[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2996 Reported in House (RH)]

                                                  Union Calendar No. 97
111th CONGRESS
  1st Session
                                H. R. 2996

                          [Report No. 111-180]

Making appropriations for the Department of the Interior, environment, 
and related agencies for the fiscal year ending September 30, 2010, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 23, 2009

Mr. Dicks, from the Committee on Appropriations, reported the following 
 bill; which was committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
Making appropriations for the Department of the Interior, environment, 
and related agencies for the fiscal year ending September 30, 2010, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Department of the Interior, environment, and 
related agencies for the fiscal year ending September 30, 2010, and for 
other purposes, namely:

                  TITLE I--DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                   management of lands and resources

    For necessary expenses for protection, use, improvement, 
development, disposal, cadastral surveying, classification, acquisition 
of easements and other interests in lands, and performance of other 
functions, including maintenance of facilities, as authorized by law, 
in the management of lands and their resources under the jurisdiction 
of the Bureau of Land Management, including the general administration 
of the Bureau, and assessment of mineral potential of public lands 
pursuant to Public Law 96-487 (16 U.S.C. 3150(a)), $950,496,000, to 
remain available until expended; and of which $3,000,000 shall be 
available in fiscal year 2010 subject to a match by at least an equal 
amount by the National Fish and Wildlife Foundation for cost-shared 
projects supporting conservation of Bureau lands; and such funds shall 
be advanced to the Foundation as a lump sum grant without regard to 
when expenses are incurred.
    In addition, $45,500,000 is for the processing of applications for 
permit to drill and related use authorizations, to remain available 
until expended, to be reduced by amounts collected by the Bureau and 
credited to this appropriation that shall be derived from $6,500 per 
new application for permit to drill that the Bureau shall collect upon 
submission of each new application, and in addition, $36,696,000 is for 
Mining Law Administration program operations, including the cost of 
administering the mining claim fee program; to remain available until 
expended, to be reduced by amounts collected by the Bureau and credited 
to this appropriation from annual mining claim fees so as to result in 
a final appropriation estimated at not more than $950,496,000, and 
$2,000,000, to remain available until expended, from communication site 
rental fees established by the Bureau for the cost of administering 
communication site activities.

                              construction

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

                            land acquisition

    For expenses necessary to carry out sections 205, 206, and 318(d) 
of Public Law 94-579, including administrative expenses and acquisition 
of lands or waters, or interests therein, $26,529,000, to be derived 
from the Land and Water Conservation Fund and to remain available until 
expended.

                   oregon and california grant lands

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

               forest ecosystem health and recovery fund

                   (revolving fund, special account)

    In addition to the purposes authorized in Public Law 102-381, funds 
made available in the Forest Ecosystem Health and Recovery Fund can be 
used through fiscal year 2015 for the purpose of planning, preparing, 
implementing and monitoring salvage timber sales and forest ecosystem 
health and recovery activities, such as release from competing 
vegetation and density control treatments. The Federal share of 
receipts (defined as the portion of salvage timber receipts not paid to 
the counties under 43 U.S.C. 1181f and 43 U.S.C. 1181f-1 et seq., and 
Public Law 106-393) derived from treatments funded by this account 
shall be deposited through fiscal year 2015 into the Forest Ecosystem 
Health and Recovery Fund.

                           range improvements

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

               service charges, deposits, and forfeitures

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

                       miscellaneous trust funds

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

                       administrative provisions

    Appropriations for the Bureau of Land Management (BLM) shall be 
available for purchase, erection, and dismantlement of temporary 
structures, and alteration and maintenance of necessary buildings and 
appurtenant facilities to which the United States has title; up to 
$100,000 for payments, at the discretion of the Secretary, for 
information or evidence concerning violations of laws administered by 
the Bureau; miscellaneous and emergency expenses of enforcement 
activities authorized or approved by the Secretary and to be accounted 
for solely on the Secretary's certificate, not to exceed $10,000: 
Provided, That notwithstanding 44 U.S.C. 501, the Bureau may, under 
cooperative cost-sharing and partnership arrangements authorized by 
law, procure printing services from cooperators in connection with 
jointly produced publications for which the cooperators share the cost 
of printing either in cash or in services, and the Bureau determines 
the cooperator is capable of meeting accepted quality standards: 
Provided further, That projects to be funded pursuant to a written 
commitment by a State government to provide an identified amount of 
money in support of the project may be carried out by the Bureau on a 
reimbursable basis.

                United States Fish and Wildlife Service

                          resource management

    For necessary expenses of the United States Fish and Wildlife 
Service, as authorized by law, and for scientific and economic studies, 
general administration, and for the performance of other authorized 
functions related to such resources by direct expenditure, contracts, 
grants, cooperative agreements and reimbursable agreements with public 
and private entities, $1,248,756,000, to remain available until 
September 30, 2011 except as otherwise provided herein: Provided, That 
$2,500,000 is for high priority projects, which shall be carried out by 
the Youth Conservation Corps: Provided further, That not to exceed 
$20,603,000 shall be used for implementing subsections (a), (b), (c), 
and (e) of section 4 of the Endangered Species Act, as amended (except 
for processing petitions, developing and issuing proposed and final 
regulations, and taking any other steps to implement actions described 
in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not 
to exceed $10,632,000 shall be used for any activity regarding the 
designation of critical habitat, pursuant to subsection (a)(3), 
excluding litigation support, for species listed pursuant to subsection 
(a)(1) prior to October 1, 2009: Provided further, That of the amount 
available for law enforcement, up to $400,000, to remain available 
until expended, may at the discretion of the Secretary be used for 
payment for information, rewards, or evidence concerning violations of 
laws administered by the Service, and miscellaneous and emergency 
expenses of enforcement activity, authorized or approved by the 
Secretary and to be accounted for solely on the Secretary's 
certificate: Provided further, That of the amount provided for 
environmental contaminants, up to $1,000,000 may remain available until 
expended for contaminant sample analyses.

                              construction

    For construction, improvement, acquisition, or removal of buildings 
and other facilities required in the conservation, management, 
investigation, protection, and utilization of fishery and wildlife 
resources, and the acquisition of lands and interests therein; 
$21,139,000, to remain available until expended.

                            land acquisition

    For expenses necessary to carry out the Land and Water Conservation 
Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including 
administrative expenses, and for acquisition of land or waters, or 
interest therein, in accordance with statutory authority applicable to 
the United States Fish and Wildlife Service, $67,250,000, to be derived 
from the Land and Water Conservation Fund and to remain available until 
expended, of which, notwithstanding 16 U.S.C. 460l-9, not more than 
$2,000,000 shall be for land conservation partnerships authorized by 
the Highlands Conservation Act of 2004: Provided, That none of the 
funds appropriated for specific land acquisition projects may be used 
to pay for any administrative overhead, planning or other management 
costs.

            cooperative endangered species conservation fund

    For expenses necessary to carry out section 6 of the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended, $100,000,000, 
to remain available until expended, of which $34,307,000 is to be 
derived from the Cooperative Endangered Species Conservation Fund, of 
which $5,145,706 shall be for the Idaho Salmon and Clearwater River 
Basins Habitat Account pursuant to the Snake River Water Rights Act of 
2004; and of which $65,693,000 is to be derived from the Land and Water 
Conservation Fund.

                     national wildlife refuge fund

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

               north american wetlands conservation fund

    For expenses necessary to carry out the provisions of the North 
American Wetlands Conservation Act, as amended (16 U.S.C. 4401-4414), 
$52,647,000, to remain available until expended.

                neotropical migratory bird conservation

    For expenses necessary to carry out the Neotropical Migratory Bird 
Conservation Act, as amended, (16 U.S.C. 6101 et seq.), $5,250,000, to 
remain available until expended.

                multinational species conservation fund

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

                    state and tribal wildlife grants

    For wildlife conservation grants to States and to the District of 
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the 
Northern Mariana Islands, American Samoa, and federally recognized 
Indian tribes under the provisions of the Fish and Wildlife Act of 1956 
and the Fish and Wildlife Coordination Act, for the development and 
implementation of programs for the benefit of wildlife and their 
habitat, including species that are not hunted or fished, $115,000,000, 
to remain available until expended: Provided, That of the amount 
provided herein, $7,000,000 is for a competitive grant program for 
federally recognized Indian tribes not subject to the remaining 
provisions of this appropriation: Provided further, That $5,000,000 is 
for a competitive grant program for States, territories, and other 
jurisdictions with approved plans, not subject to the remaining 
provisions of this appropriation: Provided further, That up to 
$20,000,000 is for incorporating wildlife adaptation strategies and 
actions to address the impacts of climate change into State Wildlife 
Action plans and implementing these adaptation actions: Provided 
further, That the Secretary shall, after deducting $32,000,000 and 
administrative expenses, apportion the amount provided herein in the 
following manner: (1) to the District of Columbia and to the 
Commonwealth of Puerto Rico, each a sum equal to not more than one-half 
of 1 percent thereof; and (2) to Guam, American Samoa, the United 
States Virgin Islands, and the Commonwealth of the Northern Mariana 
Islands, each a sum equal to not more than one-fourth of 1 percent 
thereof: Provided further, That the Secretary shall apportion the 
remaining amount in the following manner: (1) one-third of which is 
based on the ratio to which the land area of such State bears to the 
total land area of all such States; and (2) two-thirds of which is 
based on the ratio to which the population of such State bears to the 
total population of all such States: Provided further, That the amounts 
apportioned under this paragraph shall be adjusted equitably so that no 
State shall be apportioned a sum which is less than 1 percent of the 
amount available for apportionment under this paragraph for any fiscal 
year or more than 5 percent of such amount: Provided further, That the 
Federal share of planning grants shall not exceed 75 percent of the 
total costs of such projects and the Federal share of implementation 
grants shall not exceed 75 percent of the total costs of such projects: 
Provided further, That the non-Federal share of such projects may not 
be derived from Federal grant programs: Provided further, That no 
State, territory, or other jurisdiction shall receive a grant if its 
comprehensive wildlife conservation plan is disapproved and such funds 
that would have been distributed to such State, territory, or other 
jurisdiction shall be distributed equitably to States, territories, and 
other jurisdictions with approved plans: Provided further, That any 
amount apportioned in 2010 to any State, territory, or other 
jurisdiction that remains unobligated as of September 30, 2011, shall 
be reapportioned, together with funds appropriated in 2012, in the 
manner provided herein.

                       administrative provisions

    Appropriations and funds available to the United States Fish and 
Wildlife Service shall be available for repair of damage to public 
roads within and adjacent to reservation areas caused by operations of 
the Service; options for the purchase of land at not to exceed $1 for 
each option; facilities incident to such public recreational uses on 
conservation areas as are consistent with their primary purpose; and 
the maintenance and improvement of aquaria, buildings, and other 
facilities under the jurisdiction of the Service and to which the 
United States has title, and which are used pursuant to law in 
connection with management, and investigation of fish and wildlife 
resources: Provided, That notwithstanding 44 U.S.C. 501, the Service 
may, under cooperative cost sharing and partnership arrangements 
authorized by law, procure printing services from cooperators in 
connection with jointly produced publications for which the cooperators 
share at least one-half the cost of printing either in cash or services 
and the Service determines the cooperator is capable of meeting 
accepted quality standards: Provided further, That, notwithstanding any 
other provision of law, the Service may use up to $2,000,000 from funds 
provided for contracts for employment-related legal services: Provided 
further, That the Service may accept donated aircraft as replacements 
for existing aircraft.

