    [Congressional Bills 111th Congress]
    [From the U.S. Government Publishing Office]
    [H.R. 2996 Public Print (PP)]

    111th CONGRESS
      1st Session
                                    H. R. 2996

    _______________________________________________________________________

                        IN THE HOUSE OF REPRESENTATIVES

                               September 24, 2009

             Ordered to be printed with the amendment of the Senate
     [Strike out all after the enacting clause and insert the part printed
                                   in italic]

    _______________________________________________________________________

                                     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,
    <DELETED>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:</DELETED>

             <DELETED>TITLE I--DEPARTMENT OF THE INTERIOR</DELETED>

                  <DELETED>Bureau of Land Management</DELETED>

              <DELETED>management of lands and resources</DELETED>

    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>

                        <DELETED>construction</DELETED>

    <DELETED>    For construction of buildings, recreation facilities,
    roads, trails, and appurtenant facilities, $6,590,000, to remain
    available until expended.</DELETED>

                      <DELETED>land acquisition</DELETED>

    <DELETED>    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.</DELETED>

              <DELETED>oregon and california grant lands</DELETED>

    <DELETED>    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).</DELETED>

          <DELETED>forest ecosystem health and recovery fund</DELETED>

              <DELETED>(revolving fund, special account)</DELETED>

    <DELETED>    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.</DELETED>

                     <DELETED>range improvements</DELETED>

    <DELETED>    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.</DELETED>

         <DELETED>service charges, deposits, and forfeitures</DELETED>

    <DELETED>    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.</DELETED>

                  <DELETED>miscellaneous trust funds</DELETED>

    <DELETED>    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.</DELETED>

                  <DELETED>administrative provisions</DELETED>

    <DELETED>    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.</DELETED>

           <DELETED>United States Fish and Wildlife Service</DELETED>

                     <DELETED>resource management</DELETED>

    <DELETED>    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.</DELETED>

                        <DELETED>construction</DELETED>

    <DELETED>    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.</DELETED>

                      <DELETED>land acquisition</DELETED>

    <DELETED>    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.</DELETED>

      <DELETED>cooperative endangered species conservation fund</DELETED>

    <DELETED>    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.</DELETED>

                <DELETED>national wildlife refuge fund</DELETED>

    <DELETED>    For expenses necessary to implement the Act of October 17,
    1978 (16 U.S.C. 715s), $14,100,000.</DELETED>

          <DELETED>north american wetlands conservation fund</DELETED>

    <DELETED>    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.</DELETED>

           <DELETED>neotropical migratory bird conservation</DELETED>

    <DELETED>    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.</DELETED>

           <DELETED>multinational species conservation fund</DELETED>

    <DELETED>    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.</DELETED>

              <DELETED>state and tribal wildlife grants</DELETED>

    <DELETED>    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.</DELETED>

                  <DELETED>administrative provisions</DELETED>

    <DELETED>    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.</DELETED>

                    <DELETED>National Park Service</DELETED>

            <DELETED>operation of the national park system</DELETED>

    <DELETED>    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.</DELETED>

               <DELETED>park partnership project grants</DELETED>

    <DELETED>    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.</DELETED>

            <DELETED>national recreation and preservation</DELETED>

    <DELETED>    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.</DELETED>

                 <DELETED>historic preservation fund</DELETED>

    <DELETED>    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.</DELETED>

                        <DELETED>construction</DELETED>

    <DELETED>    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.</DELETED>

              <DELETED>land and water conservation fund</DELETED>

                        <DELETED>(rescission)</DELETED>

    <DELETED>    The contract authority provided for fiscal year 2010 by 16
    U.S.C. 460l-10a is rescinded.</DELETED>

            <DELETED>land acquisition and state assistance</DELETED>

    <DELETED>    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.</DELETED>

                  <DELETED>administrative provisions</DELETED>

    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>

               <DELETED>United States Geological Survey</DELETED>

            <DELETED>surveys, investigations, and research</DELETED>

    <DELETED>    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.</DELETED>

                  <DELETED>administrative provisions</DELETED>

    <DELETED>    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.</DELETED>

                 <DELETED>Minerals Management Service</DELETED>

          <DELETED>royalty and offshore minerals management</DELETED>

    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>

                     <DELETED>oil spill research</DELETED>

    <DELETED>    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.</DELETED>

                  <DELETED>administrative provision</DELETED>

    <DELETED>    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.</DELETED>

    <DELETED>Office of Surface Mining Reclamation and Enforcement</DELETED>

                  <DELETED>regulation and technology</DELETED>

    <DELETED>    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.</DELETED>

               <DELETED>abandoned mine reclamation fund</DELETED>

    <DELETED>    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.</DELETED>

                  <DELETED>administrative provision</DELETED>

    <DELETED>    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.</DELETED>

                  <DELETED>Bureau of Indian Affairs</DELETED>

                <DELETED>operation of indian programs</DELETED>

                <DELETED>(including transfer of funds)</DELETED>

    <DELETED>    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.</DELETED>

                        <DELETED>construction</DELETED>

                <DELETED>(including transfer of funds)</DELETED>

    <DELETED>    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.</DELETED>

      <DELETED>indian land and water claim settlements and miscellaneous
                         payments to indians</DELETED>

    <DELETED>    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.</DELETED>

           <DELETED>indian guaranteed loan program account</DELETED>

    <DELETED>    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.</DELETED>

                  <DELETED>indian land consolidation</DELETED>

    <DELETED>    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.</DELETED>

                  <DELETED>administrative provisions</DELETED>

    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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).</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>

                    <DELETED>Departmental Offices</DELETED>

                   <DELETED>Office of the Secretary</DELETED>

                    <DELETED>salaries and expenses</DELETED>

    <DELETED>    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.</DELETED>

                       <DELETED>Insular Affairs</DELETED>

                  <DELETED>assistance to territories</DELETED>

    <DELETED>    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).</DELETED>

                 <DELETED>compact of free association</DELETED>

    <DELETED>    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.</DELETED>

                  <DELETED>Administrative Provisions</DELETED>

                <DELETED>(including transfer of funds)</DELETED>

    <DELETED>    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.</DELETED>

                   <DELETED>Office of the Solicitor</DELETED>

                    <DELETED>salaries and expenses</DELETED>

    <DELETED>    For necessary expenses of the Office of the Solicitor,
    $65,076,000.</DELETED>

                 <DELETED>Office of Inspector General</DELETED>

                    <DELETED>salaries and expenses</DELETED>

    <DELETED>    For necessary expenses of the Office of Inspector General,
    $48,590,000.</DELETED>

     <DELETED>Office of the Special Trustee for American Indians</DELETED>

                   <DELETED>federal trust programs</DELETED>

                <DELETED>(including transfer of funds)</DELETED>

    <DELETED>    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.</DELETED>

                  <DELETED>Department-Wide Programs</DELETED>

                  <DELETED>wildland fire management</DELETED>

               <DELETED>(including transfers of funds)</DELETED>

    <DELETED>    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.</DELETED>

     <DELETED>Wildland Fire Suppression Contingency Reserve Fund</DELETED>

                <DELETED>(including transfer of funds)</DELETED>

    <DELETED>    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.</DELETED>

              <DELETED>central hazardous materials fund</DELETED>

    <DELETED>    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''.</DELETED>

     <DELETED>natural resource damage assessment and restoration</DELETED>

           <DELETED>natural resource damage assessment fund</DELETED>

    <DELETED>    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.</DELETED>

                    <DELETED>working capital fund</DELETED>

    <DELETED>    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.</DELETED>

                  <DELETED>administrative provisions</DELETED>

    <DELETED>    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.</DELETED>

       <DELETED>General Provisions, Department of the Interior</DELETED>

               <DELETED>(including transfers of funds)</DELETED>

    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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''.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    (b) Fees for 2010 shall be--</DELETED>
            <DELETED>    (1) $2,000 for facilities with no wells, but with
            processing equipment or gathering lines;</DELETED>
            <DELETED>    (2) $3,250 for facilities with one to ten wells,
            with any combination of active or inactive wells; and</DELETED>
            <DELETED>    (3) $6,000 for facilities with more than ten
            wells, with any combination of active or inactive
            wells.</DELETED>
    <DELETED>    (c) MMS will bill designated operators within 60 days of
    enactment of this bill, with payment required within 30 days of
    billing.</DELETED>
    <DELETED>    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''.</DELETED>
    <DELETED>    Sec. 116.  Section 1(c)(2) of Public Law 109-441 is
    amended by adding after subparagraph (D) the following new
    subparagraphs:</DELETED>
                    <DELETED>    ``(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.</DELETED>
                    <DELETED>    ``(F) Heart Mountain, depicted in Figure
                    6.3 of the Site Document.''.</DELETED>

          <DELETED>TITLE II--ENVIRONMENTAL PROTECTION AGENCY</DELETED>

                   <DELETED>Science and Technology</DELETED>

    <DELETED>    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.</DELETED>

            <DELETED>Environmental Programs and Management</DELETED>

    <DELETED>    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.</DELETED>

                 <DELETED>Office of Inspector General</DELETED>

    <DELETED>    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.</DELETED>

                  <DELETED>Buildings and Facilities</DELETED>

    <DELETED>    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.</DELETED>

                <DELETED>Hazardous Substance Superfund</DELETED>

               <DELETED>(including transfers of funds)</DELETED>

    <DELETED>    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.</DELETED>

     <DELETED>Leaking Underground Storage Tank Trust Fund Program</DELETED>

    <DELETED>    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.</DELETED>

                     <DELETED>Oil Spill Response</DELETED>

    <DELETED>    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.</DELETED>

             <DELETED>State and Tribal Assistance Grants</DELETED>

    <DELETED>    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.</DELETED>

         <DELETED>Administrative Provisions, Environmental Protection
                                Agency</DELETED>

        <DELETED>(including transfer and rescission of funds)</DELETED>

    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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''.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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).</DELETED>

                 <DELETED>TITLE III--RELATED AGENCIES</DELETED>

                  <DELETED>DEPARTMENT OF AGRICULTURE</DELETED>

                       <DELETED>Forest Service</DELETED>

                <DELETED>forest and rangeland research</DELETED>

    <DELETED>    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.</DELETED>

                 <DELETED>State and Private Forestry</DELETED>

    <DELETED>    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.</DELETED>

                   <DELETED>national forest system</DELETED>

               <DELETED>(including transfers of funds)</DELETED>

    <DELETED>    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.</DELETED>

             <DELETED>capital improvement and maintenance</DELETED>

                <DELETED>(including transfer of funds)</DELETED>

    <DELETED>    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.</DELETED>

                      <DELETED>land acquisition</DELETED>

    <DELETED>    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.</DELETED>

          <DELETED>acquisition of lands for national forests special
                                 acts</DELETED>

    <DELETED>    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.</DELETED>

       <DELETED>acquisition of lands to complete land exchanges</DELETED>

    <DELETED>    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).</DELETED>

                    <DELETED>range betterment fund</DELETED>

    <DELETED>    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.</DELETED>

        <DELETED>gifts, donations and bequests for forest and rangeland
                               research</DELETED>

    <DELETED>    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.</DELETED>

         <DELETED>management of national forest lands for subsistence
                                 uses</DELETED>

    <DELETED>    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.</DELETED>

                  <DELETED>wildland fire management</DELETED>

               <DELETED>(including transfers of funds)</DELETED>

    <DELETED>    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.</DELETED>

     <DELETED>Wildland Fire Suppression Contingency Reserve Fund</DELETED>

                <DELETED>(including transfer of funds)</DELETED>

    <DELETED>    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.</DELETED>

          <DELETED>administrative provisions, forest service</DELETED>

    <DELETED>    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).</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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)).</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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)).</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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''.</DELETED>

           <DELETED>DEPARTMENT OF HEALTH AND HUMAN SERVICES</DELETED>

                    <DELETED>Indian Health Service</DELETED>

                   <DELETED>indian health services</DELETED>

    <DELETED>    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.</DELETED>

                  <DELETED>indian health facilities</DELETED>

    <DELETED>    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.</DELETED>

      <DELETED>administrative provisions, indian health service</DELETED>

    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    The appropriation structure for the Indian Health Service
    may not be altered without advance notification to the House and Senate
    Committees on Appropriations.</DELETED>

                <DELETED>National Institutes of Health</DELETED>

     <DELETED>national institute of environmental health sciences</DELETED>

    <DELETED>    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.</DELETED>

      <DELETED>Agency for Toxic Substances and Disease Registry</DELETED>

      <DELETED>toxic substances and environmental public health</DELETED>

    <DELETED>    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.</DELETED>

                   <DELETED>OTHER RELATED AGENCIES</DELETED>

              <DELETED>Executive Office of the President</DELETED>

     <DELETED>council on environmental quality and office of environmental
                               quality</DELETED>

    <DELETED>    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.</DELETED>

       <DELETED>Chemical Safety and Hazard Investigation Board</DELETED>

                    <DELETED>salaries and expenses</DELETED>

                <DELETED>(including transfer of funds)</DELETED>

    <DELETED>    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.</DELETED>

         <DELETED>Office of Navajo and Hopi Indian Relocation</DELETED>

                    <DELETED>salaries and expenses</DELETED>

    <DELETED>    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.</DELETED>

      <DELETED>Institute of American Indian and Alaska Native Culture and
                           Arts Development</DELETED>

                  <DELETED>payment to the institute</DELETED>

    <DELETED>    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.</DELETED>

                   <DELETED>Smithsonian Institution</DELETED>

                    <DELETED>salaries and expenses</DELETED>

    <DELETED>    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.</DELETED>

                     <DELETED>facilities capital</DELETED>

    <DELETED>    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.</DELETED>

      <DELETED>administrative provision, smithsonian institution</DELETED>

    <DELETED>    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.</DELETED>

                   <DELETED>National Gallery of Art</DELETED>

                    <DELETED>salaries and expenses</DELETED>

    <DELETED>    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.</DELETED>

       <DELETED>repair, restoration and renovation of buildings</DELETED>

    <DELETED>    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.</DELETED>

       <DELETED>John F. Kennedy Center for the Performing Arts</DELETED>

                 <DELETED>operations and maintenance</DELETED>

    <DELETED>    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.</DELETED>

               <DELETED>capital repair and restoration</DELETED>

    <DELETED>    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.</DELETED>

      <DELETED>Woodrow Wilson International Center for Scholars</DELETED>

                    <DELETED>salaries and expenses</DELETED>

    <DELETED>    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.</DELETED>

     <DELETED>National Foundation on the Arts and the Humanities</DELETED>

               <DELETED>National Endowment for the Arts</DELETED>

                  <DELETED>grants and administration</DELETED>

    <DELETED>    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.</DELETED>

            <DELETED>National Endowment for the Humanities</DELETED>

                  <DELETED>grants and administration</DELETED>

    <DELETED>    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.</DELETED>

                  <DELETED>administrative provision</DELETED>

    <DELETED>    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.</DELETED>

                   <DELETED>Commission of Fine Arts</DELETED>

                    <DELETED>salaries and expenses</DELETED>

    <DELETED>    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.</DELETED>

         <DELETED>national capital arts and cultural affairs</DELETED>

    <DELETED>    For necessary expenses as authorized by Public Law 99-190
    (20 U.S.C. 956a), as amended, $10,000,000.</DELETED>

          <DELETED>Advisory Council on Historic Preservation</DELETED>

                    <DELETED>salaries and expenses</DELETED>

    <DELETED>    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.</DELETED>

            <DELETED>National Capital Planning Commission</DELETED>

                    <DELETED>salaries and expenses</DELETED>

    <DELETED>    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.</DELETED>

           <DELETED>United States Holocaust Memorial Museum</DELETED>

                  <DELETED>holocaust memorial museum</DELETED>

    <DELETED>    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.</DELETED>

                       <DELETED>Presidio Trust</DELETED>

                     <DELETED>presidio trust fund</DELETED>

    <DELETED>    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.</DELETED>

          <DELETED>Dwight D. Eisenhower Memorial Commission</DELETED>

                    <DELETED>salaries and expenses</DELETED>

    <DELETED>    For necessary expenses, including the costs of
    construction design, of the Dwight D. Eisenhower Memorial Commission,
    $2,000,000 to remain available until expended.</DELETED>

                    <DELETED>capital construction</DELETED>

    <DELETED>    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.</DELETED>

                <DELETED>TITLE IV--GENERAL PROVISIONS</DELETED>

               <DELETED>(including transfers of funds)</DELETED>

    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (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).</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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--</DELETED>
            <DELETED>    (1) in the first sentence of subsection (b)(1)(C),
            by striking ``14'' and inserting in lieu thereof ``18'';
            and</DELETED>
            <DELETED>    (2) in the second sentence of subsection (d)(1),
            by striking ``Eight'' and inserting in lieu thereof
            ``Ten''.</DELETED>
    <DELETED>    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--</DELETED>
            <DELETED>    (1) in the second sentence of the first paragraph,
            by striking ``$7,500,000'' and inserting ``$10,000,000'';
            and</DELETED>
            <DELETED>    (2) in the second sentence of the fourth
            paragraph, by striking ``$500,000'' and inserting
            ``$650,000''.</DELETED>
    <DELETED>    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''.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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).</DELETED>
    <DELETED>    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''.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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--</DELETED>
            <DELETED>    (1) in paragraph (2)(B), by striking ``; and'' and
            inserting a semicolon;</DELETED>
            <DELETED>    (2) in paragraph (3), by striking the period and
            inserting ``; and''; and</DELETED>
            <DELETED>    (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.''.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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).</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (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:</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (2) The costs associated with not transferring the
            individual in question.</DELETED>
            <DELETED>    (3) The legal rationale and associated court
            demands for transfer.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>
    <DELETED>    (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:</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>     This Act may be cited as the ``Department of the
    Interior, Environment, and Related Agencies Appropriations Act,
    2010''.</DELETED>
    That the following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, for the Department of the
    Interior, environment, and related agencies for the fiscal year ending
    September 30, 2010, and for other purposes, namely:

                                    TITLE I

                           DEPARTMENT OF THE INTERIOR

                           Bureau of Land Management

                       management of lands and resources

        For necessary expenses for protection, use, improvement,
    development, disposal, cadastral surveying, classification, acquisition
    of easements and other interests in lands, and performance of other
    functions, including maintenance of facilities, as authorized by law,
    in the management of lands and their resources under the jurisdiction
    of the Bureau of Land Management, including the general administration
    of the Bureau, and assessment of mineral potential of public lands
    pursuant to Public Law 96-487 (16 U.S.C. 3150(a)), $965,721,000, to
    remain available until expended, of which not to exceed $69,336,000 is
    available for oil and gas management; and of which $1,500,000 is for
    high priority projects, to be carried out by the Youth Conservation
    Corps; and of which $3,000,000 shall be available in fiscal year 2010
    subject to a match by at least an equal amount by the National Fish and
    Wildlife Foundation for cost-shared projects supporting conservation of
    Bureau lands; and such funds shall be advanced to the Foundation as a
    lump sum grant without regard to when expenses are incurred.
        In addition, $45,500,000 is for the processing of applications for
    permit to drill and related use authorizations, to remain available
    until expended, to be reduced by amounts collected by the Bureau and
    credited to this appropriation that shall be derived from $6,500 per
    new application for permit to drill that the Bureau shall collect upon
    submission of each new application, and in addition, $36,696,000 is for
    Mining Law Administration program operations, including the cost of
    administering the mining claim fee program; to remain available until
    expended, to be reduced by amounts collected by the Bureau and credited
    to this appropriation from annual mining claim fees so as to result in
    a final appropriation estimated at not more than $965,721,000, and
    $2,000,000, to remain available until expended, from communication site
    rental fees established by the Bureau for the cost of administering
    communication site activities.

                                  construction

        For construction of buildings, recreation facilities, roads,
    trails, and appurtenant facilities, $8,626,000, to remain available
    until expended.

