That the following sums
are appropriated, out of any money in the Treasury not otherwise appropriated,
for the Department of the Interior, environment, and related agencies for the
fiscal year ending September 30, 2010, and for other purposes, namely:
<enum>I</enum><header>Department of the
interior</header>
<appropriations-intermediate id="ID024E9F344E8849109F02F696AE8AEAC0"><header>Bureau of land
management</header>
</appropriations-intermediate><appropriations-small id="ID34C581B1799F4D0A8E9AF1B2AD1969D2"><header>Management of lands and
resources</header><text display-inline="no-display-inline">For necessary
expenses for protection, use, improvement, development, disposal, cadastral
surveying, classification, acquisition of easements and other interests in
lands, and performance of other functions, including maintenance of facilities,
as authorized by law, in the management of lands and their resources under the
jurisdiction of the Bureau of Land Management, including the general
administration of the Bureau, and assessment of mineral potential of public
lands pursuant to
<external-xref legal-doc="public-law" parsable-cite="pl/96/487">Public Law
96–487</external-xref> (<external-xref legal-doc="usc" parsable-cite="usc/16/3150">16 U.S.C. 3150(a)</external-xref>), $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.</text><text display-inline="no-display-inline">In addition,
$45,500,000 is for the processing of applications for permit to drill and
related use authorizations, to remain available until expended, to be reduced
by amounts collected by the Bureau and credited to this appropriation that
shall be derived from $6,500 per new application for permit to drill that the
Bureau shall collect upon submission of each new application, and in addition,
$36,696,000 is for Mining Law Administration program operations, including the
cost of administering the mining claim fee program; to remain available until
expended, to be reduced by amounts collected by the Bureau and credited to this
appropriation from annual mining claim fees so as to result in a final
appropriation estimated at not more than $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.</text>
</appropriations-small><appropriations-small id="H9B928B2D1CDE44D0B0D1AB2E6C8E8518"><header>Construction</header><text display-inline="no-display-inline">For construction of buildings, recreation
facilities, roads, trails, and appurtenant facilities, $6,590,000, to remain
available until expended.</text>
</appropriations-small><appropriations-small id="H588C1FF170D043389020AD215C9C24A5"><header>Land
acquisition</header><text display-inline="no-display-inline">For expenses
necessary to carry out sections 205, 206, and 318(d) of
<external-xref legal-doc="public-law" parsable-cite="pl/94/579">Public Law
94–579</external-xref>, 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.</text>
</appropriations-small><appropriations-small id="H9127764AE3724DF29B3C65AF171E24D5"><header>Oregon and
california grant lands</header><text display-inline="no-display-inline">For
expenses necessary for management, protection, and development of resources and
for construction, operation, and maintenance of access roads, reforestation,
and other improvements on the revested Oregon and California Railroad grant
lands, on other Federal lands in the Oregon and California land-grant counties
of Oregon, and on adjacent rights-of-way; and acquisition of lands or interests
therein, including existing connecting roads on or adjacent to such grant
lands; $111,557,000, to remain available until expended:
<italic>Provided</italic>, That 25 percent of the aggregate of all receipts
during the current fiscal year from the revested Oregon and California Railroad
grant lands is hereby made a charge against the Oregon and California
land-grant fund and shall be transferred to the General Fund in the Treasury in
accordance with the second paragraph of subsection (b) of title II of the Act
of August 28, 1937 (50 Stat. 876).</text>
</appropriations-small><appropriations-small id="idC65137D9F43441E8B1DCC03D279E1BD3"><header>Forest
ecosystem health and recovery fund</header>
</appropriations-small><appropriations-small id="H6B6BA059ACC34E3E892750A2F4A8B582"><header>(revolving
fund, special account)</header><text display-inline="no-display-inline">In
addition to the purposes authorized in
<external-xref legal-doc="public-law" parsable-cite="pl/102/381">Public Law
102–381</external-xref>, 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
<external-xref legal-doc="usc" parsable-cite="usc/43/1181f-1">43 U.S.C. 1181f–1
et seq.</external-xref>, and
<external-xref legal-doc="public-law" parsable-cite="pl/106/393">Public Law
106–393</external-xref>) derived from treatments funded by this account shall
be deposited through fiscal year 2015 into the Forest Ecosystem Health and
Recovery Fund.</text>
</appropriations-small><appropriations-small id="H7CCAC26ABF1F4EF3A6E70E92A86E49E0"><header>Range
improvements</header><text display-inline="no-display-inline">For
rehabilitation, protection, and acquisition of lands and interests therein, and
improvement of Federal rangelands pursuant to section 401 of the Federal Land
Policy and Management Act of 1976 (<external-xref legal-doc="usc" parsable-cite="usc/43/1701">43 U.S.C. 1701</external-xref>),
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
(<external-xref legal-doc="usc" parsable-cite="usc/43/315">43 U.S.C. 315 et
seq.</external-xref>) and the amount designated for range improvements from
grazing fees and mineral leasing receipts from Bankhead-Jones lands transferred
to the Department of the Interior pursuant to law, but not less than
$10,000,000, to remain available until expended: <italic>Provided</italic>,
That not to exceed $600,000 shall be available for administrative
expenses.</text>
</appropriations-small><appropriations-small id="id130834FB2CB641539514562CBCF553DB"><header>Service
charges, deposits, and forfeitures</header><text display-inline="no-display-inline">For administrative expenses and other costs
related to processing application documents and other authorizations for use
and disposal of public lands and resources, for costs of providing copies of
official public land documents, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and for
rehabilitation of damaged property, such amounts as may be collected under
<external-xref legal-doc="public-law" parsable-cite="pl/94/579">Public Law
94–579</external-xref>, as amended, and
<external-xref legal-doc="public-law" parsable-cite="pl/93/153">Public Law
93–153</external-xref>, to remain available until expended:
<italic>Provided</italic>, That, notwithstanding any provision to the contrary
of section 305(a) of
<external-xref legal-doc="public-law" parsable-cite="pl/94/579">Public Law
94–579</external-xref> (<external-xref legal-doc="usc" parsable-cite="usc/43/1735">43 U.S.C. 1735(a)</external-xref>), 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 (<external-xref legal-doc="usc" parsable-cite="usc/43/1735">43 U.S.C. 1735(c)</external-xref>), shall be
available and may be expended under the authority of this Act by the Secretary
to improve, protect, or rehabilitate any public lands administered through the
Bureau of Land Management which have been damaged by the action of a resource
developer, purchaser, permittee, or any unauthorized person, without regard to
whether all moneys collected from each such action are used on the exact lands
damaged which led to the action: <italic>Provided further</italic>, That any
such moneys that are in excess of amounts needed to repair damage to the exact
land for which funds were collected may be used to repair other damaged public
lands.</text>
</appropriations-small><appropriations-small id="H42037BD5CA8542DCB790C5911EE47DDC"><header>Miscellaneous trust
funds</header><text display-inline="no-display-inline">In addition to amounts
authorized to be expended under existing laws, there is hereby appropriated
such amounts as may be contributed under section 307 of the Act of October 21,
1976 (<external-xref legal-doc="usc" parsable-cite="usc/43/1701">43 U.S.C.
1701</external-xref>), and such amounts as may be advanced for administrative
costs, surveys, appraisals, and costs of making conveyances of omitted lands
under section 211(b) of that Act, to remain available until
expended.</text>
</appropriations-small><appropriations-small id="HB8767B724D8D46848F36C3B45A98ABFC"><header>Administrative
provisions</header><text display-inline="no-display-inline">Appropriations for
the Bureau of Land Management (BLM) shall be available for purchase, erection,
and dismantlement of temporary structures, and alteration and maintenance of
necessary buildings and appurtenant facilities to which the United States has
title; up to $100,000 for payments, at the discretion of the Secretary, for
information or evidence concerning violations of laws administered by the
Bureau; miscellaneous and emergency expenses of enforcement activities
authorized or approved by the Secretary and to be accounted for solely on the
Secretary's certificate, not to exceed $10,000: <italic>Provided</italic>, That
notwithstanding <external-xref legal-doc="usc" parsable-cite="usc/44/501">44
U.S.C. 501</external-xref>, the Bureau may, under cooperative cost-sharing and
partnership arrangements authorized by law, procure printing services from
cooperators in connection with jointly produced publications for which the
cooperators share the cost of printing either in cash or in services, and the
Bureau determines the cooperator is capable of meeting accepted quality
standards: <italic>Provided further</italic>, That projects to be funded
pursuant to a written commitment by a State government to provide an identified
amount of money in support of the project may be carried out by the Bureau on a
reimbursable basis.</text>
</appropriations-small><appropriations-intermediate id="id7431664574A74161B776FF29F05BBD1A"><header>United states fish and wildlife
service</header>
</appropriations-intermediate><appropriations-small id="idB72E207546FE44D8AA84BB01D6783A31"><header>Resource
management</header><text display-inline="no-display-inline">For necessary
expenses of the United States Fish and Wildlife Service, as authorized by law,
and for scientific and economic studies, general administration, and for the
performance of other authorized functions related to such resources 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:
<italic>Provided</italic>, That $2,500,000 is for high priority projects, which
shall be carried out by the Youth Conservation Corps: <italic>Provided
further</italic>, That not to exceed $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: <italic>Provided further</italic>, That of the amount
available for law enforcement, up to $400,000, to remain available until
expended, may at the discretion of the Secretary be used for payment for
information, rewards, or evidence concerning violations of laws administered by
the Service, and miscellaneous and emergency expenses of enforcement activity,
authorized or approved by the Secretary and to be accounted for solely on the
Secretary's certificate: <italic>Provided further</italic>, That of the amount
provided for environmental contaminants, up to $1,000,000 may remain available
until expended for contaminant sample analyses.</text>
</appropriations-small><appropriations-small id="id5988DBBA5E374B1CBCA54278D26DD9FD"><header>Construction</header>
</appropriations-small><appropriations-small id="H171619974773498EBD931E93C07D5264"><text display-inline="no-display-inline">For construction, improvement, acquisition,
or removal of buildings and other facilities required in the conservation,
management, investigation, protection, and utilization of fishery and wildlife
resources, and the acquisition of lands and interests therein; $21,139,000, to
remain available until expended.</text>
</appropriations-small><appropriations-small id="idFDB43AF1B4DB4822A6693E44C1F8245A"><header>Land
acquisition</header><text display-inline="no-display-inline">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 <external-xref legal-doc="usc" parsable-cite="usc/16/460l-9">16
U.S.C. 460l–9</external-xref>, 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: <italic>Provided</italic>, 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.</text>
</appropriations-small><appropriations-small id="idF595F7C8E28442AFA39B2C4D4C795982"><header>Cooperative endangered species
conservation fund</header>
</appropriations-small><appropriations-small id="id7CBF8965135B4F3A8AB6418FC68C6ECC"><text display-inline="no-display-inline">For expenses necessary to carry out section
6 of the Endangered Species Act of 1973 (<external-xref legal-doc="usc" parsable-cite="usc/16/1531">16 U.S.C. 1531 et seq.</external-xref>), 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.</text>
</appropriations-small><appropriations-small id="H6F75B16809544F29BC7FCF3392B0BD08"><header>National
wildlife refuge fund</header><text display-inline="no-display-inline">For
expenses necessary to implement the Act of October 17, 1978 (<external-xref legal-doc="usc" parsable-cite="usc/16/715s">16 U.S.C. 715s</external-xref>),
$14,100,000.</text>
</appropriations-small><appropriations-small id="H4375084FA8C044F1923C0F2D29D2DED5"><header>North
american wetlands conservation fund</header><text display-inline="no-display-inline">For expenses necessary to carry out the
provisions of the North American Wetlands Conservation Act, as amended
(<external-xref legal-doc="usc" parsable-cite="usc/16/4401">16 U.S.C.
4401–4414</external-xref>), $52,647,000, to remain available until
expended.</text>
</appropriations-small><appropriations-small id="HBBF76A17945343F0A9489233E5515DD8"><header>Neotropical migratory bird
conservation</header><text display-inline="no-display-inline">For expenses
necessary to carry out the Neotropical Migratory Bird Conservation Act, as
amended (<external-xref legal-doc="usc" parsable-cite="usc/16/6101">16 U.S.C.
6101 et seq.</external-xref>), $5,250,000, to remain available until
expended.</text>
</appropriations-small><appropriations-small id="HFD47DC1CDE574A2BA0BC452174F91A33"><header>Multinational species
conservation fund</header><text display-inline="no-display-inline">For expenses
necessary to carry out the African Elephant Conservation Act (<external-xref legal-doc="usc" parsable-cite="usc/16/4201">16 U.S.C.
4201–4203</external-xref>, 4211–4214, 4221–4225, 4241–4246, and 1538), the
Asian Elephant Conservation Act of 1997 (<external-xref legal-doc="usc" parsable-cite="usc/16/4261">16 U.S.C. 4261–4266</external-xref>), the
Rhinoceros and Tiger Conservation Act of 1994 (<external-xref legal-doc="usc" parsable-cite="usc/16/5301">16 U.S.C. 5301–5306</external-xref>), the Great Ape
Conservation Act of 2000 (<external-xref legal-doc="usc" parsable-cite="usc/16/6301">16 U.S.C. 6301–6305</external-xref>), and the
Marine Turtle Conservation Act of 2004 (<external-xref legal-doc="usc" parsable-cite="usc/16/6601">16 U.S.C. 6601–6606</external-xref>), $11,500,000,
to remain available until expended.</text>
</appropriations-small><appropriations-small id="HEAB0DB901D1842DB87ED894AF1ED854A"><header>State and
tribal wildlife grants</header><text display-inline="no-display-inline">For
wildlife conservation grants to States and to the District of Columbia, Puerto
Rico, Guam, the United States Virgin Islands, the Northern Mariana Islands,
American Samoa, and 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: <italic>Provided</italic>,
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: <italic>Provided further</italic>, That
$5,000,000 is for a competitive grant program for States, territories, and
other jurisdictions with approved plans, not subject to the remaining
provisions of this appropriation: <italic>Provided further</italic>, That 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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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:
<italic>Provided further</italic>, 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:
<italic>Provided further</italic>, 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: <italic>Provided further</italic>, That the non-Federal share
of such projects may not be derived from Federal grant programs:
<italic>Provided further</italic>, That 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:
<italic>Provided further</italic>, That any amount apportioned in 2010 to any
State, territory, or other jurisdiction that remains unobligated as of
September 30, 2011, shall be reapportioned, together with funds appropriated in
2012, in the manner provided herein.</text>
</appropriations-small><appropriations-small id="HDFEBE097E1354B8BA50D7514B89A068D"><header>Administrative
provisions</header><text display-inline="no-display-inline">Appropriations and
funds available to the United States Fish and Wildlife Service shall be
available for repair of damage to public roads within and adjacent to
reservation areas caused by operations of the Service; options for the purchase
of land at not to exceed $1 for each option; facilities incident to such public
recreational uses on conservation areas as are consistent with their primary
purpose; and the maintenance and improvement of aquaria, buildings, and other
facilities under the jurisdiction of the Service and to which the United States
has title, and which are used pursuant to law in connection with management,
and investigation of fish and wildlife resources: <italic>Provided</italic>,
That notwithstanding <external-xref legal-doc="usc" parsable-cite="usc/44/501">44 U.S.C. 501</external-xref>, the Service may,
under cooperative cost sharing and partnership arrangements authorized by law,
procure printing services from cooperators in connection with jointly produced
publications for which the cooperators share at least one-half the cost of
printing either in cash or services and the Service determines the cooperator
is capable of meeting accepted quality standards: <italic>Provided
further</italic>, That, 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: <italic>Provided further</italic>, That the
Service may accept donated aircraft as replacements for existing
aircraft.</text>
</appropriations-small><appropriations-intermediate id="HB472734080024988B046E6FCAB55C6AD"><header>National park
service</header>
</appropriations-intermediate><appropriations-small id="HFB15828404554EB3B29B4F797603DC35"><header>Operation
of the national park system</header><text display-inline="no-display-inline">For expenses necessary for the management,
operation, and maintenance of areas and facilities administered by the National
Park Service (including expenses to carry out programs of the United States
Park Police), and for the general administration of the National Park Service,
$2,260,684,000, 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.</text>
</appropriations-small><appropriations-small id="H090F8F791E1A4A08978561F430886B3B"><header>Park
Partnership Project Grants</header><text display-inline="no-display-inline">For
expenses necessary to carry out provisions of section 814(g) of
<external-xref legal-doc="public-law" parsable-cite="pl/104/333">Public Law
104–333</external-xref> relating to challenge cost-share agreements,
$25,000,000, to remain available until expended for Park Partnership signature
projects and programs: <italic>Provided</italic>, 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.</text>
</appropriations-small><appropriations-small id="H942914DC934D43DA90666D5B4EEDC621"><header>National
recreation and preservation</header><text display-inline="no-display-inline">For expenses necessary to carry out
recreation programs, natural programs, cultural programs, heritage partnership
programs, environmental compliance and review, international park affairs,
statutory or contractual aid for other activities, and grant administration,
not otherwise provided for, $59,386,000.</text>
</appropriations-small><appropriations-small id="H2BBEC8A090154E8FA6BC92E288089665"><header>Historic
preservation fund</header>
</appropriations-small><appropriations-small id="HD286215234A949799632D6016698561B"><text display-inline="no-display-inline">For expenses necessary in carrying out the
Historic Preservation Act of 1966, as amended (<external-xref legal-doc="usc" parsable-cite="usc/16/470">16 U.S.C. 470</external-xref>), and the Omnibus
Parks and Public Lands Management Act of 1996 (<external-xref legal-doc="public-law" parsable-cite="pl/104/333">Public Law
104–333</external-xref>), $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: <italic>Provided</italic>, 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.</text>
</appropriations-small><appropriations-small id="H2FF79BCF3CF14763B7477B1C722C884D"><header>Construction</header>
</appropriations-small><appropriations-small id="H6D22BF92061340B79FE7795565F9C2AD"><text display-inline="no-display-inline">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:
<italic>Provided</italic>, 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.</text>
</appropriations-small><appropriations-small id="H63E2962453084536829E3D5ECB71A7EC"><header>Land and
water conservation fund</header>
</appropriations-small><appropriations-small id="HB5BB73FD52124410AEAF10367B3A1DC8"><header>(rescission)</header><text display-inline="no-display-inline">The contract authority provided for fiscal
year 2010 by 16 U.S.C. 460l–10a is rescinded.</text>
</appropriations-small><appropriations-small id="H13960648C66541A7B87D0E33A50F1AD4"><header>Land
acquisition and state assistance</header><text display-inline="no-display-inline">For expenses necessary to carry out the Land
and Water Conservation Act of 1965, as amended (16 U.S.C. 460l–4 through 11),
including administrative expenses, and for acquisition of lands or waters, or
interest therein, in accordance with the statutory authority applicable to the
National Park Service, $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.</text>
</appropriations-small><appropriations-small id="H9C5AFCFD802D40A0AEA68844DD7E42EE"><header>Administrative
provisions</header><text display-inline="no-display-inline">In addition to
other uses set forth in section 407(d) of
<external-xref legal-doc="public-law" parsable-cite="pl/105/391">Public Law
105–391</external-xref>, franchise fees credited to a sub-account shall be
available for expenditure by the Secretary, without further appropriation, for
use at any unit within the National Park System to extinguish or reduce
liability for Possessory Interest or leasehold surrender interest. Such funds
may only be used for this purpose to the extent that the benefiting unit
anticipated franchise fee receipts over the term of the contract at that unit
exceed the amount of funds used to extinguish or reduce liability. Franchise
fees at the benefiting unit shall be credited to the sub-account of the
originating unit over a period not to exceed the term of a single contract at
the benefiting unit, in the amount of funds so expended to extinguish or reduce
liability.</text><text display-inline="no-display-inline">For the costs of
administration of the Land and Water Conservation Fund grants authorized by
section 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006
(<external-xref legal-doc="public-law" parsable-cite="pl/109/432">Public Law
109–432</external-xref>), the National Park Service may retain up to 3 percent
of the amounts which are authorized to be disbursed under such section, such
retained amounts to remain available until expended.</text><text display-inline="no-display-inline">National
Park Service funds may be transferred to the Federal Highway Administration
(FHWA), Department of Transportation, for purposes authorized under 23 U.S.C.