                         National Park Service

                 operation of the national park system

    For expenses necessary for the management, operation, and 
maintenance of areas and facilities administered by the National Park 
Service (including expenses to carry out programs of the United States 
Park Police), and for the general administration of the National Park 
Service, $2,260,684,000, of which $9,982,000 for planning and 
interagency coordination in support of Everglades restoration and 
$98,622,000 for maintenance, repair or rehabilitation projects for 
constructed assets, operation of the National Park Service automated 
facility management software system, and comprehensive facility 
condition assessments shall remain available until September 30, 2011.

                    park partnership project grants

    For expenses necessary to carry out provisions of section 814(g) of 
Public Law 104-333 relating to challenge cost-share agreements, 
$25,000,000, to remain available until expended for Park Partnership 
signature projects and programs: Provided, That not less than 50 
percent of the total cost of each project or program is derived from 
non-Federal sources in the form of donated cash, assets, or a pledge of 
donation guaranteed by an irrevocable letter of credit.

                  national recreation and preservation

    For expenses necessary to carry out recreation programs, natural 
programs, cultural programs, heritage partnership programs, 
environmental compliance and review, international park affairs, 
statutory or contractual aid for other activities, and grant 
administration, not otherwise provided for, $59,386,000.

                       historic preservation fund

    For expenses necessary in carrying out the Historic Preservation 
Act of 1966, as amended (16 U.S.C. 470), and the Omnibus Parks and 
Public Lands Management Act of 1996 (Public Law 104-333), $90,675,000, 
to be derived from the Historic Preservation Fund and to remain 
available until September 30, 2011; of which $30,000,000 shall be for 
Save America's Treasures for preservation of nationally significant 
sites, structures, and artifacts; and of which $6,175,000 shall be for 
Preserve America grants to States, federally recognized Indian Tribes, 
and local communities for projects that preserve important historic 
resources through the promotion of heritage tourism: Provided, That of 
the funds provided for Save America's Treasures, $5,310,000 shall be 
allocated in the amounts specified for those projects and purposes in 
accordance with the terms and conditions specified in the explanatory 
statement accompanying this Act.

                              construction

    For construction, improvements, repair or replacement of physical 
facilities, including modifications authorized by section 104 of the 
Everglades National Park Protection and Expansion Act of 1989, 
$214,691,000, to remain available until expended: Provided, That the 
National Park Service shall complete a special resource study along the 
route of the Mississippi River in the counties contiguous to the river 
from its headwaters in the State of Minnesota to the Gulf of Mexico.

                    land and water conservation fund

                              (rescission)

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

                 land acquisition and state assistance

    For expenses necessary to carry out the Land and Water Conservation 
Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including 
administrative expenses, and for acquisition of lands or waters, or 
interest therein, in accordance with the statutory authority applicable 
to the National Park Service, $103,222,000, to be derived from the Land 
and Water Conservation Fund and to remain available until expended, of 
which $30,000,000 is for the State assistance program.

                       administrative provisions

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

                    United States Geological Survey

                 surveys, investigations, and research

    For expenses necessary for the United States Geological Survey to 
perform surveys, investigations, and research covering topography, 
geology, hydrology, biology, and the mineral and water resources of the 
United States, its territories and possessions, and other areas as 
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their 
mineral and water resources; give engineering supervision to power 
permittees and Federal Energy Regulatory Commission licensees; 
administer the minerals exploration program (30 U.S.C. 641); conduct 
inquiries into the economic conditions affecting mining and materials 
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) 
and related purposes as authorized by law; and to publish and 
disseminate data relative to the foregoing activities; $1,105,744,000, 
to remain available until September 30, 2011, of which $65,561,000 
shall be available only for cooperation with States or municipalities 
for water resources investigations; of which $40,150,000 shall remain 
available until expended for satellite operations; and of which 
$7,321,000 shall be available until expended for deferred maintenance 
and capital improvement projects that exceed $100,000 in cost and of 
which $2,000,000 shall be available for the United States Geological 
Survey to fund the operating expenses for the Civil Applications 
Committee: Provided, That none of the funds provided for the biological 
research activity shall be used to conduct new surveys on private 
property, unless specifically authorized in writing by the property 
owner: Provided further, That no part of this appropriation shall be 
used to pay more than one-half the cost of topographic mapping or water 
resources data collection and investigations carried on in cooperation 
with States and municipalities.

                       administrative provisions

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

                      Minerals Management Service

                royalty and offshore minerals management

    For expenses necessary for minerals leasing and environmental 
studies, regulation of industry operations, and collection of 
royalties, as authorized by law; for enforcing laws and regulations 
applicable to oil, gas, and other minerals leases, permits, licenses 
and operating contracts; for energy-related or other authorized marine-
related purposes on the Outer Continental Shelf; and for matching 
grants or cooperative agreements, $174,317,000, to remain available 
until September 30, 2011, of which $89,374,000 shall be available for 
royalty management activities; and an amount not to exceed 
$156,730,000, to be credited to this appropriation and to remain 
available until expended, from additions to receipts resulting from 
increases to rates in effect on August 5, 1993, and from cost recovery 
fees: Provided, That notwithstanding 31 U.S.C. 3302, in fiscal year 
2010, such amounts as are assessed under 31 U.S.C. 9701 shall be 
collected and credited to this account and shall be available until 
expended for necessary expenses: Provided further, That to the extent 
$156,730,000 in addition to receipts are not realized from the sources 
of receipts stated above, the amount needed to reach $156,730,000 shall 
be credited to this appropriation from receipts resulting from rental 
rates for Outer Continental Shelf leases in effect before August 5, 
1993: Provided further, That not to exceed $3,000 shall be available 
for reasonable expenses related to promoting volunteer beach and marine 
cleanup activities: Provided further, That notwithstanding any other 
provision of law, $15,000 under this heading shall be available for 
refunds of overpayments in connection with certain Indian leases in 
which the Director of MMS concurred with the claimed refund due, to pay 
amounts owed to Indian allottees or tribes, or to correct prior 
unrecoverable erroneous payments: Provided further, That for the costs 
of administration of the Coastal Impact Assistance Program authorized 
by section 31 of the Outer Continental Shelf Lands Act, as amended (43 
U.S.C. 1456a), in fiscal year 2010, MMS may retain up to 4 percent of 
the amounts which are disbursed under section 31(b)(1), such retained 
amounts to remain available until expended.
    For an additional amount, $10,000,000, to remain available until 
expended, which shall be derived from non-refundable inspection fees 
collected in fiscal year 2010, as provided in this Act: Provided, That 
to the extent that such amounts are not realized from such fees, the 
amount needed to reach $10,000,000 shall be credited to this 
appropriation from receipts resulting from rental rates for Outer 
Continental Shelf leases in effect before August 5, 1993.

                           oil spill research

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

                        administrative provision

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

          Office of Surface Mining Reclamation and Enforcement

                       regulation and technology

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

                    abandoned mine reclamation fund

    For necessary expenses to carry out title IV of the Surface Mining 
Control and Reclamation Act of 1977, Public Law 95-87, as amended, 
$32,088,000, to be derived from receipts of the Abandoned Mine 
Reclamation Fund and to remain available until expended: Provided, That 
pursuant to Public Law 97-365, the Department of the Interior is 
authorized to use up to 20 percent from the recovery of the delinquent 
debt owed to the United States Government to pay for contracts to 
collect these debts: Provided further, That amounts provided under this 
heading may be used for the travel and per diem expenses of State and 
tribal personnel attending Office of Surface Mining Reclamation and 
Enforcement sponsored training.

                        administrative provision

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

                        Bureau of Indian Affairs

                      operation of indian programs

                     (including transfer of funds)

    For expenses necessary for the operation of Indian programs, as 
authorized by law, including the Snyder Act of November 2, 1921 (25 
U.S.C. 13), the Indian Self-Determination and Education Assistance Act 
of 1975 (25 U.S.C. 450 et seq.), as amended, the Education Amendments 
of 1978 (25 U.S.C. 2001-2019), and the Tribally Controlled Schools Act 
of 1988 (25 U.S.C. 2501 et seq.), as amended, $2,300,099,000, to remain 
available until September 30, 2011 except as otherwise provided herein; 
of which not to exceed $8,500 may be for official reception and 
representation expenses; of which not to exceed $74,915,000 shall be 
for welfare assistance payments: Provided, That in cases of designated 
Federal disasters, the Secretary may exceed such cap, from the amounts 
provided herein, to provide for disaster relief to Indian communities 
affected by the disaster; and of which, notwithstanding any other 
provision of law, including but not limited to the Indian Self-
Determination Act of 1975, as amended, not to exceed $159,084,000 shall 
be available for payments for contract support costs associated with 
ongoing contracts, grants, compacts, or annual funding agreements 
entered into with the Bureau prior to or during fiscal year 2010, as 
authorized by such Act, except that federally recognized tribes, and 
tribal organizations of federally recognized tribes, may use their 
tribal priority allocations for unmet contract support costs of ongoing 
contracts, grants, or compacts, or annual funding agreements and for 
unmet welfare assistance costs; of which not to exceed $568,702,000 for 
school operations costs of Bureau-funded schools and other education 
programs shall become available on July 1, 2010, and shall remain 
available until September 30, 2011; and of which not to exceed 
$59,895,000 shall remain available until expended for housing 
improvement, road maintenance, attorney fees, litigation support, the 
Indian Self-Determination Fund, land records improvement, and the 
Navajo-Hopi Settlement Program: Provided further, That notwithstanding 
any other provision of law, including but not limited to the Indian 
Self-Determination Act of 1975, as amended, and 25 U.S.C. 2008, not to 
exceed $43,373,000 within and only from such amounts made available for 
school operations shall be available for administrative cost grants 
associated with ongoing grants entered into with the Bureau prior to or 
during fiscal year 2009 for the operation of Bureau-funded schools, and 
up to $500,000 within and only from such amounts made available for 
administrative cost grants shall be available for the transitional 
costs of initial administrative cost grants to grantees that assume 
operation on or after July 1, 2009, of Bureau-funded schools: Provided 
further, That any forestry funds allocated to a federally recognized 
tribe which remain unobligated as of September 30, 2011, may be 
transferred during fiscal year 2012 to an Indian forest land assistance 
account established for the benefit of the holder of the funds within 
the holder's trust fund account: Provided further, That any such 
unobligated balances not so transferred shall expire on September 30, 
2012: Provided further, That in order to enhance the safety of Bureau 
field employees, the Bureau may use funds to purchase uniforms or other 
identifying articles of clothing for personnel.

                              construction

                     (including transfer of funds)

    For construction, repair, improvement, and maintenance of 
irrigation and power systems, buildings, utilities, and other 
facilities, including architectural and engineering services by 
contract; acquisition of lands, and interests in lands; and preparation 
of lands for farming, and for construction of the Navajo Indian 
Irrigation Project pursuant to Public Law 87-483, $200,000,000, to 
remain available until expended: Provided, That such amounts as may be 
available for the construction of the Navajo Indian Irrigation Project 
may be transferred to the Bureau of Reclamation: Provided further, That 
not to exceed 6 percent of contract authority available to the Bureau 
of Indian Affairs from the Federal Highway Trust Fund may be used to 
cover the road program management costs of the Bureau: Provided 
further, That any funds provided for the Safety of Dams program 
pursuant to 25 U.S.C. 13 shall be made available on a nonreimbursable 
basis: Provided further, That for fiscal year 2010, in implementing new 
construction or facilities improvement and repair project grants in 
excess of $100,000 that are provided to grant schools under Public Law 
100-297, as amended, the Secretary of the Interior shall use the 
Administrative and Audit Requirements and Cost Principles for 
Assistance Programs contained in 43 CFR part 12 as the regulatory 
requirements: Provided further, That such grants shall not be subject 
to section 12.61 of 43 CFR; the Secretary and the grantee shall 
negotiate and determine a schedule of payments for the work to be 
performed: Provided further, That in considering grant applications, 
the Secretary shall consider whether such grantee would be deficient in 
assuring that the construction projects conform to applicable building 
standards and codes and Federal, tribal, or State health and safety 
standards as required by 25 U.S.C. 2005(b), with respect to 
organizational and financial management capabilities: Provided further, 
That if the Secretary declines a grant application, the Secretary shall 
follow the requirements contained in 25 U.S.C. 2504(f): Provided 
further, That any disputes between the Secretary and any grantee 
concerning a grant shall be subject to the disputes provision in 25 
U.S.C. 2507(e): Provided further, That in order to ensure timely 
completion of construction projects, the Secretary may assume control 
of a project and all funds related to the project, if, within eighteen 
months of the date of enactment of this Act, any grantee receiving 
funds appropriated in this Act or in any prior Act, has not completed 
the planning and design phase of the project and commenced 
construction: Provided further, That this appropriation may be 
reimbursed from the Office of the Special Trustee for American Indians 
appropriation for the appropriate share of construction costs for space 
expansion needed in agency offices to meet trust reform implementation.

 indian land and water claim settlements and miscellaneous payments to 
                                indians

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

                 indian guaranteed loan program account

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

                       indian land consolidation

    For consolidation of fractional interests in Indian lands and 
expenses associated with redetermining and redistributing escheated 
interests in allotted lands, and for necessary expenses to carry out 
the Indian Land Consolidation Act (25 U.S.C. 2201 et seq.), as amended, 
by direct expenditure or cooperative agreement, $3,000,000, to remain 
available until expended.

                       administrative provisions

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

                          Departmental Offices

                        Office of the Secretary

                         salaries and expenses

    For necessary expenses for management of the Department of the 
Interior, $118,836,000; of which $12,136,000 for consolidated appraisal 
services is to be derived from the Land and Water Conservation Fund and 
shall remain available until expended; of which not to exceed $15,000 
may be for official reception and representation expenses; and of which 
up to $1,000,000 shall be available for workers compensation payments 
and unemployment compensation payments associated with the orderly 
closure of the United States Bureau of Mines: Provided, That for fiscal 
year 2010 up to $400,000 of the payments authorized by the Act of 
October 20, 1976, as amended (31 U.S.C. 6901-6907) may be retained for 
administrative expenses of the Payments in Lieu of Taxes Program: 
Provided further, That no payment shall be made pursuant to that Act to 
otherwise eligible units of local government if the computed amount of 
the payment is less than $100.