                                land acquisition

        For expenses necessary to carry out sections 205, 206, and 318(d)
    of Public Law 94-579, including administrative expenses and acquisition
    of lands or waters, or interests therein, $28,650,000, to be derived
    from the Land and Water Conservation Fund and to remain available until
    expended: Provided, That, notwithstanding the joint explanatory
    statement of the Committee on Appropriations of the House of
    Representatives accompanying Public Law 111-8 (123 Stat. 524), the
    amount of $2,000,000 made available for the Henry's Lake ACEC in the
    State of Idaho (as described in the table entitled ``Congressionally
    Designated Spending'' contained in section 430 of that joint
    explanatory statement) shall be made available for the Upper Snake/
    South Fork River ACEC/SRMA in the State of Idaho.

                       oregon and california grant lands

        For expenses necessary for management, protection, and development
    of resources and for construction, operation, and maintenance of access
    roads, reforestation, and other improvements on the revested Oregon and
    California Railroad grant lands, on other Federal lands in the Oregon
    and California land-grant counties of Oregon, and on adjacent rights-
    of-way; and acquisition of lands or interests therein, including
    existing connecting roads on or adjacent to such grant lands;
    $111,557,000, to remain available until expended: Provided, That 25
    percent of the aggregate of all receipts during the current fiscal year
    from the revested Oregon and California Railroad grant lands is hereby
    made a charge against the Oregon and California land-grant fund and
    shall be transferred to the General Fund in the Treasury in accordance
    with the second paragraph of subsection (b) of title II of the Act of
    August 28, 1937 (50 Stat. 876).

                   forest ecosystem health and recovery fund

                       (revolving fund, special account)

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

                               range improvements

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

                   service charges, deposits, and forfeitures

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

                           miscellaneous trust funds

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

                           administrative provisions

        The Bureau of Land Management may carry out the operations funded
    under this Act by direct expenditure, contracts, grants, cooperative
    agreements and reimbursable agreements with public and private
    entities. Projects funded pursuant to a written commitment by a State
    government to provide an identified amount of money in support of the
    project may be carried out by the bureau upon receipt of the written
    commitment. Appropriations for the Bureau of Land Management (BLM)
    shall be available for purchase, erection, and dismantlement of
    temporary structures, and alteration and maintenance of necessary
    buildings and appurtenant facilities to which the United States has
    title; up to $100,000 for payments, at the discretion of the Secretary,
    for information or evidence concerning violations of laws administered
    by the Bureau; miscellaneous and emergency expenses of enforcement
    activities authorized or approved by the Secretary and to be accounted
    for solely on the Secretary's certificate, not to exceed $10,000:
    Provided, That notwithstanding 44 U.S.C. 501, the Bureau may, under
    cooperative cost-sharing and partnership arrangements authorized by
    law, procure printing services from cooperators in connection with
    jointly produced publications for which the cooperators share the cost
    of printing either in cash or in services, and the Bureau determines
    the cooperator is capable of meeting accepted quality standards:
    Provided further, That projects to be funded pursuant to a written
    commitment by a State government to provide an identified amount of
    money in support of the project may be carried out by the Bureau on a
    reimbursable basis. Appropriations herein made shall not be available
    for the destruction of healthy, unadopted, wild horses and burros in
    the care of the Bureau of Land Management or its contractors or for the
    sale of wild horses and burros that results in their destruction for
    processing into commercial products.

                    United States Fish and Wildlife Service

                              resource management

        For necessary expenses of the United States Fish and Wildlife
    Service, as authorized by law, and for scientific and economic studies,
    general administration, and for the performance of other authorized
    functions related to such resources, $1,244,386,000, to remain
    available until September 30, 2011 except as otherwise provided herein:
    Provided, That $2,500,000 is for high priority projects, which shall be
    carried out by the Youth Conservation Corps: Provided further, That not
    to exceed $22,103,000 shall be used for implementing subsections (a),
    (b), (c), and (e) of section 4 of the Endangered Species Act, as
    amended, (except for processing petitions, developing and issuing
    proposed and final regulations, and taking any other steps to implement
    actions described in subsection (c)(2)(A), (c)(2)(B)(i), or
    (c)(2)(B)(ii)), of which not to exceed $11,632,000 shall be used for
    any activity regarding the designation of critical habitat, pursuant to
    subsection (a)(3), excluding litigation support, for species listed
    pursuant to subsection (a)(1) prior to October 1, 2009: Provided
    further, That of the amount available for law enforcement, up to
    $400,000, to remain available until expended, may at the discretion of
    the Secretary be used for payment for information, rewards, or evidence
    concerning violations of laws administered by the Service, and
    miscellaneous and emergency expenses of enforcement activity,
    authorized or approved by the Secretary and to be accounted for solely
    on the Secretary's certificate: Provided further, That of the amount
    provided for environmental contaminants, up to $1,000,000 may remain
    available until expended for contaminant sample analyses.

                                  construction

        For construction, improvement, acquisition, or removal of buildings
    and other facilities required in the conservation, management,
    investigation, protection, and utilization of fishery and wildlife
    resources, and the acquisition of lands and interests therein;
    $39,741,000, to remain available until expended.

                                land acquisition

        For expenses necessary to carry out the Land and Water Conservation
    Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
    administrative expenses, and for acquisition of land or waters, or
    interest therein, in accordance with statutory authority applicable to
    the United States Fish and Wildlife Service, $82,790,000, to be derived
    from the Land and Water Conservation Fund and to remain available until
    expended, of which, notwithstanding 16 U.S.C. 460l-9, not more than
    $1,500,000 shall be for land conservation partnerships authorized by
    the Highlands Conservation Act of 2004: Provided, That none of the
    funds appropriated for specific land acquisition projects can be used
    to pay for any administrative overhead, planning or other management
    costs.

                cooperative endangered species conservation fund

        For expenses necessary to carry out section 6 of the Endangered
    Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended, $85,001,000,
    to remain available until expended, of which $30,307,000 is to be
    derived from the Cooperative Endangered Species Conservation Fund, of
    which $5,146,000 shall be for the Idaho Salmon and Clearwater River
    Basins Habitat Account pursuant to the Snake River Water Rights Act of
    2004; and of which $54,694,000 is to be derived from the Land and Water
    Conservation Fund.

                         national wildlife refuge fund

        For expenses necessary to implement the Act of October 17, 1978 (16
    U.S.C. 715s), $14,500,000.

                   north american wetlands conservation fund

        For expenses necessary to carry out the provisions of the North
    American Wetlands Conservation Act, as amended (16 U.S.C. 4401-4414),
    $45,147,000, to remain available until expended.

                    neotropical migratory bird conservation

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

                    multinational species conservation fund

        For expenses necessary to carry out the African Elephant
    Conservation Act (16 U.S.C. 4201-4203, 4211-4214, 4221-4225, 4241-4246,
    and 1538), the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4261-
    4266), the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C.
    5301-5306), the Great Ape Conservation Act of 2000 (16 U.S.C. 6301-
    6305), and the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601-
    6606), $11,500,000, to remain available until expended.

                        state and tribal wildlife grants

        For wildlife conservation grants to States and to the District of
    Columbia, Puerto Rico, Guam, the United States Virgin Islands, the
    Northern Mariana Islands, American Samoa, and Indian tribes under the
    provisions of the Fish and Wildlife Act of 1956 and the Fish and
    Wildlife Coordination Act, for the development and implementation of
    programs for the benefit of wildlife and their habitat, including
    species that are not hunted or fished, $80,000,000, to remain available
    until expended: Provided, That of the amount provided herein,
    $7,000,000 is for a competitive grant program for Indian tribes not
    subject to the remaining provisions of this appropriation: Provided
    further, That $5,000,000 is for a competitive grant program for States,
    territories, and other jurisdictions with approved plans, not subject
    to the remaining provisions of this appropriation: Provided further,
    That the Secretary shall, for fiscal year 2010 and each fiscal year
    thereafter, after deducting $12,000,000 and administrative expenses,
    apportion the amount provided herein in the following manner: (1) to
    the District of Columbia and to the Commonwealth of Puerto Rico, each a
    sum equal to not more than one-half of 1 percent thereof; and (2) to
    Guam, American Samoa, the United States Virgin Islands, and the
    Commonwealth of the Northern Mariana Islands, each a sum equal to not
    more than one-fourth of 1 percent thereof: Provided further, That the
    Secretary shall, for fiscal year 2010 and each fiscal year thereafter,
    apportion the remaining amount in the following manner: (1) one-third
    of which is based on the ratio to which the land area of such State
    bears to the total land area of all such States; and (2) two-thirds of
    which is based on the ratio to which the population of such State bears
    to the total population of all such States: Provided further, That the
    amounts apportioned under this paragraph shall be adjusted equitably so
    that no State shall, for fiscal year 2010 and each fiscal year
    thereafter, be apportioned a sum which is less than 1 percent of the
    amount available for apportionment under this paragraph for any fiscal
    year or more than 5 percent of such amount: Provided further, That the
    Federal share of planning grants shall not, for fiscal year 2010 and
    each fiscal year thereafter, exceed 75 percent of the total costs of
    such projects and the Federal share of implementation grants shall not,
    for fiscal year 2010 and each fiscal year thereafter, exceed 50 percent
    of the total costs of such projects: Provided further, That the non-
    Federal share of such projects may not be derived from Federal grant
    programs: Provided further, That any amount apportioned in 2010 to any
    State, territory, or other jurisdiction that remains unobligated as of
    September 30, 2011, shall be reapportioned, together with funds
    appropriated in 2012, in the manner provided herein.

                           administrative provisions

        The Fish and Wildlife Service may carry out the operations of
    Service programs by direct expenditure, contracts, grants, cooperative
    agreements and reimbursable agreements with public and private
    entities. Appropriations and funds available to the United States Fish
    and Wildlife Service shall be available for repair of damage to public
    roads within and adjacent to reservation areas caused by operations of
    the Service; options for the purchase of land at not to exceed $1 for
    each option; facilities incident to such public recreational uses on
    conservation areas as are consistent with their primary purpose; and
    the maintenance and improvement of aquaria, buildings, and other
    facilities under the jurisdiction of the Service and to which the
    United States has title, and which are used pursuant to law in
    connection with management, and investigation of fish and wildlife
    resources: Provided, That notwithstanding 44 U.S.C. 501, the Service
    may, under cooperative cost sharing and partnership arrangements
    authorized by law, procure printing services from cooperators in
    connection with jointly produced publications for which the cooperators
    share at least one-half the cost of printing either in cash or services
    and the Service determines the cooperator is capable of meeting
    accepted quality standards: Provided further, That the Service may
    accept donated aircraft as replacements for existing aircraft.

                             National Park Service

                     operation of the national park system

        For expenses necessary for the management, operation, and
    maintenance of areas and facilities administered by the National Park
    Service (including expenses to carry out programs of the United States
    Park Police), and for the general administration of the National Park
    Service, $2,261,309,000, of which $9,982,000 for planning and
    interagency coordination in support of Everglades restoration and
    $99,622,000 for maintenance, repair or rehabilitation projects for
    constructed assets, operation of the National Park Service automated
    facility management software system, and comprehensive facility
    condition assessments shall remain available until September 30, 2011.

                      national recreation and preservation

        For expenses necessary to carry out recreation programs, natural
    programs, cultural programs, heritage partnership programs,
    environmental compliance and review, international park affairs,
    statutory or contractual aid for other activities, and grant
    administration, not otherwise provided for, $67,438,000, of which
    $3,175,000 shall be for Preserve America grants as authorized by
    section 7302 of the Omnibus Public Land Management Act of 2009 (Public
    Law 111-11).

                           historic preservation fund

        For expenses necessary in carrying out the Historic Preservation
    Act of 1966, as amended (16 U.S.C. 470), and the Omnibus Parks and
    Public Lands Management Act of 1996 (Public Law 104-333), $74,500,000,
    to be derived from the Historic Preservation Fund and to remain
    available until September 30, 2011; of which $20,000,000 shall be for
    Save America's Treasures grants as authorized by section 7303 of the
    Omnibus Public Land Management Act of 2009 (Public Law 111-11) of which
    $200,000 may be made available by the Secretary of the Interior to
    develop, in conjunction with Morehouse College, a program to catalogue,
    preserve, provide public access to and research on, develop curriculum
    and courses based on, provide public access to, and conduct scholarly
    forums on the important works and papers of Dr. Martin Luther King, Jr.
    to provide a better understanding of the message and teachings of Dr.
    Martin Luther King, Jr..

                                  construction

        For construction, improvements, repair or replacement of physical
    facilities, including a portion of the expense for the modifications
    authorized by section 104 of the Everglades National Park Protection
    and Expansion Act of 1989, $219,731,000, to remain available until
    expended.

                        land and water conservation fund

                                  (rescission)

        The contract authority provided for fiscal year 2010 by 16 U.S.C.
    460l-10a is rescinded.

                     land acquisition and state assistance

        For expenses necessary to carry out the Land and Water Conservation
    Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
    administrative expenses, and for acquisition of lands or waters, or
    interest therein, in accordance with the statutory authority applicable
    to the National Park Service, $118,586,000, to be derived from the Land
    and Water Conservation Fund and to remain available until expended, of
    which $35,000,000 is for the State assistance program and of which
    $4,000,000 shall be for the American Battlefield Protection Program
    grants as authorized by section 7301 of the Omnibus Public Land
    Management Act of 2009 (Public Law 111-11).

                           administrative provisions

                         (including transfer of funds)

        In addition to other uses set forth in section 407(d) of Public Law
    105-391, franchise fees credited to a sub-account shall be available
    for expenditure by the Secretary, without further appropriation, for
    use at any unit within the National Park System to extinguish or reduce
    liability for Possessory Interest or leasehold surrender interest. Such
    funds may only be used for this purpose to the extent that the
    benefiting unit anticipated franchise fee receipts over the term of the
    contract at that unit exceed the amount of funds used to extinguish or
    reduce liability. Franchise fees at the benefiting unit shall be
    credited to the sub-account of the originating unit over a period not
    to exceed the term of a single contract at the benefiting unit, in the
    amount of funds so expended to extinguish or reduce liability.
        For the costs of administration of the Land and Water Conservation
    Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico
    Energy Security Act of 2006 (Public Law 109-432), the National Park
    Service may retain up to 3 percent of the amounts which are authorized
    to be disbursed under such section, such retained amounts to remain
    available until expended.
        National Park Service funds may be transferred to the Federal
    Highway Administration (FHWA), Department of Transportation, for
    purposes authorized under 23 U.S.C. 204. Transfers may include a
    reasonable amount for FHWA administrative support costs.

                        United States Geological Survey

                     surveys, investigations, and research

        For expenses necessary for the United States Geological Survey to
    perform surveys, investigations, and research covering topography,
    geology, hydrology, biology, and the mineral and water resources of the
    United States, its territories and possessions, and other areas as
    authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their
    mineral and water resources; give engineering supervision to power
    permittees and Federal Energy Regulatory Commission licensees;
    administer the minerals exploration program (30 U.S.C. 641); conduct
    inquiries into the economic conditions affecting mining and materials
    processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1))
    and related purposes as authorized by law; and to publish and
    disseminate data relative to the foregoing activities; $1,104,340,000,
    to remain available until September 30, 2011, of which $65,561,000
    shall be available only for cooperation with States or municipalities
    for water resources investigations; of which $40,150,000 shall remain
    available until expended for satellite operations; and of which
    $7,321,000 shall be available until expended for deferred maintenance
    and capital improvement projects that exceed $100,000 in cost:
    Provided, That none of the funds provided for the biological research
    activity shall be used to conduct new surveys on private property,
    unless specifically authorized in writing by the property owner:
    Provided further, That no part of this appropriation shall be used to
    pay more than one-half the cost of topographic mapping or water
    resources data collection and investigations carried on in cooperation
    with States and municipalities.

                           administrative provisions

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

                          Minerals Management Service

                    royalty and offshore minerals management

        For expenses necessary for minerals leasing and environmental
    studies, regulation of industry operations, and collection of
    royalties, as authorized by law; for enforcing laws and regulations
    applicable to oil, gas, and other minerals leases, permits, licenses
    and operating contracts; for energy-related or other authorized marine-
    related purposes on the Outer Continental Shelf; and for matching
    grants or cooperative agreements, $175,217,000, to remain available
    until September 30, 2011, of which $89,374,000 shall be available for
    royalty management activities; and an amount not to exceed
    $156,730,000, to be credited to this appropriation and to remain
    available until expended, from additions to receipts resulting from
    increases to rates in effect on August 5, 1993, and from cost recovery
    fees: Provided, That notwithstanding 31 U.S.C. 3302, in fiscal year
    2010, such amounts as are assessed under 31 U.S.C. 9701 shall be
    collected and credited to this account and shall be available until
    expended for necessary expenses: Provided further, That to the extent
    $156,730,000 in addition to receipts are not realized from the sources
    of receipts stated above, the amount needed to reach $156,730,000 shall
    be credited to this appropriation from receipts resulting from rental
    rates for Outer Continental Shelf leases in effect before August 5,
    1993: Provided further, That the term ``qualified Outer Continental
    Shelf revenues'', as defined in section 102(9)(A) of the Gulf of Mexico
    Energy Security Act, division C of Public Law 109-432, shall include
    only the portion of rental revenues that would have been collected at
    the rental rates in effect before August 5, 1993: Provided further,
    That not to exceed $3,000 shall be available for reasonable expenses
    related to promoting volunteer beach and marine cleanup activities:
    Provided further, That notwithstanding any other provision of law,
    $15,000 under this heading shall be available for refunds of
    overpayments in connection with certain Indian leases in which the
    Director of MMS concurred with the claimed refund due, to pay amounts
    owed to Indian allottees or tribes, or to correct prior unrecoverable
    erroneous payments: Provided further, That for the costs of
    administration of the Coastal Impact Assistance Program authorized by
    section 31 of the Outer Continental Shelf Lands Act, as amended (43
    U.S.C. 1456a), MMS in fiscal year 2010 may retain up to 4 percent of
    the amounts which are disbursed under section 31(b)(1), such retained
    amounts to remain available until expended.
        For an additional amount, $10,000,000, to remain available until
    expended, which shall be derived from non-refundable inspection fees
    collected in fiscal year 2010, as provided in this Act: Provided, That
    to the extent that such amounts are not realized from such fees, the
    amount needed to reach $10,000,000 shall be credited to this
    appropriation from receipts resulting from rental rates for Outer
    Continental Shelf leases in effect before August 5, 1993.

                               oil spill research

        For necessary expenses to carry out title I, section 1016, title
    IV, sections 4202 and 4303, title VII, and title VIII, section 8201 of
    the Oil Pollution Act of 1990, $6,303,000, which shall be derived from
    the Oil Spill Liability Trust Fund, to remain available until expended.

                            administrative provision

        Notwithstanding the provisions of section 35(b) of the Mineral
    Leasing Act, as amended (30 U.S.C. 191(b)), the Secretary shall deduct
    2 percent from the amount payable to each State in fiscal year 2010 and
    deposit the amount deducted to miscellaneous receipts of the Treasury.

              Office of Surface Mining Reclamation and Enforcement

                           regulation and technology

        For necessary expenses to carry out the provisions of the Surface
    Mining Control and Reclamation Act of 1977, Public Law 95-87, as
    amended, $127,180,000, to remain available until September 30, 2011:
    Provided, That appropriations for the Office of Surface Mining
    Reclamation and Enforcement may provide for the travel and per diem
    expenses of State and tribal personnel attending Office of Surface
    Mining Reclamation and Enforcement sponsored training.

                        abandoned mine reclamation fund

        For necessary expenses to carry out title IV of the Surface Mining
    Control and Reclamation Act of 1977, Public Law 95-87, as amended,
    $39,588,000, to be derived from receipts of the Abandoned Mine
    Reclamation Fund and to remain available until expended: Provided, That
    pursuant to Public Law 97-365, the Department of the Interior is
    authorized to use up to 20 percent from the recovery of the delinquent
    debt owed to the United States Government to pay for contracts to
    collect these debts: Provided further, That funds made available under
    title IV of Public Law 95-87 may be used for any required non-Federal
    share of the cost of projects funded by the Federal Government for the
    purpose of environmental restoration related to treatment or abatement
    of acid mine drainage from abandoned mines: Provided further, That such
    projects must be consistent with the purposes and priorities of the
    Surface Mining Control and Reclamation Act: Provided further, That
    amounts provided under this heading may be used for the travel and per
    diem expenses of State and tribal personnel attending Office of Surface
    Mining Reclamation and Enforcement sponsored training.