204. Transfers may include a reasonable amount for FHWA administrative support
costs.</text>
</appropriations-small><appropriations-intermediate id="HF8B8C296EACD4E1B8AD71D90ABC7DF08"><header>United states geological
survey</header>
</appropriations-intermediate><appropriations-small id="H6A28167E1EEF442394D46AC27E55562B"><header>Surveys,
investigations, and research</header><text display-inline="no-display-inline">For expenses necessary for the United States
Geological Survey to perform surveys, investigations, and research covering
topography, geology, hydrology, biology, and the mineral and water resources of
the United States, its territories and possessions, and other areas as
authorized by <external-xref legal-doc="usc" parsable-cite="usc/43/31">43
U.S.C. 31</external-xref>, 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 (<external-xref legal-doc="usc" parsable-cite="usc/30/641">30 U.S.C. 641</external-xref>); conduct inquiries
into the economic conditions affecting mining and materials processing
industries (<external-xref legal-doc="usc" parsable-cite="usc/30/3">30 U.S.C.
3</external-xref>, 21a, and 1603;
<external-xref legal-doc="usc" parsable-cite="usc/50/98g">50 U.S.C.
98g(1)</external-xref>) 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:
<italic>Provided</italic>, That none of the funds provided for the biological
research activity shall be used to conduct new surveys on private property,
unless specifically authorized in writing by the property owner:
<italic>Provided further</italic>, That no part of this appropriation shall be
used to pay more than one-half the cost of topographic mapping or water
resources data collection and investigations carried on in cooperation with
States and municipalities.</text>
</appropriations-small><appropriations-small id="H53FB071FCF5943C88165CA69E1C2BE55"><header>Administrative
provisions</header><text display-inline="no-display-inline">From within the
amount appropriated for activities of the United States Geological Survey such
sums as are necessary shall be available for reimbursement to the General
Services Administration for security guard services; contracting for the
furnishing of topographic maps and for the making of geophysical or other
specialized surveys when it is administratively determined that such procedures
are in the public interest; construction and maintenance of necessary buildings
and appurtenant facilities; acquisition of lands for gauging stations and
observation wells; expenses of the United States National Committee on Geology;
and payment of compensation and expenses of persons on the rolls of the Survey
duly appointed to represent the United States in the negotiation and
administration of interstate compacts: <italic>Provided</italic>, That
activities funded by appropriations herein made may be accomplished through the
use of contracts, grants, or cooperative agreements as defined in
<external-xref legal-doc="usc" parsable-cite="usc/31/6302">31 U.S.C. 6302 et
seq.</external-xref>: <italic>Provided further</italic>, That the United States
Geological Survey may enter into contracts or cooperative agreements directly
with individuals or indirectly with institutions or nonprofit organizations,
without regard to <external-xref legal-doc="usc" parsable-cite="usc/41/5">41
U.S.C. 5</external-xref>, 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
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/28/171">chapter 171</external-xref> of title 28,
United States Code, relating to tort claims, but shall not be considered to be
Federal employees for any other purposes.</text>
</appropriations-small><appropriations-intermediate id="HFA345195713E4336A8EA0968D3AAB946"><header>Minerals management
service</header>
</appropriations-intermediate><appropriations-small id="HAD59B271DBB3434EAAB22655279A7812"><header>Royalty
and offshore minerals management</header><text display-inline="no-display-inline">For expenses necessary for minerals leasing
and environmental studies, regulation of industry operations, and collection of
royalties, as authorized by law; for enforcing laws and regulations applicable
to oil, gas, and other minerals leases, permits, licenses and operating
contracts; for energy-related or other authorized marine-related purposes on
the Outer Continental Shelf; and for matching grants or cooperative agreements,
$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:
<italic>Provided</italic>, That notwithstanding
<external-xref legal-doc="usc" parsable-cite="usc/31/3302">31 U.S.C.
3302</external-xref>, in fiscal year 2010, such amounts as are assessed under
31 U.S.C. 9701 shall be collected and credited to this account and shall be
available until expended for necessary expenses: <italic>Provided
further</italic>, That to the extent $156,730,000 in addition to receipts are
not realized from the sources of receipts stated above, the amount needed to
reach $156,730,000 shall be credited to this appropriation from receipts
resulting from rental rates for Outer Continental Shelf leases in effect before
August 5, 1993: <italic>Provided further</italic>, That not to exceed $3,000
shall be available for reasonable expenses related to promoting volunteer beach
and marine cleanup activities: <italic>Provided further</italic>, That
notwithstanding any other provision of law, $15,000 under this heading shall be
available for refunds of overpayments in connection with certain Indian leases
in which the Director of MMS concurred with the claimed refund due, to pay
amounts owed to Indian allottees or tribes, or to correct prior unrecoverable
erroneous payments: <italic>Provided further</italic>, 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 (<external-xref legal-doc="usc" parsable-cite="usc/43/1456a">43 U.S.C. 1456a</external-xref>),
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.</text><text display-inline="no-display-inline">For an
additional amount, $10,000,000, to remain available until expended, which shall
be derived from non-refundable inspection fees collected in fiscal year 2010,
as provided in this Act: <italic>Provided</italic>, That to the extent that
such amounts are not realized from such fees, the amount needed to reach
$10,000,000 shall be credited to this appropriation from receipts resulting
from rental rates for Outer Continental Shelf leases in effect before August 5,
1993.</text>
</appropriations-small><appropriations-small id="H77FC5A10864B49F2A65212E87CBF210A"><header>Oil spill
research</header><text display-inline="no-display-inline">For necessary
expenses to carry out title I, section 1016, title IV, sections 4202 and 4303,
title VII, and title VIII, section 8201 of the Oil Pollution Act of 1990,
$6,303,000, which shall be derived from the Oil Spill Liability Trust Fund, to
remain available until expended.</text>
</appropriations-small><appropriations-small id="H2ED73C38B17D4B399A808BF9E347FF6B"><header>Administrative
provision</header><text display-inline="no-display-inline">Notwithstanding the
provisions of section 35(b) of the Mineral Leasing Act, as amended
(<external-xref legal-doc="usc" parsable-cite="usc/30/191">30 U.S.C.
191(b)</external-xref>), the Secretary shall deduct 2 percent from the amount
payable to each State in fiscal year 2010 and deposit the amount deducted to
miscellaneous receipts of the Treasury.</text>
</appropriations-small><appropriations-intermediate id="H0FB79FEC647F4472862A41422642B357"><header>Office of surface mining
reclamation and enforcement</header>
</appropriations-intermediate><appropriations-small id="H8BF879D679A24550A621B739A49036C6"><header>Regulation
and technology</header><text display-inline="no-display-inline">For necessary
expenses to carry out the provisions of the Surface Mining Control and
Reclamation Act of 1977,
<external-xref legal-doc="public-law" parsable-cite="pl/95/87">Public Law
95–87</external-xref>, as amended, $127,180,000, to remain available until
September 30, 2011: <added-phrase reported-display-style="italic">Provided</added-phrase>, That appropriations
for the Office of Surface Mining Reclamation and Enforcement may provide for
the travel and per diem expenses of State and tribal personnel attending Office
of Surface Mining Reclamation and Enforcement sponsored
training.</text>
</appropriations-small><appropriations-small id="H2AA35805AE564BC2861C5AFC146177FC"><header>Abandoned
mine reclamation fund</header>
</appropriations-small><appropriations-small id="H7D91F629532A4A95A709E4C151DCC43F"><text display-inline="no-display-inline">For necessary expenses to carry out title IV
of the Surface Mining Control and Reclamation Act of 1977,
<external-xref legal-doc="public-law" parsable-cite="pl/95/87">Public Law
95–87</external-xref>, as amended, $32,088,000, to be derived from receipts of
the Abandoned Mine Reclamation Fund and to remain available until expended:
<italic>Provided</italic>, That pursuant to
<external-xref legal-doc="public-law" parsable-cite="pl/97/365">Public Law
97–365</external-xref>, the Department of the Interior is authorized to use up
to 20 percent from the recovery of the delinquent debt owed to the United
States Government to pay for contracts to collect these debts: <italic>Provided
further</italic>, That 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: <italic>Provided
further</italic>, That funds made available under title IV of
<external-xref legal-doc="public-law" parsable-cite="pl/95/87">Public Law
95–87</external-xref> 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: <italic>Provided further</italic>, That such
projects must be consistent with the purposes and priorities of the Surface
Mining Control and Reclamation Act.</text>
</appropriations-small><appropriations-small id="H83FEEAAEB5384232862B0A159E13480A"><header>Administrative
provision</header><text display-inline="no-display-inline">With funds available
for the Technical Innovation and Professional Services program in this Act, the
Secretary may transfer title for computer hardware, software and other
technical equipment to State and tribal regulatory and reclamation
programs.</text>
</appropriations-small><appropriations-intermediate id="H0984C3C677AE4EFF819B57CCB672324D"><header>Bureau of indian
affairs</header>
</appropriations-intermediate><appropriations-small id="H800FA438D106428C84787F57E66B5BAB"><header>Operation
of indian programs</header>
</appropriations-small><appropriations-small id="HA5B4E02C53A24BDBB938DECEEE536D51"><header>(including
transfer of funds)</header><text display-inline="no-display-inline">For
expenses necessary for the operation of Indian programs, as authorized by law,
including the Snyder Act of November 2, 1921 (<external-xref legal-doc="usc" parsable-cite="usc/25/13">25 U.S.C. 13</external-xref>), the Indian
Self-Determination and Education Assistance Act of 1975 (<external-xref legal-doc="usc" parsable-cite="usc/25/450">25 U.S.C. 450 et
seq.</external-xref>), as amended, the Education Amendments of 1978
(<external-xref legal-doc="usc" parsable-cite="usc/25/2001">25 U.S.C.
2001–2019</external-xref>), and the Tribally Controlled Schools Act of 1988
(<external-xref legal-doc="usc" parsable-cite="usc/25/2501">25 U.S.C. 2501 et
seq.</external-xref>), 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:
<italic>Provided</italic>, That in cases of designated Federal disasters, the
Secretary may exceed such cap, from the amounts provided herein, to provide for
disaster relief to Indian communities affected by the disaster; 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<added-phrase committee-id="SSAP00" reported-display-style="italic">,</added-phrase> 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:
<italic>Provided further</italic>, That notwithstanding any other provision of
law, including but not limited to the Indian Self-Determination Act of 1975, as
amended, and <external-xref legal-doc="usc" parsable-cite="usc/25/2008">25
U.S.C. 2008</external-xref>, not to exceed $43,373,000 within and only from
such amounts made available for school operations shall be available for
administrative cost grants associated with ongoing grants entered into with the
Bureau prior to or during fiscal year 2009 for the operation of Bureau-funded
schools, and up to $500,000 within and only from such amounts made available
for administrative cost grants shall be available for the transitional costs of
initial administrative cost grants to grantees that assume operation on or
after July 1, 2009, of Bureau-funded schools: <italic>Provided
further</italic>, That any forestry funds allocated to a 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: <italic>Provided further</italic>, That any such unobligated balances
not so transferred shall expire on September 30, 2012: <italic>Provided
further</italic>, That in order to enhance the safety of Bureau field
employees, the Bureau may use funds to purchase uniforms or other identifying
articles of clothing for personnel.</text>
</appropriations-small><appropriations-small id="HA2A04FDBFC6F4E09A2353D99232E9168"><header>Construction</header>
</appropriations-small><appropriations-small id="H9E52AD3D71354B849998ADEC1502D6E7"><header>(including
transfer of funds)</header><text display-inline="no-display-inline">For
construction, repair, improvement, and maintenance of irrigation and power
systems, buildings, utilities, and other facilities, including architectural
and engineering services by contract; acquisition of lands, and interests in
lands; and preparation of lands for farming, and for construction of the Navajo
Indian Irrigation Project pursuant to
<external-xref legal-doc="public-law" parsable-cite="pl/87/483">Public Law
87–483</external-xref>, $200,000,000, to remain available until expended:
<italic>Provided</italic>, That such amounts as may be available for the
construction of the Navajo Indian Irrigation Project may be transferred to the
Bureau of Reclamation: <italic>Provided further</italic>, That not to exceed 6
percent of contract authority available to the Bureau of Indian Affairs from
the Federal Highway Trust Fund may be used to cover the road program management
costs of the Bureau: <italic>Provided further</italic>, That any funds provided
for the Safety of Dams program pursuant to 25 U.S.C. 13 shall be made available
on a nonreimbursable basis: <italic>Provided further</italic>, That for fiscal
year 2010, in implementing new construction or facilities improvement and
repair project grants in excess of $100,000 that are provided to grant schools
under <external-xref legal-doc="public-law" parsable-cite="pl/100/297">Public
Law 100–297</external-xref>, as amended, the Secretary of the Interior shall
use the Administrative and Audit Requirements and Cost Principles for
Assistance Programs contained in 43 CFR part 12 as the regulatory requirements:
<italic>Provided further</italic>, That such grants shall not be subject to
section 12.61 of 43 CFR; the Secretary and the grantee shall negotiate and
determine a schedule of payments for the work to be performed: <italic>Provided
further</italic>, That in considering grant applications, the Secretary shall
consider whether such grantee would be deficient in assuring that the
construction projects conform to applicable building standards and codes and
Federal, tribal, or State health and safety standards as required by
<external-xref legal-doc="usc" parsable-cite="usc/25/2005">25 U.S.C.
