[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2996 Engrossed in House (EH)]
111th CONGRESS
1st Session
H. R. 2996
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Department of the
Interior, environment, and related agencies for the fiscal year ending
September 30, 2010, and for other purposes, namely:
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition
of easements and other interests in lands, and performance of other
functions, including maintenance of facilities, as authorized by law,
in the management of lands and their resources under the jurisdiction
of the Bureau of Land Management, including the general administration
of the Bureau, and assessment of mineral potential of public lands
pursuant to Public Law 96-487 (16 U.S.C. 3150(a)), $950,496,000, to
remain available until expended; and of which $3,000,000 shall be
available in fiscal year 2010 subject to a match by at least an equal
amount by the National Fish and Wildlife Foundation for cost-shared
projects supporting conservation of Bureau lands; and such funds shall
be advanced to the Foundation as a lump sum grant without regard to
when expenses are incurred.
In addition, $45,500,000 is for the processing of applications for
permit to drill and related use authorizations, to remain available
until expended, to be reduced by amounts collected by the Bureau and
credited to this appropriation that shall be derived from $6,500 per
new application for permit to drill that the Bureau shall collect upon
submission of each new application, and in addition, $36,696,000 is for
Mining Law Administration program operations, including the cost of
administering the mining claim fee program; to remain available until
expended, to be reduced by amounts collected by the Bureau and credited
to this appropriation from annual mining claim fees so as to result in
a final appropriation estimated at not more than $950,496,000, and
$2,000,000, to remain available until expended, from communication site
rental fees established by the Bureau for the cost of administering
communication site activities.
construction
For construction of buildings, recreation facilities, roads,
trails, and appurtenant facilities, $6,590,000, to remain available
until expended.
land acquisition
For expenses necessary to carry out sections 205, 206, and 318(d)
of Public Law 94-579, including administrative expenses and acquisition
of lands or waters, or interests therein, $26,529,000, to be derived
from the Land and Water Conservation Fund and to remain available until
expended.
oregon and california grant lands
For expenses necessary for management, protection, and development
of resources and for construction, operation, and maintenance of access
roads, reforestation, and other improvements on the revested Oregon and
California Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adjacent rights-
of-way; and acquisition of lands or interests therein, including
existing connecting roads on or adjacent to such grant lands;
$111,557,000, to remain available until expended: Provided, That 25
percent of the aggregate of all receipts during the current fiscal year
from the revested Oregon and California Railroad grant lands is hereby
made a charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in accordance
with the second paragraph of subsection (b) of title II of the Act of
August 28, 1937 (50 Stat. 876).
forest ecosystem health and recovery fund
(revolving fund, special account)
In addition to the purposes authorized in Public Law 102-381, funds
made available in the Forest Ecosystem Health and Recovery Fund can be
used through fiscal year 2015 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 through fiscal year 2015 into the Forest Ecosystem
Health and Recovery Fund.
range improvements
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant to
section 401 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701), notwithstanding any other Act, sums equal to 50 percent
of all moneys received during the prior fiscal year under sections 3
and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount
designated for range improvements from grazing fees and mineral leasing
receipts from Bankhead-Jones lands transferred to the Department of the
Interior pursuant to law, but not less than $10,000,000, to remain
available until expended: Provided, That not to exceed $600,000 shall
be available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies of official
public land documents, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and
for rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579, as amended, and Public Law 93-153,
to remain available until expended: Provided, That, notwithstanding any
provision to the contrary of section 305(a) of Public Law 94-579 (43
U.S.C. 1735(a)), any moneys that have been or will be received pursuant
to that section, whether as a result of forfeiture, compromise, or
settlement, if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary to improve, protect,
or rehabilitate any public lands administered through the Bureau of
Land Management which have been damaged by the action of a resource
developer, purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action are used
on the exact lands damaged which led to the action: Provided further,
That any such moneys that are in excess of amounts needed to repair
damage to the exact land for which funds were collected may be used to
repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under existing
laws, there is hereby appropriated such amounts as may be contributed
under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and
such amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act, to remain available until expended.
administrative provisions
Appropriations for the Bureau of Land Management (BLM) shall be
available for purchase, erection, and dismantlement of temporary
structures, and alteration and maintenance of necessary buildings and
appurtenant facilities to which the United States has title; up to
$100,000 for payments, at the discretion of the Secretary, for
information or evidence concerning violations of laws administered by
the Bureau; miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be accounted
for solely on the Secretary's certificate, not to exceed $10,000:
Provided, That notwithstanding 44 U.S.C. 501, the Bureau may, under
cooperative cost-sharing and partnership arrangements authorized by
law, procure printing services from cooperators in connection with
jointly produced publications for which the cooperators share the cost
of printing either in cash or in services, and the Bureau determines
the cooperator is capable of meeting accepted quality standards:
Provided further, That projects to be funded pursuant to a written
commitment by a State government to provide an identified amount of
money in support of the project may be carried out by the Bureau on a
reimbursable basis.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic studies,
general administration, and for the performance of other authorized
functions related to such resources by direct expenditure, contracts,
grants, cooperative agreements and reimbursable agreements with public
and private entities, $1,248,756,000, to remain available until
September 30, 2011 except as otherwise provided herein: Provided, That
$2,500,000 is for high priority projects, which shall be carried out by
the Youth Conservation Corps: Provided further, That not to exceed
$20,603,000 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 $10,632,000 shall be used for any activity regarding the
designation of critical habitat, pursuant to subsection (a)(3),
excluding litigation support, for species listed pursuant to subsection
(a)(1) prior to October 1, 2009: Provided further, That of the amount
available for law enforcement, up to $400,000, to remain available
until expended, may at the discretion of the Secretary be used for
payment for information, rewards, or evidence concerning violations of
laws administered by the Service, and miscellaneous and emergency
expenses of enforcement activity, authorized or approved by the
Secretary and to be accounted for solely on the Secretary's
certificate: Provided further, That of the amount provided for
environmental contaminants, up to $1,000,000 may remain available until
expended for contaminant sample analyses.
construction
For construction, improvement, acquisition, or removal of buildings
and other facilities required in the conservation, management,
investigation, protection, and utilization of fishery and wildlife
resources, and the acquisition of lands and interests therein;
$21,139,000, to remain available until expended.
land acquisition
For expenses necessary to carry out the Land and Water Conservation
Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
administrative expenses, and for acquisition of land or waters, or
interest therein, in accordance with statutory authority applicable to
the United States Fish and Wildlife Service, $67,250,000 (increased by
$2,000,000), to be derived from the Land and Water Conservation Fund
and to remain available until expended, of which, notwithstanding 16
U.S.C. 460l-9, not more than $2,000,000 (increased by $2,000,000) shall
be for land conservation partnerships authorized by the Highlands
Conservation Act of 2004: Provided, That none of the funds appropriated
for specific land acquisition projects may be used to pay for any
administrative overhead, planning or other management costs.
cooperative endangered species conservation fund
For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended, $100,000,000,
to remain available until expended, of which $34,307,000 is to be
derived from the Cooperative Endangered Species Conservation Fund, of
which $5,145,706 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 $65,693,000 is to be derived from the Land and Water
Conservation Fund.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $14,100,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act, as amended (16 U.S.C. 4401-4414),
$52,647,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical Migratory Bird
Conservation Act, as amended (16 U.S.C. 6101 et seq.), $5,250,000, to
remain available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201-4203, 4211-4214, 4221-4225, 4241-4246,
and 1538), the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4261-
4266), the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C.
5301-5306), the Great Ape Conservation Act of 2000 (16 U.S.C. 6301-
6305), and the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601-
6606), $11,500,000, to remain available until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the District of
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the
Northern Mariana Islands, American Samoa, and federally recognized
Indian tribes under the provisions of the Fish and Wildlife Act of 1956
and the Fish and Wildlife Coordination Act, for the development and
implementation of programs for the benefit of wildlife and their
habitat, including species that are not hunted or fished, $115,000,000,
to remain available until expended: Provided, That of the amount
provided herein, $7,000,000 is for a competitive grant program for
federally recognized Indian tribes not subject to the remaining
provisions of this appropriation: Provided further, That $5,000,000 is
for a competitive grant program for States, territories, and other
jurisdictions with approved plans, not subject to the remaining
provisions of this appropriation: Provided further, That up to
$20,000,000 is for incorporating wildlife adaptation strategies and
actions to address the impacts of climate change into State Wildlife
Action plans and implementing these adaptation actions: Provided
further, That the Secretary shall, after deducting $32,000,000 and
administrative expenses, apportion the amount provided herein in the
following manner: (1) to the District of Columbia and to the
Commonwealth of Puerto Rico, each a sum equal to not more than one-half
of 1 percent thereof; and (2) to Guam, American Samoa, the United
States Virgin Islands, and the Commonwealth of the Northern Mariana
Islands, each a sum equal to not more than one-fourth of 1 percent
thereof: Provided further, That the Secretary shall apportion the
remaining amount in the following manner: (1) one-third of which is
based on the ratio to which the land area of such State bears to the
total land area of all such States; and (2) two-thirds of which is
based on the ratio to which the population of such State bears to the
total population of all such States: Provided further, That the amounts
apportioned under this paragraph shall be adjusted equitably so that no
State shall be apportioned a sum which is less than 1 percent of the
amount available for apportionment under this paragraph for any fiscal
year or more than 5 percent of such amount: Provided further, That the
Federal share of planning grants shall not exceed 75 percent of the
total costs of such projects and the Federal share of implementation
grants shall not exceed 75 percent of the total costs of such projects:
Provided further, That the non-Federal share of such projects may not
be derived from Federal grant programs: Provided further, That no
State, territory, or other jurisdiction shall receive a grant if its
comprehensive wildlife conservation plan is disapproved and such funds
that would have been distributed to such State, territory, or other
jurisdiction shall be distributed equitably to States, territories, and
other jurisdictions with approved plans: Provided further, That any
amount apportioned in 2010 to any State, territory, or other
jurisdiction that remains unobligated as of September 30, 2011, shall
be reapportioned, together with funds appropriated in 2012, in the
manner provided herein.
administrative provisions
Appropriations and funds available to the United States Fish and
Wildlife Service shall be available for repair of damage to public
roads within and adjacent to reservation areas caused by operations of
the Service; options for the purchase of land at not to exceed $1 for
each option; facilities incident to such public recreational uses on
conservation areas as are consistent with their primary purpose; and
the maintenance and improvement of aquaria, buildings, and other
facilities under the jurisdiction of the Service and to which the
United States has title, and which are used pursuant to law in
connection with management, and investigation of fish and wildlife
resources: Provided, That notwithstanding 44 U.S.C. 501, the Service
may, under cooperative cost sharing and partnership arrangements
authorized by law, procure printing services from cooperators in
connection with jointly produced publications for which the cooperators
share at least one-half the cost of printing either in cash or services
and the Service determines the cooperator is capable of meeting
accepted quality standards: Provided further, That, notwithstanding any
other provision of law, the Service may use up to $2,000,000 from funds
provided for contracts for employment-related legal services: Provided
further, That the Service may accept donated aircraft as replacements
for existing aircraft.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National Park
Service (including expenses to carry out programs of the United States
Park Police), and for the general administration of the National Park
Service, $2,260,684,000, of which $9,982,000 for planning and
interagency coordination in support of Everglades restoration and
$98,622,000 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.
park partnership project grants
For expenses necessary to carry out provisions of section 814(g) of
Public Law 104-333 relating to challenge cost-share agreements,
$25,000,000, to remain available until expended for Park Partnership
signature projects and programs: Provided, That not less than 50
percent of the total cost of each project or program is derived from
non-Federal sources in the form of donated cash, assets, or a pledge of
donation guaranteed by an irrevocable letter of credit.
national recreation and preservation
For expenses necessary to carry out recreation programs, natural
programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs,
statutory or contractual aid for other activities, and grant
administration, not otherwise provided for, $59,386,000.
historic preservation fund
For expenses necessary in carrying out the Historic Preservation
Act of 1966, as amended (16 U.S.C. 470), and the Omnibus Parks and
Public Lands Management Act of 1996 (Public Law 104-333), $90,675,000
(increased by $1,000,000), to be derived from the Historic Preservation
Fund and to remain available until September 30, 2011; of which
$30,000,000 (increased by $1,000,000) shall be for Save America's
Treasures for preservation of nationally significant sites, structures,
and artifacts; and of which $6,175,000 shall be for Preserve America
grants to States, federally recognized Indian Tribes, and local
communities for projects that preserve important historic resources
through the promotion of heritage tourism: Provided, That of the funds
provided for Save America's Treasures, $5,310,000 shall be allocated in
the amounts specified for those projects and purposes in accordance
with the terms and conditions specified in the explanatory statement
accompanying this Act.
construction
For construction, improvements, repair or replacement of physical
facilities, including modifications authorized by section 104 of the
Everglades National Park Protection and Expansion Act of 1989,
$214,691,000 (reduced by $1,000,000), to remain available until
expended: Provided, That the National Park Service shall complete a
special resource study along the route of the Mississippi River in the
counties contiguous to the river from its headwaters in the State of
Minnesota to the Gulf of Mexico.
land and water conservation fund
(rescission)
The contract authority provided for fiscal year 2010 by 16 U.S.C.