                            Insular Affairs

                       assistance to territories

    For expenses necessary for assistance to territories under the 
jurisdiction of the Department of the Interior, $83,995,000, of which: 
(1) $74,715,000 shall remain available until expended for technical 
assistance, including maintenance assistance, disaster assistance, 
insular management controls, coral reef initiative activities, and 
brown tree snake control and research; grants to the judiciary in 
American Samoa for compensation and expenses, as authorized by law (48 
U.S.C. 1661(c)); grants to the Government of American Samoa, in 
addition to current local revenues, for construction and support of 
governmental functions; grants to the Government of the Virgin Islands 
as authorized by law; grants to the Government of Guam, as authorized 
by law; and grants to the Government of the Northern Mariana Islands as 
authorized by law (Public Law 94-241; 90 Stat. 272); and (2) $9,280,000 
shall be available until September 30, 2011 for salaries and expenses 
of the Office of Insular Affairs: Provided, That all financial 
transactions of the territorial and local governments herein provided 
for, including such transactions of all agencies or instrumentalities 
established or used by such governments, may be audited by the 
Government Accountability Office, at its discretion, in accordance with 
chapter 35 of title 31, United States Code: Provided further, That 
Northern Mariana Islands Covenant grant funding shall be provided 
according to those terms of the Agreement of the Special 
Representatives on Future United States Financial Assistance for the 
Northern Mariana Islands approved by Public Law 104-134: Provided 
further, That of the amounts provided for technical assistance, 
sufficient funds shall be made available for a grant to the Pacific 
Basin Development Council: Provided further, That of the amounts 
provided for technical assistance, sufficient funding shall be made 
available for a grant to the Close Up Foundation: Provided further, 
That the funds for the program of operations and maintenance 
improvement are appropriated to institutionalize routine operations and 
maintenance improvement of capital infrastructure with territorial 
participation and cost sharing to be determined by the Secretary based 
on the grantee's commitment to timely maintenance of its capital 
assets: Provided further, That any appropriation for disaster 
assistance under this heading in this Act or previous appropriations 
Acts may be used as non-Federal matching funds for the purpose of 
hazard mitigation grants provided pursuant to section 404 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5170c).

                      compact of free association

    For grants and necessary expenses, $5,318,000, to remain available 
until expended, as provided for in sections 221(a)(2), 221(b), and 233 
of the Compact of Free Association for the Republic of Palau; and 
section 221(a)(2) of the Compacts of Free Association for the 
Government of the Republic of the Marshall Islands and the Federated 
States of Micronesia, as authorized by Public Law 99-658 and Public Law 
108-188.

                       Administrative Provisions

                     (including transfer of funds)

    At the request of the Governor of Guam, the Secretary may transfer 
discretionary funds or mandatory funds provided under section 104(e) of 
Public Law 108-188 and Public Law 104-134, that are allocated for Guam, 
to the Secretary of Agriculture for the subsidy cost of direct or 
guaranteed loans, plus not to exceed three percent of the amount of the 
subsidy transferred for the cost of loan administration, for the 
purposes authorized by the Rural Electrification Act of 1936 and 
section 306(a)(1) of the Consolidated Farm and Rural Development Act 
for construction and repair projects in Guam, and such funds shall 
remain available until expended: Provided, That such costs, including 
the cost of modifying such loans, shall be as defined in section 502 of 
the Congressional Budget Act of 1974: Provided further, That such loans 
or loan guarantees may be made without regard to the population of the 
area, credit elsewhere requirements, and restrictions on the types of 
eligible entities under the Rural Electrification Act of 1936 and 
section 306(a)(1) of the Consolidated Farm and Rural Development Act: 
Provided further, That any funds transferred to the Secretary of 
Agriculture shall be in addition to funds otherwise made available to 
make or guarantee loans under such authorities.

                        Office of the Solicitor

                         salaries and expenses

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

                      Office of Inspector General

                         salaries and expenses

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

           Office of the Special Trustee for American Indians

                         federal trust programs

                     (including transfer of funds)

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

                        Department-Wide Programs

                        wildland fire management

                     (including transfers of funds)

    For necessary expenses for fire preparedness, suppression 
operations, fire science and research, emergency rehabilitation, 
hazardous fuels reduction, and rural fire assistance by the Department 
of the Interior, $932,780,000, to remain available until expended, of 
which not to exceed $6,137,000 shall be for the renovation or 
construction of fire facilities: Provided, That such funds are also 
available for repayment of advances to other appropriation accounts 
from which funds were previously transferred for such purposes: 
Provided further, That persons hired pursuant to 43 U.S.C. 1469 may be 
furnished subsistence and lodging without cost from funds available 
from this appropriation: Provided further, That notwithstanding 42 
U.S.C. 1856d, sums received by a bureau or office of the Department of 
the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et 
seq., protection of United States property, may be credited to the 
appropriation from which funds were expended to provide that 
protection, and are available without fiscal year limitation: Provided 
further, That using the amounts designated under this title of this 
Act, the Secretary of the Interior may enter into procurement 
contracts, grants, or cooperative agreements, for hazardous fuels 
reduction activities, and for training and monitoring associated with 
such hazardous fuels reduction activities, on Federal land, or on 
adjacent non-Federal land for activities that benefit resources on 
Federal land: Provided further, That the costs of implementing any 
cooperative agreement between the Federal Government and any non-
Federal entity may be shared, as mutually agreed on by the affected 
parties: Provided further, That notwithstanding requirements of the 
Competition in Contracting Act, the Secretary, for purposes of 
hazardous fuels reduction activities, may obtain maximum practicable 
competition among: (1) local private, nonprofit, or cooperative 
entities; (2) Youth Conservation Corps crews, Public Lands Corps 
(Public Law 109-154), or related partnerships with State, local, or 
non-profit youth groups; (3) small or micro-businesses; or (4) other 
entities that will hire or train locally a significant percentage, 
defined as 50 percent or more, of the project workforce to complete 
such contracts: Provided further, That in implementing this section, 
the Secretary shall develop written guidance to field units to ensure 
accountability and consistent application of the authorities provided 
herein: Provided further, That funds appropriated under this head may 
be used to reimburse the United States Fish and Wildlife Service and 
the National Marine Fisheries Service for the costs of carrying out 
their responsibilities under the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.) to consult and conference, as required by section 
7 of such Act, in connection with wildland fire management activities: 
Provided further, That the Secretary of the Interior may use wildland 
fire appropriations to enter into non-competitive sole source leases of 
real property with local governments, at or below fair market value, to 
construct capitalized improvements for fire facilities on such leased 
properties, including but not limited to fire guard stations, retardant 
stations, and other initial attack and fire support facilities, and to 
make advance payments for any such lease or for construction activity 
associated with the lease: Provided further, That the Secretary of the 
Interior and the Secretary of Agriculture may authorize the transfer of 
funds appropriated for wildland fire management, in an aggregate amount 
not to exceed $50,000,000, between the Departments when such transfers 
would facilitate and expedite jointly funded wildland fire management 
programs and projects.

           Wildland Fire Suppression Contingency Reserve Fund

                     (including transfer of funds)

    For necessary expenses for transfer to ``Wildland Fire Management'' 
for fire suppression operations of the Department of the Interior, 
$75,000,000, to remain available until expended: Provided, That amounts 
in this paragraph may be transferred and expended only if all funds 
appropriated for fire suppression operations under the heading 
``Wildland Fire Management'' shall be fully obligated within 30 days: 
Provided further, That amounts are available only to the extent the 
President has issued a finding that the amounts are necessary for 
emergency fire suppression operations.

                    central hazardous materials fund

    For necessary expenses of the Department of the Interior and any of 
its component offices and bureaus for response action, including 
associated activities, performed pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, as 
amended (42 U.S.C. 9601 et seq.), $10,175,000, to remain available 
until expended: Provided, That Public Law 110-161 (121 Stat. 2116) 
under the heading ``Central Hazardous Materials Fund'' is amended by 
striking ``in advance of or as reimbursement for remedial action or 
response activities conducted by the Department pursuant to section 107 
or 113(f) of such Act'' and inserting in lieu thereof ``including any 
fines or penalties''.

           natural resource damage assessment and restoration

                natural resource damage assessment fund

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

                          working capital fund

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

                       administrative provisions

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

             General Provisions, Department of the Interior

                     (including transfers of funds)