2005(b)</external-xref>, with respect to organizational and financial
management capabilities: <italic>Provided further</italic>, That if the
Secretary declines a grant application, the Secretary shall follow the
requirements contained in
<external-xref legal-doc="usc" parsable-cite="usc/25/2504">25 U.S.C.
2504(f)</external-xref>: <italic>Provided further</italic>, That any disputes
between the Secretary and any grantee concerning a grant shall be subject to
the disputes provision in
<external-xref legal-doc="usc" parsable-cite="usc/25/2507">25 U.S.C.
2507(e)</external-xref>: <italic>Provided further</italic>, That in order to
ensure timely completion of construction projects, the Secretary may assume
control of a project and all funds related to the project, if, within eighteen
months of the date of enactment of this Act, any grantee receiving funds
appropriated in this Act or in any prior Act, has not completed the planning
and design phase of the project and commenced construction: <italic>Provided
further</italic>, That this appropriation may be reimbursed from the Office of
the Special Trustee for American Indians appropriation for the appropriate
share of construction costs for space expansion needed in agency offices to
meet trust reform implementation.</text>
</appropriations-small><appropriations-small id="HD356312A3A1640EA83CBED75FA7EBD7E"><header>Indian
land and water claim settlements and miscellaneous payments to
indians</header><text display-inline="no-display-inline">For payments and
necessary administrative expenses for implementation of Indian land and water
claim settlements pursuant to Public Laws 99–264, 100–580, 101–618, 108–447,
109–379, 109–479, 110–297, and 111–11, and for implementation of other land and
water rights settlements, $47,380,000, to remain available until
expended.</text>
</appropriations-small><appropriations-small id="H35AC3EA1D65D4842B7032B267EC7F45E"><header>Indian
guaranteed loan program account</header><text display-inline="no-display-inline">For the cost of guaranteed loans and insured
loans, $8,215,000, of which $1,629,000 is for administrative expenses, as
authorized by the Indian Financing Act of 1974, as amended:
<italic>Provided</italic>, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional Budget Act
of 1974: <italic>Provided further</italic>, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed or
insured, not to exceed $93,807,956.</text>
</appropriations-small><appropriations-small id="H72B6CC08E38C4C7D808FD34B178A0B31"><header>Indian
Land Consolidation </header><text display-inline="no-display-inline">For
consolidation of fractional interests in Indian lands and expenses associated
with redetermining and redistributing escheated interests in allotted lands,
and for necessary expenses to carry out the Indian Land Consolidation Act
(<external-xref legal-doc="usc" parsable-cite="usc/25/2201">25 U.S.C. 2201 et
seq.</external-xref>), as amended, by direct expenditure or cooperative
agreement, $3,000,000, to remain available until
expended.</text>
</appropriations-small><appropriations-small id="H1EEE6445F4DD47A7B78262140ED7CC65"><header>Administrative
provisions</header><text display-inline="no-display-inline">The Bureau of
Indian Affairs may carry out the operation of Indian programs by direct
expenditure, contracts, cooperative agreements, compacts and grants, either
directly or in cooperation with States and other organizations.</text><text display-inline="no-display-inline">Notwithstanding
<external-xref legal-doc="usc" parsable-cite="usc/25/15">25 U.S.C.
15</external-xref>, the Bureau of Indian Affairs may contract for services in
support of the management, operation, and maintenance of the Power Division of
the San Carlos Irrigation Project.</text><text display-inline="no-display-inline">Appropriations for the Bureau of Indian
Affairs (except the Revolving Fund for Loans Liquidating Account, Indian Loan
Guaranty and Insurance Fund Liquidating Account, Indian Guaranteed Loan
Financing Account, Indian Direct Loan Financing Account, and the Indian
Guaranteed Loan Program Account) shall be available for expenses of
exhibits.</text><text display-inline="no-display-inline">Notwithstanding any
other provision of law, no funds available to the Bureau of Indian Affairs for
central office oversight and Executive Direction and Administrative Services
(except executive direction and administrative services funding for Tribal
Priority Allocations, regional offices, and facilities operations and
maintenance) shall be available for contracts, grants, compacts, or cooperative
agreements with the Bureau of Indian Affairs under the provisions of the Indian
Self-Determination Act or the Tribal Self-Governance Act of 1994
(<external-xref legal-doc="public-law" parsable-cite="pl/103/413">Public Law
103–413</external-xref>).</text><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">Notwithstanding any other provision of law,
no funds available to the Bureau, other than the amounts provided herein for
assistance to public schools under
<external-xref legal-doc="usc" parsable-cite="usc/25/452">25 U.S.C. 452 et
seq.</external-xref>, shall be available to support the operation of any
elementary or secondary school in the State of Alaska.</text><text display-inline="no-display-inline">Appropriations made available in this or any
other Act for schools funded by the Bureau shall be available only to the
schools in the Bureau school system as of September 1, 1996. No funds available
to the Bureau shall be used to support expanded grades for any school or
dormitory beyond the grade structure in place or approved by the Secretary of
the Interior at each school in the Bureau school system as of October 1, 1995.
Funds made available under this Act may not be used to establish a charter
school at a Bureau-funded school (as that term is defined in section 1146 of
the Education Amendments of 1978 (<external-xref legal-doc="usc" parsable-cite="usc/25/2026">25 U.S.C. 2026</external-xref>)), 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
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/28/171">chapter 171</external-xref> of title 28,
United States Code.</text><text display-inline="no-display-inline">Notwithstanding any other provision of law,
including section 113 of title I of appendix C of
<external-xref legal-doc="public-law" parsable-cite="pl/106/113">Public Law
106–113</external-xref>, 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
<external-xref legal-doc="public-law" parsable-cite="pl/101/301">Public Law
101–301</external-xref>, the Secretary shall continue to distribute indirect
and administrative cost funds to such grantee using the section 5(f)
distribution formula.</text>
</appropriations-small><appropriations-intermediate id="H90B9194F7AAB491192B27109C734E9D0"><header>Departmental
offices</header>
</appropriations-intermediate><appropriations-intermediate id="H694E2C7816614D4B87B1AA9F353EAFE8"><header>Office of the
secretary</header>
</appropriations-intermediate><appropriations-small id="HB1427B4EB78B402DB8E10FB0C96A9E54"><header>salaries
and expenses</header><text display-inline="no-display-inline">For necessary
expenses for management of the Department of the Interior, $118,836,000; of
which $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:
<italic>Provided</italic>, That for fiscal year 2010 up to $400,000 of the
payments authorized by the Act of October 20, 1976, as amended (<external-xref legal-doc="usc" parsable-cite="usc/31/6901">31 U.S.C.
6901–6907</external-xref>) may be retained for administrative expenses of the
Payments in Lieu of Taxes Program: <italic>Provided further</italic>, That no
payment shall be made pursuant to that Act to otherwise eligible units of local
government if the computed amount of the payment is less than
$100.</text>
</appropriations-small><appropriations-intermediate id="HDFBF6F96AC0343B794559F158FEB7326"><header>Insular
affairs</header>
</appropriations-intermediate><appropriations-small id="HE7540930174944FBA294CD0F027372A7"><header>Assistance
to territories</header>
</appropriations-small><appropriations-small id="H3699408E7F094F58B748C4A389AB9743"><text display-inline="no-display-inline">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 (<external-xref legal-doc="usc" parsable-cite="usc/48/1661">48 U.S.C. 1661(c)</external-xref>);
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 (<external-xref legal-doc="public-law" parsable-cite="pl/94/241">Public Law 94–241</external-xref>; 90 Stat. 272); and
(2) $9,280,000 shall be available until September 30, 2011 for salaries and
expenses of the Office of Insular Affairs: <italic>Provided</italic>, That all
financial transactions of the territorial and local governments herein provided
for, including such transactions of all agencies or instrumentalities
established or used by such governments, may be audited by the Government
Accountability Office, at its discretion, in accordance with
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/31/35">chapter 35</external-xref> of title 31,
United States Code: <italic>Provided further</italic>, That Northern Mariana
Islands Covenant grant funding shall be provided according to those terms of
the Agreement of the Special Representatives on Future United States Financial
Assistance for the Northern Mariana Islands approved by
<external-xref legal-doc="public-law" parsable-cite="pl/104/134">Public Law
104–134</external-xref>: <italic>Provided further</italic>, That of the amounts
provided for technical assistance, sufficient funds shall be made available for
a grant to the Pacific Basin Development Council: <italic>Provided
further</italic>, That of the amounts provided for technical assistance,
sufficient funding shall be made available for a grant to the Close Up
Foundation: <italic>Provided further</italic>, That the funds for the program
of operations and maintenance improvement are appropriated to institutionalize
routine operations and maintenance improvement of capital infrastructure with
territorial participation and cost sharing to be determined by the Secretary
based on the grantee's commitment to timely maintenance of its capital assets:
<italic>Provided further</italic>, That any appropriation for disaster
assistance under this heading in this Act or previous appropriations Acts may
be used as non-Federal matching funds for the purpose of hazard mitigation
grants provided pursuant to section 404 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (<external-xref legal-doc="usc" parsable-cite="usc/42/5170c">42 U.S.C.
5170c</external-xref>).</text>
</appropriations-small><appropriations-small id="HB3114062A9234CDC90A533B8FBAA88D9"><header>Compact of
free association</header><text display-inline="no-display-inline">For grants
and necessary expenses, $5,318,000, to remain available until expended, as
provided for in sections 221(a)(2), 221(b), and 233 of the Compact of Free
Association for the Republic of Palau; and section 221(a)(2) of the Compacts of
Free Association for the Government of the Republic of the Marshall Islands and
the Federated States of Micronesia, as authorized by
<external-xref legal-doc="public-law" parsable-cite="pl/99/658">Public Law
99–658</external-xref> and
<external-xref legal-doc="public-law" parsable-cite="pl/108/188">Public Law
108–188</external-xref>.</text>
</appropriations-small><appropriations-intermediate id="HF167522C1F0A4ABC8D1C223048072BBD"><header>Administrative
Provisions</header>
</appropriations-intermediate><appropriations-small id="H91E01B37A0524D6EB96AAAB0F44EE870"><header>(including
transfer of funds)</header><text display-inline="no-display-inline">At the
request of the Governor of Guam, the Secretary may transfer discretionary funds
or mandatory funds provided under section 104(e) of
<external-xref legal-doc="public-law" parsable-cite="pl/108/188">Public Law
108–188</external-xref> and
<external-xref legal-doc="public-law" parsable-cite="pl/104/134">Public Law
104–134</external-xref>, 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: <italic>Provided</italic>, That such
costs, including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: <italic>Provided
further</italic>, That 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:
<italic>Provided further</italic>, That any funds transferred to the Secretary
of Agriculture shall be in addition to funds otherwise made available to make
or guarantee loans under such authorities.</text>
</appropriations-small><appropriations-intermediate id="H53DEF8FD53E64694A96A036FE383944B"><header>Office of the
solicitor</header>
</appropriations-intermediate><appropriations-small id="H06B6F82D6B5D481EBC5908AAB85D4C69"><header>Salaries
and expenses</header><text display-inline="no-display-inline">For necessary
expenses of the Office of the Solicitor,
$65,076,000.</text>
</appropriations-small><appropriations-intermediate id="H5CD55197A95B4CFEB4697921ACCF55C1"><header>Office of inspector
general</header>
</appropriations-intermediate><appropriations-small id="H03637E4E4E37454DA02C0AC7ED959312"><header>Salaries
and expenses</header><text display-inline="no-display-inline">For necessary
expenses of the Office of Inspector General,
$48,590,000.</text>
</appropriations-small><appropriations-intermediate id="H5F9DBCF7BB0C4D5ABF6EE3332B014987"><header>Office of the special trustee
for american indians</header>
</appropriations-intermediate><appropriations-small id="H230338B0565649E88FCD4A135D4E1B3B"><header>Federal
trust programs</header>
</appropriations-small><appropriations-small id="H2C2834EC27A94ECF8DEF536B62632FA2"><header>(including
transfer of funds)</header><text display-inline="no-display-inline">For the
operation of trust programs for Indians by direct expenditure, contracts,
cooperative agreements, compacts, and grants, $185,984,000, to remain available
until expended, of which not to exceed $56,536,000 from this or any other Act,
shall be available for historical accounting: <italic>Provided</italic>, That
funds for trust management improvements and litigation support may, as needed,
be transferred to or merged with the Bureau of Indian Affairs, <quote>Operation
of Indian Programs</quote> account; the Office of the Solicitor,
<quote>Salaries and Expenses</quote> account; and the Office of the Secretary,
<quote>Salaries and Expenses</quote> account: <italic>Provided
further</italic>, That funds made available through contracts or grants
obligated during fiscal year 2010, as authorized by the Indian
Self-Determination Act of 1975 (<external-xref legal-doc="usc" parsable-cite="usc/25/450">25 U.S.C. 450 et seq.</external-xref>), shall remain
available until expended by the contractor or grantee: <italic>Provided
further</italic>, That, notwithstanding any other provision of law, the statute
of limitations shall not commence to run on any claim, including any claim in
litigation pending on the date of the enactment of this Act, concerning losses
to or mismanagement of trust funds, until the affected tribe or individual
Indian has been furnished with an accounting of such funds from which the
beneficiary can determine whether there has been a loss: <italic>Provided
further</italic>, That, notwithstanding any other provision of law, the
Secretary shall not be required to provide a quarterly statement of performance
for any Indian trust account that has not had activity for at least 18 months
and has a balance of $15.00 or less: <italic>Provided further</italic>, That
the Secretary shall issue an annual account statement and maintain a record of
any such accounts and shall permit the balance in each such account to be
withdrawn upon the express written request of the account holder:
<italic>Provided further</italic>, That not to exceed $50,000 is available for
the Secretary to make payments to correct administrative errors of either
disbursements from or deposits to Individual Indian Money or Tribal accounts
after September 30, 2002: <italic>Provided further</italic>, That erroneous
payments that are recovered shall be credited to and remain available in this
account for this purpose.</text>
</appropriations-small><appropriations-intermediate id="H724A5D11F9D2439AA26B79F2986B5582"><header>Department-Wide
programs</header>
</appropriations-intermediate><appropriations-small id="HC38CB52FE88E4C1EA1A8CCF8A66E3ED0"><header>Wildland
fire management</header>
</appropriations-small><appropriations-small id="HEBCE97094B5245FB8FFFC5FEE5EAE8E4"><header>(including
transfers of funds)</header><text display-inline="no-display-inline">For
necessary expenses for fire preparedness, suppression operations, fire science
and research, emergency rehabilitation, hazardous fuels reduction, and rural
fire assistance by the Department of the Interior, $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: <italic>Provided</italic>, That
such funds are also available for repayment of advances to other appropriation
accounts from which funds were previously transferred for such purposes:
<italic>Provided further</italic>, That persons hired pursuant to 43 U.S.C.