                            administrative provision

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

                            Bureau of Indian Affairs

                          operation of indian programs

                         (including transfer of funds)

        For expenses necessary for the operation of Indian programs, as
    authorized by law, including the Snyder Act of November 2, 1921 (25
    U.S.C. 13), the Indian Self-Determination and Education Assistance Act
    of 1975 (25 U.S.C. 450 et seq.), as amended, the Education Amendments
    of 1978 (25 U.S.C. 2001-2019), and the Tribally Controlled Schools Act
    of 1988 (25 U.S.C. 2501 et seq.), as amended, $2,309,322,000, to remain
    available until September 30, 2011 except as otherwise provided herein;
    of which not to exceed $8,500 may be for official reception and
    representation expenses; of which not to exceed $74,915,000 shall be
    for welfare assistance payments: Provided, That in cases of designated
    Federal disasters, the Secretary may exceed such cap, from the amounts
    provided herein, to provide for disaster relief to Indian communities
    affected by the disaster; of which, notwithstanding any other provision
    of law, including but not limited to the Indian Self-Determination Act
    of 1975, as amended, not to exceed $154,794,000 shall be available for
    payments for contract support costs associated with ongoing contracts,
    grants, compacts, or annual funding agreements entered into with the
    Bureau prior to or during fiscal year 2010, as authorized by such Act,
    except that tribes and tribal organizations may use their tribal
    priority allocations for unmet contract support costs of ongoing
    contracts, grants, or compacts, or annual funding agreements and for
    unmet welfare assistance costs; of which not to exceed $566,702,000 for
    school operations costs of Bureau-funded schools and other education
    programs shall become available on July 1, 2010, and shall remain
    available until September 30, 2011; of which $25,000,000 shall be for
    public safety and justice programs as authorized by the Emergency Fund
    for Indian Safety and Health, established by section 601 of Public Law
    110-293 (25 U.S.C. 443c); and of which not to exceed $60,958,000 shall
    remain available until expended for housing improvement, road
    maintenance, attorney fees, litigation support, the Indian Self-
    Determination Fund, land records improvement, and the Navajo-Hopi
    Settlement Program: Provided further, That notwithstanding any other
    provision of law, including but not limited to the Indian Self-
    Determination Act of 1975, as amended, and 25 U.S.C. 2008, not to
    exceed $43,373,000 within and only from such amounts made available for
    school operations shall be available for administrative cost grants
    associated with ongoing grants entered into with the Bureau prior to or
    during fiscal year 2009 for the operation of Bureau-funded schools, and
    up to $500,000 within and only from such amounts made available for
    administrative cost grants shall be available for the transitional
    costs of initial administrative cost grants to grantees that assume
    operation on or after July 1, 2009, of Bureau-funded schools: Provided
    further, That any forestry funds allocated to a tribe which remain
    unobligated as of September 30, 2011, may be transferred during fiscal
    year 2012 to an Indian forest land assistance account established for
    the benefit of the holder of the funds within the holder's trust fund
    account: Provided further, That any such unobligated balances not so
    transferred shall expire on September 30, 2012: Provided further, That
    in order to enhance the safety of Bureau field employees, the Bureau
    may use funds to purchase uniforms or other identifying articles of
    clothing for personnel.

                                  construction

                         (including transfer of funds)

        For construction, repair, improvement, and maintenance of
    irrigation and power systems, buildings, utilities, and other
    facilities, including architectural and engineering services by
    contract; acquisition of lands, and interests in lands; and preparation
    of lands for farming, and for construction of the Navajo Indian
    Irrigation Project pursuant to Public Law 87-483, $225,000,000, to
    remain available until expended: Provided, That such amounts as may be
    available for the construction of the Navajo Indian Irrigation Project
    may be transferred to the Bureau of Reclamation: Provided further, That
    not to exceed 6 percent of contract authority available to the Bureau
    of Indian Affairs from the Federal Highway Trust Fund may be used to
    cover the road program management costs of the Bureau: Provided
    further, That any funds provided for the Safety of Dams program
    pursuant to 25 U.S.C. 13 shall be made available on a nonreimbursable
    basis: Provided further, That for fiscal year 2010, in implementing new
    construction or facilities improvement and repair project grants in
    excess of $100,000 that are provided to grant schools under Public Law
    100-297, as amended, the Secretary of the Interior shall use the
    Administrative and Audit Requirements and Cost Principles for
    Assistance Programs contained in 43 CFR part 12 as the regulatory
    requirements: Provided further, That such grants shall not be subject
    to section 12.61 of 43 CFR; the Secretary and the grantee shall
    negotiate and determine a schedule of payments for the work to be
    performed: Provided further, That in considering grant applications,
    the Secretary shall consider whether such grantee would be deficient in
    assuring that the construction projects conform to applicable building
    standards and codes and Federal, tribal, or State health and safety
    standards as required by 25 U.S.C. 2005(b), with respect to
    organizational and financial management capabilities: Provided further,
    That if the Secretary declines a grant application, the Secretary shall
    follow the requirements contained in 25 U.S.C. 2504(f): Provided
    further, That any disputes between the Secretary and any grantee
    concerning a grant shall be subject to the disputes provision in 25
    U.S.C. 2507(e): Provided further, That in order to ensure timely
    completion of construction projects, the Secretary may assume control
    of a project and all funds related to the project, if, within eighteen
    months of the date of enactment of this Act, any grantee receiving
    funds appropriated in this Act or in any prior Act, has not completed
    the planning and design phase of the project and commenced
    construction: Provided further, That this appropriation may be
    reimbursed from the Office of the Special Trustee for American Indians
    appropriation for the appropriate share of construction costs for space
    expansion needed in agency offices to meet trust reform implementation.

     indian land and water claim settlements and miscellaneous payments to
                                    indians

        For payments and necessary administrative expenses for
    implementation of Indian land and water claim settlements pursuant to
    Public Laws 99-264, 100-580, 101-618, 108-447, 109-379, 109-479, 110-
    297, and 111-11, and for implementation of other land and water rights
    settlements, $47,380,000, to remain available until expended.

                         indian land consolidation, bia

        For consolidation of fractional interests in Indian lands and
    expenses associated with redetermining and redistributing escheated
    interests in allotted lands, and for necessary expenses to carry out
    the Indian Land Consolidation Act of 1983, as amended, by direct
    expenditure or cooperative agreement, $3,000,000, to remain available
    until expended.

                     indian guaranteed loan program account

        For the cost of guaranteed loans and insured loans, $8,215,000, of
    which $1,629,000 is for administrative expenses, as authorized by the
    Indian Financing Act of 1974, as amended: Provided, That such costs,
    including the cost of modifying such loans, shall be as defined in
    section 502 of the Congressional Budget Act of 1974: Provided further,
    That these funds are available to subsidize total loan principal, any
    part of which is to be guaranteed or insured, not to exceed
    $93,807,956.

                           administrative provisions

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

                              Departmental Offices

                            Office of the Secretary

                             salaries and expenses

        For necessary expenses for management of the Department of the
    Interior, $118,836,000; of which not to exceed $25,000 may be for
    official reception and representation expenses; and of which up to
    $1,000,000 shall be available for workers compensation payments and
    unemployment compensation payments associated with the orderly closure
    of the United States Bureau of Mines: Provided, That, for fiscal year
    2010 up to $400,000 of the payments authorized by the Act of October
    20, 1976, as amended (31 U.S.C. 6901-6907) may be retained for
    administrative expenses of the Payments in Lieu of Taxes Program:
    Provided further, That no payment shall be made pursuant to that Act to
    otherwise eligible units of local government if the computed amount of
    the payment is less than $100: Provided further, That for fiscal years
    2008 through 2012 the Secretary may reduce the payment authorized by 31
    U.S.C. 6901-6907, as amended, for an individual county by the amount
    necessary to correct prior year overpayments to that county: Provided
    further, That for fiscal years 2008 through 2012 the amount needed to
    correct a prior year underpayment to an individual county shall be paid
    from any reductions for overpayments to other counties and the amount
    necessary to cover any remaining underpayment is hereby appropriated
    and shall be paid to individual counties using current fiscal year
    funds.

                                Insular Affairs

                           assistance to territories

        For expenses necessary for assistance to territories under the
    jurisdiction of the Department of the Interior, $81,095,000, of which:
    (1) $71,815,000 shall remain available until expended for technical
    assistance, including maintenance assistance, disaster assistance,
    insular management controls, coral reef initiative activities, and
    brown tree snake control and research; grants to the judiciary in
    American Samoa for compensation and expenses, as authorized by law (48
    U.S.C. 1661(c)); grants to the Government of American Samoa, in
    addition to current local revenues, for construction and support of
    governmental functions; grants to the Government of the Virgin Islands
    as authorized by law; grants to the Government of Guam, as authorized
    by law; and grants to the Government of the Northern Mariana Islands as
    authorized by law (Public Law 94-241; 90 Stat. 272); and (2) $9,280,000
    shall be available until September 30, 2011 for salaries and expenses
    of the Office of Insular Affairs: Provided, That all financial
    transactions of the territorial and local governments herein provided
    for, including such transactions of all agencies or instrumentalities
    established or used by such governments, may be audited by the
    Government Accountability Office, at its discretion, in accordance with
    chapter 35 of title 31, United States Code: Provided further, That
    Northern Mariana Islands Covenant grant funding shall be provided
    according to those terms of the Agreement of the Special
    Representatives on Future United States Financial Assistance for the
    Northern Mariana Islands approved by Public Law 104-134: Provided
    further, That the funds for the program of operations and maintenance
    improvement are appropriated to institutionalize routine operations and
    maintenance improvement of capital infrastructure with territorial
    participation and cost sharing to be determined by the Secretary based
    on the grantee's commitment to timely maintenance of its capital
    assets: Provided further, That any appropriation for disaster
    assistance under this heading in this Act or previous appropriations
    Acts may be used as non-Federal matching funds for the purpose of
    hazard mitigation grants provided pursuant to section 404 of the Robert
    T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
    5170c): Provided further, That at the request of the Governor of Guam,
    the Secretary may transfer any mandatory or discretionary funds
    appropriated, including those provided under Public Law 104-134, to the
    Secretary of Agriculture for the subsidy cost of direct or guaranteed
    loans, plus not to exceed 3 percent of the amount of the subsidy
    transferred for the cost of loan administration, for the purposes
    authorized by the Rural Electrification Act of 1936 and section
    306(a)(1) of the Consolidated Farm and Rural Development Act for
    construction and repair projects in Guam, and such funds shall remain
    available until expended: Provided further, That such costs, including
    the cost of modifying such loans, shall be as defined in section 502 of
    the Congressional Budget Act of 1974: Provided further, That such loans
    or loan guarantees may be made without regard to the population of the
    area, credit elsewhere requirements, and restrictions on the types of
    eligible entities under the Rural Electrification Act of 1936 and
    section 306(a)(1) of the Consolidated Farm and Rural Development Act:
    Provided further, That any funds transferred to the Secretary of
    Agriculture shall be in addition to funds otherwise made available to
    make or guarantee loans under such authorities.

                          compact of free association

        For grants and necessary expenses, $5,318,000, to remain available
    until expended, as provided for in sections 221(a)(2), 221(b), and 233
    of the Compact of Free Association for the Republic of Palau; and
    section 221(a)(2) of the Compacts of Free Association for the
    Government of the Republic of the Marshall Islands and the Federated
    States of Micronesia, as authorized by Public Law 99-658 and Public Law
    108-188: Provided further, That at the request of the Governor of Guam,
    the Secretary may transfer any mandatory or discretionary funds
    appropriated, including those provided under section 104(e) of Public
    Law 108-188, to the Secretary of Agriculture for the subsidy cost of
    direct or guaranteed loans, plus not to exceed 3 percent of the amount
    of the subsidy transferred for the cost of loan administration, for the
    purposes authorized by the Rural Electrification Act of 1936 and
    section 306(a)(1) of the Consolidated Farm and Rural Development Act
    for construction and repair projects in Guam, and such funds shall
    remain available until expended: Provided further, That such costs,
    including the cost of modifying such loans, shall be as defined in
    section 502 of the Congressional Budget Act of 1974: Provided further,
    That such loans or loan guarantees may be made without regard to the
    population of the area, credit elsewhere requirements, and restrictions
    on the types of eligible entities under the Rural Electrification Act
    of 1936 and section 306(a)(1) of the Consolidated Farm and Rural
    Development Act: Provided further, That any funds transferred to the
    Secretary of Agriculture shall be in addition to funds otherwise made
    available to make or guarantee loans under such authorities.

                            Office of the Solicitor

                             salaries and expenses

        For necessary expenses of the Office of the Solicitor, $65,076,000.

                          Office of Inspector General

                             salaries and expenses

        For necessary expenses of the Office of Inspector General,
    $48,590,000.

               Office of the Special Trustee for American Indians

                             federal trust programs

                         (including transfer of funds)

        For the operation of trust programs for Indians by direct
    expenditure, contracts, cooperative agreements, compacts, and grants,
    $185,984,000, to remain available until expended, of which not to
    exceed $56,536,000 from this or any other Act, shall be available for
    historical accounting, and of which $1,500,000 shall be available for
    the estate planning assistance program under section 207(f) of the
    Indian Land Consolidation Act (25 U.S.C. 2206(f)): Provided, That funds
    for trust management improvements and litigation support may, as
    needed, be transferred to or merged with the Bureau of Indian Affairs,
    ``Operation of Indian Programs'' account; the Office of the Solicitor,
    ``Salaries and Expenses'' account; and the Office of the Secretary,
    ``Salaries and Expenses'' account: Provided further, That funds made
    available through contracts or grants obligated during fiscal year
    2010, as authorized by the Indian Self-Determination Act of 1975 (25
    U.S.C. 450 et seq.), shall remain available until expended by the
    contractor or grantee: Provided further, That, notwithstanding any
    other provision of law, the statute of limitations shall not commence
    to run on any claim, including any claim in litigation pending on the
    date of the enactment of this Act, concerning losses to or
    mismanagement of trust funds, until the affected tribe or individual
    Indian has been furnished with an accounting of such funds from which
    the beneficiary can determine whether there has been a loss: Provided
    further, That, notwithstanding any other provision of law, the
    Secretary shall not be required to provide a quarterly statement of
    performance for any Indian trust account that has not had activity for
    at least 18 months and has a balance of $15.00 or less: Provided
    further, That the Secretary shall issue an annual account statement and
    maintain a record of any such accounts and shall permit the balance in
    each such account to be withdrawn upon the express written request of
    the account holder: Provided further, That not to exceed $50,000 is
    available for the Secretary to make payments to correct administrative
    errors of either disbursements from or deposits to Individual Indian
    Money or Tribal accounts after September 30, 2002: Provided further,
    That erroneous payments that are recovered shall be credited to and
    remain available in this account for this purpose.

                            Department-wide Programs

                            wildland fire management

                         (including transfers of funds)

        For necessary expenses for fire preparedness, suppression
    operations, fire science and research, emergency rehabilitation,
    hazardous fuels reduction, and rural fire assistance by the Department
    of the Interior, $904,637,000, to remain available until expended, of
    which not to exceed $6,137,000 shall be for the renovation or
    construction of fire facilities: Provided, That such funds are also
    available for repayment of advances to other appropriation accounts
    from which funds were previously transferred for such purposes:
    Provided further, That persons hired pursuant to 43 U.S.C. 1469 may be
    furnished subsistence and lodging without cost from funds available
    from this appropriation: Provided further, That notwithstanding 42
    U.S.C. 1856d, sums received by a bureau or office of the Department of
    the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et
    seq., protection of United States property, may be credited to the
    appropriation from which funds were expended to provide that
    protection, and are available without fiscal year limitation: Provided
    further, That using the amounts designated under this title of this
    Act, the Secretary of the Interior may enter into procurement
    contracts, grants, or cooperative agreements, for hazardous fuels
    reduction activities, and for training and monitoring associated with
    such hazardous fuels reduction activities, on Federal land, or on
    adjacent non-Federal land for activities that benefit resources on
    Federal land: Provided further, That the costs of implementing any
    cooperative agreement between the Federal Government and any non-
    Federal entity may be shared, as mutually agreed on by the affected
    parties: Provided further, That notwithstanding requirements of the
    Competition in Contracting Act, the Secretary, for purposes of
    hazardous fuels reduction activities, may obtain maximum practicable
    competition among: (1) local private, nonprofit, or cooperative
    entities; (2) Youth Conservation Corps crews, Public Lands Corps
    (Public Law 109-154), or related partnerships with State, local, or
    non-profit youth groups; (3) small or micro-businesses; or (4) other
    entities that will hire or train locally a significant percentage,
    defined as 50 percent or more, of the project workforce to complete
    such contracts: Provided further, That in implementing this section,
    the Secretary shall develop written guidance to field units to ensure
    accountability and consistent application of the authorities provided
    herein: Provided further, That funds appropriated under this head may
    be used to reimburse the United States Fish and Wildlife Service and
    the National Marine Fisheries Service for the costs of carrying out
    their responsibilities under the Endangered Species Act of 1973 (16
    U.S.C. 1531 et seq.) to consult and conference, as required by section
    7 of such Act, in connection with wildland fire management activities:
    Provided further, That the Secretary of the Interior may use wildland
    fire appropriations to enter into non-competitive sole source leases of
    real property with local governments, at or below fair market value, to
    construct capitalized improvements for fire facilities on such leased
    properties, including but not limited to fire guard stations, retardant
    stations, and other initial attack and fire support facilities, and to
    make advance payments for any such lease or for construction activity
    associated with the lease: Provided further, That the Secretary of the
    Interior and the Secretary of Agriculture may authorize the transfer of
    funds appropriated for wildland fire management, in an aggregate amount
    not to exceed $10,000,000, between the Departments when such transfers
    would facilitate and expedite jointly funded wildland fire management
    programs and projects: Provided further, That funds provided for
    wildfire suppression shall be available for support of Federal
    emergency response actions.

                        central hazardous materials fund

        For necessary expenses of the Department of the Interior and any of
    its component offices and bureaus for the response action, including
    associated activities, performed pursuant to the Comprehensive
    Environmental Response, Compensation, and Liability Act, as amended (42
    U.S.C. 9601 et seq.), $10,175,000, to remain available until expended:
    Provided, That Public Law 110-161 (121 Stat. 2116) under this heading
    is amended by striking ``in advance of or as reimbursement for remedial
    action or response activities conducted by the Department pursuant to
    section 107 or 113(f) of such Act'' and inserting in lieu thereof
    ``including any fines or penalties''.

               natural resource damage assessment and restoration

                    natural resource damage assessment fund

        To conduct natural resource damage assessment and restoration
    activities by the Department of the Interior necessary to carry out the
    provisions of the Comprehensive Environmental Response, Compensation,
    and Liability Act, as amended (42 U.S.C. 9601 et seq.), the Federal
    Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.), the
    Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and Public Law 101-
    337, as amended (16 U.S.C. 19jj et seq.), $6,462,000, to remain
    available until expended.

                              working capital fund

        For the acquisition of a departmental financial and business
    management system and information technology improvements of general
    benefit to the Department, $85,823,000, to remain available until
    expended: Provided, That none of the funds in this Act or previous
    appropriations Acts may be used to establish reserves in the Working
    Capital Fund account other than for accrued annual leave and
    depreciation of equipment without prior approval of the House and
    Senate Committees on Appropriations: Provided further, That the
    Secretary may assess reasonable charges to State, local and tribal
    government employees for training services provided by the National
    Indian Program Training Center, other than training related to Public
    Law 93-638: Provided further, That the Secretary may lease or otherwise
    provide space and related facilities, equipment or professional
    services of the National Indian Program Training Center to State, local
    and tribal government employees or persons or organizations engaged in
    cultural, educational, or recreational activities (as defined in 40
    U.S.C. 3306(a)) at the prevailing rate for similar space, facilities,
    equipment, or services in the vicinity of the National Indian Program
    Training Center: Provided further, That all funds received pursuant to
    the two preceding provisos shall be credited to this account, shall be
    available until expended, and shall be used by the Secretary for
    necessary expenses of the National Indian Program Training Center.