460l-10a is rescinded.
land acquisition and state assistance
For expenses necessary to carry out the Land and Water Conservation
Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
administrative expenses, and for acquisition of lands or waters, or
interest therein, in accordance with the statutory authority applicable
to the National Park Service, $103,222,000 (increased by $10,000,000),
to be derived from the Land and Water Conservation Fund and to remain
available until expended, of which $30,000,000 (increased by
$10,000,000) is for the State assistance program.
administrative provisions
In addition to other uses set forth in section 407(d) of Public Law
105-391, franchise fees credited to a sub-account shall be available
for expenditure by the Secretary, without further appropriation, for
use at any unit within the National Park System to extinguish or reduce
liability for Possessory Interest or leasehold surrender interest. Such
funds may only be used for this purpose to the extent that the
benefiting unit anticipated franchise fee receipts over the term of the
contract at that unit exceed the amount of funds used to extinguish or
reduce liability. Franchise fees at the benefiting unit shall be
credited to the sub-account of the originating unit over a period not
to exceed the term of a single contract at the benefiting unit, in the
amount of funds so expended to extinguish or reduce liability.
For the costs of administration of the Land and Water Conservation
Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico
Energy Security Act of 2006 (Public Law 109-432), the National Park
Service may retain up to 3 percent of the amounts which are authorized
to be disbursed under such section, such retained amounts to remain
available until expended.
National Park Service funds may be transferred to the Federal
Highway Administration (FHWA), Department of Transportation, for
purposes authorized under 23 U.S.C. 204. Transfers may include a
reasonable amount for FHWA administrative support costs.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological Survey to
perform surveys, investigations, and research covering topography,
geology, hydrology, biology, and the mineral and water resources of the
United States, its territories and possessions, and other areas as
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to power
permittees and Federal Energy Regulatory Commission licensees;
administer the minerals exploration program (30 U.S.C. 641); conduct
inquiries into the economic conditions affecting mining and materials
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1))
and related purposes as authorized by law; and to publish and
disseminate data relative to the foregoing activities; $1,105,744,000,
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 and of
which $2,000,000 shall be available for the United States Geological
Survey to fund the operating expenses for the Civil Applications
Committee: Provided, That none of the funds provided for the biological
research activity shall be used to conduct new surveys on private
property, unless specifically authorized in writing by the property
owner: Provided further, That no part of this appropriation shall be
used to pay more than one-half the cost of topographic mapping or water
resources data collection and investigations carried on in cooperation
with States and municipalities.
administrative provisions
From within the amount appropriated for activities of the United
States Geological Survey such sums as are necessary shall be available
for reimbursement to the General Services Administration for security
guard services; contracting for the furnishing of topographic maps and
for the making of geophysical or other specialized surveys when it is
administratively determined that such procedures are in the public
interest; construction and maintenance of necessary buildings and
appurtenant facilities; acquisition of lands for gauging stations and
observation wells; expenses of the United States National Committee on
Geology; and payment of compensation and expenses of persons on the
rolls of the Survey duly appointed to represent the United States in
the negotiation and administration of interstate compacts: Provided,
That activities funded by appropriations herein made may be
accomplished through the use of contracts, grants, or cooperative
agreements as defined in 31 U.S.C. 6302 et seq.: Provided further, That
the United States Geological Survey may enter into contracts or
cooperative agreements directly with individuals or indirectly with
institutions or nonprofit organizations, without regard to 41 U.S.C. 5,
for the temporary or intermittent services of students or recent
graduates, who shall be considered employees for the purpose of
chapters 57 and 81 of title 5, United States Code, relating to
compensation for travel and work injuries, and chapter 171 of title 28,
United States Code, relating to tort claims, but shall not be
considered to be Federal employees for any other purposes.
Minerals Management Service
royalty and offshore minerals management
For expenses necessary for minerals leasing and environmental
studies, regulation of industry operations, and collection of
royalties, as authorized by law; for enforcing laws and regulations
applicable to oil, gas, and other minerals leases, permits, licenses
and operating contracts; for energy-related or other authorized marine-
related purposes on the Outer Continental Shelf; and for matching
grants or cooperative agreements, $174,317,000, to remain available
until September 30, 2011, of which $89,374,000 shall be available for
royalty management activities; and an amount not to exceed
$156,730,000, to be credited to this appropriation and to remain
available until expended, from additions to receipts resulting from
increases to rates in effect on August 5, 1993, and from cost recovery
fees: Provided, That notwithstanding 31 U.S.C. 3302, in fiscal year
2010, such amounts as are assessed under 31 U.S.C. 9701 shall be
collected and credited to this account and shall be available until
expended for necessary expenses: Provided further, That to the extent
$156,730,000 in addition to receipts are not realized from the sources
of receipts stated above, the amount needed to reach $156,730,000 shall
be credited to this appropriation from receipts resulting from rental
rates for Outer Continental Shelf leases in effect before August 5,
1993: Provided further, That not to exceed $3,000 shall be available
for reasonable expenses related to promoting volunteer beach and marine
cleanup activities: Provided further, That notwithstanding any other
provision of law, $15,000 under this heading shall be available for
refunds of overpayments in connection with certain Indian leases in
which the Director of MMS concurred with the claimed refund due, to pay
amounts owed to Indian allottees or tribes, or to correct prior
unrecoverable erroneous payments: Provided further, That for the costs
of administration of the Coastal Impact Assistance Program authorized
by section 31 of the Outer Continental Shelf Lands Act, as amended (43
U.S.C. 1456a), in fiscal year 2010, MMS may retain up to 4 percent of
the amounts which are disbursed under section 31(b)(1), such retained
amounts to remain available until expended.
For an additional amount, $10,000,000, to remain available until
expended, which shall be derived from non-refundable inspection fees
collected in fiscal year 2010, as provided in this Act: Provided, That
to the extent that such amounts are not realized from such fees, the
amount needed to reach $10,000,000 shall be credited to this
appropriation from receipts resulting from rental rates for Outer
Continental Shelf leases in effect before August 5, 1993.
oil spill research
For necessary expenses to carry out title I, section 1016, title
IV, sections 4202 and 4303, title VII, and title VIII, section 8201 of
the Oil Pollution Act of 1990, $6,303,000, which shall be derived from
the Oil Spill Liability Trust Fund, to remain available until expended.
administrative provision
Notwithstanding the provisions of section 35(b) of the Mineral
Leasing Act, as amended (30 U.S.C. 191(b)), the Secretary shall deduct
2 percent from the amount payable to each State in fiscal year 2010 and
deposit the amount deducted to miscellaneous receipts of the Treasury.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87, as
amended, $127,180,000, to remain available until September 30, 2011:
Provided, That appropriations for the Office of Surface Mining
Reclamation and Enforcement may provide for the travel and per diem
expenses of State and tribal personnel attending Office of Surface
Mining Reclamation and Enforcement sponsored training.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, as amended,
$32,088,000, to be derived from receipts of the Abandoned Mine
Reclamation Fund and to remain available until expended: Provided, That
pursuant to Public Law 97-365, the Department of the Interior is
authorized to use up to 20 percent from the recovery of the delinquent
debt owed to the United States Government to pay for contracts to
collect these debts: Provided further, That amounts provided under this
heading may be used for the travel and per diem expenses of State and
tribal personnel attending Office of Surface Mining Reclamation and
Enforcement sponsored training: Provided further, That funds made
available under title IV of Public Law 95-87 may be used for any
required non-Federal share of the cost of projects funded by the
Federal Government for the purpose of environmental restoration related
to treatment or abatement of acid mine drainage from abandoned mines:
Provided further, That such projects must be consistent with the
purposes and priorities of the Surface Mining Control and Reclamation
Act.
administrative provision
With funds available for the Technical Innovation and Professional
Services program in this Act, the Secretary may transfer title for
computer hardware, software and other technical equipment to State and
tribal regulatory and reclamation programs.
Bureau of Indian Affairs
operation of indian programs
(including transfer of funds)
For expenses necessary for the operation of Indian programs, as
authorized by law, including the Snyder Act of November 2, 1921 (25
U.S.C. 13), the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 450 et seq.), as amended, the Education Amendments
of 1978 (25 U.S.C. 2001-2019), and the Tribally Controlled Schools Act
of 1988 (25 U.S.C. 2501 et seq.), as amended, $2,300,099,000, to remain
available until September 30, 2011 except as otherwise provided herein;
of which not to exceed $8,500 may be for official reception and
representation expenses; of which not to exceed $74,915,000 shall be
for welfare assistance payments: Provided, That in cases of designated
Federal disasters, the Secretary may exceed such cap, from the amounts
provided herein, to provide for disaster relief to Indian communities
affected by the disaster; and of which, notwithstanding any other
provision of law, including but not limited to the Indian Self-
Determination Act of 1975, as amended, not to exceed $159,084,000 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 federally recognized tribes, and
tribal organizations of federally recognized tribes, may use their
tribal priority allocations for unmet contract support costs of ongoing
contracts, grants, or compacts, or annual funding agreements and for
unmet welfare assistance costs; of which not to exceed $568,702,000 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; and of which not to exceed
$59,895,000 shall remain available until expended for housing
improvement, road maintenance, attorney fees, litigation support, the
Indian Self-Determination Fund, land records improvement, and the
Navajo-Hopi Settlement Program: Provided further, That notwithstanding
any other provision of law, including but not limited to the Indian
Self-Determination Act of 1975, as amended, and 25 U.S.C. 2008, not to
exceed $43,373,000 within and only from such amounts made available for
school operations shall be available for administrative cost grants
associated with ongoing grants entered into with the Bureau prior to or
during fiscal year 2009 for the operation of Bureau-funded schools, and
up to $500,000 within and only from such amounts made available for
administrative cost grants shall be available for the transitional
costs of initial administrative cost grants to grantees that assume
operation on or after July 1, 2009, of Bureau-funded schools: Provided
further, That any forestry funds allocated to a federally recognized
tribe which remain unobligated as of September 30, 2011, may be
transferred during fiscal year 2012 to an Indian forest land assistance
account established for the benefit of the holder of the funds within
the holder's trust fund account: Provided further, That any such
unobligated balances not so transferred shall expire on September 30,
2012: Provided further, That in order to enhance the safety of Bureau
field employees, the Bureau may use funds to purchase uniforms or other
identifying articles of clothing for personnel.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services by
contract; acquisition of lands, and interests in lands; and preparation
of lands for farming, and for construction of the Navajo Indian
Irrigation Project pursuant to Public Law 87-483, $200,000,000, to
remain available until expended: Provided, That such amounts as may be
available for the construction of the Navajo Indian Irrigation Project
may be transferred to the Bureau of Reclamation: Provided further, That
not to exceed 6 percent of contract authority available to the Bureau
of Indian Affairs from the Federal Highway Trust Fund may be used to
cover the road program management costs of the Bureau: Provided
further, That any funds provided for the Safety of Dams program
pursuant to 25 U.S.C. 13 shall be made available on a nonreimbursable
basis: Provided further, That for fiscal year 2010, in implementing new
construction or facilities improvement and repair project grants in
excess of $100,000 that are provided to grant schools under Public Law
100-297, as amended, the Secretary of the Interior shall use the
Administrative and Audit Requirements and Cost Principles for
Assistance Programs contained in 43 CFR part 12 as the regulatory
requirements: Provided further, That such grants shall not be subject
to section 12.61 of 43 CFR; the Secretary and the grantee shall
negotiate and determine a schedule of payments for the work to be
performed: Provided further, That in considering grant applications,
the Secretary shall consider whether such grantee would be deficient in
assuring that the construction projects conform to applicable building
standards and codes and Federal, tribal, or State health and safety
standards as required by 25 U.S.C. 2005(b), with respect to
organizational and financial management capabilities: Provided further,
That if the Secretary declines a grant application, the Secretary shall
follow the requirements contained in 25 U.S.C. 2504(f): Provided
further, That any disputes between the Secretary and any grantee
concerning a grant shall be subject to the disputes provision in 25
U.S.C. 2507(e): Provided further, That in order to ensure timely
completion of construction projects, the Secretary may assume control
of a project and all funds related to the project, if, within eighteen
months of the date of enactment of this Act, any grantee receiving
funds appropriated in this Act or in any prior Act, has not completed
the planning and design phase of the project and commenced
construction: Provided further, That this appropriation may be
reimbursed from the Office of the Special Trustee for American Indians
appropriation for the appropriate share of construction costs for space
expansion needed in agency offices to meet trust reform implementation.