1469 may be furnished subsistence and lodging without cost from funds available
from this appropriation: <italic>Provided further</italic>, That
notwithstanding <external-xref legal-doc="usc" parsable-cite="usc/42/1856d">42
U.S.C. 1856d</external-xref>, sums received by a bureau or office of the
Department of the Interior for fire protection rendered pursuant to
<external-xref legal-doc="usc" parsable-cite="usc/42/1856">42 U.S.C. 1856 et
seq.</external-xref>, protection of United States property, may be credited to
the appropriation from which funds were expended to provide that protection,
and are available without fiscal year limitation: <italic>Provided
further</italic>, That using the amounts designated under this title of this
Act, the Secretary of the Interior may enter into procurement contracts,
grants, or cooperative agreements, for hazardous fuels reduction activities,
and for training and monitoring associated with such hazardous fuels reduction
activities, on Federal land, or on adjacent non-Federal land for activities
that benefit resources on Federal land: <italic>Provided further</italic>, That
the costs of implementing any cooperative agreement between the Federal
Government and any non-Federal entity may be shared, as mutually agreed on by
the affected parties: <italic>Provided further</italic>, That notwithstanding
requirements of the Competition in Contracting Act, the Secretary, for purposes
of hazardous fuels reduction activities, may obtain maximum practicable
competition among: (1) local private, nonprofit, or cooperative entities; (2)
Youth Conservation Corps crews, Public Lands Corps (<external-xref legal-doc="public-law" parsable-cite="pl/109/154">Public Law
109–154</external-xref>), or related partnerships with State, local, or
non-profit youth groups; (3) small or micro-businesses; or (4) other entities
that will hire or train locally a significant percentage, defined as 50 percent
or more, of the project workforce to complete such contracts: <italic>Provided
further</italic>, That in implementing this section, the Secretary shall
develop written guidance to field units to ensure accountability and consistent
application of the authorities provided herein: <italic>Provided
further</italic>, That funds appropriated under this head may be used to
reimburse the United States Fish and Wildlife Service and the National Marine
Fisheries Service for the costs of carrying out their responsibilities under
the Endangered Species Act of 1973 (<external-xref legal-doc="usc" parsable-cite="usc/16/1531">16 U.S.C. 1531 et seq.</external-xref>) to consult
and conference, as required by section 7 of such Act, in connection with
wildland fire management activities: <italic>Provided further</italic>, That
the Secretary of the Interior may use wildland fire appropriations to enter
into non-competitive sole source leases of real property with local
governments, at or below fair market value, to construct capitalized
improvements for fire facilities on such leased properties, including but not
limited to fire guard stations, retardant stations, and other initial attack
and fire support facilities, and to make advance payments for any such lease or
for construction activity associated with the lease: <italic>Provided
further</italic>, That the Secretary of the Interior and the Secretary of
Agriculture may authorize the transfer of funds appropriated for wildland fire
management, in an aggregate amount not to exceed $50,000,000, between the
Departments when such transfers would facilitate and expedite jointly funded
wildland fire management programs and projects.</text>
</appropriations-small><appropriations-intermediate id="HD725A3FE108849EDB7726F416310C3D9"><header>Wildland Fire Suppression
Contingency Reserve Fund</header>
</appropriations-intermediate><appropriations-small id="HD7891300075D4941A16DBE1688E9533F"><header>(including
transfer of funds)</header><text display-inline="no-display-inline">For
necessary expenses for transfer to <quote>Wildland Fire Management</quote> for
fire suppression operations of the Department of the Interior, $75,000,000, to
remain available until expended: <italic>Provided</italic>, That amounts in
this paragraph may be transferred and expended only if all funds appropriated
for fire suppression operations under the heading <quote>Wildland Fire
Management</quote> shall be fully obligated within 30 days: <italic>Provided
further</italic>, That amounts are available only to the extent the President
has issued a finding that the amounts are necessary for emergency fire
suppression operations.</text>
</appropriations-small><appropriations-small id="HE09038945A474B71A5AD478E1580ABC1"><header>Central
hazardous materials fund</header><text display-inline="no-display-inline">For
necessary expenses of the Department of the Interior and any of its component
offices and bureaus for response action, including associated activities,
performed pursuant to the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980, as amended (<external-xref legal-doc="usc" parsable-cite="usc/42/9601">42 U.S.C. 9601 et seq.</external-xref>),
$10,175,000, to remain available until expended: <italic>Provided</italic>,
That <external-xref legal-doc="public-law" parsable-cite="pl/110/161">Public
Law 110–161</external-xref> (121 Stat. 2116) under the heading <quote>Central
Hazardous Materials Fund</quote> is amended by striking <quote>in advance of or
as reimbursement for remedial action or response activities conducted by the
Department pursuant to section 107 or 113(f) of such Act</quote> and inserting
in lieu thereof <quote>including any fines or
penalties</quote>.</text>
</appropriations-small><appropriations-small id="H2EC7C5FAEF4749419296889D70F2DBBB"><header>Natural
resource damage assessment and restoration</header>
</appropriations-small><appropriations-small id="H298B9766F7FF400BA989F942A471FBCC"><header>Natural
resource damage assessment fund</header><text display-inline="no-display-inline">To conduct natural resource damage
assessment and restoration activities by the Department of the Interior
necessary to carry out the provisions of the Comprehensive Environmental
Response, Compensation, and Liability Act, as amended (<external-xref legal-doc="usc" parsable-cite="usc/42/9601">42 U.S.C. 9601 et seq.</external-xref>), the
Federal Water Pollution Control Act, as amended (<external-xref legal-doc="usc" parsable-cite="usc/33/1251">33 U.S.C. 1251 et seq.</external-xref>), the Oil
Pollution Act of 1990 (<external-xref legal-doc="usc" parsable-cite="usc/33/2701">33 U.S.C. 2701 et seq.</external-xref>), and
<external-xref legal-doc="public-law" parsable-cite="pl/101/337">Public Law
101–337</external-xref>, as amended (<external-xref legal-doc="usc" parsable-cite="usc/16/19jj">16 U.S.C. 19jj et seq.</external-xref>),
$6,462,000, to remain available until expended.</text>
</appropriations-small><appropriations-small id="HA67910681BFE4F47B0C308CCD5C498AF"><header>Working
capital fund</header><text display-inline="no-display-inline">For the
acquisition of a departmental financial and business management system and
information technology improvements of general benefit to the Department,
$85,823,000 (reduced by $10,000,000), to remain available until expended:
<italic>Provided</italic>, 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:
<italic>Provided further</italic>, 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 <external-xref legal-doc="public-law" parsable-cite="pl/93/638">Public Law 93–638</external-xref>: <italic>Provided
further</italic>, 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
<external-xref legal-doc="usc" parsable-cite="usc/40/3306">40 U.S.C.
3306(a)</external-xref>) at the prevailing rate for similar space, facilities,
equipment, or services in the vicinity of the National Indian Program Training
Center: <italic>Provided further</italic>, That all funds received pursuant to
the two preceding provisos shall be credited to this account, shall be
available until expended, and shall be used by the Secretary for necessary
expenses of the National Indian Program Training
Center.</text>
</appropriations-small><appropriations-small id="H31A045BB9F9E4394985475214F6FB440"><header>Administrative
provisions</header><text display-inline="no-display-inline">There is hereby
authorized for acquisition from available resources within the Working Capital
Fund, 15 aircraft, 10 of which shall be for replacement and which may be
obtained by donation, purchase or through available excess surplus property:
<italic>Provided</italic>, That existing aircraft being replaced may be sold,
with proceeds derived or trade-in value used to offset the purchase price for
the replacement aircraft.</text>
</appropriations-small><appropriations-intermediate id="H0A431B86BD064FE69BE5E4F02C7DD397"><header>General provisions, department
of the interior</header>
</appropriations-intermediate><appropriations-small id="H96F9F806C3004576A722837D28BD7D7B"><header>(including
transfers of funds)</header>
</appropriations-small><section id="ID3D2A8336DE924E9698E7AD55A07345DA"><enum>101.</enum><text>Appropriations
made in this title shall be available for expenditure or transfer (within each
bureau or office), with the approval of the Secretary, for the emergency
reconstruction, replacement, or repair of aircraft, buildings, utilities, or
other facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: <italic>Provided</italic>, That no funds shall be
made available under this authority until funds specifically made available to
the Department of the Interior for emergencies shall have been exhausted:
<italic>Provided further</italic>, That all funds used pursuant to this section
must be replenished by a supplemental appropriation which must be requested as
promptly as possible.</text>
</section><section id="ID09833B0F5BC44017AF1E45F8A3A16FCF"><enum>102.</enum><text>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
<external-xref legal-doc="public-law" parsable-cite="pl/99/198">Public Law
99–198</external-xref> (99 Stat. 1658); for emergency reclamation projects
under section 410 of
<external-xref legal-doc="public-law" parsable-cite="pl/95/87">Public Law
95–87</external-xref>; and shall transfer, from any no year funds available to
the Office of Surface Mining Reclamation and Enforcement, such funds as may be
necessary to permit assumption of regulatory authority in the event a primacy
State is not carrying out the regulatory provisions of the Surface Mining Act:
<italic>Provided</italic>, That appropriations made in this title for wildland
fire operations 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: <italic>Provided further</italic>, That for wildland fire operations,
no funds shall be made available under this authority until the Secretary
determines that funds appropriated for <quote>wildland fire operations</quote>
and <quote>Wildland Fire Suppression Contingency Reserve Fund</quote> shall be
exhausted within 30 days: <italic>Provided further</italic>, That all funds
used pursuant to this section must be replenished by a supplemental
appropriation which must be requested as promptly as possible: <italic>Provided
further</italic>, That such replenishment funds shall be used to reimburse, on
a pro rata basis, accounts from which emergency funds were transferred.</text>
</section><section id="ID873E31024453420CAE404E8149B703A5"><enum>103.</enum><text>Appropriations
made to the Department of the Interior in this title shall be available for
services as authorized by
<external-xref legal-doc="usc" parsable-cite="usc/5/3109">5 U.S.C.
3109</external-xref>, when authorized by the Secretary, in total amount not to
exceed $500,000; purchase and replacement of motor vehicles, including
specially equipped law enforcement vehicles; hire, maintenance, and operation
of aircraft; hire of passenger motor vehicles; purchase of reprints; payment
for telephone service in private residences in the field, when authorized under
regulations approved by the Secretary; and the payment of dues, when authorized
by the Secretary, for library membership in societies or associations which
issue publications to members only or at a price to members lower than to
subscribers who are not members.</text>
</section><section id="ID189BB0727DBA49E4A742CA6E8A269AD3"><enum>104.</enum><text>Appropriations
made in this Act under the headings Bureau of Indian Affairs and Office of the
Special Trustee for American Indians and any unobligated balances from prior
appropriations Acts made under the same headings shall be available for
expenditure or transfer for Indian trust management and reform activities.
Total funding for historical accounting activities shall not exceed amounts
specifically designated in this Act for such purpose.</text>
</section><section id="ID3A879B3F0FB743D88E879C3E56521CAC"><enum>105.</enum><text>Notwithstanding
any other provision of law, the Secretary of the Interior is authorized to
redistribute any Tribal Priority Allocation funds, including tribal base funds,
to alleviate tribal funding inequities by transferring funds to address
identified, unmet needs, dual enrollment, overlapping service areas or
inaccurate distribution methodologies. No federally recognized tribe shall
receive a reduction in Tribal Priority Allocation funds of more than 10 percent
in fiscal year 2010. Under circumstances of dual enrollment, overlapping
service areas or inaccurate distribution methodologies, the 10 percent
limitation does not apply.</text>
</section><section id="IDDBC1874716464F5FA6F4395E90F18B59"><enum>106.</enum><text>Notwithstanding
any other provision of law, in conveying the Twin Cities Research Center under
the authority provided by
<external-xref legal-doc="public-law" parsable-cite="pl/104/134">Public Law
104–134</external-xref>, as amended by
<external-xref legal-doc="public-law" parsable-cite="pl/104/208">Public Law
104–208</external-xref>, the Secretary may accept and retain land and other
forms of reimbursement: <italic>Provided</italic>, That the Secretary may
retain and use any such reimbursement until expended and without further
appropriation: (1) for the benefit of the National Wildlife Refuge System
within the State of Minnesota; and (2) for all activities authorized by 16
U.S.C. 460zz.</text>
</section><section id="ID8FC4F59EFF4A4CA69EBFEADA3C4F3E38"><enum>107.</enum><text>The Secretary of
the Interior may use discretionary funds to pay private attorney fees and costs
for employees and former employees of the Department of the Interior reasonably
incurred in connection with Cobell v. Salazar to the extent that such fees and
costs are not paid by the Department of Justice or by private insurance. In no
case shall the Secretary make payments under this section that would result in
payment of hourly fees in excess of the highest hourly rate approved by the
District Court for the District of Columbia for counsel in Cobell v.
Salazar.</text>
</section><section id="ID2DD267D20D474E389ED25917B12DD3C6"><enum>108.</enum><text>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.</text>
</section><section id="ID2C812EB33F994C35B6DE91A3B9C138A9"><enum>109.</enum><text>Notwithstanding
any other provision of law, the Secretary of the Interior is authorized to
acquire lands, waters, or interests therein including the use of all or part of
any pier, dock, or landing within the State of New York and the State of New
Jersey, for the purpose of operating and maintaining facilities in the support
of transportation and accommodation of visitors to Ellis, Governors, and
Liberty Islands, and of other program and administrative activities, by
donation or with appropriated funds, including franchise fees (and other
monetary consideration), or by exchange; and the Secretary is authorized to
negotiate and enter into leases, subleases, concession contracts or other
agreements for the use of such facilities on such terms and conditions as the
Secretary may determine reasonable.</text>
</section><section id="H5BEDDBCDB7AD4D8F96D2B217D9A08BF0"><enum>110.</enum><text>Title
<external-xref legal-doc="usc" parsable-cite="usc/43/1473">43 U.S.C.
1473</external-xref>, as amended by
<external-xref legal-doc="public-law" parsable-cite="pl/111/8">Public Law
111–8</external-xref>, is further amended by striking <quote>in fiscal years
2008 and 2009 only</quote> and inserting <quote>in fiscal years 2010 through
2013</quote>.</text>
</section><section id="H25C0B181258F4D0AA186FC9ED2B1CF72"><enum>111.</enum><text>The Secretary of
the Interior may enter into cooperative agreements with a State or political
subdivision (including any agency thereof), or any not-for-profit organization
if the agreement will: (1) serve a mutual interest of the parties to the
agreement in carrying out the programs administered by the Department of the
Interior; and (2) all parties will contribute resources to the accomplishment
of these objectives. At the discretion of the Secretary, such agreements shall
not be subject to a competitive process.</text>
</section><section id="HFC2A13E31FC746A68CB5E7D0C480A692"><enum>112.</enum><text>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.</text>
</section><section id="H0771A77D0A6646A9820132165B6344F8"><enum>113.</enum><text>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 (<external-xref legal-doc="usc" parsable-cite="usc/43/1337">43 U.S.C. 1337(k)</external-xref>
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 <quote>royalty payment</quote> shall include any payment
required by such lease, easement, right of way or other agreement, regardless
of form, or by applicable regulation.</text>
</section><section id="HB7DB14A77FAE4A04B904EA98102756D2" section-type="subsequent-section"><enum>114.</enum><subsection commented="no" display-inline="yes-display-inline" id="H2811A6AEB5CD44C5BAAFEC8744D75725"><enum>(a)</enum><text>In fiscal year 2010, the
Minerals Management Service (MMS) shall collect a non-refundable inspection
fee, which shall be deposited in the <quote>Royalty and Offshore Minerals
Management</quote> account, from the designated operator for facilities subject
to inspection by MMS under
<external-xref legal-doc="usc" parsable-cite="usc/43/1348">43 U.S.C.