                            administrative provision

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

                 General Provisions, Department of the Interior

                   emergency transfer authority--intra-bureau

                         (including transfers of funds)

        Sec. 101.  Appropriations made in this title shall be available for
    expenditure or transfer (within each bureau or office), with the
    approval of the Secretary, for the emergency reconstruction,
    replacement, or repair of aircraft, buildings, utilities, or other
    facilities or equipment damaged or destroyed by fire, flood, storm, or
    other unavoidable causes: Provided, That no funds shall be made
    available under this authority until funds specifically made available
    to the Department of the Interior for emergencies shall have been
    exhausted.

                 emergency transfer authority--department-wide

        Sec. 102.  The Secretary may authorize the expenditure or transfer
    of any no year appropriation in this title, for the suppression or
    emergency prevention of wildland fires on or threatening lands under
    the jurisdiction of the Department of the Interior; for the emergency
    rehabilitation of burned-over lands under its jurisdiction; for
    emergency actions related to potential or actual earthquakes, floods,
    volcanoes, storms, or other unavoidable causes; for contingency
    planning subsequent to actual oil spills; for response and natural
    resource damage assessment activities related to actual oil spills; for
    the prevention, suppression, and control of actual or potential
    grasshopper and Mormon cricket outbreaks on lands under the
    jurisdiction of the Secretary, pursuant to the authority in section
    1773(b) of Public Law 99-198 (99 Stat. 1658); for emergency reclamation
    projects under section 410 of Public Law 95-87; and shall transfer,
    from any no year funds available to the Office of Surface Mining
    Reclamation and Enforcement, such funds as may be necessary to permit
    assumption of regulatory authority in the event a primacy State is not
    carrying out the regulatory provisions of the Surface Mining Act:
    Provided, That appropriations made in this title for wildland fire
    operations shall be available for the payment of obligations incurred
    during the preceding fiscal year, and for reimbursement to other
    Federal agencies for destruction of vehicles, aircraft, or other
    equipment in connection with their use for wildland fire operations,
    such reimbursement to be credited to appropriations currently available
    at the time of receipt thereof: Provided further, That for wildland
    fire operations, no funds shall be made available under this authority
    until the Secretary determines that funds appropriated for ``wildland
    fire operations'' shall be exhausted within 30 days: Provided further,
    That all funds used pursuant to this section must be replenished by a
    supplemental appropriation which must be requested as promptly as
    possible: Provided further, That such replenishment funds shall be used
    to reimburse, on a pro rata basis, accounts from which emergency funds
    were transferred.

                            authorized use of funds

        Sec. 103.  Appropriations made to the Department of the Interior in
    this title shall be available for services as authorized by 5 U.S.C.
    3109, when authorized by the Secretary, in total amount not to exceed
    $500,000; purchase and replacement of motor vehicles, including
    specially equipped law enforcement vehicles; hire, maintenance, and
    operation of aircraft; hire of passenger motor vehicles; purchase of
    reprints; payment for telephone service in private residences in the
    field, when authorized under regulations approved by the Secretary; and
    the payment of dues, when authorized by the Secretary, for library
    membership in societies or associations which issue publications to
    members only or at a price to members lower than to subscribers who are
    not members.

                            authorized use of funds

        Sec. 104.  Appropriations made in this Act under the headings
    Bureau of Indian Affairs and Office of the Special Trustee for American
    Indians and any unobligated balances from prior appropriations Acts
    made under the same headings shall be available for expenditure or
    transfer for Indian trust management and reform activities. Total
    funding for historical accounting activities shall not exceed amounts
    specifically designated in this Act for such purpose.

                            redistribution of funds

        Sec. 105.  Notwithstanding any other provision of law, the
    Secretary of the Interior is authorized to redistribute any Tribal
    Priority Allocation funds, including tribal base funds, to alleviate
    tribal funding inequities by transferring funds to address identified,
    unmet needs, dual enrollment, overlapping service areas or inaccurate
    distribution methodologies. No federally recognized tribe shall receive
    a reduction in Tribal Priority Allocation funds of more than 10 percent
    in fiscal year 2010. Under circumstances of dual enrollment,
    overlapping service areas or inaccurate distribution methodologies, the
    10 percent limitation does not apply.

                          twin cities research center

        Sec. 106.  Notwithstanding any other provision of law, in conveying
    the Twin Cities Research Center under the authority provided by Public
    Law 104-134, as amended by Public Law 104-208, the Secretary may accept
    and retain land and other forms of reimbursement: Provided, That the
    Secretary may retain and use any such reimbursement until expended and
    without further appropriation: (1) for the benefit of the National
    Wildlife Refuge System within the State of Minnesota; and (2) for all
    activities authorized by 16 U.S.C. 460zz.

                                payment of fees

        Sec. 107.  The Secretary of the Interior may use discretionary
    funds to pay private attorney fees and costs for employees and former
    employees of the Department of the Interior reasonably incurred in
    connection with Cobell v. Salazar to the extent that such fees and
    costs are not paid by the Department of Justice or by private
    insurance. In no case shall the Secretary make payments under this
    section that would result in payment of hourly fees in excess of the
    highest hourly rate approved by the District Court for the District of
    Columbia for counsel in Cobell v. Salazar.

                     ellis, governors, and liberty islands

        Sec. 108.  Notwithstanding any other provision of law, the
    Secretary of the Interior is authorized to acquire lands, waters, or
    interests therein including the use of all or part of any pier, dock,
    or landing within the State of New York and the State of New Jersey,
    for the purpose of operating and maintaining facilities in the support
    of transportation and accommodation of visitors to Ellis, Governors,
    and Liberty Islands, and of other program and administrative
    activities, by donation or with appropriated funds, including franchise
    fees (and other monetary consideration), or by exchange; and the
    Secretary is authorized to negotiate and enter into leases, subleases,
    concession contracts or other agreements for the use of such facilities
    on such terms and conditions as the Secretary may determine reasonable.

                          prohibition on use of funds

        Sec. 109. (a) Any proposed new use of the Arizona & California
    Railroad Company's Right of Way for conveyance of water shall not
    proceed unless the Secretary of the Interior certifies that the
    proposed new use is within the scope of the Right of Way.
        (b) No funds appropriated or otherwise made available to the
    Department of the Interior may be used, in relation to any proposal to
    store water underground for the purpose of export, for approval of any
    right-of-way or similar authorization on the Mojave National Preserve
    or lands managed by the Needles Field Office of the Bureau of Land
    Management, or for carrying out any activities associated with such
    right-of-way or similar approval.

                         use of cooperative agreements

        Sec. 110.  For fiscal year 2010, and each fiscal year thereafter,
    the Secretary of the Interior may enter into cooperative agreements
    with a State or political subdivision (including any agency thereof),
    or any not-for-profit organization if the agreement will: (1) serve a
    mutual interest of the parties to the agreement in carrying out the
    programs administered by the Department of the Interior; and (2) all
    parties will contribute resources to the accomplishment of these
    objectives. At the discretion of the Secretary, such agreements shall
    not be subject to a competitive process.

                              conforming amendment

        Sec. 111.  Sections 109 and 110 of the Federal Oil and Gas Royalty
    Management Act (30 U.S.C. 1719 and 1720) shall, for fiscal year 2010
    and each fiscal year thereafter, apply to any lease authorizing
    exploration for or development of coal, any other solid mineral, or any
    geothermal resource on any Federal or Indian lands and any lease,
    easement, right of way, or other agreement, regardless of form, for use
    of the Outer Continental Shelf or any of its resources under sections
    8(k) or 8(p) of the Outer Continental Shelf Lands Act (43 U.S.C.
    1337(k) and 1337(p)) to the same extent as if such lease, easement,
    right of way, or other agreement, regardless of form, were an oil and
    gas lease, except that in such cases the term ``royalty payment'' shall
    include any payment required by such lease, easement, right of way or
    other agreement, regardless of form, or by applicable regulation.

           prohibition on use of funds, point reyes national seashore

        Sec. 112.  None of the funds in this Act may be used to further
    reduce the number of Axis or Fallow deer at Point Reyes National
    Seashore below the number as of the date of enactment of this Act.

                    outer continental shelf inspection fees

        Sec. 113. (a) In fiscal year 2010, the Minerals Management Service
    (MMS) shall collect a non-refundable inspection fee, which shall be
    deposited in the ``Royalty and Offshore Minerals Management'' account,
    from the designated operator for facilities subject to inspection by
    MMS under 43 U.S.C. 1348(c) that are above the waterline, except mobile
    offshore drilling units, and are in place at the start of fiscal year
    2010.
        (b) Fees for 2010 shall be:
                (1) $2,000 for facilities with no wells, but with
            processing equipment or gathering lines;
                (2) $3,250 for facilities with one to ten wells, with any
            combination of active or inactive wells; and
                (3) $6,000 for facilities with more than ten wells, with
            any combination of active or inactive wells.
        (c) MMS will bill designated operators within 60 days of enactment
    of this Act, with payment required within 30 days of billing.

             yosemite national park authorized payments, amendment

        Sec. 114.  Section 101(a)(1) of Public Law 109-131 is amended by
    striking ``2009'' and inserting ``2013''.

                    northern plains heritage area, amendment

        Sec. 115.  Section 8004 of the Omnibus Public Land Management Act
    of 2009 (Public Law 111-11; 123 Stat. 1240) is amended--
                (1) by redesignating subsections (g) through (i) as
            subsections (h) through (j), respectively;
                (2) in subsection (h)(1) (as redesignated by paragraph
            (1)), in the matter preceding subparagraph (A), by striking
            ``subsection (i)'' and inserting ``subsection (j)''; and
                (3) by inserting after subsection (f) the following:
        ``(g) Requirements for Inclusion and Removal of Property in
    Heritage Area.--
                ``(1) Private property inclusion.--No privately owned
            property shall be included in the Heritage Area unless the
            owner of the private property provides to the management entity
            a written request for the inclusion.
                ``(2) Property removal.--
                        ``(A) Private property.--At the request of an owner
                    of private property included in the Heritage Area
                    pursuant to paragraph (1), the private property shall
                    be immediately withdrawn from the Heritage Area if the
                    owner of the property provides to the management entity
                    a written notice requesting removal.
                        ``(B) Public property.--On written notice from the
                    appropriate State or local government entity, public
                    property included in the Heritage Area shall be
                    immediately withdrawn from the Heritage Area.''.

                  pearl harbor naval complex, joint ticketing

        Sec. 116. (a) Definitions.--In this section:
                (1) Historic attraction.--The term ``historic attraction''
            mean a historic attraction within the Pearl Harbor Naval
            Complex, including--
                        (A) the USS Bowfin Submarine Museum and Park;
                        (B) the Battleship Missouri Memorial;
                        (C) the Pacific Aviation Museum-Pearl Harbor; and
                        (D) any other historic attraction within the Pearl
                    Harbor Naval Complex that--
                                (i) the Secretary identifies as a Pearl
                            Harbor historic attraction; and
                                (ii) is not administered or managed by the
                            Secretary.
                (2) Monument.--The term ``Monument'' means the Word War II
            Valor in the Pacific National Monument in the State of Hawaii.
                (3) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
                (4) Visitor center.--The term ``Visitor Center'' means the
            visitor center located within the Pearl Harbor Naval Complex on
            land that is--
                        (A) within the Monument; and
                        (B) managed by the Secretary, acting through the
                    Director of the National Park Service.
        (b) Facilitation of Admission to Historic Attractions Within Pearl
    Harbor Naval Complex.--
                (1) In general.--In managing the Monument, the Secretary
            may enter into an agreement with any organization that is
            authorized to administer or manage a historic attraction--
                        (A) to allow visitors to the historic attraction to
                    gain access to the historic attraction by passing
                    through security screening at the Visitor Center; and
                        (B) to allow the sale of tickets to a historic
                    attraction within the Visitor Center by--
                                (i) employees of the National Park Service;
                            or
                                (ii) the organization that administers or
                            manages the historic attraction.
                (2) Terms and conditions.--In any agreement entered into
            under paragraph (1), the Secretary--
                        (A) shall require the organization administering or
                    managing the historic attraction to pay to the
                    Secretary a reasonable fee to recover administrative
                    costs of the Secretary associated with the use of the
                    Visitor Center for public access and ticket sales;
                        (B) shall ensure that the liability of the United
                    States is limited with respect to any liability arising
                    from--
                                (i) the admission of the public through the
                            Visitor Center to a historic attraction; and
                                (ii) the sale or issuance of any tickets to
                            the historic attraction; and
                        (C) may include any other terms and conditions that
                    the Secretary determines to be appropriate.
                (3) Use of fees.--The proceeds of any amounts collected as
            fees under paragraph (2)(A) shall remain available, without
            further appropriation, for use by the Secretary for the
            Monument.
                (4) Limitation of authority.--Nothing in this section
            authorizes the Secretary--
                        (A) to regulate or approve the rates for admission
                    to a historic attraction;
                        (B) to regulate or manage any visitor services
                    within the Pearl Harbor Naval Complex (other than the
                    services managed by the National Park Service as part
                    of the Monument); or
                        (C) to charge an entrance fee for admission to the
                    Monument.
                (5) Protection of resources.--Nothing in this section
            authorizes the Secretary or any organization that administers
            or manages a historic attraction to take any action in
            derogation of the preservation and protection of the values and
            resources of the Monument.

                      assistance for the republic of palau

        Sec. 117. (a) In General.--Subject to subsection (c), the Secretary
    of the Interior shall provide to the Government of Palau for fiscal
    year 2010 grants in amounts equal to the annual amounts specified in
    subsections (a), (c), and (d) of section 211 of the Compact of Free
    Association between the Government of the United States of America and
    the Government of Palau (48 U.S.C. 1931 note) (referred to in this
    section as the ``Compact'').
        (b) Programmatic Assistance.--Subject to subsection (c), the United
    States shall provide programmatic assistance to the Republic of Palau
    for fiscal year 2010 in amounts equal to the amounts provided in
    subsections (a) and (b)(1) of section 221 of the Compact.
        (c) Limitations on Assistance.--
                (1) In general.--The grants and programmatic assistance
            provided under subsections (a) and (b) shall be provided to the
            same extent and in the same manner as the grants and assistance
            were provided in fiscal year 2009.
                (2) Trust fund.--If the Government of Palau withdraws more
            than $5,000,000 from the trust fund established under section
            211(f) of the Compact, amounts to be provided under subsections
            (a) and (b) shall be withheld from the Government of Palau.

           golden gate national recreation area, fort baker amendment

        Sec. 118.  Section 120 of title I of H.R. 3423 (Appendix C) as
    enacted into law by section 1000(a)(3) of division B of Public Law 106-
    113 is amended by striking the last sentence.

                theodore roosevelt national park, elk reduction

        Sec. 119.  None of the funds made available in this Act shall be
    used to establish or implement a plan to reduce the number of elk in
    Theodore Roosevelt National Park unless such plan, notwithstanding any
    other provision of law, allows North Dakota residents possessing a
    State hunting license to be deputized by the Secretary as rangers in
    such numbers as the Secretary deems sufficient for purposes of culling
    the elk herd at the Park, and allows each such volunteer to cull one
    elk and remove its carcass from the Park.

               point reyes national seashore, extension of permit

        Sec. 120.  Prior to the expiration on November 30, 2012 of the
    Drake's Bay Oyster Company's Reservation of Use and Occupancy and
    associated special use permit (``existing authorization'') within
    Drake's Estero at Point Reyes National Seashore, notwithstanding any
    other provision of law, the Secretary of the Interior is authorized to
    issue a special use permit with the same terms and conditions as the
    existing authorization, except as provided herein, for a period of 10
    years from November 30, 2012: Provided, That such extended
    authorization is subject to annual payments to the United States based
    on the fair market value of the use of the Federal property for the
    duration of such renewal. The Secretary shall take into consideration
    recommendations of the National Academy of Sciences Report pertaining
    to shellfish mariculture in Point Reyes National Seashore before
    modifying any terms and conditions of the extended authorization.

                             contribution authority

        Sec. 121.  Title 43 U.S.C. 1473, as amended by Public Law 110-161
    and Public Law 111-8, is further amended by deleting ``in fiscal years
    2008 and 2009 only'' and inserting ``in fiscal years 2008, 2009 and
    2010 only''.

                  national park system, special resource study

        Sec. 122. (a) In General.--The Secretary of the Interior (referred
    to in this section as the ``Secretary'') shall conduct a special
    resource study of the national significance, suitability, and
    feasibility of including the Honouliuli Gulch and associated sites
    within the State of Hawaii in the National Park System.
        (b) Guidelines.--In conducting the study, the Secretary shall use
    the criteria for the study of areas for potential inclusion in the
    National Park System described in section 8 of Public Law 91-383 (16
    U.S.C. 1a-5).
        (c) Consultation.--In conducting the study, the Secretary shall
    consult with--
                (1) the State of Hawaii;
                (2) appropriate Federal agencies;
                (3) Native Hawaiian and local government entities;
                (4) private and nonprofit organizations;
                (5) private land owners; and
                (6) other interested parties.
        (d) Themes.--The study shall evaluate the Honouliuli Gulch,
    associated sites located on Oahu, and other islands located in the
    State of Hawaii with respect to--
                (1) the significance of the site as a component of World
            War II;
                (2) the significance of the site as the site related to the
            forcible internment of Japanese Americans, European Americans,
            and other individuals; and
                (3) historic resources at the site.
        (e) Report.--Not later than 2 years after the date of enactment of
    this Act, the Secretary shall submit to the Committee on Natural
    Resources of the House of Representatives and the Committee on Energy
    and Natural Resources of the Senate a report describing the findings,
    conclusions, and recommendations of the study required under this
    section.

           prohibition on use of funds to impede operational control

        Sec. 123. None of the funds made available by this Act may be used
    to impede, prohibit, or restrict activities of the Secretary of
    Homeland Security on public lands to achieve operational control (as
    defined in section 2(b) of the Secure Fence Act of 2006 (8 U.S.C. 1701
    note; Public Law 109-367) over the international land and maritime
    borders of the United States.
        Sec. 124.  Any owner of private property within an existing or new
    National Heritage Area may opt out of participating in any plan,
    project, program, or activity conducted within the National Heritage
    Area if the property owner provides written notice to the local
    coordinating entity.

                                    TITLE II

                        ENVIRONMENTAL PROTECTION AGENCY

                             Science and Technology

        For science and technology, including research and development
    activities, which shall include research and development activities
    under the Comprehensive Environmental Response, Compensation, and
    Liability Act of 1980, as amended; necessary expenses for personnel and
    related costs and travel expenses; procurement of laboratory equipment
    and supplies; and other operating expenses in support of research and
    development, $842,799,000, to remain available until September 30,
    2011.

                     Environmental Programs and Management

        For environmental programs and management, including necessary
    expenses, not otherwise provided for, for personnel and related costs
    and travel expenses; hire of passenger motor vehicles; hire,
    maintenance, and operation of aircraft; purchase of reprints; library
    memberships in societies or associations which issue publications to
    members only or at a price to members lower than to subscribers who are
    not members; administrative costs of the brownfields program under the
    Small Business Liability Relief and Brownfields Revitalization Act of
    2002; and not to exceed $9,000 for official reception and
    representation expenses, $2,878,780,000, to remain available until
    September 30, 2011: Provided, That of the funds included under this
    heading, not less than $478,696,000 shall be for the Geographic
    Programs specified in the committee report accompanying this Act.

                          Office of Inspector General

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, as
    amended, $44,791,000, to remain available until September 30, 2011.

                            Buildings and Facilities

        For construction, repair, improvement, extension, alteration, and
    purchase of fixed equipment or facilities of, or for use by, the
    Environmental Protection Agency, $35,001,000, to remain available until
    expended: Provided, That, at the discretion of the Administrator of the
    Environmental Protection Agency, from the funds included under this
    heading, $500,000 may be made available for preliminary planning and
    design of a high-performance green building to consolidate the multiple
    offices and research facilities of the Environmental Protection Agency
    in Las Vegas, Nevada.

                         Hazardous Substance Superfund

                         (including transfers of funds)

        For necessary expenses to carry out the Comprehensive Environmental
    Response, Compensation, and Liability Act of 1980 (CERCLA), as amended,
    including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C.
    9611) $1,308,541,000, to remain available until expended, consisting of
    such sums as are available in the Trust Fund on September 30, 2009, as
    authorized by section 517(a) of the Superfund Amendments and
    Reauthorization Act of 1986 (SARA) and up to $1,308,541,000 as a
    payment from general revenues to the Hazardous Substance Superfund for
    purposes as authorized by section 517(b) of SARA, as amended: Provided,
    That funds appropriated under this heading may be allocated to other
    Federal agencies in accordance with section 111(a) of CERCLA: Provided
    further, That of the funds appropriated under this heading, $9,975,000
    shall be paid to the ``Office of Inspector General'' appropriation to
    remain available until September 30, 2011, and $26,834,000 shall be
    paid to the ``Science and Technology'' appropriation to remain
    available until September 30, 2011.