    Sec. 101.  Appropriations made in this title shall be available for 
expenditure or transfer (within each bureau or office), with the 
approval of the Secretary, for the emergency reconstruction, 
replacement, or repair of aircraft, buildings, utilities, or other 
facilities or equipment damaged or destroyed by fire, flood, storm, or 
other unavoidable causes: Provided, That no funds shall be made 
available under this authority until funds specifically made available 
to the Department of the Interior for emergencies shall have been 
exhausted: Provided further, That all funds used pursuant to this 
section must be replenished by a supplemental appropriation which must 
be requested as promptly as possible.
    Sec. 102.  The Secretary may authorize the expenditure or transfer 
of any no year appropriation in this title, in addition to the amounts 
included in the budget programs of the several agencies, for the 
suppression or emergency prevention of wildland fires on or threatening 
lands under the jurisdiction of the Department of the Interior; for the 
emergency rehabilitation of burned-over lands under its jurisdiction; 
for emergency actions related to potential or actual earthquakes, 
floods, volcanoes, storms, or other unavoidable causes; for contingency 
planning subsequent to actual oil spills; for response and natural 
resource damage assessment activities related to actual oil spills; for 
the prevention, suppression, and control of actual or potential 
grasshopper and Mormon cricket outbreaks on lands under the 
jurisdiction of the Secretary, pursuant to the authority in section 
1773(b) of Public Law 99-198 (99 Stat. 1658); for emergency reclamation 
projects under section 410 of Public Law 95-87; and shall transfer, 
from any no year funds available to the Office of Surface Mining 
Reclamation and Enforcement, such funds as may be necessary to permit 
assumption of regulatory authority in the event a primacy State is not 
carrying out the regulatory provisions of the Surface Mining Act: 
Provided, That appropriations made in this title for wildland fire 
operations and shall be available for the payment of obligations 
incurred during the preceding fiscal year, and for reimbursement to 
other Federal agencies for destruction of vehicles, aircraft, or other 
equipment in connection with their use for wildland fire operations, 
such reimbursement to be credited to appropriations currently available 
at the time of receipt thereof: Provided further, That for wildland 
fire operations, no funds shall be made available under this authority 
until the Secretary determines that funds appropriated for ``wildland 
fire operations'' and ``Wildland Fire Suppression Contingency Reserve 
Fund'' shall be exhausted within 30 days: Provided further, That all 
funds used pursuant to this section must be replenished by a 
supplemental appropriation which must be requested as promptly as 
possible: Provided further, That such replenishment funds shall be used 
to reimburse, on a pro rata basis, accounts from which emergency funds 
were transferred.
    Sec. 103.  Appropriations made to the Department of the Interior in 
this title shall be available for services as authorized by 5 U.S.C. 
3109, when authorized by the Secretary, in total amount not to exceed 
$500,000; purchase and replacement of motor vehicles, including 
specially equipped law enforcement vehicles; hire, maintenance, and 
operation of aircraft; hire of passenger motor vehicles; purchase of 
reprints; payment for telephone service in private residences in the 
field, when authorized under regulations approved by the Secretary; and 
the payment of dues, when authorized by the Secretary, for library 
membership in societies or associations which issue publications to 
members only or at a price to members lower than to subscribers who are 
not members.
    Sec. 104.  Appropriations made in this Act under the headings 
Bureau of Indian Affairs and Office of the Special Trustee for American 
Indians and any unobligated balances from prior appropriations Acts 
made under the same headings shall be available for expenditure or 
transfer for Indian trust management and reform activities. Total 
funding for historical accounting activities shall not exceed amounts 
specifically designated in this Act for such purpose.
    Sec. 105.  Notwithstanding any other provision of law, the 
Secretary of the Interior is authorized to redistribute any Tribal 
Priority Allocation funds, including tribal base funds, to alleviate 
tribal funding inequities by transferring funds to address identified, 
unmet needs, dual enrollment, overlapping service areas or inaccurate 
distribution methodologies. No federally recognized tribe shall receive 
a reduction in Tribal Priority Allocation funds of more than 10 percent 
in fiscal year 2010. Under circumstances of dual enrollment, 
overlapping service areas or inaccurate distribution methodologies, the 
10 percent limitation does not apply.
    Sec. 106.  Notwithstanding any other provision of law, in conveying 
the Twin Cities Research Center under the authority provided by Public 
Law 104-134, as amended by Public Law 104-208, the Secretary may accept 
and retain land and other forms of reimbursement: Provided, That the 
Secretary may retain and use any such reimbursement until expended and 
without further appropriation: (1) for the benefit of the National 
Wildlife Refuge System within the State of Minnesota; and (2) for all 
activities authorized by 16 U.S.C. 460zz.
    Sec. 107.  The Secretary of the Interior may use discretionary 
funds to pay private attorney fees and costs for employees and former 
employees of the Department of the Interior reasonably incurred in 
connection with Cobell v. Salazar to the extent that such fees and 
costs are not paid by the Department of Justice or by private 
insurance. In no case shall the Secretary make payments under this 
section that would result in payment of hourly fees in excess of the 
highest hourly rate approved by the District Court for the District of 
Columbia for counsel in Cobell v. Salazar.
    Sec. 108.  The United States Fish and Wildlife Service shall, in 
carrying out its responsibilities to protect threatened and endangered 
species of salmon, implement a system of mass marking of salmonid 
stocks, intended for harvest, that are released from federally operated 
or federally financed hatcheries including but not limited to fish 
releases of coho, chinook, and steelhead species. Marked fish must have 
a visible mark that can be readily identified by commercial and 
recreational fishers.
    Sec. 109.  Notwithstanding any other provision of law, the 
Secretary of the Interior is authorized to acquire lands, waters, or 
interests therein including the use of all or part of any pier, dock, 
or landing within the State of New York and the State of New Jersey, 
for the purpose of operating and maintaining facilities in the support 
of transportation and accommodation of visitors to Ellis, Governors, 
and Liberty Islands, and of other program and administrative 
activities, by donation or with appropriated funds, including franchise 
fees (and other monetary consideration), or by exchange; and the 
Secretary is authorized to negotiate and enter into leases, subleases, 
concession contracts or other agreements for the use of such facilities 
on such terms and conditions as the Secretary may determine reasonable.
    Sec. 110.  Title 43 U.S.C. 1473, as amended by Public Law 111-8, is 
further amended by striking ``in fiscal years 2008 and 2009 only'' and 
inserting ``in fiscal years 2010 through 2013''.
    Sec. 111.  The Secretary of the Interior may enter into cooperative 
agreements with a State or political subdivision (including any agency 
thereof), or any not-for-profit organization if the agreement will: (1) 
serve a mutual interest of the parties to the agreement in carrying out 
the programs administered by the Department of the Interior; and (2) 
all parties will contribute resources to the accomplishment of these 
objectives. At the discretion of the Secretary, such agreements shall 
not be subject to a competitive process.
    Sec. 112.  Funds provided in this Act for Federal land acquisition 
by the National Park Service for Ice Age National Scenic Trail may be 
used for a grant to a State, a local government, or any other land 
management entity for the acquisition of lands without regard to any 
restriction on the use of Federal land acquisition funds provided 
through the Land and Water Conservation Fund Act of 1965 as amended.
    Sec. 113.  Notwithstanding any other provision of law, for fiscal 
year 2010 and each fiscal year thereafter, sections 109 and 110 of the 
Federal Oil and Gas Royalty Management Act (30 U.S.C. 1719 and 1720) 
shall apply to any lease authorizing exploration for or development of 
coal, any other solid mineral, or any geothermal resource on any 
Federal or Indian lands and any lease, easement, right of way, or other 
agreement, regardless of form, for use of the Outer Continental Shelf 
or any of its resources under sections 8(k) or 8(p) of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1337(k) and 1337(p)) to the same 
extent as if such lease, easement, right of way, or other agreement, 
regardless of form, were an oil and gas lease, except that in such 
cases the term ``royalty payment'' shall include any payment required 
by such lease, easement, right of way or other agreement, regardless of 
form, or by applicable regulation.
    Sec. 114. (a) In fiscal year 2010, the Minerals Management Service 
(MMS) shall collect a non-refundable inspection fee, which shall be 
deposited in the ``Royalty and Offshore Minerals Management'' account, 
from the designated operator for facilities subject to inspection by 
MMS under 43 U.S.C. 1348(c) that are above the waterline, except mobile 
offshore drilling units, and are in place at the start of fiscal year 
2010.
    (b) Fees for 2010 shall be:
            (1) $2,000 for facilities with no wells, but with 
        processing equipment or gathering lines;
            (2) $3,250 for facilities with one to ten wells, with any 
        combination of active or inactive wells; and
            (3) $6,000 for facilities with more than ten wells, with 
        any combination of active or inactive wells.
    (c) MMS will bill designated operators within 60 days of enactment 
of this bill, with payment required within 30 days of billing.
    Sec. 115.  Section 4 of Public Law 89-565, as amended, (16 U.S.C. 
282c), relating to San Juan Island National Historic Park, is amended 
by striking ``$5,575,000'' and inserting ``$13,575,000''.
    Sec. 116.  Section 1(c)(2) of Public Law 109-441 is amended by 
adding after subparagraph (D) the following new subparagraphs:
                    ``(E) Minidoka, depicted in a map entitled 
                `Minidoka National Historic Site and Environs - Draft 
                Document', dated May 27, 2009. The Secretary is 
                authorized to accept a donation of land or interest in 
                land acquired with funds provided under this section, 
                as an addition to the Minidoka National Historic Site 
                and administered in accordance with section 313(c)(5) 
                of Public Law 110-229.
                    ``(F) Heart Mountain, depicted in Figure 6.3 of the 
                Site Document.''.

               TITLE II--ENVIRONMENTAL PROTECTION AGENCY

                         Science and Technology

    For science and technology, including research and development 
activities, which shall include research and development activities 
under the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended; necessary expenses for personnel and 
related costs and travel expenses; procurement of laboratory equipment 
and supplies; and other operating expenses in support of research and 
development, $849,649,000, to remain available until September 30, 
2011.

                 Environmental Programs and Management

    For environmental programs and management, including necessary 
expenses, not otherwise provided for, for personnel and related costs 
and travel expenses; hire of passenger motor vehicles; hire, 
maintenance, and operation of aircraft; purchase of reprints; library 
memberships in societies or associations which issue publications to 
members only or at a price to members lower than to subscribers who are 
not members; administrative costs of the brownfields program under the 
Small Business Liability Relief and Brownfields Revitalization Act of 
2002; and not to exceed $9,000 for official reception and 
representation expenses, $3,022,054,000, to remain available until 
September 30, 2011: Provided, That of the funds included under this 
heading, not less than $628,941,000 shall be for the Geographic 
Programs specified in the explanatory statement accompanying this Act.

                      Office of Inspector General

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

                        Buildings and Facilities

    For construction, repair, improvement, extension, alteration, and 
purchase of fixed equipment or facilities of, or for use by, the 
Environmental Protection Agency, $35,001,000, to remain available until 
expended.

                     Hazardous Substance Superfund

                     (including transfers of funds)

    For necessary expenses to carry out the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, 
including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 
9611) $1,306,541,000, to remain available until expended, consisting of 
such sums as are available in the Trust Fund on September 30, 2009, as 
authorized by section 517(a) of the Superfund Amendments and 
Reauthorization Act of 1986 (SARA) and up to $1,306,541,000 as a 
payment from general revenues to the Hazardous Substance Superfund for 
purposes as authorized by section 517(b) of SARA, as amended: Provided, 
That funds appropriated under this heading may be allocated to other 
Federal agencies in accordance with section 111(a) of CERCLA: Provided 
further, That of the funds appropriated under this heading, $9,975,000 
shall be paid to the ``Office of Inspector General'' appropriation to 
remain available until September 30, 2011, and $26,834,000 shall be 
paid to the ``Science and Technology'' appropriation to remain 
available until September 30, 2011.

          Leaking Underground Storage Tank Trust Fund Program

    For necessary expenses to carry out leaking underground storage 
tank cleanup activities authorized by subtitle I of the Solid Waste 
Disposal Act, as amended, $113,101,000, to remain available until 
expended, of which $78,671,000 shall be for carrying out leaking 
underground storage tank cleanup activities authorized by section 
9003(h) of the Solid Waste Disposal Act, as amended; $34,430,000 shall 
be for carrying out the other provisions of the Solid Waste Disposal 
Act specified in section 9508(c) of the Internal Revenue Code, as 
amended: Provided, That the Administrator is authorized to use 
appropriations made available under this heading to implement section 
9013 of the Solid Waste Disposal Act to provide financial assistance to 
federally recognized Indian tribes for the development and 
implementation of programs to manage underground storage tanks.