1348(c)</external-xref> that are above the waterline, except mobile offshore
drilling units, and are in place at the start of fiscal year 2010.</text>
</subsection><subsection id="HA177E4E909E6483BB1096E41D86FDFC3"><enum>(b)</enum><text>Fees for 2010
shall be—</text>
<paragraph id="H88E01C4B61AA436E99E140A7CDE87312"><enum>(1)</enum><text>$2,000 for
facilities with no wells, but with processing equipment or gathering
lines;</text>
</paragraph><paragraph id="HBDC0205A14714E76A68AA58200CC61CC"><enum>(2)</enum><text>$3,250 for
facilities with one to ten wells, with any combination of active or inactive
wells; and</text>
</paragraph><paragraph id="HC9BE586121C946E0805DEE4264D479D7"><enum>(3)</enum><text>$6,000 for
facilities with more than ten wells, with any combination of active or inactive
wells.</text>
</paragraph></subsection><subsection id="HC072E97A81164D4D81F71F482A107B3B"><enum>(c)</enum><text>MMS will bill
designated operators within 60 days of enactment of this bill, with payment
required within 30 days of billing.</text>
</subsection></section><section id="HCF3157B6F80B4748B79083C82649C4C0"><enum>115.</enum><text display-inline="yes-display-inline">Section 4 of
<external-xref legal-doc="public-law" parsable-cite="pl/89/565">Public Law
89–565</external-xref>, as amended (<external-xref legal-doc="usc" parsable-cite="usc/16/282c">16 U.S.C. 282c</external-xref>), relating to San
Juan Island National Historic Park, is amended by striking
<quote>$5,575,000</quote> and inserting <quote>$13,575,000</quote>.</text>
</section><section id="H389E0E9243FA41D29A0C54415E64F6D4"><enum>116.</enum><text display-inline="yes-display-inline">Section 1(c)(2) of
<external-xref legal-doc="public-law" parsable-cite="pl/109/441">Public Law
109–441</external-xref> is amended by adding after subparagraph (D) the
following new subparagraphs:</text>
<quoted-block display-inline="no-display-inline" id="HADFC4236CCE8425D90999F58BBF68476" style="OLC">
<subparagraph id="HC119E35205C349FD831CF1B5977DA7D5"><enum>(E)</enum><text display-inline="yes-display-inline">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 <external-xref legal-doc="public-law" parsable-cite="pl/110/229">Public Law 110–229</external-xref>.</text>
</subparagraph><subparagraph id="H44089F20865448E5B86CB7B3758AAA93"><enum>(F)</enum><text display-inline="yes-display-inline">Heart Mountain, depicted in Figure 6.3 of
the Site
Document.</text>
</subparagraph><after-quoted-block>.</after-quoted-block></quoted-block>
</section><enum>II</enum><header>Environmental
protection agency</header>
<appropriations-intermediate id="IDF1FC8500CCA44AF2982B212A9B18C51E"><header>Science and
technology</header><text display-inline="no-display-inline">For science and
technology, including research and development activities, which shall include
research and development activities under the 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H2A899318482648AA94E80165D1F21710"><header>Environmental programs and
management</header><text display-inline="no-display-inline">For environmental
programs and management, including necessary expenses, not otherwise provided
for, for personnel and related costs and travel expenses; hire of passenger
motor vehicles; hire, maintenance, and operation of aircraft; purchase of
reprints; library memberships in societies or associations which issue
publications to members only or at a price to members lower than to subscribers
who are not members; administrative costs of the brownfields program under the
Small Business Liability Relief and Brownfields Revitalization Act of 2002; and
not to exceed $9,000 for official reception and representation expenses,
$3,022,054,000, to remain available until September 30, 2011:
<italic>Provided</italic>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="HD324E09B3FC74CFC82989C058CBF410F"><header>Office of inspector
general</header><text display-inline="no-display-inline">For necessary expenses
of the Office of Inspector General in carrying out the provisions of the
Inspector General Act of 1978, as amended, $44,791,000, to remain available
until September 30, 2011.</text>
</appropriations-intermediate><appropriations-intermediate id="HB5B2FE7202B34A89AB76B4F729E86F59"><header>Buildings and
facilities</header><text display-inline="no-display-inline">For construction,
repair, improvement, extension, alteration, and purchase of fixed equipment or
facilities of, or for use by, the Environmental Protection Agency, $35,001,000
(reduced by $2,000,000), to remain available until
expended.</text>
</appropriations-intermediate><appropriations-intermediate id="H2E1FDD4588CB47BBBD2049D3988527B1"><header>Hazardous substance
superfund</header>
</appropriations-intermediate><appropriations-small id="H80DAB0FC7133434BB965F75E2DD0AB81"><header>(including
transfers of funds)</header><text display-inline="no-display-inline">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) (<external-xref legal-doc="usc" parsable-cite="usc/42/9611">42 U.S.C. 9611</external-xref>) $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:
<italic>Provided</italic>, That funds appropriated under this heading may be
allocated to other Federal agencies in accordance with section 111(a) of
CERCLA: <italic>Provided further</italic>, That of the funds appropriated under
this heading, $9,975,000 shall be paid to the <quote>Office of Inspector
General</quote> appropriation to remain available until September 30, 2011, and
$26,834,000 shall be paid to the <quote>Science and Technology</quote>
appropriation to remain available until September 30,
2011.</text>
</appropriations-small><appropriations-intermediate id="H8F61A74335794B8F903B14576DEE5699"><header>Leaking underground storage tank
trust fund program</header><text display-inline="no-display-inline">For
necessary expenses to carry out leaking underground storage tank cleanup
activities authorized by subtitle I of the 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: <italic>Provided</italic>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="HB36F00A2860A4EA2A7B792F33F07F7A5"><header>Oil
spill response</header><text display-inline="no-display-inline">For expenses
necessary to carry out the Environmental Protection Agency's responsibilities
under the Oil Pollution Act of 1990, $18,379,000, to be derived from the Oil
Spill Liability trust fund, to remain available until
expended.</text>
</appropriations-intermediate><appropriations-intermediate id="HE029F463CEF84ACA973A55C899B296F0"><header>State and tribal assistance
grants</header><text display-inline="no-display-inline">For environmental
programs and infrastructure assistance, including capitalization grants for
State revolving funds and performance partnership grants, $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
<quote>Act</quote>); 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: <italic>Provided</italic>, 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: <italic>Provided</italic><italic>further</italic>, 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
<external-xref legal-doc="public-law" parsable-cite="pl/104/134">Public Law
104–134</external-xref>, 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
<quote>Leaking Underground Storage Tank Trust Fund Program</quote> 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:
<italic>Provided further</italic>, 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: <italic>Provided further</italic>, That for fiscal year 2010,
and notwithstanding section 518(f) of the Act, the Administrator is authorized
to use the amounts appropriated for any fiscal year under section 319 of that
Act to make grants to federally recognized Indian tribes pursuant to sections
319(h) and 518(e) of that Act: <italic>Provided further</italic>, That for
fiscal year 2010, notwithstanding the limitation on amounts in section 518(c)
of the Federal Water Pollution Control Act and section 1452(i) of the Safe
Drinking Water Act, up to a total of 2 percent of the funds appropriated for
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: <italic>Provided
further</italic>, 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:
<italic>Provided further</italic>, 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: <italic>Provided further</italic>, That no funds provided by this
appropriations Act to address the water, wastewater and other critical
infrastructure needs of the colonias in the United States along the United
States-Mexico border shall be made available to a county or municipal
government unless that government has established an enforceable local
ordinance, or other zoning rule, which prevents in that jurisdiction the
development or construction of any additional colonia areas, or the development
within an existing colonia the construction of any new home, business, or other
structure which lacks water, wastewater, or other necessary
infrastructure.</text>
</appropriations-intermediate><appropriations-intermediate id="HD40368670F2746F599A8DF66775A41AC"><header>Administrative provisions,
environmental protection agency</header>
</appropriations-intermediate><appropriations-small id="HF21CCD23CFCC4D1F94D0EDF7ED2B2E2B"><header>(including
transfer and rescission of funds)</header><text display-inline="no-display-inline">For fiscal year 2010, notwithstanding
<external-xref legal-doc="usc" parsable-cite="usc/31/6303">31 U.S.C.
6303(1)</external-xref> and 6305(1), the Administrator of the Environmental
Protection Agency, in carrying out the Agency's function to implement directly
Federal environmental programs required or authorized by law in the absence of
an acceptable tribal program, may award cooperative agreements to federally
recognized Indian tribes or Intertribal consortia, if authorized by their
member tribes, to assist the Administrator in implementing Federal
environmental programs for Indian tribes required or authorized by law, except
that no such cooperative agreements may be awarded from funds designated for
State financial assistance agreements.</text><text display-inline="no-display-inline">The Administrator of the Environmental
Protection Agency is authorized to collect and obligate pesticide registration
service fees in accordance with section 33 of the Federal Insecticide,
Fungicide, and Rodenticide Act, as amended by
<external-xref legal-doc="public-law" parsable-cite="pl/110/94">Public Law
110–94</external-xref>, the Pesticide Registration Improvement Renewal
Act.</text><text display-inline="no-display-inline">Title II of
<external-xref legal-doc="public-law" parsable-cite="pl/109/54">Public Law
109–54</external-xref>, as amended by title II of division E of
<external-xref legal-doc="public-law" parsable-cite="pl/111/8">Public Law
111–8</external-xref> (123 Stat.729), is amended in the fourth paragraph under
the heading <quote>Administrative Provisions</quote> by striking
<quote>2011</quote> and inserting <quote>2015</quote>.</text><text display-inline="no-display-inline">From unobligated balances to carry out
projects and activities funded through the <quote>State and Tribal Assistance
Grants</quote> account, $142,000,000 are hereby permanently rescinded:
<italic>Provided</italic>, 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.</text><text display-inline="no-display-inline">The Administrator is authorized to transfer
up to $475,000,000 from the <quote>Environmental Programs and
Management</quote> 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.</text><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">For fiscal year
2010 and each fiscal year thereafter, the requirements of section 513 of the
Federal Water Pollution Control Act (<external-xref legal-doc="usc" parsable-cite="usc/33/1372">33 U.S.C. 1372</external-xref>) 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 (<external-xref legal-doc="usc" parsable-cite="usc/33/1381">33 U.S.C. 1381 et seq.</external-xref>), or with
assistance made available under section 205(m) of that Act (<external-xref legal-doc="usc" parsable-cite="usc/33/1285">33 U.S.C. 1285(m)</external-xref>),
or both.</text><text display-inline="no-display-inline">For fiscal year 2010
and each fiscal year thereafter, the requirements of section 1450(e) of the
Safe Drinking Water Act (<external-xref legal-doc="usc" parsable-cite="usc/42/300j-9">42 U.S.C. 300j–9(e)</external-xref>) 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 (<external-xref legal-doc="usc" parsable-cite="usc/42/300j-12">42 U.S.C.
300j–12</external-xref>).</text>
</appropriations-small><enum>III</enum><header>Related
agencies</header>
<appropriations-major id="HE4490B3468994A82A7A702BAC0A82D51"><header>Department of
agriculture</header>
</appropriations-major><appropriations-intermediate id="H48D57BA833314B87A37592DCE6D203BE"><header>Forest
service</header>
</appropriations-intermediate><appropriations-small id="HE28357BD6C734C20B93CCEA964C63506"><header>Forest and
rangeland research</header><text display-inline="no-display-inline">For
necessary expenses of forest and rangeland research as authorized by law,
$308,612,000, to remain available until expended: <italic>Provided</italic>,
That of the funds provided, $61,939,000 is for the forest inventory and
analysis program.</text>
</appropriations-small><appropriations-intermediate id="HCBF086631005468EB375BC17E03C2EF4"><header>State and private
forestry</header><text display-inline="no-display-inline">For necessary
expenses of cooperating with and providing technical and financial assistance
to States, territories, possessions, and others, and for forest health
management, including treatments of pests, pathogens, and invasive or noxious
plants and for restoring and rehabilitating forests damaged by pests or
invasive plants, cooperative forestry, and education and land conservation
activities and conducting an international program as authorized, $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.</text>
</appropriations-intermediate><appropriations-small id="H5AAD416D3CAC4A4397152C222C448F69"><header>National
forest system</header>
</appropriations-small><appropriations-small id="H60706F710C6440A38705DA5C5803BB9E"><header>(including
transfers of funds)</header><text display-inline="no-display-inline">For
necessary expenses of the Forest Service, not otherwise provided for, for
management, protection, improvement, and utilization of the National Forest
System, $1,564,801,000 (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)): <italic>Provided</italic>, 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:
<italic>Provided further</italic>, 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.</text>
</appropriations-small><appropriations-small id="HBF3FE05D22554CACAE38CAF46345F56A"><header>Capital
improvement and maintenance</header>
</appropriations-small><appropriations-small id="H5C6135CA956C453AB9FD8430FF95FF13"><header>(including
transfer of funds)</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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:
<italic>Provided further</italic>, 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: <italic>Provided
further</italic>, That public comment should be provided before system roads
are decommissioned: <italic>Provided further</italic>, That the decommissioning
of unauthorized roads not part of the official transportation system shall be
expedited in response to threats to public safety, water quality, or natural
resources: <italic>Provided further</italic>, That funds becoming available in
fiscal year 2010 under the Act of March 4, 1913 (<external-xref legal-doc="usc" parsable-cite="usc/16/501">16 U.S.C. 501</external-xref>) 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:<italic>
Provided further</italic>, 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.</text>
</appropriations-small><appropriations-small id="HE54C7F6A0F284689AF459259C2A9B542"><header>Land
acquisition</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="H6AF6119939F7440FB07E6FFAC738289D"><header>Acquisition of lands for
national forests special acts</header><text display-inline="no-display-inline">For acquisition of lands within the exterior
boundaries of the Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe
National Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and
Cleveland National Forests, California, as authorized by law, $1,050,000, to be
derived from forest receipts.</text>
</appropriations-small><appropriations-small id="H0168533B81044C8D88B7F1FCAC6DA2C2"><header>Acquisition of lands to complete
land exchanges</header><text display-inline="no-display-inline">For acquisition
of lands, such sums, to be derived from funds deposited by State, county, or
municipal governments, public school districts, or other public school
authorities, and for authorized expenditures from funds deposited by
non-Federal parties pursuant to Land Sale and Exchange Acts, pursuant to the
Act of December 4, 1967, as amended (<external-xref legal-doc="usc" parsable-cite="usc/16/484a">16 U.S.C. 484a</external-xref>), to remain
available until expended (16 U.S.C. 460l–516–617a, 555a;
<external-xref legal-doc="public-law" parsable-cite="pl/96/586">Public Law
96–586</external-xref>;
<external-xref legal-doc="public-law" parsable-cite="pl/76/589">Public Law
76–589</external-xref>, 76–591; and
<external-xref legal-doc="public-law" parsable-cite="pl/78/310">Public Law
78–310</external-xref>).</text>
</appropriations-small><appropriations-small id="HD1D7D079778D491A83D3EE81E185680E"><header>Range
betterment fund</header><text display-inline="no-display-inline">For necessary
expenses of range rehabilitation, protection, and improvement, 50 percent of
all moneys received during the prior fiscal year, as fees for grazing domestic
livestock on lands in National Forests in the 16 Western States, pursuant to
section 401(b)(1) of
<external-xref legal-doc="public-law" parsable-cite="pl/94/579">Public Law
94–579</external-xref>, as amended, to remain available until expended, of
which not to exceed 6 percent shall be available for administrative expenses
associated with on-the-ground range rehabilitation, protection, and
improvements.</text>
</appropriations-small><appropriations-small id="HFFE13B9295A04C139212592B27D9E4B6"><header>Gifts,
donations and bequests for forest and rangeland research</header><text display-inline="no-display-inline">For expenses authorized by
<external-xref legal-doc="usc" parsable-cite="usc/16/1643">16 U.S.C.
1643(b)</external-xref>, $50,000, to remain available until expended, to be
derived from the fund established pursuant to the above
Act.</text>
</appropriations-small><appropriations-small id="HB762F28D438E4741A1EAE1FD0521EFAC"><header>Management
of national forest lands for subsistence uses</header><text display-inline="no-display-inline">For necessary expenses of the Forest Service
to manage Federal lands in Alaska for subsistence uses under title VIII of the
Alaska National Interest Lands Conservation Act (<external-xref legal-doc="public-law" parsable-cite="pl/96/487">Public Law
96–487</external-xref>), $2,582,000, to remain available until
expended.</text>
</appropriations-small><appropriations-small id="H741219E78C9E492DADA8A8699C8DC66F"><header>Wildland
fire management</header>
</appropriations-small><appropriations-small id="H4BEE288C6D5F4E2D8858C0D590CAD759"><header>(including
transfers of funds)</header><text display-inline="no-display-inline">For
necessary expenses for forest fire presuppression activities on National Forest
System lands, for emergency fire suppression on or adjacent to such lands or
other lands under fire protection agreement, hazardous fuels reduction on or
adjacent to such lands, and for emergency rehabilitation of burned-over
National Forest System lands and water, $2,370,288,000, to remain available
until expended: <italic>Provided</italic>, That such funds including
unobligated balances under this heading, are available for repayment of
advances from other appropriations accounts previously transferred for such
purposes: <italic>Provided further</italic>, That such funds shall be available
to reimburse State and other cooperating entities for services provided in
response to wildfire and other emergencies or disasters to the extent such
reimbursements by the Forest Service for non-fire emergencies are fully repaid
by the responsible emergency management agency: <italic>Provided
further</italic>, That, notwithstanding any other provision of law, $8,000,000
of funds appropriated under this appropriation shall be used for Fire Science
Research in support of the Joint Fire Science Program: <italic>Provided
further</italic>, That all authorities for the use of funds, including the use
of contracts, grants, and cooperative agreements, available to execute the
Forest and Rangeland Research appropriation, are also available in the
utilization of these funds for Fire Science Research: <italic>Provided
further</italic>, That funds provided shall be available for emergency
rehabilitation and restoration, hazardous fuels reduction activities in the
urban-wildland interface, support to Federal emergency response, and wildfire
suppression activities of the Forest Service: <italic>Provided
further</italic>, That of the funds provided, $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 (<external-xref legal-doc="usc" parsable-cite="usc/16/1641">16 U.S.C.
1641 et seq.</external-xref>), $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: <italic>Provided further</italic>, That amounts in
this paragraph may be transferred to the <quote>State and Private
Forestry</quote>, <quote>National Forest System</quote>, and <quote>Forest and
Rangeland Research</quote> accounts to fund State fire assistance, volunteer
fire assistance, forest health management, forest and rangeland research, the
Joint Fire Science Program, vegetation and watershed management, heritage site
rehabilitation, and wildlife and fish habitat management and restoration:
<italic>Provided further</italic>, That up to $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: <italic>Provided further</italic>, That the costs of
implementing any cooperative agreement between the Federal Government and any
non-Federal entity may be shared, as mutually agreed on by the affected
parties: <italic>Provided further</italic>, That 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: <italic>Provided
further</italic>, That the Secretary of the Interior and the Secretary of
Agriculture may authorize the transfer of funds appropriated for wildland fire
management, in an aggregate amount not to exceed $50,000,000, between the
Departments when such transfers would facilitate and expedite jointly funded
wildland fire management programs and projects: <italic>Provided
further</italic>, That of the funds provided for hazardous fuels reduction, not
to exceed $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: <italic>Provided further</italic>, That
funds designated for wildfire suppression shall be assessed for cost pools on
the same basis as such assessments are calculated against other agency
programs.</text>
</appropriations-small><appropriations-intermediate id="HBDF0185FB3DE4ABCA6D6949F95F222C5"><header>Wildland Fire Suppression
Contingency Reserve Fund</header>
</appropriations-intermediate><appropriations-small id="H6BA55F7BC3014531A3C2EC9BF1A4DF00"><header>(including
Transfer of Funds)</header><text display-inline="no-display-inline">For
necessary expenses for transfer to <quote>Wildland Fire Management</quote> 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: <italic>Provided</italic>, That amounts in this paragraph may
be transferred and expended only if all funds appropriated for fire suppression
under the heading <quote>Wildland Fire Management</quote> shall be fully
obligated within 30 days: <italic>Provided further</italic>, That amounts are
available only to the extent the President has issued a finding that the
amounts are necessary for emergency fire
suppression.</text>
</appropriations-small><appropriations-small id="H4D16D1DBF1FC45B3851F74D28CE6EFDE"><header>Administrative provisions,
forest service</header><text display-inline="no-display-inline">Appropriations
to the Forest Service for the current fiscal year shall be available for: (1)
purchase of passenger motor vehicles; acquisition of passenger motor vehicles
from excess sources, and hire of such vehicles; purchase, lease, operation,
maintenance, and acquisition of aircraft from excess sources to maintain the
operable fleet for use in Forest Service wildland fire programs and other
Forest Service programs; notwithstanding other provisions of law, existing
aircraft being replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft; (2) services
pursuant to <external-xref legal-doc="usc" parsable-cite="usc/7/2225">7 U.S.C.