              Leaking Underground Storage Tank Trust Fund Program

        For necessary expenses to carry out leaking underground storage
    tank cleanup activities authorized by subtitle I of the Solid Waste
    Disposal Act, as amended, $114,171,000, to remain available until
    expended, of which $78,671,000 shall be for carrying out leaking
    underground storage tank cleanup activities authorized by section
    9003(h) of the Solid Waste Disposal Act, as amended; $35,500,000 shall
    be for carrying out the other provisions of the Solid Waste Disposal
    Act specified in section 9508(c) of the Internal Revenue Code, as
    amended: Provided, That the Administrator is authorized to use
    appropriations made available under this heading to implement section
    9013 of the Solid Waste Disposal Act to provide financial assistance to
    federally recognized Indian tribes for the development and
    implementation of programs to manage underground storage tanks.

                               Oil Spill Response

        For expenses necessary to carry out the Environmental Protection
    Agency's responsibilities under the Oil Pollution Act of 1990,
    $18,379,000, to be derived from the Oil Spill Liability trust fund, to
    remain available until expended.

                       State and Tribal Assistance Grants

        For environmental programs and infrastructure assistance, including
    capitalization grants for State revolving funds and performance
    partnership grants, $4,954,274,000, to remain available until expended,
    of which $2,100,000,000 shall be for making capitalization grants for
    the Clean Water State Revolving Funds under title VI of the Federal
    Water Pollution Control Act, as amended (the ``Act''); of which
    $1,387,000,000 shall be for capitalization grants for the Drinking
    Water State Revolving Funds under section 1452 of the Safe Drinking
    Water Act, as amended: Provided, That, for fiscal year 2010, to the
    extent that there are sufficient applications, not less than 20 percent
    of the funds made available for the Clean Water State Revolving Fund or
    Drinking Water State Revolving Fund capitalization grants shall be for
    projects to address green infrastructure, water or energy efficiency
    improvements, or other environmentally innovative activities;
    $10,000,000 shall be for architectural, engineering, planning, design,
    construction and related activities in connection with the construction
    of high priority water and wastewater facilities in the area of the
    United States-Mexico Border, after consultation with the appropriate
    border commission; $15,000,000 shall be for grants to the State of
    Alaska to address drinking water and wastewater infrastructure needs of
    rural and Alaska Native Villages: Provided further, That, of these
    funds: (1) the State of Alaska shall provide a match of 25 percent; (2)
    no more than 5 percent of the funds may be used for administrative and
    overhead expenses; and (3) the State of Alaska shall make awards
    consistent with the State-wide priority list established in conjunction
    with the Agency and the U.S. Department of Agriculture for all water,
    sewer, waste disposal, and similar projects carried out by the State of
    Alaska that are funded under section 221 of the Federal Water Pollution
    Control Act (33 U.S.C. 1301) or the Consolidated Farm and Rural
    Development Act (7 U.S.C. 1921 et seq.) which shall allocate not less
    than 25 percent of the funds provided for projects in regional hub
    communities; $150,000,000 shall be for making special project grants
    for the construction of drinking water, wastewater and storm water
    infrastructure and for water quality protection in accordance with the
    terms and conditions specified for such grants in the committee report
    accompanying this Act, and, for purposes of these grants, each grantee
    shall contribute not less than 45 percent of the cost of the project
    unless the grantee is approved for a waiver by the Agency; $101,000,000
    shall be to carry out section 104(k) of the Comprehensive Environmental
    Response, Compensation, and Liability Act of 1980 (CERCLA), as amended,
    including grants, interagency agreements, and associated program
    support costs; $60,000,000 shall be for grants under title VII,
    subtitle G of the Energy Policy Act of 2005, as amended; $20,000,000
    shall be for targeted airshed grants in accordance with the terms and
    conditions of the committee report accompanying this Act; and
    $1,111,274,000 shall be for grants, including associated program
    support costs, to States, federally recognized tribes, interstate
    agencies, tribal consortia, and air pollution control agencies for
    multi-media or single media pollution prevention, control and abatement
    and related activities, including activities pursuant to the provisions
    set forth under this heading in Public Law 104-134, and for making
    grants under section 103 of the Clean Air Act for particulate matter
    monitoring and data collection activities subject to terms and
    conditions specified by the Administrator, of which $49,495,000 shall
    be for carrying out section 128 of CERCLA, as amended, $10,000,000
    shall be for Environmental Information Exchange Network grants,
    including associated program support costs, $18,500,000 of the funds
    available for grants under section 106 of the Act shall be for water
    quality monitoring activities, and, in addition to funds appropriated
    under the heading ``Leaking Underground Storage Tank Trust Fund
    Program'' to carry out the provisions of the Solid Waste Disposal Act
    specified in section 9508(c) of the Internal Revenue Code other than
    section 9003(h) of the Solid Waste Disposal Act, as amended, $2,500,000
    shall be for grants to States under section 2007(f)(2) of the Solid
    Waste Disposal Act, as amended: Provided further, That notwithstanding
    section 603(d)(7) of the Federal Water Pollution Control Act, the
    limitation on the amounts in a State water pollution control revolving
    fund that may be used by a State to administer the fund shall not apply
    to amounts included as principal in loans made by such fund in fiscal
    year 2010 and prior years where such amounts represent costs of
    administering the fund to the extent that such amounts are or were
    deemed reasonable by the Administrator, accounted for separately from
    other assets in the fund, and used for eligible purposes of the fund,
    including administration: Provided further, That for fiscal year 2010,
    and notwithstanding section 518(f) of the Act, the Administrator is
    authorized to use the amounts appropriated for any fiscal year under
    section 319 of that Act to make grants to federally recognized Indian
    tribes pursuant to sections 319(h) and 518(e) of that Act: Provided
    further, That, for fiscal year 2010, notwithstanding the limitation on
    amounts in section 518(c) of the Federal Water Pollution Control Act
    and section 1452(i) of the Safe Drinking Water Act, up to a total of 2
    percent of the funds appropriated for the Clean Water State Revolving
    Funds and Drinking Water State Revolving Funds may be reserved by the
    Administrator for grants to Tribes: Provided further, That, for fiscal
    year 2010, notwithstanding any other provision of law, up to a total of
    1.5 percent of the funds provided for the Clean Water State Revolving
    Funds and Drinking Water State Revolving Funds may be reserved by the
    Administrator for grants to territories of the United States: Provided
    further, That no funds provided by this appropriations Act to address
    the water, wastewater and other critical infrastructure needs of the
    colonias in the United States along the United States-Mexico border
    shall be made available to a county or municipal government unless that
    government has established an enforceable local ordinance, or other
    zoning rule, which prevents in that jurisdiction the development or
    construction of any additional colonia areas, or the development within
    an existing colonia the construction of any new home, business, or
    other structure which lacks water, wastewater, or other necessary
    infrastructure: Provided further, That notwithstanding the joint
    explanatory statement of the Committee on Appropriations of the House
    of Representatives accompanying Public Law 111-8, the $300,000 made
    available to the Village of Crestwood for water storage improvements
    (as described in the table entitled ``Congressionally Designated
    Spending'' in section 430 of that joint explanatory statement) shall be
    made available to the City of Quincy, Illinois, for drinking water
    system improvements: Provided further, That, notwithstanding House
    Report 107-272, the amount of $1,000,000 made available to the
    Southeast Alabama Regional Water Authority for a water facility project
    and the amount of $2,500,000 made available to the Alabama Regional
    Water Authority for the Southwest Alabama Rural/Municipal Water System
    may, at the discretion of the Administrator, be made available to the
    city of Thomasville for those projects: Provided further, That,
    notwithstanding House Report 108-10, the amount of $450,000 made
    available to the Southwest Alabama Regional Water Authority for water
    infrastructure improvements may, at the discretion of the
    Administrator, be made available to the city of Thomasville for that
    project: Provided further, That, notwithstanding House Report 108-401,
    the amount of $450,000 made available to the Southwest Alabama Regional
    Water supply District for regional water supply distribution in
    Thomasville, Alabama, may, at the discretion of the Administrator, be
    made available to the city of Thomasville for that project: Provided
    further, That, notwithstanding House Report 108-401, the amount of
    $2,000,000 made available to the Tom Bevill Reservoir Management Area
    Authority for construction of a drinking water reservoir in Fayette
    County, Alabama, may, at the discretion of the Administrator, be made
    available to Fayette County, Alabama, for water system upgrades:
    Provided further, That, notwithstanding the joint explanatory statement
    of the Committee on Appropriations of the House of Representatives
    accompanying Public Law 111-8 (123 Stat. 524), the amount of $500,000
    made available to the San Bernardino Municipal Water District for the
    Inland Empire alternative water supply project (as described in the
    table entitled ``Congressionally Designated Spending'' contained in
    section 430 of that joint explanatory statement) may, at the discretion
    of the Administrator, be made available to the city of San Bernardino
    municipal water department for that project: Provided further, That,
    notwithstanding the joint explanatory statement of the Committee on
    Appropriations of the House of Representatives accompanying the
    Consolidated Appropriations Act, 2008 (Public Law 110-161; 121 Stat.
    1844), from funds made available by that Act for the State and Tribal
    Assistance Grants program, $170,800 may, at the discretion of the
    Administrator, be made available to the city of Prescott for a
    wastewater treatment plant construction project and $129,200 may, at
    the discretion of the Administrator, be made available to the city of
    Wichita for a storm water technology pilot project: Provided further,
    That, notwithstanding the joint explanatory statement of the Committee
    on Appropriations of the House of Representatives accompanying the
    Omnibus Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 524), the
    amount of $185,000 made available to the city of Manhattan for the
    sewer mainline extension project (as described in the table entitled
    ``Congressionally Designated Spending'' contained in section 430 of
    that joint explanatory statement) may, at the discretion of the
    Administrator, be made available to the city of Manhattan for a water
    mainline extension project: Provided further, That, notwithstanding the
    joint explanatory statement of the Committee on Appropriations of the
    House of Representatives accompanying the Omnibus Appropriations Act,
    2009 (Public Law 111-8; 123 Stat. 524), the amount of $290,000 made
    available to the Riley County Board of Commissioners for the Konza
    Sewer Main Extension project (as described in the table entitled
    ``Congressionally Designated Spending'' contained in section 430 of
    that joint explanatory statement) may, at the discretion of the
    Administrator, be made available to the city of Manhattan for the Konza
    Water Main Extension project: Provided further,  That, notwithstanding
    the joint explanatory statement of the Committee on Appropriations of
    the House of Representatives accompanying Public Law 111-8 (123 Stat.
    524), the amount of $1,300,000 made available to the City of
    Warrensburg, Missouri for a drinking water and wastewater
    infrastructure project (as described in the table entitled
    ``Congressionally Designated Spending'' contained in section 430 of
    that joint explanatory statement) may, at the discretion of the
    Administrator, be made available to Johnson County, Missouri for that
    project: Provided further, That, notwithstanding the joint explanatory
    statement of the Committee on Appropriations of the House of
    Representatives accompanying Public Law 111-8 (123 Stat. 524), the
    amount of $1,000,000 made available to the City of Gravois Mills for
    wastewater infrastructure (as described in the table entitled
    ``Congressionally Designated Spending'' contained in section 430 of
    that joint explanatory statement) may, at the discretion of the
    Administrator, be made available to the Gravois Arm Sewer District for
    that project: Provided further, That, notwithstanding the joint
    explanatory statement of the Committee on Appropriations of the House
    of Representatives accompanying Public Law 111-8 (123 Stat. 524), the
    amount of $500,000 made available to McDonald County, Missouri for a
    wastewater infrastructure expansion project (as described in the table
    entitled ``Congressionally Designated Spending'' contained in section
    430 of that joint explanatory statement) may, at the discretion of the
    Administrator, be made available to PWSD #1 of McDonald County,
    Missouri for that project: Provided further, That, notwithstanding the
    joint explanatory statement of the Committee on Appropriations of the
    House of Representatives accompanying Public Law 110-161 (121 Stat.
    1844), the amount of $150,000 made available to the City of Hayti,
    Pemiscot Consolidated Public Water Supply District 1 for a Water
    Storage Tank (as described in the section entitled ``STAG
    Infrastructure Grants/Congressional Priorities'' on page 1264 of the
    joint explanatory statement) may, at the discretion of the
    Administrator, be made available to Pemiscot Consolidated Public Water
    Supply District 1 for a drinking water source protection infrastructure
    project: Provided further, That, notwithstanding the joint explanatory
    statement of the Committee on Appropriations of the House of
    Representatives accompanying Public Law 111-8 (123 Stat. 524), the
    amount of $400,000 made available to the City of Lake Norden, South
    Dakota, for wastewater infrastructure improvements (as described in the
    table entitled ``Congressionally Designated Spending'' contained in
    section 430 of that joint explanatory statement) may, at the discretion
    of the Administrator, be made available to the City of Lake Norden,
    South Dakota, for drinking water infrastructure improvements.

           Administrative Provisions, Environmental Protection Agency

                        (including rescission of funds)

        For fiscal year 2010, notwithstanding 31 U.S.C. 6303(1) and
    6305(1), the Administrator of the Environmental Protection Agency, in
    carrying out the Agency's function to implement directly Federal
    environmental programs required or authorized by law in the absence of
    an acceptable tribal program, may award cooperative agreements to
    federally recognized Indian Tribes or Intertribal consortia, if
    authorized by their member Tribes, to assist the Administrator in
    implementing Federal environmental programs for Indian Tribes required
    or authorized by law, except that no such cooperative agreements may be
    awarded from funds designated for State financial assistance
    agreements.
        The Administrator of the Environmental Protection Agency is
    authorized to collect and obligate pesticide registration service fees
    in accordance with section 33 of the Federal Insecticide, Fungicide,
    and Rodenticide Act, as amended by Public Law 110-94, the Pesticide
    Registration Improvement Renewal Act.
        The Administrator is authorized to transfer up to 50 percent of the
    funds appropriated for the Great Lakes Initiative under the heading
    ``Environmental Programs and Management'' to the head of any Federal
    department or agency, with the concurrence of such head, to carry out
    activities that would support the Great Lakes Restoration Initiative
    and Great Lakes Water Quality Agreement programs, projects, or
    activities; to enter into an interagency agreement with the head of
    such Federal department or agency to carry out these activities; and to
    make grants to governmental entities, nonprofit organizations,
    institutions, and individuals for planning, research, monitoring,
    outreach, and implementation in furtherance of the Great Lakes
    Restoration Initiative and the Great Lakes Water Quality Agreement.
        From unobligated balances to carry out projects and activities
    funded through the State and Tribal Assistance Grants Account,
    $40,000,000 are permanently rescinded: Provided, That no amounts may be
    rescinded from amounts that were designated by Congress as an emergency
    requirement pursuant to the Concurrent Resolution on the Budget or the
    Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

              General Provisions, Environmental Protection Agency

                                  black carbon

        Sec. 201.  (a) Not later than 18 months after the date of enactment
    of this Act, the Administrator, in consultation with other Federal
    agencies, may carry out and submit to Congress the results of a study
    to define black carbon, assess the impacts of black carbon on global
    and regional climate, and identify the most cost-effective ways to
    reduce black carbon emissions--
                (1) to improve global and domestic public health; and
                (2) to mitigate the climate impacts of black carbon.
        (b) In carrying out the study, the Administrator shall--
                (1) identify global and domestic black carbon sources, the
            quantities of emissions from those sources, and cost-effective
            mitigation technologies and strategies;
                (2) evaluate the public health, climate, and economic
            impacts of black carbon;
                (3) identify current and practicable future opportunities
            to provide financial, technical, and related assistance to
            reduce domestic and international black carbon emissions; and
                (4) identify opportunities for future research and
            development to reduce black carbon emissions and protect public
            health in the United States and internationally.
        (c) Of the amounts made available under this title under the
    heading ``Environmental Programs and Management'' for operations and
    administration, up to $2,000,000 shall be--
                (1) transferred to the account used to fund the Office of
            Air Quality Planning and Standards of the Environmental
            Protection Agency; and
                (2) used by the Administrator to carry out this section.

                                   TITLE III

                                RELATED AGENCIES

                           DEPARTMENT OF AGRICULTURE

                                 Forest Service

                         forest and rangeland research

        For necessary expenses of forest and rangeland research as
    authorized by law, $307,012,000, to remain available until expended:
    Provided, That of the funds provided, $66,939,000 is for the forest
    inventory and analysis program.

                           state and private forestry

        For necessary expenses of cooperating with and providing technical
    and financial assistance to States, territories, possessions, and
    others, and for forest health management, including treatments of
    pests, pathogens, and invasive or noxious plants and for restoring and
    rehabilitating forests damaged by pests or invasive plants, cooperative
    forestry, and education and land conservation activities and conducting
    an international program as authorized, $276,946,000, to remain
    available until expended, as authorized by law; and of which
    $55,145,000 is to be derived from the Land and Water Conservation Fund.

                             national forest system

                         (including transfers of funds)

        For necessary expenses of the Forest Service, not otherwise
    provided for, for management, protection, improvement, and utilization
    of the National Forest System, $1,552,429,000, to remain available
    until expended, which shall include 50 percent of all moneys received
    during prior fiscal years as fees collected under the Land and Water
    Conservation Fund Act of 1965, as amended, in accordance with section 4
    of the Act (16 U.S.C. 460l-6a(i)) and of which $2,000,000 may be made
    available to the Pest and Disease Revolving Loan Fund established by
    section 10205(b) of the Food, Conservation, and Energy Act of 2008 (16
    U.S.C. 2104a(b)): Provided, That, through fiscal year 2014, the
    Secretary of Agriculture may authorize the expenditure or transfer of
    such sums as are necessary to the Secretary of the Interior for
    removal, preparation and adoption of excess wild horses and burros from
    National Forest System lands and for the performance of cadastral
    surveys to designate the boundaries of such lands: Provided further,
    That $282,617,000 shall be made available for recreation, heritage, and
    wilderness.

                      capital improvement and maintenance

                         (including transfer of funds)

        For necessary expenses of the Forest Service, not otherwise
    provided for, $513,418,000, to remain available until expended, for
    construction, capital improvement, maintenance and acquisition of
    buildings and other facilities and infrastructure; and for
    construction, capital improvement, decommissioning, and maintenance of
    forest roads and trails by the Forest Service as authorized by 16
    U.S.C. 532-538 and 23 U.S.C. 101 and 205: Provided, That $50,000,000
    shall be designated for urgently needed road decommissioning, road and
    trail repair and maintenance and associated activities, and removal of
    fish passage barriers, especially in areas where Forest Service roads
    may be contributing to water quality problems in streams and water
    bodies which support threatened, endangered or sensitive species or
    community water sources: Provided further, That up to $40,000,000 of
    the funds provided herein for road maintenance shall be available for
    the decommissioning of roads, including unauthorized roads not part of
    the transportation system, which are no longer needed: Provided
    further, That no funds shall be expended to decommission any system
    road until notice and an opportunity for public comment has been
    provided on each decommissioning project: Provided further, That the
    decommissioning of unauthorized roads not part of the official
    transportation system shall be expedited in response to threats to
    public safety, water quality, or natural resources: Provided further,
    That funds becoming available in fiscal year 2010 under the Act of
    March 4, 1913 (16 U.S.C. 501) shall be transferred to the General Fund
    of the Treasury and shall not be available for transfer or obligation
    for any other purpose unless the funds are appropriated.

                                land acquisition

        For expenses necessary to carry out the provisions of the Land and
    Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
    through 11), including administrative expenses, and for acquisition of
    land or waters, or interest therein, in accordance with statutory
    authority applicable to the Forest Service, $67,784,000, to be derived
    from the Land and Water Conservation Fund and to remain available until
    expended.

             acquisition of lands for national forests special acts

        For acquisition of lands within the exterior boundaries of the
    Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
    Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
    National Forests, California, as authorized by law, $1,050,000, to be
    derived from forest receipts.

                acquisition of lands to complete land exchanges

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

                             range betterment fund

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

        gifts, donations and bequests for forest and rangeland research

        For expenses authorized by 16 U.S.C. 1643(b), $50,000, to remain
    available until expended, to be derived from the fund established
    pursuant to the above Act.

            management of national forest lands for subsistence uses

        For necessary expenses of the Forest Service to manage Federal
    lands in Alaska for subsistence uses under title VIII of the Alaska
    National Interest Lands Conservation Act (Public Law 96-487),
    $2,582,000, to remain available until expended.