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements pursuant to
Public Laws 99-264, 100-580, 101-618, 108-447, 109-379, 109-479, 110-
297, and 111-11, and for implementation of other land and water rights
settlements, $47,380,000, to remain available until expended.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans, $8,215,000, of
which $1,629,000 is for administrative expenses, as authorized by the
Indian Financing Act of 1974, as amended: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize total loan principal, any
part of which is to be guaranteed or insured, not to exceed
$93,807,956.
indian land consolidation
For consolidation of fractional interests in Indian lands and
expenses associated with redetermining and redistributing escheated
interests in allotted lands, and for necessary expenses to carry out
the Indian Land Consolidation Act (25 U.S.C. 2201 et seq.), as amended,
by direct expenditure or cooperative agreement, $3,000,000, to remain
available until expended.
administrative provisions
The Bureau of Indian Affairs may carry out the operation of Indian
programs by direct expenditure, contracts, cooperative agreements,
compacts and grants, either directly or in cooperation with States and
other organizations.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs may
contract for services in support of the management, operation, and
maintenance of the Power Division of the San Carlos Irrigation Project.
Appropriations for the Bureau of Indian Affairs (except the
Revolving Fund for Loans Liquidating Account, Indian Loan Guaranty and
Insurance Fund Liquidating Account, Indian Guaranteed Loan Financing
Account, Indian Direct Loan Financing Account, and the Indian
Guaranteed Loan Program Account) shall be available for expenses of
exhibits.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Affairs for central office oversight and Executive
Direction and Administrative Services (except executive direction and
administrative services funding for Tribal Priority Allocations,
regional offices, and facilities operations and maintenance) shall be
available for contracts, grants, compacts, or cooperative agreements
with the Bureau of Indian Affairs under the provisions of the Indian
Self-Determination Act or the Tribal Self-Governance Act of 1994
(Public Law 103-413).
In the event any federally recognized tribe returns appropriations
made available by this Act to the Bureau of Indian Affairs, this action
shall not diminish the Federal Government's trust responsibility to
that tribe, or the government-to-government relationship between the
United States and that tribe, or that tribe's ability to access future
appropriations.
Notwithstanding any other provision of law, no funds available to
the Bureau, other than the amounts provided herein for assistance to
public schools under 25 U.S.C. 452 et seq., shall be available to
support the operation of any elementary or secondary school in the
State of Alaska.
Appropriations made available in this or any other Act for schools
funded by the Bureau shall be available only to the schools in the
Bureau school system as of September 1, 1996. No funds available to the
Bureau shall be used to support expanded grades for any school or
dormitory beyond the grade structure in place or approved by the
Secretary of the Interior at each school in the Bureau school system as
of October 1, 1995. Funds made available under this Act may not be used
to establish a charter school at a Bureau-funded school (as that term
is defined in section 1146 of the Education Amendments of 1978 (25
U.S.C. 2026)), except that a charter school that is in existence on the
date of the enactment of this Act and that has operated at a Bureau-
funded school before September 1, 1999, may continue to operate during
that period, but only if the charter school pays to the Bureau a pro
rata share of funds to reimburse the Bureau for the use of the real and
personal property (including buses and vans), the funds of the charter
school are kept separate and apart from Bureau funds, and the Bureau
does not assume any obligation for charter school programs of the State
in which the school is located if the charter school loses such
funding. Employees of Bureau-funded schools sharing a campus with a
charter school and performing functions related to the charter schools
operation and employees of a charter school shall not be treated as
Federal employees for purposes of chapter 171 of title 28, United
States Code.
Notwithstanding any other provision of law, including section 113
of title I of appendix C of Public Law 106-113, if in fiscal year 2003
or 2004 a grantee received indirect and administrative costs pursuant
to a distribution formula based on section 5(f) of Public Law 101-301,
the Secretary shall continue to distribute indirect and administrative
cost funds to such grantee using the section 5(f) distribution formula.
Departmental Offices
Office of the Secretary
salaries and expenses
For necessary expenses for management of the Department of the
Interior, $118,836,000; of which $12,136,000 for consolidated appraisal
services is to be derived from the Land and Water Conservation Fund and
shall remain available until expended; of which not to exceed $15,000
may be for official reception and representation expenses; and of which
up to $1,000,000 shall be available for workers compensation payments
and unemployment compensation payments associated with the orderly
closure of the United States Bureau of Mines: Provided, That for fiscal
year 2010 up to $400,000 of the payments authorized by the Act of
October 20, 1976, as amended (31 U.S.C. 6901-6907) may be retained for
administrative expenses of the Payments in Lieu of Taxes Program:
Provided further, That no payment shall be made pursuant to that Act to
otherwise eligible units of local government if the computed amount of
the payment is less than $100.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior, $83,995,000, of which:
(1) $74,715,000 shall remain available until expended for technical
assistance, including maintenance assistance, disaster assistance,
insular management controls, coral reef initiative activities, and
brown tree snake control and research; grants to the judiciary in
American Samoa for compensation and expenses, as authorized by law (48
U.S.C. 1661(c)); grants to the Government of American Samoa, in
addition to current local revenues, for construction and support of
governmental functions; grants to the Government of the Virgin Islands
as authorized by law; grants to the Government of Guam, as authorized
by law; and grants to the Government of the Northern Mariana Islands as
authorized by law (Public Law 94-241; 90 Stat. 272); and (2) $9,280,000
shall be available until September 30, 2011 for salaries and expenses
of the Office of Insular Affairs: Provided, That all financial
transactions of the territorial and local governments herein provided
for, including such transactions of all agencies or instrumentalities
established or used by such governments, may be audited by the
Government Accountability Office, at its discretion, in accordance with
chapter 35 of title 31, United States Code: Provided further, That
Northern Mariana Islands Covenant grant funding shall be provided
according to those terms of the Agreement of the Special
Representatives on Future United States Financial Assistance for the
Northern Mariana Islands approved by Public Law 104-134: Provided
further, That of the amounts provided for technical assistance,
sufficient funds shall be made available for a grant to the Pacific
Basin Development Council: Provided further, That of the amounts
provided for technical assistance, sufficient funding shall be made
available for a grant to the Close Up Foundation: Provided further,
That the funds for the program of operations and maintenance
improvement are appropriated to institutionalize routine operations and
maintenance improvement of capital infrastructure with territorial
participation and cost sharing to be determined by the Secretary based
on the grantee's commitment to timely maintenance of its capital
assets: Provided further, That any appropriation for disaster
assistance under this heading in this Act or previous appropriations
Acts may be used as non-Federal matching funds for the purpose of
hazard mitigation grants provided pursuant to section 404 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170c).
compact of free association
For grants and necessary expenses, $5,318,000, 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.
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may transfer
discretionary funds or mandatory funds provided under section 104(e) of
Public Law 108-188 and Public Law 104-134, that are allocated for Guam,
to the Secretary of Agriculture for the subsidy cost of direct or
guaranteed loans, plus not to exceed three percent of the amount of the
subsidy transferred for the cost of loan administration, for the
purposes authorized by the Rural Electrification Act of 1936 and
section 306(a)(1) of the Consolidated Farm and Rural Development Act
for construction and repair projects in Guam, and such funds shall
remain available until expended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That such loans
or loan guarantees may be made without regard to the population of the
area, credit elsewhere requirements, and restrictions on the types of
eligible entities under the Rural Electrification Act of 1936 and
section 306(a)(1) of the Consolidated Farm and Rural Development Act:
Provided further, That any funds transferred to the Secretary of
Agriculture shall be in addition to funds otherwise made available to
make or guarantee loans under such authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $65,076,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$48,590,000.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and grants,
$185,984,000, to remain available until expended, of which not to
exceed $56,536,000 from this or any other Act, shall be available for
historical accounting: Provided, That funds for trust management
improvements and litigation support may, as needed, be transferred to
or merged with the Bureau of Indian Affairs, ``Operation of Indian
Programs'' account; the Office of the Solicitor, ``Salaries and
Expenses'' account; and the Office of the Secretary, ``Salaries and
Expenses'' account: Provided further, That funds made available through
contracts or grants obligated during fiscal year 2010, as authorized by
the Indian Self-Determination Act of 1975 (25 U.S.C. 450 et seq.),
shall remain available until expended by the contractor or grantee:
Provided further, That, notwithstanding any other provision of law, the
statute of limitations shall not commence to run on any claim,
including any claim in litigation pending on the date of the enactment
of this Act, concerning losses to or mismanagement of trust funds,
until the affected tribe or individual Indian has been furnished with
an accounting of such funds from which the beneficiary can determine
whether there has been a loss: Provided further, That, notwithstanding
any other provision of law, the Secretary shall not be required to
provide a quarterly statement of performance for any Indian trust
account that has not had activity for at least 18 months and has a
balance of $15.00 or less: Provided further, That the Secretary shall
issue an annual account statement and maintain a record of any such
accounts and shall permit the balance in each such account to be
withdrawn upon the express written request of the account holder:
Provided further, That not to exceed $50,000 is available for the
Secretary to make payments to correct administrative errors of either
disbursements from or deposits to Individual Indian Money or Tribal
accounts after September 30, 2002: Provided further, That erroneous
payments that are recovered shall be credited to and remain available
in this account for this purpose.
Department-Wide Programs
wildland fire management
(including transfers of funds)
For necessary expenses for fire preparedness, suppression
operations, fire science and research, emergency rehabilitation,
hazardous fuels reduction, and rural fire assistance by the Department
of the Interior, $932,780,000, to remain available until expended, of
which not to exceed $6,137,000 shall be for the renovation or
construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts
from which funds were previously transferred for such purposes:
Provided further, That persons hired pursuant to 43 U.S.C. 1469 may be
furnished subsistence and lodging without cost from funds available
from this appropriation: Provided further, That notwithstanding 42
U.S.C. 1856d, sums received by a bureau or office of the Department of
the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et
seq., protection of United States property, may be credited to the
appropriation from which funds were expended to provide that
protection, and are available without fiscal year limitation: Provided
further, That using the amounts designated under this title of this
Act, the Secretary of the Interior may enter into procurement
contracts, grants, or cooperative agreements, for hazardous fuels
reduction activities, and for training and monitoring associated with
such hazardous fuels reduction activities, on Federal land, or on
adjacent non-Federal land for activities that benefit resources on
Federal land: Provided further, That the costs of implementing any
cooperative agreement between the Federal Government and any non-
Federal entity may be shared, as mutually agreed on by the affected
parties: Provided further, That notwithstanding requirements of the
Competition in Contracting Act, the Secretary, for purposes of
hazardous fuels reduction activities, may obtain maximum practicable
competition among: (1) local private, nonprofit, or cooperative
entities; (2) Youth Conservation Corps crews, Public Lands Corps
(Public Law 109-154), or related partnerships with State, local, or
non-profit youth groups; (3) small or micro-businesses; or (4) other
entities that will hire or train locally a significant percentage,
defined as 50 percent or more, of the project workforce to complete
such contracts: Provided further, That in implementing this section,
the Secretary shall develop written guidance to field units to ensure
accountability and consistent application of the authorities provided
herein: Provided further, That funds appropriated under this head may
be used to reimburse the United States Fish and Wildlife Service and
the National Marine Fisheries Service for the costs of carrying out
their responsibilities under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) to consult and conference, as required by section
7 of such Act, in connection with wildland fire management activities:
Provided further, That the Secretary of the Interior may use wildland
fire appropriations to enter into non-competitive sole source leases of
real property with local governments, at or below fair market value, to
construct capitalized improvements for fire facilities on such leased
properties, including but not limited to fire guard stations, retardant
stations, and other initial attack and fire support facilities, and to
make advance payments for any such lease or for construction activity
associated with the lease: Provided further, That the Secretary of the
Interior and the Secretary of Agriculture may authorize the transfer of
funds appropriated for wildland fire management, in an aggregate amount
not to exceed $50,000,000, between the Departments when such transfers
would facilitate and expedite jointly funded wildland fire management
programs and projects.