2225</external-xref>, and not to exceed $100,000 for employment under
<external-xref legal-doc="usc" parsable-cite="usc/5/3109">5 U.S.C.
3109</external-xref>; (3) purchase, erection, and alteration of buildings and
other public improvements (<external-xref legal-doc="usc" parsable-cite="usc/7/2250">7 U.S.C. 2250</external-xref>); (4) acquisition of
land, waters, and interests therein pursuant to
<external-xref legal-doc="usc" parsable-cite="usc/7/428a">7 U.S.C.
428a</external-xref>; (5) for expenses pursuant to the Volunteers in the
National Forest Act of 1972 (<external-xref legal-doc="usc" parsable-cite="usc/16/558a">16 U.S.C. 558a</external-xref>, 558d, and 558a
note); (6) the cost of uniforms as authorized by
<external-xref legal-doc="usc" parsable-cite="usc/5/5901">5 U.S.C.
5901–5902</external-xref>; and (7) for debt collection contracts in accordance
with <external-xref legal-doc="usc" parsable-cite="usc/31/3718">31 U.S.C.
3718(c)</external-xref>.</text><text display-inline="no-display-inline">Any
appropriations or funds available to the Forest Service may be transferred to
the Wildland Fire Management appropriation for 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 <quote>Wildland
Fire Management</quote> and <quote>Wildland Fire Suppression Contingency
Reserve Fund</quote> shall be fully obligated within 30 days:
<italic>Provided</italic>, That all funds used pursuant to this paragraph must
be replenished by a supplemental appropriation which must be requested as
promptly as possible.</text><text display-inline="no-display-inline">Funds
appropriated to the Forest Service shall be available for assistance to or
through the Agency for International Development in connection with forest and
rangeland research, technical information, and assistance in foreign countries,
and shall be available to support forestry and related natural resource
activities outside the United States and its territories and possessions,
including technical assistance, education and training, and cooperation with
United States and international organizations.</text><text display-inline="no-display-inline">None of the funds made available to the
Forest Service in this Act or any other Act with respect to any fiscal year
shall be subject to transfer under the provisions of section 702(b) of the
Department of Agriculture Organic Act of 1944 (<external-xref legal-doc="usc" parsable-cite="usc/7/2257">7 U.S.C. 2257</external-xref>), section 442 of
<external-xref legal-doc="public-law" parsable-cite="pl/106/224">Public Law
106–224</external-xref> (<external-xref legal-doc="usc" parsable-cite="usc/7/7772">7 U.S.C. 7772</external-xref>), or section 10417(b)
of <external-xref legal-doc="public-law" parsable-cite="pl/107/107">Public Law
107–107</external-xref> (<external-xref legal-doc="usc" parsable-cite="usc/7/8316">7 U.S.C. 8316(b)</external-xref>).</text><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">Funds available to the Forest Service shall
be available to conduct a program of up to $5,000,000 for priority projects
within the scope of the approved budget, of which $2,500,000 shall be carried
out by the Youth Conservation Corps and $2,500,000 shall be carried out under
the authority of the Public Lands Corps Healthy Forests Restoration Act of
2005, <external-xref legal-doc="public-law" parsable-cite="pl/109/154">Public
Law 109–154</external-xref>.</text><text display-inline="no-display-inline">Of
the funds available to the Forest Service, $4,000 is available to the Chief of
the Forest Service for official reception and representation
expenses.</text><text display-inline="no-display-inline">Pursuant to sections
405(b) and 410(b) of
<external-xref legal-doc="public-law" parsable-cite="pl/101/593">Public Law
101–593</external-xref>, 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:
<italic>Provided</italic>, That the Foundation shall obtain, by the end of the
period of Federal financial assistance, private contributions to match on at
least one-for-one basis funds made available by the Forest Service:
<italic>Provided further</italic>, That the Foundation may transfer Federal
funds to Federal or a non-Federal recipient for a project at the same rate that
the recipient has obtained the non-Federal matching funds: <italic>Provided
further</italic>, That authorized investments of Federal funds held by the
Foundation may be made only in interest-bearing obligations of the United
States or in obligations guaranteed as to both principal and interest by the
United States.</text><text display-inline="no-display-inline">Pursuant to
section 2(b)(2) of
<external-xref legal-doc="public-law" parsable-cite="pl/98/244">Public Law
98–244</external-xref>, $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: <italic>Provided</italic>, That such funds shall be matched
on at least a one-for-one basis by the Foundation or its sub-recipients:
<italic>Provided further</italic>, That the Foundation may transfer Federal
funds to a Federal or non-Federal recipient for a project at the same rate that
the recipient has obtained the non-Federal matching funds.</text><text display-inline="no-display-inline">Funds appropriated to the Forest Service
shall be available for interactions with and providing technical assistance to
rural communities and natural resource-based businesses for sustainable rural
development purposes.</text><text display-inline="no-display-inline">Funds
appropriated to the Forest Service shall be available for payments to counties
within the Columbia River Gorge National Scenic Area, pursuant to section
14(c)(1) and (2), and section 16(a)(2) of
<external-xref legal-doc="public-law" parsable-cite="pl/99/663">Public Law
99–663</external-xref>.</text><text display-inline="no-display-inline">An
eligible individual who is employed in any project funded under title V of the
Older American Act of 1965 (<external-xref legal-doc="usc" parsable-cite="usc/42/3056">42 U.S.C. 3056 et seq.</external-xref>) and
administered by the Forest Service shall be considered to be a Federal employee
for purposes of
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/28/171">chapter 171</external-xref> of title 28,
United States Code.</text><text display-inline="no-display-inline">Any funds
appropriated to the Forest Service may be used to meet the non-Federal share
requirement in section 502(c) of the Older American Act of 1965 (<external-xref legal-doc="usc" parsable-cite="usc/42/3056">42 U.S.C.
3056(c)(2)</external-xref>).</text><text display-inline="no-display-inline">Funds available to the Forest Service, not
to exceed $55,000,000, shall be assessed for the purpose of performing fire,
administrative and other facilities maintenance. Such assessments shall occur
using a square foot rate charged on the same basis the agency uses to assess
programs for payment of rent, utilities, and other support
services.</text><text display-inline="no-display-inline">Notwithstanding any
other provision of law, any appropriations or funds available to the Forest
Service not to exceed $500,000 may be used to reimburse the Office of the
General Counsel (OGC), Department of Agriculture, for travel and related
expenses incurred as a result of OGC assistance or participation requested by
the Forest Service at meetings, training sessions, management reviews, land
purchase negotiations and similar non-litigation related matters. Future budget
justifications for both the Forest Service and the Department of Agriculture
should clearly display the sums previously transferred and the requested
funding transfers.</text><text display-inline="no-display-inline">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,
<external-xref legal-doc="public-law" parsable-cite="pl/109/54">Public Law
109–54</external-xref>, is amended by striking “2009” and inserting
“2014”.</text>
</appropriations-small><appropriations-major id="H502E29BA762741FFA8DD068613029C5A"><header>Department
of health and human services</header>
</appropriations-major><appropriations-intermediate id="H2994895B7CD84F178818DF77EBA5C8EE"><header>Indian health
service</header>
</appropriations-intermediate><appropriations-small id="HC064BA2E33854E3BB3E048B828DF197C"><header>Indian
health services</header><text display-inline="no-display-inline">For expenses
necessary to carry out the Act of August 5, 1954 (68 Stat. 674), the 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 <external-xref legal-doc="usc" parsable-cite="usc/42/238">42 U.S.C.
238(b)</external-xref> and 238b for services furnished by the Indian Health
Service: <italic>Provided</italic>, That funds made available to tribes and
tribal organizations through contracts, grant agreements, or any other
agreements or compacts authorized by the Indian Self-Determination and
Education Assistance Act of 1975 (<external-xref legal-doc="usc" parsable-cite="usc/25/450">25 U.S.C. 450</external-xref>), shall be deemed to
be obligated at the time of the grant or contract award and thereafter shall
remain available to the tribe or tribal organization without fiscal year
limitation: <italic>Provided further</italic>, That $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: <italic>Provided further</italic>, That $779,347,000 for
contract medical care, including $48,000,000 for the Indian Catastrophic Health
Emergency Fund, shall remain available until expended: <italic>Provided
further</italic>, That no less than $43,139,000 is provided for maintaining
operations of the urban Indian health program: <italic>Provided
further</italic>, That of the funds provided, up to $32,000,000 shall remain
available until expended for implementation of the loan repayment program under
section 108 of the Indian Health Care Improvement Act: <italic>Provided
further</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided
further</italic>, 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): <italic>Provided further</italic>, That
funding contained herein, and in any earlier appropriations Acts for
scholarship programs under the Indian Health Care Improvement Act
(<external-xref legal-doc="usc" parsable-cite="usc/25/1613">25 U.S.C.
1613</external-xref>) shall remain available until expended: <italic>Provided
further</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided
further</italic>, That the Bureau of Indian Affairs may collect from the Indian
Health Service, tribes and tribal organizations operating health facilities
pursuant to <external-xref legal-doc="public-law" parsable-cite="pl/93/638">Public Law 93–638</external-xref>, 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 (<external-xref legal-doc="usc" parsable-cite="usc/20/1400">20 U.S.C. 1400 et seq.</external-xref>):
<italic>Provided further</italic>, That the Indian Health Care Improvement Fund
may be used, as needed, to carry out activities typically funded under the
Indian Health Facilities account.</text>
</appropriations-small><appropriations-small id="H2191AF15684841528A5DA28863304CCF"><header>Indian
health facilities</header><text display-inline="no-display-inline">For
construction, repair, maintenance, improvement, and equipment of health and
related auxiliary facilities, including quarters for personnel; preparation of
plans, specifications, and drawings; acquisition of sites, purchase and
erection of modular buildings, and purchases of trailers; and for provision of
domestic and community sanitation facilities for Indians, as authorized by
section 7 of the Act of August 5, 1954 (<external-xref legal-doc="usc" parsable-cite="usc/42/2004a">42 U.S.C. 2004a</external-xref>), 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: <italic>Provided</italic>, 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: <italic>Provided
further</italic>, That not to exceed $500,000 shall be used by the Indian
Health Service to purchase TRANSAM equipment from the Department of Defense for
distribution to the Indian Health Service and tribal facilities:
<italic>Provided further</italic>, That none of the funds appropriated to the
Indian Health Service may be used for sanitation facilities construction for
new homes funded with grants by the housing programs of the United States
Department of Housing and Urban Development: <italic>Provided further</italic>,
That not to exceed $2,700,000 from this account and the <quote>Indian Health
Services</quote> account shall be used by the Indian Health Service to obtain
ambulances for the Indian Health Service and tribal facilities in conjunction
with an existing interagency agreement between the Indian Health Service and
the General Services Administration: <italic>Provided further</italic>, That
not to exceed $500,000 shall be placed in a Demolition Fund, available until
expended, to be used by the Indian Health Service for demolition of Federal
buildings.</text></appropriations-small><appropriations-small id="H1234GFRTRD"><header>Administrative provisions, indian health
service</header><text display-inline="no-display-inline">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
<external-xref legal-doc="usc" parsable-cite="usc/5/5376">5 U.S.C.
5376</external-xref>; 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 <external-xref legal-doc="usc" parsable-cite="usc/5/5901">5
U.S.C. 5901–5902</external-xref>; 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.</text><text display-inline="no-display-inline">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 (<external-xref legal-doc="usc" parsable-cite="usc/42/2651">42 U.S.C. 2651–2653</external-xref>) 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
<external-xref legal-doc="public-law" parsable-cite="pl/86/121">Public Law
86–121</external-xref>, the Indian Sanitation Facilities Act and
<external-xref legal-doc="public-law" parsable-cite="pl/93/638">Public Law
93–638</external-xref>, as amended.</text><text display-inline="no-display-inline">Funds appropriated to the Indian Health
Service in this Act, except those used for administrative and program direction
purposes, shall not be subject to limitations directed at curtailing Federal
travel and transportation.</text><text display-inline="no-display-inline">None
of the funds made available to the Indian Health Service in this Act shall be
used for any assessments or charges by the Department of Health and Human
Services unless identified in the budget justification and provided in this
Act, or approved by the House and Senate Committees on Appropriations through
the reprogramming process.</text><text display-inline="no-display-inline">Notwithstanding any other provision of law,
funds previously or herein made available to a tribe or tribal organization
through a contract, grant, or agreement authorized by title I or V of the
Indian Self-Determination and Education Assistance Act of 1975 (<external-xref legal-doc="usc" parsable-cite="usc/25/450">25 U.S.C. 450</external-xref>), may
be deobligated and reobligated to a self-determination contract under title I,
or a self-governance agreement under title V of such Act and thereafter shall
remain available to the tribe or tribal organization without fiscal year
limitation.</text><text display-inline="no-display-inline">None of the funds
made available to the Indian Health Service in this Act shall be used to
implement the final rule published in the Federal Register on September 16,
1987, by the Department of Health and Human Services, relating to the
eligibility for the health care services of the Indian Health Service until the
Indian Health Service has submitted a budget request reflecting the increased
costs associated with the proposed final rule, and such request has been
included in an appropriations Act and enacted into law.</text><text display-inline="no-display-inline">With respect to functions transferred by the
Indian Health Service to tribes or tribal organizations, the Indian Health
Service is authorized to provide goods and services to those entities, on a
reimbursable basis, including 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.</text><text display-inline="no-display-inline">Reimbursements for training, technical
assistance, or services provided by the Indian Health Service will contain
total costs, including direct, administrative, and overhead associated with the
provision of goods, services, or technical assistance.</text><text display-inline="no-display-inline">The appropriation structure for the Indian
Health Service may not be altered without advance notification to the House and
Senate Committees on Appropriations.</text>
</appropriations-small><appropriations-intermediate id="H5AC6317734C047E0AE3DB9C58574F7FA"><header>National institutes of
health</header>
</appropriations-intermediate><appropriations-small id="HFDF8C674FF574B63AEDD3E64A35E2CC7"><header>National
institute of environmental health sciences</header><text display-inline="no-display-inline">For necessary expenses for the National
Institute of Environmental Health Sciences in carrying out activities set forth
in section 311(a) of the 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.</text>
</appropriations-small><appropriations-intermediate id="HFBECD47E7AF447378F73A921E6691FC4"><header>Agency for toxic substances and
disease registry</header>
</appropriations-intermediate><appropriations-small id="H25426DEC43D64328B2AB6D2412606823"><header>Toxic
substances and environmental public health</header><text display-inline="no-display-inline">For necessary expenses for the Agency for
Toxic Substances and Disease Registry (ATSDR) in carrying out activities set
forth in sections 104(i) and 111(c)(4) of the 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: <italic>Provided</italic>, That notwithstanding
any other provision of law, in lieu of performing a health assessment under
section 104(i)(6) of CERCLA, the Administrator of ATSDR may conduct other
appropriate health studies, evaluations, or activities, including, without
limitation, biomedical testing, clinical evaluations, medical monitoring, and
referral to accredited health care providers: <italic>Provided
further</italic>, That in performing any such health assessment or health
study, evaluation, or activity, the Administrator of ATSDR shall not be bound
by the deadlines in section 104(i)(6)(A) of CERCLA: <italic>Provided
further</italic>, That none of the funds appropriated under this heading shall
be available for ATSDR to issue in excess of 40 toxicological profiles pursuant
to section 104(i) of CERCLA during fiscal year 2010, and existing profiles may
be updated as necessary.</text>
</appropriations-small><appropriations-major id="H6EF0D07ABD344373801998305AD32B63"><header>Other
related agencies</header>
</appropriations-major><appropriations-intermediate id="HC496346F6A0E472797274F2770749572"><header>Executive office of the
president</header>
</appropriations-intermediate><appropriations-small id="H7F71A51FA49B4C5CAD76BEB4C2EC362F"><header>Council on
environmental quality and office of environmental quality</header><text display-inline="no-display-inline">For necessary expenses to continue functions
assigned to the Council on Environmental Quality and Office of Environmental
Quality pursuant to the 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: <italic>Provided</italic>, That notwithstanding section
202 of the National Environmental Policy Act of 1970, the Council shall consist
of one member, appointed by the President, by and with the advice and consent
of the Senate, serving as chairman and exercising all powers, functions, and
duties of the Council.</text>
</appropriations-small><appropriations-intermediate id="H82C71FBD08C74E46A6018A2BC5BA40AE"><header>Chemical safety and hazard
investigation board</header>
</appropriations-intermediate><appropriations-small id="HB6ED7727DB394B4A85984E917B6ECEE7"><header>Salaries
and expenses</header>
</appropriations-small><appropriations-small id="H2B6FB58FF99C43228F575D9990735D38"><header>(including
transfer of funds)</header><text display-inline="no-display-inline">For
necessary expenses in carrying out activities pursuant to section 112(r)(6) of
the Clean Air Act, as amended, including hire of passenger vehicles, uniforms
or allowances therefor, as authorized by
<external-xref legal-doc="usc" parsable-cite="usc/5/5901">5 U.S.C.
5901–5902</external-xref>, 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
<external-xref legal-doc="usc" parsable-cite="usc/5/5376">5 U.S.C.
5376</external-xref>, $10,547,000: <italic>Provided</italic>, That the Chemical
Safety and Hazard Investigation Board (Board) shall have not more than three
career Senior Executive Service positions: <italic>Provided further</italic>,
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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, That of the
funds appropriated under this heading, $150,000 shall be paid to the
<quote>Office of Inspector General</quote> appropriation of the Environmental
Protection Agency.</text>
</appropriations-small><appropriations-intermediate id="H5E564BB1D40E4AD48E6D53515CCC34B0"><header>Office of navajo and hopi indian
relocation</header>
</appropriations-intermediate><appropriations-small id="HAF9260A75EB64F7F8CD9507C8E9F9865"><header>Salaries
and expenses</header><text display-inline="no-display-inline">For necessary
expenses of the Office of Navajo and Hopi Indian Relocation as authorized by
<external-xref legal-doc="public-law" parsable-cite="pl/93/531">Public Law
93–531</external-xref>, $8,000,000, to remain available until expended:
<italic>Provided</italic>, That funds provided in this or any other
appropriations Act are to be used to relocate eligible individuals and groups
including evictees from District 6, Hopi-partitioned lands residents, those in
significantly substandard housing, and all others certified as eligible and not
included in the preceding categories: <italic>Provided further</italic>, That
none of the funds contained in this or any other Act may be used by the Office
of Navajo and Hopi Indian Relocation to evict any single Navajo or Navajo
family who, as of November 30, 1985, was physically domiciled on the lands
partitioned to the Hopi Tribe unless a new or replacement home is provided for
such household: <italic>Provided further</italic>, That no relocatee will be
provided with more than one new or replacement home: <italic>Provided
further</italic>, That the Office shall relocate any certified eligible
relocatees who have selected and received an approved homesite on the Navajo
reservation or selected a replacement residence off the Navajo reservation or
on the land acquired pursuant to 25 U.S.C.
640d–10.</text>
</appropriations-small><appropriations-intermediate id="H7A9BC60E66934586A2502C460C2BB133"><header>Institute of american indian and
alaska native culture and arts
development</header>
</appropriations-intermediate><appropriations-small id="H601ABC896941422585BFC2221AAA752B"><header>Payment to
the institute</header><text display-inline="no-display-inline">For payment to
the Institute of American Indian and Alaska Native Culture and Arts
Development, as authorized by title XV of
<external-xref legal-doc="public-law" parsable-cite="pl/99/498">Public Law
99–498</external-xref>, as amended (20 U.S.C. 56 part A),
$8,300,000.</text>
</appropriations-small><appropriations-intermediate id="H393DC6F6D9434D0F8A23418B341436E8"><header>Smithsonian
institution</header>
</appropriations-intermediate><appropriations-small id="HB26BB0029EA542BAB1A9E36C905C62D0"><header>Salaries
and expenses</header><text display-inline="no-display-inline">For necessary
expenses of the Smithsonian Institution, as authorized by law, including
research in the fields of art, science, and history; development, preservation,
and documentation of the National Collections; presentation of public exhibits
and performances; collection, preparation, dissemination, and exchange of
information and publications; conduct of education, training, and museum
assistance programs; maintenance, alteration, operation, lease (for terms not
to exceed 30 years), and protection of buildings, facilities, and approaches;
not to exceed $100,000 for services as authorized by
<external-xref legal-doc="usc" parsable-cite="usc/5/3109">5 U.S.C.
3109</external-xref>; 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:
<italic>Provided</italic>, That funds appropriated herein are available for
advance payments to independent contractors performing research services or
participating in official Smithsonian
presentations.</text>
</appropriations-small><appropriations-small id="H766A143447AC4F2E9D84DA3F24904105"><header>Facilities
capital</header><text display-inline="no-display-inline">For necessary expenses
of repair, revitalization, and alteration of facilities owned or occupied by
the Smithsonian Institution, by contract or otherwise, as authorized by section
2 of the Act of August 22, 1949 (63 Stat. 623), and for construction, including
necessary personnel, $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.</text>
</appropriations-small><appropriations-small id="H5C96C9A503F241FCB601F4D51FA347A2"><header>Administrative Provision,
Smithsonian Institution</header><text display-inline="no-display-inline">Notwithstanding any provision of the
Department of the Interior, Environment, and Related Agencies Appropriations
Act, 2008 (<external-xref legal-doc="public-law" parsable-cite="pl/110/161">Public Law 110–161</external-xref>; 121 Stat. 2140),
the funds provided for <quote>Smithsonian Institution, Legacy Fund</quote>
under such Act may be transferred to and made a part of the appropriation for
<quote>Smithsonian Institution, Facilities Capital</quote> in this Act and
utilized by the Smithsonian Institution under the same terms and conditions
that apply to other funds contained in such
appropriation.</text>
</appropriations-small><appropriations-intermediate id="H2F3615CEEBD84494800439148661127E"><header>National gallery of
art</header>
</appropriations-intermediate><appropriations-small id="H0E698C01C7FA4788AB1DDCB68818E86C"><header>Salaries
and expenses</header><text display-inline="no-display-inline">For the upkeep
and operations of the National Gallery of Art, the protection and care of the
works of art therein, and administrative expenses incident thereto, as
authorized by the Act of March 24, 1937 (50 Stat. 51), as amended by the public
resolution of April 13, 1939 (Public Resolution 9, Seventy-sixth Congress),
including services as authorized by
<external-xref legal-doc="usc" parsable-cite="usc/5/3109">5 U.S.C.
3109</external-xref>; 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 (<external-xref legal-doc="usc" parsable-cite="usc/5/5901">5 U.S.C. 5901–5902</external-xref>); purchase or
rental of devices and services for protecting buildings and contents thereof,
and maintenance, alteration, improvement, and repair of buildings, approaches,
and grounds; and purchase of services for restoration and repair of works of
art for the National Gallery of Art by contracts made, without advertising,
with individuals, firms, or organizations at such rates or prices and under
such terms and conditions as the Gallery may deem proper, $110,746,000, of
which not to exceed $3,386,000 for the special exhibition program shall remain
available until expended.</text>
</appropriations-small><appropriations-small id="HADF40D3E3C624CDF9F3575C8D6314D24"><header>Repair,
restoration and renovation of buildings</header><text display-inline="no-display-inline">For necessary expenses of repair,
restoration and renovation of buildings, grounds and facilities owned or
occupied by the National Gallery of Art, by contract or otherwise, as
authorized, $56,259,000, to remain available until expended:
<italic>Provided</italic>, That of this amount, $40,000,000 shall be available
to repair the National Gallery’s East Building facade: <italic>Provided
further</italic>, That contracts awarded for environmental systems, protection
systems, and exterior repair or renovation of buildings of the National Gallery
of Art may be negotiated with selected contractors and awarded on the basis of
contractor qualifications as well as price.</text>
</appropriations-small><appropriations-intermediate id="H85CC2BD16F79412DB2D0870053763E43"><header>John F. kennedy center for the
performing arts</header>
</appropriations-intermediate><appropriations-small id="HF62D5B89EC404777A8B7AA96F8D6CD73"><header>Operations
and maintenance</header><text display-inline="no-display-inline">For necessary
expenses for the operation, maintenance and security of the John F. Kennedy
Center for the Performing Arts, $25,000,000: <italic>Provided</italic>, 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.</text>
</appropriations-small><appropriations-small id="H4743D73F878E47A2B8313DA1782A6A61"><header>Capital
Repair and Restoration</header><text display-inline="no-display-inline">For
necessary expenses for capital repair and restoration of the existing features
of the building and site of the John F. Kennedy Center for the Performing Arts,
$17,447,000, to remain available until expended.</text>
</appropriations-small><appropriations-intermediate id="H1A321DA951804E04B15475CD7503638A"><header>Woodrow wilson international
center for scholars</header>
</appropriations-intermediate><appropriations-small id="H7CC7FF12A7BC470CA6B24831E038576F"><header>Salaries
and expenses</header><text display-inline="no-display-inline">For expenses
necessary in carrying out the provisions of the Woodrow Wilson Memorial Act of
1968 (82 Stat. 1356) including hire of passenger vehicles and services as
authorized by <external-xref legal-doc="usc" parsable-cite="usc/5/3109">5
U.S.C. 3109</external-xref>, $12,225,000, to remain available until September
30, 2011.</text>
</appropriations-small><appropriations-intermediate id="H1D7D1D589A7D46B29788BE500F4486C9"><header>National foundation on the arts
and the humanities</header>
</appropriations-intermediate><appropriations-intermediate id="H8A5E0D1943D541CE8041B875306576A6"><header>National endowment for the
arts</header>
</appropriations-intermediate><appropriations-small id="HB8DF4DFAD5D743A59AFBC178628194D7"><header>Grants and
administration</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, That funds appropriated herein shall
be expended in accordance with sections 309 and 311 of
<external-xref legal-doc="public-law" parsable-cite="pl/108/447">Public Law
108–447</external-xref>.</text>
</appropriations-small><appropriations-intermediate id="H8452C8F9D65A493BAB16423D05C41C6B"><header>National endowment for the
humanities</header>
</appropriations-intermediate><appropriations-small id="HA2D37B6F50BA444088967E4A50A93029"><header>Grants and
administration</header><text display-inline="no-display-inline">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): <italic>Provided</italic>, That
appropriations for carrying out section 10(a)(2) shall be available for
obligation only in such amounts as may be equal to the total amounts of gifts,
bequests, and devises of money, and other property accepted by the chairman or
by grantees of the Endowment under the provisions of subsections 11(a)(2)(B)
and 11(a)(3)(B) during the current and preceding fiscal years for which equal
amounts have not previously been appropriated.</text>
</appropriations-small><appropriations-small id="HD542AAD0F0F44568AA586614BB405D0E"><header>Administrative
provision</header><text display-inline="no-display-inline">None of the funds
appropriated to the National Foundation on the Arts and the Humanities may be
used to process any grant or contract documents which do not include the text
of 18 U.S.C. 1913: <italic>Provided</italic>, 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: <italic>Provided
further</italic>, That funds from nonappropriated sources may be used as
necessary for official reception and representation expenses: <italic>Provided
further</italic>, 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:
<italic>Provided further</italic>, That such small grant actions are taken
pursuant to the terms of an expressed and direct delegation of authority from
the National Council on the Arts to the
Chairperson.</text>
</appropriations-small><appropriations-intermediate id="HCE06D07C07E340D786229CAFB6A4B1B9"><header>Commission of fine
arts</header>
</appropriations-intermediate><appropriations-small id="H97527363675440AD864CFDC9E2B91C23"><header>Salaries
and expenses</header><text display-inline="no-display-inline">For expenses made
necessary by the Act establishing a Commission of Fine Arts (<external-xref legal-doc="usc" parsable-cite="usc/40/104">40 U.S.C. 104</external-xref>),
$2,294,000: <italic>Provided</italic>, That the Commission is authorized to
charge fees to cover the full costs of its publications, and such fees shall be
credited to this account as an offsetting collection, to remain available until
expended without further appropriation: <italic>Provided further</italic>, 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.</text>
</appropriations-small><appropriations-small id="HB5B2F6E9AA774D3884CC5C39D1F92BD5"><header>National
capital arts and cultural affairs</header><text display-inline="no-display-inline">For necessary expenses as authorized by
<external-xref legal-doc="public-law" parsable-cite="pl/99/190">Public Law
99–190</external-xref> (<external-xref legal-doc="usc" parsable-cite="usc/20/956a">20 U.S.C. 956a</external-xref>), as amended,
$10,000,000.</text>
</appropriations-small><appropriations-intermediate id="HD69B245AD2DC4C87A2C67A0AAC026AA8"><header>Advisory council on historic
preservation</header>
</appropriations-intermediate><appropriations-small id="H14E10D1F857B42D9B663552364A21B1C"><header>Salaries
and expenses</header><text display-inline="no-display-inline">For necessary
expenses of the Advisory Council on Historic Preservation (<external-xref legal-doc="public-law" parsable-cite="pl/89/665">Public Law
89–665</external-xref>, as amended), $5,908,000: <italic>Provided</italic>,
That none of these funds shall be available for compensation of level V of the
Executive Schedule or higher positions.</text>
</appropriations-small><appropriations-intermediate id="H2685522E54E942928FB9CF0C6D361E2F"><header>National capital planning
commission</header>
</appropriations-intermediate><appropriations-small id="H8EB3FA8E7602432DB1B650DCFF9BA476"><header>Salaries
and expenses</header><text display-inline="no-display-inline">For necessary
expenses, as authorized by the National Capital Planning Act of 1952
(<external-xref legal-doc="usc" parsable-cite="usc/40/71-71i">40 U.S.C.
71–71i</external-xref>), including services as authorized by
<external-xref legal-doc="usc" parsable-cite="usc/5/3109">5 U.S.C.
3109</external-xref>, $8,507,000: <italic>Provided</italic>, That one-quarter
of 1 percent of the funds provided under this heading may be used for official
reception and representational expenses associated with hosting international
visitors engaged in the planning and physical development of world
capitals.</text>
</appropriations-small><appropriations-intermediate id="H3EF362D8EE4846CEA945D11AC0551AB6"><header>United states holocaust memorial
museum</header>
</appropriations-intermediate><appropriations-small id="H9BED6260021740D19A24A6C6146158AD"><header>Holocaust
memorial museum</header><text display-inline="no-display-inline">For expenses
of the Holocaust Memorial Museum, as authorized by
<external-xref legal-doc="public-law" parsable-cite="pl/106/292">Public Law
106–292</external-xref> (<external-xref legal-doc="usc" parsable-cite="usc/36/2301">36 U.S.C. 2301–2310</external-xref>), $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.</text>
</appropriations-small><appropriations-intermediate id="H5F5F168E404744D1992CC8BA5BC1D981"><header>Presidio
trust</header>
</appropriations-intermediate><appropriations-small id="HA95324714C6D4868B3A64EB62D54A7E2"><header>Presidio
trust fund</header><text display-inline="no-display-inline">For necessary
expenses to carry out title I of the Omnibus Parks and Public Lands Management
Act of 1996, $23,200,000 shall be available to the Presidio Trust, to remain
available until expended.</text>
</appropriations-small><appropriations-intermediate id="H549D047BC56A44D8B06FF7CFB6CC6F9D"><header>Dwight D. eisenhower memorial
commission</header>
</appropriations-intermediate><appropriations-small id="HE0C520BD7BE94FB1B5BC91A40C50BEEA"><header>Salaries
and expenses</header><text display-inline="no-display-inline">For necessary
expenses, including the costs of construction design, of the Dwight D.
Eisenhower Memorial Commission, $2,000,000 to remain available until
expended.</text>
</appropriations-small><appropriations-small id="H42B584F1E03042F1A264A2662B2A68AE"><header>Capital
construction</header><text display-inline="no-display-inline">For necessary
expenses of the Dwight D. Eisenhower Memorial Commission for design and
construction of a memorial in honor of Dwight D. Eisenhower, as authorized by
<external-xref legal-doc="public-law" parsable-cite="pl/106/79">Public Law
106–79</external-xref>, $10,000,000, to remain available until
expended.</text>
</appropriations-small><enum>IV</enum><header>General
provisions</header>
<appropriations-small id="HCE1B3F3A181A48529A380A43BABE5868"><header>(including transfers of
funds)</header>
</appropriations-small><section id="ID1B2872B919A542888A85369E306A465E"><enum>401.</enum><text>The expenditure
of any appropriation under this Act for any consulting service through
procurement contract, pursuant to
<external-xref legal-doc="usc" parsable-cite="usc/5/3109">5 U.S.C.