                            wildland fire management

                         (including transfers of funds)

        For necessary expenses for forest fire presuppression activities on
    National Forest System lands, for emergency fire suppression on or
    adjacent to such lands or other lands under fire protection agreement,
    hazardous fuels reduction on or adjacent to such lands, and for
    emergency rehabilitation of burned-over National Forest System lands
    and water, $1,817,637,000, to remain available until expended:
    Provided, That such funds including unobligated balances under this
    heading, are available for repayment of advances from other
    appropriations accounts previously transferred for such purposes:
    Provided further, That such funds shall be available to reimburse State
    and other cooperating entities for services provided in response to
    wildfire and other emergencies or disasters to the extent such
    reimbursements by the Forest Service for non-fire emergencies are fully
    repaid by the responsible emergency management agency: Provided
    further, That, notwithstanding any other provision of law, $8,000,000
    of funds appropriated under this appropriation shall be used for Fire
    Science Research in support of the Joint Fire Science Program: Provided
    further, That all authorities for the use of funds, including the use
    of contracts, grants, and cooperative agreements, available to execute
    the Forest and Rangeland Research appropriation, are also available in
    the utilization of these funds for Fire Science Research: Provided
    further, That funds provided shall be available for emergency
    rehabilitation and restoration, hazardous fuels reduction activities in
    the urban-wildland interface, support to Federal emergency response,
    and wildfire suppression activities of the Forest Service: Provided
    further, That of the funds provided, $340,285,000 is for hazardous
    fuels reduction activities, $11,500,000 is for rehabilitation and
    restoration, $23,917,000 is for research activities and to make
    competitive research grants pursuant to the Forest and Rangeland
    Renewable Resources Research Act, as amended (16 U.S.C. 1641 et seq.),
    $56,250,000 is for State fire assistance, $9,000,000 is for volunteer
    fire assistance, $17,252,000 is for forest health activities on Federal
    lands and $9,928,000 is for forest health activities on State and
    private lands: Provided further, That amounts in this paragraph may be
    transferred to the ``State and Private Forestry'', ``National Forest
    System'', and ``Forest and Rangeland Research'' accounts to fund State
    fire assistance, volunteer fire assistance, forest health management,
    forest and rangeland research, the Joint Fire Science Program,
    vegetation and watershed management, heritage site rehabilitation, and
    wildlife and fish habitat management and restoration: Provided further,
    That up to $15,000,000 of the funds provided under this heading for
    hazardous fuels treatments may be transferred to and made a part of the
    ``National Forest System'' account at the sole discretion of the Chief
    of the Forest Service 30 days after notifying the House and the Senate
    Committees on Appropriations: Provided further, That the costs of
    implementing any cooperative agreement between the Federal Government
    and any non-Federal entity may be shared, as mutually agreed on by the
    affected parties: Provided further, That in addition to funds provided
    for State Fire Assistance programs, and subject to all authorities
    available to the Forest Service under the State and Private Forestry
    Appropriation, up to $15,000,000 may be used on adjacent non-Federal
    lands for the purpose of protecting communities when hazard reduction
    activities are planned on national forest lands that have the potential
    to place such communities at risk: Provided further, That funds made
    available to implement the Community Forest Restoration Act, Public Law
    106-393, title VI, shall be available for use on non-Federal lands in
    accordance with authorities available to the Forest Service under the
    State and Private Forestry Appropriation: Provided further, That the
    Secretary of the Interior and the Secretary of Agriculture may
    authorize the transfer of funds appropriated for wildland fire
    management, in an aggregate amount not to exceed $10,000,000, between
    the Departments when such transfers would facilitate and expedite
    jointly funded wildland fire management programs and projects: Provided
    further, That of the funds provided for hazardous fuels reduction, not
    to exceed $10,000,000, may be used to make grants, using any
    authorities available to the Forest Service under the State and Private
    Forestry appropriation, for the purpose of creating incentives for
    increased use of biomass from national forest lands: Provided further,
    That funds designated for wildfire suppression shall be assessed for
    cost pools on the same basis as such assessments are calculated against
    other agency programs.

                collaborative forest landscape restoration fund

        For expenses authorized by section 4003(f) of the Omnibus Public
    Land Management Act of 2009 (16 U.S.C. 7303(f)), $10,000,000, to remain
    available until expended.

                   administrative provisions, forest service

                         (including transfers of funds)

        Appropriations to the Forest Service for the current fiscal year
    shall be available for: (1) purchase of passenger motor vehicles;
    acquisition of passenger motor vehicles from excess sources, and hire
    of such vehicles; purchase, lease, operation, maintenance, and
    acquisition of aircraft from excess sources to maintain the operable
    fleet for use in Forest Service wildland fire programs and other Forest
    Service programs; notwithstanding other provisions of law, existing
    aircraft being replaced may be sold, with proceeds derived or trade-in
    value used to offset the purchase price for the replacement aircraft;
    (2) services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for
    employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration
    of buildings and other public improvements (7 U.S.C. 2250); (4)
    acquisition of land, waters, and interests therein pursuant to 7 U.S.C.
    428a; (5) for expenses pursuant to the Volunteers in the National
    Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost
    of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt
    collection contracts in accordance with 31 U.S.C. 3718(c).
        Any appropriations or funds available to the Forest Service may be
    transferred to the Wildland Fire Management appropriation for wildland
    firefighting, emergency rehabilitation of burned-over or damaged lands
    or waters under its jurisdiction, and fire preparedness due to severe
    burning conditions upon notification of the Committees on
    Appropriations for the House of Representatives and Senate if the
    Secretary of Agriculture determines that all emergency fire suppression
    funds appropriated under the heading ``Wildland Fire Management'' will
    be fully obligated within 30 days.
        Funds appropriated to the Forest Service shall be available for
    assistance to or through the Agency for International Development in
    connection with forest and rangeland research, technical information,
    and assistance in foreign countries, and shall be available to support
    forestry and related natural resource activities outside the United
    States and its territories and possessions, including technical
    assistance, education and training, and cooperation with United States
    and international organizations.
        None of the funds made available to the Forest Service in this Act
    or any other Act with respect to any fiscal year shall be subject to
    transfer under the provisions of section 702(b) of the Department of
    Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public
    Law 106-224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107-107
    (7 U.S.C. 8316(b)).
        None of the funds available to the Forest Service may be
    reprogrammed without the advance approval of the House and Senate
    Committees on Appropriations in accordance with the reprogramming
    procedures contained in title IV of this Act.
        Not more than $88,785,000 of funds available to the Forest Service
    shall be transferred to the Working Capital Fund of the Department of
    Agriculture and not more than $19,400,000 of funds available to the
    Forest Service shall be transferred to the Department of Agriculture
    for Department Reimbursable Programs, commonly referred to as Greenbook
    charges. Nothing in this paragraph shall prohibit or limit the use of
    reimbursable agreements requested by the Forest Service in order to
    obtain services from the Department of Agriculture's National
    Information Technology Center.
        Funds available to the Forest Service shall be available to conduct
    a program of up to $5,000,000 for priority projects within the scope of
    the approved budget, of which $2,500,000 shall be carried out by the
    Youth Conservation Corps and $2,500,000 shall be carried out under the
    authority of the Public Lands Corps Healthy Forests Restoration Act of
    2005, Public Law 109-154.
        Of the funds available to the Forest Service, $4,000 is available
    to the Chief of the Forest Service for official reception and
    representation expenses.
        Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of
    the funds available to the Forest Service, up to $2,000,000 may be
    advanced in a lump sum to the National Forest Foundation to aid
    conservation partnership projects in support of the Forest Service
    mission, without regard to when the Foundation incurs expenses, for
    administrative expenses or projects on or benefitting National Forest
    System lands or related to Forest Service programs: Provided, That, of
    the Federal funds made available to the Foundation, no more than
    $200,000 shall be available for administrative expenses: Provided
    further, That the Foundation shall obtain, by the end of the period of
    Federal financial assistance, private contributions to match on at
    least one-for-one basis funds made available by the Forest Service:
    Provided further, That the Foundation may transfer Federal funds to
    Federal or a non-Federal recipient for a project at the same rate that
    the recipient has obtained the non-Federal matching funds: Provided
    further, That authorized investments of Federal funds held by the
    Foundation may be made only in interest-bearing obligations of the
    United States or in obligations guaranteed as to both principal and
    interest by the United States.
        Pursuant to section 2(b)(2) of Public Law 98-244, $2,650,000 of the
    funds available to the Forest Service shall be advanced to the National
    Fish and Wildlife Foundation in a lump sum to aid cost-share
    conservation projects, without regard to when expenses are incurred, on
    or benefitting National Forest System lands or related to Forest
    Service programs: Provided, That such funds shall be matched on at
    least a one-for-one basis by the Foundation or its sub-recipients:
    Provided further, That the Foundation may transfer Federal funds to a
    Federal or non-Federal recipient for a project at the same rate that
    the recipient has obtained the non-Federal matching funds.
        Funds appropriated to the Forest Service shall be available for
    interactions with and providing technical assistance to rural
    communities and natural resource-based businesses for sustainable rural
    development purposes.
        Funds appropriated to the Forest Service shall be available for
    payments to counties within the Columbia River Gorge National Scenic
    Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of
    Public Law 99-663.
        An eligible individual who is employed in any project funded under
    title V of the Older American Act of 1965 (42 U.S.C. 3056 et seq.) and
    administered by the Forest Service shall be considered to be a Federal
    employee for purposes of chapter 171 of title 28, United States Code.
        Any funds appropriated to the Forest Service may be used to meet
    the non-Federal share requirement in section 502(c) of the Older
    American Act of 1965 (42 U.S.C. 3056(c)(2)).
        Funds available to the Forest Service, not to exceed $55,000,000,
    shall be assessed for the purpose of performing fire, administrative
    and other facilities maintenance. Such assessments shall occur using a
    square foot rate charged on the same basis the agency uses to assess
    programs for payment of rent, utilities, and other support services.
        Notwithstanding any other provision of law, any appropriations or
    funds available to the Forest Service not to exceed $500,000 may be
    used to reimburse the Office of the General Counsel (OGC), Department
    of Agriculture, for travel and related expenses incurred as a result of
    OGC assistance or participation requested by the Forest Service at
    meetings, training sessions, management reviews, land purchase
    negotiations and similar non-litigation related matters. Future budget
    justifications for both the Forest Service and the Department of
    Agriculture should clearly display the sums previously transferred and
    the requested funding transfers.
        Funds provided to the Forest Service in this Act may be used for
    the purpose of expenses associated with primary and secondary schooling
    for the 2009-2010 school year of dependents of agency personnel
    stationed in Puerto Rico, at a cost not in excess of those authorized
    by the Department of Defense for that same area, when it is determined
    by the Chief of the Forest Service that public schools available in the
    locality are unable to provide adequately for the education of such
    dependents.

                    DEPARTMENT OF HEALTH AND HUMAN SERVICES

                             Indian Health Service

                             indian health services

        For expenses necessary to carry out the Act of August 5, 1954 (68
    Stat. 674), the Indian Self-Determination Act, the Indian Health Care
    Improvement Act, and titles II and III of the Public Health Service Act
    with respect to the Indian Health Service, $3,639,868,000, together
    with payments received during the fiscal year pursuant to 42 U.S.C.
    238(b) and 238b for services furnished by the Indian Health Service:
    Provided, That funds made available to tribes and tribal organizations
    through contracts, grant agreements, or any other agreements or
    compacts authorized by the Indian Self-Determination and Education
    Assistance Act of 1975 (25 U.S.C. 450), shall be deemed to be obligated
    at the time of the grant or contract award and thereafter shall remain
    available to the tribe or tribal organization without fiscal year
    limitation: Provided further, That $779,347,000 for contract medical
    care, including $48,000,000 for the Indian Catastrophic Health
    Emergency Fund, shall remain available until expended: Provided
    further, That $18,251,000 is provided for Headquarters operations and
    information technology activities and, notwithstanding any other
    provision of law, the amount available under this proviso shall be
    allocated at the discretion of the Director of the Indian Health
    Service: Provided further, That of the funds provided, up to
    $32,000,000 shall remain available until expended for implementation of
    the loan repayment program under section 108 of the Indian Health Care
    Improvement Act: Provided further, That $16,391,000 is provided for the
    methamphetamine and suicide prevention and treatment initiative and
    $7,500,000 is provided for the domestic violence prevention initiative
    and, notwithstanding any other provision of law, the amounts available
    under this proviso shall be allocated at the discretion of the Director
    of the Indian Health Service and shall remain available until expended:
    Provided further, That funds provided in this Act may be used for
    annual contracts and grants that fall within two fiscal years, provided
    the total obligation is recorded in the year the funds are
    appropriated: Provided further, That the amounts collected by the
    Secretary of Health and Human Services under the authority of title IV
    of the Indian Health Care Improvement Act shall remain available until
    expended for the purpose of achieving compliance with the applicable
    conditions and requirements of titles XVIII and XIX of the Social
    Security Act, except for those related to the planning, design, or
    construction of new facilities: Provided further, That funding
    contained herein for scholarship programs under the Indian Health Care
    Improvement Act (25 U.S.C. 1613) shall remain available until expended:
    Provided further, That amounts received by tribes and tribal
    organizations under title IV of the Indian Health Care Improvement Act
    shall be reported and accounted for and available to the receiving
    tribes and tribal organizations until expended: Provided further, That,
    notwithstanding any other provision of law, of the amounts provided
    herein, not to exceed $389,490,000 shall be for payments to tribes and
    tribal organizations for contract or grant support costs associated
    with contracts, grants, self-governance compacts, or annual funding
    agreements between the Indian Health Service and a tribe or tribal
    organization pursuant to the Indian Self-Determination Act of 1975, as
    amended, prior to or during fiscal year 2010, of which not to exceed
    $5,000,000 may be used for contract support costs associated with new
    or expanded self-determination contracts, grants, self-governance
    compacts, or annual funding agreements: Provided further, That the
    Bureau of Indian Affairs may collect from the Indian Health Service,
    tribes and tribal organizations operating health facilities pursuant to
    Public Law 93-638, such individually identifiable health information
    relating to disabled children as may be necessary for the purpose of
    carrying out its functions under the Individuals with Disabilities
    Education Act (20 U.S.C. 1400, et seq.): Provided further, That the
    Indian Health Care Improvement Fund may be used, as needed, to carry
    out activities typically funded under the Indian Health Facilities
    account.

                            indian health facilities

        For construction, repair, maintenance, improvement, and equipment
    of health and related auxiliary facilities, including quarters for
    personnel; preparation of plans, specifications, and drawings;
    acquisition of sites, purchase and erection of modular buildings, and
    purchases of trailers; and for provision of domestic and community
    sanitation facilities for Indians, as authorized by section 7 of the
    Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination
    Act, and the Indian Health Care Improvement Act, and for expenses
    necessary to carry out such Acts and titles II and III of the Public
    Health Service Act with respect to environmental health and facilities
    support activities of the Indian Health Service, $394,757,000, to
    remain available until expended: Provided, That notwithstanding any
    other provision of law, funds appropriated for the planning, design,
    construction, renovation or expansion of health facilities for the
    benefit of an Indian tribe or tribes may be used to purchase land on
    which such facilities will be located: Provided further, That not to
    exceed $500,000 shall be used by the Indian Health Service to purchase
    TRANSAM equipment from the Department of Defense for distribution to
    the Indian Health Service and tribal facilities: Provided further, That
    none of the funds appropriated to the Indian Health Service may be used
    for sanitation facilities construction for new homes funded with grants
    by the housing programs of the United States Department of Housing and
    Urban Development: Provided further, That not to exceed $2,700,000 from
    this account and the ``Indian Health Services'' account shall be used
    by the Indian Health Service to obtain ambulances for the Indian Health
    Service and tribal facilities in conjunction with an existing
    interagency agreement between the Indian Health Service and the General
    Services Administration: Provided further, That not to exceed $500,000
    shall be placed in a Demolition Fund, to remain available until
    expended, and be used by the Indian Health Service for the demolition
    of Federal buildings.

                administrative provisions, indian health service

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

                         National Institutes of Health

              national institute of environmental health sciences

        For necessary expenses for the National Institute of Environmental
    Health Sciences in carrying out activities set forth in section 311(a)
    of the Comprehensive Environmental Response, Compensation, and
    Liability Act of 1980, as amended, and section 126(g) of the Superfund
    Amendments and Reauthorization Act of 1986, $79,212,000.

                Agency for Toxic Substances and Disease Registry

                toxic substances and environmental public health

        For necessary expenses for the Agency for Toxic Substances and
    Disease Registry (ATSDR) in carrying out activities set forth in
    sections 104(i) and 111(c)(4) of the Comprehensive Environmental
    Response, Compensation, and Liability Act of 1980 (CERCLA), as amended;
    section 118(f) of the Superfund Amendments and Reauthorization Act of
    1986 (SARA), as amended; and section 3019 of the Solid Waste Disposal
    Act, as amended, $76,792,000, of which up to $1,000 to remain available
    until expended, is for Individual Learning Accounts for full-time
    equivalent employees of the Agency for Toxic Substances and Disease
    Registry: Provided, That notwithstanding any other provision of law, in
    lieu of performing a health assessment under section 104(i)(6) of
    CERCLA, the Administrator of ATSDR may conduct other appropriate health
    studies, evaluations, or activities, including, without limitation,
    biomedical testing, clinical evaluations, medical monitoring, and
    referral to accredited health care providers: Provided further, That in
    performing any such health assessment or health study, evaluation, or
    activity, the Administrator of ATSDR shall not be bound by the
    deadlines in section 104(i)(6)(A) of CERCLA: Provided further, That
    none of the funds appropriated under this heading shall be available
    for ATSDR to issue in excess of 40 toxicological profiles pursuant to
    section 104(i) of CERCLA during fiscal year 2010, and existing profiles
    may be updated as necessary.

                             OTHER RELATED AGENCIES

                       Executive Office of the President

      council on environmental quality and office of environmental quality

        For necessary expenses to continue functions assigned to the
    Council on Environmental Quality and Office of Environmental Quality
    pursuant to the National Environmental Policy Act of 1969, the
    Environmental Quality Improvement Act of 1970, and Reorganization Plan
    No. 1 of 1977, and not to exceed $750 for official reception and
    representation expenses, $3,159,000: Provided, That notwithstanding
    section 202 of the National Environmental Policy Act of 1970, the
    Council shall consist of one member, appointed by the President, by and
    with the advice and consent of the Senate, serving as chairman and
    exercising all powers, functions, and duties of the Council.

                 Chemical Safety and Hazard Investigation Board

                             salaries and expenses

                         (including transfer of funds)

        For necessary expenses in carrying out activities pursuant to
    section 112(r)(6) of the Clean Air Act, as amended, including hire of
    passenger vehicles, uniforms or allowances therefor, as authorized by 5
    U.S.C. 5901-5902, and for services authorized by 5 U.S.C. 3109 but at
    rates for individuals not to exceed the per diem equivalent to the
    maximum rate payable for senior level positions under 5 U.S.C. 5376,
    $11,195,000.

                  Office of Navajo and Hopi Indian Relocation

                             salaries and expenses

        For necessary expenses of the Office of Navajo and Hopi Indian
    Relocation as authorized by Public Law 93-531, $8,000,000, to remain
    available until expended: Provided, That funds provided in this or any
    other appropriations Act are to be used to relocate eligible
    individuals and groups including evictees from District 6, Hopi-
    partitioned lands residents, those in significantly substandard
    housing, and all others certified as eligible and not included in the
    preceding categories: Provided further, That none of the funds
    contained in this or any other Act may be used by the Office of Navajo
    and Hopi Indian Relocation to evict any single Navajo or Navajo family
    who, as of November 30, 1985, was physically domiciled on the lands
    partitioned to the Hopi Tribe unless a new or replacement home is
    provided for such household: Provided further, That no relocatee will
    be provided with more than one new or replacement home: Provided
    further, That the Office shall relocate any certified eligible
    relocatees who have selected and received an approved homesite on the
    Navajo reservation or selected a replacement residence off the Navajo
    reservation or on the land acquired pursuant to 25 U.S.C. 640d-10.