Wildland Fire Suppression Contingency Reserve Fund
(including transfer of funds)
For necessary expenses for transfer to ``Wildland Fire Management''
for fire suppression operations of the Department of the Interior,
$75,000,000, to remain available until expended: Provided, That amounts
in this paragraph may be transferred and expended only if all funds
appropriated for fire suppression operations under the heading
``Wildland Fire Management'' shall be fully obligated within 30 days:
Provided further, That amounts are available only to the extent the
President has issued a finding that the amounts are necessary for
emergency fire suppression operations.
central hazardous materials fund
For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for response action, including
associated activities, performed pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as
amended (42 U.S.C. 9601 et seq.), $10,175,000, to remain available
until expended: Provided, That Public Law 110-161 (121 Stat. 2116)
under the heading ``Central Hazardous Materials Fund'' is amended by
striking ``in advance of or as reimbursement for remedial action or
response activities conducted by the Department pursuant to section 107
or 113(f) of such Act'' and inserting in lieu thereof ``including any
fines or penalties''.
natural resource damage assessment and restoration
natural resource damage assessment fund
To conduct natural resource damage assessment and restoration
activities by the Department of the Interior necessary to carry out the
provisions of the Comprehensive Environmental Response, Compensation,
and Liability Act, as amended (42 U.S.C. 9601 et seq.), the Federal
Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.), the
Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and Public Law 101-
337, as amended (16 U.S.C. 19jj et seq.), $6,462,000, to remain
available until expended.
working capital fund
For the acquisition of a departmental financial and business
management system and information technology improvements of general
benefit to the Department, $85,823,000 (reduced by $10,000,000), to
remain available until expended: Provided, That none of the funds in
this Act or previous appropriations Acts may be used to establish
reserves in the Working Capital Fund account other than for accrued
annual leave and depreciation of equipment without prior approval of
the House and Senate Committees on Appropriations: Provided further,
That the Secretary may assess reasonable charges to State, local, and
tribal government employees for training services provided by the
National Indian Program Training Center, other than training related to
Public Law 93-638: Provided further, That the Secretary may lease or
otherwise provide space and related facilities, equipment or
professional services of the National Indian Program Training Center to
State, local, and tribal government employees or persons or
organizations engaged in cultural, educational, or recreational
activities (as defined in 40 U.S.C. 3306(a)) at the prevailing rate for
similar space, facilities, equipment, or services in the vicinity of
the National Indian Program Training Center: Provided further, That all
funds received pursuant to the two preceding provisos shall be credited
to this account, shall be available until expended, and shall be used
by the Secretary for necessary expenses of the National Indian Program
Training Center.
administrative provisions
There is hereby authorized for acquisition from available resources
within the Working Capital Fund, 15 aircraft, 10 of which shall be for
replacement and which may be obtained by donation, purchase or through
available excess surplus property: Provided, That existing aircraft
being replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft.
General Provisions, Department of the Interior
(including transfers of funds)
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the
approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to this
section must be replenished by a supplemental appropriation which must
be requested as promptly as possible.
Sec. 102. The Secretary may authorize the expenditure or transfer
of any no year appropriation in this title, in addition to the amounts
included in the budget programs of the several agencies, for the
suppression or emergency prevention of wildland fires on or threatening
lands under the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its jurisdiction;
for emergency actions related to potential or actual earthquakes,
floods, volcanoes, storms, or other unavoidable causes; for contingency
planning subsequent to actual oil spills; for response and natural
resource damage assessment activities related to actual oil spills; for
the prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in section
1773(b) of Public Law 99-198 (99 Stat. 1658); for emergency reclamation
projects under section 410 of Public Law 95-87; and shall transfer,
from any no year funds available to the Office of Surface Mining
Reclamation and Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy State is not
carrying out the regulatory provisions of the Surface Mining Act:
Provided, That appropriations made in this title for wildland fire
operations and shall be available for the payment of obligations
incurred during the preceding fiscal year, and for reimbursement to
other Federal agencies for destruction of vehicles, aircraft, or other
equipment in connection with their use for wildland fire operations,
such reimbursement to be credited to appropriations currently available
at the time of receipt thereof: Provided further, That for wildland
fire operations, no funds shall be made available under this authority
until the Secretary determines that funds appropriated for ``wildland
fire operations'' and ``Wildland Fire Suppression Contingency Reserve
Fund'' shall be exhausted within 30 days: Provided further, That all
funds used pursuant to this section must be replenished by a
supplemental appropriation which must be requested as promptly as
possible: Provided further, That such replenishment funds shall be used
to reimburse, on a pro rata basis, accounts from which emergency funds
were transferred.
Sec. 103. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by 5 U.S.C.
3109, when authorized by the Secretary, in total amount not to exceed
$500,000; purchase and replacement of motor vehicles, including
specially equipped law enforcement vehicles; hire, maintenance, and
operation of aircraft; hire of passenger motor vehicles; purchase of
reprints; payment for telephone service in private residences in the
field, when authorized under regulations approved by the Secretary; and
the payment of dues, when authorized by the Secretary, for library
membership in societies or associations which issue publications to
members only or at a price to members lower than to subscribers who are
not members.
Sec. 104. 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.
Sec. 105. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any Tribal
Priority Allocation funds, including tribal base funds, to alleviate
tribal funding inequities by transferring funds to address identified,
unmet needs, dual enrollment, overlapping service areas or inaccurate
distribution methodologies. No federally recognized tribe shall receive
a reduction in Tribal Priority Allocation funds of more than 10 percent
in fiscal year 2010. Under circumstances of dual enrollment,
overlapping service areas or inaccurate distribution methodologies, the
10 percent limitation does not apply.
Sec. 106. Notwithstanding any other provision of law, in conveying
the Twin Cities Research Center under the authority provided by Public
Law 104-134, as amended by Public Law 104-208, the Secretary may accept
and retain land and other forms of reimbursement: Provided, That the
Secretary may retain and use any such reimbursement until expended and
without further appropriation: (1) for the benefit of the National
Wildlife Refuge System within the State of Minnesota; and (2) for all
activities authorized by 16 U.S.C. 460zz.
Sec. 107. The Secretary of the Interior may use discretionary
funds to pay private attorney fees and costs for employees and former
employees of the Department of the Interior reasonably incurred in
connection with Cobell v. Salazar to the extent that such fees and
costs are not paid by the Department of Justice or by private
insurance. In no case shall the Secretary make payments under this
section that would result in payment of hourly fees in excess of the
highest hourly rate approved by the District Court for the District of
Columbia for counsel in Cobell v. Salazar.
Sec. 108. The United States Fish and Wildlife Service shall, in
carrying out its responsibilities to protect threatened and endangered
species of salmon, implement a system of mass marking of salmonid
stocks, intended for harvest, that are released from federally operated
or federally financed hatcheries including but not limited to fish
releases of coho, chinook, and steelhead species. Marked fish must have
a visible mark that can be readily identified by commercial and
recreational fishers.
Sec. 109. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands, waters, or
interests therein including the use of all or part of any pier, dock,
or landing within the State of New York and the State of New Jersey,
for the purpose of operating and maintaining facilities in the support
of transportation and accommodation of visitors to Ellis, Governors,
and Liberty Islands, and of other program and administrative
activities, by donation or with appropriated funds, including franchise
fees (and other monetary consideration), or by exchange; and the
Secretary is authorized to negotiate and enter into leases, subleases,
concession contracts or other agreements for the use of such facilities
on such terms and conditions as the Secretary may determine reasonable.
Sec. 110. Title 43 U.S.C. 1473, as amended by Public Law 111-8, is
further amended by striking ``in fiscal years 2008 and 2009 only'' and
inserting ``in fiscal years 2010 through 2013''.
Sec. 111. 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.
Sec. 112. Funds provided in this Act for Federal land acquisition
by the National Park Service for Ice Age National Scenic Trail may be
used for a grant to a State, a local government, or any other land
management entity for the acquisition of lands without regard to any
restriction on the use of Federal land acquisition funds provided
through the Land and Water Conservation Fund Act of 1965 as amended.
Sec. 113. Notwithstanding any other provision of law, for fiscal
year 2010 and each fiscal year thereafter, sections 109 and 110 of the
Federal Oil and Gas Royalty Management Act (30 U.S.C. 1719 and 1720)
shall 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 section 8(k) or 8(p) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337(k) and 1337(p)) to the same
extent as if such lease, easement, right of way, or other agreement,
regardless of form, were an oil and gas lease, except that in such
cases the term ``royalty payment'' shall include any payment required
by such lease, easement, right of way or other agreement, regardless of
form, or by applicable regulation.
Sec. 114. (a) In fiscal year 2010, the Minerals Management Service
(MMS) shall collect a non-refundable inspection fee, which shall be
deposited in the ``Royalty and Offshore Minerals Management'' account,
from the designated operator for facilities subject to inspection by
MMS under 43 U.S.C. 1348(c) that are above the waterline, except mobile
offshore drilling units, and are in place at the start of fiscal year
2010.
(b) Fees for 2010 shall be--
(1) $2,000 for facilities with no wells, but with
processing equipment or gathering lines;
(2) $3,250 for facilities with one to ten wells, with any
combination of active or inactive wells; and
(3) $6,000 for facilities with more than ten wells, with
any combination of active or inactive wells.
(c) MMS will bill designated operators within 60 days of enactment
of this bill, with payment required within 30 days of billing.
Sec. 115. Section 4 of Public Law 89-565, as amended (16 U.S.C.
282c), relating to San Juan Island National Historic Park, is amended
by striking ``$5,575,000'' and inserting ``$13,575,000''.
Sec. 116. Section 1(c)(2) of Public Law 109-441 is amended by
adding after subparagraph (D) the following new subparagraphs:
``(E) Minidoka, depicted in a map entitled
`Minidoka National Historic Site and Environs - Draft
Document', dated May 27, 2009. The Secretary is
authorized to accept a donation of land or interest in
land acquired with funds provided under this section,
as an addition to the Minidoka National Historic Site
and administered in accordance with section 313(c)(5)
of Public Law 110-229.
``(F) Heart Mountain, depicted in Figure 6.3 of the
Site Document.''.
TITLE II--ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended; necessary expenses for personnel and
related costs and travel expenses; procurement of laboratory equipment
and supplies; and other operating expenses in support of research and
development, $849,649,000, to remain available until September 30,
2011.
Environmental Programs and Management
For environmental programs and management, including necessary
expenses, not otherwise provided for, for personnel and related costs
and travel expenses; hire of passenger motor vehicles; hire,
maintenance, and operation of aircraft; purchase of reprints; library
memberships in societies or associations which issue publications to
members only or at a price to members lower than to subscribers who are
not members; administrative costs of the brownfields program under the
Small Business Liability Relief and Brownfields Revitalization Act of
2002; and not to exceed $9,000 for official reception and
representation expenses, $3,022,054,000, to remain available until
September 30, 2011: Provided, That of the funds included under this
heading, not less than $628,941,000 shall be for the Geographic
Programs specified in the explanatory statement accompanying this Act.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $44,791,000, to remain available until September 30, 2011.
Buildings and Facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by, the
Environmental Protection Agency, $35,001,000 (reduced by $2,000,000),
to remain available until expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended,
including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C.
9611) $1,306,541,000, 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 $1,306,541,000 as a
payment from general revenues to the Hazardous Substance Superfund for
purposes as authorized by section 517(b) of SARA, as amended: Provided,
That funds appropriated under this heading may be allocated to other
Federal agencies in accordance with section 111(a) of CERCLA: Provided
further, That of the funds appropriated under this heading, $9,975,000
shall be paid to the ``Office of Inspector General'' appropriation to
remain available until September 30, 2011, and $26,834,000 shall be
paid to the ``Science and Technology'' appropriation to remain
available until September 30, 2011.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground storage
tank cleanup activities authorized by subtitle I of the Solid Waste
Disposal Act, as amended, $113,101,000, to remain available until
expended, of which $78,671,000 shall be for carrying out leaking
underground storage tank cleanup activities authorized by section
9003(h) of the Solid Waste Disposal Act, as amended; $34,430,000 shall
be for carrying out the other provisions of the Solid Waste Disposal
Act specified in section 9508(c) of the Internal Revenue Code, as
amended: Provided, That the Administrator is authorized to use
appropriations made available under this heading to implement section
9013 of the Solid Waste Disposal Act to provide financial assistance to
federally recognized Indian tribes for the development and
implementation of programs to manage underground storage tanks.