                           Oil Spill Response

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

                   State and Tribal Assistance Grants

    For environmental programs and infrastructure assistance, including 
capitalization grants for State revolving funds and performance 
partnership grants, $5,215,446,000, to remain available until expended, 
of which $2,307,000,000 shall be for making capitalization grants for 
the Clean Water State Revolving Funds under title VI of the Federal 
Water Pollution Control Act, as amended (the ``Act''); of which 
$1,443,000,000 shall be for making capitalization grants for the 
Drinking Water State Revolving Funds under section 1452 of the Safe 
Drinking Water Act, as amended: Provided, That $20,000,000 shall be for 
architectural, engineering, planning, design, construction and related 
activities in connection with the construction of high priority water 
and wastewater facilities in the area of the United States-Mexico 
border, after consultation with the appropriate border commission; 
$10,000,000 shall be for grants to the State of Alaska to address 
drinking water and wastewater infrastructure needs of rural and Alaska 
Native Villages: Provided further, That, of these funds: (1) the State 
of Alaska shall provide a match of 25 percent; and (2) no more than 5 
percent of the funds may be used for administrative and overhead 
expenses; $160,000,000 shall be for making special project grants for 
the construction of drinking water, wastewater and storm water 
infrastructure and for water quality protection in accordance with the 
terms and conditions specified for such grants in the explanatory 
statement accompanying this Act, and, for purposes of these grants, 
each grantee shall contribute not less than 45 percent of the cost of 
the project unless the grantee is approved for a waiver by the Agency; 
$100,000,000 shall be to carry out section 104(k) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(CERCLA), as amended, including grants, interagency agreements, and 
associated program support costs; $60,000,000 shall be for grants under 
title VII, subtitle G of the Energy Policy Act of 2005, as amended; and 
$1,115,446,000 shall be for grants, including associated program 
support costs, to States, federally recognized tribes, interstate 
agencies, tribal consortia, and air pollution control agencies for 
multi-media or single media pollution prevention, control and abatement 
and related activities, including activities pursuant to the provisions 
set forth under this heading in Public Law 104-134, and for making 
grants under section 103 of the Clean Air Act for particulate matter 
monitoring and data collection activities subject to terms and 
conditions specified by the Administrator, of which $49,495,000 shall 
be for carrying out section 128 of CERCLA, as amended, $10,000,000 
shall be for Environmental Information Exchange Network grants, 
including associated program support costs, $18,500,000 of the funds 
available for grants under section 106 of the Act shall be for water 
quality monitoring activities, $10,000,000 shall be for competitive 
grants to communities to develop plans and demonstrate and implement 
projects which reduce greenhouse gas emissions, and, in addition to 
funds appropriated under the heading ``Leaking Underground Storage Tank 
Trust Fund Program'' to carry out the provisions of the Solid Waste 
Disposal Act specified in section 9508(c) of the Internal Revenue Code 
other than section 9003(h) of the Solid Waste Disposal Act, as amended, 
$2,500,000 shall be for grants to States under section 2007(f)(2) of 
the Solid Waste Disposal Act, as amended: Provided further, That 
notwithstanding section 603(d)(7) of the Federal Water Pollution 
Control Act, the limitation on the amounts in a State water pollution 
control revolving fund that may be used by a State to administer the 
fund shall not apply to amounts included as principal in loans made by 
such fund in fiscal year 2010 and prior years where such amounts 
represent costs of administering the fund to the extent that such 
amounts are or were deemed reasonable by the Administrator, accounted 
for separately from other assets in the fund, and used for eligible 
purposes of the fund, including administration: Provided further, That 
for fiscal year 2010, and notwithstanding section 518(f) of the Act, 
the Administrator is authorized to use the amounts appropriated for any 
fiscal year under section 319 of that Act to make grants to federally 
recognized Indian tribes pursuant to sections 319(h) and 518(e) of that 
Act: Provided further, That for fiscal year 2010, notwithstanding the 
limitation on amounts in section 518(c) of the Federal Water Pollution 
Control Act and section 1452(i) of the Safe Drinking Water Act, up to a 
total of 2 percent of the funds appropriated for State Revolving Funds 
under such Acts may be reserved by the Administrator for grants under 
section 518(c) and section 1452(i) of such Acts: Provided further, That 
for fiscal year 2010, in addition to the amounts specified in section 
205(c) of the Federal Water Pollution Control Act, up to 1.2486 percent 
of the funds appropriated for the Clean Water State Revolving Fund 
program under the Act may be reserved by the Administrator for grants 
made under Title II of the Clean Water Act for American Samoa, Guam, 
the Commonwealth of the Northern Marianas, and United States Virgin 
Islands: Provided further, That for fiscal year 2010, notwithstanding 
the limitations on amounts specified in section 1452(j) of the Safe 
Drinking Water Act, up to 1.5 percent of the funds appropriated for the 
Drinking Water State Revolving Fund programs under the Safe Drinking 
Water Act may be reserved by the Administrator for grants made under 
section 1452(j) of the Safe Drinking Water Act: Provided further, That 
no funds provided by this appropriations Act to address the water, 
wastewater and other critical infrastructure needs of the colonias in 
the United States along the United States-Mexico border shall be made 
available to a county or municipal government unless that government 
has established an enforceable local ordinance, or other zoning rule, 
which prevents in that jurisdiction the development or construction of 
any additional colonia areas, or the development within an existing 
colonia the construction of any new home, business, or other structure 
which lacks water, wastewater, or other necessary infrastructure.

       Administrative Provisions, Environmental Protection Agency

              (including transfer and rescission of funds)

    For fiscal year 2010, notwithstanding 31 U.S.C. 6303(1) and 
6305(1), the Administrator of the Environmental Protection Agency, in 
carrying out the Agency's function to implement directly Federal 
environmental programs required or authorized by law in the absence of 
an acceptable tribal program, may award cooperative agreements to 
federally recognized Indian tribes or Intertribal consortia, if 
authorized by their member tribes, to assist the Administrator in 
implementing Federal environmental programs for Indian tribes required 
or authorized by law, except that no such cooperative agreements may be 
awarded from funds designated for State financial assistance 
agreements.
    The Administrator of the Environmental Protection Agency is 
authorized to collect and obligate pesticide registration service fees 
in accordance with section 33 of the Federal Insecticide, Fungicide, 
and Rodenticide Act, as amended by Public Law 110-94, the Pesticide 
Registration Improvement Renewal Act.
    Title II of Public Law 109-54, as amended by title II of division E 
of Public Law 111-8 (123 Stat.729), is amended in the fourth paragraph 
under the heading ``Administrative Provisions'' by striking ``2011'' 
and inserting ``2015''.
    From unobligated balances to carry out projects and activities 
funded through the ``State and Tribal Assistance Grants'' account, 
$142,000,000 are hereby permanently rescinded: Provided, That no 
amounts may be cancelled from amounts that were designated by the 
Congress as an emergency requirement pursuant to the Concurrent 
Resolution on the Budget or the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.
    The Administrator is authorized to transfer up to $475,000,000 from 
the ``Environmental Programs and Management'' account to the head of 
any other Federal department or agency (including but not limited to 
the Departments of Agriculture, Army, Commerce, Health and Human 
Services, Homeland Security, the Interior, State, and Transportation), 
with the concurrence of such head, to carry out activities that would 
support the Great Lakes Restoration Initiative and Great Lakes Water 
Quality Agreement programs, projects, or activities; to enter into an 
interagency agreement with the head of such Federal department or 
agency to carry out these activities; and to make grants to 
governmental entities, nonprofit organizations, institutions, and 
individuals for planning, research, monitoring, outreach, and 
implementation in furtherance of the Great Lakes Restoration Initiative 
and the Great Lakes Water Quality Agreement.
    Not less than 30 percent of the funds made available under this 
title to each State for Clean Water State Revolving Fund capitalization 
grants and not less than 30 percent of the funds made available under 
this title to each State for Drinking Water State Revolving Fund 
capitalization grants shall be used by the State to provide additional 
subsidy to eligible recipients in the form of forgiveness of principal, 
negative interest loans, or grants (or any combination of these), 
except that for the Clean Water State Revolving Fund capitalization 
grant appropriation this section shall only apply to the portion that 
exceeds $1,000,000,000.
    To the extent there are sufficient eligible project applications, 
not less than 20 percent of the funds made available under this title 
to each State for Clean Water State Revolving Fund capitalization 
grants and not less than 20 percent of the funds made available under 
this title to each State for Drinking Water State Revolving Fund 
capitalization grants shall be used by the State for projects to 
address green infrastructure, water efficiency, or energy efficiency 
improvements.
    For fiscal year 2010 and each fiscal year thereafter, the 
requirements of section 513 of the Federal Water Pollution Control Act 
(33 U.S.C. 1372) shall apply to the construction of treatment works 
carried out in whole or in part with assistance made available by a 
State water pollution control revolving fund as authorized by title VI 
of that Act (33 U.S.C. 1381 et seq.), or with assistance made available 
under section 205(m) of that Act (33 U.S.C. 1285(m)), or both.
    For fiscal year 2010 and each fiscal year thereafter, the 
requirements of section 1450(e) of the Safe Drinking Water Act (42 
U.S.C. 300j-9(e)) shall apply to any construction project carried out 
in whole or in part with assistance made available by a drinking water 
treatment revolving loan fund as authorized by section 1452 of that Act 
(42 U.S.C. 300j-12).
    

                      TITLE III--RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                     forest and rangeland research

    For necessary expenses of forest and rangeland research as 
authorized by law, $308,612,000, to remain available until expended: 
Provided, That of the funds provided, $61,939,000 is for the forest 
inventory and analysis program.

                       State and Private Forestry

    For necessary expenses of cooperating with and providing technical 
and financial assistance to States, territories, possessions, and 
others, and for forest health management, including treatments of 
pests, pathogens, and invasive or noxious plants and for restoring and 
rehabilitating forests damaged by pests or invasive plants, cooperative 
forestry, and education and land conservation activities and conducting 
an international program as authorized, $307,486,000, to remain 
available until expended, as authorized by law; and of which 
$76,215,000 is to be derived from the Land and Water Conservation Fund.

                         national forest system

                     (including transfers of funds)

    For necessary expenses of the Forest Service, not otherwise 
provided for, for management, protection, improvement, and utilization 
of the National Forest System, $1,564,801,000, to remain available 
until expended, which shall include 50 percent of all moneys received 
during prior fiscal years as fees collected under the Land and Water 
Conservation Fund Act of 1965, as amended, in accordance with section 4 
of the Act (16 U.S.C. 460l-6a(i)): Provided, That, the Secretary may 
authorize the expenditure or transfer of up to $10,000,000 to the 
Department of the Interior, Bureau of Land Management, for removal, 
preparation, and adoption of excess wild horses and burros from 
National Forest System lands, and for the performance of cadastral 
surveys to designate the boundaries of such lands: Provided further, 
That up to $10,000,000 may be transferred to and made a part of other 
Forest Service accounts if the transfer enhances the efficiency or 
effectiveness of Federal activities.

                  capital improvement and maintenance

                     (including transfer of funds)

    For necessary expenses of the Forest Service, not otherwise 
provided for, $560,637,000, to remain available until expended, for 
construction, capital improvement, maintenance and acquisition of 
buildings and other facilities and infrastructure; and for 
construction, capital improvement, decommissioning, and maintenance of 
forest roads and trails by the Forest Service as authorized by 16 
U.S.C. 532-538 and 23 U.S.C. 101 and 205: Provided, That $100,000,000 
shall be designated for urgently needed road decommissioning, road and 
trail repair and maintenance and associated activities, and removal of 
fish passage barriers, especially in areas where Forest Service roads 
may be contributing to water quality problems in streams and water 
bodies which support threatened, endangered or sensitive species or 
community water sources: Provided further, That funds provided herein 
shall be available for the decommissioning of roads, including 
unauthorized roads not part of the transportation system, which are no 
longer needed: Provided further, That public comment should be provided 
before system roads are decommissioned: Provided further, That the 
decommissioning of unauthorized roads not part of the official 
transportation system shall be expedited in response to threats to 
public safety, water quality, or natural resources: Provided further, 
That funds becoming available in fiscal year 2010 under the Act of 
March 4, 1913 (16 U.S.C. 501) shall be transferred to the General Fund 
of the Treasury and shall not be available for transfer or obligation 
for any other purpose unless the funds are appropriated:  Provided 
further, That up to $10,000,000 may be transferred to and made a part 
of other Forest Service accounts if the transfer enhances the 
efficiency or effectiveness of Federal activities.

                            land acquisition

    For expenses necessary to carry out the provisions of the Land and 
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 
through 11), including administrative expenses, and for acquisition of 
land or waters, or interest therein, in accordance with statutory 
authority applicable to the Forest Service, $36,782,000, to be derived 
from the Land and Water Conservation Fund and to remain available until 
expended.

         acquisition of lands for national forests special acts

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

            acquisition of lands to complete land exchanges

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

                         range betterment fund

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

    gifts, donations and bequests for forest and rangeland research

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

        management of national forest lands for subsistence uses

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

                        wildland fire management

                     (including transfers of funds)