        Institute of American Indian and Alaska Native Culture and Arts
                                  Development

                            payment to the institute

        For payment to the Institute of American Indian and Alaska Native
    Culture and Arts Development, as authorized by title XV of Public Law
    99-498, as amended (20 U.S.C. 56 part A), $8,300,000.

                            Smithsonian Institution

                             salaries and expenses

        For necessary expenses of the Smithsonian Institution, as
    authorized by law, including research in the fields of art, science,
    and history; development, preservation, and documentation of the
    National Collections; presentation of public exhibits and performances;
    collection, preparation, dissemination, and exchange of information and
    publications; conduct of education, training, and museum assistance
    programs; maintenance, alteration, operation, lease agreements of no
    more than 30 years, and protection of buildings, facilities, and
    approaches; not to exceed $100,000 for services as authorized by 5
    U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for
    employees, $634,161,000, of which not to exceed $19,117,000 for the
    instrumentation program, collections acquisition, exhibition
    reinstallation, the National Museum of African American History and
    Culture, and the repatriation of skeletal remains program shall remain
    available until expended; of which $1,553,000 for fellowships and
    scholarly awards shall remain available until September 30, 2011; of
    which $250,000 may be made available to carry out activities under the
    Civil Rights History Project Act of 2009 (20 U.S.C. 80s et seq.), to
    remain available until expended; and including such funds as may be
    necessary to support American overseas research centers: Provided, That
    funds appropriated herein are available for advance payments to
    independent contractors performing research services or participating
    in official Smithsonian presentations.

                               facilities capital

        For necessary expenses of repair, revitalization, and alteration of
    facilities owned or occupied by the Smithsonian Institution, by
    contract or otherwise, as authorized by section 2 of the Act of August
    22, 1949 (63 Stat. 623), and for construction, including necessary
    personnel, $125,000,000, to remain available until expended, of which
    not to exceed $10,000 is for services as authorized by 5 U.S.C. 3109.

                                  legacy fund

                        (including rescission of funds)

        For the purpose of developing a public-private partnership to
    facilitate the reopening of the Arts and Industries Building of the
    Smithsonian Institution, $30,000,000, to remain available until
    expended, for repair, renovation and revitalization of the building:
    Provided, That such funds shall be matched on a 1:1 basis by private
    donations: Provided further, That major in-kind donations that
    contribute significantly to the redesign and purpose of the reopened
    building be considered to qualify toward the total private match:
    Provided further, That privately contributed endowments, which are
    designated for the care and renewal of permanent exhibitions installed
    in the Arts and Industries Building, be considered as qualifying toward
    the total private match: Provided further, That this appropriation may
    be made available to the Smithsonian Institution incrementally as
    private funding becomes available: Provided further, That any other
    provision of law that adjusts the overall amount of the Federal
    appropriation for this account shall also apply to the privately
    contributed requirement: Provided further, That the unobligated
    balances provided under this heading in Public Law 110-161 and Public
    Law 111-8 are hereby rescinded.

                            National Gallery of Art

                             salaries and expenses

        For the upkeep and operations of the National Gallery of Art, the
    protection and care of the works of art therein, and administrative
    expenses incident thereto, as authorized by the Act of March 24, 1937
    (50 Stat. 51), as amended by the public resolution of April 13, 1939
    (Public Resolution 9, Seventy-sixth Congress), including services as
    authorized by 5 U.S.C. 3109; payment in advance when authorized by the
    treasurer of the Gallery for membership in library, museum, and art
    associations or societies whose publications or services are available
    to members only, or to members at a price lower than to the general
    public; purchase, repair, and cleaning of uniforms for guards, and
    uniforms, or allowances therefor, for other employees as authorized by
    law (5 U.S.C. 5901-5902); purchase or rental of devices and services
    for protecting buildings and contents thereof, and maintenance,
    alteration, improvement, and repair of buildings, approaches, and
    grounds; and purchase of services for restoration and repair of works
    of art for the National Gallery of Art by contracts made, without
    advertising, with individuals, firms, or organizations at such rates or
    prices and under such terms and conditions as the Gallery may deem
    proper, $110,746,000, of which not to exceed $3,386,000 for the special
    exhibition program shall remain available until expended.

                repair, restoration and renovation of buildings

        For necessary expenses of repair, restoration and renovation of
    buildings, grounds and facilities owned or occupied by the National
    Gallery of Art, by contract or otherwise, as authorized, $54,499,000,
    to remain available until expended: Provided, That of this amount, up
    to $40,000,000 shall be available for repair of the National Gallery's
    East Building facade: Provided further, That notwithstanding any other
    provision of law, a single procurement for the foregoing Major Critical
    Project may be issued which includes the full scope of the project:
    Provided further, That the solicitation and contract shall contain the
    clause ``availability of funds'' found at 48 CFR 52.232.18: Provided
    further, That contracts awarded for environmental systems, protection
    systems, and exterior repair or renovation of buildings of the National
    Gallery of Art may be negotiated with selected contractors and awarded
    on the basis of contractor qualifications as well as price.

                 John F. Kennedy Center for the Performing Arts

                           operations and maintenance

        For necessary expenses for the operation, maintenance and security
    of the John F. Kennedy Center for the Performing Arts, $22,500,000.

                         capital repair and restoration

        For necessary expenses for capital repair and restoration of the
    existing features of the building and site of the John F. Kennedy
    Center for the Performing Arts, $17,447,000, to remain available until
    expended.

                Woodrow Wilson International Center for Scholars

                             salaries and expenses

        For expenses necessary in carrying out the provisions of the
    Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of
    passenger vehicles and services as authorized by 5 U.S.C. 3109,
    $10,225,000.

               National Foundation on the Arts and the Humanities

                        National Endowment for the Arts

                           grants and administration

        For necessary expenses to carry out the National Foundation on the
    Arts and the Humanities Act of 1965, as amended, $161,315,000 shall be
    available to the National Endowment for the Arts for the support of
    projects and productions in the arts, including arts education and
    public outreach activities, through assistance to organizations and
    individuals pursuant to section 5 of the Act, for program support, and
    for administering the functions of the Act, to remain available until
    expended: Provided, That funds appropriated herein shall be expended in
    accordance with sections 309 and 311 of Public Law 108-447.

                     National Endowment for the Humanities

                           grants and administration

        For necessary expenses to carry out the National Foundation on the
    Arts and the Humanities Act of 1965, as amended, $161,315,000, to
    remain available until expended, of which $147,015,000 shall be
    available for support of activities in the humanities, pursuant to
    section 7(c) of the Act and for administering the functions of the Act;
    and $14,300,000 shall be available to carry out the matching grants
    program pursuant to section 10(a)(2) of the Act including $9,500,000
    for the purposes of section 7(h): Provided, That appropriations for
    carrying out section 10(a)(2) shall be available for obligation only in
    such amounts as may be equal to the total amounts of gifts, bequests,
    and devises of money, and other property accepted by the chairman or by
    grantees of the Endowment under the provisions of subsections
    11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal
    years for which equal amounts have not previously been appropriated.

                           administrative provisions

        None of the funds appropriated to the National Foundation on the
    Arts and the Humanities may be used to process any grant or contract
    documents which do not include the text of 18 U.S.C. 1913.
        None of the funds appropriated to the National Foundation on the
    Arts and the Humanities may be used for official reception and
    representation expenses: Provided, That funds from nonappropriated
    sources may be used as necessary for official reception and
    representation expenses.
        The Chairperson of the National Endowment for the Arts may approve
    grants of up to $10,000, if in the aggregate this amount does not
    exceed 5 percent of the sums appropriated for grant-making purposes per
    year: Provided, That such small grant actions are taken pursuant to the
    terms of an expressed and direct delegation of authority from the
    National Council on the Arts to the Chairperson.

                            Commission of Fine Arts

                             salaries and expenses

        For expenses made necessary by the Act establishing a Commission of
    Fine Arts (40 U.S.C. 104), $2,294,000: Provided, That the Commission is
    authorized to charge fees to cover the full costs of its publications,
    and such fees shall be credited to this account as an offsetting
    collection, to remain available until expended without further
    appropriation: Provided further, That the Commission is authorized to
    accept gifts, including objects, papers, artwork, drawings and
    artifacts, that pertain to the history and design of the Nation's
    Capital or the history and activities of the Commission of Fine Arts,
    for the purpose of artistic display, study or education.

                   national capital arts and cultural affairs

        For necessary expenses as authorized by Public Law 99-190 (20
    U.S.C. 956a), as amended, $9,500,000: Provided, That no organization
    shall receive a grant in excess of $650,000 in a single year.

                   Advisory Council on Historic Preservation

                             salaries and expenses

        For necessary expenses of the Advisory Council on Historic
    Preservation (Public Law 89-665, as amended), $5,908,000: Provided,
    That none of these funds shall be available for compensation of level V
    of the Executive Schedule or higher positions.

                      National Capital Planning Commission

                             salaries and expenses

        For necessary expenses, as authorized by the National Capital
    Planning Act of 1952 (40 U.S.C. 71-71i), including services as
    authorized by 5 U.S.C. 3109, $8,507,000: Provided, That one-quarter of
    1 percent of the funds provided under this heading may be used for
    official reception and representational expenses associated with
    hosting international visitors engaged in the planning and physical
    development of world capitals.

                    United States Holocaust Memorial Museum

                           holocaust memorial museum

        For expenses of the Holocaust Memorial Museum, as authorized by
    Public Law 106-292 (36 U.S.C. 2301-2310), $49,122,000, of which
    $515,000 for the Museum's equipment replacement program, $1,900,000 for
    the museum's repair and rehabilitation program and $1,264,000 for the
    museum's exhibition design and production program shall remain
    available until expended.

                                 Presidio Trust

                              presidio trust fund

        For necessary expenses to carry out title I of the Omnibus Parks
    and Public Lands Management Act of 1996, $17,230,000 shall be available
    to the Presidio Trust, to remain available until expended.

                    Dwight D. Eisenhower Memorial Commission

                             salaries and expenses

        For necessary expenses, including the costs of construction design,
    of the Dwight D. Eisenhower Memorial Commission, $3,000,000, to remain
    available until expended.

                              capital construction

        For necessary expenses of the Dwight D. Eisenhower Memorial
    Commission for design and construction of a memorial in honor of Dwight
    D. Eisenhower, as authorized by Public Law 106-79, $16,000,000, to
    remain available until expended.

                                    TITLE IV

                               GENERAL PROVISIONS

                       limitation on consulting services

                         (including transfers of funds)

        Sec. 401.  The expenditure of any appropriation under this Act for
    any consulting service through procurement contract, pursuant to 5
    U.S.C. 3109, shall be limited to those contracts where such
    expenditures are a matter of public record and available for public
    inspection, except where otherwise provided under existing law, or
    under existing Executive Order issued pursuant to existing law.

                          restriction on use of funds

        Sec. 402.  No part of any appropriation contained in this Act shall
    be available for any activity or the publication or distribution of
    literature that in any way tends to promote public support or
    opposition to any legislative proposal on which Congressional action is
    not complete other than to communicate to Members of Congress as
    described in 18 U.S.C. 1913.

               prohibition on use of funds for personal services

        Sec. 403.  None of the funds provided in this Act to any department
    or agency shall be obligated or expended to provide a personal cook,
    chauffeur, or other personal servants to any officer or employee of
    such department or agency except as otherwise provided by law.

                     disclosure of administrative expenses

        Sec. 404.  Estimated overhead charges, deductions, reserves or
    holdbacks from programs, projects, activities and subactivities to
    support government-wide, departmental, agency or bureau administrative
    functions or headquarters, regional or central operations shall be
    presented in annual budget justifications and subject to approval by
    the Committees on Appropriations. Changes to such estimates shall be
    presented to the Committees on Appropriations for approval.

                                 giant sequoia

        Sec. 405.  None of the funds in this Act may be used to plan,
    prepare, or offer for sale timber from trees classified as giant
    sequoia (Sequoiadendron giganteum) which are located on National Forest
    System or Bureau of Land Management lands in a manner different than
    such sales were conducted in fiscal year 2009.

                              mining applications

        Sec. 406. (a) None of the funds appropriated or otherwise made
    available pursuant to this Act shall be obligated or expended to accept
    or process applications for a patent for any mining or mill site claim
    located under the general mining laws.
        (b) Exceptions.--The provisions of subsection (a) shall not apply
    if the Secretary of the Interior determines that, for the claim
    concerned: (1) a patent application was filed with the Secretary on or
    before September 30, 1994; and (2) all requirements established under
    sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30)
    for vein or lode claims and sections 2329, 2330, 2331, and 2333 of the
    Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and
    section 2337 of the Revised Statutes (30 U.S.C. 42) for mill site
    claims, as the case may be, were fully complied with by the applicant
    by that date.
        (c) Report.--On September 30, 2010, the Secretary of the Interior
    shall file with the House and Senate Committees on Appropriations and
    the Committee on Natural Resources of the House of Representatives and
    the Committee on Energy and Natural Resources of the Senate a report on
    actions taken by the Department under the plan submitted pursuant to
    section 314(c) of the Department of the Interior and Related Agencies
    Appropriations Act, 1997 (Public Law 104-208).
        (d) Mineral Examinations.--In order to process patent applications
    in a timely and responsible manner, upon the request of a patent
    applicant, the Secretary of the Interior shall allow the applicant to
    fund a qualified third-party contractor to be selected by the Bureau of
    Land Management to conduct a mineral examination of the mining claims
    or mill sites contained in a patent application as set forth in
    subsection (b). The Bureau of Land Management shall have the sole
    responsibility to choose and pay the third-party contractor in
    accordance with the standard procedures employed by the Bureau of Land
    Management in the retention of third-party contractors.

                             contract support costs

        Sec. 407.  Notwithstanding any other provision of law, amounts
    appropriated to or otherwise designated in committee reports for the
    Bureau of Indian Affairs and the Indian Health Service by Public Laws
    103-138, 103-332, 104-134, 104-208, 105-83, 105-277, 106-113, 106-291,
    107-63, 108-7, 108-108, 108-447, 109-54, 109-289, division B and
    Continuing Appropriations Resolution, 2007 (division B of Public Law
    109-289, as amended by Public Laws 110-5 and 110-28), and Public Laws
    110-92, 110-116, 110-137, 110-149, 110-161, 110-329, 111-6, and 111-8
    for payments for contract support costs associated with self-
    determination or self-governance contracts, grants, compacts, or annual
    funding agreements with the Bureau of Indian Affairs or the Indian
    Health Service as funded by such Acts, are the total amounts available
    for fiscal years 1994 through 2009 for such purposes, except that for
    the Bureau of Indian Affairs, tribes and tribal organizations may use
    their tribal priority allocations for unmet contract support costs of
    ongoing contracts, grants, self-governance compacts, or annual funding
    agreements.

                            forest management plans

        Sec. 408.  Prior to October 1, 2010, the Secretary of Agriculture
    shall not be considered to be in violation of subparagraph 6(f)(5)(A)
    of the Forest and Rangeland Renewable Resources Planning Act of 1974
    (16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years have passed
    without revision of the plan for a unit of the National Forest System.
    Nothing in this section exempts the Secretary from any other
    requirement of the Forest and Rangeland Renewable Resources Planning
    Act (16 U.S.C. 1600 et seq.) or any other law: Provided, That if the
    Secretary is not acting expeditiously and in good faith, within the
    funding available, to revise a plan for a unit of the National Forest
    System, this section shall be void with respect to such plan and a
    court of proper jurisdiction may order completion of the plan on an
    accelerated basis.

                     prohibition within national monuments

        Sec. 409.  No funds provided in this Act may be expended to conduct
    preleasing, leasing and related activities under either the Mineral
    Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf
    Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National
    Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431
    et seq.) as such boundary existed on January 20, 2001, except where
    such activities are allowed under the Presidential proclamation
    establishing such monument.

                international firefighter cooperative agreements

        Sec. 410.  In entering into agreements with foreign countries
    pursuant to the Wildfire Suppression Assistance Act (42 U.S.C. 1856m)
    the Secretary of Agriculture and the Secretary of the Interior are
    authorized to enter into reciprocal agreements in which the individuals
    furnished under said agreements to provide wildfire services are
    considered, for purposes of tort liability, employees of the country
    receiving said services when the individuals are engaged in fire
    suppression: Provided, That the Secretary of Agriculture or the
    Secretary of the Interior should not enter into any agreement under
    this provision unless the foreign country (either directly or through
    its fire organization) agrees to assume any and all liability for the
    acts or omissions of American firefighters engaged in firefighting in a
    foreign country: Provided further, That when an agreement is reached
    for furnishing fire fighting services, the only remedies for acts or
    omissions committed while fighting fires shall be those provided under
    the laws of the host country, and those remedies shall be the exclusive
    remedies for any claim arising out of fighting fires in a foreign
    country: Provided further, That neither the sending country nor any
    legal organization associated with the firefighter shall be subject to
    any legal action whatsoever pertaining to or arising out of the
    firefighter's role in fire suppression.

                            contracting authorities

        Sec. 411.  In awarding a Federal contract with funds made available
    by this Act, notwithstanding Federal Government procurement and
    contracting laws, the Secretary of Agriculture and the Secretary of the
    Interior (the ``Secretaries'') may, in evaluating bids and proposals,
    give consideration to local contractors who are from, and who provide
    employment and training for, dislocated and displaced workers in an
    economically disadvantaged rural community, including those
    historically timber-dependent areas that have been affected by reduced
    timber harvesting on Federal lands and other forest-dependent rural
    communities isolated from significant alternative employment
    opportunities: Provided, That notwithstanding Federal Government
    procurement and contracting laws the Secretaries may award contracts,
    grants or cooperative agreements to local non-profit entities, Youth
    Conservation Corps or related partnerships with State, local or non-
    profit youth groups, or small or micro-business or disadvantaged
    business: Provided further, That the contract, grant, or cooperative
    agreement is for forest hazardous fuels reduction, watershed or water
    quality monitoring or restoration, wildlife or fish population
    monitoring, or habitat restoration or management: Provided further,
    That the terms ``rural community'' and ``economically disadvantaged''
    shall have the same meanings as in section 2374 of Public Law 101-624:
    Provided further, That the Secretaries shall develop guidance to
    implement this section: Provided further, That nothing in this section
    shall be construed as relieving the Secretaries of any duty under
    applicable procurement laws, except as provided in this section.

                          prohibition on use of funds

        Sec. 412.  None of the funds made available by this or any other
    Act may be used in fiscal year 2010 for competitive sourcing studies
    and any related activities involving Forest Service personnel.

                             limitation on takings

        Sec. 413.  Unless otherwise provided herein, no funds appropriated
    in this Act for the acquisition of lands or interests in lands may be
    expended for the filing of declarations of taking or complaints in
    condemnation without the approval of the House and Senate Committees on
    Appropriations: Provided, That this provision shall not apply to funds
    appropriated to implement the Everglades National Park Protection and
    Expansion Act of 1989, or to funds appropriated for Federal assistance
    to the State of Florida to acquire lands for Everglades restoration
    purposes.

                      hunters point environmental cleanup

        Sec. 414.  In addition to the amounts otherwise provided to the
    Environmental Protection Agency in this Act, $8,000,000, to remain
    available until expended, is provided to EPA to be transferred to the
    Department of the Navy for clean-up activities at the Treasure Island
    Naval Station--Hunters Point Annex.

                          extension of grazing permits

        Sec. 415.  Section 325 of Public Law 108-108 is amended by striking
    ``fiscal years 2004-2008'' and inserting ``fiscal year 2010.''

                       alaska native health care services

        Sec. 416. (a) Notwithstanding any other provision of law and until
    October 1, 2011, the Indian Health Service may not disburse funds for
    the provision of health care services pursuant to Public Law 93-638 (25
    U.S.C. 450 et seq.) to any Alaska Native village or Alaska Native
    village corporation that is located within the area served by an Alaska
    Native regional health entity.
        (b) Nothing in this section shall be construed to prohibit the
    disbursal of funds to any Alaska Native village or Alaska Native
    village corporation under any contract or compact entered into prior to
    May 1, 2006, or to prohibit the renewal of any such agreement.
        (c) For the purpose of this section, Eastern Aleutian Tribes, Inc.,
    the Council of Athabascan Tribal Governments, and the Native Village of
    Eyak shall be treated as Alaska Native regional health entities to
    which funds may be disbursed under this section.

                            timber sale requirements

        Sec. 417.  No timber sale in Region 10 shall be advertised if the
    indicated rate is deficit when appraised using a residual value
    approach that assigns domestic Alaska values for western red cedar.
    Program accomplishments shall be based on volume sold. Should Region 10
    sell, in the current fiscal year, the annual average portion of the
    decadal allowable sale quantity called for in the current Tongass Land
    Management Plan in sales which are not deficit when appraised using a
    residual value approach that assigns domestic Alaska values for western
    red cedar, all of the western red cedar timber from those sales which
    is surplus to the needs of domestic processors in Alaska, shall be made
    available to domestic processors in the contiguous 48 United States at
    prevailing domestic prices. Should Region 10 sell, in the current
    fiscal year, less than the annual average portion of the decadal
    allowable sale quantity called for in the Tongass Land Management Plan
    in sales which are not deficit when appraised using a residual value
    approach that assigns domestic Alaska values for western red cedar, the
    volume of western red cedar timber available to domestic processors at
    prevailing domestic prices in the contiguous 48 United States shall be
    that volume: (1) which is surplus to the needs of domestic processors
    in Alaska; and (2) is that percent of the surplus western red cedar
    volume determined by calculating the ratio of the total timber volume
    which has been sold on the Tongass to the annual average portion of the
    decadal allowable sale quantity called for in the current Tongass Land
    Management Plan. The percentage shall be calculated by Region 10 on a
    rolling basis as each sale is sold (for purposes of this amendment, a
    ``rolling basis'' shall mean that the determination of how much western
    red cedar is eligible for sale to various markets shall be made at the
    time each sale is awarded). Western red cedar shall be deemed ``surplus
    to the needs of domestic processors in Alaska'' when the timber sale
    holder has presented to the Forest Service documentation of the
    inability to sell western red cedar logs from a given sale to domestic
    Alaska processors at a price equal to or greater than the log selling
    value stated in the contract. All additional western red cedar volume
    not sold to Alaska or contiguous 48 United States domestic processors
    may be exported to foreign markets at the election of the timber sale
    holder. All Alaska yellow cedar may be sold at prevailing export prices
    at the election of the timber sale holder.

                  colorado cooperative conservation authority

        Sec. 418.  Section 331 of the Department of the Interior and
    Related Agencies Appropriations Act, 2001, as amended, is amended in
    subsection (e) by striking ``September 30, 2009,'' and inserting
    ``September 30, 2014,''.

                    national council on the arts membership

        Sec. 419.  Section 6 of the National Foundation on the Arts and the
    Humanities Act of 1965 (Public Law 89-209, 20 U.S.C. 955), as amended,
    is further amended as follows:
                (1) In the first sentence of subsection (b)(1)(C), by
            striking ``14'' and inserting in lieu thereof ``18''; and
                (2) In the second sentence of subsection (d)(1), by
            striking ``Eight'' and inserting in lieu thereof ``Ten''.

                          prohibition on use of funds

        Sec. 420.  Notwithstanding any other provision of law, none of the
    funds made available in this Act or any other Act may be used to
    promulgate or implement any regulation requiring the issuance of
    permits under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for
    carbon dioxide, nitrous oxide, water vapor, or methane emissions
    resulting from biological processes associated with livestock
    production.

                     greenhouse gas reporting restrictions

        Sec. 421.  Notwithstanding any other provision of law, none of the
    funds made available in this Act or any other Act may be used to
    implement any rule that requires mandatory reporting of greenhouse gas
    emissions from manure management systems emitting less than 25,000 tons
    of carbon dioxide equivalent per year.

                       congressionally directed spending

        Sec. 422.  Within the amounts appropriated in this Act, funding
    shall be allocated in the amounts specified for those projects and
    purposes delineated in the table titled ``Congressionally Directed
    Spending'' included in the committee report accompanying this Act.

                          prohibition on use of funds

        Sec. 423. None of the funds made available under this Act may be
    distributed to the Association of Community Organizations for Reform
    Now (ACORN) or its subsidiaries.

     prohibition on use of wildland fire management stimulus funds in the
                              district of columbia

        Sec. 424.  Notwithstanding any other provision of law, none of the
    funds made available under the American Recovery and Reinvestment Act
    of 2009 (Public Law 111-5; 123 Stat. 115) for wildland fire management
    shall be used in the District of Columbia.

                         jungo disposal site evaluation

        Sec. 425.  Using funds made available under this Act, the Director
    of the United States Geological Survey may conduct an evaluation of the
    aquifers in the area of the Jungo Disposal Site in Humboldt County,
    Nevada (referred to in this section as the ``site''), to evaluate--
                (1) how long it would take waste seepage (including
            asbestos, discarded tires, and sludge from water treatment
            plants) from the site to contaminate local underground water
            resources;
                (2) the distance that contamination from the site would
            travel in each of--
                        (A) 95 years; and
                        (B) 190 years;
                (3) the potential impact of expected waste seepage from the
            site on nearby surface water resources, including Rye Patch
            Reservoir and the Humboldt River;
                (4) the size and elevation of the aquifers; and
                (5) any impact that the waste seepage from the site would
            have on the municipal water resources of Winnemucca, Nevada.

                             buyout and relocation

        Sec. 426.  (a) As soon as practicable after the date of enactment
    of this Act, the Administrator of the Environmental Protection Agency
    (referred to in this section as the ``Administrator'') is encouraged to
    consider all appropriate criteria, including cost-effectiveness,
    relating to the buyout and relocation of residents of properties in
    Treece, Kansas, that are subject to risk relating to, and that may
    endanger the health of occupants as a result of risks posed by, chat
    (as defined in section 278.1(b) of title 40, Code of Federal
    Regulations (as in effect on the date of enactment of this Act)).
        (b) For the purpose of the remedial action under the Comprehensive
    Environmental Response, Compensation, and Liability Act of 1980 (42
    U.S.C. 9601 et seq.) that includes permanent relocation of residents of
    Treece, Kansas, any such relocation shall not be subject to the Uniform
    Relocation Assistance and Real Property Acquisition Policies Act of
    1970 (42 U.S.C. 4601 et seq.).
        (c) Nothing in this section shall in any way affect, impede, or
    change the relocation or remediation activities pursuant to the Record
    of Decision Operable Unit 4, Chat Piles, Other Mine and Mill Waste, and
    Smelter Waste, Tar Creek Superfund Site, Ottawa County, Oklahoma
    (OKD980629844) issued by the Environmental Protection Agency Region 6
    on February 20, 2008, or any other previous Record of Decision at the
    Tar Creek, Oklahoma, National Priority List Site, by any Federal agency
    or through any funding by any Federal agency.
        Sec. 427.  Section 404(c) of the Agricultural Research, Extension,
    and Education Reform Act of 1998 (7 U.S.C. 7624(c)) is amended--
                (1) in paragraph (1), by striking ``Agricultural Research
            Service'' and inserting ``Department of Agriculture''; and
                (2) by adding at the end the following:
                ``(3) Authority of secretary.--To carry out a cooperative
            agreement with a private entity under paragraph (1), the
            Secretary may rent to the private entity equipment, the title
            of which is held by the Federal Government.''.
        Sec. 428.  It is the sense of the Senate that the Senate--
                (1) supports the National Vehicle Mercury Switch Recovery
            Program as an effective way to reduce mercury pollution from
            electric arc furnaces used by the steel industry to melt scrap
            metal from old vehicles; and
                (2) urges the founders of the Program to secure private
            sector financial support so that the successful efforts of the
            Program to reduce mercury pollution may continue.

                           national forest foundation

        Sec. 429.  Section 403(a) of the National Forest Foundation Act (16
    U.S.C. 583j-1(a)) is amended, in the first sentence, by striking
    ``fifteen Directors'' and inserting ``not more than 30 Directors''.

                                cabin user fees

        Sec. 430. Notwithstanding any other provision of law, none of the
    funds made available by this Act shall be used to increase the amount
    of cabin user fees under section 608 of the Cabin User Fee Fairness Act
    of 2000 (16 U.S.C. 6207) to an amount beyond the amount levied on
    December 31, 2009.

            flame fund for emergency wildfire suppression activities

        Sec. 431.  (a) Definitions.--In this section:
                (1) Federal land.--The term ``Federal land'' means--
                        (A) public land, as defined in section 103 of the
                    Federal Land Policy and Management Act of 1976 (43
                    U.S.C. 1702);
                        (B) units of the National Park System;
                        (C) refuges of the National Wildlife Refuge System;
                        (D) land held in trust by the United States for the
                    benefit of Indian tribes or members of an Indian tribe;
                    and
                        (E) land in the National Forest System, as defined
                    in section 11(a) of the Forest and Rangeland Renewable
                    Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
                (2) Flame fund.--The term ``Flame Fund'' means the Federal
            Land Assistance, Management, and Enhancement Fund established
            by subsection (b).
                (3) Secretaries.--The term ``Secretaries'' means the
            Secretary of the Interior and the Secretary of Agriculture,
            acting jointly.
                (4) Secretary concerned.--The term ``Secretary concerned''
            means--
                        (A) the Secretary of the Interior, with respect to
                    Federal land described in subparagraphs (A), (B), (C),
                    and (D) of paragraph (1); and
                        (B) the Secretary of Agriculture, with respect to
                    National Forest System land.
        (b) Establishment of Flame Fund.--There is established in the
    Treasury of the United States a fund to be known as the ``Federal Land
    Assistance, Management, and Enhancement Fund'', consisting of--
                (1) such amounts as are appropriated to the Flame Fund; and
                (2) such amounts as are transferred to the Flame Fund under
            subsection (d).
        (c) Funding.--
                (1) Authorization of appropriations.--
                        (A) In general.--There are authorized to be
                    appropriated to the Flame Fund such amounts as are
                    necessary to carry out this section.
                        (B) Congressional intent.--It is the intent of
                    Congress that the amounts appropriated to the Flame
                    Fund for each fiscal year should be not less than the
                    combined average amount expended by each Secretary
                    concerned for emergency wildfire suppression activities
                    over the 5 fiscal years preceding the fiscal year for
                    which amounts are appropriated.
                        (C) Availability.--Amounts appropriated to the
                    Flame Fund shall remain available until expended.
                (2) Appropriation.--There is appropriated to the Flame
            Fund, out of funds of the Treasury not otherwise appropriated,
            $834,000,000.
                (3) Sense of congress on designation of flame fund
            appropriations as emergency requirement.--It is the sense of
            Congress that further amounts appropriated to the Flame Fund
            should be designated as amounts necessary to meet emergency
            needs.
                (4) Notice of insufficient funds.--The Secretaries shall
            notify the congressional committees described in subsection
            (h)(2) if the Secretaries estimate that only 60 days worth of
            funding remains in the Flame Fund.
        (d) Transfer of Excess Wildfire Suppression Amounts Into Flame
    Fund.--At the end of each fiscal year, the Secretary concerned shall
    transfer to the Flame Fund amounts that--
                (1) are appropriated to the Secretary concerned for
            wildfire suppression activities for the fiscal year; but
                (2) are not obligated for wildfire suppression activities
            before the end of the fiscal year.
        (e) Use of Flame Fund.--
                (1) In general.--Subject to paragraphs (2), (3), and (4),
            amounts in the Flame Fund shall be available to the Secretary
            concerned to pay the costs of emergency wildfire suppression
            activities that are separate from amounts annually appropriated
            to the Secretary concerned for routine wildfire suppression
            activities.
                (2) Declaration required.--
                        (A) In general.--Amounts in the Flame Fund shall be
                    made available to the Secretary concerned only after
                    the Secretaries issue a declaration that a wildfire
                    suppression activity is eligible for funding from the
                    Flame Fund.
                        (B) Declaration criteria.--A declaration by the
                    Secretaries under subparagraph (A) may be issued only
                    if--
                                (i) in the case of an individual wildfire
                            incident--
                                        (I) the fire covers 300 or more
                                    acres; and
                                        (II) the Secretaries determine that
                                    the fire has required an emergency
                                    Federal response based on the
                                    significant complexity, severity, or
                                    threat posed by the fire to human life,
                                    property, or resources; or
                                (ii) the cumulative costs of wildfire
                            suppression activities for the Secretary
                            concerned have exceeded the amounts
                            appropriated to the Secretary concerned for
                            those activities (not including funds deposited
                            in the Flame Fund).
                (3) Transfer of amounts to secretary concerned.--After
            issuance of a declaration under paragraph (2) and on request of
            the Secretary concerned, the Secretary of the Treasury shall
            transfer from the Flame Fund to the Secretary concerned such
            amounts as the Secretaries determine are necessary for wildfire
            suppression activities associated with the declaration.
                (4) State, private, and tribal land.--Use of the Flame Fund
            for emergency wildfire suppression activities on State land,
            private land, and tribal land shall be consistent with any
            existing agreements in which the Secretary concerned has agreed
            to assume responsibility for wildfire suppression activities on
            the land.
        (f) Treatment of Anticipated and Predicted Activities.--
                (1) In general.--Subject to subsection (e)(2)(B)(ii), the
            Secretary concerned shall continue to fund routine wildfire
            suppression activities within the appropriate agency budget for
            each fiscal year.
                (2) Congressional intent.--It is the intent of Congress
            that funding made available through the Flame Fund be used--
                        (A) to supplement the funding otherwise
                    appropriated to the Secretary concerned; and
                        (B) only for purposes in, and instances consistent
                    with, this section.
        (g) Prohibition on Other Transfers.--Any amounts in the Flame Fund
    and any amounts appropriated for the purpose of wildfire suppression on
    Federal land shall be obligated before the Secretary concerned may
    transfer funds from non-fire accounts for wildfire suppression.
        (h) Accounting and Reports.--
                (1) Accounting and reporting system.--The Secretaries shall
            establish an accounting and reporting system for the Flame Fund
            that is compatible with existing National Fire Plan reporting
            procedures.
                (2) Annual report.--Annually, the Secretaries shall submit
            to the Committee on Natural Resources, the Committee on
            Agriculture, and the Committee on Appropriations of the House
            of Representatives and the Committee on Energy and Natural
            Resources, the Committee on Indian Affairs, and the Committee
            on Appropriations of the Senate and make available to the
            public a report that--
                        (A) describes the use of amounts from the Flame
                    Fund; and
                        (B) includes any recommendations that the
                    Secretaries may have to improve the administrative
                    control and oversight of the Flame Fund.
                (3) Estimates of wildfire suppression costs to improve
            budgeting and funding.--
                        (A) In general.--Consistent with the schedule
                    provided in subparagraph (C), the Secretaries shall
                    submit to the committees described in paragraph (2) an
                    estimate of anticipated wildfire suppression costs for
                    the applicable fiscal year and the subsequent fiscal
                    year.
                        (B) Peer review.--The methodology for developing
                    the estimates under subparagraph (A) shall be subject
                    to periodic peer review to ensure compliance with
                    subparagraph (D).
                        (C) Schedule.--The Secretaries shall submit an
                    estimate under subparagraph (A) during--
                                (i) the first week of February of each
                            year;
                                (ii) the first week of April of each year;
                                (iii) the first week of July of each year;
                            and
                                (iv) if a bill making appropriations for
                            the Department of the Interior and the Forest
                            Service for the following fiscal year has not
                            been enacted by September 1, the first week of
                            September of each year.
                        (D) Requirements.--An estimate of anticipated
                    wildfire suppression costs shall be developed using the
                    best available--
                                (i) climate, weather, and other relevant
                            data; and
                                (ii) models and other analytic tools.
        (i) Termination of Authority.--The authority under this section
    shall terminate at the end of the third fiscal year in which no
    appropriations to or withdrawals from the Flame Fund have been made for
    a period of 3 consecutive fiscal years.

                     cohesive wildfire management strategy

        Sec. 432.  (a) Strategy Required.--Not later than 1 year after the
    date of enactment of this Act, the Secretary of the Interior and the
    Secretary of Agriculture, acting jointly, shall submit to Congress a
    report that contains a cohesive wildfire management strategy,
    consistent with the recommendations described in recent reports of the
    Government Accountability Office regarding management strategies.
        (b) Elements of Strategy.--The strategy required by subsection (a)
    shall provide for--
                (1) the identification of the most cost-effective means for
            allocating fire management budget resources;
                (2) the reinvestment in non-fire programs by the Secretary
            of the Interior and the Secretary of Agriculture;
                (3) employing the appropriate management response to
            wildfires;
                (4) assessing the level of risk to communities;
                (5) the allocation of hazardous fuels reduction funds based
            on the priority of hazardous fuels reduction projects;
                (6) assessing the impacts of climate change on the
            frequency and severity of wildfire; and
                (7) studying the effects of invasive species on wildfire
            risk.
        (c) Revision.--At least once during each 5-year period beginning on
    the date of the submission of the cohesive wildfire management strategy
    under subsection (a), the Secretaries shall revise the strategy
    submitted under that subsection to address any changes affecting the
    strategy, including changes with respect to landscape, vegetation,
    climate, and weather.

                   prohibition on no-bid contracts and grants

        Sec. 433.  (a) Notwithstanding any other provision of this Act,
    none of the funds appropriated or otherwise made available by this Act
    may be--
                (1) used to make any payment in connection with a contract
            not awarded using competitive procedures in accordance with the
            requirements of section 303 of the Federal Property and
            Administrative Services Act of 1949 (41 U.S.C. 253), section
            2304 of title 10, United States Code, and the Federal
            Acquisition Regulation; or
                (2) awarded by grant not subjected to merit-based
            competitive procedures, needs-based criteria, or other
            procedures specifically authorized by law to select the grantee
            or award recipient.
        (b) This prohibition shall not apply to the awarding of contracts
    or grants with respect to which--
                (1) no more than one applicant submits a bid for a contract
            or grant; or
                (2) Federal law specifically authorizes a grant or contract
            to be entered into without regard for these requirements,
            including formula grants for States, or Federally recognized
            Indian tribes; or
                (3) such contracts or grants are authorized by the Indian
            Self-Determination and Education and Assistance Act (Public Law
            93-638, 25 U.S.C. 450 et seq., as amended) or by any other
            Federal laws that specifically authorize a grant or contract
            with an Indian tribe as defined in section 4(e) of that Act (25
            U.S.C. 450b (e)).
        Sec. 434. (a) Notwithstanding any other provision of this Act and
    except as provided in subsection (b), any report required to be
    submitted by a Federal agency or department to the Committee on
    Appropriations of either the Senate or the House of Representatives in
    this Act shall be posted on the public website of that agency upon
    receipt by the committee.
        (b) Subsection (a) shall not apply to a report if--
                (1) the public posting of the report compromises national
            security; or
                (2) the report contains proprietary information.
        Sec. 435.  Section 1971(1) of the Omnibus Public Land Management
    Act of 2009 (16 U.S.C. 460www note; Public Law 111-11) is amended by
    striking ``December 18, 2008'' and inserting ``September 20, 2009''.

                            tar creek superfund site

        Sec. 436.  (a) In General.--To expedite the cleanup of the Federal
    land and Indian land at the Tar Creek Superfund Site (referred to in
    this section as the ``site''), any purchase of chat (as defined in
    section 278.1(b) of title 40, Code of Federal Regulations (or a
    successor regulation)), from the site shall be--
                (1) counted at twice the purchase price of the chat; and
                (2) eligible to be counted toward meeting the federally
            required disadvantaged business enterprise set-aside on
            federally funded projects.
        (b) Restricted Indian Owners.--Subsection (a) shall only apply if
    the purchase of chat is made from 1 or more restricted Indian owners or
    an Indian tribe.
        (c) Applicable Law.--The use of chat acquired under subsection (a)
    shall conform with applicable laws (including the regulations for the
    use of chat promulgated by the Administrator of the Environmental
    Protection Agency).
        This Act may be cited as the ``Department of the Interior,
    Environment, and Related Agencies Appropriations Act, 2010''.

                Passed the House of Representatives June 26, 2009.

                Attest:

                                                LORRAINE C. MILLER,

                                                                     Clerk.

                Passed the Senate September 24, 2009.

                Attest:

                                                    NANCY ERICKSON,

                                                                 Secretary.