Oil Spill Response
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990,
$18,379,000, to be derived from the Oil Spill Liability trust fund, to
remain available until expended.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $5,215,446,000, to remain available until expended,
of which $2,307,000,000 shall be for making capitalization grants for
the Clean Water State Revolving Funds under title VI of the Federal
Water Pollution Control Act, as amended (the ``Act''); of which
$1,443,000,000 shall be for making capitalization grants for the
Drinking Water State Revolving Funds under section 1452 of the Safe
Drinking Water Act, as amended: Provided, That $20,000,000 shall be for
architectural, engineering, planning, design, construction and related
activities in connection with the construction of high priority water
and wastewater facilities in the area of the United States-Mexico
border, after consultation with the appropriate border commission;
$10,000,000 shall be for grants to the State of Alaska to address
drinking water and wastewater infrastructure needs of rural and Alaska
Native Villages: Provided further, That, of these funds: (1) the State
of Alaska shall provide a match of 25 percent; and (2) no more than 5
percent of the funds may be used for administrative and overhead
expenses; $160,000,000 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 explanatory
statement 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;
$100,000,000 shall be to carry out section 104(k) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), as amended, including grants, interagency agreements, and
associated program support costs; $60,000,000 shall be for grants under
title VII, subtitle G of the Energy Policy Act of 2005, as amended; and
$1,115,446,000 shall be for grants, including associated program
support costs, to States, federally recognized tribes, interstate
agencies, tribal consortia, and air pollution control agencies for
multi-media or single media pollution prevention, control and abatement
and related activities, including activities pursuant to the provisions
set forth under this heading in Public Law 104-134, and for making
grants under section 103 of the Clean Air Act for particulate matter
monitoring and data collection activities subject to terms and
conditions specified by the Administrator, of which $49,495,000 shall
be for carrying out section 128 of CERCLA, as amended, $10,000,000
shall be for Environmental Information Exchange Network grants,
including associated program support costs, $18,500,000 of the funds
available for grants under section 106 of the Act shall be for water
quality monitoring activities, $10,000,000 shall be for competitive
grants to communities to develop plans and demonstrate and implement
projects which reduce greenhouse gas emissions, and, in addition to
funds appropriated under the heading ``Leaking Underground Storage Tank
Trust Fund Program'' to carry out the provisions of the Solid Waste
Disposal Act specified in section 9508(c) of the Internal Revenue Code
other than section 9003(h) of the Solid Waste Disposal Act, as amended,
$2,500,000 shall be for grants to States under section 2007(f)(2) of
the Solid Waste Disposal Act, as amended: Provided further, That
notwithstanding section 603(d)(7) of the Federal Water Pollution
Control Act, the limitation on the amounts in a State water pollution
control revolving fund that may be used by a State to administer the
fund shall not apply to amounts included as principal in loans made by
such fund in fiscal year 2010 and prior years where such amounts
represent costs of administering the fund to the extent that such
amounts are or were deemed reasonable by the Administrator, accounted
for separately from other assets in the fund, and used for eligible
purposes of the fund, including administration: Provided further, That
for fiscal year 2010, and notwithstanding section 518(f) of the Act,
the Administrator is authorized to use the amounts appropriated for any
fiscal year under section 319 of that Act to make grants to federally
recognized Indian tribes pursuant to sections 319(h) and 518(e) of that
Act: Provided further, That for fiscal year 2010, notwithstanding the
limitation on amounts in section 518(c) of the Federal Water Pollution
Control Act and section 1452(i) of the Safe Drinking Water Act, up to a
total of 2 percent of the funds appropriated for State Revolving Funds
under such Acts may be reserved by the Administrator for grants under
section 518(c) and section 1452(i) of such Acts: Provided further, That
for fiscal year 2010, in addition to the amounts specified in section
205(c) of the Federal Water Pollution Control Act, up to 1.2486 percent
of the funds appropriated for the Clean Water State Revolving Fund
program under the Act may be reserved by the Administrator for grants
made under title II of the Clean Water Act for American Samoa, Guam,
the Commonwealth of the Northern Marianas, and United States Virgin
Islands: Provided further, That for fiscal year 2010, notwithstanding
the limitations on amounts specified in section 1452(j) of the Safe
Drinking Water Act, up to 1.5 percent of the funds appropriated for the
Drinking Water State Revolving Fund programs under the Safe Drinking
Water Act may be reserved by the Administrator for grants made under
section 1452(j) of the Safe Drinking Water Act: Provided further, That
no funds provided by this appropriations Act to address the water,
wastewater and other critical infrastructure needs of the colonias in
the United States along the United States-Mexico border shall be made
available to a county or municipal government unless that government
has established an enforceable local ordinance, or other zoning rule,
which prevents in that jurisdiction the development or construction of
any additional colonia areas, or the development within an existing
colonia the construction of any new home, business, or other structure
which lacks water, wastewater, or other necessary infrastructure.
Administrative Provisions, Environmental Protection Agency
(including transfer and rescission of funds)
For fiscal year 2010, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection Agency, in
carrying out the Agency's function to implement directly Federal
environmental programs required or authorized by law in the absence of
an acceptable tribal program, may award cooperative agreements to
federally recognized Indian tribes or Intertribal consortia, if
authorized by their member tribes, to assist the Administrator in
implementing Federal environmental programs for Indian tribes required
or authorized by law, except that no such cooperative agreements may be
awarded from funds designated for State financial assistance
agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration service fees
in accordance with section 33 of the Federal Insecticide, Fungicide,
and Rodenticide Act, as amended by Public Law 110-94, the Pesticide
Registration Improvement Renewal Act.
Title II of Public Law 109-54, as amended by title II of division E
of Public Law 111-8 (123 Stat.729), is amended in the fourth paragraph
under the heading ``Administrative Provisions'' by striking ``2011''
and inserting ``2015''.
From unobligated balances to carry out projects and activities
funded through the ``State and Tribal Assistance Grants'' account,
$142,000,000 are hereby permanently rescinded: Provided, That no
amounts may be cancelled from amounts that were designated by the
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.
The Administrator is authorized to transfer up to $475,000,000 from
the ``Environmental Programs and Management'' account to the head of
any other Federal department or agency (including but not limited to
the Departments of Agriculture, Army, Commerce, Health and Human
Services, Homeland Security, the Interior, State, and Transportation),
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.
Not less than 30 percent of the funds made available under this
title to each State for Clean Water State Revolving Fund capitalization
grants and not less than 30 percent of the funds made available under
this title to each State for Drinking Water State Revolving Fund
capitalization grants shall be used by the State to provide additional
subsidy to eligible recipients in the form of forgiveness of principal,
negative interest loans, or grants (or any combination of these),
except that for the Clean Water State Revolving Fund capitalization
grant appropriation this section shall only apply to the portion that
exceeds $1,000,000,000.
To the extent there are sufficient eligible project applications,
not less than 20 percent of the funds made available under this title
to each State for Clean Water State Revolving Fund capitalization
grants and not less than 20 percent of the funds made available under
this title to each State for Drinking Water State Revolving Fund
capitalization grants shall be used by the State for projects to
address green infrastructure, water efficiency, or energy efficiency
improvements.
For fiscal year 2010 and each fiscal year thereafter, the
requirements of section 513 of the Federal Water Pollution Control Act
(33 U.S.C. 1372) shall apply to the construction of treatment works
carried out in whole or in part with assistance made available by a
State water pollution control revolving fund as authorized by title VI
of that Act (33 U.S.C. 1381 et seq.), or with assistance made available
under section 205(m) of that Act (33 U.S.C. 1285(m)), or both.
For fiscal year 2010 and each fiscal year thereafter, the
requirements of section 1450(e) of the Safe Drinking Water Act (42
U.S.C. 300j-9(e)) shall apply to any construction project carried out
in whole or in part with assistance made available by a drinking water
treatment revolving loan fund as authorized by section 1452 of that Act
(42 U.S.C. 300j-12).
TITLE III--RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $308,612,000, to remain available until expended:
Provided, That of the funds provided, $61,939,000 is for the forest
inventory and analysis program.
State and Private Forestry
For necessary expenses of cooperating with and providing technical
and financial assistance to States, territories, possessions, and
others, and for forest health management, including treatments of
pests, pathogens, and invasive or noxious plants and for restoring and
rehabilitating forests damaged by pests or invasive plants, cooperative
forestry, and education and land conservation activities and conducting
an international program as authorized, $307,486,000, to remain
available until expended, as authorized by law; and of which
$76,215,000 is to be derived from the Land and Water Conservation Fund.
national forest system
(including transfers of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utilization
of the National Forest System, $1,564,801,000 (reduced by $25,000,000)
(increased by $25,000,000), to remain available until expended, which
shall include 50 percent of all moneys received during prior fiscal
years as fees collected under the Land and Water Conservation Fund Act
of 1965, as amended, in accordance with section 4 of the Act (16 U.S.C.
460l-6a(i)): Provided, That, the Secretary may authorize the
expenditure or transfer of up to $10,000,000 to the Department of the
Interior, Bureau of Land Management, for removal, preparation, and
adoption of excess wild horses and burros from National Forest System
lands, and for the performance of cadastral surveys to designate the
boundaries of such lands: Provided further, That up to $10,000,000 may
be transferred to and made a part of other Forest Service accounts if
the transfer enhances the efficiency or effectiveness of Federal
activities.
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $560,637,000, to remain available until expended, for
construction, capital improvement, maintenance and acquisition of
buildings and other facilities and infrastructure; and for
construction, capital improvement, decommissioning, and maintenance of
forest roads and trails by the Forest Service as authorized by 16
U.S.C. 532-538 and 23 U.S.C. 101 and 205: Provided, That $100,000,000
shall be designated for urgently needed road decommissioning, road and
trail repair and maintenance and associated activities, and removal of
fish passage barriers, especially in areas where Forest Service roads
may be contributing to water quality problems in streams and water
bodies which support threatened, endangered or sensitive species or
community water sources: Provided further, That funds provided herein
shall be available for the decommissioning of roads, including
unauthorized roads not part of the transportation system, which are no
longer needed: Provided further, That public comment should be provided
before system roads are decommissioned: Provided further, That the
decommissioning of unauthorized roads not part of the official
transportation system shall be expedited in response to threats to
public safety, water quality, or natural resources: Provided further,
That funds becoming available in fiscal year 2010 under the Act of
March 4, 1913 (16 U.S.C. 501) shall be transferred to the General Fund
of the Treasury and shall not be available for transfer or obligation
for any other purpose unless the funds are appropriated: Provided
further, That up to $10,000,000 may be transferred to and made a part
of other Forest Service accounts if the transfer enhances the
efficiency or effectiveness of Federal activities.
land acquisition
For expenses necessary to carry out the provisions of the Land and
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for acquisition of
land or waters, or interest therein, in accordance with statutory
authority applicable to the Forest Service, $36,782,000, to be derived
from the Land and Water Conservation Fund and to remain available until
expended.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
National Forests, California, as authorized by law, $1,050,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities, and for authorized
expenditures from funds deposited by non-Federal parties pursuant to
Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967,
as amended (16 U.S.C. 484a), to remain available until expended (16
U.S.C. 460l-516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-
591; and Public Law 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior fiscal
year, as fees for grazing domestic livestock on lands in National
Forests in the 16 Western States, pursuant to section 401(b)(1) of
Public Law 94-579, as amended, to remain available until expended, of
which not to exceed 6 percent shall be available for administrative
expenses associated with on-the-ground range rehabilitation,
protection, and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $50,000, to remain
available until expended, to be derived from the fund established
pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage Federal
lands in Alaska for subsistence uses under title VIII of the Alaska
National Interest Lands Conservation Act (Public Law 96-487),
$2,582,000, to remain available until expended.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency fire suppression on or
adjacent to such lands or other lands under fire protection agreement,
hazardous fuels reduction on or adjacent to such lands, and for
emergency rehabilitation of burned-over National Forest System lands
and water, $2,370,288,000, to remain available until expended:
Provided, That such funds including unobligated balances under this
heading, are available for repayment of advances from other
appropriations accounts previously transferred for such purposes:
Provided further, That such funds shall be available to reimburse State
and other cooperating entities for services provided in response to
wildfire and other emergencies or disasters to the extent such
reimbursements by the Forest Service for non-fire emergencies are fully
repaid by the responsible emergency management agency: Provided
further, That, notwithstanding any other provision of law, $8,000,000
of funds appropriated under this appropriation shall be used for Fire
Science Research in support of the Joint Fire Science Program: Provided
further, That all authorities for the use of funds, including the use
of contracts, grants, and cooperative agreements, available to execute
the Forest and Rangeland Research appropriation, are also available in
the utilization of these funds for Fire Science Research: Provided
further, That funds provided shall be available for emergency
rehabilitation and restoration, hazardous fuels reduction activities in
the urban-wildland interface, support to Federal emergency response,
and wildfire suppression activities of the Forest Service: Provided
further, That of the funds provided, $378,086,000 is for hazardous
fuels reduction activities, $11,600,000 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.),
$80,000,000 is for State fire assistance, $10,000,000 is for volunteer
fire assistance, $24,252,000 is for forest health activities on Federal
lands and $12,928,000 is for forest health activities on State and
private lands: Provided further, That amounts in this paragraph may be
transferred to the ``State and Private Forestry'', ``National Forest
System'', and ``Forest and Rangeland Research'' accounts to fund State
fire assistance, volunteer fire assistance, forest health management,
forest and rangeland research, the Joint Fire Science Program,
vegetation and watershed management, heritage site rehabilitation, and
wildlife and fish habitat management and restoration: Provided further,
That up to $25,000,000 of the funds provided under this heading may be
transferred to and made a part of other Forest Service accounts if the
transfer enhances the efficiency or effectiveness of Federal
activities: Provided further, That the costs of implementing any
cooperative agreement between the Federal Government and any non-
Federal entity may be shared, as mutually agreed on by the affected
parties: Provided further, That of the funds provided herein, the
Secretary of Agriculture may enter into procurement contracts or
cooperative agreements, or issue grants, for hazardous fuels reduction
activities and for training and monitoring associated with such
hazardous fuels reduction activities, on Federal land, or on adjacent
non-Federal land for activities that benefit resources on Federal land:
Provided further, That the 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
$50,000,000, between the Departments when such transfers would
facilitate and expedite jointly funded wildland fire management
programs and projects: Provided further, That of the funds provided for
hazardous fuels reduction, not to exceed $5,000,000, may be used to
make grants, using any authorities available to the Forest Service
under the State and Private Forestry appropriation, for the purpose of
creating incentives for increased use of biomass from national forest
lands: Provided further, That funds designated for wildfire suppression
shall be assessed for cost pools on the same basis as such assessments
are calculated against other agency programs.