    For necessary expenses for forest fire presuppression activities on 
National Forest System lands, for emergency fire suppression on or 
adjacent to such lands or other lands under fire protection agreement, 
hazardous fuels reduction on or adjacent to such lands, and for 
emergency rehabilitation of burned-over National Forest System lands 
and water, $2,370,288,000, to remain available until expended: 
Provided, That such funds including unobligated balances under this 
heading, are available for repayment of advances from other 
appropriations accounts previously transferred for such purposes: 
Provided further, That such funds shall be available to reimburse State 
and other cooperating entities for services provided in response to 
wildfire and other emergencies or disasters to the extent such 
reimbursements by the Forest Service for non-fire emergencies are fully 
repaid by the responsible emergency management agency: Provided 
further, That, notwithstanding any other provision of law, $8,000,000 
of funds appropriated under this appropriation shall be used for Fire 
Science Research in support of the Joint Fire Science Program: Provided 
further, That all authorities for the use of funds, including the use 
of contracts, grants, and cooperative agreements, available to execute 
the Forest and Rangeland Research appropriation, are also available in 
the utilization of these funds for Fire Science Research: Provided 
further, That funds provided shall be available for emergency 
rehabilitation and restoration, hazardous fuels reduction activities in 
the urban-wildland interface, support to Federal emergency response, 
and wildfire suppression activities of the Forest Service: Provided 
further, That of the funds provided, $378,086,000 is for hazardous 
fuels reduction activities, $11,600,000 is for rehabilitation and 
restoration, $23,917,000 is for research activities and to make 
competitive research grants pursuant to the Forest and Rangeland 
Renewable Resources Research Act, as amended (16 U.S.C. 1641 et seq.), 
$80,000,000 is for State fire assistance, $10,000,000 is for volunteer 
fire assistance, $24,252,000 is for forest health activities on Federal 
lands and $12,928,000 is for forest health activities on State and 
private lands: Provided further, That amounts in this paragraph may be 
transferred to the ``State and Private Forestry'', ``National Forest 
System'', and ``Forest and Rangeland Research'' accounts to fund State 
fire assistance, volunteer fire assistance, forest health management, 
forest and rangeland research, the Joint Fire Science Program, 
vegetation and watershed management, heritage site rehabilitation, and 
wildlife and fish habitat management and restoration: Provided further, 
That up to $25,000,000 of the funds provided under this heading may be 
transferred to and made a part of other Forest Service accounts if the 
transfer enhances the efficiency or effectiveness of Federal 
activities: Provided further, That the costs of implementing any 
cooperative agreement between the Federal Government and any non-
Federal entity may be shared, as mutually agreed on by the affected 
parties: Provided further, That of the funds provided herein, the 
Secretary of Agriculture may enter into procurement contracts or 
cooperative agreements, or issue grants, for hazardous fuels reduction 
activities and for training and monitoring associated with such 
hazardous fuels reduction activities, on Federal land, or on adjacent 
non-Federal land for activities that benefit resources on Federal land: 
Provided further, That the Secretary of the Interior and the Secretary 
of Agriculture may authorize the transfer of funds appropriated for 
wildland fire management, in an aggregate amount not to exceed 
$50,000,000, between the Departments when such transfers would 
facilitate and expedite jointly funded wildland fire management 
programs and projects: Provided further, That of the funds provided for 
hazardous fuels reduction, not to exceed $5,000,000, may be used to 
make grants, using any authorities available to the Forest Service 
under the State and Private Forestry appropriation, for the purpose of 
creating incentives for increased use of biomass from national forest 
lands: Provided further, That funds designated for wildfire suppression 
shall be assessed for cost pools on the same basis as such assessments 
are calculated against other agency programs.

           Wildland Fire Suppression Contingency Reserve Fund

                     (including transfer of funds)

    For necessary expenses for transfer to ``Wildland Fire Management'' 
for emergency fire suppression on National Forest System lands or 
adjacent lands or other lands under fire protection agreement, 
$282,000,000, to remain available until expended: Provided, That 
amounts in this paragraph may be transferred and expended only if all 
funds appropriated for fire suppression under the heading ``Wildland 
Fire Management'' shall be fully obligated within 30 days: Provided 
further, That amounts are available only to the extent the President 
has issued a finding that the amounts are necessary for emergency fire 
suppression.

               administrative provisions, forest service

    Appropriations to the Forest Service for the current fiscal year 
shall be available for: (1) purchase of passenger motor vehicles; 
acquisition of passenger motor vehicles from excess sources, and hire 
of such vehicles; purchase, lease, operation, maintenance, and 
acquisition of aircraft from excess sources to maintain the operable 
fleet for use in Forest Service wildland fire programs and other Forest 
Service programs; notwithstanding other provisions of law, existing 
aircraft being replaced may be sold, with proceeds derived or trade-in 
value used to offset the purchase price for the replacement aircraft; 
(2) services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for 
employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration 
of buildings and other public improvements (7 U.S.C. 2250); (4) 
acquisition of land, waters, and interests therein pursuant to 7 U.S.C. 
428a; (5) for expenses pursuant to the Volunteers in the National 
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost 
of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt 
collection contracts in accordance with 31 U.S.C. 3718(c).
    Any appropriations or funds available to the Forest Service may be 
transferred to the Wildland Fire Management appropriation for forest 
firefighting, emergency rehabilitation of burned-over or damaged lands 
or waters under its jurisdiction, and fire preparedness due to severe 
burning conditions five days after the Secretary notifies the House and 
Senate Committees on Appropriations that all fire suppression funds 
appropriated under the headings ``Wildland Fire Management'' and 
``Wildland Fire Suppression Contingency Reserve Fund'' shall be fully 
obligated within 30 days: Provided, That all funds used pursuant to 
this paragraph must be replenished by a supplemental appropriation 
which must be requested as promptly as possible.
    Funds appropriated to the Forest Service shall be available for 
assistance to or through the Agency for International Development in 
connection with forest and rangeland research, technical information, 
and assistance in foreign countries, and shall be available to support 
forestry and related natural resource activities outside the United 
States and its territories and possessions, including technical 
assistance, education and training, and cooperation with United States 
and international organizations.
    None of the funds made available to the Forest Service in this Act 
or any other Act with respect to any fiscal year shall be subject to 
transfer under the provisions of section 702(b) of the Department of 
Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public 
Law 106-224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107-107 
(7 U.S.C. 8316(b)).
    Not more than $78,350,000 of funds available to the Forest Service 
shall be transferred to the Working Capital Fund of the Department of 
Agriculture and not more than $19,825,000 of funds available to the 
Forest Service shall be transferred to the Department of Agriculture 
for Department Reimbursable Programs, commonly referred to as Greenbook 
charges. Nothing in this paragraph shall prohibit or limit the use of 
reimbursable agreements requested by the Forest Service in order to 
obtain services from the Department of Agriculture's National 
Information Technology Center.
    Funds available to the Forest Service shall be available to conduct 
a program of up to $5,000,000 for priority projects within the scope of 
the approved budget, of which $2,500,000 shall be carried out by the 
Youth Conservation Corps and $2,500,000 shall be carried out under the 
authority of the Public Lands Corps Healthy Forests Restoration Act of 
2005, Public Law 109-154.
    Of the funds available to the Forest Service, $4,000 is available 
to the Chief of the Forest Service for official reception and 
representation expenses.
    Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of 
the funds available to the Forest Service, $3,000,000 may be advanced 
in a lump sum to the National Forest Foundation to aid conservation 
partnership projects in support of the Forest Service mission, without 
regard to when the Foundation incurs expenses, for projects on or 
benefitting National Forest System lands or related to Forest Service 
programs: Provided, That the Foundation shall obtain, by the end of the 
period of Federal financial assistance, private contributions to match 
on at least one-for-one basis funds made available by the Forest 
Service: Provided further, That the Foundation may transfer Federal 
funds to Federal or a non-Federal recipient for a project at the same 
rate that the recipient has obtained the non-Federal matching funds: 
Provided further, That authorized investments of Federal funds held by 
the Foundation may be made only in interest-bearing obligations of the 
United States or in obligations guaranteed as to both principal and 
interest by the United States.
    Pursuant to section 2(b)(2) of Public Law 98-244, $3,000,000 of the 
funds available to the Forest Service shall be advanced to the National 
Fish and Wildlife Foundation in a lump sum to aid cost-share 
conservation projects, without regard to when expenses are incurred, on 
or benefitting National Forest System lands or related to Forest 
Service programs: Provided, That such funds shall be matched on at 
least a one-for-one basis by the Foundation or its sub-recipients: 
Provided further, That the Foundation may transfer Federal funds to a 
Federal or non-Federal recipient for a project at the same rate that 
the recipient has obtained the non-Federal matching funds.
    Funds appropriated to the Forest Service shall be available for 
interactions with and providing technical assistance to rural 
communities and natural resource-based businesses for sustainable rural 
development purposes.
    Funds appropriated to the Forest Service shall be available for 
payments to counties within the Columbia River Gorge National Scenic 
Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of 
Public Law 99-663.
    An eligible individual who is employed in any project funded under 
title V of the Older American Act of 1965 (42 U.S.C. 3056 et seq.) and 
administered by the Forest Service shall be considered to be a Federal 
employee for purposes of chapter 171 of title 28, United States Code.
    Any funds appropriated to the Forest Service may be used to meet 
the non-Federal share requirement in section 502(c) of the Older 
American Act of 1965 (42 U.S.C. 3056(c)(2)).
    Funds available to the Forest Service, not to exceed $55,000,000, 
shall be assessed for the purpose of performing fire, administrative 
and other facilities maintenance. Such assessments shall occur using a 
square foot rate charged on the same basis the agency uses to assess 
programs for payment of rent, utilities, and other support services.
    Notwithstanding any other provision of law, any appropriations or 
funds available to the Forest Service not to exceed $500,000 may be 
used to reimburse the Office of the General Counsel (OGC), Department 
of Agriculture, for travel and related expenses incurred as a result of 
OGC assistance or participation requested by the Forest Service at 
meetings, training sessions, management reviews, land purchase 
negotiations and similar non-litigation related matters. Future budget 
justifications for both the Forest Service and the Department of 
Agriculture should clearly display the sums previously transferred and 
the requested funding transfers.
    The 19th unnumbered paragraph under heading ``Administrative 
Provisions, Forest Service'' in title III of the Department of the 
Interior, Environment, and Related Agencies Appropriations Act, 2006, 
Public Law 109-54, is amended by striking ``2009'' and inserting 
``2014''.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service

                         indian health services

    For expenses necessary to carry out the Act of August 5, 1954 (68 
Stat. 674), the Indian Self-Determination Act, the Indian Health Care 
Improvement Act, and titles II and III of the Public Health Service Act 
with respect to the Indian Health Service, $3,657,618,000, together 
with payments received during the fiscal year pursuant to 42 U.S.C. 
238(b) and 238b for services furnished by the Indian Health Service: 
Provided, That funds made available to tribes and tribal organizations 
through contracts, grant agreements, or any other agreements or 
compacts authorized by the Indian Self-Determination and Education 
Assistance Act of 1975 (25 U.S.C. 450), shall be deemed to be obligated 
at the time of the grant or contract award and thereafter shall remain 
available to the tribe or tribal organization without fiscal year 
limitation: Provided further, That $16,251,000 is provided for 
Headquarters operations and information technology activities and, 
notwithstanding any other provision of law, the amount available under 
this proviso shall be allocated at the discretion of the Director of 
the Indian Health Service: Provided further, That $779,347,000 for 
contract medical care, including $48,000,000 for the Indian 
Catastrophic Health Emergency Fund, shall remain available until 
expended: Provided further, That no less than $43,139,000 is provided 
for maintaining operations of the urban Indian health program: Provided 
further, That of the funds provided, up to $32,000,000 shall remain 
available until expended for implementation of the loan repayment 
program under section 108 of the Indian Health Care Improvement Act: 
Provided further, That $16,391,000 is provided for the methamphetamine 
and suicide prevention and treatment initiative and $10,000,000 is 
provided for the domestic violence prevention initiative and, 
notwithstanding any other provision of law, the amounts available under 
this proviso shall be allocated at the discretion of the Director of 
the Indian Health Service and shall remain available until expended: 
Provided further, That funds provided in this Act may be used for one-
year contracts and grants which are to be performed in two fiscal 
years, so long as the total obligation is recorded in the year for 
which the funds are appropriated: Provided further, That the amounts 
collected by the Secretary of Health and Human Services under the 
authority of title IV of the Indian Health Care Improvement Act shall 
remain available until expended for the purpose of achieving compliance 
with the applicable conditions and requirements of titles XVIII and XIX 
of the Social Security Act (exclusive of planning, design, or 
construction of new facilities): Provided further, That funding 
contained herein, and in any earlier appropriations Acts for 
scholarship programs under the Indian Health Care Improvement Act (25 
U.S.C. 1613) shall remain available until expended: Provided further, 
That amounts received by tribes and tribal organizations under title IV 
of the Indian Health Care Improvement Act shall be reported and 
accounted for and available to the receiving tribes and tribal 
organizations until expended: Provided further, That, notwithstanding 
any other provision of law, of the amounts provided herein, not to 
exceed $398,490,000 shall be for payments to tribes and tribal 
organizations for contract or grant support costs associated with 
contracts, grants, self-governance compacts, or annual funding 
agreements between the Indian Health Service and a tribe or tribal 
organization pursuant to the Indian Self-Determination Act of 1975, as 
amended, prior to or during fiscal year 2010, of which not to exceed 
$5,000,000 may be used for contract support costs associated with new 
or expanded self-determination contracts, grants, self-governance 
compacts, or annual funding agreements: Provided further, That the 
Bureau of Indian Affairs may collect from the Indian Health Service, 
tribes and tribal organizations operating health facilities pursuant to 
Public Law 93-638, such individually identifiable health information 
relating to disabled children as may be necessary for the purpose of 
carrying out its functions under the Individuals with Disabilities 
Education Act (20 U.S.C. 1400, et seq.): Provided further, That the 
Indian Health Care Improvement Fund may be used, as needed, to carry 
out activities typically funded under the Indian Health Facilities 
account.