3109</external-xref>, shall be limited to those contracts where such
expenditures are a matter of public record and available for public inspection,
except where otherwise provided under existing law, or under existing Executive
Order issued pursuant to existing law.</text>
</section><section id="ID2D4A60DDB74E47589CCBAC74495B7291"><enum>402.</enum><text>No part of any
appropriation contained in this Act shall be available for any activity or the
publication or distribution of literature that in any way tends to promote
public support or opposition to any legislative proposal on which Congressional
action is not complete other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.</text>
</section><section id="IDA22F13D14D4A4370A1C6AAD05A7F8735"><enum>403.</enum><text>No part of any
appropriation contained in this Act shall remain available for obligation
beyond the current fiscal year unless expressly so provided herein.</text>
</section><section id="IDC86DD2948C294D26A2C79C06D11BC0AA"><enum>404.</enum><text>None of the
funds provided in this Act to any department or agency shall be obligated or
expended to provide a personal cook, chauffeur, or other personal servants to
any officer or employee of such department or agency except as otherwise
provided by law.</text>
</section><section id="ID19FEDAEA592A404F891750EF7DD426EA"><enum>405.</enum><text>Estimated
overhead charges, deductions, reserves or holdbacks from programs, projects,
activities and subactivities to support government-wide, departmental, agency
or bureau administrative functions or headquarters, regional or central
operations shall be presented in annual budget justifications and subject to
approval by the Committees on Appropriations. Changes to such estimates shall
be presented to the Committees on Appropriations for approval.</text>
</section><section id="ID375A7FA5F610490587D7BB0BEF86A2C7"><enum>406.</enum><text>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.</text>
</section><section id="HBBF171F0B81C437982455EEB058A821A"><enum>407.</enum><subsection commented="no" display-inline="yes-display-inline" id="HC54400CA65F947E9BF64CDDC1606902C"><enum>(a)</enum><header>Limitation of
Funds</header><text>None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim located under the
general mining laws.</text>
</subsection><subsection id="H8E537A26E7A0446280B6CDEC620C6178"><enum>(b)</enum><header>Exceptions</header><text>The
provisions of subsection (a) shall not apply if the Secretary of the Interior
determines that, for the claim concerned: (1) a patent application was filed
with the Secretary on or before September 30, 1994; and (2) all requirements
established under sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29
and 30) for vein or lode claims and sections 2329, 2330, 2331, and 2333 of the
Revised Statutes (<external-xref legal-doc="usc" parsable-cite="usc/30/35">30
U.S.C. 35</external-xref>, 36, and 37) for placer claims, and section 2337 of
the Revised Statutes (<external-xref legal-doc="usc" parsable-cite="usc/30/42">30 U.S.C. 42</external-xref>) for mill site claims,
as the case may be, were fully complied with by the applicant by that
date.</text>
</subsection><subsection id="HC3841C8A718B44869A4135B23324DD50"><enum>(c)</enum><header>Report</header><text>On
September 30, 2010, the Secretary of the Interior shall file with the House and
Senate Committees on Appropriations and the Committee on Natural Resources of
the House of Representatives and the Committee on Energy and Natural Resources
of the Senate a report on actions taken by the Department under the plan
submitted pursuant to section 314(c) of the Department of the Interior and
Related Agencies Appropriations Act, 1997 (<external-xref legal-doc="public-law" parsable-cite="pl/104/208">Public Law
104–208</external-xref>).</text>
</subsection><subsection id="H9B9E9CE639F944E5BDAE6D24FE3E2987"><enum>(d)</enum><header>Mineral
Examinations</header><text>In order to process patent applications in a timely
and responsible manner, upon the request of a patent applicant, the Secretary
of the Interior shall allow the applicant to fund a qualified third-party
contractor to be selected by the Bureau of Land Management to conduct a mineral
examination of the mining claims or mill sites contained in a patent
application as set forth in subsection (b). The Bureau of Land Management shall
have the sole responsibility to choose and pay the third-party contractor in
accordance with the standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.</text>
</subsection></section><section id="ID7023747F89CC453E8C26E0BE5B61D684"><enum>408.</enum><text>Notwithstanding
any other provision of law, amounts appropriated to or otherwise designated in
committee reports for the Bureau of Indian Affairs and the Indian Health
Service by Public Laws 103–138, 103–332, 104–134, 104–208, 105–83, 105–277,
106–113, 106–291, 107–63, 108–7, 108–108, 108–447, 109–54, 109–289, division B
and Continuing Appropriations Resolution, 2007 (division B of
<external-xref legal-doc="public-law" parsable-cite="pl/109/289">Public Law
109–289</external-xref>, 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<added-phrase committee-id="SSAP00" reported-display-style="italic">,</added-phrase> 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.</text>
</section><section id="ID2BC26C48F33148EDB0ABC7B57AC5781E"><enum>409.</enum><text>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
(<external-xref legal-doc="usc" parsable-cite="usc/16/1604">16 U.S.C.
1604(f)(5)(A)</external-xref>) 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 (<external-xref legal-doc="usc" parsable-cite="usc/16/1600">16 U.S.C. 1600 et seq.</external-xref>) or any
other law: <italic>Provided</italic>, That if the Secretary is not acting
expeditiously and in good faith, within the funding available, to revise a plan
for a unit of the National Forest System, this section shall be void with
respect to such plan and a court of proper jurisdiction may order completion of
the plan on an accelerated basis.</text>
</section><section id="ID2ADA21CDC782495CBE9DDE1BF1ABCFC9"><enum>410.</enum><text>No funds
provided in this Act may be expended to conduct preleasing, leasing and related
activities under either the Mineral Leasing Act (<external-xref legal-doc="usc" parsable-cite="usc/30/181">30 U.S.C. 181 et seq.</external-xref>) or the Outer
Continental Shelf Lands Act (<external-xref legal-doc="usc" parsable-cite="usc/43/1331">43 U.S.C. 1331 et seq.</external-xref>) within the
boundaries of a National Monument established pursuant to the Act of June 8,
1906 (<external-xref legal-doc="usc" parsable-cite="usc/16/431">16 U.S.C. 431
et seq.</external-xref>) as such boundary existed on January 20, 2001, except
where such activities are allowed under the Presidential proclamation
establishing such monument.</text>
</section><section id="ID8374D25DAF88480BACB3F7BC642A3F56"><enum>411.</enum><text>In entering into
agreements with foreign fire organizations pursuant to the Temporary Emergency
Wildfire Suppression Act (<external-xref legal-doc="usc" parsable-cite="usc/42/1856m-1856o">42 U.S.C. 1856m–1856o</external-xref>), 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:
<italic>Provided</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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.</text>
</section><section id="ID896376C5F71A4C728AD2D8A67A53AECD"><enum>412.</enum><text>In awarding a
Federal contract with funds made available by this Act, notwithstanding Federal
Government procurement and contracting laws, the Secretary of Agriculture and
the Secretary of the Interior (the <quote>Secretaries</quote>) may, in
evaluating bids and proposals, give consideration to local contractors who are
from, and who provide employment and training for, dislocated and displaced
workers in an economically disadvantaged rural community, including those
historically timber-dependent areas that have been affected by reduced timber
harvesting on Federal lands and other forest-dependent rural communities
isolated from significant alternative employment opportunities:
<italic>Provided</italic>, That notwithstanding Federal Government procurement
and contracting laws the Secretaries may award contracts, grants or cooperative
agreements to local non-profit entities, Youth Conservation Corps or related
partnerships with State, local or non-profit youth groups, or small or
micro-business or disadvantaged business: <italic>Provided further</italic>,
That the contract, grant, or cooperative agreement is for forest hazardous
fuels reduction, watershed or water quality monitoring or restoration, wildlife
or fish population monitoring, or habitat restoration or management:
<italic>Provided further</italic>, That the terms <quote>rural
community</quote> and <quote>economically disadvantaged</quote> shall have the
same meanings as in section 2374 of
<external-xref legal-doc="public-law" parsable-cite="pl/101/624">Public Law
101–624</external-xref>: <italic>Provided further</italic>, That the
Secretaries shall develop guidance to implement this section: <italic>Provided
further</italic>, That nothing in this section shall be construed as relieving
the Secretaries of any duty under applicable procurement laws, except as
provided in this section.</text>
</section><section id="HD18839F68A4F410BB7E27E55050057B0"><enum>413.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="HE4C216BC92504301BE39D389C91250B9"><enum>414.</enum><text display-inline="yes-display-inline">The terms and conditions of section 325 of
<external-xref legal-doc="public-law" parsable-cite="pl/108/108">Public Law
108–108</external-xref>, regarding grazing permits at the Department of the
Interior and the Forest Service shall remain in effect for fiscal year
2010.</text>
</section><section id="HB2BEC29F47304A9EA9B4A07FD4A64AA4"><enum>415.</enum><text>Section 6 of the
National Foundation on the Arts and the Humanities Act of 1965 (<external-xref legal-doc="public-law" parsable-cite="pl/89/209">Public Law
89–209</external-xref>,
<external-xref legal-doc="usc" parsable-cite="usc/20/955">20 U.S.C.
955</external-xref>), as amended, is further amended—</text>
<paragraph id="H42707D8A830B4A1A98D2F0AD058D1D18"><enum>(1)</enum><text>in the first
sentence of subsection (b)(1)(C), by striking <quote>14</quote> and inserting
in lieu thereof <quote>18</quote>; and</text>
</paragraph><paragraph id="HD13DF4A21D964A2BA017645A43F26524"><enum>(2)</enum><text>in the second
sentence of subsection (d)(1), by striking <quote>Eight</quote> and inserting
in lieu thereof <quote>Ten</quote>.</text>
</paragraph></section><section id="H24B3BFBA428B4F0FBF3139C2DAC068B2"><enum>416.</enum><text display-inline="yes-display-inline">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
<external-xref legal-doc="public-law" parsable-cite="pl/99/190">Public Law
99–190</external-xref> (99 Stat. 1261;
<external-xref legal-doc="usc" parsable-cite="usc/20/956a">20 U.S.C.
956a</external-xref>), is amended—</text>
<paragraph id="H6652ECC648E646379FAD1F1834DA84E1"><enum>(1)</enum><text>in the second
sentence of the first paragraph, by striking ‘‘$7,500,000’’ and inserting
‘‘$10,000,000’’; and</text>
</paragraph><paragraph id="H0404EFB4EE954C9FA20BCFB982689EF6"><enum>(2)</enum><text>in the second
sentence of the fourth paragraph, by striking ‘‘$500,000’’ and inserting
‘‘$650,000’’.</text>
</paragraph></section><section id="HFA6519999B1F4214B6A0BF337721BB78"><enum>417.</enum><text display-inline="yes-display-inline">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”.</text>
</section><section id="H1916D7E287D34CE6BFC3835163AB86EA"><enum>418.</enum><text display-inline="yes-display-inline">The second sentence of section 2 (a)(1) of
the Mineral Leasing Act (<external-xref legal-doc="usc" parsable-cite="usc/30/201">30 U.S.C. 201(a)(1)</external-xref>; relating to
coal bonus bids) does not apply for fiscal year 2010.</text>
</section><section id="HAF315C5E5E9D464EA973DB2AE0C278E1"><enum>419.</enum><text display-inline="yes-display-inline">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 (<external-xref legal-doc="usc" parsable-cite="usc/30/1019">30 U.S.C.
1019</external-xref>), as in effect immediately before enactment of the Energy
Policy Act of 2005 (<external-xref legal-doc="public-law" parsable-cite="pl/109/58">Public Law 109–58</external-xref>), and without
regard to the amendments contained in sections 224(b) and section 234 of the
Energy Policy Act of 2005 (<external-xref legal-doc="usc" parsable-cite="usc/42/17673">42 U.S.C. 17673</external-xref>).</text>
</section><section display-inline="no-display-inline" id="H33341466787F45B08C299D10E111A505"><enum>420.</enum><text display-inline="yes-display-inline">Section 331(e) of the Department of the
Interior and Related Agencies Appropriations Act, 2001, (<external-xref legal-doc="public-law" parsable-cite="pl/106/291">Public Law
106–291</external-xref>), as added by section 336 of division E of the
Consolidated Appropriations Act, 2005 (<external-xref legal-doc="public-law" parsable-cite="pl/108/447">Public Law 108–447</external-xref>), concerning
cooperative forestry agreements known as the Colorado Good Neighbor Act
Authority is amended by striking <quote>September 30, 2009</quote> and
inserting <quote>September 30, 2013</quote>.</text>
</section><section id="H536C1246820649EF80C1E8B7B9FB32D5"><enum>421.</enum><text display-inline="yes-display-inline">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 (<external-xref legal-doc="usc" parsable-cite="usc/43/1331">43 U.S.C. 1331 et
seq.</external-xref>) and the Mineral Leasing Act (<external-xref legal-doc="usc" parsable-cite="usc/30/181">30 U.S.C. 181 et
seq.</external-xref>) into the Ultra-Deepwater and Unconventional Natural Gas
and Other Petroleum Research Fund.</text>
</section><section display-inline="no-display-inline" id="H28855ADB3EA243098BEE3EA28250ADA3"><enum>422.</enum><text display-inline="yes-display-inline">Section 302(a) of the Secure Rural Schools
and Community Self-Determination Act of 2000 (<external-xref legal-doc="usc" parsable-cite="usc/16/7142">16 U.S.C. 7142(a)</external-xref>) is
amended—</text>
<paragraph id="HFFB4A19FCC9D4C0DA5F44A1540ED4A87"><enum>(1)</enum><text>in paragraph
(2)(B), by striking ‘‘; and’’ and inserting a semicolon;</text>
</paragraph><paragraph id="HC21D6D2650214CAAB05E32A0C10C2875"><enum>(2)</enum><text>in paragraph (3),
by striking the period and inserting ‘‘; and’’; and</text>
</paragraph><paragraph id="HA714E36D23074B7AAB60F81B5983413E"><enum>(3)</enum><text>by inserting after
paragraph (3), the following: <quote>(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.</quote>.</text>
</paragraph></section><section display-inline="no-display-inline" id="H9780782BAAFD411BBD3DD3E8CCFC1C65"><enum>423.</enum><text display-inline="yes-display-inline">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.</text>
</section><section display-inline="no-display-inline" id="H6A1F183A58044DE993E1351B1C3FC21E"><enum>424.</enum><text display-inline="yes-display-inline">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.</text>
</section><section display-inline="no-display-inline" id="H40D923367A5E485AAF2F15E0AAC31CB5"><enum>425.</enum><text display-inline="yes-display-inline">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.</text>
</section><section display-inline="no-display-inline" id="H65B26104E54D444597346EA70AA4D15A"><enum>426.</enum><subsection commented="no" display-inline="yes-display-inline" id="H22E2B2938B204001859E606B700751EE"><enum>(a)</enum><text display-inline="yes-display-inline">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).</text>
</subsection><subsection id="H8F4A26CBC1204CACB55EFC5F3571CCCC"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="H7B0B25CF3EC04DEC9A6FCF21B11CFE3F"><enum>(c)</enum><text display-inline="yes-display-inline">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:</text>
<paragraph id="H3B662B0D5D43495A82DD1CE2BAA3D5D5"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="H301BF085412941839F26C081775EC979"><enum>(2)</enum><text display-inline="yes-display-inline">The costs associated with not transferring
the individual in question.</text>
</paragraph><paragraph id="HF42DC5F75AED4601984E8FFAA0D2B65A"><enum>(3)</enum><text display-inline="yes-display-inline">The legal rationale and associated court
demands for transfer.</text>
</paragraph><paragraph id="HAC54A2D7037B48DA8D2B47FBEB2DD6D0"><enum>(4)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="H8D5B795F61814C70AB14ED2DD215C7BD"><enum>(5)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection id="H1A4F221D85684E4C9E87CF857C8E9223"><enum>(d)</enum><text display-inline="yes-display-inline">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:</text>
<paragraph id="H77D60A0E3E224CAC88AA79E008CEA746"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="H1306A5E99C7C4ABCA02BEEB8B42197E4"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="H14BB9861AE0546139C35AA85C2A96D0C"><enum>(3)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection id="H2248362C19CB4568A0DC73BFB1427EB6"><enum>(e)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section display-inline="no-display-inline" id="HA91A37B0AF634EB282DC9B9E1E86334E"><enum>427.</enum><text display-inline="yes-display-inline">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.</text>
</section><section display-inline="no-display-inline" id="H3EF9A1689C5F483A825099BABD8F09D8" section-type="undesignated-section"><text display-inline="yes-display-inline">This Act may be cited as the
<quote><short-title>Department of the Interior,
Environment, and Related Agencies Appropriations Act,
2010</short-title></quote>.</text>
</section>
Passed the House of
Representatives June 26, 2009.
Lorraine C. Miller,
Clerk.