Wildland Fire Suppression Contingency Reserve Fund
(including transfer of funds)
For necessary expenses for transfer to ``Wildland Fire Management''
for emergency fire suppression on National Forest System lands or
adjacent lands or other lands under fire protection agreement,
$282,000,000, to remain available until expended: Provided, That
amounts in this paragraph may be transferred and expended only if all
funds appropriated for fire suppression under the heading ``Wildland
Fire Management'' shall be fully obligated within 30 days: Provided
further, That amounts are available only to the extent the President
has issued a finding that the amounts are necessary for emergency fire
suppression.
administrative provisions, forest service
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and hire
of such vehicles; purchase, lease, operation, maintenance, and
acquisition of aircraft from excess sources to maintain the operable
fleet for use in Forest Service wildland fire programs and other Forest
Service programs; notwithstanding other provisions of law, existing
aircraft being replaced may be sold, with proceeds derived or trade-in
value used to offset the purchase price for the replacement aircraft;
(2) services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for
employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration
of buildings and other public improvements (7 U.S.C. 2250); (4)
acquisition of land, waters, and interests therein pursuant to 7 U.S.C.
428a; (5) for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost
of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt
collection contracts in accordance with 31 U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service may be
transferred to the Wildland Fire Management appropriation for forest
firefighting, emergency rehabilitation of burned-over or damaged lands
or waters under its jurisdiction, and fire preparedness due to severe
burning conditions five days after the Secretary notifies the House and
Senate Committees on Appropriations that all fire suppression funds
appropriated under the headings ``Wildland Fire Management'' and
``Wildland Fire Suppression Contingency Reserve Fund'' shall be fully
obligated within 30 days: Provided, That all funds used pursuant to
this paragraph must be replenished by a supplemental appropriation
which must be requested as promptly as possible.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development in
connection with forest and rangeland research, technical information,
and assistance in foreign countries, and shall be available to support
forestry and related natural resource activities outside the United
States and its territories and possessions, including technical
assistance, education and training, and cooperation with United States
and international organizations.
None of the funds made available to the Forest Service in this Act
or any other Act with respect to any fiscal year shall be subject to
transfer under the provisions of section 702(b) of the Department of
Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public
Law 106-224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107-107
(7 U.S.C. 8316(b)).
Not more than $78,350,000 of funds available to the Forest Service
shall be transferred to the Working Capital Fund of the Department of
Agriculture and not more than $19,825,000 of funds available to the
Forest Service shall be transferred to the Department of Agriculture
for Department Reimbursable Programs, commonly referred to as Greenbook
charges. Nothing in this paragraph shall prohibit or limit the use of
reimbursable agreements requested by the Forest Service in order to
obtain services from the Department of Agriculture's National
Information Technology Center.
Funds available to the Forest Service shall be available to conduct
a program of up to $5,000,000 for priority projects within the scope of
the approved budget, of which $2,500,000 shall be carried out by the
Youth Conservation Corps and $2,500,000 shall be carried out under the
authority of the Public Lands Corps Healthy Forests Restoration Act of
2005, Public Law 109-154.
Of the funds available to the Forest Service, $4,000 is available
to the Chief of the Forest Service for official reception and
representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of
the funds available to the Forest Service, $3,000,000 may be advanced
in a lump sum to the National Forest Foundation to aid conservation
partnership projects in support of the Forest Service mission, without
regard to when the Foundation incurs expenses, for projects on or
benefitting National Forest System lands or related to Forest Service
programs: Provided, That the Foundation shall obtain, by the end of the
period of Federal financial assistance, private contributions to match
on at least one-for-one basis funds made available by the Forest
Service: Provided further, That the Foundation may transfer Federal
funds to Federal or a non-Federal recipient for a project at the same
rate that the recipient has obtained the non-Federal matching funds:
Provided further, That authorized investments of Federal funds held by
the Foundation may be made only in interest-bearing obligations of the
United States or in obligations guaranteed as to both principal and
interest by the United States.
Pursuant to section 2(b)(2) of Public Law 98-244, $3,000,000 of the
funds available to the Forest Service shall be advanced to the National
Fish and Wildlife Foundation in a lump sum to aid cost-share
conservation projects, without regard to when expenses are incurred, on
or benefitting National Forest System lands or related to Forest
Service programs: Provided, That such funds shall be matched on at
least a one-for-one basis by the Foundation or its sub-recipients:
Provided further, That the Foundation may transfer Federal funds to a
Federal or non-Federal recipient for a project at the same rate that
the recipient has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities and natural resource-based businesses for sustainable rural
development purposes.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
An eligible individual who is employed in any project funded under
title V of the Older American Act of 1965 (42 U.S.C. 3056 et seq.) and
administered by the Forest Service shall be considered to be a Federal
employee for purposes of chapter 171 of title 28, United States Code.
Any funds appropriated to the Forest Service may be used to meet
the non-Federal share requirement in section 502(c) of the Older
American Act of 1965 (42 U.S.C. 3056(c)(2)).
Funds available to the Forest Service, not to exceed $55,000,000,
shall be assessed for the purpose of performing fire, administrative
and other facilities maintenance. Such assessments shall occur using a
square foot rate charged on the same basis the agency uses to assess
programs for payment of rent, utilities, and other support services.
Notwithstanding any other provision of law, any appropriations or
funds available to the Forest Service not to exceed $500,000 may be
used to reimburse the Office of the General Counsel (OGC), Department
of Agriculture, for travel and related expenses incurred as a result of
OGC assistance or participation requested by the Forest Service at
meetings, training sessions, management reviews, land purchase
negotiations and similar non-litigation related matters. Future budget
justifications for both the Forest Service and the Department of
Agriculture should clearly display the sums previously transferred and
the requested funding transfers.
The 19th unnumbered paragraph under heading ``Administrative
Provisions, Forest Service'' in title III of the Department of the
Interior, Environment, and Related Agencies Appropriations Act, 2006,
Public Law 109-54, is amended by striking ``2009'' and inserting
``2014''.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination Act, the Indian Health Care
Improvement Act, and titles II and III of the Public Health Service Act
with respect to the Indian Health Service, $3,657,618,000, together
with payments received during the fiscal year pursuant to 42 U.S.C.
238(b) and 238b for services furnished by the Indian Health Service:
Provided, That funds made available to tribes and tribal organizations
through contracts, grant agreements, or any other agreements or
compacts authorized by the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 450), shall be deemed to be obligated
at the time of the grant or contract award and thereafter shall remain
available to the tribe or tribal organization without fiscal year
limitation: Provided further, That $16,251,000 is provided for
Headquarters operations and information technology activities and,
notwithstanding any other provision of law, the amount available under
this proviso shall be allocated at the discretion of the Director of
the Indian Health Service: Provided further, That $779,347,000 for
contract medical care, including $48,000,000 for the Indian
Catastrophic Health Emergency Fund, shall remain available until
expended: Provided further, That no less than $43,139,000 is provided
for maintaining operations of the urban Indian health program: Provided
further, That of the funds provided, up to $32,000,000 shall remain
available until expended for implementation of the loan repayment
program under section 108 of the Indian Health Care Improvement Act:
Provided further, That $16,391,000 is provided for the methamphetamine
and suicide prevention and treatment initiative and $10,000,000 is
provided for the domestic violence prevention initiative and,
notwithstanding any other provision of law, the amounts available under
this proviso shall be allocated at the discretion of the Director of
the Indian Health Service and shall remain available until expended:
Provided further, That funds provided in this Act may be used for 1-
year contracts and grants which are to be performed in two fiscal
years, so long as the total obligation is recorded in the year for
which the funds are appropriated: Provided further, That the amounts
collected by the Secretary of Health and Human Services under the
authority of title IV of the Indian Health Care Improvement Act shall
remain available until expended for the purpose of achieving compliance
with the applicable conditions and requirements of titles XVIII and XIX
of the Social Security Act (exclusive of planning, design, or
construction of new facilities): Provided further, That funding
contained herein, and in any earlier appropriations Acts for
scholarship programs under the Indian Health Care Improvement Act (25
U.S.C. 1613) shall remain available until expended: Provided further,
That amounts received by tribes and tribal organizations under title IV
of the Indian Health Care Improvement Act shall be reported and
accounted for and available to the receiving tribes and tribal
organizations until expended: Provided further, That, notwithstanding
any other provision of law, of the amounts provided herein, not to
exceed $398,490,000 shall be for payments to tribes and tribal
organizations for contract or grant support costs associated with
contracts, grants, self-governance compacts, or annual funding
agreements between the Indian Health Service and a tribe or tribal
organization pursuant to the Indian Self-Determination Act of 1975, as
amended, prior to or during fiscal year 2010, of which not to exceed
$5,000,000 may be used for contract support costs associated with new
or expanded self-determination contracts, grants, self-governance
compacts, or annual funding agreements: Provided further, That the
Bureau of Indian Affairs may collect from the Indian Health Service,
tribes and tribal organizations operating health facilities pursuant to
Public Law 93-638, such individually identifiable health information
relating to disabled children as may be necessary for the purpose of
carrying out its functions under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.): Provided further, That the
Indian Health Care Improvement Fund may be used, as needed, to carry
out activities typically funded under the Indian Health Facilities
account.
indian health facilities
For construction, repair, maintenance, improvement, and equipment
of health and related auxiliary facilities, including quarters for
personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings, and
purchases of trailers; and for provision of domestic and community
sanitation facilities for Indians, as authorized by section 7 of the
Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination
Act, and the Indian Health Care Improvement Act, and for expenses
necessary to carry out such Acts and titles II and III of the Public
Health Service Act with respect to environmental health and facilities
support activities of the Indian Health Service, $394,757,000, to
remain available until expended: Provided, That notwithstanding any
other provision of law, funds appropriated for the planning, design,
construction or renovation of health facilities for the benefit of a
federally recognized Indian tribe or tribes may be used to purchase
land for sites to construct, improve, or enlarge health or related
facilities: Provided further, That not to exceed $500,000 shall be used
by the Indian Health Service to purchase TRANSAM equipment from the
Department of Defense for distribution to the Indian Health Service and
tribal facilities: Provided further, That none of the funds
appropriated to the Indian Health Service may be used for sanitation
facilities construction for new homes funded with grants by the housing
programs of the United States Department of Housing and Urban
Development: Provided further, That not to exceed $2,700,000 from this
account and the ``Indian Health Services'' account shall be used by the
Indian Health Service to obtain ambulances for the Indian Health
Service and tribal facilities in conjunction with an existing
interagency agreement between the Indian Health Service and the General
Services Administration: Provided further, That not to exceed $500,000
shall be placed in a Demolition Fund, available until expended, to be
used by the Indian Health Service for demolition of Federal buildings.
administrative provisions, indian health service
Appropriations in this Act to the Indian Health Service shall be
available for services as authorized by 5 U.S.C. 3109 but at rates not
to exceed the per diem rate equivalent to the maximum rate payable for
senior-level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment; purchase of
reprints; purchase, renovation and erection of modular buildings and
renovation of existing facilities; payments for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary; and for uniforms or allowances therefor as
authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at
meetings that relate to the functions or activities for which the
appropriation is made or otherwise contribute to the improved conduct,
supervision, or management of those functions or activities.
In accordance with the provisions of the Indian Health Care
Improvement Act, non-Indian patients may be extended health care at all
tribally administered or Indian Health Service facilities, subject to
charges, and the proceeds along with funds recovered under the Federal
Medical Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to
the account of the facility providing the service and shall be
available without fiscal year limitation. Notwithstanding any other law
or regulation, funds transferred from the Department of Housing and
Urban Development to the Indian Health Service shall be administered
under Public Law 86-121, the Indian Sanitation Facilities Act and
Public Law 93-638, as amended.
Funds appropriated to the Indian Health Service in this Act, except
those used for administrative and program direction purposes, shall not
be subject to limitations directed at curtailing Federal travel and
transportation.
None of the funds made available to the Indian Health Service in
this Act shall be used for any assessments or charges by the Department
of Health and Human Services unless identified in the budget
justification and provided in this Act, or approved by the House and
Senate Committees on Appropriations through the reprogramming process.
Notwithstanding any other provision of law, funds previously or
herein made available to a tribe or tribal organization through a
contract, grant, or agreement authorized by title I or V of the Indian
Self-Determination and Education Assistance Act of 1975 (25 U.S.C.
450), may be deobligated and reobligated to a self-determination
contract under title I, or a self-governance agreement under title V of
such Act and thereafter shall remain available to the tribe or tribal
organization without fiscal year limitation.
None of the funds made available to the Indian Health Service in
this Act shall be used to implement the final rule published in the
Federal Register on September 16, 1987, by the Department of Health and
Human Services, relating to the eligibility for the health care
services of the Indian Health Service until the Indian Health Service
has submitted a budget request reflecting the increased costs
associated with the proposed final rule, and such request has been
included in an appropriations Act and enacted into law.
With respect to functions transferred by the Indian Health Service
to tribes or tribal organizations, the Indian Health Service is
authorized to provide goods and services to those entities, on a
reimbursable basis, including payment in advance with subsequent
adjustment. The reimbursements received therefrom, along with the funds
received from those entities pursuant to the Indian Self-Determination
Act, may be credited to the same or subsequent appropriation account
that provided the funding, with such amounts to remain available until
expended.
Reimbursements for training, technical assistance, or services
provided by the Indian Health Service will contain total costs,
including direct, administrative, and overhead associated with the
provision of goods, services, or technical assistance.
The appropriation structure for the Indian Health Service may not
be altered without advance notification to the House and Senate
Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of Environmental
Health Sciences in carrying out activities set forth in section 311(a)
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended, and section 126(g) of the Superfund
Amendments and Reauthorization Act of 1986, $79,212,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances and
Disease Registry (ATSDR) in carrying out activities set forth in
sections 104(i) and 111(c)(4) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended;
section 118(f) of the Superfund Amendments and Reauthorization Act of
1986 (SARA), as amended; and section 3019 of the Solid Waste Disposal
Act, as amended, $76,792,000, of which up to $1,000 per eligible
employee of the Agency for Toxic Substance and Disease Registry shall
remain available until expended for Individual Learning Accounts:
Provided, That notwithstanding any other provision of law, in lieu of
performing a health assessment under section 104(i)(6) of CERCLA, the
Administrator of ATSDR may conduct other appropriate health studies,
evaluations, or activities, including, without limitation, biomedical
testing, clinical evaluations, medical monitoring, and referral to
accredited health care providers: Provided further, That in performing
any such health assessment or health study, evaluation, or activity,
the Administrator of ATSDR shall not be bound by the deadlines in
section 104(i)(6)(A) of CERCLA: Provided further, That none of the
funds appropriated under this heading shall be available for ATSDR to
issue in excess of 40 toxicological profiles pursuant to section 104(i)
of CERCLA during fiscal year 2010, and existing profiles may be updated
as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental Quality
pursuant to the National Environmental Policy Act of 1969, the
Environmental Quality Improvement Act of 1970, and Reorganization Plan
No. 1 of 1977, and not to exceed $750 for official reception and
representation expenses, $3,159,000: Provided, That notwithstanding
section 202 of the National Environmental Policy Act of 1970, the
Council shall consist of one member, appointed by the President, by and
with the advice and consent of the Senate, serving as chairman and
exercising all powers, functions, and duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
(including transfer of funds)
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, as amended, including hire of
passenger vehicles, uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902, and for services authorized by 5 U.S.C. 3109 but at
rates for individuals not to exceed the per diem equivalent to the
maximum rate payable for senior level positions under 5 U.S.C. 5376,
$10,547,000: Provided, That the Chemical Safety and Hazard
Investigation Board (Board) shall have not more than three career
Senior Executive Service positions: Provided further, That
notwithstanding any other provision of law, the individual appointed to
the position of Inspector General of the Environmental Protection
Agency (EPA) shall, by virtue of such appointment, also hold the
position of Inspector General of the Board: Provided further, That
notwithstanding any other provision of law, the Inspector General of
the Board shall utilize personnel of the Office of Inspector General of
EPA in performing the duties of the Inspector General of the Board, and
shall not appoint any individuals to positions within the Board:
Provided further, That of the funds appropriated under this heading,
$150,000 shall be paid to the ``Office of Inspector General''
appropriation of the Environmental Protection Agency.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $8,000,000, to remain
available until expended: Provided, That funds provided in this or any
other appropriations Act are to be used to relocate eligible
individuals and groups including evictees from District 6, Hopi-
partitioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not included in the
preceding categories: Provided further, That none of the funds
contained in this or any other Act may be used by the Office of Navajo
and Hopi Indian Relocation to evict any single Navajo or Navajo family
who, as of November 30, 1985, was physically domiciled on the lands
partitioned to the Hopi Tribe unless a new or replacement home is
provided for such household: Provided further, That no relocatee will
be provided with more than one new or replacement home: Provided
further, That the Office shall relocate any certified eligible
relocatees who have selected and received an approved homesite on the
Navajo reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to 25 U.S.C. 640d-10.
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska Native
Culture and Arts Development, as authorized by title XV of Public Law
99-498, as amended (20 U.S.C. 56 part A), $8,300,000.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art, science,
and history; development, preservation, and documentation of the
National Collections; presentation of public exhibits and performances;
collection, preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease (for terms not to
exceed 30 years), and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5
U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for
employees, $634,161,000, to remain available until September 30, 2011,
except as otherwise provided herein; 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; and of which $1,553,000 is for fellowships
and scholarly awards; and including such funds as may be necessary to
support American overseas research centers: Provided, That funds
appropriated herein are available for advance payments to independent
contractors performing research services or participating in official
Smithsonian presentations.
facilities capital
For necessary expenses of repair, revitalization, and alteration of
facilities owned or occupied by the Smithsonian Institution, by
contract or otherwise, as authorized by section 2 of the Act of August
22, 1949 (63 Stat. 623), and for construction, including necessary
personnel, $140,000,000, to remain available until expended, of which
not to exceed $10,000 is for services as authorized by 5 U.S.C. 3109.
administrative provision, smithsonian institution
Notwithstanding any provision of the Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2008 (Public Law
110-161; 121 Stat. 2140), the funds provided for ``Smithsonian
Institution, Legacy Fund'' under such Act may be transferred to and
made a part of the appropriation for ``Smithsonian Institution,
Facilities Capital'' in this Act and utilized by the Smithsonian
Institution under the same terms and conditions that apply to other
funds contained in such appropriation.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including services as
authorized by 5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum, and art
associations or societies whose publications or services are available
to members only, or to members at a price lower than to the general
public; purchase, repair, and cleaning of uniforms for guards, and
uniforms, or allowances therefor, for other employees as authorized by
law (5 U.S.C. 5901-5902); purchase or rental of devices and services
for protecting buildings and contents thereof, and maintenance,
alteration, improvement, and repair of buildings, approaches, and
grounds; and purchase of services for restoration and repair of works
of art for the National Gallery of Art by contracts made, without
advertising, with individuals, firms, or organizations at such rates or
prices and under such terms and conditions as the Gallery may deem
proper, $110,746,000, of which not to exceed $3,386,000 for the special
exhibition program shall remain available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and renovation of
buildings, grounds and facilities owned or occupied by the National
Gallery of Art, by contract or otherwise, as authorized, $56,259,000,
to remain available until expended: Provided, That of this amount,
$40,000,000 shall be available to repair the National Gallery's East
Building facade: Provided further, That contracts awarded for
environmental systems, protection systems, and exterior repair or
renovation of buildings of the National Gallery of Art may be
negotiated with selected contractors and awarded on the basis of
contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and security
of the John F. Kennedy Center for the Performing Arts, $25,000,000:
Provided, That of the funds included under this heading, $2,500,000 is
available until expended to implement a program to train arts managers
throughout the United States.
capital repair and restoration
For necessary expenses for capital repair and restoration of the
existing features of the building and site of the John F. Kennedy
Center for the Performing Arts, $17,447,000, to remain available until
expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of
passenger vehicles and services as authorized by 5 U.S.C. 3109,
$12,225,000, to remain available until September 30, 2011.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, as amended, $170,000,000 shall be
available to the National Endowment for the Arts for the support of
projects and productions in the arts, including arts education and
public outreach activities, through assistance to organizations and
individuals pursuant to section 5 of the Act, for program support, and
for administering the functions of the Act, to remain available until
expended: Provided, That funds appropriated herein shall be expended in
accordance with sections 309 and 311 of Public Law 108-447.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, as amended, $170,000,000, to
remain available until expended, of which $155,700,000 shall be
available for support of activities in the humanities, pursuant to
section 7(c) of the Act and for administering the functions of the Act;
and $14,300,000 shall be available to carry out the matching grants
program pursuant to section 10(a)(2) of the Act including $9,500,000
for the purposes of section 7(h): Provided, That appropriations for
carrying out section 10(a)(2) shall be available for obligation only in
such amounts as may be equal to the total amounts of gifts, bequests,
and devises of money, and other property accepted by the chairman or by
grantees of the Endowment under the provisions of subsections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal
years for which equal amounts have not previously been appropriated.
administrative provision
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913: Provided,
That none of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official reception and
representation expenses: Provided further, That funds from
nonappropriated sources may be used as necessary for official reception
and representation expenses: Provided further, That the Chairperson of
the National Endowment for the Arts may approve grants of up to
$10,000, if in the aggregate this amount does not exceed 5 percent of
the sums appropriated for grant-making purposes per year: Provided
further, That such small grant actions are taken pursuant to the terms
of an expressed and direct delegation of authority from the National
Council on the Arts to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses made necessary by the Act establishing a Commission of
Fine Arts (40 U.S.C. 104), $2,294,000: Provided, That the Commission is
authorized to charge fees to cover the full costs of its publications,
and such fees shall be credited to this account as an offsetting
collection, to remain available until expended without further
appropriation: Provided further, That the Commission is authorized to
accept gifts, including objects, papers, artwork, drawings and
artifacts, that pertain to the history and design of the national
capital or the history and activities of the Commission of Fine Arts,
and may be used only for artistic display, study, or education.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190 (20
U.S.C. 956a), as amended, $10,000,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665, as amended), $5,908,000: Provided,
That none of these funds shall be available for compensation of level V
of the Executive Schedule or higher positions.
National Capital Planning Commission
salaries and expenses
For necessary expenses, as authorized by the National Capital
Planning Act of 1952 (40 U.S.C. 71-71i), including services as
authorized by 5 U.S.C. 3109, $8,507,000: Provided, That one-quarter of
1 percent of the funds provided under this heading may be used for
official reception and representational expenses associated with
hosting international visitors engaged in the planning and physical
development of world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as authorized by
Public Law 106-292 (36 U.S.C. 2301-2310), $48,551,000, of which
$515,000 for the Museum's equipment replacement program, $1,900,000 for
the museum's repair and rehabilitation program, and $1,243,000 for the
museum's exhibition design and production program shall remain
available until expended.
Presidio Trust
presidio trust fund
For necessary expenses to carry out title I of the Omnibus Parks
and Public Lands Management Act of 1996, $23,200,000 shall be available
to the Presidio Trust, to remain available until expended.
Dwight D. Eisenhower Memorial Commission
salaries and expenses
For necessary expenses, including the costs of construction design,
of the Dwight D. Eisenhower Memorial Commission, $2,000,000 to remain
available until expended.
capital construction
For necessary expenses of the Dwight D. Eisenhower Memorial
Commission for design and construction of a memorial in honor of Dwight
D. Eisenhower, as authorized by Public Law 106-79, $10,000,000, to
remain available until expended.
TITLE IV--GENERAL PROVISIONS
(including transfers of funds)
Sec. 401. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive Order issued pursuant to existing law.
Sec. 402. No part of any appropriation contained in this Act shall
be available for any activity or the publication or distribution of
literature that in any way tends to promote public support or
opposition to any legislative proposal on which Congressional action is
not complete other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
Sec. 403. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 404. None of the funds provided in this Act to any department
or agency shall be obligated or expended to provide a personal cook,
chauffeur, or other personal servants to any officer or employee of
such department or agency except as otherwise provided by law.
Sec. 405. Estimated overhead charges, deductions, reserves or
holdbacks from programs, projects, activities and subactivities to
support government-wide, departmental, agency or bureau administrative
functions or headquarters, regional or central operations shall be
presented in annual budget justifications and subject to approval by
the Committees on Appropriations. Changes to such estimates shall be
presented to the Committees on Appropriations for approval.
Sec. 406. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government except pursuant to a transfer made by, or transfer
provided in, this Act or any other Act.
Sec. 407. (a) Limitation of Funds.--None of the funds appropriated
or otherwise made available pursuant to this Act shall be obligated or
expended to accept or process applications for a patent for any mining
or mill site claim located under the general mining laws.
(b) Exceptions.--The provisions of subsection (a) shall not apply
if the Secretary of the Interior determines that, for the claim
concerned: (1) a patent application was filed with the Secretary on or
before September 30, 1994; and (2) all requirements established under
sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30)
for vein or lode claims and sections 2329, 2330, 2331, and 2333 of the
Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill site
claims, as the case may be, were fully complied with by the applicant
by that date.
(c) Report.--On September 30, 2010, the Secretary of the Interior
shall file with the House and Senate Committees on Appropriations and
the Committee on Natural Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate a report on
actions taken by the Department under the plan submitted pursuant to
section 314(c) of the Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent applications
in a timely and responsible manner, upon the request of a patent
applicant, the Secretary of the Interior shall allow the applicant to
fund a qualified third-party contractor to be selected by the Bureau of
Land Management to conduct a mineral examination of the mining claims
or mill sites contained in a patent application as set forth in
subsection (b). The Bureau of Land Management shall have the sole
responsibility to choose and pay the third-party contractor in
accordance with the standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.
Sec. 408. 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), 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 the
Bureau of Indian Affairs, federally recognized tribes, and tribal
organizations of federally recognized tribes may use their tribal
priority allocations for unmet contract support costs of ongoing
contracts, grants, self-governance compacts, or annual funding
agreements.
Sec. 409. The Secretary of Agriculture shall not be considered to
be in violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A))
solely because more than 15 years have passed without revision of the
plan for a unit of the National Forest System. Nothing in this section
exempts the Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or
any other law: Provided, That if the Secretary is not acting
expeditiously and in good faith, within the funding available, to
revise a plan for a unit of the National Forest System, this section
shall be void with respect to such plan and a court of proper
jurisdiction may order completion of the plan on an accelerated basis.
Sec. 410. No funds provided in this Act may be expended to conduct
preleasing, leasing and related activities under either the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431
et seq.) as such boundary existed on January 20, 2001, except where
such activities are allowed under the Presidential proclamation
establishing such monument.
Sec. 411. In entering into agreements with foreign fire
organizations pursuant to the Temporary Emergency Wildfire Suppression
Act (42 U.S.C. 1856m-1856o), 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 fire organization receiving said services
when the individuals are engaged in fire suppression or presuppression:
Provided, That the Secretary of Agriculture or the Secretary of the
Interior shall not enter into any agreement under this provision unless
the foreign fire organization agrees to assume any and all liability
for the acts or omissions of American firefighters engaged in fire
suppression or presuppression in a foreign country: Provided further,
That when an agreement is reached for furnishing fire suppression or
presuppression services, the only remedies for acts or omissions
committed while engaged in fire suppression or presuppression shall be
those provided under the laws applicable to the fire organization
receiving the fire suppression or presuppression services, and those
remedies shall be the exclusive remedies for any claim arising out of
fire suppression or presuppression activities in a foreign country:
Provided further, That neither the sending country nor any legal
organization associated with the firefighter shall be subject to any
legal action, consistent with the applicable laws governing sovereign
immunity, pertaining to or arising out of the firefighter's role in
fire suppression or presuppression, except that if the foreign fire
organization is unable to provide such protection under laws applicable
to it, it shall assume any and all liability for the United States or
for any legal organization associated with the American firefighter,
and for any and all costs incurred or assessed, including legal fees,
for any act or omission pertaining to or arising out of the
firefighter's role in fire suppression or presuppression.
Sec. 412. In awarding a Federal contract with funds made available
by this Act, notwithstanding Federal Government procurement and
contracting laws, the Secretary of Agriculture and the Secretary of the
Interior (the ``Secretaries'') may, in evaluating bids and proposals,
give consideration to local contractors who are from, and who provide
employment and training for, dislocated and displaced workers in an
economically disadvantaged rural community, including those
historically timber-dependent areas that have been affected by reduced
timber harvesting on Federal lands and other forest-dependent rural
communities isolated from significant alternative employment
opportunities: Provided, That notwithstanding Federal Government
procurement and contracting laws the Secretaries may award contracts,
grants or cooperative agreements to local non-profit entities, Youth
Conservation Corps or related partnerships with State, local or non-
profit youth groups, or small or micro-business or disadvantaged
business: Provided further, That the contract, grant, or cooperative
agreement is for forest hazardous fuels reduction, watershed or water
quality monitoring or restoration, wildlife or fish population
monitoring, or habitat restoration or management: Provided further,
That the terms ``rural community'' and ``economically disadvantaged''
shall have the same meanings as in section 2374 of Public Law 101-624:
Provided further, That the Secretaries shall develop guidance to
implement this section: Provided further, That nothing in this section
shall be construed as relieving the Secretaries of any duty under
applicable procurement laws, except as provided in this section.
Sec. 413. 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.
Sec. 414. The terms and conditions of section 325 of Public Law
108-108, regarding grazing permits at the Department of the Interior
and the Forest Service shall remain in effect for fiscal year 2010.
Sec. 415. 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--
(1) in the first sentence of subsection (b)(1)(C), by
striking ``14'' and inserting in lieu thereof ``18''; and
(2) in the second sentence of subsection (d)(1), by
striking ``Eight'' and inserting in lieu thereof ``Ten''.
Sec. 416. The item relating to ``National Capital Arts and
Cultural Affairs'' in the Department of the Interior and Related
Agencies Appropriations Act, 1986, as enacted into law by section
101(d) of Public Law 99-190 (99 Stat. 1261; 20 U.S.C. 956a), is
amended--
(1) in the second sentence of the first paragraph, by
striking ``$7,500,000'' and inserting ``$10,000,000''; and
(2) in the second sentence of the fourth paragraph, by
striking ``$500,000'' and inserting ``$650,000''.
Sec. 417. Section 339(h) of the Department of the Interior and
Related Agencies Appropriations Act, 2000, as amended, concerning a
pilot program for the sale of forest botanical products by the Forest
Service, is further amended by striking ``September 30, 2009'' and
inserting ``September 30, 2014''.
Sec. 418. The second sentence of section 2 (a)(1) of the Mineral
Leasing Act (30 U.S.C. 201(a)(1); relating to coal bonus bids) does not
apply for fiscal year 2010.
Sec. 419. All monies received by the United States in fiscal year
2010 from sales, bonuses, rentals, and royalties under the Geothermal
Steam Act of 1970 shall be disposed of as provided by section 20 of
that Act (30 U.S.C. 1019), as in effect immediately before enactment of
the Energy Policy Act of 2005 (Public Law 109-58), and without regard
to the amendments contained in sections 224(b) and section 234 of the
Energy Policy Act of 2005 (42 U.S.C. 17673).
Sec. 420. Section 331(e) of the Department of the Interior and
Related Agencies Appropriations Act, 2001, (Public Law 106-291), as
added by section 336 of division E of the Consolidated Appropriations
Act, 2005 (Public Law 108-447), concerning cooperative forestry
agreements known as the Colorado Good Neighbor Act Authority is amended
by striking ``September 30, 2009'' and inserting ``September 30,
2013''.
Sec. 421. None of the funds in this or any other Act shall be used
to deposit funds from any Federal royalties, rents, and bonuses derived
from Federal onshore and offshore oil and gas leases issued under the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) and the
Mineral Leasing Act (30 U.S.C. 181 et seq.) into the Ultra-Deepwater
and Unconventional Natural Gas and Other Petroleum Research Fund.
Sec. 422. Section 302(a) of the Secure Rural Schools and Community
Self-Determination Act of 2000 (16 U.S.C. 7142(a)) is amended--
(1) in paragraph (2)(B), by striking ``; and'' and
inserting a semicolon;
(2) in paragraph (3), by striking the period and inserting
``; and''; and
(3) by inserting after paragraph (3), the following: ``(4)
to reimburse all or part of the costs incurred by the county to
pay the salaries and benefits of county employees who supervise
adults or juveniles performing mandatory community service on
Federal lands.''.
Sec. 423. Within the amounts appropriated in this Act, funding
shall be allocated in the amounts specified for those projects and
purposes delineated in the table titled ``Congressionally Directed
Spending'' included in the explanatory statement accompanying this Act.
The preceding sentence shall apply in addition to the allocation
requirements specified in this Act under the heading ``National Park
Service-Historic Preservation Fund'' for Save America's Treasures and
under the heading ``Environmental Protection Agency-State and Tribal
Assistance Grants'' for special project grants for the construction of
drinking water, wastewater and storm infrastructure and for water
quality protection.
Sec. 424. Not later than 120 days after the date on which the
President's Fiscal Year 2011 budget request is submitted to Congress,
the President shall submit a report to the Committee on Appropriations
of the House of Representatives and the Committee on Appropriations of
the Senate describing in detail all Federal agency obligations and
expenditures, domestic and international, for climate change programs
and activities in fiscal year 2008, fiscal year 2009, and fiscal year
2010, including an accounting of expenditures by agency with each
agency identifying climate change activities and associated costs by
line item as presented in the President's Budget Appendix.
Sec. 425. Notwithstanding any other provision of law, none of the
funds made available in this or any other Act may be used to implement
any rule that requires mandatory reporting of greenhouse gas emissions
from manure management systems.
Sec. 426. (a) None of the funds made available in this or any prior
Act may be used to release an individual who is detained, as of April
30, 2009, at Naval Station, Guantanamo Bay, Cuba, into any of the
United States territories of Guam, American Samoa (AS), the United
States Virgin Islands (USVI), the Commonwealth of Puerto Rico and the
Commonwealth of the Northern Mariana Islands (CNMI).
(b) None of the funds made available in this or any other prior Act
may be used to transfer an individual who is detained, as of April 30,
2009, at Naval Station, Guantanamo Bay, Cuba, into any of the United
States territories of Guam, American Samoa (AS), the United States
Virgin Islands (USVI), the Commonwealth of Puerto Rico and the
Commonwealth of the Northern Mariana Islands (CNMI), for the purposes
of detaining or prosecuting such individual, until 2 months after the
plan described in subsection (c) is received.
(c) The President shall submit to the Congress, in writing, a
comprehensive plan regarding the proposed disposition of each
individual who is detained, as of April 30, 2009, at Naval Station,
Guantanamo Bay, Cuba, who is not covered under subsection (d). Such
plan shall include, at a minimum, each of the following for each such
individual:
(1) The findings of an analysis regarding any risk to the
national security of the United States that is posed by the
transfer of the individual.
(2) The costs associated with not transferring the
individual in question.
(3) The legal rationale and associated court demands for
transfer.
(4) A certification by the President that any risk
described in paragraph (1) has been mitigated, together with a
full description of the plan for such mitigation.
(5) A certification by the President that the President has
submitted to the Governor and legislature of the State or
territory (or, in the case of the District of Columbia, to the
Mayor of the District of Columbia) to which the President
intends to transfer the individual a certification in writing
at least 30 days prior to such transfer (together with
supporting documentation and justification) that the individual
does not pose a security risk to the United States.
(d) None of the funds made available in this or any prior Act may
be used to transfer or release an individual detained at Naval Station,
Guantanamo Bay, Cuba, as of April 30, 2009, to a freely associated
State, unless the President submits to the Congress, in writing, at
least 30 days prior to such transfer or release, the following
information:
(1) The name of any individual to be transferred or
released and the freely associated State to which such
individual is to be transferred or released.
(2) An assessment of any risk to the national security of
the United States or its citizens, including members of the
Armed Services or the United States, that is posed by such
transfer or release and the actions taken to mitigate such
risk.
(3) The terms of any agreement with the freely associated
State for the acceptance of such individual, including the
amount of any financial assistance related to such agreement.
(e) In this section, the term ``freely associated States'' means
the Federated States of Micronesia (FSM), the Republic of the Marshall
Islands (RMI), and the Republic of Palau.
Sec. 427. Notwithstanding any other provision of law, none of the
funds made available in this 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 for carbon dioxide, nitrous oxide, water
vapor, or methane emissions resulting from biological processes
associated with livestock production.
This Act may be cited as the ``Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2010''.
Passed the House of Representatives June 26, 2009.
Attest:
Clerk.
111th CONGRESS
1st Session
H. R. 2996
_______________________________________________________________________
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.