                        indian health facilities

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

            administrative provisions, indian health service

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

                     National Institutes of Health

          national institute of environmental health sciences

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

            Agency for Toxic Substances and Disease Registry

            toxic substances and environmental public health

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

                         OTHER RELATED AGENCIES

                   Executive Office of the President

  council on environmental quality and office of environmental quality

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

             Chemical Safety and Hazard Investigation Board

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses in carrying out activities pursuant to 
section 112(r)(6) of the Clean Air Act, as amended, including hire of 
passenger vehicles, uniforms or allowances therefor, as authorized by 5 
U.S.C. 5901-5902, and for services authorized by 5 U.S.C. 3109 but at 
rates for individuals not to exceed the per diem equivalent to the 
maximum rate payable for senior level positions under 5 U.S.C. 5376, 
$10,547,000: Provided, That the Chemical Safety and Hazard 
Investigation Board (Board) shall have not more than three career 
Senior Executive Service positions: Provided further, That 
notwithstanding any other provision of law, the individual appointed to 
the position of Inspector General of the Environmental Protection 
Agency (EPA) shall, by virtue of such appointment, also hold the 
position of Inspector General of the Board: Provided further, That 
notwithstanding any other provision of law, the Inspector General of 
the Board shall utilize personnel of the Office of Inspector General of 
EPA in performing the duties of the Inspector General of the Board, and 
shall not appoint any individuals to positions within the Board: 
Provided further, That of the funds appropriated under this heading, 
$150,000 shall be paid to the ``Office of Inspector General'' 
appropriation of the Environmental Protection Agency.

              Office of Navajo and Hopi Indian Relocation

                         salaries and expenses

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

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development

                        payment to the institute

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

                        Smithsonian Institution

                         salaries and expenses

    For necessary expenses of the Smithsonian Institution, as 
authorized by law, including research in the fields of art, science, 
and history; development, preservation, and documentation of the 
National Collections; presentation of public exhibits and performances; 
collection, preparation, dissemination, and exchange of information and 
publications; conduct of education, training, and museum assistance 
programs; maintenance, alteration, operation, lease (for terms not to 
exceed 30 years), and protection of buildings, facilities, and 
approaches; not to exceed $100,000 for services as authorized by 5 
U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for 
employees, $634,161,000, to remain available until September 30, 2011 
except as otherwise provided herein; of which not to exceed $19,117,000 
for the instrumentation program, collections acquisition, exhibition 
reinstallation, the National Museum of African American History and 
Culture, and the repatriation of skeletal remains program shall remain 
available until expended; and of which $1,553,000 is for fellowships 
and scholarly awards; and including such funds as may be necessary to 
support American overseas research centers: Provided, That funds 
appropriated herein are available for advance payments to independent 
contractors performing research services or participating in official 
Smithsonian presentations.

                           facilities capital

    For necessary expenses of repair, revitalization, and alteration of 
facilities owned or occupied by the Smithsonian Institution, by 
contract or otherwise, as authorized by section 2 of the Act of August 
22, 1949 (63 Stat. 623), and for construction, including necessary 
personnel, $140,000,000, to remain available until expended, of which 
not to exceed $10,000 is for services as authorized by 5 U.S.C. 3109.

           administrative provision, smithsonian institution

    Notwithstanding any provision of the Department of the Interior, 
Environment, and Related Agencies Appropriations Act, 2008 (Public Law 
110--161; 121 Stat. 2140), the funds provided for ``Smithsonian 
Institution, Legacy Fund'' under such Act may be transferred to and 
made a part of the appropriation for ``Smithsonian Institution, 
Facilities Capital'' in this Act and utilized by the Smithsonian 
Institution under the same terms and conditions that apply to other 
funds contained in such appropriation.

                        National Gallery of Art

                         salaries and expenses

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

            repair, restoration and renovation of buildings

    For necessary expenses of repair, restoration and renovation of 
buildings, grounds and facilities owned or occupied by the National 
Gallery of Art, by contract or otherwise, as authorized, $56,259,000, 
to remain available until expended: Provided, That of this amount, 
$40,000,000 shall be available to repair the National Gallery's East 
Building facade: Provided further, That contracts awarded for 
environmental systems, protection systems, and exterior repair or 
renovation of buildings of the National Gallery of Art may be 
negotiated with selected contractors and awarded on the basis of 
contractor qualifications as well as price.

             John F. Kennedy Center for the Performing Arts

                       operations and maintenance

    For necessary expenses for the operation, maintenance and security 
of the John F. Kennedy Center for the Performing Arts, $25,000,000: 
Provided, That of the funds included under this heading, $2,500,000 is 
available until expended to implement a program to train arts managers 
throughout the United States.

                     capital repair and restoration

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

            Woodrow Wilson International Center for Scholars

                         salaries and expenses

    For expenses necessary in carrying out the provisions of the 
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of 
passenger vehicles and services as authorized by 5 U.S.C. 3109, 
$12,225,000, to remain available until September 30, 2011.

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts

                       grants and administration

    For necessary expenses to carry out the National Foundation on the 
Arts and the Humanities Act of 1965, as amended, $170,000,000 shall be 
available to the National Endowment for the Arts for the support of 
projects and productions in the arts, including arts education and 
public outreach activities, through assistance to organizations and 
individuals pursuant to section 5 of the Act, for program support, and 
for administering the functions of the Act, to remain available until 
expended: Provided, That funds appropriated herein shall be expended in 
accordance with sections 309 and 311 of Public Law 108-447.

                 National Endowment for the Humanities

                       grants and administration

    For necessary expenses to carry out the National Foundation on the 
Arts and the Humanities Act of 1965, as amended, $170,000,000, to 
remain available until expended, of which $155,700,000 shall be 
available for support of activities in the humanities, pursuant to 
section 7(c) of the Act and for administering the functions of the Act; 
and $14,300,000 shall be available to carry out the matching grants 
program pursuant to section 10(a)(2) of the Act including $9,500,000 
for the purposes of section 7(h): Provided, That appropriations for 
carrying out section 10(a)(2) shall be available for obligation only in 
such amounts as may be equal to the total amounts of gifts, bequests, 
and devises of money, and other property accepted by the chairman or by 
grantees of the Endowment under the provisions of subsections 
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal 
years for which equal amounts have not previously been appropriated.

                        administrative provision

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

                        Commission of Fine Arts

                         salaries and expenses

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

               national capital arts and cultural affairs

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

               Advisory Council on Historic Preservation

                         salaries and expenses

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

                  National Capital Planning Commission

                         salaries and expenses

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

                United States Holocaust Memorial Museum

                       holocaust memorial museum

    For expenses of the Holocaust Memorial Museum, as authorized by 
Public Law 106-292 (36 U.S.C. 2301-2310), $48,551,000, of which 
$515,000 for the Museum's equipment replacement program, $1,900,000 for 
the museum's repair and rehabilitation program, and $1,243,000 for the 
museum's exhibition design and production program shall remain 
available until expended.

                             Presidio Trust

                          presidio trust fund

    For necessary expenses to carry out title I of the Omnibus Parks 
and Public Lands Management Act of 1996, $23,200,000 shall be available 
to the Presidio Trust, to remain available until expended.

                Dwight D. Eisenhower Memorial Commission

                         salaries and expenses

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

                          capital construction

    For necessary expenses of the Dwight D. Eisenhower Memorial 
Commission for design and construction of a memorial in honor of Dwight 
D. Eisenhower, as authorized by Public Law 106-79, $10,000,000, to 
remain available until expended.

                      TITLE IV--GENERAL PROVISIONS

                     (including transfers of funds)

    Sec. 401.  The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such 
expenditures are a matter of public record and available for public 
inspection, except where otherwise provided under existing law, or 
under existing Executive Order issued pursuant to existing law.
    Sec. 402.  No part of any appropriation contained in this Act shall 
be available for any activity or the publication or distribution of 
literature that in any way tends to promote public support or 
opposition to any legislative proposal on which Congressional action is 
not complete other than to communicate to Members of Congress as 
described in 18 U.S.C. 1913.
    Sec. 403.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 404.  None of the funds provided in this Act to any department 
or agency shall be obligated or expended to provide a personal cook, 
chauffeur, or other personal servants to any officer or employee of 
such department or agency except as otherwise provided by law.
    Sec. 405.  Estimated overhead charges, deductions, reserves or 
holdbacks from programs, projects, activities and subactivities to 
support government-wide, departmental, agency or bureau administrative 
functions or headquarters, regional or central operations shall be 
presented in annual budget justifications and subject to approval by 
the Committees on Appropriations. Changes to such estimates shall be 
presented to the Committees on Appropriations for approval.
    Sec. 406.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government except pursuant to a transfer made by, or transfer 
provided in, this Act or any other Act.
    Sec. 407. (a) Limitation of Funds.--None of the funds appropriated 
or otherwise made available pursuant to this Act shall be obligated or 
expended to accept or process applications for a patent for any mining 
or mill site claim located under the general mining laws.
    (b) Exceptions.--The provisions of subsection (a) shall not apply 
if the Secretary of the Interior determines that, for the claim 
concerned: (1) a patent application was filed with the Secretary on or 
before September 30, 1994; and (2) all requirements established under 
sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) 
for vein or lode claims and sections 2329, 2330, 2331, and 2333 of the 
Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and 
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill site 
claims, as the case may be, were fully complied with by the applicant 
by that date.
    (c) Report.--On September 30, 2010, the Secretary of the Interior 
shall file with the House and Senate Committees on Appropriations and 
the Committee on Natural Resources of the House of Representatives and 
the Committee on Energy and Natural Resources of the Senate a report on 
actions taken by the Department under the plan submitted pursuant to 
section 314(c) of the Department of the Interior and Related Agencies 
Appropriations Act, 1997 (Public Law 104-208).
    (d) Mineral Examinations.--In order to process patent applications 
in a timely and responsible manner, upon the request of a patent 
applicant, the Secretary of the Interior shall allow the applicant to 
fund a qualified third-party contractor to be selected by the Bureau of 
Land Management to conduct a mineral examination of the mining claims 
or mill sites contained in a patent application as set forth in 
subsection (b). The Bureau of Land Management shall have the sole 
responsibility to choose and pay the third-party contractor in 
accordance with the standard procedures employed by the Bureau of Land 
Management in the retention of third-party contractors.
    Sec. 408.  Notwithstanding any other provision of law, amounts 
appropriated to or otherwise designated in committee reports for the 
Bureau of Indian Affairs and the Indian Health Service by Public Laws 
103-138, 103-332, 104-134, 104-208, 105-83, 105-277, 106-113, 106-291, 
107-63, 108-7, 108-108, 108-447, 109-54, 109-289, division B and 
Continuing Appropriations Resolution, 2007 (division B of Public Law 
109-289, as amended by Public Laws 110-5 and 110-28), Public Laws 110-
92, 110-116, 110-137, 110-149, 110-161, 110-329, 111-6, and 111-8 for 
payments for contract support costs associated with self-determination 
or self-governance contracts, grants, compacts, or annual funding 
agreements with the Bureau of Indian Affairs or the Indian Health 
Service as funded by such Acts, are the total amounts available for 
fiscal years 1994 through 2009 for such purposes, except that the 
Bureau of Indian Affairs, federally recognized tribes, and tribal 
organizations of federally recognized tribes may use their tribal 
priority allocations for unmet contract support costs of ongoing 
contracts, grants, self-governance compacts, or annual funding 
agreements.
    Sec. 409.  The Secretary of Agriculture shall not be considered to 
be in violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland 
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) 
solely because more than 15 years have passed without revision of the 
plan for a unit of the National Forest System. Nothing in this section 
exempts the Secretary from any other requirement of the Forest and 
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or 
any other law: Provided, That if the Secretary is not acting 
expeditiously and in good faith, within the funding available, to 
revise a plan for a unit of the National Forest System, this section 
shall be void with respect to such plan and a court of proper 
jurisdiction may order completion of the plan on an accelerated basis.
    Sec. 410.  No funds provided in this Act may be expended to conduct 
preleasing, leasing and related activities under either the Mineral 
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf 
Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National 
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431 
et seq.) as such boundary existed on January 20, 2001, except where 
such activities are allowed under the Presidential proclamation 
establishing such monument.
    Sec. 411.  In entering into agreements with foreign fire 
organizations pursuant to the Temporary Emergency Wildfire Suppression 
Act (42 U.S.C. 1856m-1856o), the Secretary of Agriculture and the 
Secretary of the Interior are authorized to enter into reciprocal 
agreements in which the individuals furnished under said agreements to 
provide wildfire services are considered, for purposes of tort 
liability, employees of the fire organization receiving said services 
when the individuals are engaged in fire suppression or presuppression: 
Provided, That the Secretary of Agriculture or the Secretary of the 
Interior shall not enter into any agreement under this provision unless 
the foreign fire organization agrees to assume any and all liability 
for the acts or omissions of American firefighters engaged in fire 
suppression or presuppression in a foreign country: Provided further, 
That when an agreement is reached for furnishing fire suppression or 
presuppression services, the only remedies for acts or omissions 
committed while engaged in fire suppression or presuppression shall be 
those provided under the laws applicable to the fire organization 
receiving the fire suppression or presuppression services, and those 
remedies shall be the exclusive remedies for any claim arising out of 
fire suppression or presuppression activities in a foreign country: 
Provided further, That neither the sending country nor any legal 
organization associated with the firefighter shall be subject to any 
legal action, consistent with the applicable laws governing sovereign 
immunity, pertaining to or arising out of the firefighter's role in 
fire suppression or presuppression, except that if the foreign fire 
organization is unable to provide such protection under laws applicable 
to it, it shall assume any and all liability for the United States or 
for any legal organization associated with the American firefighter, 
and for any and all costs incurred or assessed, including legal fees, 
for any act or omission pertaining to or arising out of the 
firefighter's role in fire suppression or presuppression.
    Sec. 412.  In awarding a Federal contract with funds made available 
by this Act, notwithstanding Federal Government procurement and 
contracting laws, the Secretary of Agriculture and the Secretary of the 
Interior (the ``Secretaries'') may, in evaluating bids and proposals, 
give consideration to local contractors who are from, and who provide 
employment and training for, dislocated and displaced workers in an 
economically disadvantaged rural community, including those 
historically timber-dependent areas that have been affected by reduced 
timber harvesting on Federal lands and other forest-dependent rural 
communities isolated from significant alternative employment 
opportunities: Provided, That notwithstanding Federal Government 
procurement and contracting laws the Secretaries may award contracts, 
grants or cooperative agreements to local non-profit entities, Youth 
Conservation Corps or related partnerships with State, local or non-
profit youth groups, or small or micro-business or disadvantaged 
business: Provided further, That the contract, grant, or cooperative 
agreement is for forest hazardous fuels reduction, watershed or water 
quality monitoring or restoration, wildlife or fish population 
monitoring, or habitat restoration or management: Provided further, 
That the terms ``rural community'' and ``economically disadvantaged'' 
shall have the same meanings as in section 2374 of Public Law 101-624: 
Provided further, That the Secretaries shall develop guidance to 
implement this section: Provided further, That nothing in this section 
shall be construed as relieving the Secretaries of any duty under 
applicable procurement laws, except as provided in this section.
    Sec. 413.  Unless otherwise provided herein, no funds appropriated 
in this Act for the acquisition of lands or interests in lands may be 
expended for the filing of declarations of taking or complaints in 
condemnation without the approval of the House and Senate Committees on 
Appropriations.
    Sec. 414.  The terms and conditions of section 325 of Public Law 
108-108, regarding grazing permits at the Department of the Interior 
and the Forest Service shall remain in effect for fiscal year 2010.
    Sec. 415.  Section 6 of the National Foundation on the Arts and the 
Humanities Act of 1965 (Public Law 89-209, 20 U.S.C. 955), as amended, 
is further amended as follows:
     (a) in the first sentence of subsection (b)(1)(C), by striking 
``14'' and inserting in lieu thereof ``18''; and
    (b) in the second sentence of subsection (d)(1), by striking 
``Eight'' and inserting in lieu thereof ``Ten''.
    Sec. 416.  The item relating to ``National Capital Arts and 
Cultural Affairs'' in the Department of the Interior and Related 
Agencies Appropriations Act, 1986, as enacted into law by section 
101(d) of Public Law 99-190 (99 Stat. 1261; 20 U.S.C. 956a), is 
amended--
            (1) in the second sentence of the first paragraph, by 
        striking ``$7,500,000'' and inserting ``$10,000,000''; and
            (2) in the second sentence of the fourth paragraph, by 
        striking ``$500,000'' and inserting ``$650,000''.
    Sec. 417.  Section 339(h) of the Department of the Interior and 
Related Agencies Appropriations Act, 2000, as amended, concerning a 
pilot program for the sale of forest botanical products by the Forest 
Service, is further amended by striking ``September 30, 2009'' and 
inserting ``September 30, 2014''.
    Sec. 418.  The second sentence of section 2 (a)(1) of the Mineral 
Leasing Act (30 U.S.C. 201(a)(1); relating to coal bonus bids) does not 
apply for fiscal year 2010.
    Sec. 419.  All monies received by the United States in fiscal year 
2010 from sales, bonuses, rentals, and royalties under the Geothermal 
Steam Act of 1970 shall be disposed of as provided by section 20 of 
that Act (30 U.S.C. 1019), as in effect immediately before enactment of 
the Energy Policy Act of 2005 (Public Law 109-58), and without regard 
to the amendments contained in sections 224(b) and section 234 of the 
Energy Policy Act of 2005 (42 U.S.C. 17673).
    Sec. 420.  Section 331(e) of the Department of the Interior and 
Related Agencies Appropriations Act, 2001, (Public Law 106-291), as 
added by section 336 of division E of the Consolidated Appropriations 
Act, 2005 (Public Law 108-447), concerning cooperative forestry 
agreements known as the Colorado Good Neighbor Act Authority is amended 
by striking ``September 30, 2009'' and inserting ``September 30, 
2013''.
    Sec. 421.  None of the funds in this or any other Act shall be used 
to deposit funds from any Federal royalties, rents, and bonuses derived 
from Federal onshore and offshore oil and gas leases issued under the 
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) and the 
Mineral Leasing Act (30 U.S.C. 181 et seq.) into the Ultra-Deepwater 
and Unconventional Natural Gas and Other Petroleum Research Fund.
    Sec. 422.  Section 302(a) of the Secure Rural Schools and Community 
Self-Determination Act of 2000 (16 U.S.C. 7142(a)) is amended--
            (1) in paragraph (2)(B), by striking ``; and'' and 
        inserting a semicolon;
            (2) in paragraph (3), by striking the period and inserting 
        ``; and''; and
            (3) by inserting after paragraph (3), the following: ``(4) 
        to reimburse all or part of the costs incurred by the county to 
        pay the salaries and benefits of county employees who supervise 
        adults or juveniles performing mandatory community service on 
        Federal lands.''.
    Sec. 423.  Within the amounts appropriated in this Act, funding 
shall be allocated in the amounts specified for those projects and 
purposes delineated in the table titled ``Congressionally Directed 
Spending'' included in the explanatory statement accompanying this Act. 
The preceding sentence shall apply in addition to the allocation 
requirements specified in this Act under the heading ``National Park 
Service-Historic Preservation Fund'' for Save America's Treasures and 
under the heading ``Environmental Protection Agency-State and Tribal 
Assistance Grants'' for special project grants for the construction of 
drinking water, wastewater and storm infrastructure and for water 
quality protection.
    Sec. 424.  Not later than 120 days after the date on which the 
President's Fiscal Year 2011 budget request is submitted to Congress, 
the President shall submit a report to the Committee on Appropriations 
of the House of Representatives and the Committee on Appropriations of 
the Senate describing in detail all Federal agency obligations and 
expenditures, domestic and international, for climate change programs 
and activities in fiscal year 2008, fiscal year 2009, and fiscal year 
2010, including an accounting of expenditures by agency with each 
agency identifying climate change activities and associated costs by 
line item as presented in the President's Budget Appendix.
    Sec. 425.  Notwithstanding any other provision of law, none of the 
funds made available in this or any other Act may be used to implement 
any rule that requires mandatory reporting of greenhouse gas emissions 
from manure management systems.
    Sec. 426. (a) None of the funds made available in this or any prior 
Act may be used to release an individual who is detained, as of April 
30, 2009, at Naval Station, Guantanamo Bay, Cuba, into any of the 
United States territories of Guam, American Samoa (AS), the United 
States Virgin Islands (USVI), the Commonwealth of Puerto Rico and the 
Commonwealth of the Northern Mariana Islands (CNMI).
    (b) None of the funds made available in this or any other prior Act 
may be used to transfer an individual who is detained, as of April 30, 
2009, at Naval Station, Guantanamo Bay, Cuba, into any of the United 
States territories of Guam, American Samoa (AS), the United States 
Virgin Islands (USVI), the Commonwealth of Puerto Rico and the 
Commonwealth of the Northern Mariana Islands (CNMI), for the purposes 
of detaining or prosecuting such individual, until 2 months after the 
plan described in subsection (c) is received.
    (c) The President shall submit to the Congress, in writing, a 
comprehensive plan regarding the proposed disposition of each 
individual who is detained, as of April 30, 2009, at Naval Station, 
Guantanamo Bay, Cuba, who is not covered under subsection (d). Such 
plan shall include, at a minimum, each of the following for each such 
individual:
            (1) The findings of an analysis regarding any risk to the 
        national security of the United States that is posed by the 
        transfer of the individual.
            (2) The costs associated with not transferring the 
        individual in question.
            (3) The legal rationale and associated court demands for 
        transfer.
            (4) A certification by the President that any risk 
        described in paragraph (1) has been mitigated, together with a 
        full description of the plan for such mitigation.
            (5) A certification by the President that the President has 
        submitted to the Governor and legislature of the State or 
        territory (or, in the case of the District of Columbia, to the 
        Mayor of the District of Columbia) to which the President 
        intends to transfer the individual a certification in writing 
        at least 30 days prior to such transfer (together with 
        supporting documentation and justification) that the individual 
        does not pose a security risk to the United States.
    (d) None of the funds made available in this or any prior Act may 
be used to transfer or release an individual detained at Naval Station, 
Guantanamo Bay, Cuba, as of April 30, 2009, to a freely associated 
State, unless the President submits to the Congress, in writing, at 
least 30 days prior to such transfer or release, the following 
information:
            (1) The name of any individual to be transferred or 
        released and the freely associated State to which such 
        individual is to be transferred or released.
            (2) An assessment of any risk to the national security of 
        the United States or its citizens, including members of the 
        Armed Services or the United States, that is posed by such 
        transfer or release and the actions taken to mitigate such 
        risk.
            (3) The terms of any agreement with the freely associated 
        State for the acceptance of such individual, including the 
        amount of any financial assistance related to such agreement.
    (e) In this section, the term ``freely associated States'' means 
the Federated States of Micronesia (FSM), the Republic of the Marshall 
Islands (RMI), and the Republic of Palau.
    Sec. 427.  Notwithstanding any other provision of law, none of the 
funds made available in this or any other Act may be used to promulgate 
or implement any regulation requiring the issuance of permits under 
title V of the Clean Air Act for carbon dioxide, nitrous oxide, water 
vapor, or methane emissions resulting from biological processes 
associated with livestock production.
     This Act may be cited as the ``Department of the Interior, 
Environment, and Related Agencies Appropriations Act, 2010''.
                                                  Union Calendar No. 97

111th CONGRESS

  1st Session

                               H. R. 2996

                          [Report No. 111-180]

_______________________________________________________________________

                                 A BILL

Making appropriations for the Department of the Interior, environment, 
and related agencies for the fiscal year ending September 30, 2010, and 
                          for other purposes.

_______________________________________________________________________

                             June 23, 2009

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed