That the following sums are
appropriated, out of any money in the Treasury not otherwise appropriated, for
the Department of the Interior, environment, and related agencies for the
fiscal year ending September 30, 2010, and for other purposes, namely:
<enum>I</enum><header>Department of the
interior</header>
<appropriations-intermediate id="ID024E9F344E8849109F02F696AE8AEAC0"><header>Bureau of land
management</header>
</appropriations-intermediate><appropriations-small id="ID34C581B1799F4D0A8E9AF1B2AD1969D2"><header>Management of lands and
resources</header><text display-inline="no-display-inline">For necessary
expenses for protection, use, improvement, development, disposal, cadastral
surveying, classification, acquisition of easements and other interests in
lands, and performance of other functions, including maintenance of facilities,
as authorized by law, in the management of lands and their resources under the
jurisdiction of the Bureau of Land Management, including the general
administration of the Bureau, and assessment of mineral potential of public
lands pursuant to
<external-xref legal-doc="public-law" parsable-cite="pl/96/487">Public Law
96–487</external-xref> (<external-xref legal-doc="usc" parsable-cite="usc/16/3150">16 U.S.C. 3150(a)</external-xref>),
$950,496,000, to remain available until
expended; and of which $3,000,000 shall be
available in fiscal year 2010 subject to a match by at least an equal amount by
the National Fish and Wildlife Foundation for cost-shared projects supporting
conservation of Bureau lands; and such funds shall be advanced to the
Foundation as a lump sum grant without regard to when expenses are
incurred.</text><text display-inline="no-display-inline">In addition,
$45,500,000 is for the processing of
applications for permit to drill and related use authorizations, to remain
available until expended, to be reduced by amounts collected by the Bureau and
credited to this appropriation that shall be derived from
$6,500 per new application for permit to drill
that the Bureau shall collect upon submission of each new application, and in
addition, $36,696,000 is for Mining Law
Administration program operations, including the cost of administering the
mining claim fee program; to remain available until expended, to be reduced by
amounts collected by the Bureau and credited to this appropriation from annual
mining claim fees so as to result in a final appropriation estimated at not
more than $950,496,000, and
$2,000,000, to remain available until expended,
from communication site rental fees established by the Bureau for the cost of
administering communication site activities.</text>
</appropriations-small><appropriations-small id="H9B928B2D1CDE44D0B0D1AB2E6C8E8518"><header>Construction</header><text display-inline="no-display-inline">For construction of buildings, recreation
facilities, roads, trails, and appurtenant facilities,
$6,590,000, to remain available until
expended.</text>
</appropriations-small><appropriations-small id="H588C1FF170D043389020AD215C9C24A5"><header>Land acquisition</header><text display-inline="no-display-inline">For expenses necessary to carry out sections
205, 206, and 318(d) of
<external-xref legal-doc="public-law" parsable-cite="pl/94/579">Public Law
94–579</external-xref>, including administrative expenses and acquisition of
lands or waters, or interests therein,
$26,529,000, to be derived from the Land and
Water Conservation Fund and to remain available until
expended.</text>
</appropriations-small><appropriations-small id="H9127764AE3724DF29B3C65AF171E24D5"><header>Oregon and california grant
lands</header><text display-inline="no-display-inline">For expenses necessary
for management, protection, and development of resources and for construction,
operation, and maintenance of access roads, reforestation, and other
improvements on the revested Oregon and California Railroad grant lands, on
other Federal lands in the Oregon and California land-grant counties of Oregon,
and on adjacent rights-of-way; and acquisition of lands or interests therein,
including existing connecting roads on or adjacent to such grant lands;
$111,557,000, to remain available until
expended: <italic>Provided</italic>, That 25 percent of the aggregate of all
receipts during the current fiscal year from the revested Oregon and California
Railroad grant lands is hereby made a charge against the Oregon and California
land-grant fund and shall be transferred to the General Fund in the Treasury in
accordance with the second paragraph of subsection (b) of title II of the Act
of August 28, 1937 (50 Stat. 876).</text>
</appropriations-small><appropriations-small id="idC65137D9F43441E8B1DCC03D279E1BD3"><header>Forest ecosystem health and
recovery fund</header>
</appropriations-small><appropriations-small id="H6B6BA059ACC34E3E892750A2F4A8B582"><header>(revolving fund, special
account)</header><text display-inline="no-display-inline">In addition to the
purposes authorized in
<external-xref legal-doc="public-law" parsable-cite="pl/102/381">Public Law
102–381</external-xref>, funds made available in the Forest Ecosystem Health
and Recovery Fund can be used through fiscal year 2015 for the purpose of
planning, preparing, implementing and monitoring salvage timber sales and
forest ecosystem health and recovery activities, such as release from competing
vegetation and density control treatments. The Federal share of receipts
(defined as the portion of salvage timber receipts not paid to the counties
under 43 U.S.C. 1181f and
<external-xref legal-doc="usc" parsable-cite="usc/43/1181f-1">43 U.S.C. 1181f–1
et seq.</external-xref>, and
<external-xref legal-doc="public-law" parsable-cite="pl/106/393">Public Law
106–393</external-xref>) derived from treatments funded by this account shall
be deposited through fiscal year 2015 into the Forest Ecosystem Health and
Recovery Fund.</text>
</appropriations-small><appropriations-small id="H7CCAC26ABF1F4EF3A6E70E92A86E49E0"><header>Range improvements</header><text display-inline="no-display-inline">For rehabilitation, protection, and
acquisition of lands and interests therein, and improvement of Federal
rangelands pursuant to section 401 of the Federal Land Policy and Management
Act of 1976 (<external-xref legal-doc="usc" parsable-cite="usc/43/1701">43
U.S.C. 1701</external-xref>), notwithstanding any other Act, sums equal to 50
percent of all moneys received during the prior fiscal year under sections 3
and 15 of the Taylor Grazing Act (<external-xref legal-doc="usc" parsable-cite="usc/43/315">43 U.S.C. 315 et seq.</external-xref>) and the
amount designated for range improvements from grazing fees and mineral leasing
receipts from Bankhead-Jones lands transferred to the Department of the
Interior pursuant to law, but not less than
$10,000,000, to remain available until expended:
<italic>Provided</italic>, That not to exceed
$600,000 shall be available for administrative
expenses.</text>
</appropriations-small><appropriations-small id="id130834FB2CB641539514562CBCF553DB"><header>Service charges, deposits, and
forfeitures</header><text display-inline="no-display-inline">For administrative
expenses and other costs related to processing application documents and other
authorizations for use and disposal of public lands and resources, for costs of
providing copies of official public land documents, for monitoring
construction, operation, and termination of facilities in conjunction with use
authorizations, and for rehabilitation of damaged property, such amounts as may
be collected under
<external-xref legal-doc="public-law" parsable-cite="pl/94/579">Public Law
94–579</external-xref>, as amended, and
<external-xref legal-doc="public-law" parsable-cite="pl/93/153">Public Law
93–153</external-xref>, to remain available until expended:
<italic>Provided</italic>, That, notwithstanding any provision to the contrary
of section 305(a) of
<external-xref legal-doc="public-law" parsable-cite="pl/94/579">Public Law
94–579</external-xref> (<external-xref legal-doc="usc" parsable-cite="usc/43/1735">43 U.S.C. 1735(a)</external-xref>), any moneys that
have been or will be received pursuant to that section, whether as a result of
forfeiture, compromise, or settlement, if not appropriate for refund pursuant
to section 305(c) of that Act (<external-xref legal-doc="usc" parsable-cite="usc/43/1735">43 U.S.C. 1735(c)</external-xref>), shall be
available and may be expended under the authority of this Act by the Secretary
to improve, protect, or rehabilitate any public lands administered through the
Bureau of Land Management which have been damaged by the action of a resource
developer, purchaser, permittee, or any unauthorized person, without regard to
whether all moneys collected from each such action are used on the exact lands
damaged which led to the action: <italic>Provided further</italic>, That any
such moneys that are in excess of amounts needed to repair damage to the exact
land for which funds were collected may be used to repair other damaged public
lands.</text>
</appropriations-small><appropriations-small id="H42037BD5CA8542DCB790C5911EE47DDC"><header>Miscellaneous trust
funds</header><text display-inline="no-display-inline">In addition to amounts
authorized to be expended under existing laws, there is hereby appropriated
such amounts as may be contributed under section 307 of the Act of October 21,
1976 (<external-xref legal-doc="usc" parsable-cite="usc/43/1701">43 U.S.C.
1701</external-xref>), and such amounts as may be advanced for administrative
costs, surveys, appraisals, and costs of making conveyances of omitted lands
under section 211(b) of that Act, to remain available until
expended.</text>
</appropriations-small><appropriations-small id="HB8767B724D8D46848F36C3B45A98ABFC"><header>Administrative
provisions</header><text display-inline="no-display-inline">Appropriations for
the Bureau of Land Management (BLM) shall be available for purchase, erection,
and dismantlement of temporary structures, and alteration and maintenance of
necessary buildings and appurtenant facilities to which the United States has
title; up to $100,000 for payments, at the
discretion of the Secretary, for information or evidence concerning violations
of laws administered by the Bureau; miscellaneous and emergency expenses of
enforcement activities authorized or approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to exceed
$10,000: <italic>Provided</italic>, That
notwithstanding <external-xref legal-doc="usc" parsable-cite="usc/44/501">44
U.S.C. 501</external-xref>, the Bureau may, under cooperative cost-sharing and
partnership arrangements authorized by law, procure printing services from
cooperators in connection with jointly produced publications for which the
cooperators share the cost of printing either in cash or in services, and the
Bureau determines the cooperator is capable of meeting accepted quality
standards: <italic>Provided further</italic>, That projects to be funded
pursuant to a written commitment by a State government to provide an identified
amount of money in support of the project may be carried out by the Bureau on a
reimbursable basis.</text>
</appropriations-small><appropriations-intermediate id="id7431664574A74161B776FF29F05BBD1A"><header>United states fish and wildlife
service</header>
</appropriations-intermediate><appropriations-small id="idB72E207546FE44D8AA84BB01D6783A31"><header>Resource
management</header><text display-inline="no-display-inline">For necessary
expenses of the United States Fish and Wildlife Service, as authorized by law,
and for scientific and economic studies, general administration, and for the
performance of other authorized functions related to such resources by direct
expenditure, contracts, grants, cooperative agreements and reimbursable
agreements with public and private entities,
$1,248,756,000, to remain available until
September 30, 2011 except as otherwise provided herein:
<italic>Provided</italic>, That $2,500,000 is
for high priority projects, which shall be carried out by the Youth
Conservation Corps: <italic>Provided further</italic>, That not to exceed
$20,603,000 shall be used for implementing
subsections (a), (b), (c), and (e) of section 4 of the Endangered Species Act,
as amended (except for processing petitions, developing and issuing proposed
and final regulations, and taking any other steps to implement actions
described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which
not to exceed $10,632,000 shall be used for any
activity regarding the designation of critical habitat, pursuant to subsection
(a)(3), excluding litigation support, for species listed pursuant to subsection
(a)(1) prior to October 1, 2009: <italic>Provided further</italic>, That of the
amount available for law enforcement, up to
$400,000, to remain available until expended,
may at the discretion of the Secretary be used for payment for information,
rewards, or evidence concerning violations of laws administered by the Service,
and miscellaneous and emergency expenses of enforcement activity, authorized or
approved by the Secretary and to be accounted for solely on the Secretary's
certificate: <italic>Provided further</italic>, That of the amount provided for
environmental contaminants, up to $1,000,000 may
remain available until expended for contaminant sample
analyses.</text>
</appropriations-small><appropriations-small id="id5988DBBA5E374B1CBCA54278D26DD9FD"><header>Construction</header>
</appropriations-small><appropriations-small id="H171619974773498EBD931E93C07D5264"><text display-inline="no-display-inline">For construction, improvement, acquisition,
or removal of buildings and other facilities required in the conservation,
management, investigation, protection, and utilization of fishery and wildlife
resources, and the acquisition of lands and interests therein;
$21,139,000, to remain available until
expended.</text>
</appropriations-small><appropriations-small id="idFDB43AF1B4DB4822A6693E44C1F8245A"><header>Land acquisition</header><text display-inline="no-display-inline">For expenses necessary to carry out the Land
and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through
11), including administrative expenses, and for acquisition of land or waters,
or interest therein, in accordance with statutory authority applicable to the
United States Fish and Wildlife Service,
$67,250,000 (increased by
$2,000,000), to be derived from the Land and
Water Conservation Fund and to remain available until expended, of which,
notwithstanding <external-xref legal-doc="usc" parsable-cite="usc/16/460l-9">16
U.S.C. 460l–9</external-xref>, not more than
$2,000,000 (increased by
$2,000,000) shall be for land conservation
partnerships authorized by the Highlands Conservation Act of 2004:
<italic>Provided</italic>, That none of the funds appropriated for specific
land acquisition projects may be used to pay for any administrative overhead,
planning or other management costs.</text>
</appropriations-small><appropriations-small id="idF595F7C8E28442AFA39B2C4D4C795982"><header>Cooperative endangered species
conservation fund</header>
</appropriations-small><appropriations-small id="id7CBF8965135B4F3A8AB6418FC68C6ECC"><text display-inline="no-display-inline">For expenses necessary to carry out section
6 of the Endangered Species Act of 1973 (<external-xref legal-doc="usc" parsable-cite="usc/16/1531">16 U.S.C. 1531 et seq.</external-xref>), as
amended, $100,000,000, to remain available until
expended, of which $34,307,000 is to be derived
from the Cooperative Endangered Species Conservation Fund, of which
$5,145,706 shall be for the Idaho Salmon and
Clearwater River Basins Habitat Account pursuant to the Snake River Water
Rights Act of 2004; and of which $65,693,000 is
to be derived from the Land and Water Conservation
Fund.</text>
</appropriations-small><appropriations-small id="H6F75B16809544F29BC7FCF3392B0BD08"><header>National wildlife refuge
fund</header><text display-inline="no-display-inline">For expenses necessary to
implement the Act of October 17, 1978 (<external-xref legal-doc="usc" parsable-cite="usc/16/715s">16 U.S.C. 715s</external-xref>),
$14,100,000.</text>
</appropriations-small><appropriations-small id="H4375084FA8C044F1923C0F2D29D2DED5"><header>North american wetlands
conservation fund</header><text display-inline="no-display-inline">For expenses
necessary to carry out the provisions of the North American Wetlands
Conservation Act, as amended (<external-xref legal-doc="usc" parsable-cite="usc/16/4401">16 U.S.C. 4401–4414</external-xref>),
$52,647,000, to remain available until
expended.</text>
</appropriations-small><appropriations-small id="HBBF76A17945343F0A9489233E5515DD8"><header>Neotropical migratory bird
conservation</header><text display-inline="no-display-inline">For expenses
necessary to carry out the Neotropical Migratory Bird Conservation Act, as
amended (<external-xref legal-doc="usc" parsable-cite="usc/16/6101">16 U.S.C.
6101 et seq.</external-xref>), $5,250,000, to
remain available until expended.</text>
</appropriations-small><appropriations-small id="HFD47DC1CDE574A2BA0BC452174F91A33"><header>Multinational species
conservation fund</header><text display-inline="no-display-inline">For expenses
necessary to carry out the African Elephant Conservation Act (<external-xref legal-doc="usc" parsable-cite="usc/16/4201">16 U.S.C.
4201–4203</external-xref>, 4211–4214, 4221–4225, 4241–4246, and 1538), the
Asian Elephant Conservation Act of 1997 (<external-xref legal-doc="usc" parsable-cite="usc/16/4261">16 U.S.C. 4261–4266</external-xref>), the
Rhinoceros and Tiger Conservation Act of 1994 (<external-xref legal-doc="usc" parsable-cite="usc/16/5301">16 U.S.C. 5301–5306</external-xref>), the Great Ape
Conservation Act of 2000 (<external-xref legal-doc="usc" parsable-cite="usc/16/6301">16 U.S.C. 6301–6305</external-xref>), and the
Marine Turtle Conservation Act of 2004 (<external-xref legal-doc="usc" parsable-cite="usc/16/6601">16 U.S.C. 6601–6606</external-xref>),
$11,500,000, to remain available until
expended.</text>
</appropriations-small><appropriations-small id="HEAB0DB901D1842DB87ED894AF1ED854A"><header>State and tribal wildlife
grants</header><text display-inline="no-display-inline">For wildlife
conservation grants to States and to the District of Columbia, Puerto Rico,
Guam, the United States Virgin Islands, the Northern Mariana Islands, American
Samoa, and federally recognized Indian tribes under the provisions of the Fish
and Wildlife Act of 1956 and the Fish and Wildlife Coordination Act, for the
development and implementation of programs for the benefit of wildlife and
their habitat, including species that are not hunted or fished,
$115,000,000, to remain available until
expended: <italic>Provided</italic>, That of the amount provided herein,
$7,000,000 is for a competitive grant program
for federally recognized Indian tribes not subject to the remaining provisions
of this appropriation: <italic>Provided further</italic>, That
$5,000,000 is for a competitive grant program
for States, territories, and other jurisdictions with approved plans, not
subject to the remaining provisions of this appropriation: <italic>Provided
further</italic>, That up to $20,000,000 is for
incorporating wildlife adaptation strategies and actions to address the impacts
of climate change into State Wildlife Action plans and implementing these
adaptation actions: <italic>Provided further</italic>, That the Secretary
shall, after deducting $32,000,000 and
administrative expenses, apportion the amount provided herein in the following
manner: (1) to the District of Columbia and to the Commonwealth of Puerto Rico,
each a sum equal to not more than one-half of 1 percent thereof; and (2) to
Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of
the Northern Mariana Islands, each a sum equal to not more than one-fourth of 1
percent thereof: <italic>Provided further</italic>, That the Secretary shall
apportion the remaining amount in the following manner: (1) one-third of which
is based on the ratio to which the land area of such State bears to the total
land area of all such States; and (2) two-thirds of which is based on the ratio
to which the population of such State bears to the total population of all such
States: <italic>Provided further</italic>, That the amounts apportioned under
this paragraph shall be adjusted equitably so that no State shall be
apportioned a sum which is less than 1 percent of the amount available for
apportionment under this paragraph for any fiscal year or more than 5 percent
of such amount: <italic>Provided further</italic>, That the Federal share of
planning grants shall not exceed 75 percent of the total costs of such projects
and the Federal share of implementation grants shall not exceed 75 percent of
the total costs of such projects: <italic>Provided further</italic>, That the
non-Federal share of such projects may not be derived from Federal grant
programs: <italic>Provided further</italic>, That no State, territory, or other
jurisdiction shall receive a grant if its comprehensive wildlife conservation
plan is disapproved and such funds that would have been distributed to such
State, territory, or other jurisdiction shall be distributed equitably to
States, territories, and other jurisdictions with approved plans:
<italic>Provided further</italic>, That any amount apportioned in 2010 to any
State, territory, or other jurisdiction that remains unobligated as of
September 30, 2011, shall be reapportioned, together with funds appropriated in
2012, in the manner provided herein.</text>
</appropriations-small><appropriations-small id="HDFEBE097E1354B8BA50D7514B89A068D"><header>Administrative
provisions</header><text display-inline="no-display-inline">Appropriations and
funds available to the United States Fish and Wildlife Service shall be
available for repair of damage to public roads within and adjacent to
reservation areas caused by operations of the Service; options for the purchase
of land at not to exceed $1 for each option;
facilities incident to such public recreational uses on conservation areas as
are consistent with their primary purpose; and the maintenance and improvement
of aquaria, buildings, and other facilities under the jurisdiction of the
Service and to which the United States has title, and which are used pursuant
to law in connection with management, and investigation of fish and wildlife
resources: <italic>Provided</italic>, That notwithstanding
<external-xref legal-doc="usc" parsable-cite="usc/44/501">44 U.S.C.
501</external-xref>, the Service may, under cooperative cost sharing and
partnership arrangements authorized by law, procure printing services from
cooperators in connection with jointly produced publications for which the
cooperators share at least one-half the cost of printing either in cash or
services and the Service determines the cooperator is capable of meeting
accepted quality standards: <italic>Provided further</italic>, That,
notwithstanding any other provision of law, the Service may use up to
$2,000,000 from funds provided for contracts for
employment-related legal services: <italic>Provided further</italic>, That the
Service may accept donated aircraft as replacements for existing
aircraft.</text>
</appropriations-small><appropriations-intermediate id="HB472734080024988B046E6FCAB55C6AD"><header>National park
service</header>
</appropriations-intermediate><appropriations-small id="HFB15828404554EB3B29B4F797603DC35"><header>Operation of the national park
system</header><text display-inline="no-display-inline">For expenses necessary
for the management, operation, and maintenance of areas and facilities
administered by the National Park Service (including expenses to carry out
programs of the United States Park Police), and for the general administration
of the National Park Service, $2,260,684,000, of
which $9,982,000 for planning and interagency
coordination in support of Everglades restoration and
$98,622,000 for maintenance, repair or
rehabilitation projects for constructed assets, operation of the National Park
Service automated facility management software system, and comprehensive
facility condition assessments shall remain available until September 30,
2011.</text>
</appropriations-small><appropriations-small id="H090F8F791E1A4A08978561F430886B3B"><header>Park Partnership Project
Grants</header><text display-inline="no-display-inline">For expenses necessary
to carry out provisions of section 814(g) of
<external-xref legal-doc="public-law" parsable-cite="pl/104/333">Public Law
104–333</external-xref> relating to challenge cost-share agreements,
$25,000,000, to remain available until expended
for Park Partnership signature projects and programs:
<italic>Provided</italic>, That not less than 50 percent of the total cost of
each project or program is derived from non-Federal sources in the form of
donated cash, assets, or a pledge of donation guaranteed by an irrevocable
letter of credit.</text>
</appropriations-small><appropriations-small id="H942914DC934D43DA90666D5B4EEDC621"><header>National recreation and
preservation</header><text display-inline="no-display-inline">For expenses
necessary to carry out recreation programs, natural programs, cultural
programs, heritage partnership programs, environmental compliance and review,
international park affairs, statutory or contractual aid for other activities,
and grant administration, not otherwise provided for,
$59,386,000.</text>
</appropriations-small><appropriations-small id="H2BBEC8A090154E8FA6BC92E288089665"><header>Historic preservation
fund</header>
</appropriations-small><appropriations-small id="HD286215234A949799632D6016698561B"><text display-inline="no-display-inline">For expenses necessary in carrying out the
Historic Preservation Act of 1966, as amended (<external-xref legal-doc="usc" parsable-cite="usc/16/470">16 U.S.C. 470</external-xref>), and the Omnibus
Parks and Public Lands Management Act of 1996 (<external-xref legal-doc="public-law" parsable-cite="pl/104/333">Public Law
104–333</external-xref>), $90,675,000 (increased
by $1,000,000), to be derived from the Historic
Preservation Fund and to remain available until September 30, 2011; of which
$30,000,000 (increased by
$1,000,000) shall be for Save America's
Treasures for preservation of nationally significant sites, structures, and
artifacts; and of which $6,175,000 shall be for
Preserve America grants to States, federally recognized Indian Tribes, and
local communities for projects that preserve important historic resources
through the promotion of heritage tourism: <italic>Provided</italic>, That of
the funds provided for Save America’s Treasures,
$5,310,000 shall be allocated in the amounts
specified for those projects and purposes in accordance with the terms and
conditions specified in the explanatory statement accompanying this
Act.</text>
</appropriations-small><appropriations-small id="H2FF79BCF3CF14763B7477B1C722C884D"><header>Construction</header>
</appropriations-small><appropriations-small id="H6D22BF92061340B79FE7795565F9C2AD"><text display-inline="no-display-inline">For construction, improvements, repair or
replacement of physical facilities, including modifications authorized by
section 104 of the Everglades National Park Protection and Expansion Act of
1989, $214,691,000 (reduced by
$1,000,000), to remain available until expended:
<italic>Provided</italic>, That the National Park Service shall complete a
special resource study along the route of the Mississippi River in the counties
contiguous to the river from its headwaters in the State of Minnesota to the
Gulf of Mexico.</text>
</appropriations-small><appropriations-small id="H63E2962453084536829E3D5ECB71A7EC"><header>Land and water conservation
fund</header>
</appropriations-small><appropriations-small id="HB5BB73FD52124410AEAF10367B3A1DC8"><header>(rescission)</header><text display-inline="no-display-inline">The contract authority provided for fiscal
year 2010 by 16 U.S.C. 460l–10a is rescinded.</text>
</appropriations-small><appropriations-small id="H13960648C66541A7B87D0E33A50F1AD4"><header>Land acquisition and state
assistance</header><text display-inline="no-display-inline">For expenses
necessary to carry out the Land and Water Conservation Act of 1965, as amended
(16 U.S.C. 460l–4 through 11), including administrative expenses, and for
acquisition of lands or waters, or interest therein, in accordance with the
statutory authority applicable to the National Park Service,
$103,222,000 (increased by
$10,000,000), to be derived from the Land and
Water Conservation Fund and to remain available until expended, of which
$30,000,000 (increased by
$10,000,000) is for the State assistance
program.</text>
</appropriations-small><appropriations-small id="H9C5AFCFD802D40A0AEA68844DD7E42EE"><header>Administrative
provisions</header><text display-inline="no-display-inline">In addition to
other uses set forth in section 407(d) of
<external-xref legal-doc="public-law" parsable-cite="pl/105/391">Public Law
105–391</external-xref>, franchise fees credited to a sub-account shall be
available for expenditure by the Secretary, without further appropriation, for
use at any unit within the National Park System to extinguish or reduce
liability for Possessory Interest or leasehold surrender interest. Such funds
may only be used for this purpose to the extent that the benefiting unit
anticipated franchise fee receipts over the term of the contract at that unit
exceed the amount of funds used to extinguish or reduce liability. Franchise
fees at the benefiting unit shall be credited to the sub-account of the
originating unit over a period not to exceed the term of a single contract at
the benefiting unit, in the amount of funds so expended to extinguish or reduce
liability.</text><text display-inline="no-display-inline">For the costs of
administration of the Land and Water Conservation Fund grants authorized by
section 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006
(<external-xref legal-doc="public-law" parsable-cite="pl/109/432">Public Law
109–432</external-xref>), the National Park Service may retain up to 3 percent
of the amounts which are authorized to be disbursed under such section, such
retained amounts to remain available until expended.</text><text display-inline="no-display-inline">National
Park Service funds may be transferred to the Federal Highway Administration
(FHWA), Department of Transportation, for purposes authorized under 23 U.S.C.
204. Transfers may include a reasonable amount for FHWA administrative support
costs.</text>
</appropriations-small><appropriations-intermediate id="HF8B8C296EACD4E1B8AD71D90ABC7DF08"><header>United states geological
survey</header>
</appropriations-intermediate><appropriations-small id="H6A28167E1EEF442394D46AC27E55562B"><header>Surveys, investigations, and
research</header><text display-inline="no-display-inline">For expenses
necessary for the United States Geological Survey to perform surveys,
investigations, and research covering topography, geology, hydrology, biology,
and the mineral and water resources of the United States, its territories and
possessions, and other areas as authorized by
<external-xref legal-doc="usc" parsable-cite="usc/43/31">43 U.S.C.
31</external-xref>, 1332, and 1340; classify lands as to their mineral and
water resources; give engineering supervision to power permittees and Federal
Energy Regulatory Commission licensees; administer the minerals exploration
program (<external-xref legal-doc="usc" parsable-cite="usc/30/641">30 U.S.C.
641</external-xref>); conduct inquiries into the economic conditions affecting
mining and materials processing industries (<external-xref legal-doc="usc" parsable-cite="usc/30/3">30 U.S.C. 3</external-xref>, 21a, and 1603;
<external-xref legal-doc="usc" parsable-cite="usc/50/98g">50 U.S.C.
98g(1)</external-xref>) and related purposes as authorized by law; and to
publish and disseminate data relative to the foregoing activities;
$1,105,744,000, to remain available until
September 30, 2011, of which $65,561,000 shall
be available only for cooperation with States or municipalities for water
resources investigations; of which $40,150,000
shall remain available until expended for satellite operations; and of which
$7,321,000 shall be available until expended for
deferred maintenance and capital improvement projects that exceed
$100,000 in cost and of which
$2,000,000 shall be available for the United
States Geological Survey to fund the operating expenses for the Civil
Applications Committee: <italic>Provided</italic>, That none of the funds
provided for the biological research activity shall be used to conduct new
surveys on private property, unless specifically authorized in writing by the
property owner: <italic>Provided further</italic>, That no part of this
appropriation shall be used to pay more than one-half the cost of topographic
mapping or water resources data collection and investigations carried on in
cooperation with States and municipalities.</text>
</appropriations-small><appropriations-small id="H53FB071FCF5943C88165CA69E1C2BE55"><header>Administrative
provisions</header><text display-inline="no-display-inline">From within the
amount appropriated for activities of the United States Geological Survey such
sums as are necessary shall be available for reimbursement to the General
Services Administration for security guard services; contracting for the
furnishing of topographic maps and for the making of geophysical or other
specialized surveys when it is administratively determined that such procedures
are in the public interest; construction and maintenance of necessary buildings
and appurtenant facilities; acquisition of lands for gauging stations and
observation wells; expenses of the United States National Committee on Geology;
and payment of compensation and expenses of persons on the rolls of the Survey
duly appointed to represent the United States in the negotiation and
administration of interstate compacts: <italic>Provided</italic>, That
activities funded by appropriations herein made may be accomplished through the
use of contracts, grants, or cooperative agreements as defined in
<external-xref legal-doc="usc" parsable-cite="usc/31/6302">31 U.S.C. 6302 et
seq.</external-xref>: <italic>Provided further</italic>, That the United States
Geological Survey may enter into contracts or cooperative agreements directly
with individuals or indirectly with institutions or nonprofit organizations,
without regard to <external-xref legal-doc="usc" parsable-cite="usc/41/5">41
U.S.C. 5</external-xref>, for the temporary or intermittent services of
students or recent graduates, who shall be considered employees for the purpose
of chapters 57 and 81 of title 5, United States Code, relating to compensation
for travel and work injuries, and
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/28/171">chapter 171</external-xref> of title 28,
United States Code, relating to tort claims, but shall not be considered to be
Federal employees for any other purposes.</text>
</appropriations-small><appropriations-intermediate id="HFA345195713E4336A8EA0968D3AAB946"><header>Minerals management
service</header>
</appropriations-intermediate><appropriations-small id="HAD59B271DBB3434EAAB22655279A7812"><header>Royalty and offshore minerals
management</header><text display-inline="no-display-inline">For expenses
necessary for minerals leasing and environmental studies, regulation of
industry operations, and collection of royalties, as authorized by law; for
enforcing laws and regulations applicable to oil, gas, and other minerals
leases, permits, licenses and operating contracts; for energy-related or other
authorized marine-related purposes on the Outer Continental Shelf; and for
matching grants or cooperative agreements,
$174,317,000, to remain available until
September 30, 2011, of which $89,374,000 shall
be available for royalty management activities; and an amount not to exceed
$156,730,000, to be credited to this
appropriation and to remain available until expended, from additions to
receipts resulting from increases to rates in effect on August 5, 1993, and
from cost recovery fees: <italic>Provided</italic>, That notwithstanding
<external-xref legal-doc="usc" parsable-cite="usc/31/3302">31 U.S.C.
3302</external-xref>, in fiscal year 2010, such amounts as are assessed under
31 U.S.C. 9701 shall be collected and credited to this account and shall be
available until expended for necessary expenses: <italic>Provided
further</italic>, That to the extent
$156,730,000 in addition to receipts are not
realized from the sources of receipts stated above, the amount needed to reach
$156,730,000 shall be credited to this
appropriation from receipts resulting from rental rates for Outer Continental
Shelf leases in effect before August 5, 1993: <italic>Provided
further</italic>, That not to exceed $3,000
shall be available for reasonable expenses related to promoting volunteer beach
and marine cleanup activities: <italic>Provided further</italic>, That
notwithstanding any other provision of law,
$15,000 under this heading shall be available
for refunds of overpayments in connection with certain Indian leases in which
the Director of MMS concurred with the claimed refund due, to pay amounts owed
to Indian allottees or tribes, or to correct prior unrecoverable erroneous
payments: <italic>Provided further</italic>, That for the costs of
administration of the Coastal Impact Assistance Program authorized by section
31 of the Outer Continental Shelf Lands Act, as amended (<external-xref legal-doc="usc" parsable-cite="usc/43/1456a">43 U.S.C. 1456a</external-xref>),
in fiscal year 2010, MMS may retain up to 4 percent of the amounts which are
disbursed under section 31(b)(1), such retained amounts to remain available
until expended.</text><text display-inline="no-display-inline">For an
additional amount, $10,000,000, to remain
available until expended, which shall be derived from non-refundable inspection
fees collected in fiscal year 2010, as provided in this Act:
<italic>Provided</italic>, That to the extent that such amounts are not
realized from such fees, the amount needed to reach
$10,000,000 shall be credited to this
appropriation from receipts resulting from rental rates for Outer Continental
Shelf leases in effect before August 5, 1993.</text>
</appropriations-small><appropriations-small id="H77FC5A10864B49F2A65212E87CBF210A"><header>Oil spill research</header><text display-inline="no-display-inline">For necessary expenses to carry out title I,
section 1016, title IV, sections 4202 and 4303, title VII, and title VIII,
section 8201 of the Oil Pollution Act of 1990,
$6,303,000, which shall be derived from the Oil
Spill Liability Trust Fund, to remain available until
expended.</text>
</appropriations-small><appropriations-small id="H2ED73C38B17D4B399A808BF9E347FF6B"><header>Administrative
provision</header><text display-inline="no-display-inline">Notwithstanding the
provisions of section 35(b) of the Mineral Leasing Act, as amended
(<external-xref legal-doc="usc" parsable-cite="usc/30/191">30 U.S.C.
191(b)</external-xref>), the Secretary shall deduct 2 percent from the amount
payable to each State in fiscal year 2010 and deposit the amount deducted to
miscellaneous receipts of the Treasury.</text>
</appropriations-small><appropriations-intermediate id="H0FB79FEC647F4472862A41422642B357"><header>Office of surface mining
reclamation and enforcement</header>
</appropriations-intermediate><appropriations-small id="H8BF879D679A24550A621B739A49036C6"><header>Regulation and
technology</header><text display-inline="no-display-inline">For necessary
expenses to carry out the provisions of the Surface Mining Control and
Reclamation Act of 1977,
<external-xref legal-doc="public-law" parsable-cite="pl/95/87">Public Law
95–87</external-xref>, as amended, $127,180,000,
to remain available until September 30, 2011:
<added-phrase reported-display-style="italic">Provided</added-phrase>, That
appropriations for the Office of Surface Mining Reclamation and Enforcement may
provide for the travel and per diem expenses of State and tribal personnel
attending Office of Surface Mining Reclamation and Enforcement sponsored
training.</text>
</appropriations-small><appropriations-small id="H2AA35805AE564BC2861C5AFC146177FC"><header>Abandoned mine reclamation
fund</header>
</appropriations-small><appropriations-small id="H7D91F629532A4A95A709E4C151DCC43F"><text display-inline="no-display-inline">For necessary expenses to carry out title IV
of the Surface Mining Control and Reclamation Act of 1977,
<external-xref legal-doc="public-law" parsable-cite="pl/95/87">Public Law
95–87</external-xref>, as amended, $32,088,000,
to be derived from receipts of the Abandoned Mine Reclamation Fund and to
remain available until expended: <italic>Provided</italic>, That pursuant to
<external-xref legal-doc="public-law" parsable-cite="pl/97/365">Public Law
97–365</external-xref>, the Department of the Interior is authorized to use up
to 20 percent from the recovery of the delinquent debt owed to the United
States Government to pay for contracts to collect these debts: <italic>Provided
further</italic>, That amounts provided under this heading may be used for the
travel and per diem expenses of State and tribal personnel attending Office of
Surface Mining Reclamation and Enforcement sponsored training: <italic>Provided
further</italic>, That funds made available under title IV of
<external-xref legal-doc="public-law" parsable-cite="pl/95/87">Public Law
95–87</external-xref> may be used for any required non-Federal share of the
cost of projects funded by the Federal Government for the purpose of
environmental restoration related to treatment or abatement of acid mine
drainage from abandoned mines: <italic>Provided further</italic>, That such
projects must be consistent with the purposes and priorities of the Surface
Mining Control and Reclamation Act.</text>
</appropriations-small><appropriations-small id="H83FEEAAEB5384232862B0A159E13480A"><header>Administrative
provision</header><text display-inline="no-display-inline">With funds available
for the Technical Innovation and Professional Services program in this Act, the
Secretary may transfer title for computer hardware, software and other
technical equipment to State and tribal regulatory and reclamation
programs.</text>
</appropriations-small><appropriations-intermediate id="H0984C3C677AE4EFF819B57CCB672324D"><header>Bureau of indian
affairs</header>
</appropriations-intermediate><appropriations-small id="H800FA438D106428C84787F57E66B5BAB"><header>Operation of indian
programs</header>
</appropriations-small><appropriations-small id="HA5B4E02C53A24BDBB938DECEEE536D51"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For expenses necessary
for the operation of Indian programs, as authorized by law, including the
Snyder Act of November 2, 1921 (<external-xref legal-doc="usc" parsable-cite="usc/25/13">25 U.S.C. 13</external-xref>), the Indian
Self-Determination and Education Assistance Act of 1975 (<external-xref legal-doc="usc" parsable-cite="usc/25/450">25 U.S.C. 450 et
seq.</external-xref>), as amended, the Education Amendments of 1978
(<external-xref legal-doc="usc" parsable-cite="usc/25/2001">25 U.S.C.
2001–2019</external-xref>), and the Tribally Controlled Schools Act of 1988
(<external-xref legal-doc="usc" parsable-cite="usc/25/2501">25 U.S.C. 2501 et
seq.</external-xref>), as amended,
$2,300,099,000, to remain available until
September 30, 2011 except as otherwise provided herein; of which not to exceed
$8,500 may be for official reception and
representation expenses; of which not to exceed
$74,915,000 shall be for welfare assistance
payments: <italic>Provided</italic>, That in cases of designated Federal
disasters, the Secretary may exceed such cap, from the amounts provided herein,
to provide for disaster relief to Indian communities affected by the disaster;
and of which, notwithstanding any other provision of law, including but not
limited to the Indian Self-Determination Act of 1975, as amended, not to exceed
$159,084,000 shall be available for payments for
contract support costs associated with ongoing contracts, grants, compacts, or
annual funding agreements entered into with the Bureau prior to or during
fiscal year 2010, as authorized by such Act, except that federally recognized
tribes<added-phrase committee-id="SSAP00" reported-display-style="italic">,</added-phrase> and tribal organizations of
federally recognized tribes, may use their tribal priority allocations for
unmet contract support costs of ongoing contracts, grants, or compacts, or
annual funding agreements and for unmet welfare assistance costs; of which not
to exceed $568,702,000 for school operations
costs of Bureau-funded schools and other education programs shall become
available on July 1, 2010, and shall remain available until September 30, 2011;
and of which not to exceed $59,895,000 shall
remain available until expended for housing improvement, road maintenance,
attorney fees, litigation support, the Indian Self-Determination Fund, land
records improvement, and the Navajo-Hopi Settlement Program: <italic>Provided
further</italic>, That notwithstanding any other provision of law, including
but not limited to the Indian Self-Determination Act of 1975, as amended, and
<external-xref legal-doc="usc" parsable-cite="usc/25/2008">25 U.S.C.
2008</external-xref>, not to exceed $43,373,000
within and only from such amounts made available for school operations shall be
available for administrative cost grants associated with ongoing grants entered
into with the Bureau prior to or during fiscal year 2009 for the operation of
Bureau-funded schools, and up to $500,000 within
and only from such amounts made available for administrative cost grants shall
be available for the transitional costs of initial administrative cost grants
to grantees that assume operation on or after July 1, 2009, of Bureau-funded
schools: <italic>Provided further</italic>, That any forestry funds allocated
to a federally recognized tribe which remain unobligated as of September 30,
2011, may be transferred during fiscal year 2012 to an Indian forest land
assistance account established for the benefit of the holder of the funds
within the holder's trust fund account: <italic>Provided further</italic>, That
any such unobligated balances not so transferred shall expire on September 30,
2012: <italic>Provided further</italic>, That in order to enhance the safety of
Bureau field employees, the Bureau may use funds to purchase uniforms or other
identifying articles of clothing for personnel.</text>
</appropriations-small><appropriations-small id="HA2A04FDBFC6F4E09A2353D99232E9168"><header>Construction</header>
</appropriations-small><appropriations-small id="H9E52AD3D71354B849998ADEC1502D6E7"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For construction,
repair, improvement, and maintenance of irrigation and power systems,
buildings, utilities, and other facilities, including architectural and
engineering services by contract; acquisition of lands, and interests in lands;
and preparation of lands for farming, and for construction of the Navajo Indian
Irrigation Project pursuant to
<external-xref legal-doc="public-law" parsable-cite="pl/87/483">Public Law
87–483</external-xref>, $200,000,000, to remain
available until expended: <italic>Provided</italic>, That such amounts as may
be available for the construction of the Navajo Indian Irrigation Project may
be transferred to the Bureau of Reclamation: <italic>Provided further</italic>,
That not to exceed 6 percent of contract authority available to the Bureau of
Indian Affairs from the Federal Highway Trust Fund may be used to cover the
road program management costs of the Bureau: <italic>Provided further</italic>,
That any funds provided for the Safety of Dams program pursuant to 25 U.S.C. 13
shall be made available on a nonreimbursable basis: <italic>Provided
further</italic>, That for fiscal year 2010, in implementing new construction
or facilities improvement and repair project grants in excess of
$100,000 that are provided to grant schools
under <external-xref legal-doc="public-law" parsable-cite="pl/100/297">Public
Law 100–297</external-xref>, as amended, the Secretary of the Interior shall
use the Administrative and Audit Requirements and Cost Principles for
Assistance Programs contained in 43 CFR part 12 as the regulatory requirements:
<italic>Provided further</italic>, That such grants shall not be subject to
section 12.61 of 43 CFR; the Secretary and the grantee shall negotiate and
determine a schedule of payments for the work to be performed: <italic>Provided
further</italic>, That in considering grant applications, the Secretary shall
consider whether such grantee would be deficient in assuring that the
construction projects conform to applicable building standards and codes and
Federal, tribal, or State health and safety standards as required by
<external-xref legal-doc="usc" parsable-cite="usc/25/2005">25 U.S.C.
2005(b)</external-xref>, with respect to organizational and financial
management capabilities: <italic>Provided further</italic>, That if the
Secretary declines a grant application, the Secretary shall follow the
requirements contained in
<external-xref legal-doc="usc" parsable-cite="usc/25/2504">25 U.S.C.
2504(f)</external-xref>: <italic>Provided further</italic>, That any disputes
between the Secretary and any grantee concerning a grant shall be subject to
the disputes provision in
<external-xref legal-doc="usc" parsable-cite="usc/25/2507">25 U.S.C.
2507(e)</external-xref>: <italic>Provided further</italic>, That in order to
ensure timely completion of construction projects, the Secretary may assume
control of a project and all funds related to the project, if, within eighteen
months of the date of enactment of this Act, any grantee receiving funds
appropriated in this Act or in any prior Act, has not completed the planning
and design phase of the project and commenced construction: <italic>Provided
further</italic>, That this appropriation may be reimbursed from the Office of
the Special Trustee for American Indians appropriation for the appropriate
share of construction costs for space expansion needed in agency offices to
meet trust reform implementation.</text>
</appropriations-small><appropriations-small id="HD356312A3A1640EA83CBED75FA7EBD7E"><header>Indian land and water claim
settlements and miscellaneous payments to indians</header><text display-inline="no-display-inline">For payments and necessary administrative
expenses for implementation of Indian land and water claim settlements pursuant
to Public Laws 99–264, 100–580, 101–618, 108–447, 109–379, 109–479, 110–297,
and 111–11, and for implementation of other land and water rights settlements,
$47,380,000, to remain available until
expended.</text>
</appropriations-small><appropriations-small id="H35AC3EA1D65D4842B7032B267EC7F45E"><header>Indian guaranteed loan program
account</header><text display-inline="no-display-inline">For the cost of
guaranteed loans and insured loans, $8,215,000,
of which $1,629,000 is for administrative
expenses, as authorized by the Indian Financing Act of 1974, as amended:
<italic>Provided</italic>, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional Budget Act
of 1974: <italic>Provided further</italic>, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed or
insured, not to exceed
$93,807,956.</text>
</appropriations-small><appropriations-small id="H72B6CC08E38C4C7D808FD34B178A0B31"><header>Indian Land Consolidation
</header><text display-inline="no-display-inline">For consolidation of
fractional interests in Indian lands and expenses associated with redetermining
and redistributing escheated interests in allotted lands, and for necessary
expenses to carry out the Indian Land Consolidation Act (<external-xref legal-doc="usc" parsable-cite="usc/25/2201">25 U.S.C. 2201 et
seq.</external-xref>), as amended, by direct expenditure or cooperative
agreement, $3,000,000, to remain available until
expended.</text>
</appropriations-small><appropriations-small id="H1EEE6445F4DD47A7B78262140ED7CC65"><header>Administrative
provisions</header><text display-inline="no-display-inline">The Bureau of
Indian Affairs may carry out the operation of Indian programs by direct
expenditure, contracts, cooperative agreements, compacts and grants, either
directly or in cooperation with States and other organizations.</text><text display-inline="no-display-inline">Notwithstanding
<external-xref legal-doc="usc" parsable-cite="usc/25/15">25 U.S.C.
15</external-xref>, the Bureau of Indian Affairs may contract for services in
support of the management, operation, and maintenance of the Power Division of
the San Carlos Irrigation Project.</text><text display-inline="no-display-inline">Appropriations for the Bureau of Indian
Affairs (except the Revolving Fund for Loans Liquidating Account, Indian Loan
Guaranty and Insurance Fund Liquidating Account, Indian Guaranteed Loan
Financing Account, Indian Direct Loan Financing Account, and the Indian
Guaranteed Loan Program Account) shall be available for expenses of
exhibits.</text><text display-inline="no-display-inline">Notwithstanding any
other provision of law, no funds available to the Bureau of Indian Affairs for
central office oversight and Executive Direction and Administrative Services
(except executive direction and administrative services funding for Tribal
Priority Allocations, regional offices, and facilities operations and
maintenance) shall be available for contracts, grants, compacts, or cooperative
agreements with the Bureau of Indian Affairs under the provisions of the Indian
Self-Determination Act or the Tribal Self-Governance Act of 1994
(<external-xref legal-doc="public-law" parsable-cite="pl/103/413">Public Law
103–413</external-xref>).</text><text display-inline="no-display-inline">In the
event any federally recognized tribe returns appropriations made available by
this Act to the Bureau of Indian Affairs, this action shall not diminish the
Federal Government's trust responsibility to that tribe, or the
government-to-government relationship between the United States and that tribe,
or that tribe's ability to access future appropriations.</text><text display-inline="no-display-inline">Notwithstanding any other provision of law,
no funds available to the Bureau, other than the amounts provided herein for
assistance to public schools under
<external-xref legal-doc="usc" parsable-cite="usc/25/452">25 U.S.C. 452 et
seq.</external-xref>, shall be available to support the operation of any
elementary or secondary school in the State of Alaska.</text><text display-inline="no-display-inline">Appropriations made available in this or any
other Act for schools funded by the Bureau shall be available only to the
schools in the Bureau school system as of September 1, 1996. No funds available
to the Bureau shall be used to support expanded grades for any school or
dormitory beyond the grade structure in place or approved by the Secretary of
the Interior at each school in the Bureau school system as of October 1, 1995.
Funds made available under this Act may not be used to establish a charter
school at a Bureau-funded school (as that term is defined in section 1146 of
the Education Amendments of 1978 (<external-xref legal-doc="usc" parsable-cite="usc/25/2026">25 U.S.C. 2026</external-xref>)), except that a
charter school that is in existence on the date of the enactment of this Act
and that has operated at a Bureau-funded school before September 1, 1999, may
continue to operate during that period, but only if the charter school pays to
the Bureau a pro rata share of funds to reimburse the Bureau for the use of the
real and personal property (including buses and vans), the funds of the charter
school are kept separate and apart from Bureau funds, and the Bureau does not
assume any obligation for charter school programs of the State in which the
school is located if the charter school loses such funding. Employees of
Bureau-funded schools sharing a campus with a charter school and performing
functions related to the charter schools operation and employees of a charter
school shall not be treated as Federal employees for purposes of
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/28/171">chapter 171</external-xref> of title 28,
United States Code.</text><text display-inline="no-display-inline">Notwithstanding any other provision of law,
including section 113 of title I of appendix C of
<external-xref legal-doc="public-law" parsable-cite="pl/106/113">Public Law
106–113</external-xref>, if in fiscal year 2003 or 2004 a grantee received
indirect and administrative costs pursuant to a distribution formula based on
section 5(f) of
<external-xref legal-doc="public-law" parsable-cite="pl/101/301">Public Law
101–301</external-xref>, the Secretary shall continue to distribute indirect
and administrative cost funds to such grantee using the section 5(f)
distribution formula.</text>
</appropriations-small><appropriations-intermediate id="H90B9194F7AAB491192B27109C734E9D0"><header>Departmental
offices</header>
</appropriations-intermediate><appropriations-intermediate id="H694E2C7816614D4B87B1AA9F353EAFE8"><header>Office of the
secretary</header>
</appropriations-intermediate><appropriations-small id="HB1427B4EB78B402DB8E10FB0C96A9E54"><header>salaries and
expenses</header><text display-inline="no-display-inline">For necessary
expenses for management of the Department of the Interior,
$118,836,000; of which
$12,136,000 for consolidated appraisal services
is to be derived from the Land and Water Conservation Fund and shall remain
available until expended; of which not to exceed
$15,000 may be for official reception and
representation expenses; and of which up to
$1,000,000 shall be available for workers
compensation payments and unemployment compensation payments associated with
the orderly closure of the United States Bureau of Mines:
<italic>Provided</italic>, That for fiscal year 2010 up to
$400,000 of the payments authorized by the Act
of October 20, 1976, as amended (<external-xref legal-doc="usc" parsable-cite="usc/31/6901">31 U.S.C. 6901–6907</external-xref>) may be
retained for administrative expenses of the Payments in Lieu of Taxes Program:
<italic>Provided further</italic>, That no payment shall be made pursuant to
that Act to otherwise eligible units of local government if the computed amount
of the payment is less than
$100.</text>
</appropriations-small><appropriations-intermediate id="HDFBF6F96AC0343B794559F158FEB7326"><header>Insular
affairs</header>
</appropriations-intermediate><appropriations-small id="HE7540930174944FBA294CD0F027372A7"><header>Assistance to
territories</header>
</appropriations-small><appropriations-small id="H3699408E7F094F58B748C4A389AB9743"><text display-inline="no-display-inline">For expenses necessary for assistance to
territories under the jurisdiction of the Department of the Interior,
$83,995,000, of which: (1)
$74,715,000 shall remain available until
expended for technical assistance, including maintenance assistance, disaster
assistance, insular management controls, coral reef initiative activities, and
brown tree snake control and research; grants to the judiciary in American
Samoa for compensation and expenses, as authorized by law (<external-xref legal-doc="usc" parsable-cite="usc/48/1661">48 U.S.C. 1661(c)</external-xref>);
grants to the Government of American Samoa, in addition to current local
revenues, for construction and support of governmental functions; grants to the
Government of the Virgin Islands as authorized by law; grants to the Government
of Guam, as authorized by law; and grants to the Government of the Northern
Mariana Islands as authorized by law (<external-xref legal-doc="public-law" parsable-cite="pl/94/241">Public Law 94–241</external-xref>; 90 Stat. 272); and
(2) $9,280,000 shall be available until
September 30, 2011 for salaries and expenses of the Office of Insular Affairs:
<italic>Provided</italic>, That all financial transactions of the territorial
and local governments herein provided for, including such transactions of all
agencies or instrumentalities established or used by such governments, may be
audited by the Government Accountability Office, at its discretion, in
accordance with
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/31/35">chapter 35</external-xref> of title 31,
United States Code: <italic>Provided further</italic>, That Northern Mariana
Islands Covenant grant funding shall be provided according to those terms of
the Agreement of the Special Representatives on Future United States Financial
Assistance for the Northern Mariana Islands approved by
<external-xref legal-doc="public-law" parsable-cite="pl/104/134">Public Law
104–134</external-xref>: <italic>Provided further</italic>, That of the amounts
provided for technical assistance, sufficient funds shall be made available for
a grant to the Pacific Basin Development Council: <italic>Provided
further</italic>, That of the amounts provided for technical assistance,
sufficient funding shall be made available for a grant to the Close Up
Foundation: <italic>Provided further</italic>, That the funds for the program
of operations and maintenance improvement are appropriated to institutionalize
routine operations and maintenance improvement of capital infrastructure with
territorial participation and cost sharing to be determined by the Secretary
based on the grantee's commitment to timely maintenance of its capital assets:
<italic>Provided further</italic>, That any appropriation for disaster
assistance under this heading in this Act or previous appropriations Acts may
be used as non-Federal matching funds for the purpose of hazard mitigation
grants provided pursuant to section 404 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (<external-xref legal-doc="usc" parsable-cite="usc/42/5170c">42 U.S.C.
5170c</external-xref>).</text>
</appropriations-small><appropriations-small id="HB3114062A9234CDC90A533B8FBAA88D9"><header>Compact of free
association</header><text display-inline="no-display-inline">For grants and
necessary expenses, $5,318,000, to remain
available until expended, as provided for in sections 221(a)(2), 221(b), and
233 of the Compact of Free Association for the Republic of Palau; and section
221(a)(2) of the Compacts of Free Association for the Government of the
Republic of the Marshall Islands and the Federated States of Micronesia, as
authorized by <external-xref legal-doc="public-law" parsable-cite="pl/99/658">Public Law 99–658</external-xref> and
<external-xref legal-doc="public-law" parsable-cite="pl/108/188">Public Law
108–188</external-xref>.</text>
</appropriations-small><appropriations-intermediate id="HF167522C1F0A4ABC8D1C223048072BBD"><header>Administrative
Provisions</header>
</appropriations-intermediate><appropriations-small id="H91E01B37A0524D6EB96AAAB0F44EE870"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">At the request of the
Governor of Guam, the Secretary may transfer discretionary funds or mandatory
funds provided under section 104(e) of
<external-xref legal-doc="public-law" parsable-cite="pl/108/188">Public Law
108–188</external-xref> and
<external-xref legal-doc="public-law" parsable-cite="pl/104/134">Public Law
104–134</external-xref>, that are allocated for Guam, to the Secretary of
Agriculture for the subsidy cost of direct or guaranteed loans, plus not to
exceed three percent of the amount of the subsidy transferred for the cost of
loan administration, for the purposes authorized by the Rural Electrification
Act of 1936 and section 306(a)(1) of the Consolidated Farm and Rural
Development Act for construction and repair projects in Guam, and such funds
shall remain available until expended: <italic>Provided</italic>, That such
costs, including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: <italic>Provided
further</italic>, That such loans or loan guarantees may be made without regard
to the population of the area, credit elsewhere requirements, and restrictions
on the types of eligible entities under the Rural Electrification Act of 1936
and section 306(a)(1) of the Consolidated Farm and Rural Development Act:
<italic>Provided further</italic>, That any funds transferred to the Secretary
of Agriculture shall be in addition to funds otherwise made available to make
or guarantee loans under such authorities.</text>
</appropriations-small><appropriations-intermediate id="H53DEF8FD53E64694A96A036FE383944B"><header>Office of the
solicitor</header>
</appropriations-intermediate><appropriations-small id="H06B6F82D6B5D481EBC5908AAB85D4C69"><header>Salaries and
expenses</header><text display-inline="no-display-inline">For necessary
expenses of the Office of the Solicitor,
$65,076,000.</text>
</appropriations-small><appropriations-intermediate id="H5CD55197A95B4CFEB4697921ACCF55C1"><header>Office of inspector
general</header>
</appropriations-intermediate><appropriations-small id="H03637E4E4E37454DA02C0AC7ED959312"><header>Salaries and
expenses</header><text display-inline="no-display-inline">For necessary
expenses of the Office of Inspector General,
$48,590,000.</text>
</appropriations-small><appropriations-intermediate id="H5F9DBCF7BB0C4D5ABF6EE3332B014987"><header>Office of the special trustee
for american indians</header>
</appropriations-intermediate><appropriations-small id="H230338B0565649E88FCD4A135D4E1B3B"><header>Federal trust
programs</header>
</appropriations-small><appropriations-small id="H2C2834EC27A94ECF8DEF536B62632FA2"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For the operation of
trust programs for Indians by direct expenditure, contracts, cooperative
agreements, compacts, and grants, $185,984,000,
to remain available until expended, of which not to exceed
$56,536,000 from this or any other Act, shall be
available for historical accounting: <italic>Provided</italic>, That funds for
trust management improvements and litigation support may, as needed, be
transferred to or merged with the Bureau of Indian Affairs, <quote>Operation of
Indian Programs</quote> account; the Office of the Solicitor, <quote>Salaries
and Expenses</quote> account; and the Office of the Secretary, <quote>Salaries
and Expenses</quote> account: <italic>Provided further</italic>, That funds
made available through contracts or grants obligated during fiscal year 2010,
as authorized by the Indian Self-Determination Act of 1975 (<external-xref legal-doc="usc" parsable-cite="usc/25/450">25 U.S.C. 450 et
seq.</external-xref>), shall remain available until expended by the contractor
or grantee: <italic>Provided further</italic>, That, notwithstanding any other
provision of law, the statute of limitations shall not commence to run on any
claim, including any claim in litigation pending on the date of the enactment
of this Act, concerning losses to or mismanagement of trust funds, until the
affected tribe or individual Indian has been furnished with an accounting of
such funds from which the beneficiary can determine whether there has been a
loss: <italic>Provided further</italic>, That, notwithstanding any other
provision of law, the Secretary shall not be required to provide a quarterly
statement of performance for any Indian trust account that has not had activity
for at least 18 months and has a balance of
$15.00 or less: <italic>Provided
further</italic>, That the Secretary shall issue an annual account statement
and maintain a record of any such accounts and shall permit the balance in each
such account to be withdrawn upon the express written request of the account
holder: <italic>Provided further</italic>, That not to exceed
$50,000 is available for the Secretary to make
payments to correct administrative errors of either disbursements from or
deposits to Individual Indian Money or Tribal accounts after September 30,
2002: <italic>Provided further</italic>, That erroneous payments that are
recovered shall be credited to and remain available in this account for this
purpose.</text>
</appropriations-small><appropriations-intermediate id="H724A5D11F9D2439AA26B79F2986B5582"><header>Department-Wide
programs</header>
</appropriations-intermediate><appropriations-small id="HC38CB52FE88E4C1EA1A8CCF8A66E3ED0"><header>Wildland fire
management</header>
</appropriations-small><appropriations-small id="HEBCE97094B5245FB8FFFC5FEE5EAE8E4"><header>(including transfers of
funds)</header><text display-inline="no-display-inline">For necessary expenses
for fire preparedness, suppression operations, fire science and research,
emergency rehabilitation, hazardous fuels reduction, and rural fire assistance
by the Department of the Interior, $932,780,000,
to remain available until expended, of which not to exceed
$6,137,000 shall be for the renovation or
construction of fire facilities: <italic>Provided</italic>, That such funds are
also available for repayment of advances to other appropriation accounts from
which funds were previously transferred for such purposes: <italic>Provided
further</italic>, That persons hired pursuant to 43 U.S.C. 1469 may be
furnished subsistence and lodging without cost from funds available from this
appropriation: <italic>Provided further</italic>, That notwithstanding
<external-xref legal-doc="usc" parsable-cite="usc/42/1856d">42 U.S.C.
1856d</external-xref>, sums received by a bureau or office of the Department of
the Interior for fire protection rendered pursuant to
<external-xref legal-doc="usc" parsable-cite="usc/42/1856">42 U.S.C. 1856 et
seq.</external-xref>, protection of United States property, may be credited to
the appropriation from which funds were expended to provide that protection,
and are available without fiscal year limitation: <italic>Provided
further</italic>, That using the amounts designated under this title of this
Act, the Secretary of the Interior may enter into procurement contracts,
grants, or cooperative agreements, for hazardous fuels reduction activities,
and for training and monitoring associated with such hazardous fuels reduction
activities, on Federal land, or on adjacent non-Federal land for activities
that benefit resources on Federal land: <italic>Provided further</italic>, That
the costs of implementing any cooperative agreement between the Federal
Government and any non-Federal entity may be shared, as mutually agreed on by
the affected parties: <italic>Provided further</italic>, That notwithstanding
requirements of the Competition in Contracting Act, the Secretary, for purposes
of hazardous fuels reduction activities, may obtain maximum practicable
competition among: (1) local private, nonprofit, or cooperative entities; (2)
Youth Conservation Corps crews, Public Lands Corps (<external-xref legal-doc="public-law" parsable-cite="pl/109/154">Public Law
109–154</external-xref>), or related partnerships with State, local, or
non-profit youth groups; (3) small or micro-businesses; or (4) other entities
that will hire or train locally a significant percentage, defined as 50 percent
or more, of the project workforce to complete such contracts: <italic>Provided
further</italic>, That in implementing this section, the Secretary shall
develop written guidance to field units to ensure accountability and consistent
application of the authorities provided herein: <italic>Provided
further</italic>, That funds appropriated under this head may be used to
reimburse the United States Fish and Wildlife Service and the National Marine
Fisheries Service for the costs of carrying out their responsibilities under
the Endangered Species Act of 1973 (<external-xref legal-doc="usc" parsable-cite="usc/16/1531">16 U.S.C. 1531 et seq.</external-xref>) to consult
and conference, as required by section 7 of such Act, in connection with
wildland fire management activities: <italic>Provided further</italic>, That
the Secretary of the Interior may use wildland fire appropriations to enter
into non-competitive sole source leases of real property with local
governments, at or below fair market value, to construct capitalized
improvements for fire facilities on such leased properties, including but not
limited to fire guard stations, retardant stations, and other initial attack
and fire support facilities, and to make advance payments for any such lease or
for construction activity associated with the lease: <italic>Provided
further</italic>, That the Secretary of the Interior and the Secretary of
Agriculture may authorize the transfer of funds appropriated for wildland fire
management, in an aggregate amount not to exceed
$50,000,000, between the Departments when such
transfers would facilitate and expedite jointly funded wildland fire management
programs and projects.</text>
</appropriations-small><appropriations-intermediate id="HD725A3FE108849EDB7726F416310C3D9"><header>Wildland Fire Suppression
Contingency Reserve Fund</header>
</appropriations-intermediate><appropriations-small id="HD7891300075D4941A16DBE1688E9533F"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For necessary expenses
for transfer to <quote>Wildland Fire Management</quote> for fire suppression
operations of the Department of the Interior,
$75,000,000, to remain available until expended:
<italic>Provided</italic>, That amounts in this paragraph may be transferred
and expended only if all funds appropriated for fire suppression operations
under the heading <quote>Wildland Fire Management</quote> shall be fully
obligated within 30 days: <italic>Provided further</italic>, That amounts are
available only to the extent the President has issued a finding that the
amounts are necessary for emergency fire suppression
operations.</text>
</appropriations-small><appropriations-small id="HE09038945A474B71A5AD478E1580ABC1"><header>Central hazardous materials
fund</header><text display-inline="no-display-inline">For necessary expenses of
the Department of the Interior and any of its component offices and bureaus for
response action, including associated activities, performed pursuant to the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980,
as amended (<external-xref legal-doc="usc" parsable-cite="usc/42/9601">42
U.S.C. 9601 et seq.</external-xref>),
$10,175,000, to remain available until expended:
<italic>Provided</italic>, That
<external-xref legal-doc="public-law" parsable-cite="pl/110/161">Public Law
110–161</external-xref> (121 Stat. 2116) under the heading <quote>Central
Hazardous Materials Fund</quote> is amended by striking <quote>in advance of or
as reimbursement for remedial action or response activities conducted by the
Department pursuant to section 107 or 113(f) of such Act</quote> and inserting
in lieu thereof <quote>including any fines or
penalties</quote>.</text>
</appropriations-small><appropriations-small id="H2EC7C5FAEF4749419296889D70F2DBBB"><header>Natural resource damage
assessment and restoration</header>
</appropriations-small><appropriations-small id="H298B9766F7FF400BA989F942A471FBCC"><header>Natural resource damage
assessment fund</header><text display-inline="no-display-inline">To conduct
natural resource damage assessment and restoration activities by the Department
of the Interior necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act, as amended
(<external-xref legal-doc="usc" parsable-cite="usc/42/9601">42 U.S.C. 9601 et
seq.</external-xref>), the Federal Water Pollution Control Act, as amended
(<external-xref legal-doc="usc" parsable-cite="usc/33/1251">33 U.S.C. 1251 et
seq.</external-xref>), the Oil Pollution Act of 1990 (<external-xref legal-doc="usc" parsable-cite="usc/33/2701">33 U.S.C. 2701 et
seq.</external-xref>), and
<external-xref legal-doc="public-law" parsable-cite="pl/101/337">Public Law
101–337</external-xref>, as amended (<external-xref legal-doc="usc" parsable-cite="usc/16/19jj">16 U.S.C. 19jj et seq.</external-xref>),
$6,462,000, to remain available until
expended.</text>
</appropriations-small><appropriations-small id="HA67910681BFE4F47B0C308CCD5C498AF"><header>Working capital
fund</header><text display-inline="no-display-inline">For the acquisition of a
departmental financial and business management system and information
technology improvements of general benefit to the Department,
$85,823,000 (reduced by
$10,000,000), to remain available until
expended: <italic>Provided</italic>, That none of the funds in this Act or
previous appropriations Acts may be used to establish reserves in the Working
Capital Fund account other than for accrued annual leave and depreciation of
equipment without prior approval of the House and Senate Committees on
Appropriations: <italic>Provided further</italic>, That the Secretary may
assess reasonable charges to State, local, and tribal government employees for
training services provided by the National Indian Program Training Center,
other than training related to
<external-xref legal-doc="public-law" parsable-cite="pl/93/638">Public Law
93–638</external-xref>: <italic>Provided further</italic>, That the Secretary
may lease or otherwise provide space and related facilities, equipment or
professional services of the National Indian Program Training Center to State,
local, and tribal government employees or persons or organizations engaged in
cultural, educational, or recreational activities (as defined in
<external-xref legal-doc="usc" parsable-cite="usc/40/3306">40 U.S.C.
3306(a)</external-xref>) at the prevailing rate for similar space, facilities,
equipment, or services in the vicinity of the National Indian Program Training
Center: <italic>Provided further</italic>, That all funds received pursuant to
the two preceding provisos shall be credited to this account, shall be
available until expended, and shall be used by the Secretary for necessary
expenses of the National Indian Program Training
Center.</text>
</appropriations-small><appropriations-small id="H31A045BB9F9E4394985475214F6FB440"><header>Administrative
provisions</header><text display-inline="no-display-inline">There is hereby
authorized for acquisition from available resources within the Working Capital
Fund, 15 aircraft, 10 of which shall be for replacement and which may be
obtained by donation, purchase or through available excess surplus property:
<italic>Provided</italic>, That existing aircraft being replaced may be sold,
with proceeds derived or trade-in value used to offset the purchase price for
the replacement aircraft.</text>
</appropriations-small><appropriations-intermediate id="H0A431B86BD064FE69BE5E4F02C7DD397"><header>General provisions, department
of the interior</header>
</appropriations-intermediate><appropriations-small id="H96F9F806C3004576A722837D28BD7D7B"><header>(including transfers of
funds)</header>
</appropriations-small><section id="ID3D2A8336DE924E9698E7AD55A07345DA"><enum>101.</enum><text>Appropriations
made in this title shall be available for expenditure or transfer (within each
bureau or office), with the approval of the Secretary, for the emergency
reconstruction, replacement, or repair of aircraft, buildings, utilities, or
other facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: <italic>Provided</italic>, That no funds shall be
made available under this authority until funds specifically made available to
the Department of the Interior for emergencies shall have been exhausted:
<italic>Provided further</italic>, That all funds used pursuant to this section
must be replenished by a supplemental appropriation which must be requested as
promptly as possible.</text>
</section><section id="ID09833B0F5BC44017AF1E45F8A3A16FCF"><enum>102.</enum><text>The Secretary may
authorize the expenditure or transfer of any no year appropriation in this
title, in addition to the amounts included in the budget programs of the
several agencies, for the suppression or emergency prevention of wildland fires
on or threatening lands under the jurisdiction of the Department of the
Interior; for the emergency rehabilitation of burned-over lands under its
jurisdiction; for emergency actions related to potential or actual earthquakes,
floods, volcanoes, storms, or other unavoidable causes; for contingency
planning subsequent to actual oil spills; for response and natural resource
damage assessment activities related to actual oil spills; for the prevention,
suppression, and control of actual or potential grasshopper and Mormon cricket
outbreaks on lands under the jurisdiction of the Secretary, pursuant to the
authority in section 1773(b) of
<external-xref legal-doc="public-law" parsable-cite="pl/99/198">Public Law
99–198</external-xref> (99 Stat. 1658); for emergency reclamation projects
under section 410 of
<external-xref legal-doc="public-law" parsable-cite="pl/95/87">Public Law
95–87</external-xref>; and shall transfer, from any no year funds available to
the Office of Surface Mining Reclamation and Enforcement, such funds as may be
necessary to permit assumption of regulatory authority in the event a primacy
State is not carrying out the regulatory provisions of the Surface Mining Act:
<italic>Provided</italic>, That appropriations made in this title for wildland
fire operations and shall be available for the payment of obligations incurred
during the preceding fiscal year, and for reimbursement to other Federal
agencies for destruction of vehicles, aircraft, or other equipment in
connection with their use for wildland fire operations, such reimbursement to
be credited to appropriations currently available at the time of receipt
thereof: <italic>Provided further</italic>, That for wildland fire operations,
no funds shall be made available under this authority until the Secretary
determines that funds appropriated for <quote>wildland fire operations</quote>
and <quote>Wildland Fire Suppression Contingency Reserve Fund</quote> shall be
exhausted within 30 days: <italic>Provided further</italic>, That all funds
used pursuant to this section must be replenished by a supplemental
appropriation which must be requested as promptly as possible: <italic>Provided
further</italic>, That such replenishment funds shall be used to reimburse, on
a pro rata basis, accounts from which emergency funds were transferred.</text>
</section><section id="ID873E31024453420CAE404E8149B703A5"><enum>103.</enum><text>Appropriations
made to the Department of the Interior in this title shall be available for
services as authorized by
<external-xref legal-doc="usc" parsable-cite="usc/5/3109">5 U.S.C.
3109</external-xref>, when authorized by the Secretary, in total amount not to
exceed $500,000; purchase and replacement of
motor vehicles, including specially equipped law enforcement vehicles; hire,
maintenance, and operation of aircraft; hire of passenger motor vehicles;
purchase of reprints; payment for telephone service in private residences in
the field, when authorized under regulations approved by the Secretary; and the
payment of dues, when authorized by the Secretary, for library membership in
societies or associations which issue publications to members only or at a
price to members lower than to subscribers who are not members.</text>
</section><section id="ID189BB0727DBA49E4A742CA6E8A269AD3"><enum>104.</enum><text>Appropriations
made in this Act under the headings Bureau of Indian Affairs and Office of the
Special Trustee for American Indians and any unobligated balances from prior
appropriations Acts made under the same headings shall be available for
expenditure or transfer for Indian trust management and reform activities.
Total funding for historical accounting activities shall not exceed amounts
specifically designated in this Act for such purpose.</text>
</section><section id="ID3A879B3F0FB743D88E879C3E56521CAC"><enum>105.</enum><text>Notwithstanding
any other provision of law, the Secretary of the Interior is authorized to
redistribute any Tribal Priority Allocation funds, including tribal base funds,
to alleviate tribal funding inequities by transferring funds to address
identified, unmet needs, dual enrollment, overlapping service areas or
inaccurate distribution methodologies. No federally recognized tribe shall
receive a reduction in Tribal Priority Allocation funds of more than 10 percent
in fiscal year 2010. Under circumstances of dual enrollment, overlapping
service areas or inaccurate distribution methodologies, the 10 percent
limitation does not apply.</text>
</section><section id="IDDBC1874716464F5FA6F4395E90F18B59"><enum>106.</enum><text>Notwithstanding
any other provision of law, in conveying the Twin Cities Research Center under
the authority provided by
<external-xref legal-doc="public-law" parsable-cite="pl/104/134">Public Law
104–134</external-xref>, as amended by
<external-xref legal-doc="public-law" parsable-cite="pl/104/208">Public Law
104–208</external-xref>, the Secretary may accept and retain land and other
forms of reimbursement: <italic>Provided</italic>, That the Secretary may
retain and use any such reimbursement until expended and without further
appropriation: (1) for the benefit of the National Wildlife Refuge System
within the State of Minnesota; and (2) for all activities authorized by 16
U.S.C. 460zz.</text>
</section><section id="ID8FC4F59EFF4A4CA69EBFEADA3C4F3E38"><enum>107.</enum><text>The Secretary of
the Interior may use discretionary funds to pay private attorney fees and costs
for employees and former employees of the Department of the Interior reasonably
incurred in connection with Cobell v. Salazar to the extent that such fees and
costs are not paid by the Department of Justice or by private insurance. In no
case shall the Secretary make payments under this section that would result in
payment of hourly fees in excess of the highest hourly rate approved by the
District Court for the District of Columbia for counsel in Cobell v.
Salazar.</text>
</section><section id="ID2DD267D20D474E389ED25917B12DD3C6"><enum>108.</enum><text>The United States
Fish and Wildlife Service shall, in carrying out its responsibilities to
protect threatened and endangered species of salmon, implement a system of mass
marking of salmonid stocks, intended for harvest, that are released from
federally operated or federally financed hatcheries including but not limited
to fish releases of coho, chinook, and steelhead species. Marked fish must have
a visible mark that can be readily identified by commercial and recreational
fishers.</text>
</section><section id="ID2C812EB33F994C35B6DE91A3B9C138A9"><enum>109.</enum><text>Notwithstanding
any other provision of law, the Secretary of the Interior is authorized to
acquire lands, waters, or interests therein including the use of all or part of
any pier, dock, or landing within the State of New York and the State of New
Jersey, for the purpose of operating and maintaining facilities in the support
of transportation and accommodation of visitors to Ellis, Governors, and
Liberty Islands, and of other program and administrative activities, by
donation or with appropriated funds, including franchise fees (and other
monetary consideration), or by exchange; and the Secretary is authorized to
negotiate and enter into leases, subleases, concession contracts or other
agreements for the use of such facilities on such terms and conditions as the
Secretary may determine reasonable.</text>
</section><section id="H5BEDDBCDB7AD4D8F96D2B217D9A08BF0"><enum>110.</enum><text>Title
<external-xref legal-doc="usc" parsable-cite="usc/43/1473">43 U.S.C.
1473</external-xref>, as amended by
<external-xref legal-doc="public-law" parsable-cite="pl/111/8">Public Law
111–8</external-xref>, is further amended by striking <quote>in fiscal years
2008 and 2009 only</quote> and inserting <quote>in fiscal years 2010 through
2013</quote>.</text>
</section><section id="H25C0B181258F4D0AA186FC9ED2B1CF72"><enum>111.</enum><text>The Secretary of
the Interior may enter into cooperative agreements with a State or political
subdivision (including any agency thereof), or any not-for-profit organization
if the agreement will: (1) serve a mutual interest of the parties to the
agreement in carrying out the programs administered by the Department of the
Interior; and (2) all parties will contribute resources to the accomplishment
of these objectives. At the discretion of the Secretary, such agreements shall
not be subject to a competitive process.</text>
</section><section id="HFC2A13E31FC746A68CB5E7D0C480A692"><enum>112.</enum><text>Funds provided in
this Act for Federal land acquisition by the National Park Service for Ice Age
National Scenic Trail may be used for a grant to a State, a local government,
or any other land management entity for the acquisition of lands without regard
to any restriction on the use of Federal land acquisition funds provided
through the Land and Water Conservation Fund Act of 1965 as amended.</text>
</section><section id="H0771A77D0A6646A9820132165B6344F8"><enum>113.</enum><text>Notwithstanding
any other provision of law, for fiscal year 2010 and each fiscal year
thereafter, sections 109 and 110 of the Federal Oil and Gas Royalty Management
Act (30 U.S.C. 1719 and 1720) shall apply to any lease authorizing exploration
for or development of coal, any other solid mineral, or any geothermal resource
on any Federal or Indian lands and any lease, easement, right of way, or other
agreement, regardless of form, for use of the Outer Continental Shelf or any of
its resources under section 8(k) or 8(p) of the Outer Continental Shelf Lands
Act (<external-xref legal-doc="usc" parsable-cite="usc/43/1337">43 U.S.C.
1337(k)</external-xref> and 1337(p)) to the same extent as if such lease,
easement, right of way, or other agreement, regardless of form, were an oil and
gas lease, except that in such cases the term <quote>royalty payment</quote>
shall include any payment required by such lease, easement, right of way or
other agreement, regardless of form, or by applicable regulation.</text>
</section><section id="HB7DB14A77FAE4A04B904EA98102756D2" section-type="subsequent-section"><enum>114.</enum><subsection commented="no" display-inline="yes-display-inline" id="H2811A6AEB5CD44C5BAAFEC8744D75725"><enum>(a)</enum><text>In fiscal year 2010, the
Minerals Management Service (MMS) shall collect a non-refundable inspection
fee, which shall be deposited in the <quote>Royalty and Offshore Minerals
Management</quote> account, from the designated operator for facilities subject
to inspection by MMS under
<external-xref legal-doc="usc" parsable-cite="usc/43/1348">43 U.S.C.
1348(c)</external-xref> that are above the waterline, except mobile offshore
drilling units, and are in place at the start of fiscal year 2010.</text>
</subsection><subsection changed="deleted" id="HA177E4E909E6483BB1096E41D86FDFC3" reported-display-style="strikethrough"><enum>(b)</enum><text>Fees for 2010
shall be—</text>
<paragraph id="H88E01C4B61AA436E99E140A7CDE87312"><enum>(1)</enum><text>$2,000
for facilities with no wells, but with processing equipment or gathering
lines;</text>
</paragraph><paragraph id="HBDC0205A14714E76A68AA58200CC61CC"><enum>(2)</enum><text>$3,250
for facilities with one to ten wells, with any combination of active or
inactive wells; and</text>
</paragraph><paragraph id="HC9BE586121C946E0805DEE4264D479D7"><enum>(3)</enum><text>$6,000
for facilities with more than ten wells, with any combination of active or
inactive wells.</text>
</paragraph></subsection><subsection changed="deleted" id="HC072E97A81164D4D81F71F482A107B3B" reported-display-style="strikethrough"><enum>(c)</enum><text>MMS will bill
designated operators within 60 days of enactment of this bill, with payment
required within 30 days of billing.</text>
</subsection></section><section id="HCF3157B6F80B4748B79083C82649C4C0"><enum>115.</enum><text display-inline="yes-display-inline">Section 4 of
<external-xref legal-doc="public-law" parsable-cite="pl/89/565">Public Law
89–565</external-xref>, as amended (<external-xref legal-doc="usc" parsable-cite="usc/16/282c">16 U.S.C. 282c</external-xref>), relating to San
Juan Island National Historic Park, is amended by striking
<quote>$5,575,000</quote> and inserting
<quote>$13,575,000</quote>.</text>
</section><section id="H389E0E9243FA41D29A0C54415E64F6D4"><enum>116.</enum><text display-inline="yes-display-inline">Section 1(c)(2) of
<external-xref legal-doc="public-law" parsable-cite="pl/109/441">Public Law
109–441</external-xref> is amended by adding after subparagraph (D) the
following new subparagraphs:</text>
<quoted-block changed="deleted" display-inline="no-display-inline" id="HADFC4236CCE8425D90999F58BBF68476" reported-display-style="strikethrough" style="OLC">
<subparagraph id="HC119E35205C349FD831CF1B5977DA7D5"><enum>(E)</enum><text display-inline="yes-display-inline">Minidoka, depicted in a map entitled
‘Minidoka National Historic Site and Environs - Draft Document’, dated May 27,
2009. The Secretary is authorized to accept a donation of land or interest in
land acquired with funds provided under this section, as an addition to the
Minidoka National Historic Site and administered in accordance with section
313(c)(5) of <external-xref legal-doc="public-law" parsable-cite="pl/110/229">Public Law 110–229</external-xref>.</text>
</subparagraph><subparagraph id="H44089F20865448E5B86CB7B3758AAA93"><enum>(F)</enum><text display-inline="yes-display-inline">Heart Mountain, depicted in Figure 6.3 of
the Site
Document.</text>
</subparagraph><after-quoted-block>.</after-quoted-block></quoted-block>
</section><enum>II</enum><header>Environmental
protection agency</header>
<appropriations-intermediate id="IDF1FC8500CCA44AF2982B212A9B18C51E"><header>Science and
technology</header><text display-inline="no-display-inline">For science and
technology, including research and development activities, which shall include
research and development activities under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended; necessary
expenses for personnel and related costs and travel expenses; procurement of
laboratory equipment and supplies; and other operating expenses in support of
research and development, $849,649,000, to
remain available until September 30, 2011.</text>
</appropriations-intermediate><appropriations-intermediate id="H2A899318482648AA94E80165D1F21710"><header>Environmental programs and
management</header><text display-inline="no-display-inline">For environmental
programs and management, including necessary expenses, not otherwise provided
for, for personnel and related costs and travel expenses; hire of passenger
motor vehicles; hire, maintenance, and operation of aircraft; purchase of
reprints; library memberships in societies or associations which issue
publications to members only or at a price to members lower than to subscribers
who are not members; administrative costs of the brownfields program under the
Small Business Liability Relief and Brownfields Revitalization Act of 2002; and
not to exceed $9,000 for official reception and
representation expenses, $3,022,054,000, to
remain available until September 30, 2011: <italic>Provided</italic>, That of
the funds included under this heading, not less than
$628,941,000 shall be for the Geographic
Programs specified in the explanatory statement accompanying this
Act.</text>
</appropriations-intermediate><appropriations-intermediate id="HD324E09B3FC74CFC82989C058CBF410F"><header>Office of inspector
general</header><text display-inline="no-display-inline">For necessary expenses
of the Office of Inspector General in carrying out the provisions of the
Inspector General Act of 1978, as amended,
$44,791,000, to remain available until September
30, 2011.</text>
</appropriations-intermediate><appropriations-intermediate id="HB5B2FE7202B34A89AB76B4F729E86F59"><header>Buildings and
facilities</header><text display-inline="no-display-inline">For construction,
repair, improvement, extension, alteration, and purchase of fixed equipment or
facilities of, or for use by, the Environmental Protection Agency,
$35,001,000 (reduced by
$2,000,000), to remain available until
expended.</text>
</appropriations-intermediate><appropriations-intermediate id="H2E1FDD4588CB47BBBD2049D3988527B1"><header>Hazardous substance
superfund</header>
</appropriations-intermediate><appropriations-small id="H80DAB0FC7133434BB965F75E2DD0AB81"><header>(including transfers of
funds)</header><text display-inline="no-display-inline">For necessary expenses
to carry out the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), as amended, including sections 111(c)(3),
(c)(5), (c)(6), and (e)(4) (<external-xref legal-doc="usc" parsable-cite="usc/42/9611">42 U.S.C. 9611</external-xref>)
$1,306,541,000, to remain available until
expended, consisting of such sums as are available in the Trust Fund on
September 30, 2009, as authorized by section 517(a) of the Superfund Amendments
and Reauthorization Act of 1986 (SARA) and up to
$1,306,541,000 as a payment from general
revenues to the Hazardous Substance Superfund for purposes as authorized by
section 517(b) of SARA, as amended: <italic>Provided</italic>, That funds
appropriated under this heading may be allocated to other Federal agencies in
accordance with section 111(a) of CERCLA: <italic>Provided further</italic>,
That of the funds appropriated under this heading,
$9,975,000 shall be paid to the <quote>Office of
Inspector General</quote> appropriation to remain available until September 30,
2011, and $26,834,000 shall be paid to the
<quote>Science and Technology</quote> appropriation to remain available until
September 30, 2011.</text>
</appropriations-small><appropriations-intermediate id="H8F61A74335794B8F903B14576DEE5699"><header>Leaking underground storage tank
trust fund program</header><text display-inline="no-display-inline">For
necessary expenses to carry out leaking underground storage tank cleanup
activities authorized by subtitle I of the Solid Waste Disposal Act, as
amended, $113,101,000, to remain available until
expended, of which $78,671,000 shall be for
carrying out leaking underground storage tank cleanup activities authorized by
section 9003(h) of the Solid Waste Disposal Act, as amended;
$34,430,000 shall be for carrying out the other
provisions of the Solid Waste Disposal Act specified in section 9508(c) of the
Internal Revenue Code, as amended: <italic>Provided</italic>, That the
Administrator is authorized to use appropriations made available under this
heading to implement section 9013 of the Solid Waste Disposal Act to provide
financial assistance to federally recognized Indian tribes for the development
and implementation of programs to manage underground storage
tanks.</text>
</appropriations-intermediate><appropriations-intermediate id="HB36F00A2860A4EA2A7B792F33F07F7A5"><header>Oil spill response</header><text display-inline="no-display-inline">For expenses necessary to carry out the
Environmental Protection Agency's responsibilities under the Oil Pollution Act
of 1990, $18,379,000, to be derived from the Oil
Spill Liability trust fund, to remain available until
expended.</text>
</appropriations-intermediate><appropriations-intermediate id="HE029F463CEF84ACA973A55C899B296F0"><header>State and tribal assistance
grants</header><text display-inline="no-display-inline">For environmental
programs and infrastructure assistance, including capitalization grants for
State revolving funds and performance partnership grants,
$5,215,446,000, to remain available until
expended, of which $2,307,000,000 shall be for
making capitalization grants for the Clean Water State Revolving Funds under
title VI of the Federal Water Pollution Control Act, as amended (the
<quote>Act</quote>); of which $1,443,000,000
shall be for making capitalization grants for the Drinking Water State
Revolving Funds under section 1452 of the Safe Drinking Water Act, as amended:
<italic>Provided</italic>, That $20,000,000
shall be for architectural, engineering, planning, design, construction and
related activities in connection with the construction of high priority water
and wastewater facilities in the area of the United States-Mexico border, after
consultation with the appropriate border commission;
$10,000,000 shall be for grants to the State of
Alaska to address drinking water and wastewater infrastructure needs of rural
and Alaska Native Villages: <italic>Provided</italic><italic>further</italic>,
That, of these funds: (1) the State of Alaska shall provide a match of 25
percent; and (2) no more than 5 percent of the funds may be used for
administrative and overhead expenses;
$160,000,000 shall be for making special project
grants for the construction of drinking water, wastewater and storm water
infrastructure and for water quality protection in accordance with the terms
and conditions specified for such grants in the explanatory statement
accompanying this Act, and, for purposes of these grants, each grantee shall
contribute not less than 45 percent of the cost of the project unless the
grantee is approved for a waiver by the Agency;
$100,000,000 shall be to carry out section
104(k) of the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (CERCLA), as amended, including grants, interagency agreements, and
associated program support costs; $60,000,000
shall be for grants under title VII, subtitle G of the Energy Policy Act of
2005, as amended; and $1,115,446,000 shall be
for grants, including associated program support costs, to States, federally
recognized tribes, interstate agencies, tribal consortia, and air pollution
control agencies for multi-media or single media pollution prevention, control
and abatement and related activities, including activities pursuant to the
provisions set forth under this heading in
<external-xref legal-doc="public-law" parsable-cite="pl/104/134">Public Law
104–134</external-xref>, and for making grants under section 103 of the Clean
Air Act for particulate matter monitoring and data collection activities
subject to terms and conditions specified by the Administrator, of which
$49,495,000 shall be for carrying out section
128 of CERCLA, as amended, $10,000,000 shall be
for Environmental Information Exchange Network grants, including associated
program support costs, $18,500,000 of the funds
available for grants under section 106 of the Act shall be for water quality
monitoring activities, $10,000,000 shall be for
competitive grants to communities to develop plans and demonstrate and
implement projects which reduce greenhouse gas emissions, and, in addition to
funds appropriated under the heading <quote>Leaking Underground Storage Tank
Trust Fund Program</quote> to carry out the provisions of the Solid Waste
Disposal Act specified in section 9508(c) of the Internal Revenue Code other
than section 9003(h) of the Solid Waste Disposal Act, as amended,
$2,500,000 shall be for grants to States under
section 2007(f)(2) of the Solid Waste Disposal Act, as amended:
<italic>Provided further</italic>, That notwithstanding section 603(d)(7) of
the Federal Water Pollution Control Act, the limitation on the amounts in a
State water pollution control revolving fund that may be used by a State to
administer the fund shall not apply to amounts included as principal in loans
made by such fund in fiscal year 2010 and prior years where such amounts
represent costs of administering the fund to the extent that such amounts are
or were deemed reasonable by the Administrator, accounted for separately from
other assets in the fund, and used for eligible purposes of the fund, including
administration: <italic>Provided further</italic>, That for fiscal year 2010,
and notwithstanding section 518(f) of the Act, the Administrator is authorized
to use the amounts appropriated for any fiscal year under section 319 of that
Act to make grants to federally recognized Indian tribes pursuant to sections
319(h) and 518(e) of that Act: <italic>Provided further</italic>, That for
fiscal year 2010, notwithstanding the limitation on amounts in section 518(c)
of the Federal Water Pollution Control Act and section 1452(i) of the Safe
Drinking Water Act, up to a total of 2 percent of the funds appropriated for
State Revolving Funds under such Acts may be reserved by the Administrator for
grants under section 518(c) and section 1452(i) of such Acts: <italic>Provided
further</italic>, That for fiscal year 2010, in addition to the amounts
specified in section 205(c) of the Federal Water Pollution Control Act, up to
1.2486 percent of the funds appropriated for the Clean Water State Revolving
Fund program under the Act may be reserved by the Administrator for grants made
under title II of the Clean Water Act for American Samoa, Guam, the
Commonwealth of the Northern Marianas, and United States Virgin Islands:
<italic>Provided further</italic>, That for fiscal year 2010, notwithstanding
the limitations on amounts specified in section 1452(j) of the Safe Drinking
Water Act, up to 1.5 percent of the funds appropriated for the Drinking Water
State Revolving Fund programs under the Safe Drinking Water Act may be reserved
by the Administrator for grants made under section 1452(j) of the Safe Drinking
Water Act: <italic>Provided further</italic>, That no funds provided by this
appropriations Act to address the water, wastewater and other critical
infrastructure needs of the colonias in the United States along the United
States-Mexico border shall be made available to a county or municipal
government unless that government has established an enforceable local
ordinance, or other zoning rule, which prevents in that jurisdiction the
development or construction of any additional colonia areas, or the development
within an existing colonia the construction of any new home, business, or other
structure which lacks water, wastewater, or other necessary
infrastructure.</text>
</appropriations-intermediate><appropriations-intermediate id="HD40368670F2746F599A8DF66775A41AC"><header>Administrative provisions,
environmental protection agency</header>
</appropriations-intermediate><appropriations-small id="HF21CCD23CFCC4D1F94D0EDF7ED2B2E2B"><header>(including transfer and
rescission of funds)</header><text display-inline="no-display-inline">For
fiscal year 2010, notwithstanding
<external-xref legal-doc="usc" parsable-cite="usc/31/6303">31 U.S.C.
6303(1)</external-xref> and 6305(1), the Administrator of the Environmental
Protection Agency, in carrying out the Agency's function to implement directly
Federal environmental programs required or authorized by law in the absence of
an acceptable tribal program, may award cooperative agreements to federally
recognized Indian tribes or Intertribal consortia, if authorized by their
member tribes, to assist the Administrator in implementing Federal
environmental programs for Indian tribes required or authorized by law, except
that no such cooperative agreements may be awarded from funds designated for
State financial assistance agreements.</text><text display-inline="no-display-inline">The Administrator of the Environmental
Protection Agency is authorized to collect and obligate pesticide registration
service fees in accordance with section 33 of the Federal Insecticide,
Fungicide, and Rodenticide Act, as amended by
<external-xref legal-doc="public-law" parsable-cite="pl/110/94">Public Law
110–94</external-xref>, the Pesticide Registration Improvement Renewal
Act.</text><text display-inline="no-display-inline">Title II of
<external-xref legal-doc="public-law" parsable-cite="pl/109/54">Public Law
109–54</external-xref>, as amended by title II of division E of
<external-xref legal-doc="public-law" parsable-cite="pl/111/8">Public Law
111–8</external-xref> (123 Stat.729), is amended in the fourth paragraph under
the heading <quote>Administrative Provisions</quote> by striking
<quote>2011</quote> and inserting <quote>2015</quote>.</text><text display-inline="no-display-inline">From unobligated balances to carry out
projects and activities funded through the <quote>State and Tribal Assistance
Grants</quote> account, $142,000,000 are hereby
permanently rescinded: <italic>Provided</italic>, That no amounts may be
cancelled from amounts that were designated by the Congress as an emergency
requirement pursuant to the Concurrent Resolution on the Budget or the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.</text><text display-inline="no-display-inline">The Administrator is authorized to transfer
up to $475,000,000 from the <quote>Environmental
Programs and Management</quote> account to the head of any other Federal
department or agency (including but not limited to the Departments of
Agriculture, Army, Commerce, Health and Human Services, Homeland Security, the
Interior, State, and Transportation), with the concurrence of such head, to
carry out activities that would support the Great Lakes Restoration Initiative
and Great Lakes Water Quality Agreement programs, projects, or activities; to
enter into an interagency agreement with the head of such Federal department or
agency to carry out these activities; and to make grants to governmental
entities, nonprofit organizations, institutions, and individuals for planning,
research, monitoring, outreach, and implementation in furtherance of the Great
Lakes Restoration Initiative and the Great Lakes Water Quality
Agreement.</text><text display-inline="no-display-inline">Not less than 30
percent of the funds made available under this title to each State for Clean
Water State Revolving Fund capitalization grants and not less than 30 percent
of the funds made available under this title to each State for Drinking Water
State Revolving Fund capitalization grants shall be used by the State to
provide additional subsidy to eligible recipients in the form of forgiveness of
principal, negative interest loans, or grants (or any combination of these),
except that for the Clean Water State Revolving Fund capitalization grant
appropriation this section shall only apply to the portion that exceeds
$1,000,000,000.</text><text display-inline="no-display-inline">To the extent there are sufficient eligible
project applications, not less than 20 percent of the funds made available
under this title to each State for Clean Water State Revolving Fund
capitalization grants and not less than 20 percent of the funds made available
under this title to each State for Drinking Water State Revolving Fund
capitalization grants shall be used by the State for projects to address green
infrastructure, water efficiency, or energy efficiency
improvements.</text><text display-inline="no-display-inline">For fiscal year
2010 and each fiscal year thereafter, the requirements of section 513 of the
Federal Water Pollution Control Act (<external-xref legal-doc="usc" parsable-cite="usc/33/1372">33 U.S.C. 1372</external-xref>) shall apply to the
construction of treatment works carried out in whole or in part with assistance
made available by a State water pollution control revolving fund as authorized
by title VI of that Act (<external-xref legal-doc="usc" parsable-cite="usc/33/1381">33 U.S.C. 1381 et seq.</external-xref>), or with
assistance made available under section 205(m) of that Act (<external-xref legal-doc="usc" parsable-cite="usc/33/1285">33 U.S.C. 1285(m)</external-xref>),
or both.</text><text display-inline="no-display-inline">For fiscal year 2010
and each fiscal year thereafter, the requirements of section 1450(e) of the
Safe Drinking Water Act (<external-xref legal-doc="usc" parsable-cite="usc/42/300j-9">42 U.S.C. 300j–9(e)</external-xref>) shall apply
to any construction project carried out in whole or in part with assistance
made available by a drinking water treatment revolving loan fund as authorized
by section 1452 of that Act (<external-xref legal-doc="usc" parsable-cite="usc/42/300j-12">42 U.S.C.
300j–12</external-xref>).</text>
</appropriations-small><enum>III</enum><header>Related
agencies</header>
<appropriations-major id="HE4490B3468994A82A7A702BAC0A82D51"><header>Department of
agriculture</header>
</appropriations-major><appropriations-intermediate id="H48D57BA833314B87A37592DCE6D203BE"><header>Forest
service</header>
</appropriations-intermediate><appropriations-small id="HE28357BD6C734C20B93CCEA964C63506"><header>Forest and rangeland
research</header><text display-inline="no-display-inline">For necessary
expenses of forest and rangeland research as authorized by law,
$308,612,000, to remain available until
expended: <italic>Provided</italic>, That of the funds provided,
$61,939,000 is for the forest inventory and
analysis program.</text>
</appropriations-small><appropriations-intermediate id="HCBF086631005468EB375BC17E03C2EF4"><header>State and private
forestry</header><text display-inline="no-display-inline">For necessary
expenses of cooperating with and providing technical and financial assistance
to States, territories, possessions, and others, and for forest health
management, including treatments of pests, pathogens, and invasive or noxious
plants and for restoring and rehabilitating forests damaged by pests or
invasive plants, cooperative forestry, and education and land conservation
activities and conducting an international program as authorized,
$307,486,000, to remain available until
expended, as authorized by law; and of which
$76,215,000 is to be derived from the Land and
Water Conservation Fund.</text>
</appropriations-intermediate><appropriations-small id="H5AAD416D3CAC4A4397152C222C448F69"><header>National forest
system</header>
</appropriations-small><appropriations-small id="H60706F710C6440A38705DA5C5803BB9E"><header>(including transfers of
funds)</header><text display-inline="no-display-inline">For necessary expenses
of the Forest Service, not otherwise provided for, for management, protection,
improvement, and utilization of the National Forest System,
$1,564,801,000 (reduced by
$25,000,000) (increased by
$25,000,000), to remain available until
expended, which shall include 50 percent of all moneys received during prior
fiscal years as fees collected under the Land and Water Conservation Fund Act
of 1965, as amended, in accordance with section 4 of the Act (16 U.S.C.
460l–6a(i)): <italic>Provided</italic>, That, the Secretary may authorize the
expenditure or transfer of up to $10,000,000 to
the Department of the Interior, Bureau of Land Management, for removal,
preparation, and adoption of excess wild horses and burros from National Forest
System lands, and for the performance of cadastral surveys to designate the
boundaries of such lands: <italic>Provided further</italic>, That up to
$10,000,000 may be transferred to and made a
part of other Forest Service accounts if the transfer enhances the efficiency
or effectiveness of Federal activities.</text>
</appropriations-small><appropriations-small id="HBF3FE05D22554CACAE38CAF46345F56A"><header>Capital improvement and
maintenance</header>
</appropriations-small><appropriations-small id="H5C6135CA956C453AB9FD8430FF95FF13"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For necessary expenses
of the Forest Service, not otherwise provided for,
$560,637,000, to remain available until
expended, for construction, capital improvement, maintenance and acquisition of
buildings and other facilities and infrastructure; and for construction,
capital improvement, decommissioning, and maintenance of forest roads and
trails by the Forest Service as authorized by 16 U.S.C. 532–538 and 23 U.S.C.
101 and 205: <italic>Provided</italic>, That
$100,000,000 shall be designated for urgently
needed road decommissioning, road and trail repair and maintenance and
associated activities, and removal of fish passage barriers, especially in
areas where Forest Service roads may be contributing to water quality problems
in streams and water bodies which support threatened, endangered or sensitive
species or community water sources: <italic>Provided further</italic>, That
funds provided herein shall be available for the decommissioning of roads,
including unauthorized roads not part of the transportation system, which are
no longer needed: <italic>Provided further</italic>, That public comment should
be provided before system roads are decommissioned: <italic>Provided
further</italic>, That the decommissioning of unauthorized roads not part of
the official transportation system shall be expedited in response to threats to
public safety, water quality, or natural resources: <italic>Provided
further</italic>, That funds becoming available in fiscal year 2010 under the
Act of March 4, 1913 (<external-xref legal-doc="usc" parsable-cite="usc/16/501">16 U.S.C. 501</external-xref>) shall be transferred
to the General Fund of the Treasury and shall not be available for transfer or
obligation for any other purpose unless the funds are appropriated:<italic>
Provided further</italic>, That up to
$10,000,000 may be transferred to and made a
part of other Forest Service accounts if the transfer enhances the efficiency
or effectiveness of Federal activities.</text>
</appropriations-small><appropriations-small id="HE54C7F6A0F284689AF459259C2A9B542"><header>Land acquisition</header><text display-inline="no-display-inline">For expenses necessary to carry out the
provisions of the Land and Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l–4 through 11), including administrative expenses, and for
acquisition of land or waters, or interest therein, in accordance with
statutory authority applicable to the Forest Service,
$36,782,000, to be derived from the Land and
Water Conservation Fund and to remain available until
expended.</text>
</appropriations-small><appropriations-small id="H6AF6119939F7440FB07E6FFAC738289D"><header>Acquisition of lands for
national forests special acts</header><text display-inline="no-display-inline">For acquisition of lands within the exterior
boundaries of the Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe
National Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and
Cleveland National Forests, California, as authorized by law,
$1,050,000, to be derived from forest
receipts.</text>
</appropriations-small><appropriations-small id="H0168533B81044C8D88B7F1FCAC6DA2C2"><header>Acquisition of lands to complete
land exchanges</header><text display-inline="no-display-inline">For acquisition
of lands, such sums, to be derived from funds deposited by State, county, or
municipal governments, public school districts, or other public school
authorities, and for authorized expenditures from funds deposited by
non-Federal parties pursuant to Land Sale and Exchange Acts, pursuant to the
Act of December 4, 1967, as amended (<external-xref legal-doc="usc" parsable-cite="usc/16/484a">16 U.S.C. 484a</external-xref>), to remain
available until expended (16 U.S.C. 460l–516–617a, 555a;
<external-xref legal-doc="public-law" parsable-cite="pl/96/586">Public Law
96–586</external-xref>;
<external-xref legal-doc="public-law" parsable-cite="pl/76/589">Public Law
76–589</external-xref>, 76–591; and
<external-xref legal-doc="public-law" parsable-cite="pl/78/310">Public Law
78–310</external-xref>).</text>
</appropriations-small><appropriations-small id="HD1D7D079778D491A83D3EE81E185680E"><header>Range betterment
fund</header><text display-inline="no-display-inline">For necessary expenses of
range rehabilitation, protection, and improvement, 50 percent of all moneys
received during the prior fiscal year, as fees for grazing domestic livestock
on lands in National Forests in the 16 Western States, pursuant to section
401(b)(1) of <external-xref legal-doc="public-law" parsable-cite="pl/94/579">Public Law 94–579</external-xref>, as amended, to
remain available until expended, of which not to exceed 6 percent shall be
available for administrative expenses associated with on-the-ground range
rehabilitation, protection, and improvements.</text>
</appropriations-small><appropriations-small id="HFFE13B9295A04C139212592B27D9E4B6"><header>Gifts, donations and bequests
for forest and rangeland research</header><text display-inline="no-display-inline">For expenses authorized by
<external-xref legal-doc="usc" parsable-cite="usc/16/1643">16 U.S.C.
1643(b)</external-xref>, $50,000, to remain
available until expended, to be derived from the fund established pursuant to
the above Act.</text>
</appropriations-small><appropriations-small id="HB762F28D438E4741A1EAE1FD0521EFAC"><header>Management of national forest
lands for subsistence uses</header><text display-inline="no-display-inline">For
necessary expenses of the Forest Service to manage Federal lands in Alaska for
subsistence uses under title VIII of the Alaska National Interest Lands
Conservation Act (<external-xref legal-doc="public-law" parsable-cite="pl/96/487">Public Law 96–487</external-xref>),
$2,582,000, to remain available until
expended.</text>
</appropriations-small><appropriations-small id="H741219E78C9E492DADA8A8699C8DC66F"><header>Wildland fire
management</header>
</appropriations-small><appropriations-small id="H4BEE288C6D5F4E2D8858C0D590CAD759"><header>(including transfers of
funds)</header><text display-inline="no-display-inline">For necessary expenses
for forest fire presuppression activities on National Forest System lands, for
emergency fire suppression on or adjacent to such lands or other lands under
fire protection agreement, hazardous fuels reduction on or adjacent to such
lands, and for emergency rehabilitation of burned-over National Forest System
lands and water, $2,370,288,000, to remain
available until expended: <italic>Provided</italic>, That such funds including
unobligated balances under this heading, are available for repayment of
advances from other appropriations accounts previously transferred for such
purposes: <italic>Provided further</italic>, That such funds shall be available
to reimburse State and other cooperating entities for services provided in
response to wildfire and other emergencies or disasters to the extent such
reimbursements by the Forest Service for non-fire emergencies are fully repaid
by the responsible emergency management agency: <italic>Provided
further</italic>, That, notwithstanding any other provision of law,
$8,000,000 of funds appropriated under this
appropriation shall be used for Fire Science Research in support of the Joint
Fire Science Program: <italic>Provided further</italic>, That all authorities
for the use of funds, including the use of contracts, grants, and cooperative
agreements, available to execute the Forest and Rangeland Research
appropriation, are also available in the utilization of these funds for Fire
Science Research: <italic>Provided further</italic>, That funds provided shall
be available for emergency rehabilitation and restoration, hazardous fuels
reduction activities in the urban-wildland interface, support to Federal
emergency response, and wildfire suppression activities of the Forest Service:
<italic>Provided further</italic>, That of the funds provided,
$378,086,000 is for hazardous fuels reduction
activities, $11,600,000 is for rehabilitation
and restoration, $23,917,000 is for research
activities and to make competitive research grants pursuant to the Forest and
Rangeland Renewable Resources Research Act, as amended (<external-xref legal-doc="usc" parsable-cite="usc/16/1641">16 U.S.C. 1641 et
seq.</external-xref>), $80,000,000 is for State
fire assistance, $10,000,000 is for volunteer
fire assistance, $24,252,000 is for forest
health activities on Federal lands and
$12,928,000 is for forest health activities on
State and private lands: <italic>Provided further</italic>, That amounts in
this paragraph may be transferred to the <quote>State and Private
Forestry</quote>, <quote>National Forest System</quote>, and <quote>Forest and
Rangeland Research</quote> accounts to fund State fire assistance, volunteer
fire assistance, forest health management, forest and rangeland research, the
Joint Fire Science Program, vegetation and watershed management, heritage site
rehabilitation, and wildlife and fish habitat management and restoration:
<italic>Provided further</italic>, That up to
$25,000,000 of the funds provided under this
heading may be transferred to and made a part of other Forest Service accounts
if the transfer enhances the efficiency or effectiveness of Federal activities:
<italic>Provided further</italic>, That the costs of implementing any
cooperative agreement between the Federal Government and any non-Federal entity
may be shared, as mutually agreed on by the affected parties: <italic>Provided
further</italic>, That of the funds provided herein, the Secretary of
Agriculture may enter into procurement contracts or cooperative agreements, or
issue grants, for hazardous fuels reduction activities and for training and
monitoring associated with such hazardous fuels reduction activities, on
Federal land, or on adjacent non-Federal land for activities that benefit
resources on Federal land: <italic>Provided further</italic>, That the
Secretary of the Interior and the Secretary of Agriculture may authorize the
transfer of funds appropriated for wildland fire management, in an aggregate
amount not to exceed $50,000,000, between the
Departments when such transfers would facilitate and expedite jointly funded
wildland fire management programs and projects: <italic>Provided
further</italic>, That of the funds provided for hazardous fuels reduction, not
to exceed $5,000,000, may be used to make
grants, using any authorities available to the Forest Service under the State
and Private Forestry appropriation, for the purpose of creating incentives for
increased use of biomass from national forest lands: <italic>Provided
further</italic>, That funds designated for wildfire suppression shall be
assessed for cost pools on the same basis as such assessments are calculated
against other agency programs.</text>
</appropriations-small><appropriations-intermediate id="HBDF0185FB3DE4ABCA6D6949F95F222C5"><header>Wildland Fire Suppression
Contingency Reserve Fund</header>
</appropriations-intermediate><appropriations-small id="H6BA55F7BC3014531A3C2EC9BF1A4DF00"><header>(including Transfer of
Funds)</header><text display-inline="no-display-inline">For necessary expenses
for transfer to <quote>Wildland Fire Management</quote> for emergency fire
suppression on National Forest System lands or adjacent lands or other lands
under fire protection agreement, $282,000,000,
to remain available until expended: <italic>Provided</italic>, That amounts in
this paragraph may be transferred and expended only if all funds appropriated
for fire suppression under the heading <quote>Wildland Fire Management</quote>
shall be fully obligated within 30 days: <italic>Provided further</italic>,
That amounts are available only to the extent the President has issued a
finding that the amounts are necessary for emergency fire
suppression.</text>
</appropriations-small><appropriations-small id="H4D16D1DBF1FC45B3851F74D28CE6EFDE"><header>Administrative provisions,
forest service</header><text display-inline="no-display-inline">Appropriations
to the Forest Service for the current fiscal year shall be available for: (1)
purchase of passenger motor vehicles; acquisition of passenger motor vehicles
from excess sources, and hire of such vehicles; purchase, lease, operation,
maintenance, and acquisition of aircraft from excess sources to maintain the
operable fleet for use in Forest Service wildland fire programs and other
Forest Service programs; notwithstanding other provisions of law, existing
aircraft being replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft; (2) services
pursuant to <external-xref legal-doc="usc" parsable-cite="usc/7/2225">7 U.S.C.
2225</external-xref>, and not to exceed $100,000
for employment under <external-xref legal-doc="usc" parsable-cite="usc/5/3109">5 U.S.C. 3109</external-xref>; (3) purchase,
erection, and alteration of buildings and other public improvements
(<external-xref legal-doc="usc" parsable-cite="usc/7/2250">7 U.S.C.
2250</external-xref>); (4) acquisition of land, waters, and interests therein
pursuant to <external-xref legal-doc="usc" parsable-cite="usc/7/428a">7 U.S.C.
428a</external-xref>; (5) for expenses pursuant to the Volunteers in the
National Forest Act of 1972 (<external-xref legal-doc="usc" parsable-cite="usc/16/558a">16 U.S.C. 558a</external-xref>, 558d, and 558a
note); (6) the cost of uniforms as authorized by
<external-xref legal-doc="usc" parsable-cite="usc/5/5901">5 U.S.C.
5901–5902</external-xref>; and (7) for debt collection contracts in accordance
with <external-xref legal-doc="usc" parsable-cite="usc/31/3718">31 U.S.C.
3718(c)</external-xref>.</text><text display-inline="no-display-inline">Any
appropriations or funds available to the Forest Service may be transferred to
the Wildland Fire Management appropriation for forest firefighting, emergency
rehabilitation of burned-over or damaged lands or waters under its
jurisdiction, and fire preparedness due to severe burning conditions five days
after the Secretary notifies the House and Senate Committees on Appropriations
that all fire suppression funds appropriated under the headings <quote>Wildland
Fire Management</quote> and <quote>Wildland Fire Suppression Contingency
Reserve Fund</quote> shall be fully obligated within 30 days:
<italic>Provided</italic>, That all funds used pursuant to this paragraph must
be replenished by a supplemental appropriation which must be requested as
promptly as possible.</text><text display-inline="no-display-inline">Funds
appropriated to the Forest Service shall be available for assistance to or
through the Agency for International Development in connection with forest and
rangeland research, technical information, and assistance in foreign countries,
and shall be available to support forestry and related natural resource
activities outside the United States and its territories and possessions,
including technical assistance, education and training, and cooperation with
United States and international organizations.</text><text display-inline="no-display-inline">None of the funds made available to the
Forest Service in this Act or any other Act with respect to any fiscal year
shall be subject to transfer under the provisions of section 702(b) of the
Department of Agriculture Organic Act of 1944 (<external-xref legal-doc="usc" parsable-cite="usc/7/2257">7 U.S.C. 2257</external-xref>), section 442 of
<external-xref legal-doc="public-law" parsable-cite="pl/106/224">Public Law
106–224</external-xref> (<external-xref legal-doc="usc" parsable-cite="usc/7/7772">7 U.S.C. 7772</external-xref>), or section 10417(b)
of <external-xref legal-doc="public-law" parsable-cite="pl/107/107">Public Law
107–107</external-xref> (<external-xref legal-doc="usc" parsable-cite="usc/7/8316">7 U.S.C. 8316(b)</external-xref>).</text><text display-inline="no-display-inline">Not more than
$78,350,000 of funds available to the Forest
Service shall be transferred to the Working Capital Fund of the Department of
Agriculture and not more than $19,825,000 of
funds available to the Forest Service shall be transferred to the Department of
Agriculture for Department Reimbursable Programs, commonly referred to as
Greenbook charges. Nothing in this paragraph shall prohibit or limit the use of
reimbursable agreements requested by the Forest Service in order to obtain
services from the Department of Agriculture's National Information Technology
Center.</text><text display-inline="no-display-inline">Funds available to the
Forest Service shall be available to conduct a program of up to
$5,000,000 for priority projects within the
scope of the approved budget, of which
$2,500,000 shall be carried out by the Youth
Conservation Corps and $2,500,000 shall be
carried out under the authority of the Public Lands Corps Healthy Forests
Restoration Act of 2005,
<external-xref legal-doc="public-law" parsable-cite="pl/109/154">Public Law
109–154</external-xref>.</text><text display-inline="no-display-inline">Of the
funds available to the Forest Service, $4,000 is
available to the Chief of the Forest Service for official reception and
representation expenses.</text><text display-inline="no-display-inline">Pursuant to sections 405(b) and 410(b) of
<external-xref legal-doc="public-law" parsable-cite="pl/101/593">Public Law
101–593</external-xref>, of the funds available to the Forest Service,
$3,000,000 may be advanced in a lump sum to the
National Forest Foundation to aid conservation partnership projects in support
of the Forest Service mission, without regard to when the Foundation incurs
expenses, for projects on or benefitting National Forest System lands or
related to Forest Service programs: <italic>Provided</italic>, That the
Foundation shall obtain, by the end of the period of Federal financial
assistance, private contributions to match on at least one-for-one basis funds
made available by the Forest Service: <italic>Provided further</italic>, That
the Foundation may transfer Federal funds to Federal or a non-Federal recipient
for a project at the same rate that the recipient has obtained the non-Federal
matching funds: <italic>Provided further</italic>, That authorized investments
of Federal funds held by the Foundation may be made only in interest-bearing
obligations of the United States or in obligations guaranteed as to both
principal and interest by the United States.</text><text display-inline="no-display-inline">Pursuant to section 2(b)(2) of
<external-xref legal-doc="public-law" parsable-cite="pl/98/244">Public Law
98–244</external-xref>, $3,000,000 of the funds
available to the Forest Service shall be advanced to the National Fish and
Wildlife Foundation in a lump sum to aid cost-share conservation projects,
without regard to when expenses are incurred, on or benefitting National Forest
System lands or related to Forest Service programs: <italic>Provided</italic>,
That such funds shall be matched on at least a one-for-one basis by the
Foundation or its sub-recipients: <italic>Provided further</italic>, That the
Foundation may transfer Federal funds to a Federal or non-Federal recipient for
a project at the same rate that the recipient has obtained the non-Federal
matching funds.</text><text display-inline="no-display-inline">Funds
appropriated to the Forest Service shall be available for interactions with and
providing technical assistance to rural communities and natural resource-based
businesses for sustainable rural development purposes.</text><text display-inline="no-display-inline">Funds appropriated to the Forest Service
shall be available for payments to counties within the Columbia River Gorge
National Scenic Area, pursuant to section 14(c)(1) and (2), and section
16(a)(2) of <external-xref legal-doc="public-law" parsable-cite="pl/99/663">Public Law 99–663</external-xref>.</text><text display-inline="no-display-inline">An eligible individual who is employed in
any project funded under title V of the Older American Act of 1965
(<external-xref legal-doc="usc" parsable-cite="usc/42/3056">42 U.S.C. 3056 et
seq.</external-xref>) and administered by the Forest Service shall be
considered to be a Federal employee for purposes of
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/28/171">chapter 171</external-xref> of title 28,
United States Code.</text><text display-inline="no-display-inline">Any funds
appropriated to the Forest Service may be used to meet the non-Federal share
requirement in section 502(c) of the Older American Act of 1965 (<external-xref legal-doc="usc" parsable-cite="usc/42/3056">42 U.S.C.
3056(c)(2)</external-xref>).</text><text display-inline="no-display-inline">Funds available to the Forest Service, not
to exceed $55,000,000, shall be assessed for the
purpose of performing fire, administrative and other facilities maintenance.
Such assessments shall occur using a square foot rate charged on the same basis
the agency uses to assess programs for payment of rent, utilities, and other
support services.</text><text display-inline="no-display-inline">Notwithstanding any other provision of law,
any appropriations or funds available to the Forest Service not to exceed
$500,000 may be used to reimburse the Office of
the General Counsel (OGC), Department of Agriculture, for travel and related
expenses incurred as a result of OGC assistance or participation requested by
the Forest Service at meetings, training sessions, management reviews, land
purchase negotiations and similar non-litigation related matters. Future budget
justifications for both the Forest Service and the Department of Agriculture
should clearly display the sums previously transferred and the requested
funding transfers.</text><text display-inline="no-display-inline">The 19th
unnumbered paragraph under heading “Administrative Provisions, Forest Service”
in title III of the Department of the Interior, Environment, and Related
Agencies Appropriations Act, 2006,
<external-xref legal-doc="public-law" parsable-cite="pl/109/54">Public Law
109–54</external-xref>, is amended by striking “2009” and inserting
“2014”.</text>
</appropriations-small><appropriations-major id="H502E29BA762741FFA8DD068613029C5A"><header>Department of health and human
services</header>
</appropriations-major><appropriations-intermediate id="H2994895B7CD84F178818DF77EBA5C8EE"><header>Indian health
service</header>
</appropriations-intermediate><appropriations-small id="HC064BA2E33854E3BB3E048B828DF197C"><header>Indian health
services</header><text display-inline="no-display-inline">For expenses
necessary to carry out the Act of August 5, 1954 (68 Stat. 674), the Indian
Self-Determination Act, the Indian Health Care Improvement Act, and titles II
and III of the Public Health Service Act with respect to the Indian Health
Service, $3,657,618,000, together with payments
received during the fiscal year pursuant to
<external-xref legal-doc="usc" parsable-cite="usc/42/238">42 U.S.C.
238(b)</external-xref> and 238b for services furnished by the Indian Health
Service: <italic>Provided</italic>, That funds made available to tribes and
tribal organizations through contracts, grant agreements, or any other
agreements or compacts authorized by the Indian Self-Determination and
Education Assistance Act of 1975 (<external-xref legal-doc="usc" parsable-cite="usc/25/450">25 U.S.C. 450</external-xref>), shall be deemed to
be obligated at the time of the grant or contract award and thereafter shall
remain available to the tribe or tribal organization without fiscal year
limitation: <italic>Provided further</italic>, That
$16,251,000 is provided for Headquarters
operations and information technology activities and, notwithstanding any other
provision of law, the amount available under this proviso shall be allocated at
the discretion of the Director of the Indian Health Service: <italic>Provided
further</italic>, That $779,347,000 for contract
medical care, including $48,000,000 for the
Indian Catastrophic Health Emergency Fund, shall remain available until
expended: <italic>Provided further</italic>, That no less than
$43,139,000 is provided for maintaining
operations of the urban Indian health program: <italic>Provided
further</italic>, That of the funds provided, up to
$32,000,000 shall remain available until
expended for implementation of the loan repayment program under section 108 of
the Indian Health Care Improvement Act: <italic>Provided further</italic>, That
$16,391,000 is provided for the methamphetamine
and suicide prevention and treatment initiative and
$10,000,000 is provided for the domestic
violence prevention initiative and, notwithstanding any other provision of law,
the amounts available under this proviso shall be allocated at the discretion
of the Director of the Indian Health Service and shall remain available until
expended: <italic>Provided further</italic>, That funds provided in this Act
may be used for 1-year contracts and grants which are to be performed in two
fiscal years, so long as the total obligation is recorded in the year for which
the funds are appropriated: <italic>Provided further</italic>, That the amounts
collected by the Secretary of Health and Human Services under the authority of
title IV of the Indian Health Care Improvement Act shall remain available until
expended for the purpose of achieving compliance with the applicable conditions
and requirements of titles XVIII and XIX of the Social Security Act (exclusive
of planning, design, or construction of new facilities): <italic>Provided
further</italic>, That funding contained herein, and in any earlier
appropriations Acts for scholarship programs under the Indian Health Care
Improvement Act (<external-xref legal-doc="usc" parsable-cite="usc/25/1613">25
U.S.C. 1613</external-xref>) shall remain available until expended:
<italic>Provided further</italic>, That amounts received by tribes and tribal
organizations under title IV of the Indian Health Care Improvement Act shall be
reported and accounted for and available to the receiving tribes and tribal
organizations until expended: <italic>Provided further</italic>, That,
notwithstanding any other provision of law, of the amounts provided herein, not
to exceed $398,490,000 shall be for payments to
tribes and tribal organizations for contract or grant support costs associated
with contracts, grants, self-governance compacts, or annual funding agreements
between the Indian Health Service and a tribe or tribal organization pursuant
to the Indian Self-Determination Act of 1975, as amended, prior to or during
fiscal year 2010, of which not to exceed
$5,000,000 may be used for contract support
costs associated with new or expanded self-determination contracts, grants,
self-governance compacts, or annual funding agreements: <italic>Provided
further</italic>, That the Bureau of Indian Affairs may collect from the Indian
Health Service, tribes and tribal organizations operating health facilities
pursuant to <external-xref legal-doc="public-law" parsable-cite="pl/93/638">Public Law 93–638</external-xref>, such individually
identifiable health information relating to disabled children as may be
necessary for the purpose of carrying out its functions under the Individuals
with Disabilities Education Act (<external-xref legal-doc="usc" parsable-cite="usc/20/1400">20 U.S.C. 1400 et seq.</external-xref>):
<italic>Provided further</italic>, That the Indian Health Care Improvement Fund
may be used, as needed, to carry out activities typically funded under the
Indian Health Facilities account.</text>
</appropriations-small><appropriations-small id="H2191AF15684841528A5DA28863304CCF"><header>Indian health
facilities</header><text display-inline="no-display-inline">For construction,
repair, maintenance, improvement, and equipment of health and related auxiliary
facilities, including quarters for personnel; preparation of plans,
specifications, and drawings; acquisition of sites, purchase and erection of
modular buildings, and purchases of trailers; and for provision of domestic and
community sanitation facilities for Indians, as authorized by section 7 of the
Act of August 5, 1954 (<external-xref legal-doc="usc" parsable-cite="usc/42/2004a">42 U.S.C. 2004a</external-xref>), the Indian
Self-Determination Act, and the Indian Health Care Improvement Act, and for
expenses necessary to carry out such Acts and titles II and III of the Public
Health Service Act with respect to environmental health and facilities support
activities of the Indian Health Service,
$394,757,000, to remain available until
expended: <italic>Provided</italic>, That notwithstanding any other provision
of law, funds appropriated for the planning, design, construction or renovation
of health facilities for the benefit of a federally recognized Indian tribe or
tribes may be used to purchase land for sites to construct, improve, or enlarge
health or related facilities: <italic>Provided further</italic>, That not to
exceed $500,000 shall be used by the Indian
Health Service to purchase TRANSAM equipment from the Department of Defense for
distribution to the Indian Health Service and tribal facilities:
<italic>Provided further</italic>, That none of the funds appropriated to the
Indian Health Service may be used for sanitation facilities construction for
new homes funded with grants by the housing programs of the United States
Department of Housing and Urban Development: <italic>Provided further</italic>,
That not to exceed $2,700,000 from this account
and the <quote>Indian Health Services</quote> account shall be used by the
Indian Health Service to obtain ambulances for the Indian Health Service and
tribal facilities in conjunction with an existing interagency agreement between
the Indian Health Service and the General Services Administration:
<italic>Provided further</italic>, That not to exceed
$500,000 shall be placed in a Demolition Fund,
available until expended, to be used by the Indian Health Service for
demolition of Federal buildings.</text>
</appropriations-small><appropriations-small id="H1234GFRTRD"><header>Administrative
provisions, indian health service</header><text display-inline="no-display-inline">Appropriations in this Act to the Indian
Health Service shall be available for services as authorized by 5 U.S.C. 3109
but at rates not to exceed the per diem rate equivalent to the maximum rate
payable for senior-level positions under
<external-xref legal-doc="usc" parsable-cite="usc/5/5376">5 U.S.C.
5376</external-xref>; hire of passenger motor vehicles and aircraft; purchase
of medical equipment; purchase of reprints; purchase, renovation and erection
of modular buildings and renovation of existing facilities; payments for
telephone service in private residences in the field, when authorized under
regulations approved by the Secretary; and for uniforms or allowances therefor
as authorized by <external-xref legal-doc="usc" parsable-cite="usc/5/5901">5
U.S.C. 5901–5902</external-xref>; and for expenses of attendance at meetings
that relate to the functions or activities for which the appropriation is made
or otherwise contribute to the improved conduct, supervision, or management of
those functions or activities.</text><text display-inline="no-display-inline">In accordance with the provisions of the
Indian Health Care Improvement Act, non-Indian patients may be extended health
care at all tribally administered or Indian Health Service facilities, subject
to charges, and the proceeds along with funds recovered under the Federal
Medical Care Recovery Act (<external-xref legal-doc="usc" parsable-cite="usc/42/2651">42 U.S.C. 2651–2653</external-xref>) shall be
credited to the account of the facility providing the service and shall be
available without fiscal year limitation. Notwithstanding any other law or
regulation, funds transferred from the Department of Housing and Urban
Development to the Indian Health Service shall be administered under
<external-xref legal-doc="public-law" parsable-cite="pl/86/121">Public Law
86–121</external-xref>, the Indian Sanitation Facilities Act and
<external-xref legal-doc="public-law" parsable-cite="pl/93/638">Public Law
93–638</external-xref>, as amended.</text><text display-inline="no-display-inline">Funds appropriated to the Indian Health
Service in this Act, except those used for administrative and program direction
purposes, shall not be subject to limitations directed at curtailing Federal
travel and transportation.</text><text display-inline="no-display-inline">None
of the funds made available to the Indian Health Service in this Act shall be
used for any assessments or charges by the Department of Health and Human
Services unless identified in the budget justification and provided in this
Act, or approved by the House and Senate Committees on Appropriations through
the reprogramming process.</text><text display-inline="no-display-inline">Notwithstanding any other provision of law,
funds previously or herein made available to a tribe or tribal organization
through a contract, grant, or agreement authorized by title I or V of the
Indian Self-Determination and Education Assistance Act of 1975 (<external-xref legal-doc="usc" parsable-cite="usc/25/450">25 U.S.C. 450</external-xref>), may
be deobligated and reobligated to a self-determination contract under title I,
or a self-governance agreement under title V of such Act and thereafter shall
remain available to the tribe or tribal organization without fiscal year
limitation.</text><text display-inline="no-display-inline">None of the funds
made available to the Indian Health Service in this Act shall be used to
implement the final rule published in the Federal Register on September 16,
1987, by the Department of Health and Human Services, relating to the
eligibility for the health care services of the Indian Health Service until the
Indian Health Service has submitted a budget request reflecting the increased
costs associated with the proposed final rule, and such request has been
included in an appropriations Act and enacted into law.</text><text display-inline="no-display-inline">With respect to functions transferred by the
Indian Health Service to tribes or tribal organizations, the Indian Health
Service is authorized to provide goods and services to those entities, on a
reimbursable basis, including payment in advance with subsequent adjustment.
The reimbursements received therefrom, along with the funds received from those
entities pursuant to the Indian Self-Determination Act, may be credited to the
same or subsequent appropriation account that provided the funding, with such
amounts to remain available until expended.</text><text display-inline="no-display-inline">Reimbursements for training, technical
assistance, or services provided by the Indian Health Service will contain
total costs, including direct, administrative, and overhead associated with the
provision of goods, services, or technical assistance.</text><text display-inline="no-display-inline">The appropriation structure for the Indian
Health Service may not be altered without advance notification to the House and
Senate Committees on Appropriations.</text>
</appropriations-small><appropriations-intermediate id="H5AC6317734C047E0AE3DB9C58574F7FA"><header>National institutes of
health</header>
</appropriations-intermediate><appropriations-small id="HFDF8C674FF574B63AEDD3E64A35E2CC7"><header>National institute of
environmental health sciences</header><text display-inline="no-display-inline">For necessary expenses for the National
Institute of Environmental Health Sciences in carrying out activities set forth
in section 311(a) of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980, as amended, and section 126(g) of the Superfund
Amendments and Reauthorization Act of 1986,
$79,212,000.</text>
</appropriations-small><appropriations-intermediate id="HFBECD47E7AF447378F73A921E6691FC4"><header>Agency for toxic substances and
disease registry</header>
</appropriations-intermediate><appropriations-small id="H25426DEC43D64328B2AB6D2412606823"><header>Toxic substances and
environmental public health</header><text display-inline="no-display-inline">For necessary expenses for the Agency for
Toxic Substances and Disease Registry (ATSDR) in carrying out activities set
forth in sections 104(i) and 111(c)(4) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended; section
118(f) of the Superfund Amendments and Reauthorization Act of 1986 (SARA), as
amended; and section 3019 of the Solid Waste Disposal Act, as amended,
$76,792,000, of which up to
$1,000 per eligible employee of the Agency for
Toxic Substance and Disease Registry shall remain available until expended for
Individual Learning Accounts: <italic>Provided</italic>, That notwithstanding
any other provision of law, in lieu of performing a health assessment under
section 104(i)(6) of CERCLA, the Administrator of ATSDR may conduct other
appropriate health studies, evaluations, or activities, including, without
limitation, biomedical testing, clinical evaluations, medical monitoring, and
referral to accredited health care providers: <italic>Provided
further</italic>, That in performing any such health assessment or health
study, evaluation, or activity, the Administrator of ATSDR shall not be bound
by the deadlines in section 104(i)(6)(A) of CERCLA: <italic>Provided
further</italic>, That none of the funds appropriated under this heading shall
be available for ATSDR to issue in excess of 40 toxicological profiles pursuant
to section 104(i) of CERCLA during fiscal year 2010, and existing profiles may
be updated as necessary.</text>
</appropriations-small><appropriations-major id="H6EF0D07ABD344373801998305AD32B63"><header>Other related
agencies</header>
</appropriations-major><appropriations-intermediate id="HC496346F6A0E472797274F2770749572"><header>Executive office of the
president</header>
</appropriations-intermediate><appropriations-small id="H7F71A51FA49B4C5CAD76BEB4C2EC362F"><header>Council on environmental quality
and office of environmental quality</header><text display-inline="no-display-inline">For necessary expenses to continue functions
assigned to the Council on Environmental Quality and Office of Environmental
Quality pursuant to the National Environmental Policy Act of 1969, the
Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 1 of
1977, and not to exceed $750 for official
reception and representation expenses,
$3,159,000: <italic>Provided</italic>, That
notwithstanding section 202 of the National Environmental Policy Act of 1970,
the Council shall consist of one member, appointed by the President, by and
with the advice and consent of the Senate, serving as chairman and exercising
all powers, functions, and duties of the Council.</text>
</appropriations-small><appropriations-intermediate id="H82C71FBD08C74E46A6018A2BC5BA40AE"><header>Chemical safety and hazard
investigation board</header>
</appropriations-intermediate><appropriations-small id="HB6ED7727DB394B4A85984E917B6ECEE7"><header>Salaries and
expenses</header>
</appropriations-small><appropriations-small id="H2B6FB58FF99C43228F575D9990735D38"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For necessary expenses
in carrying out activities pursuant to section 112(r)(6) of the Clean Air Act,
as amended, including hire of passenger vehicles, uniforms or allowances
therefor, as authorized by
<external-xref legal-doc="usc" parsable-cite="usc/5/5901">5 U.S.C.
5901–5902</external-xref>, and for services authorized by 5 U.S.C. 3109 but at
rates for individuals not to exceed the per diem equivalent to the maximum rate
payable for senior level positions under
<external-xref legal-doc="usc" parsable-cite="usc/5/5376">5 U.S.C.
5376</external-xref>, $10,547,000:
<italic>Provided</italic>, That the Chemical Safety and Hazard Investigation
Board (Board) shall have not more than three career Senior Executive Service
positions: <italic>Provided further</italic>, That notwithstanding any other
provision of law, the individual appointed to the position of Inspector General
of the Environmental Protection Agency (EPA) shall, by virtue of such
appointment, also hold the position of Inspector General of the Board:
<italic>Provided further</italic>, That notwithstanding any other provision of
law, the Inspector General of the Board shall utilize personnel of the Office
of Inspector General of EPA in performing the duties of the Inspector General
of the Board, and shall not appoint any individuals to positions within the
Board: <italic>Provided further</italic>, That of the funds appropriated under
this heading, $150,000 shall be paid to the
<quote>Office of Inspector General</quote> appropriation of the Environmental
Protection Agency.</text>
</appropriations-small><appropriations-intermediate id="H5E564BB1D40E4AD48E6D53515CCC34B0"><header>Office of navajo and hopi indian
relocation</header>
</appropriations-intermediate><appropriations-small id="HAF9260A75EB64F7F8CD9507C8E9F9865"><header>Salaries and
expenses</header><text display-inline="no-display-inline">For necessary
expenses of the Office of Navajo and Hopi Indian Relocation as authorized by
<external-xref legal-doc="public-law" parsable-cite="pl/93/531">Public Law
93–531</external-xref>, $8,000,000, to remain
available until expended: <italic>Provided</italic>, That funds provided in
this or any other appropriations Act are to be used to relocate eligible
individuals and groups including evictees from District 6, Hopi-partitioned
lands residents, those in significantly substandard housing, and all others
certified as eligible and not included in the preceding categories:
<italic>Provided further</italic>, That none of the funds contained in this or
any other Act may be used by the Office of Navajo and Hopi Indian Relocation to
evict any single Navajo or Navajo family who, as of November 30, 1985, was
physically domiciled on the lands partitioned to the Hopi Tribe unless a new or
replacement home is provided for such household: <italic>Provided
further</italic>, That no relocatee will be provided with more than one new or
replacement home: <italic>Provided further</italic>, That the Office shall
relocate any certified eligible relocatees who have selected and received an
approved homesite on the Navajo reservation or selected a replacement residence
off the Navajo reservation or on the land acquired pursuant to 25 U.S.C.
640d–10.</text>
</appropriations-small><appropriations-intermediate id="H7A9BC60E66934586A2502C460C2BB133"><header>Institute of american indian and
alaska native culture and arts
development</header>
</appropriations-intermediate><appropriations-small id="H601ABC896941422585BFC2221AAA752B"><header>Payment to the
institute</header><text display-inline="no-display-inline">For payment to the
Institute of American Indian and Alaska Native Culture and Arts Development, as
authorized by title XV of
<external-xref legal-doc="public-law" parsable-cite="pl/99/498">Public Law
99–498</external-xref>, as amended (20 U.S.C. 56 part A),
$8,300,000.</text>
</appropriations-small><appropriations-intermediate id="H393DC6F6D9434D0F8A23418B341436E8"><header>Smithsonian
institution</header>
</appropriations-intermediate><appropriations-small id="HB26BB0029EA542BAB1A9E36C905C62D0"><header>Salaries and
expenses</header><text display-inline="no-display-inline">For necessary
expenses of the Smithsonian Institution, as authorized by law, including
research in the fields of art, science, and history; development, preservation,
and documentation of the National Collections; presentation of public exhibits
and performances; collection, preparation, dissemination, and exchange of
information and publications; conduct of education, training, and museum
assistance programs; maintenance, alteration, operation, lease (for terms not
to exceed 30 years), and protection of buildings, facilities, and approaches;
not to exceed $100,000 for services as
authorized by <external-xref legal-doc="usc" parsable-cite="usc/5/3109">5
U.S.C. 3109</external-xref>; and purchase, rental, repair, and cleaning of
uniforms for employees, $634,161,000, to remain
available until September 30, 2011, except as otherwise provided herein; of
which not to exceed $19,117,000 for the
instrumentation program, collections acquisition, exhibition reinstallation,
the National Museum of African American History and Culture, and the
repatriation of skeletal remains program shall remain available until expended;
and of which $1,553,000 is for fellowships and
scholarly awards; and including such funds as may be necessary to support
American overseas research centers: <italic>Provided</italic>, That funds
appropriated herein are available for advance payments to independent
contractors performing research services or participating in official
Smithsonian presentations.</text>
</appropriations-small><appropriations-small id="H766A143447AC4F2E9D84DA3F24904105"><header>Facilities capital</header><text display-inline="no-display-inline">For necessary expenses of repair,
revitalization, and alteration of facilities owned or occupied by the
Smithsonian Institution, by contract or otherwise, as authorized by section 2
of the Act of August 22, 1949 (63 Stat. 623), and for construction, including
necessary personnel, $140,000,000, to remain
available until expended, of which not to exceed
$10,000 is for services as authorized by 5
U.S.C. 3109.</text>
</appropriations-small><appropriations-small id="H5C96C9A503F241FCB601F4D51FA347A2"><header>Administrative Provision,
Smithsonian Institution</header><text display-inline="no-display-inline">Notwithstanding any provision of the
Department of the Interior, Environment, and Related Agencies Appropriations
Act, 2008 (<external-xref legal-doc="public-law" parsable-cite="pl/110/161">Public Law 110–161</external-xref>; 121 Stat. 2140),
the funds provided for <quote>Smithsonian Institution, Legacy Fund</quote>
under such Act may be transferred to and made a part of the appropriation for
<quote>Smithsonian Institution, Facilities Capital</quote> in this Act and
utilized by the Smithsonian Institution under the same terms and conditions
that apply to other funds contained in such
appropriation.</text>
</appropriations-small><appropriations-intermediate id="H2F3615CEEBD84494800439148661127E"><header>National gallery of
art</header>
</appropriations-intermediate><appropriations-small id="H0E698C01C7FA4788AB1DDCB68818E86C"><header>Salaries and
expenses</header><text display-inline="no-display-inline">For the upkeep and
operations of the National Gallery of Art, the protection and care of the works
of art therein, and administrative expenses incident thereto, as authorized by
the Act of March 24, 1937 (50 Stat. 51), as amended by the public resolution of
April 13, 1939 (Public Resolution 9, Seventy-sixth Congress), including
services as authorized by
<external-xref legal-doc="usc" parsable-cite="usc/5/3109">5 U.S.C.
3109</external-xref>; payment in advance when authorized by the treasurer of
the Gallery for membership in library, museum, and art associations or
societies whose publications or services are available to members only, or to
members at a price lower than to the general public; purchase, repair, and
cleaning of uniforms for guards, and uniforms, or allowances therefor, for
other employees as authorized by law (<external-xref legal-doc="usc" parsable-cite="usc/5/5901">5 U.S.C. 5901–5902</external-xref>); purchase or
rental of devices and services for protecting buildings and contents thereof,
and maintenance, alteration, improvement, and repair of buildings, approaches,
and grounds; and purchase of services for restoration and repair of works of
art for the National Gallery of Art by contracts made, without advertising,
with individuals, firms, or organizations at such rates or prices and under
such terms and conditions as the Gallery may deem proper,
$110,746,000, of which not to exceed
$3,386,000 for the special exhibition program
shall remain available until expended.</text>
</appropriations-small><appropriations-small id="HADF40D3E3C624CDF9F3575C8D6314D24"><header>Repair, restoration and
renovation of buildings</header><text display-inline="no-display-inline">For
necessary expenses of repair, restoration and renovation of buildings, grounds
and facilities owned or occupied by the National Gallery of Art, by contract or
otherwise, as authorized, $56,259,000, to remain
available until expended: <italic>Provided</italic>, That of this amount,
$40,000,000 shall be available to repair the
National Gallery’s East Building facade: <italic>Provided further</italic>,
That contracts awarded for environmental systems, protection systems, and
exterior repair or renovation of buildings of the National Gallery of Art may
be negotiated with selected contractors and awarded on the basis of contractor
qualifications as well as price.</text>
</appropriations-small><appropriations-intermediate id="H85CC2BD16F79412DB2D0870053763E43"><header>John F. kennedy center for the
performing arts</header>
</appropriations-intermediate><appropriations-small id="HF62D5B89EC404777A8B7AA96F8D6CD73"><header>Operations and
maintenance</header><text display-inline="no-display-inline">For necessary
expenses for the operation, maintenance and security of the John F. Kennedy
Center for the Performing Arts, $25,000,000:
<italic>Provided</italic>, That of the funds included under this heading,
$2,500,000 is available until expended to
implement a program to train arts managers throughout the United
States.</text>
</appropriations-small><appropriations-small id="H4743D73F878E47A2B8313DA1782A6A61"><header>Capital Repair and
Restoration</header><text display-inline="no-display-inline">For necessary
expenses for capital repair and restoration of the existing features of the
building and site of the John F. Kennedy Center for the Performing Arts,
$17,447,000, to remain available until
expended.</text>
</appropriations-small><appropriations-intermediate id="H1A321DA951804E04B15475CD7503638A"><header>Woodrow wilson international
center for scholars</header>
</appropriations-intermediate><appropriations-small id="H7CC7FF12A7BC470CA6B24831E038576F"><header>Salaries and
expenses</header><text display-inline="no-display-inline">For expenses
necessary in carrying out the provisions of the Woodrow Wilson Memorial Act of
1968 (82 Stat. 1356) including hire of passenger vehicles and services as
authorized by <external-xref legal-doc="usc" parsable-cite="usc/5/3109">5
U.S.C. 3109</external-xref>, $12,225,000, to
remain available until September 30, 2011.</text>
</appropriations-small><appropriations-intermediate id="H1D7D1D589A7D46B29788BE500F4486C9"><header>National foundation on the arts
and the humanities</header>
</appropriations-intermediate><appropriations-intermediate id="H8A5E0D1943D541CE8041B875306576A6"><header>National endowment for the
arts</header>
</appropriations-intermediate><appropriations-small id="HB8DF4DFAD5D743A59AFBC178628194D7"><header>Grants and
administration</header><text display-inline="no-display-inline">For necessary
expenses to carry out the National Foundation on the Arts and the Humanities
Act of 1965, as amended, $170,000,000 shall be
available to the National Endowment for the Arts for the support of projects
and productions in the arts, including arts education and public outreach
activities, through assistance to organizations and individuals pursuant to
section 5 of the Act, for program support, and for administering the functions
of the Act, to remain available until expended: <italic>Provided</italic>, That
funds appropriated herein shall be expended in accordance with sections 309 and
311 of <external-xref legal-doc="public-law" parsable-cite="pl/108/447">Public
Law 108–447</external-xref>.</text>
</appropriations-small><appropriations-intermediate id="H8452C8F9D65A493BAB16423D05C41C6B"><header>National endowment for the
humanities</header>
</appropriations-intermediate><appropriations-small id="HA2D37B6F50BA444088967E4A50A93029"><header>Grants and
administration</header><text display-inline="no-display-inline">For necessary
expenses to carry out the National Foundation on the Arts and the Humanities
Act of 1965, as amended, $170,000,000, to remain
available until expended, of which $155,700,000
shall be available for support of activities in the humanities, pursuant to
section 7(c) of the Act and for administering the functions of the Act; and
$14,300,000 shall be available to carry out the
matching grants program pursuant to section 10(a)(2) of the Act including
$9,500,000 for the purposes of section 7(h):
<italic>Provided</italic>, That appropriations for carrying out section
10(a)(2) shall be available for obligation only in such amounts as may be equal
to the total amounts of gifts, bequests, and devises of money, and other
property accepted by the chairman or by grantees of the Endowment under the
provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the current and
preceding fiscal years for which equal amounts have not previously been
appropriated.</text>
</appropriations-small><appropriations-small id="HD542AAD0F0F44568AA586614BB405D0E"><header>Administrative
provision</header><text display-inline="no-display-inline">None of the funds
appropriated to the National Foundation on the Arts and the Humanities may be
used to process any grant or contract documents which do not include the text
of 18 U.S.C. 1913: <italic>Provided</italic>, That none of the funds
appropriated to the National Foundation on the Arts and the Humanities may be
used for official reception and representation expenses: <italic>Provided
further</italic>, That funds from nonappropriated sources may be used as
necessary for official reception and representation expenses: <italic>Provided
further</italic>, That the Chairperson of the National Endowment for the Arts
may approve grants of up to $10,000, if in the
aggregate this amount does not exceed 5 percent of the sums appropriated for
grant-making purposes per year: <italic>Provided further</italic>, That such
small grant actions are taken pursuant to the terms of an expressed and direct
delegation of authority from the National Council on the Arts to the
Chairperson.</text>
</appropriations-small><appropriations-intermediate id="HCE06D07C07E340D786229CAFB6A4B1B9"><header>Commission of fine
arts</header>
</appropriations-intermediate><appropriations-small id="H97527363675440AD864CFDC9E2B91C23"><header>Salaries and
expenses</header><text display-inline="no-display-inline">For expenses made
necessary by the Act establishing a Commission of Fine Arts (<external-xref legal-doc="usc" parsable-cite="usc/40/104">40 U.S.C. 104</external-xref>),
$2,294,000: <italic>Provided</italic>, That the
Commission is authorized to charge fees to cover the full costs of its
publications, and such fees shall be credited to this account as an offsetting
collection, to remain available until expended without further appropriation:
<italic>Provided further</italic>, That the Commission is authorized to accept
gifts, including objects, papers, artwork, drawings and artifacts, that pertain
to the history and design of the national capital or the history and activities
of the Commission of Fine Arts, and may be used only for artistic display,
study, or education.</text>
</appropriations-small><appropriations-small id="HB5B2F6E9AA774D3884CC5C39D1F92BD5"><header>National capital arts and
cultural affairs</header><text display-inline="no-display-inline">For necessary
expenses as authorized by
<external-xref legal-doc="public-law" parsable-cite="pl/99/190">Public Law
99–190</external-xref> (<external-xref legal-doc="usc" parsable-cite="usc/20/956a">20 U.S.C. 956a</external-xref>), as amended,
$10,000,000.</text>
</appropriations-small><appropriations-intermediate id="HD69B245AD2DC4C87A2C67A0AAC026AA8"><header>Advisory council on historic
preservation</header>
</appropriations-intermediate><appropriations-small id="H14E10D1F857B42D9B663552364A21B1C"><header>Salaries and
expenses</header><text display-inline="no-display-inline">For necessary
expenses of the Advisory Council on Historic Preservation (<external-xref legal-doc="public-law" parsable-cite="pl/89/665">Public Law
89–665</external-xref>, as amended), $5,908,000:
<italic>Provided</italic>, That none of these funds shall be available for
compensation of level V of the Executive Schedule or higher
positions.</text>
</appropriations-small><appropriations-intermediate id="H2685522E54E942928FB9CF0C6D361E2F"><header>National capital planning
commission</header>
</appropriations-intermediate><appropriations-small id="H8EB3FA8E7602432DB1B650DCFF9BA476"><header>Salaries and
expenses</header><text display-inline="no-display-inline">For necessary
expenses, as authorized by the National Capital Planning Act of 1952
(<external-xref legal-doc="usc" parsable-cite="usc/40/71-71i">40 U.S.C.
71–71i</external-xref>), including services as authorized by
<external-xref legal-doc="usc" parsable-cite="usc/5/3109">5 U.S.C.
3109</external-xref>, $8,507,000:
<italic>Provided</italic>, That one-quarter of 1 percent of the funds provided
under this heading may be used for official reception and representational
expenses associated with hosting international visitors engaged in the planning
and physical development of world capitals.</text>
</appropriations-small><appropriations-intermediate id="H3EF362D8EE4846CEA945D11AC0551AB6"><header>United states holocaust memorial
museum</header>
</appropriations-intermediate><appropriations-small id="H9BED6260021740D19A24A6C6146158AD"><header>Holocaust memorial
museum</header><text display-inline="no-display-inline">For expenses of the
Holocaust Memorial Museum, as authorized by
<external-xref legal-doc="public-law" parsable-cite="pl/106/292">Public Law
106–292</external-xref> (<external-xref legal-doc="usc" parsable-cite="usc/36/2301">36 U.S.C. 2301–2310</external-xref>),
$48,551,000, of which
$515,000 for the Museum's equipment replacement
program, $1,900,000 for the museum's repair and
rehabilitation program, and $1,243,000 for the
museum's exhibition design and production program shall remain available until
expended.</text>
</appropriations-small><appropriations-intermediate id="H5F5F168E404744D1992CC8BA5BC1D981"><header>Presidio
trust</header>
</appropriations-intermediate><appropriations-small id="HA95324714C6D4868B3A64EB62D54A7E2"><header>Presidio trust
fund</header><text display-inline="no-display-inline">For necessary expenses to
carry out title I of the Omnibus Parks and Public Lands Management Act of 1996,
$23,200,000 shall be available to the Presidio
Trust, to remain available until expended.</text>
</appropriations-small><appropriations-intermediate id="H549D047BC56A44D8B06FF7CFB6CC6F9D"><header>Dwight D. eisenhower memorial
commission</header>
</appropriations-intermediate><appropriations-small id="HE0C520BD7BE94FB1B5BC91A40C50BEEA"><header>Salaries and
expenses</header><text display-inline="no-display-inline">For necessary
expenses, including the costs of construction design, of the Dwight D.
Eisenhower Memorial Commission, $2,000,000 to
remain available until expended.</text>
</appropriations-small><appropriations-small id="H42B584F1E03042F1A264A2662B2A68AE"><header>Capital
construction</header><text display-inline="no-display-inline">For necessary
expenses of the Dwight D. Eisenhower Memorial Commission for design and
construction of a memorial in honor of Dwight D. Eisenhower, as authorized by
<external-xref legal-doc="public-law" parsable-cite="pl/106/79">Public Law
106–79</external-xref>, $10,000,000, to remain
available until expended.</text>
</appropriations-small><enum>IV</enum><header>General
provisions</header>
<appropriations-small id="HCE1B3F3A181A48529A380A43BABE5868"><header>(including transfers of
funds)</header>
</appropriations-small><section id="ID1B2872B919A542888A85369E306A465E"><enum>401.</enum><text>The expenditure
of any appropriation under this Act for any consulting service through
procurement contract, pursuant to
<external-xref legal-doc="usc" parsable-cite="usc/5/3109">5 U.S.C.
3109</external-xref>, shall be limited to those contracts where such
expenditures are a matter of public record and available for public inspection,
except where otherwise provided under existing law, or under existing Executive
Order issued pursuant to existing law.</text>
</section><section id="ID2D4A60DDB74E47589CCBAC74495B7291"><enum>402.</enum><text>No part of any
appropriation contained in this Act shall be available for any activity or the
publication or distribution of literature that in any way tends to promote
public support or opposition to any legislative proposal on which Congressional
action is not complete other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.</text>
</section><section id="IDA22F13D14D4A4370A1C6AAD05A7F8735"><enum>403.</enum><text>No part of any
appropriation contained in this Act shall remain available for obligation
beyond the current fiscal year unless expressly so provided herein.</text>
</section><section id="IDC86DD2948C294D26A2C79C06D11BC0AA"><enum>404.</enum><text>None of the funds
provided in this Act to any department or agency shall be obligated or expended
to provide a personal cook, chauffeur, or other personal servants to any
officer or employee of such department or agency except as otherwise provided
by law.</text>
</section><section id="ID19FEDAEA592A404F891750EF7DD426EA"><enum>405.</enum><text>Estimated
overhead charges, deductions, reserves or holdbacks from programs, projects,
activities and subactivities to support government-wide, departmental, agency
or bureau administrative functions or headquarters, regional or central
operations shall be presented in annual budget justifications and subject to
approval by the Committees on Appropriations. Changes to such estimates shall
be presented to the Committees on Appropriations for approval.</text>
</section><section id="ID375A7FA5F610490587D7BB0BEF86A2C7"><enum>406.</enum><text>None of the funds
made available in this Act may be transferred to any department, agency, or
instrumentality of the United States Government except pursuant to a transfer
made by, or transfer provided in, this Act or any other Act.</text>
</section><section id="HBBF171F0B81C437982455EEB058A821A"><enum>407.</enum><subsection commented="no" display-inline="yes-display-inline" id="HC54400CA65F947E9BF64CDDC1606902C"><enum>(a)</enum><header>Limitation of
Funds</header><text>None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim located under the
general mining laws.</text>
</subsection><subsection changed="deleted" id="H8E537A26E7A0446280B6CDEC620C6178" reported-display-style="strikethrough"><enum>(b)</enum><header>Exceptions</header><text>The
provisions of subsection (a) shall not apply if the Secretary of the Interior
determines that, for the claim concerned: (1) a patent application was filed
with the Secretary on or before September 30, 1994; and (2) all requirements
established under sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29
and 30) for vein or lode claims and sections 2329, 2330, 2331, and 2333 of the
Revised Statutes (<external-xref legal-doc="usc" parsable-cite="usc/30/35">30
U.S.C. 35</external-xref>, 36, and 37) for placer claims, and section 2337 of
the Revised Statutes (<external-xref legal-doc="usc" parsable-cite="usc/30/42">30 U.S.C. 42</external-xref>) for mill site claims,
as the case may be, were fully complied with by the applicant by that
date.</text>
</subsection><subsection changed="deleted" id="HC3841C8A718B44869A4135B23324DD50" reported-display-style="strikethrough"><enum>(c)</enum><header>Report</header><text>On
September 30, 2010, the Secretary of the Interior shall file with the House and
Senate Committees on Appropriations and the Committee on Natural Resources of
the House of Representatives and the Committee on Energy and Natural Resources
of the Senate a report on actions taken by the Department under the plan
submitted pursuant to section 314(c) of the Department of the Interior and
Related Agencies Appropriations Act, 1997 (<external-xref legal-doc="public-law" parsable-cite="pl/104/208">Public Law
104–208</external-xref>).</text>
</subsection><subsection changed="deleted" id="H9B9E9CE639F944E5BDAE6D24FE3E2987" reported-display-style="strikethrough"><enum>(d)</enum><header>Mineral
Examinations</header><text>In order to process patent applications in a timely
and responsible manner, upon the request of a patent applicant, the Secretary
of the Interior shall allow the applicant to fund a qualified third-party
contractor to be selected by the Bureau of Land Management to conduct a mineral
examination of the mining claims or mill sites contained in a patent
application as set forth in subsection (b). The Bureau of Land Management shall
have the sole responsibility to choose and pay the third-party contractor in
accordance with the standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.</text>
</subsection></section><section id="ID7023747F89CC453E8C26E0BE5B61D684"><enum>408.</enum><text>Notwithstanding
any other provision of law, amounts appropriated to or otherwise designated in
committee reports for the Bureau of Indian Affairs and the Indian Health
Service by Public Laws 103–138, 103–332, 104–134, 104–208, 105–83, 105–277,
106–113, 106–291, 107–63, 108–7, 108–108, 108–447, 109–54, 109–289, division B
and Continuing Appropriations Resolution, 2007 (division B of
<external-xref legal-doc="public-law" parsable-cite="pl/109/289">Public Law
109–289</external-xref>, as amended by Public Laws 110–5 and 110–28), Public
Laws 110–92, 110–116, 110–137, 110–149, 110–161, 110–329, 111–6, and 111–8 for
payments for contract support costs associated with self-determination or
self-governance contracts, grants, compacts, or annual funding agreements with
the Bureau of Indian Affairs or the Indian Health Service as funded by such
Acts, are the total amounts available for fiscal years 1994 through 2009 for
such purposes, except that the Bureau of Indian Affairs, federally recognized
tribes<added-phrase committee-id="SSAP00" reported-display-style="italic">,</added-phrase> and tribal organizations of
federally recognized tribes may use their tribal priority allocations for unmet
contract support costs of ongoing contracts, grants, self-governance compacts,
or annual funding agreements.</text>
</section><section id="ID2BC26C48F33148EDB0ABC7B57AC5781E"><enum>409.</enum><text>The Secretary of
Agriculture shall not be considered to be in violation of subparagraph
6(f)(5)(A) of the Forest and Rangeland Renewable Resources Planning Act of 1974
(<external-xref legal-doc="usc" parsable-cite="usc/16/1604">16 U.S.C.
1604(f)(5)(A)</external-xref>) solely because more than 15 years have passed
without revision of the plan for a unit of the National Forest System. Nothing
in this section exempts the Secretary from any other requirement of the Forest
and Rangeland Renewable Resources Planning Act (<external-xref legal-doc="usc" parsable-cite="usc/16/1600">16 U.S.C. 1600 et seq.</external-xref>) or any
other law: <italic>Provided</italic>, That if the Secretary is not acting
expeditiously and in good faith, within the funding available, to revise a plan
for a unit of the National Forest System, this section shall be void with
respect to such plan and a court of proper jurisdiction may order completion of
the plan on an accelerated basis.</text>
</section><section id="ID2ADA21CDC782495CBE9DDE1BF1ABCFC9"><enum>410.</enum><text>No funds provided
in this Act may be expended to conduct preleasing, leasing and related
activities under either the Mineral Leasing Act (<external-xref legal-doc="usc" parsable-cite="usc/30/181">30 U.S.C. 181 et seq.</external-xref>) or the Outer
Continental Shelf Lands Act (<external-xref legal-doc="usc" parsable-cite="usc/43/1331">43 U.S.C. 1331 et seq.</external-xref>) within the
boundaries of a National Monument established pursuant to the Act of June 8,
1906 (<external-xref legal-doc="usc" parsable-cite="usc/16/431">16 U.S.C. 431
et seq.</external-xref>) as such boundary existed on January 20, 2001, except
where such activities are allowed under the Presidential proclamation
establishing such monument.</text>
</section><section id="ID8374D25DAF88480BACB3F7BC642A3F56"><enum>411.</enum><text>In entering into
agreements with foreign fire organizations pursuant to the Temporary Emergency
Wildfire Suppression Act (<external-xref legal-doc="usc" parsable-cite="usc/42/1856m-1856o">42 U.S.C. 1856m–1856o</external-xref>), the
Secretary of Agriculture and the Secretary of the Interior are authorized to
enter into reciprocal agreements in which the individuals furnished under said
agreements to provide wildfire services are considered, for purposes of tort
liability, employees of the fire organization receiving said services when the
individuals are engaged in fire suppression or presuppression:
<italic>Provided</italic>, That the Secretary of Agriculture or the Secretary
of the Interior shall not enter into any agreement under this provision unless
the foreign fire organization agrees to assume any and all liability for the
acts or omissions of American firefighters engaged in fire suppression or
presuppression in a foreign country: <italic>Provided further</italic>, That
when an agreement is reached for furnishing fire suppression or presuppression
services, the only remedies for acts or omissions committed while engaged in
fire suppression or presuppression shall be those provided under the laws
applicable to the fire organization receiving the fire suppression or
presuppression services, and those remedies shall be the exclusive remedies for
any claim arising out of fire suppression or presuppression activities in a
foreign country: <italic>Provided further</italic>, That neither the sending
country nor any legal organization associated with the firefighter shall be
subject to any legal action, consistent with the applicable laws governing
sovereign immunity, pertaining to or arising out of the firefighter’s role in
fire suppression or presuppression, except that if the foreign fire
organization is unable to provide such protection under laws applicable to it,
it shall assume any and all liability for the United States or for any legal
organization associated with the American firefighter, and for any and all
costs incurred or assessed, including legal fees, for any act or omission
pertaining to or arising out of the firefighter’s role in fire suppression or
presuppression.</text>
</section><section id="ID896376C5F71A4C728AD2D8A67A53AECD"><enum>412.</enum><text>In awarding a
Federal contract with funds made available by this Act, notwithstanding Federal
Government procurement and contracting laws, the Secretary of Agriculture and
the Secretary of the Interior (the <quote>Secretaries</quote>) may, in
evaluating bids and proposals, give consideration to local contractors who are
from, and who provide employment and training for, dislocated and displaced
workers in an economically disadvantaged rural community, including those
historically timber-dependent areas that have been affected by reduced timber
harvesting on Federal lands and other forest-dependent rural communities
isolated from significant alternative employment opportunities:
<italic>Provided</italic>, That notwithstanding Federal Government procurement
and contracting laws the Secretaries may award contracts, grants or cooperative
agreements to local non-profit entities, Youth Conservation Corps or related
partnerships with State, local or non-profit youth groups, or small or
micro-business or disadvantaged business: <italic>Provided further</italic>,
That the contract, grant, or cooperative agreement is for forest hazardous
fuels reduction, watershed or water quality monitoring or restoration, wildlife
or fish population monitoring, or habitat restoration or management:
<italic>Provided further</italic>, That the terms <quote>rural
community</quote> and <quote>economically disadvantaged</quote> shall have the
same meanings as in section 2374 of
<external-xref legal-doc="public-law" parsable-cite="pl/101/624">Public Law
101–624</external-xref>: <italic>Provided further</italic>, That the
Secretaries shall develop guidance to implement this section: <italic>Provided
further</italic>, That nothing in this section shall be construed as relieving
the Secretaries of any duty under applicable procurement laws, except as
provided in this section.</text>
</section><section id="HD18839F68A4F410BB7E27E55050057B0"><enum>413.</enum><text display-inline="yes-display-inline">Unless otherwise provided herein, no funds
appropriated in this Act for the acquisition of lands or interests in lands may
be expended for the filing of declarations of taking or complaints in
condemnation without the approval of the House and Senate Committees on
Appropriations.</text>
</section><section id="HE4C216BC92504301BE39D389C91250B9"><enum>414.</enum><text display-inline="yes-display-inline">The terms and conditions of section 325 of
<external-xref legal-doc="public-law" parsable-cite="pl/108/108">Public Law
108–108</external-xref>, regarding grazing permits at the Department of the
Interior and the Forest Service shall remain in effect for fiscal year
2010.</text>
</section><section id="HB2BEC29F47304A9EA9B4A07FD4A64AA4"><enum>415.</enum><text>Section 6 of the
National Foundation on the Arts and the Humanities Act of 1965 (<external-xref legal-doc="public-law" parsable-cite="pl/89/209">Public Law
89–209</external-xref>,
<external-xref legal-doc="usc" parsable-cite="usc/20/955">20 U.S.C.
955</external-xref>), as amended, is further amended—</text>
<paragraph id="H42707D8A830B4A1A98D2F0AD058D1D18"><enum>(1)</enum><text>in the first
sentence of subsection (b)(1)(C), by striking <quote>14</quote> and inserting
in lieu thereof <quote>18</quote>; and</text>
</paragraph><paragraph id="HD13DF4A21D964A2BA017645A43F26524"><enum>(2)</enum><text>in the second
sentence of subsection (d)(1), by striking <quote>Eight</quote> and inserting
in lieu thereof <quote>Ten</quote>.</text>
</paragraph></section><section id="H24B3BFBA428B4F0FBF3139C2DAC068B2"><enum>416.</enum><text display-inline="yes-display-inline">The item relating to ‘‘National Capital
Arts and Cultural Affairs’’ in the Department of the Interior and Related
Agencies Appropriations Act, 1986, as enacted into law by section 101(d) of
<external-xref legal-doc="public-law" parsable-cite="pl/99/190">Public Law
99–190</external-xref> (99 Stat. 1261;
<external-xref legal-doc="usc" parsable-cite="usc/20/956a">20 U.S.C.
956a</external-xref>), is amended—</text>
<paragraph id="H6652ECC648E646379FAD1F1834DA84E1"><enum>(1)</enum><text>in the second
sentence of the first paragraph, by striking
‘‘$7,500,000’’ and inserting
‘‘$10,000,000’’; and</text>
</paragraph><paragraph id="H0404EFB4EE954C9FA20BCFB982689EF6"><enum>(2)</enum><text>in the second
sentence of the fourth paragraph, by striking
‘‘$500,000’’ and inserting
‘‘$650,000’’.</text>
</paragraph></section><section id="HFA6519999B1F4214B6A0BF337721BB78"><enum>417.</enum><text display-inline="yes-display-inline">Section 339(h) of the Department of the
Interior and Related Agencies Appropriations Act, 2000, as amended, concerning
a pilot program for the sale of forest botanical products by the Forest
Service, is further amended by striking “September 30, 2009” and inserting
“September 30, 2014”.</text>
</section><section id="H1916D7E287D34CE6BFC3835163AB86EA"><enum>418.</enum><text display-inline="yes-display-inline">The second sentence of section 2 (a)(1) of
the Mineral Leasing Act (<external-xref legal-doc="usc" parsable-cite="usc/30/201">30 U.S.C. 201(a)(1)</external-xref>; relating to
coal bonus bids) does not apply for fiscal year 2010.</text>
</section><section id="HAF315C5E5E9D464EA973DB2AE0C278E1"><enum>419.</enum><text display-inline="yes-display-inline">All monies received by the United States in
fiscal year 2010 from sales, bonuses, rentals, and royalties under the
Geothermal Steam Act of 1970 shall be disposed of as provided by section 20 of
that Act (<external-xref legal-doc="usc" parsable-cite="usc/30/1019">30 U.S.C.
1019</external-xref>), as in effect immediately before enactment of the Energy
Policy Act of 2005 (<external-xref legal-doc="public-law" parsable-cite="pl/109/58">Public Law 109–58</external-xref>), and without
regard to the amendments contained in sections 224(b) and section 234 of the
Energy Policy Act of 2005 (<external-xref legal-doc="usc" parsable-cite="usc/42/17673">42 U.S.C. 17673</external-xref>).</text>
</section><section display-inline="no-display-inline" id="H33341466787F45B08C299D10E111A505"><enum>420.</enum><text display-inline="yes-display-inline">Section 331(e) of the Department of the
Interior and Related Agencies Appropriations Act, 2001, (<external-xref legal-doc="public-law" parsable-cite="pl/106/291">Public Law
106–291</external-xref>), as added by section 336 of division E of the
Consolidated Appropriations Act, 2005 (<external-xref legal-doc="public-law" parsable-cite="pl/108/447">Public Law 108–447</external-xref>), concerning
cooperative forestry agreements known as the Colorado Good Neighbor Act
Authority is amended by striking <quote>September 30, 2009</quote> and
inserting <quote>September 30, 2013</quote>.</text>
</section><section id="H536C1246820649EF80C1E8B7B9FB32D5"><enum>421.</enum><text display-inline="yes-display-inline">None of the funds in this or any other Act
shall be used to deposit funds from any Federal royalties, rents, and bonuses
derived from Federal onshore and offshore oil and gas leases issued under the
Outer Continental Shelf Lands Act (<external-xref legal-doc="usc" parsable-cite="usc/43/1331">43 U.S.C. 1331 et
seq.</external-xref>) and the Mineral Leasing Act (<external-xref legal-doc="usc" parsable-cite="usc/30/181">30 U.S.C. 181 et
seq.</external-xref>) into the Ultra-Deepwater and Unconventional Natural Gas
and Other Petroleum Research Fund.</text>
</section><section display-inline="no-display-inline" id="H28855ADB3EA243098BEE3EA28250ADA3"><enum>422.</enum><text display-inline="yes-display-inline">Section 302(a) of the Secure Rural Schools
and Community Self-Determination Act of 2000 (<external-xref legal-doc="usc" parsable-cite="usc/16/7142">16 U.S.C. 7142(a)</external-xref>) is
amended—</text>
<paragraph id="HFFB4A19FCC9D4C0DA5F44A1540ED4A87"><enum>(1)</enum><text>in paragraph
(2)(B), by striking ‘‘; and’’ and inserting a semicolon;</text>
</paragraph><paragraph id="HC21D6D2650214CAAB05E32A0C10C2875"><enum>(2)</enum><text>in paragraph (3),
by striking the period and inserting ‘‘; and’’; and</text>
</paragraph><paragraph id="HA714E36D23074B7AAB60F81B5983413E"><enum>(3)</enum><text>by inserting after
paragraph (3), the following: <quote>(4) to reimburse all or part of the costs
incurred by the county to pay the salaries and benefits of county employees who
supervise adults or juveniles performing mandatory community service on Federal
lands.</quote>.</text>
</paragraph></section><section display-inline="no-display-inline" id="H9780782BAAFD411BBD3DD3E8CCFC1C65"><enum>423.</enum><text display-inline="yes-display-inline">Within the amounts appropriated in this
Act, funding shall be allocated in the amounts specified for those projects and
purposes delineated in the table titled ‘‘Congressionally Directed Spending’’
included in the explanatory statement accompanying this Act. The preceding
sentence shall apply in addition to the allocation requirements specified in
this Act under the heading “National Park Service–Historic Preservation Fund”
for Save America’s Treasures and under the heading “Environmental Protection
Agency–State and Tribal Assistance Grants” for special project grants for the
construction of drinking water, wastewater and storm infrastructure and for
water quality protection.</text>
</section><section display-inline="no-display-inline" id="H6A1F183A58044DE993E1351B1C3FC21E"><enum>424.</enum><text display-inline="yes-display-inline">Not later than 120 days after the date on
which the President’s Fiscal Year 2011 budget request is submitted to Congress,
the President shall submit a report to the Committee on Appropriations of the
House of Representatives and the Committee on Appropriations of the Senate
describing in detail all Federal agency obligations and expenditures, domestic
and international, for climate change programs and activities in fiscal year
2008, fiscal year 2009, and fiscal year 2010, including an accounting of
expenditures by agency with each agency identifying climate change activities
and associated costs by line item as presented in the President’s Budget
Appendix.</text>
</section><section display-inline="no-display-inline" id="H40D923367A5E485AAF2F15E0AAC31CB5"><enum>425.</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law,
none of the funds made available in this or any other Act may be used to
implement any rule that requires mandatory reporting of greenhouse gas
emissions from manure management systems.</text>
</section><section display-inline="no-display-inline" id="H65B26104E54D444597346EA70AA4D15A"><enum>426.</enum><subsection commented="no" display-inline="yes-display-inline" id="H22E2B2938B204001859E606B700751EE"><enum>(a)</enum><text display-inline="yes-display-inline">None of the funds made available in this or
any prior Act may be used to release an individual who is detained, as of April
30, 2009, at Naval Station, Guantanamo Bay, Cuba, into any of the United States
territories of Guam, American Samoa (AS), the United States Virgin Islands
(USVI), the Commonwealth of Puerto Rico and the Commonwealth of the Northern
Mariana Islands (CNMI).</text>
</subsection><subsection changed="deleted" id="H8F4A26CBC1204CACB55EFC5F3571CCCC" reported-display-style="strikethrough"><enum>(b)</enum><text display-inline="yes-display-inline">None of the funds made available in this or
any other prior Act may be used to transfer an individual who is detained, as
of April 30, 2009, at Naval Station, Guantanamo Bay, Cuba, into any of the
United States territories of Guam, American Samoa (AS), the United States
Virgin Islands (USVI), the Commonwealth of Puerto Rico and the Commonwealth of
the Northern Mariana Islands (CNMI), for the purposes of detaining or
prosecuting such individual, until 2 months after the plan described in
subsection (c) is received.</text>
</subsection><subsection changed="deleted" id="H7B0B25CF3EC04DEC9A6FCF21B11CFE3F" reported-display-style="strikethrough"><enum>(c)</enum><text display-inline="yes-display-inline">The President shall submit to the Congress,
in writing, a comprehensive plan regarding the proposed disposition of each
individual who is detained, as of April 30, 2009, at Naval Station, Guantanamo
Bay, Cuba, who is not covered under subsection (d). Such plan shall include, at
a minimum, each of the following for each such individual:</text>
<paragraph id="H3B662B0D5D43495A82DD1CE2BAA3D5D5"><enum>(1)</enum><text display-inline="yes-display-inline">The findings of an analysis regarding any
risk to the national security of the United States that is posed by the
transfer of the individual.</text>
</paragraph><paragraph id="H301BF085412941839F26C081775EC979"><enum>(2)</enum><text display-inline="yes-display-inline">The costs associated with not transferring
the individual in question.</text>
</paragraph><paragraph id="HF42DC5F75AED4601984E8FFAA0D2B65A"><enum>(3)</enum><text display-inline="yes-display-inline">The legal rationale and associated court
demands for transfer.</text>
</paragraph><paragraph id="HAC54A2D7037B48DA8D2B47FBEB2DD6D0"><enum>(4)</enum><text display-inline="yes-display-inline">A certification by the President that any
risk described in paragraph (1) has been mitigated, together with a full
description of the plan for such mitigation.</text>
</paragraph><paragraph id="H8D5B795F61814C70AB14ED2DD215C7BD"><enum>(5)</enum><text display-inline="yes-display-inline">A certification by the President that the
President has submitted to the Governor and legislature of the State or
territory (or, in the case of the District of Columbia, to the Mayor of the
District of Columbia) to which the President intends to transfer the individual
a certification in writing at least 30 days prior to such transfer (together
with supporting documentation and justification) that the individual does not
pose a security risk to the United States.</text>
</paragraph></subsection><subsection changed="deleted" id="H1A4F221D85684E4C9E87CF857C8E9223" reported-display-style="strikethrough"><enum>(d)</enum><text display-inline="yes-display-inline">None of the funds made available in this or
any prior Act may be used to transfer or release an individual detained at
Naval Station, Guantanamo Bay, Cuba, as of April 30, 2009, to a freely
associated State, unless the President submits to the Congress, in writing, at
least 30 days prior to such transfer or release, the following
information:</text>
<paragraph id="H77D60A0E3E224CAC88AA79E008CEA746"><enum>(1)</enum><text display-inline="yes-display-inline">The name of any individual to be
transferred or released and the freely associated State to which such
individual is to be transferred or released.</text>
</paragraph><paragraph id="H1306A5E99C7C4ABCA02BEEB8B42197E4"><enum>(2)</enum><text display-inline="yes-display-inline">An assessment of any risk to the national
security of the United States or its citizens, including members of the Armed
Services or the United States, that is posed by such transfer or release and
the actions taken to mitigate such risk.</text>
</paragraph><paragraph id="H14BB9861AE0546139C35AA85C2A96D0C"><enum>(3)</enum><text display-inline="yes-display-inline">The terms of any agreement with the freely
associated State for the acceptance of such individual, including the amount of
any financial assistance related to such agreement.</text>
</paragraph></subsection><subsection changed="deleted" id="H2248362C19CB4568A0DC73BFB1427EB6" reported-display-style="strikethrough"><enum>(e)</enum><text display-inline="yes-display-inline">In this section, the term ‘‘freely
associated States’’ means the Federated States of Micronesia (FSM), the
Republic of the Marshall Islands (RMI), and the Republic of Palau.</text>
</subsection></section><section display-inline="no-display-inline" id="HA91A37B0AF634EB282DC9B9E1E86334E"><enum>427.</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law,
none of the funds made available in this or any other Act may be used to
promulgate or implement any regulation requiring the issuance of permits under
title V of the Clean Air Act for carbon dioxide, nitrous oxide, water vapor, or
methane emissions resulting from biological processes associated with livestock
production.</text>
</section><section display-inline="no-display-inline" id="H3EF9A1689C5F483A825099BABD8F09D8" section-type="undesignated-section"><text display-inline="yes-display-inline">This Act may be cited as the
<quote><short-title>Department of the Interior,
Environment, and Related Agencies Appropriations Act,
2010</short-title></quote>.</text>
</section>
That the following sums are appropriated, out
of any money in the Treasury not otherwise appropriated, for the Department of
the Interior, environment, and related agencies for the fiscal year ending
September 30, 2010, and for other purposes, namely:
<enum>I</enum>
<appropriations-major id="idBA256EF1ECAB4253A4FDB4BA554E1E4E"><header>DEPARTMENT OF THE
INTERIOR</header>
</appropriations-major><appropriations-intermediate id="id886D0FD6523B4A8BBCE90733834BB7BD"><header>Bureau of land
management</header>
</appropriations-intermediate><appropriations-small id="idA2FC50A05637431F983E8666FF855407"><header>Management of lands and
resources</header><text display-inline="no-display-inline">For necessary
expenses for protection, use, improvement, development, disposal, cadastral
surveying, classification, acquisition of easements and other interests in
lands, and performance of other functions, including maintenance of facilities,
as authorized by law, in the management of lands and their resources under the
jurisdiction of the Bureau of Land Management, including the general
administration of the Bureau, and assessment of mineral potential of public
lands pursuant to Public Law 96–487 (16 U.S.C. 3150(a)),
$965,721,000, to remain available until
expended, of which not to exceed $69,336,000 is
available for oil and gas management; and of which
$1,500,000 is for high priority projects, to be
carried out by the Youth Conservation Corps; and of which
$3,000,000 shall be available in fiscal year
2010 subject to a match by at least an equal amount by the National Fish and
Wildlife Foundation for cost-shared projects supporting conservation of Bureau
lands; and such funds shall be advanced to the Foundation as a lump sum grant
without regard to when expenses are incurred.</text><text display-inline="no-display-inline">In addition,
$45,500,000 is for the processing of
applications for permit to drill and related use authorizations, to remain
available until expended, to be reduced by amounts collected by the Bureau and
credited to this appropriation that shall be derived from
$6,500 per new application for permit to drill
that the Bureau shall collect upon submission of each new application, and in
addition, $36,696,000 is for Mining Law
Administration program operations, including the cost of administering the
mining claim fee program; to remain available until expended, to be reduced by
amounts collected by the Bureau and credited to this appropriation from annual
mining claim fees so as to result in a final appropriation estimated at not
more than $965,721,000, and
$2,000,000, to remain available until expended,
from communication site rental fees established by the Bureau for the cost of
administering communication site activities.</text>
</appropriations-small><appropriations-small id="id907463BF9027494B887706D1DCD9EE63"><header>Construction</header><text display-inline="no-display-inline">For construction of buildings, recreation
facilities, roads, trails, and appurtenant facilities,
$8,626,000, to remain available until
expended.</text>
</appropriations-small><appropriations-small id="id033E9B6992454354ABE7B30ED64A89AD"><header>Land acquisition</header><text display-inline="no-display-inline">For expenses necessary to carry out sections
205, 206, and 318(d) of Public Law 94–579, including administrative expenses
and acquisition of lands or waters, or interests therein,
$28,650,000, to be derived from the Land and
Water Conservation Fund and to remain available until
expended.</text>
</appropriations-small><appropriations-small id="id145AD63FC0A64EC3B0217F5992028540"><header>Oregon and california grant
lands</header><text display-inline="no-display-inline">For expenses necessary
for management, protection, and development of resources and for construction,
operation, and maintenance of access roads, reforestation, and other
improvements on the revested Oregon and California Railroad grant lands, on
other Federal lands in the Oregon and California land-grant counties of Oregon,
and on adjacent rights-of-way; and acquisition of lands or interests therein,
including existing connecting roads on or adjacent to such grant lands;
$111,557,000, to remain available until
expended: <italic>Provided</italic>, That 25 percent of the aggregate of all
receipts during the current fiscal year from the revested Oregon and California
Railroad grant lands is hereby made a charge against the Oregon and California
land-grant fund and shall be transferred to the General Fund in the Treasury in
accordance with the second paragraph of subsection (b) of title II of the Act
of August 28, 1937 (50 Stat. 876).</text>
</appropriations-small><appropriations-small id="id75A80509F8A6437E90E66D809D0A3C04"><header>Forest ecosystem health and recovery
fund</header>
</appropriations-small><appropriations-small id="id7CF76A66637F4CA9AC4713816560C83C"><header>(revolving fund, special
account)</header><text display-inline="no-display-inline">In addition to the
purposes authorized in Public Law 102–381, funds made available in the Forest
Ecosystem Health and Recovery Fund can be used for the purpose of planning,
preparing, implementing and monitoring salvage timber sales and forest
ecosystem health and recovery activities, such as release from competing
vegetation and density control treatments. The Federal share of receipts
(defined as the portion of salvage timber receipts not paid to the counties
under 43 U.S.C. 1181f and 43 U.S.C. 1181f–1 et seq., and Public Law 106–393)
derived from treatments funded by this account shall be deposited into the
Forest Ecosystem Health and Recovery Fund.</text>
</appropriations-small><appropriations-small id="id6C8810AF21E44BDD86AAD598B5BA2A5D"><header>Range improvements</header><text display-inline="no-display-inline">For rehabilitation, protection, and
acquisition of lands and interests therein, and improvement of Federal
rangelands pursuant to section 401 of the <act-name parsable-cite="FLPMA">Federal Land Policy and Management Act of 1976</act-name>
(43 U.S.C. 1701), notwithstanding any other Act, sums equal to 50 percent of
all moneys received during the prior fiscal year under sections 3 and 15 of the
Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount designated for range
improvements from grazing fees and mineral leasing receipts from Bankhead-Jones
lands transferred to the Department of the Interior pursuant to law, but not
less than $10,000,000, to remain available until
expended: <italic>Provided</italic>, That not to exceed
$600,000 shall be available for administrative
expenses.</text>
</appropriations-small><appropriations-small id="id47C5E8BF36234109A96C43DBD4B09975"><header>Service charges, deposits, and
forfeitures</header><text display-inline="no-display-inline">For administrative
expenses and other costs related to processing application documents and other
authorizations for use and disposal of public lands and resources, for costs of
providing copies of official public land documents, for monitoring
construction, operation, and termination of facilities in conjunction with use
authorizations, and for rehabilitation of damaged property, such amounts as may
be collected under Public Law 94–579, as amended, and Public Law 93–153, to
remain available until expended: <italic>Provided</italic>, That,
notwithstanding any provision to the contrary of section 305(a) of Public Law
94–579 (43 U.S.C. 1735(a)), any moneys that have been or will be received
pursuant to that section, whether as a result of forfeiture, compromise, or
settlement, if not appropriate for refund pursuant to section 305(c) of that
Act (43 U.S.C. 1735(c)), shall be available and may be expended under the
authority of this Act by the Secretary to improve, protect, or rehabilitate any
public lands administered through the Bureau of Land Management which have been
damaged by the action of a resource developer, purchaser, permittee, or any
unauthorized person, without regard to whether all moneys collected from each
such action are used on the exact lands damaged which led to the action:
<italic>Provided further</italic>, That any such moneys that are in excess of
amounts needed to repair damage to the exact land for which funds were
collected may be used to repair other damaged public
lands.</text>
</appropriations-small><appropriations-small id="idBA2624386E2F419B8FBFD7473DE9B4B7"><header>Miscellaneous trust funds</header><text display-inline="no-display-inline">In addition to amounts authorized to be
expended under existing laws, there is hereby appropriated such amounts as may
be contributed under section 307 of the Act of October 21, 1976 (43 U.S.C.
1701), and such amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under section
211(b) of that Act, to remain available until
expended.</text>
</appropriations-small><appropriations-small id="idABB6144DE2A54AB5ABE72B4F5EFD158A"><header>Administrative provisions</header><text display-inline="no-display-inline">The Bureau of Land Management may carry out
the operations funded under this Act by direct expenditure, contracts, grants,
cooperative agreements and reimbursable agreements with public and private
entities. Projects funded pursuant to a written commitment by a State
government to provide an identified amount of money in support of the project
may be carried out by the bureau upon receipt of the written commitment.
Appropriations for the Bureau of Land Management (BLM) shall be available for
purchase, erection, and dismantlement of temporary structures, and alteration
and maintenance of necessary buildings and appurtenant facilities to which the
United States has title; up to $100,000 for
payments, at the discretion of the Secretary, for information or evidence
concerning violations of laws administered by the Bureau; miscellaneous and
emergency expenses of enforcement activities authorized or approved by the
Secretary and to be accounted for solely on the Secretary's certificate, not to
exceed $10,000: <italic>Provided</italic>, That
notwithstanding 44 U.S.C. 501, the Bureau may, under cooperative cost-sharing
and partnership arrangements authorized by law, procure printing services from
cooperators in connection with jointly produced publications for which the
cooperators share the cost of printing either in cash or in services, and the
Bureau determines the cooperator is capable of meeting accepted quality
standards: <italic>Provided further</italic>, That projects to be funded
pursuant to a written commitment by a State government to provide an identified
amount of money in support of the project may be carried out by the Bureau on a
reimbursable basis. Appropriations herein made shall not be available for the
destruction of healthy, unadopted, wild horses and burros in the care of the
Bureau of Land Management or its contractors or for the sale of wild horses and
burros that results in their destruction for processing into commercial
products.</text>
</appropriations-small><appropriations-intermediate id="id69146065E88D476E8088ABAC591B2E2F"><header>United states fish and wildlife
service</header>
</appropriations-intermediate><appropriations-small id="id619DA7AC753B4046B729EB361C36B3F7"><header>Resource management</header><text display-inline="no-display-inline">For necessary expenses of the United States
Fish and Wildlife Service, as authorized by law, and for scientific and
economic studies, general administration, and for the performance of other
authorized functions related to such resources,
$1,244,386,000, to remain available until
September 30, 2011 except as otherwise provided herein:
<italic>Provided,</italic> That $2,500,000 is
for high priority projects, which shall be carried out by the Youth
Conservation Corps: <italic>Provided further,</italic> That not to exceed
$22,103,000 shall be used for implementing
subsections (a), (b), (c), and (e) of section 4 of the Endangered Species Act,
as amended, (except for processing petitions, developing and issuing proposed
and final regulations, and taking any other steps to implement actions
described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which
not to exceed $11,632,000 shall be used for any
activity regarding the designation of critical habitat, pursuant to subsection
(a)(3), excluding litigation support, for species listed pursuant to subsection
(a)(1) prior to October 1, 2009: <italic>Provided further,</italic> That of the
amount available for law enforcement, up to
$400,000, to remain available until expended,
may at the discretion of the Secretary be used for payment for information,
rewards, or evidence concerning violations of laws administered by the Service,
and miscellaneous and emergency expenses of enforcement activity, authorized or
approved by the Secretary and to be accounted for solely on the Secretary's
certificate: <italic>Provided further,</italic> That of the amount provided for
environmental contaminants, up to $1,000,000 may
remain available until expended for contaminant sample
analyses.</text>
</appropriations-small><appropriations-small id="id8AA7C3F39150487D89A2E11C4538FB46"><header>Construction</header>
</appropriations-small><appropriations-small id="id8BD172C451E34AA4A01A14E41C193274"><text display-inline="no-display-inline">For
construction, improvement, acquisition, or removal of buildings and other
facilities required in the conservation, management, investigation, protection,
and utilization of fishery and wildlife resources, and the acquisition of lands
and interests therein; $39,741,000, to remain
available until expended.</text>
</appropriations-small><appropriations-small id="id00C0CAD8949E437F8E80D25839D559F3"><header>Land acquisition</header><text display-inline="no-display-inline">For expenses necessary to carry out the
<act-name parsable-cite="LWCFA">Land and Water Conservation Fund Act of
1965</act-name>, as amended (16 U.S.C. 460l–4 through 11), including
administrative expenses, and for acquisition of land or waters, or interest
therein, in accordance with statutory authority applicable to the United States
Fish and Wildlife Service, $82,790,000, to be
derived from the Land and Water Conservation Fund and to remain available until
expended, of which, notwithstanding 16 U.S.C. 460l–9, not more than
$1,500,000 shall be for land conservation
partnerships authorized by the Highlands Conservation Act of 2004:
<italic>Provided</italic>, That none of the funds appropriated for specific
land acquisition projects can be used to pay for any administrative overhead,
planning or other management costs.</text>
</appropriations-small><appropriations-small id="id340068250D5F46FF964E526C137724CC"><header>Cooperative endangered species
conservation fund</header>
</appropriations-small><appropriations-small id="idDB6C479AFFFF41759E8FE192C87C110F"><text display-inline="no-display-inline">For
expenses necessary to carry out section 6 of the <act-name parsable-cite="ESA">Endangered Species Act of 1973</act-name> (16 U.S.C. 1531
et seq.), as amended, $85,001,000, to remain
available until expended, of which $30,307,000
is to be derived from the Cooperative Endangered Species Conservation Fund, of
which $5,146,000 shall be for the Idaho Salmon
and Clearwater River Basins Habitat Account pursuant to the Snake River Water
Rights Act of 2004; and of which $54,694,000 is
to be derived from the Land and Water Conservation
Fund.</text>
</appropriations-small><appropriations-small id="id197CBF96E88D4B609ED2801FAB839CC3"><header>National wildlife refuge
fund</header><text display-inline="no-display-inline">For expenses necessary to
implement the Act of October 17, 1978 (16 U.S.C. 715s),
$14,500,000.</text>
</appropriations-small><appropriations-small id="id3953E6D913D2495B9FEB70AC65EF48A6"><header>North american wetlands conservation
fund</header><text display-inline="no-display-inline">For expenses necessary to
carry out the provisions of the North American Wetlands Conservation Act, as
amended (16 U.S.C. 4401–4414), $45,147,000, to
remain available until expended.</text>
</appropriations-small><appropriations-small id="id36E29D667E464AD3AB6704A09F20B1E9"><header>Neotropical migratory bird
conservation</header><text display-inline="no-display-inline">For expenses
necessary to carry out the Neotropical Migratory Bird Conservation Act, as
amended, (16 U.S.C. 6101 et seq.), $5,000,000,
to remain available until expended.</text>
</appropriations-small><appropriations-small id="id61A72A561FEB47C692A92719A0AA13EA"><header>Multinational species conservation
fund</header><text display-inline="no-display-inline">For expenses necessary to
carry out the African Elephant Conservation Act (16 U.S.C. 4201–4203,
4211–4214, 4221–4225, 4241–4246, and 1538), the Asian Elephant Conservation Act
of 1997 (16 U.S.C. 4261–4266), the Rhinoceros and Tiger Conservation Act of
1994 (16 U.S.C. 5301–5306), the Great Ape Conservation Act of 2000 (16 U.S.C.
6301–6305), and the Marine Turtle Conservation Act of 2004 (16 U.S.C.
6601–6606), $11,500,000, to remain available
until expended.</text>
</appropriations-small><appropriations-small id="id8A0107995C75414D85730D7AAE5D2E4B"><header>State and tribal wildlife
grants</header><text display-inline="no-display-inline">For wildlife
conservation grants to States and to the District of Columbia, Puerto Rico,
Guam, the United States Virgin Islands, the Northern Mariana Islands, American
Samoa, and Indian tribes under the provisions of the Fish and Wildlife Act of
1956 and the Fish and Wildlife Coordination Act, for the development and
implementation of programs for the benefit of wildlife and their habitat,
including species that are not hunted or fished,
$80,000,000, to remain available until expended:
<italic>Provided</italic>, That of the amount provided herein,
$7,000,000 is for a competitive grant program
for Indian tribes not subject to the remaining provisions of this
appropriation: <italic>Provided further</italic>, That
$5,000,000 is for a competitive grant program
for States, territories, and other jurisdictions with approved plans, not
subject to the remaining provisions of this appropriation: <italic>Provided
further</italic>, That the Secretary shall, for fiscal year 2010 and each
fiscal year thereafter, after deducting
$12,000,000 and administrative expenses,
apportion the amount provided herein in the following manner: (1) to the
District of Columbia and to the Commonwealth of Puerto Rico, each a sum equal
to not more than one-half of 1 percent thereof; and (2) to Guam, American
Samoa, the United States Virgin Islands, and the Commonwealth of the Northern
Mariana Islands, each a sum equal to not more than one-fourth of 1 percent
thereof: <italic>Provided further</italic>, That the Secretary shall, for
fiscal year 2010 and each fiscal year thereafter, apportion the remaining
amount in the following manner: (1) one-third of which is based on the ratio to
which the land area of such State bears to the total land area of all such
States; and (2) two-thirds of which is based on the ratio to which the
population of such State bears to the total population of all such States:
<italic>Provided further</italic>, That the amounts apportioned under this
paragraph shall be adjusted equitably so that no State shall, for fiscal year
2010 and each fiscal year thereafter, be apportioned a sum which is less than 1
percent of the amount available for apportionment under this paragraph for any
fiscal year or more than 5 percent of such amount: <italic>Provided
further</italic>, That the Federal share of planning grants shall not, for
fiscal year 2010 and each fiscal year thereafter, exceed 75 percent of the
total costs of such projects and the Federal share of implementation grants
shall not, for fiscal year 2010 and each fiscal year thereafter, exceed 50
percent of the total costs of such projects: <italic>Provided further</italic>,
That the non-Federal share of such projects may not be derived from Federal
grant programs: <italic>Provided further</italic>, That any amount apportioned
in 2010 to any State, territory, or other jurisdiction that remains unobligated
as of September 30, 2011, shall be reapportioned, together with funds
appropriated in 2012, in the manner provided
herein.</text>
</appropriations-small><appropriations-small id="id6D4D07D468C84046BD9E57AF18E709B4"><header>Administrative provisions</header><text display-inline="no-display-inline">The Fish and Wildlife Service may carry out
the operations of Service programs by direct expenditure, contracts, grants,
cooperative agreements and reimbursable agreements with public and private
entities. Appropriations and funds available to the United States Fish and
Wildlife Service shall be available for repair of damage to public roads within
and adjacent to reservation areas caused by operations of the Service; options
for the purchase of land at not to exceed $1 for
each option; facilities incident to such public recreational uses on
conservation areas as are consistent with their primary purpose; and the
maintenance and improvement of aquaria, buildings, and other facilities under
the jurisdiction of the Service and to which the United States has title, and
which are used pursuant to law in connection with management, and investigation
of fish and wildlife resources: <italic>Provided</italic>, That notwithstanding
44 U.S.C. 501, the Service may, under cooperative cost sharing and partnership
arrangements authorized by law, procure printing services from cooperators in
connection with jointly produced publications for which the cooperators share
at least one-half the cost of printing either in cash or services and the
Service determines the cooperator is capable of meeting accepted quality
standards: <italic>Provided further</italic>, That the Service may accept
donated aircraft as replacements for existing
aircraft.</text>
</appropriations-small><appropriations-intermediate id="id7F6D3453BF904943BAD91DC62E7782D8"><header>National park
service</header>
</appropriations-intermediate><appropriations-small id="id3CF6A0F4F41B4CA4842779DBC565DE22"><header>Operation of the national park
system</header><text display-inline="no-display-inline">For expenses necessary
for the management, operation, and maintenance of areas and facilities
administered by the National Park Service (including expenses to carry out
programs of the United States Park Police), and for the general administration
of the National Park Service, $2,261,309,000, of
which $9,982,000 for planning and interagency
coordination in support of Everglades restoration and
$99,622,000 for maintenance, repair or
rehabilitation projects for constructed assets, operation of the National Park
Service automated facility management software system, and comprehensive
facility condition assessments shall remain available until September 30,
2011.</text>
</appropriations-small><appropriations-small id="idF118A6F356304481B49042D5FC90922A"><header>National recreation and
preservation</header><text display-inline="no-display-inline">For expenses
necessary to carry out recreation programs, natural programs, cultural
programs, heritage partnership programs, environmental compliance and review,
international park affairs, statutory or contractual aid for other activities,
and grant administration, not otherwise provided for,
$67,438,000, of which
$3,175,000 shall be for Preserve America grants
as authorized by section 7302 of the Omnibus Public Land Management Act of 2009
(Public Law 111–11).</text>
</appropriations-small><appropriations-small id="idA7B5D79668FF4D288778F34E51130D57"><header>Historic preservation
fund</header>
</appropriations-small><appropriations-small id="id1D47A37577ED469783A432E3C440F994"><text display-inline="no-display-inline">For
expenses necessary in carrying out the Historic Preservation Act of 1966, as
amended (16 U.S.C. 470), and the Omnibus Parks and Public Lands Management Act
of 1996 (Public Law 104–333), $74,500,000, to be
derived from the Historic Preservation Fund and to remain available until
September 30, 2011; of which $20,000,000 shall
be for Save America's Treasures grants as authorized by section 7303 of the
Omnibus Public Land Management Act of 2009 (Public Law
111–11).</text>
</appropriations-small><appropriations-small id="id0D54237F69C4427DB94136E65E4CC203"><header>Construction</header>
</appropriations-small><appropriations-small id="id04D6D52C0DAE40F9AD4745A68AFDDBDB"><text display-inline="no-display-inline">For
construction, improvements, repair or replacement of physical facilities,
including a portion of the expense for the modifications authorized by section
104 of the Everglades National Park Protection and Expansion Act of 1989,
$219,731,000, to remain available until
expended.</text>
</appropriations-small><appropriations-small id="id9C58A6EB5858406AB18D327203415FDC"><header>Land and water conservation
fund</header>
</appropriations-small><appropriations-small id="id7F09B02FAF9949489876CB4133455779"><header>(rescission)</header><text display-inline="no-display-inline">The contract authority provided for fiscal
year 2010 by 16 U.S.C. 460l–10a is rescinded.</text>
</appropriations-small><appropriations-small id="idB0F0B3F78C114ABEBB136706A81E12E7"><header>Land acquisition and state
assistance</header>
</appropriations-small><appropriations-small id="id16223B70ED6C4DAF9E77FE34D6E5AA3B"><text display-inline="no-display-inline">For
expenses necessary to carry out the Land and Water Conservation Act of 1965, as
amended (16 U.S.C. 460l–4 through 11), including administrative expenses, and
for acquisition of lands or waters, or interest therein, in accordance with the
statutory authority applicable to the National Park Service,
$118,586,000, to be derived from the Land and
Water Conservation Fund and to remain available until expended, of which
$35,000,000 is for the State assistance program
and of which $4,000,000 shall be for the
American Battlefield Protection Program grants as authorized by section 7301 of
the Omnibus Public Land Management Act of 2009 (Public Law
111–11).</text>
</appropriations-small><appropriations-small id="id12C381A12B3C478D8AB197DEEE660D63"><header>Administrative
provisions</header>
</appropriations-small><appropriations-small id="id656B411819E74C15B8A4DC8ECB3F1137"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">In addition to other
uses set forth in section 407(d) of Public Law 105–391, franchise fees credited
to a sub-account shall be available for expenditure by the Secretary, without
further appropriation, for use at any unit within the National Park System to
extinguish or reduce liability for Possessory Interest or leasehold surrender
interest. Such funds may only be used for this purpose to the extent that the
benefiting unit anticipated franchise fee receipts over the term of the
contract at that unit exceed the amount of funds used to extinguish or reduce
liability. Franchise fees at the benefiting unit shall be credited to the
sub-account of the originating unit over a period not to exceed the term of a
single contract at the benefiting unit, in the amount of funds so expended to
extinguish or reduce liability.</text><text display-inline="no-display-inline">For the costs of administration of the Land
and Water Conservation Fund grants authorized by section 105(a)(2)(B) of the
Gulf of Mexico Energy Security Act of 2006 (Public Law 109–432), the National
Park Service may retain up to 3 percent of the amounts which are authorized to
be disbursed under such section, such retained amounts to remain available
until expended.</text>
</appropriations-small><appropriations-small id="id7099C4F037584DF2AAB03B3A77B92D3D"><text display-inline="no-display-inline">National Park Service funds may be
transferred to the Federal Highway Administration (FHWA), Department of
Transportation, for purposes authorized under 23 U.S.C. 204. Transfers may
include a reasonable amount for FHWA administrative support
costs.</text>
</appropriations-small><appropriations-intermediate id="idD2DAECFAD8524E219BF0725A49A3119C"><header>United states geological
survey</header>
</appropriations-intermediate><appropriations-small id="idCF15A172B76743F6A9313CD637B47CF8"><header>Surveys, investigations, and
research</header><text display-inline="no-display-inline">For expenses
necessary for the United States Geological Survey to perform surveys,
investigations, and research covering topography, geology, hydrology, biology,
and the mineral and water resources of the United States, its territories and
possessions, and other areas as authorized by 43 U.S.C. 31, 1332, and 1340;
classify lands as to their mineral and water resources; give engineering
supervision to power permittees and Federal Energy Regulatory Commission
licensees; administer the minerals exploration program (30 U.S.C. 641); conduct
inquiries into the economic conditions affecting mining and materials
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and
related purposes as authorized by law; and to publish and disseminate data
relative to the foregoing activities;
$1,104,340,000, to remain available until
September 30, 2011, of which $65,561,000 shall
be available only for cooperation with States or municipalities for water
resources investigations; of which $40,150,000
shall remain available until expended for satellite operations; and of which
$7,321,000 shall be available until expended for
deferred maintenance and capital improvement projects that exceed
$100,000 in cost: <italic>Provided,</italic>
That none of the funds provided for the biological research activity shall be
used to conduct new surveys on private property, unless specifically authorized
in writing by the property owner: <italic>Provided further,</italic> That no
part of this appropriation shall be used to pay more than one-half the cost of
topographic mapping or water resources data collection and investigations
carried on in cooperation with States and
municipalities.</text>
</appropriations-small><appropriations-small id="id679AD73AA3A94BEAAE1729B341FFB976"><header>Administrative provisions</header><text display-inline="no-display-inline">From within the amount appropriated for
activities of the United States Geological Survey such sums as are necessary
shall be available for reimbursement to the General Services Administration for
security guard services; contracting for the furnishing of topographic maps and
for the making of geophysical or other specialized surveys when it is
administratively determined that such procedures are in the public interest;
construction and maintenance of necessary buildings and appurtenant facilities;
acquisition of lands for gauging stations and observation wells; expenses of
the United States National Committee on Geology; and payment of compensation
and expenses of persons on the rolls of the Survey duly appointed to represent
the United States in the negotiation and administration of interstate compacts:
<italic>Provided,</italic> That activities funded by appropriations herein made
may be accomplished through the use of contracts, grants, or cooperative
agreements as defined in 31 U.S.C. 6302 et seq.: <italic>Provided
further,</italic> That the United States Geological Survey may enter into
contracts or cooperative agreements directly with individuals or indirectly
with institutions or nonprofit organizations, without regard to 41 U.S.C. 5,
for the temporary or intermittent services of students or recent graduates, who
shall be considered employees for the purpose of chapters 57 and 81 of title 5,
United States Code, relating to compensation for travel and work injuries, and
chapter 171 of title 28, United States Code, relating to tort claims, but shall
not be considered to be Federal employees for any other
purposes.</text>
</appropriations-small><appropriations-intermediate id="id1D963E7E0406462494C70BAA9A62A422"><header>Minerals management
service</header>
</appropriations-intermediate><appropriations-small id="id7E91CCE4A2A04E77A72ADC61C083AB66"><header>Royalty and offshore minerals
management</header><text display-inline="no-display-inline">For expenses
necessary for minerals leasing and environmental studies, regulation of
industry operations, and collection of royalties, as authorized by law; for
enforcing laws and regulations applicable to oil, gas, and other minerals
leases, permits, licenses and operating contracts; for energy-related or other
authorized marine-related purposes on the Outer Continental Shelf; and for
matching grants or cooperative agreements,
$175,217,000, to remain available until
September 30, 2011, of which $89,374,000 shall
be available for royalty management activities; and an amount not to exceed
$156,730,000, to be credited to this
appropriation and to remain available until expended, from additions to
receipts resulting from increases to rates in effect on August 5, 1993, and
from cost recovery fees: <italic>Provided,</italic> That notwithstanding 31
U.S.C. 3302, in fiscal year 2010, such amounts as are assessed under 31 U.S.C.
9701 shall be collected and credited to this account and shall be available
until expended for necessary expenses: <italic>Provided further,</italic> That
to the extent $156,730,000 in addition to
receipts are not realized from the sources of receipts stated above, the amount
needed to reach $156,730,000 shall be credited
to this appropriation from receipts resulting from rental rates for Outer
Continental Shelf leases in effect before August 5, 1993: <italic>Provided
further,</italic> That the term <term>qualified Outer Continental Shelf
revenues</term>, as defined in section 102(9)(A) of the Gulf of Mexico Energy
Security Act, division C of Public Law 109–432, shall include only the portion
of rental revenues that would have been collected at the rental rates in effect
before August 5, 1993: <italic>Provided further</italic>, That not to exceed
$3,000 shall be available for reasonable
expenses related to promoting volunteer beach and marine cleanup activities:
<italic>Provided further</italic>, That notwithstanding any other provision of
law, $15,000 under this heading shall be
available for refunds of overpayments in connection with certain Indian leases
in which the Director of MMS concurred with the claimed refund due, to pay
amounts owed to Indian allottees or tribes, or to correct prior unrecoverable
erroneous payments:
<proviso><italic>Provided further</italic></proviso>, That for the
costs of administration of the Coastal Impact Assistance Program authorized by
section 31 of the Outer Continental Shelf Lands Act, as amended (43 U.S.C.
1456a), MMS in fiscal year 2010 may retain up to 4 percent of the amounts which
are disbursed under section 31(b)(1), such retained amounts to remain available
until expended.</text><text display-inline="no-display-inline">For an
additional amount, $10,000,000, to remain
available until expended, which shall be derived from non-refundable inspection
fees collected in fiscal year 2010, as provided in this Act:
<proviso><italic>Provided</italic></proviso>, That to the extent that
such amounts are not realized from such fees, the amount needed to reach
$10,000,000 shall be credited to this
appropriation from receipts resulting from rental rates for Outer Continental
Shelf leases in effect before August 5, 1993.</text>
</appropriations-small><appropriations-small id="id65C1A5A83F874A95A6DD1EFD3D4A3E56"><header>Oil spill research</header><text display-inline="no-display-inline">For necessary expenses to carry out title I,
section 1016, title IV, sections 4202 and 4303, title VII, and title VIII,
section 8201 of the Oil Pollution Act of 1990,
$6,303,000, which shall be derived from the Oil
Spill Liability Trust Fund, to remain available until
expended.</text>
</appropriations-small><appropriations-small id="id96AD043EB57C4265B4A868C15F0F6C82"><header>ADMINISTRATIVE PROVISION</header><text display-inline="no-display-inline">Notwithstanding the provisions of section
35(b) of the Mineral Leasing Act, as amended (30 U.S.C. 191(b)), the Secretary
shall deduct 2 percent from the amount payable to each State in fiscal year
2010 and deposit the amount deducted to miscellaneous receipts of the
Treasury.</text>
</appropriations-small><appropriations-intermediate id="id92F7743E224347A48109CF2DAD5CEF9F"><header>Office of surface mining reclamation
and enforcement</header>
</appropriations-intermediate><appropriations-small id="id519D030D9F4449F1B8476043C3D75FDE"><header>Regulation and technology</header><text display-inline="no-display-inline">For necessary expenses to carry out the
provisions of the Surface Mining Control and Reclamation Act of 1977, Public
Law 95–87, as amended, $127,180,000, to remain
available until September 30, 2011: <italic>Provided,</italic> That
appropriations for the Office of Surface Mining Reclamation and Enforcement may
provide for the travel and per diem expenses of State and tribal personnel
attending Office of Surface Mining Reclamation and Enforcement sponsored
training.</text>
</appropriations-small><appropriations-small id="idFE4094821E89464490746EFE1322C249"><header>Abandoned mine reclamation
fund</header>
</appropriations-small><appropriations-small id="id0DD9EA3628A749C397FEC1328DD26766"><text display-inline="no-display-inline">For
necessary expenses to carry out title IV of the Surface Mining Control and
Reclamation Act of 1977, Public Law 95–87, as amended,
$39,588,000, to be derived from receipts of the
Abandoned Mine Reclamation Fund and to remain available until expended:
<italic>Provided,</italic> That pursuant to Public Law 97–365, the Department
of the Interior is authorized to use up to 20 percent from the recovery of the
delinquent debt owed to the United States Government to pay for contracts to
collect these debts: <italic>Provided further,</italic> That funds made
available under title IV of Public Law 95–87 may be used for any required
non-Federal share of the cost of projects funded by the Federal Government for
the purpose of environmental restoration related to treatment or abatement of
acid mine drainage from abandoned mines:
<proviso><italic>Provided further</italic></proviso>, That such
projects must be consistent with the purposes and priorities of the Surface
Mining Control and Reclamation Act: <italic>Provided further,</italic> That
amounts provided under this heading may be used for the travel and per diem
expenses of State and tribal personnel attending Office of Surface Mining
Reclamation and Enforcement sponsored training.</text>
</appropriations-small><appropriations-small id="idB2AFCF8DCB7C495EB59EA8DBC4DBFFEB"><header>Administrative provision</header><text display-inline="no-display-inline">With funds available for the Technical
Innovation and Professional Services program in this Act, the Secretary may
transfer title for computer hardware, software and other technical equipment to
State and tribal regulatory and reclamation
programs.</text>
</appropriations-small><appropriations-intermediate id="id6D95A315E18C4126B3D64FCF0BD8BFC3"><header>Bureau of indian
affairs</header>
</appropriations-intermediate><appropriations-small id="idFB4DDC55A155487DB397DF4C6DDE4389"><header>Operation of indian
programs</header>
</appropriations-small><appropriations-small id="id4AECE950AB2F42F48E7143520CB38F20"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For expenses necessary
for the operation of Indian programs, as authorized by law, including the
Snyder Act of November 2, 1921 (25 U.S.C. 13), the
<act-name parsable-cite="ISDA">Indian Self-Determination and Education
Assistance Act</act-name> of 1975 (25 U.S.C. 450 et seq.), as amended, the
Education Amendments of 1978 (25 U.S.C. 2001–2019), and the Tribally Controlled
Schools Act of 1988 (25 U.S.C. 2501 et seq.), as amended,
$2,309,322,000, to remain available until
September 30, 2011 except as otherwise provided herein; of which not to exceed
$8,500 may be for official reception and
representation expenses; of which not to exceed
$74,915,000 shall be for welfare assistance
payments: <italic>Provided,</italic> That in cases of designated Federal
disasters, the Secretary may exceed such cap, from the amounts provided herein,
to provide for disaster relief to Indian communities affected by the disaster;
of which, notwithstanding any other provision of law, including but not limited
to the <act-name parsable-cite="ISDEAA">Indian Self-Determination
Act</act-name> of 1975, as amended, not to exceed
$154,794,000 shall be available for payments for
contract support costs associated with ongoing contracts, grants, compacts, or
annual funding agreements entered into with the Bureau prior to or during
fiscal year 2010, as authorized by such Act, except that tribes and tribal
organizations may use their tribal priority allocations for unmet contract
support costs of ongoing contracts, grants, or compacts, or annual funding
agreements and for unmet welfare assistance costs; of which not to exceed
$566,702,000 for school operations costs of
Bureau-funded schools and other education programs shall become available on
July 1, 2010, and shall remain available until September 30, 2011; of which
$25,000,000 shall be for public safety and
justice programs as authorized by the Emergency Fund for Indian Safety and
Health, established by section 601 of Public Law 110–293 (25 U.S.C. 443c); and
of which not to exceed $60,958,000 shall remain
available until expended for housing improvement, road maintenance, attorney
fees, litigation support, the Indian Self-Determination Fund, land records
improvement, and the Navajo-Hopi Settlement Program:
<italic>Provided</italic><italic>further</italic>, That notwithstanding any
other provision of law, including but not limited to the
<act-name parsable-cite="ISDEAA">Indian Self-Determination Act</act-name> of
1975, as amended, and 25 U.S.C. 2008, not to exceed
$43,373,000 within and only from such amounts
made available for school operations shall be available for administrative cost
grants associated with ongoing grants entered into with the Bureau prior to or
during fiscal year 2009 for the operation of Bureau-funded schools, and up to
$500,000 within and only from such amounts made
available for administrative cost grants shall be available for the
transitional costs of initial administrative cost grants to grantees that
assume operation on or after July 1, 2009, of Bureau-funded schools:
<italic>Provided further,</italic> That any forestry funds allocated to a tribe
which remain unobligated as of September 30, 2011, may be transferred during
fiscal year 2012 to an Indian forest land assistance account established for
the benefit of the holder of the funds within the holder's trust fund account:
<italic>Provided further,</italic> That any such unobligated balances not so
transferred shall expire on September 30, 2012:
<proviso><italic>Provided further</italic></proviso>, That in order to
enhance the safety of Bureau field employees, the Bureau may use funds to
purchase uniforms or other identifying articles of clothing for
personnel.</text>
</appropriations-small><appropriations-small id="id06352E889DEB497885BE2A6D3BE72775"><header>Construction</header>
</appropriations-small><appropriations-small id="id5332BB0333DB4510B8200D2644DA10DF"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For construction,
repair, improvement, and maintenance of irrigation and power systems,
buildings, utilities, and other facilities, including architectural and
engineering services by contract; acquisition of lands, and interests in lands;
and preparation of lands for farming, and for construction of the Navajo Indian
Irrigation Project pursuant to Public Law 87–483,
$225,000,000, to remain available until
expended: <italic>Provided,</italic> That such amounts as may be available for
the construction of the Navajo Indian Irrigation Project may be transferred to
the Bureau of Reclamation: <italic>Provided further,</italic> That not to
exceed 6 percent of contract authority available to the Bureau of Indian
Affairs from the Federal Highway Trust Fund may be used to cover the road
program management costs of the Bureau: <italic>Provided further,</italic> That
any funds provided for the Safety of Dams program pursuant to 25 U.S.C. 13
shall be made available on a nonreimbursable basis: <italic>Provided
further,</italic> That for fiscal year 2010, in implementing new construction
or facilities improvement and repair project grants in excess of
$100,000 that are provided to grant schools
under Public Law 100–297, as amended, the Secretary of the Interior shall use
the Administrative and Audit Requirements and Cost Principles for Assistance
Programs contained in 43 CFR part 12 as the regulatory requirements:
<italic>Provided further,</italic> That such grants shall not be subject to
section 12.61 of 43 CFR; the Secretary and the grantee shall negotiate and
determine a schedule of payments for the work to be performed: <italic>Provided
further,</italic> That in considering grant applications, the Secretary shall
consider whether such grantee would be deficient in assuring that the
construction projects conform to applicable building standards and codes and
Federal, tribal, or State health and safety standards as required by 25 U.S.C.
2005(b), with respect to organizational and financial management capabilities:
<italic>Provided further,</italic> That if the Secretary declines a grant
application, the Secretary shall follow the requirements contained in 25 U.S.C.
2504(f): <italic>Provided further,</italic> That any disputes between the
Secretary and any grantee concerning a grant shall be subject to the disputes
provision in 25 U.S.C. 2507(e): <italic>Provided further,</italic> That in
order to ensure timely completion of construction projects, the Secretary may
assume control of a project and all funds related to the project, if, within
eighteen months of the date of enactment of this Act, any grantee receiving
funds appropriated in this Act or in any prior Act, has not completed the
planning and design phase of the project and commenced construction:
<italic>Provided further,</italic> That this appropriation may be reimbursed
from the Office of the Special Trustee for American Indians appropriation for
the appropriate share of construction costs for space expansion needed in
agency offices to meet trust reform
implementation.</text>
</appropriations-small><appropriations-small id="id5CE65030B6014DEEB71D77D307619046"><header>Indian land and water claim settlements
and miscellaneous payments to indians</header><text display-inline="no-display-inline">For payments and necessary administrative
expenses for implementation of Indian land and water claim settlements pursuant
to Public Laws 99–264, 100–580, 101–618, 108–447, 109–379, 109–479, 110–297,
and 111–11, and for implementation of other land and water rights settlements,
$47,380,000, to remain available until
expended.</text>
</appropriations-small><appropriations-small id="id05E09B2077A24995ABDD68B260A5EA55"><header>Indian Land Consolidation,
BIA</header><text display-inline="no-display-inline">For consolidation of
fractional interests in Indian lands and expenses associated with redetermining
and redistributing escheated interests in allotted lands, and for necessary
expenses to carry out the Indian Land Consolidation Act of 1983, as amended, by
direct expenditure or cooperative agreement,
$3,000,000, to remain available until
expended.</text>
</appropriations-small><appropriations-small id="id95E144715CBF45AA8743A892661896F6"><header>Indian guaranteed loan program
account</header><text display-inline="no-display-inline">For the cost of
guaranteed loans and insured loans, $8,215,000,
of which $1,629,000 is for administrative
expenses, as authorized by the Indian Financing Act of 1974, as amended:
<italic>Provided</italic>, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional Budget Act
of 1974: <italic>Provided further</italic>, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed or
insured, not to exceed
$93,807,956.</text>
</appropriations-small><appropriations-small id="id5EB4FCB2CC534A8382BDAE001A003241"><header>Administrative provisions</header><text display-inline="no-display-inline">The Bureau of Indian Affairs may carry out
the operation of Indian programs by direct expenditure, contracts, cooperative
agreements, compacts and grants, either directly or in cooperation with States
and other organizations.</text><text display-inline="no-display-inline">Notwithstanding 25 U.S.C. 15, the Bureau of
Indian Affairs may contract for services in support of the management,
operation, and maintenance of the Power Division of the San Carlos Irrigation
Project.</text><text display-inline="no-display-inline">Appropriations for the
Bureau of Indian Affairs (except the Revolving Fund for Loans Liquidating
Account, Indian Loan Guaranty and Insurance Fund Liquidating Account, Indian
Guaranteed Loan Financing Account, Indian Direct Loan Financing Account, and
the Indian Guaranteed Loan Program account) shall be available for expenses of
exhibits.</text><text display-inline="no-display-inline">Notwithstanding any
other provision of law, no funds available to the Bureau of Indian Affairs for
central office oversight and Executive Direction and Administrative Services
(except executive direction and administrative services funding for Tribal
Priority Allocations, regional offices, and facilities operations and
maintenance) shall be available for contracts, grants, compacts, or cooperative
agreements with the Bureau of Indian Affairs under the provisions of the
<act-name parsable-cite="ISDEAA">Indian Self-Determination Act</act-name> or
the Tribal Self-Governance Act of 1994 (Public Law 103–413).</text><text display-inline="no-display-inline">In the event any tribe returns
appropriations made available by this Act to the Bureau of Indian Affairs, this
action shall not diminish the Federal Government's trust responsibility to that
tribe, or the government-to-government relationship between the United States
and that tribe, or that tribe's ability to access future
appropriations.</text><text display-inline="no-display-inline">Notwithstanding
any other provision of law, no funds available to the Bureau, other than the
amounts provided herein for assistance to public schools under 25 U.S.C. 452 et
seq., shall be available to support the operation of any elementary or
secondary school in the State of Alaska.</text><text display-inline="no-display-inline">Appropriations made available in this or any
other Act for schools funded by the Bureau shall be available only to the
schools in the Bureau school system as of September 1, 1996. No funds available
to the Bureau shall be used to support expanded grades for any school or
dormitory beyond the grade structure in place or approved by the Secretary of
the Interior at each school in the Bureau school system as of October 1, 1995.
Funds made available under this Act may not be used to establish a charter
school at a Bureau-funded school (as that term is defined in section 1146 of
the Education Amendments of 1978 (25 U.S.C. 2026)), except that a charter
school that is in existence on the date of the enactment of this Act and that
has operated at a Bureau-funded school before September 1, 1999, may continue
to operate during that period, but only if the charter school pays to the
Bureau a pro rata share of funds to reimburse the Bureau for the use of the
real and personal property (including buses and vans), the funds of the charter
school are kept separate and apart from Bureau funds, and the Bureau does not
assume any obligation for charter school programs of the State in which the
school is located if the charter school loses such funding. Employees of
Bureau-funded schools sharing a campus with a charter school and performing
functions related to the charter schools operation and employees of a charter
school shall not be treated as Federal employees for purposes of chapter 171 of
title 28, United States Code.</text><text display-inline="no-display-inline">Notwithstanding any other provision of law,
including section 113 of title I of appendix C of Public Law 106–113, if in
fiscal year 2003 or 2004 a grantee received indirect and administrative costs
pursuant to a distribution formula based on section 5(f) of Public Law 101–301,
the Secretary shall continue to distribute indirect and administrative cost
funds to such grantee using the section 5(f) distribution
formula.</text>
</appropriations-small><appropriations-intermediate id="idC42242E1CDD647CABC02F537106B15C4"><header>Departmental
offices</header>
</appropriations-intermediate><appropriations-intermediate id="idA68B3FD13B27477A80A44A56B13A41B4"><header>Office of the
secretary</header>
</appropriations-intermediate><appropriations-small id="idD521889021C5451AA01529D68D05093B"><header>Salaries and expenses</header><text display-inline="no-display-inline">For necessary expenses for management of the
Department of the Interior, $118,836,000; of
which not to exceed $25,000 may be for official
reception and representation expenses; and of which up to
$1,000,000 shall be available for workers
compensation payments and unemployment compensation payments associated with
the orderly closure of the United States Bureau of Mines:
<italic>Provided,</italic> That, for fiscal year 2010 up to
$400,000 of the payments authorized by the Act
of October 20, 1976, as amended (31 U.S.C. 6901–6907) may be retained for
administrative expenses of the Payments in Lieu of Taxes Program:
<italic>Provided further,</italic> That no payment shall be made pursuant to
that Act to otherwise eligible units of local government if the computed amount
of the payment is less than $100:
<proviso><italic>Provided further</italic></proviso>, That for fiscal
years 2008 through 2012 the Secretary may reduce the payment authorized by 31
U.S.C. 6901–6907, as amended, for an individual county by the amount necessary
to correct prior year overpayments to that county:
<proviso><italic>Provided further</italic></proviso>, That for fiscal
years 2008 through 2012 the amount needed to correct a prior year underpayment
to an individual county shall be paid from any reductions for overpayments to
other counties and the amount necessary to cover any remaining underpayment is
hereby appropriated and shall be paid to individual counties using current
fiscal year funds.</text>
</appropriations-small><appropriations-intermediate id="idC480B34DE8CD47A4A05A7CD0EADE5529"><header>Insular
affairs</header>
</appropriations-intermediate><appropriations-small id="id84F396EB59164BA7836CAE55401FE98B"><header>Assistance to territories</header><text display-inline="no-display-inline">For expenses necessary for assistance to
territories under the jurisdiction of the Department of the Interior,
$81,095,000, of which: (1)
$71,815,000 shall remain available until
expended for technical assistance, including maintenance assistance, disaster
assistance, insular management controls, coral reef initiative activities, and
brown tree snake control and research; grants to the judiciary in American
Samoa for compensation and expenses, as authorized by law (48 U.S.C. 1661(c));
grants to the Government of American Samoa, in addition to current local
revenues, for construction and support of governmental functions; grants to the
Government of the Virgin Islands as authorized by law; grants to the Government
of Guam, as authorized by law; and grants to the Government of the Northern
Mariana Islands as authorized by law (Public Law 94–241; 90 Stat. 272); and (2)
$9,280,000 shall be available until September
30, 2011 for salaries and expenses of the Office of Insular Affairs:
<italic>Provided</italic>, That all financial transactions of the territorial
and local governments herein provided for, including such transactions of all
agencies or instrumentalities established or used by such governments, may be
audited by the Government Accountability Office, at its discretion, in
accordance with chapter 35 of title 31, United States Code: <italic>Provided
further</italic>, That Northern Mariana Islands Covenant grant funding shall be
provided according to those terms of the Agreement of the Special
Representatives on Future United States Financial Assistance for the Northern
Mariana Islands approved by Public Law 104–134: <italic>Provided
further</italic>, That the funds for the program of operations and maintenance
improvement are appropriated to institutionalize routine operations and
maintenance improvement of capital infrastructure with territorial
participation and cost sharing to be determined by the Secretary based on the
grantee's commitment to timely maintenance of its capital assets:
<italic>Provided further</italic>, That any appropriation for disaster
assistance under this heading in this Act or previous appropriations Acts may
be used as non-Federal matching funds for the purpose of hazard mitigation
grants provided pursuant to section 404 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170c):
<proviso><italic>Provided further</italic></proviso>, That at the
request of the Governor of Guam, the Secretary may transfer any mandatory or
discretionary funds appropriated, including those provided under Public Law
104–134, to the Secretary of Agriculture for the subsidy cost of direct or
guaranteed loans, plus not to exceed 3 percent of the amount of the subsidy
transferred for the cost of loan administration, for the purposes authorized by
the Rural Electrification Act of 1936 and section 306(a)(1) of the Consolidated
Farm and Rural Development Act for construction and repair projects in Guam,
and such funds shall remain available until expended:
<proviso><italic>Provided further</italic></proviso>, That such costs,
including the cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974:
<proviso><italic>Provided further</italic></proviso>, That such loans
or loan guarantees may be made without regard to the population of the area,
credit elsewhere requirements, and restrictions on the types of eligible
entities under the Rural Electrification Act of 1936 and section 306(a)(1) of
the Consolidated Farm and Rural Development Act:
<proviso><italic>Provided further</italic></proviso>, That any funds
transferred to the Secretary of Agriculture shall be in addition to funds
otherwise made available to make or guarantee loans under such
authorities.</text>
</appropriations-small><appropriations-small id="id28DF4FF53CD44AEABEB6E776AC9BF049"><header>Compact of free
association</header><text display-inline="no-display-inline">For grants and
necessary expenses, $5,318,000, to remain
available until expended, as provided for in sections 221(a)(2), 221(b), and
233 of the Compact of Free Association for the Republic of Palau; and section
221(a)(2) of the Compacts of Free Association for the Government of the
Republic of the Marshall Islands and the Federated States of Micronesia, as
authorized by Public Law 99–658 and Public Law 108–188:
<proviso><italic>Provided further</italic></proviso>, That at the
request of the Governor of Guam, the Secretary may transfer any mandatory or
discretionary funds appropriated, including those provided under section 104(e)
of Public Law 108–188, to the Secretary of Agriculture for the subsidy cost of
direct or guaranteed loans, plus not to exceed 3 percent of the amount of the
subsidy transferred for the cost of loan administration, for the purposes
authorized by the Rural Electrification Act of 1936 and section 306(a)(1) of
the Consolidated Farm and Rural Development Act for construction and repair
projects in Guam, and such funds shall remain available until expended:
<proviso><italic>Provided further</italic></proviso>, That such costs,
including the cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974:
<proviso><italic>Provided further</italic></proviso>, That such loans
or loan guarantees may be made without regard to the population of the area,
credit elsewhere requirements, and restrictions on the types of eligible
entities under the Rural Electrification Act of 1936 and section 306(a)(1) of
the Consolidated Farm and Rural Development Act:
<proviso><italic>Provided further</italic></proviso>, That any funds
transferred to the Secretary of Agriculture shall be in addition to funds
otherwise made available to make or guarantee loans under such
authorities.</text>
</appropriations-small><appropriations-intermediate id="id4DF8C9CD7D2B48988B584BC4F728DF19"><header>Office of the
solicitor</header>
</appropriations-intermediate><appropriations-small id="id86ED0B6885B147B292947D720E287FA6"><header>Salaries and expenses</header><text display-inline="no-display-inline">For necessary expenses of the Office of the
Solicitor,
$65,076,000.</text>
</appropriations-small><appropriations-intermediate id="idB8D4A282AD0646088874A1A0124EEE78"><header>Office of inspector
general</header>
</appropriations-intermediate><appropriations-small id="idF3C35D6054F646F4B65BBC43FFFD5E6A"><header>Salaries and expenses</header><text display-inline="no-display-inline">For necessary expenses of the Office of
Inspector General,
$48,590,000.</text>
</appropriations-small><appropriations-intermediate id="idD6A17283834441148FBA98A7CE81BE65"><header>Office of the special trustee for
american indians</header>
</appropriations-intermediate><appropriations-small id="id712859D16D274B22A72509D07721C324"><header>Federal trust
programs</header>
</appropriations-small><appropriations-small id="id09538FA423544F1196C968F6877D7498"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For the operation of
trust programs for Indians by direct expenditure, contracts, cooperative
agreements, compacts, and grants, $185,984,000,
to remain available until expended, of which not to exceed
$56,536,000 from this or any other Act, shall be
available for historical accounting: <italic>Provided</italic>, That funds for
trust management improvements and litigation support may, as needed, be
transferred to or merged with the Bureau of Indian Affairs, <quote>Operation of
Indian Programs</quote> account; the Office of the Solicitor, <quote>Salaries
and Expenses</quote> account; and the Office of the Secretary, <quote>Salaries
and Expenses</quote> account: <italic>Provided further</italic>, That funds
made available through contracts or grants obligated during fiscal year 2010,
as authorized by the <act-name parsable-cite="ISDEAA">Indian Self-Determination
Act</act-name> of 1975 (25 U.S.C. 450 et seq.), shall remain available until
expended by the contractor or grantee: <italic>Provided further</italic>, That,
notwithstanding any other provision of law, the statute of limitations shall
not commence to run on any claim, including any claim in litigation pending on
the date of the enactment of this Act, concerning losses to or mismanagement of
trust funds, until the affected tribe or individual Indian has been furnished
with an accounting of such funds from which the beneficiary can determine
whether there has been a loss: <italic>Provided further</italic>, That,
notwithstanding any other provision of law, the Secretary shall not be required
to provide a quarterly statement of performance for any Indian trust account
that has not had activity for at least 18 months and has a balance of
$15.00 or less: <italic>Provided
further</italic>, That the Secretary shall issue an annual account statement
and maintain a record of any such accounts and shall permit the balance in each
such account to be withdrawn upon the express written request of the account
holder: <italic>Provided further</italic>, That not to exceed
$50,000 is available for the Secretary to make
payments to correct administrative errors of either disbursements from or
deposits to Individual Indian Money or Tribal accounts after September 30,
2002: <italic>Provided further</italic>, That erroneous payments that are
recovered shall be credited to and remain available in this account for this
purpose.</text>
</appropriations-small><appropriations-intermediate id="id6A638DED407748369A9D60DBA7C49002"><header>Department-wide
programs</header>
</appropriations-intermediate><appropriations-small id="idAA7F2575D2EE4F97883A67A97EFD824B"><header>Wildland fire
management</header>
</appropriations-small><appropriations-small id="id8AA47AA5AB78497D8ACC6156B113BE62"><header>(including transfers of
funds)</header><text display-inline="no-display-inline">For necessary expenses
for fire preparedness, suppression operations, fire science and research,
emergency rehabilitation, hazardous fuels reduction, and rural fire assistance
by the Department of the Interior, $979,637,000,
to remain available until expended, of which not to exceed
$6,137,000 shall be for the renovation or
construction of fire facilities: <italic>Provided</italic>, That such funds are
also available for repayment of advances to other appropriation accounts from
which funds were previously transferred for such purposes: <italic>Provided
further</italic>, That persons hired pursuant to 43 U.S.C. 1469 may be
furnished subsistence and lodging without cost from funds available from this
appropriation: <italic>Provided further</italic>, That notwithstanding 42
U.S.C. 1856d, sums received by a bureau or office of the Department of the
Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et seq.,
protection of United States property, may be credited to the appropriation from
which funds were expended to provide that protection, and are available without
fiscal year limitation: <italic>Provided further</italic>, That using the
amounts designated under this title of this Act, the Secretary of the Interior
may enter into procurement contracts, grants, or cooperative agreements, for
hazardous fuels reduction activities, and for training and monitoring
associated with such hazardous fuels reduction activities, on Federal land, or
on adjacent non-Federal land for activities that benefit resources on Federal
land: <italic>Provided further</italic>, That the costs of implementing any
cooperative agreement between the Federal Government and any non-Federal entity
may be shared, as mutually agreed on by the affected parties: <italic>Provided
further</italic>, That notwithstanding requirements of the Competition in
Contracting Act, the Secretary, for purposes of hazardous fuels reduction
activities, may obtain maximum practicable competition among: (1) local
private, nonprofit, or cooperative entities; (2) Youth Conservation Corps
crews, Public Lands Corps (Public Law 109–154), or related partnerships with
State, local, or non-profit youth groups; (3) small or micro-businesses; or (4)
other entities that will hire or train locally a significant percentage,
defined as 50 percent or more, of the project workforce to complete such
contracts: <italic>Provided further</italic>, That in implementing this
section, the Secretary shall develop written guidance to field units to ensure
accountability and consistent application of the authorities provided herein:
<italic>Provided further</italic>, That funds appropriated under this head may
be used to reimburse the United States Fish and Wildlife Service and the
National Marine Fisheries Service for the costs of carrying out their
responsibilities under the <act-name parsable-cite="ESA">Endangered Species Act
of 1973</act-name> (16 U.S.C. 1531 et seq.) to consult and conference, as
required by section 7 of such Act, in connection with wildland fire management
activities: <italic>Provided further</italic>, That the Secretary of the
Interior may use wildland fire appropriations to enter into non-competitive
sole source leases of real property with local governments, at or below fair
market value, to construct capitalized improvements for fire facilities on such
leased properties, including but not limited to fire guard stations, retardant
stations, and other initial attack and fire support facilities, and to make
advance payments for any such lease or for construction activity associated
with the lease: <italic>Provided further</italic>, That the Secretary of the
Interior and the Secretary of Agriculture may authorize the transfer of funds
appropriated for wildland fire management, in an aggregate amount not to exceed
$10,000,000, between the Departments when such
transfers would facilitate and expedite jointly funded wildland fire management
programs and projects: <italic>Provided further,</italic> That funds provided
for wildfire suppression shall be available for support of Federal emergency
response actions.</text>
</appropriations-small><appropriations-small id="id3EDF1B33DB854BFD86F252B484BE75D6"><header>Central hazardous materials
fund</header><text display-inline="no-display-inline">For necessary expenses of
the Department of the Interior and any of its component offices and bureaus for
the response action, including associated activities, performed pursuant to the
Comprehensive Environmental Response, Compensation, and Liability Act, as
amended (42 U.S.C. 9601 et seq.), $10,175,000,
to remain available until expended:
<proviso><italic>Provided</italic></proviso>, That Public Law 110–161
(121 Stat. 2116) under this heading is amended by striking <quote>in advance of
or as reimbursement for remedial action or response activities conducted by the
Department pursuant to section 107 or 113(f) of such Act</quote> and inserting
in lieu thereof <quote>including any fines or
penalties</quote>.</text>
</appropriations-small><appropriations-small id="idE20F6306E9084ECF954597FBA3BC28BA"><header>Natural resource damage assessment and
restoration</header>
</appropriations-small><appropriations-small id="id429AB6371956444F87600BD47B78E1A8"><header>Natural resource damage assessment
fund</header><text display-inline="no-display-inline">To conduct natural
resource damage assessment and restoration activities by the Department of the
Interior necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act, as amended (42 U.S.C.
9601 et seq.), the <act-name parsable-cite="FWPCA">Federal Water Pollution
Control Act</act-name>, as amended (33 U.S.C. 1251 et seq.), the Oil Pollution
Act of 1990 (33 U.S.C. 2701 et seq.), and Public Law 101–337, as amended (16
U.S.C. 19jj et seq.), $6,462,000, to remain
available until expended.</text>
</appropriations-small><appropriations-small id="id5A2AAECD80EF4F8E843F4C05FAC19ABA"><header>Working capital fund</header><text display-inline="no-display-inline">For the acquisition of a departmental
financial and business management system and information technology
improvements of general benefit to the Department,
$85,823,000, to remain available until expended:
<proviso><italic>Provided</italic></proviso>, That none of the funds in
this Act or previous appropriations Acts may be used to establish reserves in
the Working Capital Fund account other than for accrued annual leave and
depreciation of equipment without prior approval of the House and Senate
Committees on Appropriations:
<proviso><italic>Provided further</italic></proviso>, That the
Secretary may assess reasonable charges to State, local and tribal government
employees for training services provided by the National Indian Program
Training Center, other than training related to Public Law 93–638:
<proviso><italic>Provided further</italic></proviso>, That the
Secretary may lease or otherwise provide space and related facilities,
equipment or professional services of the National Indian Program Training
Center to State, local and tribal government employees or persons or
organizations engaged in cultural, educational, or recreational activities (as
defined in 40 U.S.C. 3306(a)) at the prevailing rate for similar space,
facilities, equipment, or services in the vicinity of the National Indian
Program Training Center:
<proviso><italic>Provided further</italic></proviso>, That all funds
received pursuant to the two preceding provisos shall be credited to this
account, shall be available until expended, and shall be used by the Secretary
for necessary expenses of the National Indian Program Training
Center.</text>
</appropriations-small><appropriations-small id="id7504FB010825453091A01B95F0EE1AF8"><header>Administrative provision</header><text display-inline="no-display-inline">There is hereby authorized for acquisition
from available resources within the Working Capital Fund, 15 aircraft, 10 of
which shall be for replacement and which may be obtained by donation, purchase
or through available excess surplus property: <italic>Provided,</italic> That
existing aircraft being replaced may be sold, with proceeds derived or trade-in
value used to offset the purchase price for the replacement
aircraft.</text>
</appropriations-small><appropriations-intermediate id="idA987BB43E269428D8A2D1059F4093E91"><header>General provisions, department of the
interior</header>
</appropriations-intermediate><appropriations-small id="id04A8F1D55BD2430A8A0BB30E24A2C6A1"><header>emergency transfer
authority—intra-bureau</header>
</appropriations-small><appropriations-small id="id12DF3F04C8FD494F897F5DB99B5B9FF5"><header>(including transfers of
funds)</header>
</appropriations-small><section id="ID5E44EFFA9FE7475FBF6CCB1D131642CF"><enum>101.</enum><text>Appropriations made in
this title shall be available for expenditure or transfer (within each bureau
or office), with the approval of the Secretary, for the emergency
reconstruction, replacement, or repair of aircraft, buildings, utilities, or
other facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: <italic>Provided,</italic> That no funds shall be
made available under this authority until funds specifically made available to
the Department of the Interior for emergencies shall have been
exhausted.</text>
<appropriations-small id="id66266036D6674F1FA74E0EF869DD2987"><header>emergency transfer
authority—department-wide</header>
</appropriations-small></section><section id="IDD2869E94FB2241BC8496ED7E42699CA0"><enum>102.</enum><text>The Secretary may
authorize the expenditure or transfer of any no year appropriation in this
title, for the suppression or emergency prevention of wildland fires on or
threatening lands under the jurisdiction of the Department of the Interior; for
the emergency rehabilitation of burned-over lands under its jurisdiction; for
emergency actions related to potential or actual earthquakes, floods,
volcanoes, storms, or other unavoidable causes; for contingency planning
subsequent to actual oil spills; for response and natural resource damage
assessment activities related to actual oil spills; for the prevention,
suppression, and control of actual or potential grasshopper and Mormon cricket
outbreaks on lands under the jurisdiction of the Secretary, pursuant to the
authority in section 1773(b) of Public Law 99–198 (99 Stat. 1658); for
emergency reclamation projects under section 410 of Public Law 95–87; and shall
transfer, from any no year funds available to the Office of Surface Mining
Reclamation and Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy State is not carrying
out the regulatory provisions of the Surface Mining Act:
<italic>Provided</italic>, That appropriations made in this title for wildland
fire operations shall be available for the payment of obligations incurred
during the preceding fiscal year, and for reimbursement to other Federal
agencies for destruction of vehicles, aircraft, or other equipment in
connection with their use for wildland fire operations, such reimbursement to
be credited to appropriations currently available at the time of receipt
thereof: <italic>Provided further</italic>, That for wildland fire operations,
no funds shall be made available under this authority until the Secretary
determines that funds appropriated for <quote>wildland fire operations</quote>
shall be exhausted within 30 days: <italic>Provided further</italic>, That all
funds used pursuant to this section must be replenished by a supplemental
appropriation which must be requested as promptly as possible: <italic>Provided
further</italic>, That such replenishment funds shall be used to reimburse, on
a pro rata basis, accounts from which emergency funds were transferred.</text>
<appropriations-small id="idB5DE281C3F894CAD8682224DC22697C0"><header>authorized use of
funds</header>
</appropriations-small></section><section id="ID591A4139E1E74E0C92770E624FA7C8EB"><enum>103.</enum><text>Appropriations made to
the Department of the Interior in this title shall be available for services as
authorized by 5 U.S.C. 3109, when authorized by the Secretary, in total amount
not to exceed $500,000; purchase and replacement
of motor vehicles, including specially equipped law enforcement vehicles; hire,
maintenance, and operation of aircraft; hire of passenger motor vehicles;
purchase of reprints; payment for telephone service in private residences in
the field, when authorized under regulations approved by the Secretary; and the
payment of dues, when authorized by the Secretary, for library membership in
societies or associations which issue publications to members only or at a
price to members lower than to subscribers who are not members.</text>
<appropriations-small id="id41E2C2F2E84A432281A6F7A285A9292F"><header>authorized use of
funds</header>
</appropriations-small></section><section id="ID7BC9EB8BFFCD4CE8BA42B8F40D1E1C8C"><enum>104.</enum><text>Appropriations made in
this Act under the headings Bureau of Indian Affairs and Office of the Special
Trustee for American Indians and any unobligated balances from prior
appropriations Acts made under the same headings shall be available for
expenditure or transfer for Indian trust management and reform activities.
Total funding for historical accounting activities shall not exceed amounts
specifically designated in this Act for such purpose.</text>
<appropriations-small id="id5CC382537A074D7C9484293F2B952496"><header>redistribution of
funds</header>
</appropriations-small></section><section id="IDD0AA609086844E668CE3C9DEF502B118"><enum>105.</enum><text>Notwithstanding any
other provision of law, the Secretary of the Interior is authorized to
redistribute any Tribal Priority Allocation funds, including tribal base funds,
to alleviate tribal funding inequities by transferring funds to address
identified, unmet needs, dual enrollment, overlapping service areas or
inaccurate distribution methodologies. No federally recognized tribe shall
receive a reduction in Tribal Priority Allocation funds of more than 10 percent
in fiscal year 2010. Under circumstances of dual enrollment, overlapping
service areas or inaccurate distribution methodologies, the 10 percent
limitation does not apply.</text>
<appropriations-small id="idDC1E549DB46E43429985C0BCF85219E5"><header>twin cities research
center</header>
</appropriations-small></section><section id="IDD9B234F470B0436D8A782A88D05BA689"><enum>106.</enum><text>Notwithstanding any
other provision of law, in conveying the Twin Cities Research Center under the
authority provided by Public Law 104–134, as amended by Public Law 104–208, the
Secretary may accept and retain land and other forms of reimbursement:
<italic>Provided,</italic> That the Secretary may retain and use any such
reimbursement until expended and without further appropriation: (1) for the
benefit of the National Wildlife Refuge System within the State of Minnesota;
and (2) for all activities authorized by 16 U.S.C. 460zz.</text>
<appropriations-small id="idC49138827DCA4B8BAAAA5241EF6446F6"><header>payment of
fees</header>
</appropriations-small></section><section id="ID817B9744D1904EBFA1046F0CE93F7D6A"><enum>107.</enum><text>The Secretary of the
Interior may use discretionary funds to pay private attorney fees and costs for
employees and former employees of the Department of the Interior reasonably
incurred in connection with Cobell v. Salazar to the extent that such fees and
costs are not paid by the Department of Justice or by private insurance. In no
case shall the Secretary make payments under this section that would result in
payment of hourly fees in excess of the highest hourly rate approved by the
District Court for the District of Columbia for counsel in Cobell v.
Salazar.</text>
<appropriations-small id="id2B135D8F28654123A94628EE8F446AD1"><header>ellis, governors, and liberty
islands</header>
</appropriations-small></section><section id="ID18D422223530498398FDFDFF4BFD608A"><enum>108.</enum><text>Notwithstanding any
other provision of law, the Secretary of the Interior is authorized to acquire
lands, waters, or interests therein including the use of all or part of any
pier, dock, or landing within the State of New York and the State of New
Jersey, for the purpose of operating and maintaining facilities in the support
of transportation and accommodation of visitors to Ellis, Governors, and
Liberty Islands, and of other program and administrative activities, by
donation or with appropriated funds, including franchise fees (and other
monetary consideration), or by exchange; and the Secretary is authorized to
negotiate and enter into leases, subleases, concession contracts or other
agreements for the use of such facilities on such terms and conditions as the
Secretary may determine reasonable.</text>
<appropriations-small id="id2D3858933F364733A2A269DEB33A9DAD"><header>prohibition on use of
funds</header>
</appropriations-small></section><section commented="no" id="IDFBDF01546B8240BBB5432B50F6833F84"><enum>109.</enum><subsection commented="no" display-inline="yes-display-inline" id="id48051EFA0C534936B3C40F09E25E7022"><enum>(a)</enum><text>Any proposed new use of
the Arizona & California Railroad Company’s Right of Way for conveyance of
water shall not proceed unless the Secretary of the Interior certifies that the
proposed new use is within the scope of the Right of Way.</text>
</subsection><subsection changed="added" commented="no" id="id3183DA4E16534E37A5DA5405EAFD49F7" reported-display-style="italic"><enum>(b)</enum><text display-inline="yes-display-inline">No funds appropriated or otherwise made
available to the Department of the Interior may be used, in relation to any
proposal to store water underground for the purpose of export, for approval of
any right-of-way or similar authorization on the Mojave National Preserve or
lands managed by the Needles Field Office of the Bureau of Land Management, or
for carrying out any activities associated with such right-of-way or similar
approval.</text>
</subsection></section><appropriations-small id="idD92537A81DF843F4AA4212FCFC17F63F"><header>use of cooperative
agreements</header>
</appropriations-small><section id="IDFA142C2A6D5C443DBD69178C4A5B4E88"><enum>110.</enum><text>For fiscal year 2010,
and each fiscal year thereafter, the Secretary of the Interior may enter into
cooperative agreements with a State or political subdivision (including any
agency thereof), or any not-for-profit organization if the agreement will: (1)
serve a mutual interest of the parties to the agreement in carrying out the
programs administered by the Department of the Interior; and (2) all parties
will contribute resources to the accomplishment of these objectives. At the
discretion of the Secretary, such agreements shall not be subject to a
competitive process.</text>
<appropriations-small id="id8E5D5BB3225C444BB0E669C76BAF4E8E"><header>conforming
amendment</header>
</appropriations-small></section><section id="ID883B17E7C6F24321B602534B8E090D08"><enum>111.</enum><text>Sections 109 and 110 of
the Federal Oil and Gas Royalty Management Act (30 U.S.C. 1719 and 1720) shall,
for fiscal year 2010 and each fiscal year thereafter, apply to any lease
authorizing exploration for or development of coal, any other solid mineral, or
any geothermal resource on any Federal or Indian lands and any lease, easement,
right of way, or other agreement, regardless of form, for use of the Outer
Continental Shelf or any of its resources under sections 8(k) or 8(p) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1337(k) and 1337(p)) to the same
extent as if such lease, easement, right of way, or other agreement, regardless
of form, were an oil and gas lease, except that in such cases the term
<term>royalty payment</term> shall include any payment required by such lease,
easement, right of way or other agreement, regardless of form, or by applicable
regulation.</text>
<appropriations-small id="id09A0BCC02A0B4FDCBBC3F2E0821A5AE2"><header>prohibition on use of funds, point
reyes national seashore</header>
</appropriations-small></section><section commented="no" id="ID0C35C54C2F3F4749B3C9A05036EF250D"><enum>112.</enum><text>None of the funds in
this Act may be used to further reduce the number of Axis or Fallow deer at
Point Reyes National Seashore below the number as of the date of enactment of
this Act.</text>
<appropriations-small id="idAFE86426A5F147E9AD1C32270CE8229F"><header>Outer Continental Shelf Inspection
Fees</header>
</appropriations-small></section><section id="ID90f5501e055d49449a005e315cde8d4f"><enum>113.</enum><subsection commented="no" display-inline="yes-display-inline" id="id56F7F82CAFDA44E6A50677C49AD1A56B"><enum>(a)</enum><text>In fiscal year 2010,
the Minerals Management Service (MMS) shall collect a non-refundable inspection
fee, which shall be deposited in the <quote>Royalty and Offshore Minerals
Management</quote> account, from the designated operator for facilities subject
to inspection by MMS under 43 U.S.C. 1348(c) that are above the waterline,
except mobile offshore drilling units, and are in place at the start of fiscal
year 2010.</text>
</subsection><subsection changed="added" id="ID49361acfe7b74bb498f0520301cdff15" reported-display-style="italic"><enum>(b)</enum><text>Fees for 2010 shall
be:</text>
<paragraph id="ID91c20361ddb24889ae5d2ca14a3b2444"><enum>(1)</enum><text>$2,000
for facilities with no wells, but with processing equipment or gathering
lines;</text>
</paragraph><paragraph id="ID337c812ee8f74abc83dfa0ad22afa96a"><enum>(2)</enum><text>$3,250
for facilities with one to ten wells, with any combination of active or
inactive wells; and</text>
</paragraph><paragraph id="IDa96a51806ab149f0af969118a38be71f"><enum>(3)</enum><text>$6,000
for facilities with more than ten wells, with any combination of active or
inactive wells.</text>
</paragraph></subsection><subsection changed="added" id="IDf6b77e1d1b3b45edbe2545dee868979d" reported-display-style="italic"><enum>(c)</enum><text>MMS will bill designated
operators within 60 days of enactment of this Act, with payment required within
30 days of billing.</text>
</subsection></section><appropriations-small id="idFB8665695C634D53A1BC4DD6465A53F6"><header>Yosemite National Park Authorized
Payments, amendment</header>
</appropriations-small><section id="IDc8b8194eda7d4f08bb67c22c48b2427a"><enum>114.</enum><text>Section 101(a)(1) of
Public Law 109–131 is amended by striking <quote>2009</quote> and inserting
<quote>2013</quote>.</text>
<appropriations-small id="id1FEADF6AD4F04A1992D2C43788F96ED6"><header>Northern Plains Heritage Area,
amendment</header>
</appropriations-small></section><section id="id3B74FC6ED0C14CB889F4842CBEA5D3BF"><enum>115.</enum><text display-inline="yes-display-inline">Section 8004 of the Omnibus Public Land
Management Act of 2009 (Public Law 111–11; 123 Stat. 1240) is amended—</text>
<paragraph id="idEF40BE0991464D1280623A1A8D30B85D"><enum>(1)</enum><text display-inline="yes-display-inline">by redesignating subsections (g) through
(i) as subsections (h) through (j), respectively;</text>
</paragraph><paragraph id="idC7CD3BCD255F40189E95E83E9B71E6D2"><enum>(2)</enum><text display-inline="yes-display-inline">in subsection (h)(1) (as redesignated by
paragraph (1)), in the matter preceding subparagraph (A), by striking
<quote>subsection (i)</quote> and inserting <quote>subsection (j)</quote>;
and</text>
</paragraph><paragraph id="idD679A8936A4346BB8BFB6F23490B2AEC"><enum>(3)</enum><text>by inserting after
subsection (f) the following:</text>
<quoted-block changed="added" display-inline="no-display-inline" id="id1850EF44DE8D4149B360D992C66CCF25" reported-display-style="italic" style="OLC">
<subsection id="idBC42288C09E343A488D872F8A8D9DF27"><enum>(g)</enum><header>Requirements for
inclusion of private property in Heritage Area</header>
<paragraph id="idAC888D0D18634E1E8F2497A0BB5F93E6"><enum>(1)</enum><header>Notification and
consent requirement</header><text>No privately owned property shall be
preserved, conserved, or promoted by the management plan for the Heritage Area
until the later of the date on which—</text>
<subparagraph id="idD262184B14CE421D833BC1A2C143C604"><enum>(A)</enum><text>the management entity of
the Heritage Area submits to the owner of the private property a written
notification of the proposed preservation, conservation, or promotion;
and</text>
</subparagraph><subparagraph id="id6377A44B9A6546F0A3C2DD2CE900CB1B"><enum>(B)</enum><text>the owner of the private
property provides to the management entity written consent for the
preservation, conservation, or promotion.</text>
</subparagraph></paragraph><paragraph id="id26401C382390429EAC51E42816BD6785"><enum>(2)</enum><header>Landowner
withdrawal</header><text>Private property included within the boundary of the
Heritage Area shall immediately be withdrawn from the Heritage Area if the
owner of the property submits a written notice to the management
entity.</text>
</paragraph></subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></section><appropriations-small id="id7D6714FED4B448129796E69AE50E6F76"><header>Pearl Harbor Naval Complex, Joint
Ticketing</header>
</appropriations-small><section id="idE731547112C84FD48E117D20B7C73235"><enum>116.</enum><subsection commented="no" display-inline="yes-display-inline" id="id3F7BBF3227CE4B178566BFBC6430C980"><enum>(a)</enum><header>Definitions</header><text>In
this section:</text>
<paragraph changed="added" id="id8997F14541B343F2BDA37C40818F8432" reported-display-style="italic"><enum>(1)</enum><header>Historic
attraction</header><text display-inline="yes-display-inline">The term
<quote>historic attraction</quote> mean a historic attraction within the Pearl
Harbor Naval Complex, including—</text>
<subparagraph id="idA0D3624DB45C466FB0E96BFFD73D4106"><enum>(A)</enum><text display-inline="yes-display-inline">the USS Bowfin Submarine Museum and
Park;</text>
</subparagraph><subparagraph id="id0216DC252BA44734BD3BCFCD17C0933B"><enum>(B)</enum><text display-inline="yes-display-inline">the Battleship Missouri Memorial;</text>
</subparagraph><subparagraph id="id7461A6E2C6B24D50B6DB8733A356DBE3"><enum>(C)</enum><text display-inline="yes-display-inline">the Pacific Aviation Museum-Pearl Harbor;
and</text>
</subparagraph><subparagraph id="idD751EE0AFCCC4FE1B04174DAC13143B3"><enum>(D)</enum><text display-inline="yes-display-inline">any other historic attraction within the
Pearl Harbor Naval Complex that—</text>
<clause id="id8DB1762F724845D3B731255590EA0B26"><enum>(i)</enum><text display-inline="yes-display-inline">the Secretary identifies as a Pearl Harbor
historic attraction; and</text>
</clause><clause id="idCAE9428693514FFDA9466EDFAAE26D52"><enum>(ii)</enum><text display-inline="yes-display-inline">is not administered or managed by the
Secretary.</text>
</clause></subparagraph></paragraph><paragraph changed="added" id="id86FA9C42E4F44BB2A2E86D3472EC5C63" reported-display-style="italic"><enum>(2)</enum><header>Monument</header><text>The
term <quote>Monument</quote> means the Word War II Valor in the Pacific
National Monument in the State of Hawaii.</text>
</paragraph><paragraph changed="added" id="idCC4900269F2B4EF7B27876D853A24E62" reported-display-style="italic"><enum>(3)</enum><header>Secretary</header><text>The
term <quote>Secretary</quote> means the Secretary of the Interior.</text>
</paragraph><paragraph changed="added" id="id8717171ADEC2404E992EA97E7C691470" reported-display-style="italic"><enum>(4)</enum><header>Visitor
center</header><text>The term <quote>Visitor Center</quote> means the visitor
center located within the Pearl Harbor Naval Complex on land that is—</text>
<subparagraph id="id338C806FBFC049F4AE5270F05F7B2832"><enum>(A)</enum><text>within the Monument;
and</text>
</subparagraph><subparagraph id="id2F52E7E6FFBD482DBD8ED7943A733BD0"><enum>(B)</enum><text>managed by the Secretary,
acting through the Director of the National Park Service.</text>
</subparagraph></paragraph></subsection><subsection changed="added" id="id253D3D15C9C34E4DBEBFAD3948237DE8" reported-display-style="italic"><enum>(b)</enum><header>Facilitation of
admission to historic attractions within pearl harbor naval complex</header>
<paragraph id="ID07637b2d92bd45a09c70960c30363c23"><enum>(1)</enum><header>In
general</header><text>In managing the Monument, the Secretary may enter into an
agreement with any organization that is authorized to administer or manage a
historic attraction—</text>
<subparagraph id="ID8031f91b6dae44e6b6a620a821f4284a"><enum>(A)</enum><text>to allow visitors to the
historic attraction to gain access to the historic attraction by passing
through security screening at the Visitor Center; and</text>
</subparagraph><subparagraph id="IDd678d81396424ae8872d70f532d66229"><enum>(B)</enum><text>to allow the sale of
tickets to a historic attraction within the Visitor Center by—</text>
<clause id="idFD279F0962174040BEC772C69AA47017"><enum>(i)</enum><text>employees of the National
Park Service; or</text>
</clause><clause id="id07FBDEC3A8D44BD890720C332594ACB6"><enum>(ii)</enum><text>the organization that
administers or manages the historic attraction.</text>
</clause></subparagraph></paragraph><paragraph id="IDf82db13644fe4c27b8e01fff9af256ee"><enum>(2)</enum><header>Terms and
conditions</header><text>In any agreement entered into under paragraph (1), the
Secretary—</text>
<subparagraph id="ID2e5407bb7ba440b5add8299228ef17f7"><enum>(A)</enum><text>shall require the
organization administering or managing the historic attraction to pay to the
Secretary a reasonable fee to recover administrative costs of the Secretary
associated with the use of the Visitor Center for public access and ticket
sales;</text>
</subparagraph><subparagraph id="IDd4a547dc76704ffdb78ab529d62dd03c"><enum>(B)</enum><text>shall ensure that the
liability of the United States is limited with respect to any liability arising
from—</text>
<clause id="id104445973B6C44B3B2E1C18053703D4F"><enum>(i)</enum><text>the admission of the
public through the Visitor Center to a historic attraction; and</text>
</clause><clause id="idFB3E4F13B3E74B859A8BEA68103C0C64"><enum>(ii)</enum><text>the sale or issuance of
any tickets to the historic attraction; and</text>
</clause></subparagraph><subparagraph id="ID3c7df5f266d74c20b80288c934aaa8f5"><enum>(C)</enum><text>may include any other
terms and conditions that the Secretary determines to be appropriate.</text>
</subparagraph></paragraph><paragraph id="idF4AA5E3A00314359A9C96F9E41D68823"><enum>(3)</enum><header>Use of
fees</header><text>The proceeds of any amounts collected as fees under
paragraph (2)(A) shall remain available, without further appropriation, for use
by the Secretary for the Monument.</text>
</paragraph><paragraph id="ID8df5a70c5f2a449d867830bda0e2ac3c"><enum>(4)</enum><header>Limitation of
authority</header><text>Nothing in this section authorizes the
Secretary—</text>
<subparagraph id="ID632456910a3544a29d76a85107f8154c"><enum>(A)</enum><text>to regulate or approve
the rates for admission to a historic attraction;</text>
</subparagraph><subparagraph id="idADC38253F80E4032BE2713CDA53EF21F"><enum>(B)</enum><text>to regulate or manage any
visitor services within the Pearl Harbor Naval Complex (other than the services
managed by the National Park Service as part of the Monument); or</text>
</subparagraph><subparagraph id="ID8fc82bf2d1ba4a6b93cdc9a12925ff05"><enum>(C)</enum><text>to charge an entrance fee
for admission to the Monument.</text>
</subparagraph></paragraph><paragraph commented="no" display-inline="no-display-inline" id="ID3d9eb60698c24caface8354c476b7df7"><enum>(5)</enum><header>Protection of
resources</header><text display-inline="yes-display-inline">Nothing in this
section authorizes the Secretary or any organization that administers or
manages a historic attraction to take any action in derogation of the
preservation and protection of the values and resources of the Monument.</text>
</paragraph></subsection></section><appropriations-small id="id50028A0E668644369EB1B7056E35B1C8"><header>Assistance for the Republic of
Palau</header>
</appropriations-small><section id="id1A509CD9F3DA44679482A41E023C49FA"><enum>117.</enum><subsection commented="no" display-inline="yes-display-inline" id="idD22A5118B0C94C53B64EDC5E1F412516"><enum>(a)</enum><header>In
general</header><text>Subject to subsection (c), the Secretary of the Interior
shall provide to the Government of Palau for fiscal year 2010 grants in amounts
equal to the annual amounts specified in subsections (a), (c), and (d) of
section 211 of the Compact of Free Association between the Government of the
United States of America and the Government of Palau (48 U.S.C. 1931 note)
(referred to in this section as the <quote>Compact</quote>).</text>
</subsection><subsection changed="added" id="id3AFD4059090641E8852F1F57F5314188" reported-display-style="italic"><enum>(b)</enum><header>Programmatic
assistance</header><text>Subject to subsection (c), the United States shall
provide programmatic assistance to the Republic of Palau for fiscal year 2010
in amounts equal to the amounts provided in subsections (a) and (b)(1) of
section 221 of the Compact.</text>
</subsection><subsection changed="added" id="id087EE4C2C9F149FD944230BDD780BD31" reported-display-style="italic"><enum>(c)</enum><header>Limitations on
assistance</header>
<paragraph id="id88306D84A7844681A844F423023BFA75"><enum>(1)</enum><header>In
general</header><text>The grants and programmatic assistance provided under
subsections (a) and (b) shall be provided to the same extent and in the same
manner as the grants and assistance were provided in fiscal year 2009.</text>
</paragraph><paragraph id="id32C803F97634478296C49A9584808757"><enum>(2)</enum><header>Trust
fund</header><text>If the Government of Palau withdraws more than
$5,000,000 from the trust fund established under
section 211(f) of the Compact, amounts to be provided under subsections (a) and
(b) shall be withheld from the Government of Palau.</text>
</paragraph></subsection></section><appropriations-small id="id700E04627C6144C8AA6B7D853ABB7AE5"><header>golden gate national recreation area,
fort baker amendment</header>
</appropriations-small><section id="id0682ECCABA874F05A19845D96A55D140"><enum>118.</enum><text display-inline="yes-display-inline">Section 120 of title I of H.R. 3423
(Appendix C) as enacted into law by section 1000(a)(3) of division B of Public
Law 106–113 is amended by striking the last sentence.</text>
<appropriations-small id="id50673E3D85934409B6281C5B8A57129E"><header>Theodore Roosevelt National Park, elk
reduction</header>
</appropriations-small></section><section id="IDafd743a28cb94bf492e07a4188d5c5bf"><enum>119.</enum><text>None of the funds made
available in this Act shall be used to establish or implement a plan to reduce
the number of elk in Theodore Roosevelt National Park unless such plan,
notwithstanding any other provision of law, allows North Dakota residents
possessing a State hunting license to be deputized by the Secretary as rangers
in such numbers as the Secretary deems sufficient for purposes of culling the
elk herd at the Park, and allows each such volunteer to cull one elk and remove
its carcass from the Park.</text>
<appropriations-small id="id82EB1C1EDA5B491E8BE9A844B0F78521"><header>Point Reyes National Seashore,
extension of permit</header><text></text>
</appropriations-small></section><section id="IDd4eeeaee5a84408ca4c797098fbeac2f"><enum>120.</enum><subsection commented="no" display-inline="yes-display-inline" id="id2D4BF1AD1F68464E8950599E2B91040B"><enum>(a)</enum><text>Prior to the expiration
on November 30, 2012 of the Drake's Bay Oyster Company's Reservation of Use and
Occupancy and associated special use permit (<quote>existing
authorization</quote>) within Drake's Estero at Point Reyes National Seashore,
the Secretary of the Interior shall extend the existing authorization through a
lease (or other legal instrument) with the same terms and conditions, except as
provided herein, for a period of 10 years from November 30, 2012:
<proviso><italic>Provided</italic></proviso>, That such extended
authorization is subject to the Company's compliance with all applicable laws
and regulations (excepting any that would prohibit the extended authorization)
and permit conditions in effect on the date of enactment of this Act with any
mutually agreed modifications to such permit conditions, including the
maintenance of best practices as outlined in the National Academy of Sciences
report expected in fall 2009 regarding (1) shellfish farming in Drake’s Estero,
(2) minimizing disturbance of marine mammals, and (3) control and removal, to
the extent practicable, of the tunicate <quote>Didemnum</quote>:
<proviso><italic>Provided further</italic></proviso>, That such
extended authorization is subject to annual payments to the United States based
on the fair market value of the use of the Federal property for the duration of
such renewal.</text>
</subsection><subsection changed="added" id="ID914c3fca237147be9c06fb30af8b2705" reported-display-style="italic"><enum>(b)</enum><text>Nothing in this section
shall be construed to have any application to any location other than Point
Reyes National Seashore; nor shall anything in this section be cited as
precedent for management of any potential wilderness outside the
Seashore.</text>
</subsection></section><appropriations-small id="idE8E89F4B8CDE4265BB6FF4DA4A363C4A"><header>Contribution
Authority</header>
</appropriations-small><section id="IDfc23f0b0acc0461fa94c630dde64a423"><enum>121.</enum><text>Title 43 U.S.C. 1473, as
amended by Public Law 110–161 and Public Law 111–8, is further amended by
deleting <quote>in fiscal years 2008 and 2009 only</quote> and inserting
<quote>in fiscal years 2008, 2009 and 2010 only</quote>.</text>
<appropriations-small id="id61DD496CCD8D45DF8EC8E5EEEBF5AD6F"><header>National Park System, special resource
study</header>
</appropriations-small></section><section id="IDa2073c8e8b3d4bb6918de99d05341017"><enum>122.</enum><subsection commented="no" display-inline="yes-display-inline" id="idD585F901AF834E1D985DDCC8508F7FEE"><enum>(a)</enum><header>In
general</header><text>The Secretary of the Interior (referred to in this
section as the <quote>Secretary</quote>) shall conduct a special resource study
of the national significance, suitability, and feasibility of including the
Honouliuli Gulch and associated sites within the State of Hawaii in the
National Park System.</text>
</subsection><subsection changed="added" id="IDd18aaf0beb764e2b82a545008e5dc3f8" reported-display-style="italic"><enum>(b)</enum><header>Guidelines</header><text>In
conducting the study, the Secretary shall use the criteria for the study of
areas for potential inclusion in the National Park System described in section
8 of Public Law 91–383 (16 U.S.C. 1a–5).</text>
</subsection><subsection changed="added" id="ID28b3c8aca5294db7827aaade140ab8a2" reported-display-style="italic"><enum>(c)</enum><header>Consultation</header><text>In
conducting the study, the Secretary shall consult with—</text>
<paragraph id="idA7E6A9620BD2433289CE51ADF725096E"><enum>(1)</enum><text>the State of
Hawaii;</text>
</paragraph><paragraph id="idC60E63B6153B424F8D68D4DBEBC01D18"><enum>(2)</enum><text>appropriate Federal
agencies;</text>
</paragraph><paragraph id="id38E5B1EC6962475CB9B666881BAFED71"><enum>(3)</enum><text>Native Hawaiian and local
government entities;</text>
</paragraph><paragraph id="id42AAB3D1CA3B48AA8E3075EF1C374144"><enum>(4)</enum><text>private and nonprofit
organizations;</text>
</paragraph><paragraph id="id4A781C74D6E8493AB7B544BE03BBCE76"><enum>(5)</enum><text>private land owners;
and</text>
</paragraph><paragraph id="id5CE483E6A8FD4AD49E710E0BC0E2647E"><enum>(6)</enum><text>other interested
parties.</text>
</paragraph></subsection><subsection changed="added" id="IDf7d5cb61a88049d989a175d455f076be" reported-display-style="italic"><enum>(d)</enum><header>Themes</header><text display-inline="yes-display-inline">The study shall evaluate the Honouliuli
Gulch, associated sites located on Oahu, and other islands located in the State
of Hawaii with respect to—</text>
<paragraph id="ID3f23d3ac137b4d6bae5355ec873d8a7e"><enum>(1)</enum><text>the significance of the
site as a component of World War II;</text>
</paragraph><paragraph id="IDd2e0298051974621a78d48de451b7cc6"><enum>(2)</enum><text>the significance of the
site as the site related to the forcible internment of Japanese Americans,
European Americans, and other individuals; and</text>
</paragraph><paragraph id="IDb2ebf6478b274038b50312d8ec25d340"><enum>(3)</enum><text>historic resources at the
site.</text>
</paragraph></subsection><subsection changed="added" commented="no" display-inline="no-display-inline" id="ID16968a15e0e247cd8b74d0cf48300616" reported-display-style="italic"><enum>(e)</enum><header>Report</header><text display-inline="yes-display-inline">Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee on Energy and
Natural Resources of the Senate a report describing the findings, conclusions,
and recommendations of the study required under this section.</text>
</subsection></section><enum>II</enum>
<appropriations-major id="idA35AA1B17D2F4287B5FE0E44AC0D802B"><header>Environmental protection
agency</header>
</appropriations-major><appropriations-intermediate id="idF13D44A9AE9D498797FD75217BE4EDBC"><header>Science and technology</header><text display-inline="no-display-inline">For science and technology, including
research and development activities, which shall include research and
development activities under the <act-name parsable-cite="CERCL">Comprehensive
Environmental Response, Compensation, and Liability Act of 1980</act-name>, as
amended; necessary expenses for personnel and related costs and travel
expenses; procurement of laboratory equipment and supplies; and other operating
expenses in support of research and development,
$842,799,000, to remain available until
September 30, 2011.</text>
</appropriations-intermediate><appropriations-intermediate id="idAFBE5CEFD4BB4F5287E252306F9B974F"><header>Environmental programs and
management</header><text display-inline="no-display-inline">For environmental
programs and management, including necessary expenses, not otherwise provided
for, for personnel and related costs and travel expenses; hire of passenger
motor vehicles; hire, maintenance, and operation of aircraft; purchase of
reprints; library memberships in societies or associations which issue
publications to members only or at a price to members lower than to subscribers
who are not members; administrative costs of the brownfields program under the
Small Business Liability Relief and Brownfields Revitalization Act of 2002; and
not to exceed $9,000 for official reception and
representation expenses, $2,878,780,000, to
remain available until September 30, 2011: <italic>Provided,</italic> That of
the funds included under this heading, not less than
$478,696,000 shall be for the Geographic
Programs specified in the committee report accompanying this
Act.</text>
</appropriations-intermediate><appropriations-intermediate id="id305505EC3CF84542B5C50C7AF3FB842F"><header>Office of inspector
general</header><text display-inline="no-display-inline">For necessary expenses
of the Office of Inspector General in carrying out the provisions of the
Inspector General Act of 1978, as amended,
$44,791,000, to remain available until September
30, 2011.</text>
</appropriations-intermediate><appropriations-intermediate id="id10D23A5BEA834C91A7D9DA48F0D50C1B"><header>Buildings and facilities</header><text display-inline="no-display-inline">For construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities of, or for
use by, the Environmental Protection Agency,
$35,001,000, to remain available until
expended.</text>
</appropriations-intermediate><appropriations-intermediate id="id33572E61C633404F8778C5DB57E0D5C7"><header>Hazardous substance
superfund</header>
</appropriations-intermediate><appropriations-small id="id4B212C484FAC400BBF2CFC79A37654FD"><header>(including transfers of
funds)</header><text display-inline="no-display-inline">For necessary expenses
to carry out the <act-name parsable-cite="CERCL">Comprehensive Environmental
Response, Compensation, and Liability Act of 1980</act-name> (CERCLA), as
amended, including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C.
9611) $1,308,541,000, to remain available until
expended, consisting of such sums as are available in the Trust Fund on
September 30, 2009, as authorized by section 517(a) of the Superfund Amendments
and Reauthorization Act of 1986 (SARA) and up to
$1,308,541,000 as a payment from general
revenues to the Hazardous Substance Superfund for purposes as authorized by
section 517(b) of SARA, as amended: <italic>Provided</italic>, That funds
appropriated under this heading may be allocated to other Federal agencies in
accordance with section 111(a) of CERCLA: <italic>Provided further</italic>,
That of the funds appropriated under this heading,
$9,975,000 shall be paid to the <quote>Office of
Inspector General</quote> appropriation to remain available until September 30,
2011, and $26,834,000 shall be paid to the
<quote>Science and Technology</quote> appropriation to remain available until
September 30, 2011.</text>
</appropriations-small><appropriations-intermediate id="id097A858DC1514F5892487FF2DEB0784C"><header>Leaking underground storage tank trust
fund program</header><text display-inline="no-display-inline">For necessary
expenses to carry out leaking underground storage tank cleanup activities
authorized by subtitle I of the <act-name parsable-cite="SWDA">Solid Waste
Disposal Act</act-name>, as amended,
$114,171,000, to remain available until
expended, of which $78,671,000 shall be for
carrying out leaking underground storage tank cleanup activities authorized by
section 9003(h) of the <act-name parsable-cite="SWDA">Solid Waste Disposal
Act</act-name>, as amended; $35,500,000 shall be
for carrying out the other provisions of the <act-name parsable-cite="SWDA">Solid Waste Disposal Act</act-name> specified in section
9508(c) of the Internal Revenue Code, as amended: <italic>Provided</italic>,
That the Administrator is authorized to use appropriations made available under
this heading to implement section 9013 of the <act-name parsable-cite="SWDA">Solid Waste Disposal Act</act-name> to provide financial
assistance to federally recognized Indian tribes for the development and
implementation of programs to manage underground storage
tanks.</text>
</appropriations-intermediate><appropriations-intermediate id="idE89FB30B99E6400199E6512185A19940"><header>Oil spill response</header><text display-inline="no-display-inline">For expenses necessary to carry out the
Environmental Protection Agency's responsibilities under the Oil Pollution Act
of 1990, $18,379,000, to be derived from the Oil
Spill Liability trust fund, to remain available until
expended.</text>
</appropriations-intermediate><appropriations-intermediate id="id3FB20BEE031F4DA1B6970EB494FE518D"><header>State and tribal assistance
grants</header><text display-inline="no-display-inline">For environmental
programs and infrastructure assistance, including capitalization grants for
State revolving funds and performance partnership grants,
$4,954,274,000, to remain available until
expended, of which $2,100,000,000 shall be for
making capitalization grants for the Clean Water State Revolving Funds under
title VI of the <act-name parsable-cite="FWPCA">Federal Water Pollution Control
Act</act-name>, as amended (the <quote>Act</quote>); of which
$1,387,000,000 shall be for capitalization
grants for the Drinking Water State Revolving Funds under section 1452 of the
Safe Drinking Water Act, as amended:
<proviso><italic>Provided</italic></proviso>, That, for fiscal year
2010, to the extent that there are sufficient applications, not less than 20
percent of the funds made available for the Clean Water State Revolving Fund or
Drinking Water State Revolving Fund capitalization grants shall be for projects
to address green infrastructure, water or energy efficiency improvements, or
other environmentally innovative activities;
$10,000,000 shall be for architectural,
engineering, planning, design, construction and related activities in
connection with the construction of high priority water and wastewater
facilities in the area of the United States-Mexico Border, after consultation
with the appropriate border commission;
$15,000,000 shall be for grants to the State of
Alaska to address drinking water and wastewater infrastructure needs of rural
and Alaska Native Villages:
<proviso><italic>Provided further</italic></proviso>, That, of these
funds: (1) the State of Alaska shall provide a match of 25 percent; (2) no more
than 5 percent of the funds may be used for administrative and overhead
expenses; and (3) the State of Alaska shall make awards consistent with the
State-wide priority list established in conjunction with the Agency and the
U.S. Department of Agriculture for all water, sewer, waste disposal, and
similar projects carried out by the State of Alaska that are funded under
section 221 of the <act-name parsable-cite="FWPCA">Federal Water Pollution
Control Act</act-name> (33 U.S.C. 1301) or the <act-name parsable-cite="CFRDA">Consolidated Farm and Rural Development Act</act-name> (7
U.S.C. 1921 et seq.) which shall allocate not less than 25 percent of the funds
provided for projects in regional hub communities;
$150,000,000 shall be for making special project
grants for the construction of drinking water, wastewater and storm water
infrastructure and for water quality protection in accordance with the terms
and conditions specified for such grants in the committee report accompanying
this Act, and, for purposes of these grants, each grantee shall contribute not
less than 45 percent of the cost of the project unless the grantee is approved
for a waiver by the Agency; $101,000,000 shall
be to carry out section 104(k) of the <act-name parsable-cite="CERCL">Comprehensive Environmental Response, Compensation, and
Liability Act of 1980</act-name> (CERCLA), as amended, including grants,
interagency agreements, and associated program support costs;
$60,000,000 shall be for grants under title VII,
subtitle G of the Energy Policy Act of 2005, as amended;
$20,000,000 shall be for targeted airshed grants
in accordance with the terms and conditions of the committee report
accompanying this Act; and $1,111,274,000 shall
be for grants, including associated program support costs, to States, federally
recognized tribes, interstate agencies, tribal consortia, and air pollution
control agencies for multi-media or single media pollution prevention, control
and abatement and related activities, including activities pursuant to the
provisions set forth under this heading in Public Law 104–134, and for making
grants under section 103 of the <act-name parsable-cite="CAA">Clean Air
Act</act-name> for particulate matter monitoring and data collection activities
subject to terms and conditions specified by the Administrator, of which
$49,495,000 shall be for carrying out section
128 of CERCLA, as amended, $10,000,000 shall be
for Environmental Information Exchange Network grants, including associated
program support costs, $18,500,000 of the funds
available for grants under section 106 of the Act shall be for water quality
monitoring activities, and, in addition to funds appropriated under the heading
<quote>Leaking Underground Storage Tank Trust Fund Program</quote> to carry out
the provisions of the <act-name parsable-cite="SWDA">Solid Waste Disposal
Act</act-name> specified in section 9508(c) of the Internal Revenue Code other
than section 9003(h) of the <act-name parsable-cite="SWDA">Solid Waste Disposal
Act</act-name>, as amended, $2,500,000 shall be
for grants to States under section 2007(f)(2) of the
<act-name parsable-cite="SWDA">Solid Waste Disposal Act</act-name>, as amended:
<italic>Provided further,</italic> That notwithstanding section 603(d)(7) of
the <act-name parsable-cite="FWPCA">Federal Water Pollution Control
Act</act-name>, the limitation on the amounts in a State water pollution
control revolving fund that may be used by a State to administer the fund shall
not apply to amounts included as principal in loans made by such fund in fiscal
year 2010 and prior years where such amounts represent costs of administering
the fund to the extent that such amounts are or were deemed reasonable by the
Administrator, accounted for separately from other assets in the fund, and used
for eligible purposes of the fund, including administration: <italic>Provided
further,</italic> That for fiscal year 2010, and notwithstanding section 518(f)
of the Act, the Administrator is authorized to use the amounts appropriated for
any fiscal year under section 319 of that Act to make grants to federally
recognized Indian tribes pursuant to sections 319(h) and 518(e) of that Act:
<italic>Provided further,</italic> That, for fiscal year 2010, notwithstanding
the limitation on amounts in section 518(c) of the Federal Water Pollution
Control Act and section 1452(i) of the Safe Drinking Water Act, up to a total
of 2 percent of the funds appropriated for the Clean Water State Revolving
Funds and Drinking Water State Revolving Funds may be reserved by the
Administrator for grants to Tribes:
<proviso><italic>Provided further</italic></proviso>, That, for fiscal
year 2010, notwithstanding any other provision of law, up to a total of 1.5
percent of the funds provided for the Clean Water State Revolving Funds and
Drinking Water State Revolving Funds may be reserved by the Administrator for
grants to territories of the United States: <italic>Provided further,</italic>
That no funds provided by this appropriations Act to address the water,
wastewater and other critical infrastructure needs of the colonias in the
United States along the United States-Mexico border shall be made available to
a county or municipal government unless that government has established an
enforceable local ordinance, or other zoning rule, which prevents in that
jurisdiction the development or construction of any additional colonia areas,
or the development within an existing colonia the construction of any new home,
business, or other structure which lacks water, wastewater, or other necessary
infrastructure:
<proviso><italic>Provided further</italic></proviso>, That
notwithstanding the joint explanatory statement of the Committee on
Appropriations of the House of Representatives accompanying Public Law 111–8,
the $300,000 made available to the Village of
Crestwood for water storage improvements (as described in the table entitled
<quote>Congressionally Designated Spending</quote> in section 430 of that joint
explanatory statement) shall be made available to the City of Quincy, Illinois,
for drinking water system improvements.</text>
</appropriations-intermediate><appropriations-intermediate id="id2DC72023059D41D09F17B5FFEB39C727"><header>Administrative provisions,
environmental protection agency</header>
</appropriations-intermediate><appropriations-small id="idF3C486D92ED4416FBB93D2D5976D0687"><header>(including rescission of
funds)</header><text display-inline="no-display-inline">For fiscal year 2010,
notwithstanding 31 U.S.C. 6303(1) and 6305(1), the Administrator of the
Environmental Protection Agency, in carrying out the Agency's function to
implement directly Federal environmental programs required or authorized by law
in the absence of an acceptable tribal program, may award cooperative
agreements to federally recognized Indian Tribes or Intertribal consortia, if
authorized by their member Tribes, to assist the Administrator in implementing
Federal environmental programs for Indian Tribes required or authorized by law,
except that no such cooperative agreements may be awarded from funds designated
for State financial assistance agreements.</text><text display-inline="no-display-inline">The Administrator of the Environmental
Protection Agency is authorized to collect and obligate pesticide registration
service fees in accordance with section 33 of the
<act-name parsable-cite="FIFRA">Federal Insecticide, Fungicide, and Rodenticide
Act</act-name>, as amended by Public Law 110–94, the Pesticide Registration
Improvement Renewal Act.</text>
</appropriations-small><appropriations-small id="id369E695A6A1E4DB9873018AF29D69EAE"><text display-inline="no-display-inline">The
Administrator is authorized to transfer up to 50 percent of the funds
appropriated for the Great Lakes Initiative under the heading “Environmental
Programs and Management” to the head of any Federal department or agency, with
the concurrence of such head, to carry out activities that would support the
Great Lakes Restoration Initiative and Great Lakes Water Quality Agreement
programs, projects, or activities; to enter into an interagency agreement with
the head of such Federal department or agency to carry out these activities;
and to make grants to governmental entities, nonprofit organizations,
institutions, and individuals for planning, research, monitoring, outreach, and
implementation in furtherance of the Great Lakes Restoration Initiative and the
Great Lakes Water Quality Agreement.</text>
</appropriations-small><appropriations-small id="idC39DBBE0BE42416889EF0C8BF985E1DD"><text display-inline="no-display-inline">From
unobligated balances to carry out projects and activities funded through the
State and Tribal Assistance Grants Account,
$40,000,000 are permanently rescinded:
<proviso><italic>Provided</italic></proviso>, That no amounts may be
rescinded from amounts that were designated by Congress as an emergency
requirement pursuant to the Concurrent Resolution on the Budget or the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended.</text>
</appropriations-small><enum>III</enum>
<appropriations-major id="id5AE56936C9E3494D8F6E638A1C576E01"><header>Related
agencies</header>
</appropriations-major><appropriations-major id="id5A41A626B05C4313BE1DFCBA49E2C717"><header>Department of
agriculture</header>
</appropriations-major><appropriations-intermediate id="idDE121EEC04214D689494298583CA72C9"><header>Forest
service</header>
</appropriations-intermediate><appropriations-small id="id0C21865967484D8AB592FED4354DCA3D"><header>Forest and rangeland
research</header><text display-inline="no-display-inline">For necessary
expenses of forest and rangeland research as authorized by law,
$307,012,000, to remain available until
expended: <italic>Provided,</italic> That of the funds provided,
$66,939,000 is for the forest inventory and
analysis program.</text>
</appropriations-small><appropriations-small id="id9A9E9248EF304D03B18A4C83C3AE0DC6"><header>State and private
forestry</header><text display-inline="no-display-inline">For necessary
expenses of cooperating with and providing technical and financial assistance
to States, territories, possessions, and others, and for forest health
management, including treatments of pests, pathogens, and invasive or noxious
plants and for restoring and rehabilitating forests damaged by pests or
invasive plants, cooperative forestry, and education and land conservation
activities and conducting an international program as authorized,
$276,946,000, to remain available until
expended, as authorized by law; and of which
$55,145,000 is to be derived from the Land and
Water Conservation Fund.</text>
</appropriations-small><appropriations-small id="idB0B71F84C3C6440FAC4DF031EDEBD5B6"><header>National forest
system</header>
</appropriations-small><appropriations-small id="id211080CE266449408CB6AAF71A5A6E08"><header>(including transfers of
funds)</header><text display-inline="no-display-inline">For necessary expenses
of the Forest Service, not otherwise provided for, for management, protection,
improvement, and utilization of the National Forest System,
$1,556,329,000, to remain available until
expended, which shall include 50 percent of all moneys received during prior
fiscal years as fees collected under the <act-name parsable-cite="LWCFA">Land
and Water Conservation Fund Act of 1965</act-name>, as amended, in accordance
with section 4 of the Act (16 U.S.C. 460l–6a(i)): <italic>Provided,</italic>
That, through fiscal year 2014, the Secretary of Agriculture may authorize the
expenditure or transfer of such sums as are necessary to the Secretary of the
Interior for removal, preparation and adoption of excess wild horses and burros
from National Forest System lands and for the performance of cadastral surveys
to designate the boundaries of such lands.</text>
</appropriations-small><appropriations-small id="id7A9ADA1EFA6A42F7BD0D448315BC3D59"><header>Capital improvement and
maintenance</header>
</appropriations-small><appropriations-small id="id606EDADFC99341E989ABBDCDF809FC5E"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For necessary expenses
of the Forest Service, not otherwise provided for,
$513,418,000, to remain available until
expended<italic>,</italic> for construction, capital improvement, maintenance
and acquisition of buildings and other facilities and infrastructure; and for
construction, capital improvement, decommissioning, and maintenance of forest
roads and trails by the Forest Service as authorized by 16 U.S.C. 532–538 and
23 U.S.C. 101 and 205: <italic>Provided</italic>, That
$50,000,000 shall be designated for urgently
needed road decommissioning, road and trail repair and maintenance and
associated activities, and removal of fish passage barriers, especially in
areas where Forest Service roads may be contributing to water quality problems
in streams and water bodies which support threatened, endangered or sensitive
species or community water sources: <italic>Provided further</italic>, That up
to $40,000,000 of the funds provided herein for
road maintenance shall be available for the decommissioning of roads, including
unauthorized roads not part of the transportation system, which are no longer
needed: <italic>Provided further,</italic> That no funds shall be expended to
decommission any system road until notice and an opportunity for public comment
has been provided on each decommissioning project: <italic>Provided
further</italic>, That the decommissioning of unauthorized roads not part of
the official transportation system shall be expedited in response to threats to
public safety, water quality, or natural resources: <italic>Provided
further</italic>, That funds becoming available in fiscal year 2010 under the
Act of March 4, 1913 (16 U.S.C. 501) shall be transferred to the General Fund
of the Treasury and shall not be available for transfer or obligation for any
other purpose unless the funds are appropriated.</text>
</appropriations-small><appropriations-small id="id1FD068327ED741B4B37BCB9E44B31357"><header>Land acquisition</header><text display-inline="no-display-inline">For expenses necessary to carry out the
provisions of the <act-name parsable-cite="LWCFA">Land and Water Conservation
Fund Act of 1965</act-name>, as amended (16 U.S.C. 460l–4 through 11),
including administrative expenses, and for acquisition of land or waters, or
interest therein, in accordance with statutory authority applicable to the
Forest Service, $67,784,000, to be derived from
the Land and Water Conservation Fund and to remain available until
expended.</text>
</appropriations-small><appropriations-small id="idD7A497B54D2E463AA163B28963240AC9"><header>Acquisition of lands for national
forests special acts</header><text display-inline="no-display-inline">For
acquisition of lands within the exterior boundaries of the Cache, Uinta, and
Wasatch National Forests, Utah; the Toiyabe National Forest, Nevada; and the
Angeles, San Bernardino, Sequoia, and Cleveland National Forests, California,
as authorized by law, $1,050,000, to be derived
from forest receipts.</text>
</appropriations-small><appropriations-small id="idEDBAD97107A643689922B0E037311582"><header>Acquisition of lands to complete land
exchanges</header><text display-inline="no-display-inline">For acquisition of
lands, such sums, to be derived from funds deposited by State, county, or
municipal governments, public school districts, or other public school
authorities, and for authorized expenditures from funds deposited by
non-Federal parties pursuant to Land Sale and Exchange Acts, pursuant to the
Act of December 4, 1967, as amended (16 U.S.C. 484a), to remain available until
expended. (16 U.S.C. 4601–516–617a, 555a; Public Law 96–586; Public Law 76–589,
76–591; and 78–310).</text>
</appropriations-small><appropriations-small id="idF4B3876EB4AB40DD9FD33A2E788137B3"><header>Range betterment fund</header><text display-inline="no-display-inline">For necessary expenses of range
rehabilitation, protection, and improvement, 50 percent of all moneys received
during the prior fiscal year, as fees for grazing domestic livestock on lands
in National Forests in the 16 Western States, pursuant to section 401(b)(1) of
Public Law 94–579, as amended, to remain available until expended, of which not
to exceed 6 percent shall be available for administrative expenses associated
with on-the-ground range rehabilitation, protection, and
improvements.</text>
</appropriations-small><appropriations-small id="id2304920E82CC457D8EB409443717233B"><header>Gifts, donations and bequests for
forest and rangeland research</header><text display-inline="no-display-inline">For expenses authorized by 16 U.S.C.
1643(b), $50,000, to remain available until
expended, to be derived from the fund established pursuant to the above
Act.</text>
</appropriations-small><appropriations-small id="id1BCF6D30EC2E4C9FB99DB547F1D1527A"><header>Management of national forest lands for
subsistence uses</header><text display-inline="no-display-inline">For necessary
expenses of the Forest Service to manage Federal lands in Alaska for
subsistence uses under title VIII of the Alaska National Interest Lands
Conservation Act (Public Law 96–487),
$2,582,000, to remain available until
expended.</text>
</appropriations-small><appropriations-small id="id291B01AEC4454340A9FC05F3D054C1E4"><header>Wildland fire
management</header>
</appropriations-small><appropriations-small id="id54CA158FDB454294AFEBF68E4E487468"><header>(including transfers of
funds)</header><text display-inline="no-display-inline">For necessary expenses
for forest fire presuppression activities on National Forest System lands, for
emergency fire suppression on or adjacent to such lands or other lands under
fire protection agreement, hazardous fuels reduction on or adjacent to such
lands, and for emergency rehabilitation of burned-over National Forest System
lands and water, $2,586,637,000, to remain
available until expended: <italic>Provided,</italic> That such funds including
unobligated balances under this heading, are available for repayment of
advances from other appropriations accounts previously transferred for such
purposes: <italic>Provided further,</italic> That such funds shall be available
to reimburse State and other cooperating entities for services provided in
response to wildfire and other emergencies or disasters to the extent such
reimbursements by the Forest Service for non-fire emergencies are fully repaid
by the responsible emergency management agency: <italic>Provided
further,</italic> That, notwithstanding any other provision of law,
$8,000,000 of funds appropriated under this
appropriation shall be used for Fire Science Research in support of the Joint
Fire Science Program: <italic>Provided further,</italic> That all authorities
for the use of funds, including the use of contracts, grants, and cooperative
agreements, available to execute the Forest and Rangeland Research
appropriation, are also available in the utilization of these funds for Fire
Science Research: <italic>Provided further,</italic> That funds provided shall
be available for emergency rehabilitation and restoration, hazardous fuels
reduction activities in the urban-wildland interface, support to Federal
emergency response, and wildfire suppression activities of the Forest Service:
<italic>Provided further,</italic> That of the funds provided,
$350,285,000 is for hazardous fuels reduction
activities, $11,500,000 is for rehabilitation
and restoration, $23,917,000 is for research
activities and to make competitive research grants pursuant to the Forest and
Rangeland Renewable Resources Research Act, as amended (16 U.S.C. 1641 et
seq.), $56,250,000 is for State fire assistance,
$9,000,000 is for volunteer fire assistance,
$17,252,000 is for forest health activities on
Federal lands and $9,928,000 is for forest
health activities on State and private lands: <italic>Provided
further,</italic> That amounts in this paragraph may be transferred to the
<quote>State and Private Forestry</quote>, <quote>National Forest
System</quote>, and <quote>Forest and Rangeland Research</quote> accounts to
fund State fire assistance, volunteer fire assistance, forest health
management, forest and rangeland research, the Joint Fire Science Program,
vegetation and watershed management, heritage site rehabilitation, and wildlife
and fish habitat management and restoration: <italic>Provided further,</italic>
That up to $15,000,000 of the funds provided
under this heading for hazardous fuels treatments may be transferred to and
made a part of the <quote>National Forest System</quote> account at the sole
discretion of the Chief of the Forest Service 30 days after notifying the House
and the Senate Committees on Appropriations: <italic>Provided further,</italic>
That the costs of implementing any cooperative agreement between the Federal
Government and any non-Federal entity may be shared, as mutually agreed on by
the affected parties: <italic>Provided further,</italic> That in addition to
funds provided for State Fire Assistance programs, and subject to all
authorities available to the Forest Service under the State and Private
Forestry Appropriation, up to $15,000,000 may be
used on adjacent non-Federal lands for the purpose of protecting communities
when hazard reduction activities are planned on national forest lands that have
the potential to place such communities at risk: <italic>Provided
further,</italic> That funds made available to implement the Community Forest
Restoration Act, Public Law 106–393, title VI, shall be available for use on
non-Federal lands in accordance with authorities available to the Forest
Service under the State and Private Forestry Appropriation: <italic>Provided
further,</italic> That the Secretary of the Interior and the Secretary of
Agriculture may authorize the transfer of funds appropriated for wildland fire
management, in an aggregate amount not to exceed
$10,000,000, between the Departments when such
transfers would facilitate and expedite jointly funded wildland fire management
programs and projects: <italic>Provided further,</italic> That of the funds
provided for hazardous fuels reduction, not to exceed
$10,000,000, may be used to make grants, using
any authorities available to the Forest Service under the State and Private
Forestry appropriation, for the purpose of creating incentives for increased
use of biomass from national forest lands: <italic>Provided further,</italic>
That funds designated for wildfire suppression shall be assessed for cost pools
on the same basis as such assessments are calculated against other agency
programs.</text>
</appropriations-small><appropriations-small id="id27998DD2706745098E8A8F3F439ECEF5"><header>Administrative provisions, forest
service</header>
</appropriations-small><appropriations-small id="id3B5E4A95082B47E39C805F91023B9C01"><header>(INCLUDING TRANSFERS OF
FUNDS)</header><text display-inline="no-display-inline">Appropriations to the
Forest Service for the current fiscal year shall be available for: (1) purchase
of passenger motor vehicles; acquisition of passenger motor vehicles from
excess sources, and hire of such vehicles; purchase, lease, operation,
maintenance, and acquisition of aircraft from excess sources to maintain the
operable fleet for use in Forest Service wildland fire programs and other
Forest Service programs; notwithstanding other provisions of law, existing
aircraft being replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft; (2) services
pursuant to 7 U.S.C. 2225, and not to exceed
$100,000 for employment under 5 U.S.C. 3109; (3)
purchase, erection, and alteration of buildings and other public improvements
(7 U.S.C. 2250); (4) acquisition of land, waters, and interests therein
pursuant to 7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers in the
National Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost
of uniforms as authorized by 5 U.S.C. 5901–5902; and (7) for debt collection
contracts in accordance with 31 U.S.C. 3718(c).</text><text display-inline="no-display-inline">Any appropriations or funds available to the
Forest Service may be transferred to the Wildland Fire Management appropriation
for wildland firefighting, emergency rehabilitation of burned-over or damaged
lands or waters under its jurisdiction, and fire preparedness due to severe
burning conditions upon notification of the Committees on Appropriations for
the House of Representatives and Senate if the Secretary of Agriculture
determines that all emergency fire suppression funds appropriated under the
heading “Wildland Fire Management” will be fully obligated within 30
days.</text><text display-inline="no-display-inline">Funds appropriated to the
Forest Service shall be available for assistance to or through the Agency for
International Development in connection with forest and rangeland research,
technical information, and assistance in foreign countries, and shall be
available to support forestry and related natural resource activities outside
the United States and its territories and possessions, including technical
assistance, education and training, and cooperation with United States and
international organizations.</text><text display-inline="no-display-inline">None of the funds made available to the
Forest Service in this Act or any other Act with respect to any fiscal year
shall be subject to transfer under the provisions of section 702(b) of the
Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of
Public Law 106–224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107–107
(7 U.S.C. 8316(b)).</text><text display-inline="no-display-inline">None of the
funds available to the Forest Service may be reprogrammed without the advance
approval of the House and Senate Committees on Appropriations in accordance
with the reprogramming procedures contained in title IV of this
Act.</text><text display-inline="no-display-inline">Not more than
$88,785,000 of funds available to the Forest
Service shall be transferred to the Working Capital Fund of the Department of
Agriculture and not more than $19,400,000 of
funds available to the Forest Service shall be transferred to the Department of
Agriculture for Department Reimbursable Programs, commonly referred to as
Greenbook charges. Nothing in this paragraph shall prohibit or limit the use of
reimbursable agreements requested by the Forest Service in order to obtain
services from the Department of Agriculture's National Information Technology
Center.</text><text display-inline="no-display-inline">Funds available to the
Forest Service shall be available to conduct a program of up to
$5,000,000 for priority projects within the
scope of the approved budget, of which
$2,500,000 shall be carried out by the Youth
Conservation Corps and $2,500,000 shall be
carried out under the authority of the Public Lands Corps Healthy Forests
Restoration Act of 2005, Public Law 109–154.</text><text display-inline="no-display-inline">Of the funds available to the Forest
Service, $4,000 is available to the Chief of the
Forest Service for official reception and representation expenses.</text><text display-inline="no-display-inline">Pursuant to sections 405(b) and 410(b) of
Public Law 101–593, of the funds available to the Forest Service, up to
$2,000,000 may be advanced in a lump sum to the
National Forest Foundation to aid conservation partnership projects in support
of the Forest Service mission, without regard to when the Foundation incurs
expenses, for administrative expenses or projects on or benefitting National
Forest System lands or related to Forest Service programs:
<italic>Provided,</italic> That, of the Federal funds made available to the
Foundation, no more than $200,000 shall be
available for administrative expenses:
<proviso><italic>Provided further</italic></proviso>, That the
Foundation shall obtain, by the end of the period of Federal financial
assistance, private contributions to match on at least one-for-one basis funds
made available by the Forest Service: <italic>Provided further</italic>, That
the Foundation may transfer Federal funds to Federal or a non-Federal recipient
for a project at the same rate that the recipient has obtained the non-Federal
matching funds: <italic>Provided further</italic>, That authorized investments
of Federal funds held by the Foundation may be made only in interest-bearing
obligations of the United States or in obligations guaranteed as to both
principal and interest by the United States.</text><text display-inline="no-display-inline">Pursuant to section 2(b)(2) of Public Law
98–244, $2,650,000 of the funds available to the
Forest Service shall be advanced to the National Fish and Wildlife Foundation
in a lump sum to aid cost-share conservation projects, without regard to when
expenses are incurred, on or benefitting National Forest System lands or
related to Forest Service programs: <italic>Provided</italic>, That such funds
shall be matched on at least a one-for-one basis by the Foundation or its
sub-recipients: <italic>Provided further</italic>, That the Foundation may
transfer Federal funds to a Federal or non-Federal recipient for a project at
the same rate that the recipient has obtained the non-Federal matching
funds.</text><text display-inline="no-display-inline">Funds appropriated to the
Forest Service shall be available for interactions with and providing technical
assistance to rural communities and natural resource-based businesses for
sustainable rural development purposes.</text><text display-inline="no-display-inline">Funds appropriated to the Forest Service
shall be available for payments to counties within the Columbia River Gorge
National Scenic Area, pursuant to section 14(c)(1) and (2), and section
16(a)(2) of Public Law 99–663.</text><text display-inline="no-display-inline">An eligible individual who is employed in
any project funded under title V of the Older American Act of 1965 (42 U.S.C.
3056 et seq.) and administered by the Forest Service shall be considered to be
a Federal employee for purposes of chapter 171 of title 28, United States
Code.</text><text display-inline="no-display-inline">Any funds appropriated to
the Forest Service may be used to meet the non-Federal share requirement in
section 502(c) of the Older American Act of 1965 (42 U.S.C.
3056(c)(2)).</text><text display-inline="no-display-inline">Funds available to
the Forest Service, not to exceed $55,000,000,
shall be assessed for the purpose of performing fire, administrative and other
facilities maintenance. Such assessments shall occur using a square foot rate
charged on the same basis the agency uses to assess programs for payment of
rent, utilities, and other support services.</text><text display-inline="no-display-inline">Notwithstanding any other provision of law,
any appropriations or funds available to the Forest Service not to exceed
$500,000 may be used to reimburse the Office of
the General Counsel (OGC), Department of Agriculture, for travel and related
expenses incurred as a result of OGC assistance or participation requested by
the Forest Service at meetings, training sessions, management reviews, land
purchase negotiations and similar non-litigation related matters. Future budget
justifications for both the Forest Service and the Department of Agriculture
should clearly display the sums previously transferred and the requested
funding transfers.</text><text display-inline="no-display-inline">Funds
provided to the Forest Service in this Act may be used for the purpose of
expenses associated with primary and secondary schooling for the 2009–2010
school year of dependents of agency personnel stationed in Puerto Rico, at a
cost not in excess of those authorized by the Department of Defense for that
same area, when it is determined by the Chief of the Forest Service that public
schools available in the locality are unable to provide adequately for the
education of such dependents.</text>
</appropriations-small><appropriations-major id="idDB4E01EAB14C4812B1F093A633FABF43"><header>Department of health and human
services</header>
</appropriations-major><appropriations-intermediate id="idBC7CD7F130C7408A8C4AFA69C75CCEA3"><header>Indian health
service</header>
</appropriations-intermediate><appropriations-small id="id8C99A932F81E4A549F7ED9C2FC940051"><header>Indian health services</header><text display-inline="no-display-inline">For expenses necessary to carry out the Act
of August 5, 1954 (68 Stat. 674), the <act-name parsable-cite="ISDEAA">Indian
Self-Determination Act</act-name>, the <act-name parsable-cite="IHCIA">Indian
Health Care Improvement Act</act-name>, and titles II and III of the
<act-name parsable-cite="PHSA">Public Health Service Act</act-name> with
respect to the Indian Health Service,
$3,639,868,000, together with payments received
during the fiscal year pursuant to 42 U.S.C. 238(b) and 238b for services
furnished by the Indian Health Service: <italic>Provided</italic>, That funds
made available to tribes and tribal organizations through contracts, grant
agreements, or any other agreements or compacts authorized by the
<act-name parsable-cite="ISDA">Indian Self-Determination and Education
Assistance Act</act-name> of 1975 (25 U.S.C. 450), shall be deemed to be
obligated at the time of the grant or contract award and thereafter shall
remain available to the tribe or tribal organization without fiscal year
limitation: <italic>Provided further</italic>, That
$779,347,000 for contract medical care,
including $48,000,000 for the Indian
Catastrophic Health Emergency Fund, shall remain available until expended:
<italic>Provided further</italic>, That
$18,251,000 is provided for Headquarters
operations and information technology activities and, notwithstanding any other
provision of law, the amount available under this proviso shall be allocated at
the discretion of the Director of the Indian Health Service: <italic>Provided
further</italic>, That of the funds provided, up to
$32,000,000 shall remain available until
expended for implementation of the loan repayment program under section 108 of
the <act-name parsable-cite="IHCIA">Indian Health Care Improvement
Act</act-name>: <italic>Provided further</italic>, That
$16,391,000 is provided for the methamphetamine
and suicide prevention and treatment initiative and
$7,500,000 is provided for the domestic violence
prevention initiative and, notwithstanding any other provision of law, the
amounts available under this proviso shall be allocated at the discretion of
the Director of the Indian Health Service and shall remain available until
expended: <italic>Provided further</italic>, That funds provided in this Act
may be used for annual contracts and grants that fall within two fiscal years,
provided the total obligation is recorded in the year the funds are
appropriated: <italic>Provided further</italic>, That the amounts collected by
the Secretary of Health and Human Services under the authority of title IV of
the <act-name parsable-cite="IHCIA">Indian Health Care Improvement
Act</act-name> shall remain available until expended for the purpose of
achieving compliance with the applicable conditions and requirements of titles
XVIII and XIX of the <act-name parsable-cite="SSA">Social Security
Act</act-name>, except for those related to the planning, design, or
construction of new facilities: <italic>Provided further</italic>, That funding
contained herein for scholarship programs under the
<act-name parsable-cite="IHCIA">Indian Health Care Improvement Act</act-name>
(25 U.S.C. 1613) shall remain available until expended: <italic>Provided
further</italic>, That amounts received by tribes and tribal organizations
under title IV of the <act-name parsable-cite="IHCIA">Indian Health Care
Improvement Act</act-name> shall be reported and accounted for and available to
the receiving tribes and tribal organizations until expended: <italic>Provided
further</italic>, That, notwithstanding any other provision of law, of the
amounts provided herein, not to exceed
$389,490,000 shall be for payments to tribes and
tribal organizations for contract or grant support costs associated with
contracts, grants, self-governance compacts, or annual funding agreements
between the Indian Health Service and a tribe or tribal organization pursuant
to the <act-name parsable-cite="ISDEAA">Indian Self-Determination
Act</act-name> of 1975, as amended, prior to or during fiscal year 2010, of
which not to exceed $5,000,000 may be used for
contract support costs associated with new or expanded self-determination
contracts, grants, self-governance compacts, or annual funding agreements:
<italic>Provided further</italic>, That the Bureau of Indian Affairs may
collect from the Indian Health Service, tribes and tribal organizations
operating health facilities pursuant to Public Law 93–638, such individually
identifiable health information relating to disabled children as may be
necessary for the purpose of carrying out its functions under the Individuals
with Disabilities Education Act (20 U.S.C. 1400, et seq.): <italic>Provided
further</italic>, That the Indian Health Care Improvement Fund may be used, as
needed, to carry out activities typically funded under the Indian Health
Facilities account.</text>
</appropriations-small><appropriations-small id="id1AA88AF627874E33BF59503020497E41"><header>Indian health facilities</header><text display-inline="no-display-inline">For construction, repair, maintenance,
improvement, and equipment of health and related auxiliary facilities,
including quarters for personnel; preparation of plans, specifications, and
drawings; acquisition of sites, purchase and erection of modular buildings, and
purchases of trailers; and for provision of domestic and community sanitation
facilities for Indians, as authorized by section 7 of the Act of August 5, 1954
(42 U.S.C. 2004a), the <act-name parsable-cite="ISDEAA">Indian
Self-Determination Act</act-name>, and the <act-name parsable-cite="IHCIA">Indian Health Care Improvement Act</act-name>, and for
expenses necessary to carry out such Acts and titles II and III of the
<act-name parsable-cite="PHSA">Public Health Service Act</act-name> with
respect to environmental health and facilities support activities of the Indian
Health Service, $394,757,000, to remain
available until expended: <italic>Provided</italic>, That notwithstanding any
other provision of law, funds appropriated for the planning, design,
construction, renovation or expansion of health facilities for the benefit of
an Indian tribe or tribes may be used to purchase land on which such facilities
will be located: <italic>Provided further</italic>, That not to exceed
$500,000 shall be used by the Indian Health
Service to purchase TRANSAM equipment from the Department of Defense for
distribution to the Indian Health Service and tribal facilities:
<italic>Provided further</italic>, That none of the funds appropriated to the
Indian Health Service may be used for sanitation facilities construction for
new homes funded with grants by the housing programs of the United States
Department of Housing and Urban Development: <italic>Provided further</italic>,
That not to exceed $2,700,000 from this account
and the <quote>Indian Health Services</quote> account shall be used by the
Indian Health Service to obtain ambulances for the Indian Health Service and
tribal facilities in conjunction with an existing interagency agreement between
the Indian Health Service and the General Services Administration:
<italic>Provided further</italic>, That not to exceed
$500,000 shall be placed in a Demolition Fund,
to remain available until expended, and be used by the Indian Health Service
for the demolition of Federal buildings.</text>
</appropriations-small><appropriations-small id="idAF26A60A1A784BC399F1DA4DAD44667A"><header>Administrative provisions, indian
health service</header><text display-inline="no-display-inline">Appropriations
provided in this Act to the Indian Health Service shall be available for
services as authorized by 5 U.S.C. 3109 at rates not to exceed the per diem
rate equivalent to the maximum rate payable for senior-level positions under 5
U.S.C. 5376; hire of passenger motor vehicles and aircraft; purchase of medical
equipment; purchase of reprints; purchase, renovation and erection of modular
buildings and renovation of existing facilities; payments for telephone service
in private residences in the field, when authorized under regulations approved
by the Secretary; uniforms or allowances therefor as authorized by 5 U.S.C.
5901–5902; and for expenses of attendance at meetings that relate to the
functions or activities of the Indian Health Service.</text><text display-inline="no-display-inline">In accordance with the provisions of the
<act-name parsable-cite="IHCIA">Indian Health Care Improvement Act</act-name>,
non-Indian patients may be extended health care at all tribally administered or
Indian Health Service facilities, subject to charges, and the proceeds along
with funds recovered under the Federal Medical Care Recovery Act (42 U.S.C.
2651–2653) shall be credited to the account of the facility providing the
service and shall be available without fiscal year limitation. Notwithstanding
any other law or regulation, funds transferred from the Department of Housing
and Urban Development to the Indian Health Service shall be administered under
Public Law 86–121, the Indian Sanitation Facilities Act and Public Law 93–638,
as amended.</text><text display-inline="no-display-inline">Funds appropriated
to the Indian Health Service in this Act, except those used for administrative
and program direction purposes, shall not be subject to limitations directed at
curtailing Federal travel and transportation.</text><text display-inline="no-display-inline">None of the funds made available to the
Indian Health Service in this Act shall be used for any assessments or charges
by the Department of Health and Human Services unless identified in the budget
justification and provided in this Act, or approved by the House and Senate
Committees on Appropriations through the reprogramming process.</text><text display-inline="no-display-inline">Notwithstanding any other provision of law,
funds previously or herein made available to a tribe or tribal organization
through a contract, grant, or agreement authorized by title I or title V of the
<act-name parsable-cite="ISDA">Indian Self-Determination and Education
Assistance Act</act-name> of 1975 (25 U.S.C. 450), may be deobligated and
reobligated to a self-determination contract under title I, or a
self-governance agreement under title V of such Act and thereafter shall remain
available to the tribe or tribal organization without fiscal year
limitation.</text><text display-inline="no-display-inline">None of the funds
made available to the Indian Health Service in this Act shall be used to
implement the final rule published in the Federal Register on September 16,
1987, by the Department of Health and Human Services, relating to the
eligibility for the health care services of the Indian Health Service until the
Indian Health Service has submitted a budget request reflecting the increased
costs associated with the proposed final rule, and such request has been
included in an appropriations Act and enacted into law.</text><text display-inline="no-display-inline">With respect to functions transferred by the
Indian Health Service to tribes or tribal organizations, the Indian Health
Service is authorized to provide goods and services to those entities on a
reimbursable basis, including payments in advance with subsequent adjustment.
The reimbursements received therefrom, along with the funds received from those
entities pursuant to the <act-name parsable-cite="ISDEAA">Indian
Self-Determination Act</act-name>, may be credited to the same or subsequent
appropriation account from which the funds were originally derived, with such
amounts to remain available until expended.</text><text display-inline="no-display-inline">Reimbursements for training, technical
assistance, or services provided by the Indian Health Service will contain
total costs, including direct, administrative, and overhead associated with the
provision of goods, services, or technical assistance.</text><text display-inline="no-display-inline">The appropriation structure for the Indian
Health Service may not be altered without advance notification to the House and
Senate Committees on Appropriations.</text>
</appropriations-small><appropriations-intermediate id="id3D3DDD7B01AA44078E90854A18534C31"><header>National institutes of
health</header>
</appropriations-intermediate><appropriations-small id="idAF022A9C3B39478AB7F0169E1F26DF1A"><header>National institute of environmental
health sciences</header><text display-inline="no-display-inline">For necessary
expenses for the National Institute of Environmental Health Sciences in
carrying out activities set forth in section 311(a) of the
<act-name parsable-cite="CERCL">Comprehensive Environmental Response,
Compensation, and Liability Act of 1980</act-name>, as amended, and section
126(g) of the Superfund Amendments and Reauthorization Act of 1986,
$79,212,000.</text>
</appropriations-small><appropriations-intermediate id="id90FDE8CB114B4E90BD959C79166883DB"><header>Agency for toxic substances and disease
registry</header>
</appropriations-intermediate><appropriations-small id="idFAA252EB8754463886D699ECC8E039C2"><header>Toxic substances and environmental
public health</header><text display-inline="no-display-inline">For necessary
expenses for the Agency for Toxic Substances and Disease Registry (ATSDR) in
carrying out activities set forth in sections 104(i) and 111(c)(4) of the
<act-name parsable-cite="CERCL">Comprehensive Environmental Response,
Compensation, and Liability Act of 1980</act-name> (CERCLA), as amended;
section 118(f) of the Superfund Amendments and Reauthorization Act of 1986
(SARA), as amended; and section 3019 of the <act-name parsable-cite="SWDA">Solid Waste Disposal Act</act-name>, as amended,
$76,792,000, of which up to
$1,000 to remain available until expended, is
for Individual Learning Accounts for full-time equivalent employees of the
Agency for Toxic Substances and Disease Registry: <italic>Provided</italic>,
That notwithstanding any other provision of law, in lieu of performing a health
assessment under section 104(i)(6) of CERCLA, the Administrator of ATSDR may
conduct other appropriate health studies, evaluations, or activities,
including, without limitation, biomedical testing, clinical evaluations,
medical monitoring, and referral to accredited health care providers:
<italic>Provided further</italic>, That in performing any such health
assessment or health study, evaluation, or activity, the Administrator of ATSDR
shall not be bound by the deadlines in section 104(i)(6)(A) of CERCLA:
<italic>Provided further</italic>, That none of the funds appropriated under
this heading shall be available for ATSDR to issue in excess of 40
toxicological profiles pursuant to section 104(i) of CERCLA during fiscal year
2010, and existing profiles may be updated as
necessary.</text>
</appropriations-small><appropriations-major id="id65F32933C4A849679895EFD7ABEBEE74"><header>Other related
agencies</header>
</appropriations-major><appropriations-intermediate id="id709E59404A0540E3ABEA2D244C92BE4D"><header>Executive office of the
president</header>
</appropriations-intermediate><appropriations-small id="id4FAAAD25D9784BD5916383D1C14136DE"><header>Council on environmental quality and
office of environmental quality</header><text display-inline="no-display-inline">For necessary expenses to continue functions
assigned to the Council on Environmental Quality and Office of Environmental
Quality pursuant to the <act-name parsable-cite="NEPA69">National Environmental
Policy Act of 1969</act-name>, the Environmental Quality Improvement Act of
1970, and Reorganization Plan No. 1 of 1977, and not to exceed
$750 for official reception and representation
expenses, $3,159,000: <italic>Provided,</italic>
That notwithstanding section 202 of the National Environmental Policy Act of
1970, the Council shall consist of one member, appointed by the President, by
and with the advice and consent of the Senate, serving as chairman and
exercising all powers, functions, and duties of the
Council.</text>
</appropriations-small><appropriations-intermediate id="idA0DCAB83C2A34C8E9F6D4F9619DDA3CD"><header>Chemical safety and hazard
investigation board</header>
</appropriations-intermediate><appropriations-small id="id194A98A0D963422685084808A54C9CF1"><header>Salaries and
expenses</header>
</appropriations-small><appropriations-small id="idAC515618767342488FCACFA4F55B501D"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For necessary expenses
in carrying out activities pursuant to section 112(r)(6) of the
<act-name parsable-cite="CAA">Clean Air Act</act-name>, as amended, including
hire of passenger vehicles, uniforms or allowances therefor, as authorized by 5
U.S.C. 5901–5902, and for services authorized by 5 U.S.C. 3109 but at rates for
individuals not to exceed the per diem equivalent to the maximum rate payable
for senior level positions under 5 U.S.C. 5376,
$11,195,000.</text>
</appropriations-small><appropriations-intermediate id="id2C5D9C57EF4847308ABEE89219164261"><header>Office of navajo and hopi indian
relocation</header>
</appropriations-intermediate><appropriations-small id="id3619A30C00E341DE9C19841D79B56801"><header>Salaries and expenses</header><text display-inline="no-display-inline">For necessary expenses of the Office of
Navajo and Hopi Indian Relocation as authorized by Public Law 93–531,
$8,000,000, to remain available until expended:
<italic>Provided,</italic> That funds provided in this or any other
appropriations Act are to be used to relocate eligible individuals and groups
including evictees from District 6, Hopi-partitioned lands residents, those in
significantly substandard housing, and all others certified as eligible and not
included in the preceding categories: <italic>Provided further,</italic> That
none of the funds contained in this or any other Act may be used by the Office
of Navajo and Hopi Indian Relocation to evict any single Navajo or Navajo
family who, as of November 30, 1985, was physically domiciled on the lands
partitioned to the Hopi Tribe unless a new or replacement home is provided for
such household: <italic>Provided further,</italic> That no relocatee will be
provided with more than one new or replacement home: <italic>Provided
further,</italic> That the Office shall relocate any certified eligible
relocatees who have selected and received an approved homesite on the Navajo
reservation or selected a replacement residence off the Navajo reservation or
on the land acquired pursuant to 25 U.S.C.
640d–10.</text>
</appropriations-small><appropriations-intermediate id="id27B080C6BCAF4740B4485E70234F45F2"><header>Institute of american indian and alaska
native culture and arts development</header>
</appropriations-intermediate><appropriations-small id="id514E40DC73A74C71929B3FE7162C8D4B"><header>Payment to the institute</header><text display-inline="no-display-inline">For payment to the Institute of American
Indian and Alaska Native Culture and Arts Development, as authorized by title
XV of Public Law 99–498, as amended (20 U.S.C. 56 part A),
$8,300,000.</text>
</appropriations-small><appropriations-intermediate id="id628E1545571A4C959927E5C32B35ED01"><header>Smithsonian
institution</header>
</appropriations-intermediate><appropriations-small id="id963EFD386BAA48368234AEC7D603FA93"><header>Salaries and expenses</header><text display-inline="no-display-inline">For necessary expenses of the Smithsonian
Institution, as authorized by law, including research in the fields of art,
science, and history; development, preservation, and documentation of the
National Collections; presentation of public exhibits and performances;
collection, preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance programs;
maintenance, alteration, operation, lease agreements of no more than 30 years,
and protection of buildings, facilities, and approaches; not to exceed
$100,000 for services as authorized by 5 U.S.C.
3109; and purchase, rental, repair, and cleaning of uniforms for employees,
$634,161,000, of which not to exceed
$19,117,000 for the instrumentation program,
collections acquisition, exhibition reinstallation, the National Museum of
African American History and Culture, and the repatriation of skeletal remains
program shall remain available until expended; of which
$1,553,000 for fellowships and scholarly awards
shall remain available until September 30, 2011; and including such funds as
may be necessary to support American overseas research centers:
<italic>Provided,</italic> That funds appropriated herein are available for
advance payments to independent contractors performing research services or
participating in official Smithsonian
presentations.</text>
</appropriations-small><appropriations-small id="id11E6A2EFB2964DA9A9B60DD1C31DD296"><header>Facilities capital</header><text display-inline="no-display-inline">For necessary expenses of repair,
revitalization, and alteration of facilities owned or occupied by the
Smithsonian Institution, by contract or otherwise, as authorized by section 2
of the Act of August 22, 1949 (63 Stat. 623), and for construction, including
necessary personnel, $125,000,000, to remain
available until expended, of which not to exceed
$10,000 is for services as authorized by 5
U.S.C. 3109.</text>
</appropriations-small><appropriations-small id="id85936189DCFB453CA05B411BDE855BDD"><header>Legacy
fund</header>
</appropriations-small><appropriations-small id="id00FAA1396B3A407BAA5B9EE63849CD94"><header>(including rescission of
funds)</header><text display-inline="no-display-inline">For the purpose of
developing a public-private partnership to facilitate the reopening of the Arts
and Industries Building of the Smithsonian Institution,
$30,000,000, to remain available until expended,
for repair, renovation and revitalization of the building:
<proviso><italic>Provided</italic></proviso>, That such funds shall be
matched on a 1:1 basis by private donations:
<proviso><italic>Provided further</italic></proviso>, That major
in-kind donations that contribute significantly to the redesign and purpose of
the reopened building be considered to qualify toward the total private match:
<proviso><italic>Provided further</italic></proviso>, That privately
contributed endowments, which are designated for the care and renewal of
permanent exhibitions installed in the Arts and Industries Building, be
considered as qualifying toward the total private match:
<proviso><italic>Provided further</italic></proviso>, That this
appropriation may be made available to the Smithsonian Institution
incrementally as private funding becomes available:
<proviso><italic>Provided further</italic></proviso>, That any other
provision of law that adjusts the overall amount of the Federal appropriation
for this account shall also apply to the privately contributed requirement:
<proviso><italic>Provided further</italic></proviso>, That the
unobligated balances provided under this heading in Public Law 110–161 and
Public Law 111–8 are hereby rescinded.</text>
</appropriations-small><appropriations-intermediate id="idB12C468C53264E5086F106970DA65C7B"><header>National gallery of
art</header>
</appropriations-intermediate><appropriations-small id="id2AAB120080D54AD4AF3F9F7E5E7AE3E6"><header>Salaries and expenses</header><text display-inline="no-display-inline">For the upkeep and operations of the
National Gallery of Art, the protection and care of the works of art therein,
and administrative expenses incident thereto, as authorized by the Act of March
24, 1937 (50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including services as authorized
by 5 U.S.C. 3109; payment in advance when authorized by the treasurer of the
Gallery for membership in library, museum, and art associations or societies
whose publications or services are available to members only, or to members at
a price lower than to the general public; purchase, repair, and cleaning of
uniforms for guards, and uniforms, or allowances therefor, for other employees
as authorized by law (5 U.S.C. 5901–5902); purchase or rental of devices and
services for protecting buildings and contents thereof, and maintenance,
alteration, improvement, and repair of buildings, approaches, and grounds; and
purchase of services for restoration and repair of works of art for the
National Gallery of Art by contracts made, without advertising, with
individuals, firms, or organizations at such rates or prices and under such
terms and conditions as the Gallery may deem proper,
$110,746,000, of which not to exceed
$3,386,000 for the special exhibition program
shall remain available until expended.</text>
</appropriations-small><appropriations-small id="id0A088941131149FBB09834343302E9CF"><header>Repair, restoration and renovation of
buildings</header><text display-inline="no-display-inline">For necessary
expenses of repair, restoration and renovation of buildings, grounds and
facilities owned or occupied by the National Gallery of Art, by contract or
otherwise, as authorized, $54,499,000, to remain
available until expended: <italic>Provided,</italic> That of this amount, up to
$40,000,000 shall be available for repair of the
National Gallery's East Building façade:
<proviso><italic>Provided further</italic></proviso>, That
notwithstanding any other provision of law, a single procurement for the
foregoing Major Critical Project may be issued which includes the full scope of
the project:
<proviso><italic>Provided further</italic></proviso>, That the
solicitation and contract shall contain the clause “availability of funds”
found at 48 CFR 52.232.18:
<proviso><italic>Provided further</italic></proviso>, That contracts
awarded for environmental systems, protection systems, and exterior repair or
renovation of buildings of the National Gallery of Art may be negotiated with
selected contractors and awarded on the basis of contractor qualifications as
well as price.</text>
</appropriations-small><appropriations-intermediate id="idA2C287E508F14826BB2518D36A1A6702"><header>John f. kennedy center for the
performing arts</header>
</appropriations-intermediate><appropriations-small id="id9D1C2338AB9E4A3B9AB2076C26DABC38"><header>Operations and
maintenance</header><text display-inline="no-display-inline">For necessary
expenses for the operation, maintenance and security of the John F. Kennedy
Center for the Performing Arts,
$22,500,000.</text>
</appropriations-small><appropriations-small id="id698A1D2110214CFBBC84783E4AE6C6E7"><header>Capital repair and
restoration</header><text display-inline="no-display-inline">For necessary
expenses for capital repair and restoration of the existing features of the
building and site of the John F. Kennedy Center for the Performing Arts,
$17,447,000, to remain available until
expended.</text>
</appropriations-small><appropriations-intermediate id="idF5E8E39C4AF5456CA525FBA03B281D6B"><header>Woodrow wilson international center for
scholars</header>
</appropriations-intermediate><appropriations-small id="id65A76B79A2044E528616A93B1CBB2D43"><header>Salaries and expenses</header><text display-inline="no-display-inline">For expenses necessary in carrying out the
provisions of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including
hire of passenger vehicles and services as authorized by 5 U.S.C. 3109,
$10,225,000.</text>
</appropriations-small><appropriations-intermediate id="id9984D8D4AD53439E8581C9DBF57AF408"><header>National foundation on the arts and the
humanities</header>
</appropriations-intermediate><appropriations-intermediate id="idEFD04E65AE69422EA55A82CEA0AFD624"><header>National endowment for the
arts</header>
</appropriations-intermediate><appropriations-small id="id70296FEA60AC4BCEADC1ED72C61C4E5B"><header>Grants and
administration</header>
</appropriations-small><appropriations-small id="id3BEBC96C204D4FEBBADF086F61E514F9"><text display-inline="no-display-inline">For
necessary expenses to carry out the <act-name parsable-cite="NFAHA">National
Foundation on the Arts and the Humanities Act of 1965</act-name>, as amended,
$161,315,000 shall be available to the National
Endowment for the Arts for the support of projects and productions in the arts,
including arts education and public outreach activities, through assistance to
organizations and individuals pursuant to section 5 of the Act, for program
support, and for administering the functions of the Act, to remain available
until expended: <italic>Provided,</italic> That funds appropriated herein shall
be expended in accordance with sections 309 and 311 of Public Law
108–447.</text>
</appropriations-small><appropriations-intermediate id="idBC2B59E3A7074055A0C4878E5FD5C548"><header>National endowment for the
humanities</header>
</appropriations-intermediate><appropriations-small id="id74B727EEABB24D6197D9DA7CB8C147EF"><header>Grants and administration</header><text display-inline="no-display-inline">For necessary expenses to carry out the
<act-name parsable-cite="NFAHA">National Foundation on the Arts and the
Humanities Act of 1965</act-name>, as amended,
$161,315,000, to remain available until
expended, of which $147,015,000 shall be
available for support of activities in the humanities, pursuant to section 7(c)
of the Act and for administering the functions of the Act; and
$14,300,000 shall be available to carry out the
matching grants program pursuant to section 10(a)(2) of the Act including
$9,500,000 for the purposes of section 7(h):
<italic>Provided</italic>, That appropriations for carrying out section
10(a)(2) shall be available for obligation only in such amounts as may be equal
to the total amounts of gifts, bequests, and devises of money, and other
property accepted by the chairman or by grantees of the Endowment under the
provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the current and
preceding fiscal years for which equal amounts have not previously been
appropriated.</text>
</appropriations-small><appropriations-small id="idBCA684505BB04AF09025A5A4A76E7DE9"><header>Administrative provisions</header><text display-inline="no-display-inline">None of the funds appropriated to the
National Foundation on the Arts and the Humanities may be used to process any
grant or contract documents which do not include the text of 18 U.S.C.
1913.</text><text display-inline="no-display-inline">None of the funds
appropriated to the National Foundation on the Arts and the Humanities may be
used for official reception and representation expenses:
<proviso><italic>Provided</italic></proviso>, That funds from
nonappropriated sources may be used as necessary for official reception and
representation expenses.</text><text display-inline="no-display-inline">The
Chairperson of the National Endowment for the Arts may approve grants of up to
$10,000, if in the aggregate this amount does
not exceed 5 percent of the sums appropriated for grant-making purposes per
year:
<proviso><italic>Provided</italic></proviso>, That such small grant
actions are taken pursuant to the terms of an expressed and direct delegation
of authority from the National Council on the Arts to the
Chairperson.</text>
</appropriations-small><appropriations-intermediate id="id688824706504473C8508FDCA6F932C23"><header>Commission of fine
arts</header>
</appropriations-intermediate><appropriations-small id="id2E67C6F7E9124D88BC47A6212589AB4F"><header>Salaries and expenses</header><text display-inline="no-display-inline">For expenses made necessary by the Act
establishing a Commission of Fine Arts (40 U.S.C. 104),
$2,294,000: <italic>Provided,</italic> That the
Commission is authorized to charge fees to cover the full costs of its
publications, and such fees shall be credited to this account as an offsetting
collection, to remain available until expended without further appropriation:
<proviso><italic>Provided further</italic></proviso>, That the
Commission is authorized to accept gifts, including objects, papers, artwork,
drawings and artifacts, that pertain to the history and design of the Nation’s
Capital or the history and activities of the Commission of Fine Arts, for the
purpose of artistic display, study or education.</text>
</appropriations-small><appropriations-small id="idB89E221BDFBF46B7B2149191E1EE7F7F"><header>National capital arts and cultural
affairs</header><text display-inline="no-display-inline">For necessary expenses
as authorized by Public Law 99–190 (20 U.S.C. 956a), as amended,
$9,500,000: <italic>Provided</italic>, That no
organization shall receive a grant in excess of
$650,000 in a single
year.</text>
</appropriations-small><appropriations-intermediate id="idED61BD5A97804265AD93AAE5E2160D62"><header>Advisory council on historic
preservation</header>
</appropriations-intermediate><appropriations-small id="idC60477F6CC5C4AEBA8CF8198C071F7BA"><header>Salaries and expenses</header><text display-inline="no-display-inline">For necessary expenses of the Advisory
Council on Historic Preservation (Public Law 89–665, as amended),
$5,908,000: <italic>Provided,</italic> That none
of these funds shall be available for compensation of level V of the Executive
Schedule or higher positions.</text>
</appropriations-small><appropriations-intermediate id="id9D18CBD6517F4999A6F40A819E34F708"><header>National capital planning
commission</header>
</appropriations-intermediate><appropriations-small id="idE05BA1B2E3B742CB95A7F1925282BF30"><header>Salaries and expenses</header><text display-inline="no-display-inline">For necessary expenses, as authorized by the
National Capital Planning Act of 1952 (40 U.S.C. 71–71i), including services as
authorized by 5 U.S.C. 3109, $8,507,000:
<italic>Provided,</italic> That one-quarter of 1 percent of the funds provided
under this heading may be used for official reception and representational
expenses associated with hosting international visitors engaged in the planning
and physical development of world capitals.</text>
</appropriations-small><appropriations-intermediate id="id8896E4B1E21647C1A5674E1F9CC32B82"><header>United states holocaust memorial
museum</header>
</appropriations-intermediate><appropriations-small id="id894C0B85FEAC49DEA8BCE2E5BC943832"><header>Holocaust memorial museum</header><text display-inline="no-display-inline">For expenses of the Holocaust Memorial
Museum, as authorized by Public Law 106–292 (36 U.S.C. 2301–2310),
$49,122,000, of which
$515,000 for the Museum's equipment replacement
program, $1,900,000 for the museum's repair and
rehabilitation program and $1,264,000 for the
museum's exhibition design and production program shall remain available until
expended.</text>
</appropriations-small><appropriations-intermediate id="id2BD1E738B26443DAA25FC44B1B1B518A"><header>Presidio
trust</header>
</appropriations-intermediate><appropriations-small id="idF1B29D45106142AD9044BCD97B45754B"><header>Presidio trust fund</header><text display-inline="no-display-inline">For necessary expenses to carry out title I
of the Omnibus Parks and Public Lands Management Act of 1996,
$17,230,000 shall be available to the Presidio
Trust, to remain available until expended.</text>
</appropriations-small><appropriations-intermediate id="id1E176AAE9CCA48178A92EABCAC7B653F"><header>Dwight d. eisenhower memorial
commission</header>
</appropriations-intermediate><appropriations-small id="idEBEE3DAE478445B4B106DC40996ED586"><header>Salaries and expenses</header><text display-inline="no-display-inline">For necessary expenses, including the costs
of construction design, of the Dwight D. Eisenhower Memorial Commission,
$3,000,000, to remain available until
expended.</text>
</appropriations-small><appropriations-small id="idF9F7F4350F944F938B833EA8D9EAAABB"><header>Capital Construction</header><text display-inline="no-display-inline">For necessary expenses of the Dwight D.
Eisenhower Memorial Commission for design and construction of a memorial in
honor of Dwight D. Eisenhower, as authorized by Public Law 106–79,
$16,000,000, to remain available until
expended.</text>
</appropriations-small><enum>IV</enum>
<appropriations-major changed="added" id="id36E1D6DF604648AABE233D0DBFF62104" reported-display-style="italic"><header>General
provisions</header>
</appropriations-major><appropriations-small changed="added" id="idB2565B558DEC45BA8B7D979A90B2917F" reported-display-style="italic"><header>limitation on consulting
services</header>
</appropriations-small><appropriations-small changed="added" id="id17741045DE95422EB6E110FF1C18F3BD" reported-display-style="italic"><header>(including transfers of
funds)</header>
</appropriations-small><section changed="added" id="ID8FAA427A08374847951F2D888AB84FD3" reported-display-style="italic"><enum>401.</enum><text>The expenditure of any
appropriation under this Act for any consulting service through procurement
contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or under
existing Executive Order issued pursuant to existing law.</text>
<appropriations-small id="idD510408506F647C4BE63505FB743BA2A"><header>restriction on use of
funds</header>
</appropriations-small></section><section changed="added" id="IDC105E5108FAB4C899B9D7431896A62D1" reported-display-style="italic"><enum>402.</enum><text>No part of any
appropriation contained in this Act shall be available for any activity or the
publication or distribution of literature that in any way tends to promote
public support or opposition to any legislative proposal on which Congressional
action is not complete other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.</text>
<appropriations-small id="id47BFC7DF7F3B41408B585FE24B9998DD"><header>prohibition on use of funds for
personal services</header>
</appropriations-small></section><section changed="added" id="ID9552E4C381CF40E5BC224154EC33AB40" reported-display-style="italic"><enum>403.</enum><text>None of the funds
provided in this Act to any department or agency shall be obligated or expended
to provide a personal cook, chauffeur, or other personal servants to any
officer or employee of such department or agency except as otherwise provided
by law.</text>
<appropriations-small id="idAC00C0C330E14E7FBC970B65B9878832"><header>disclosure of administrative
expenses</header>
</appropriations-small></section><section changed="added" id="ID41DF21BE2D2F4BDA89F53F28548D5D71" reported-display-style="italic"><enum>404.</enum><text>Estimated overhead
charges, deductions, reserves or holdbacks from programs, projects, activities
and subactivities to support government-wide, departmental, agency or bureau
administrative functions or headquarters, regional or central operations shall
be presented in annual budget justifications and subject to approval by the
Committees on Appropriations. Changes to such estimates shall be presented to
the Committees on Appropriations for approval.</text>
<appropriations-small id="id774B9E87FD5949B6AA9F990F4FE28786"><header>giant
sequoia</header>
</appropriations-small></section><section changed="added" id="IDE37313D4706E47568EB3F065A01D4224" reported-display-style="italic"><enum>405.</enum><text>None of the funds in
this Act may be used to plan, prepare, or offer for sale timber from trees
classified as giant sequoia (Sequoiadendron giganteum) which are located on
National Forest System or Bureau of Land Management lands in a manner different
than such sales were conducted in fiscal year 2009.</text>
<appropriations-small id="id0CD6E3D28AC441BF85671F2385F04273"><header>mining
applications</header>
</appropriations-small></section><section changed="added" id="IDA80C97AAC3C54B58813186FE33CCA233" reported-display-style="italic"><enum>406.</enum><subsection commented="no" display-inline="yes-display-inline" id="ID0E0DBC8D15E445BF90EA39821AEC97E4"><enum>(a)</enum><text>None of the funds
appropriated or otherwise made available pursuant to this Act shall be
obligated or expended to accept or process applications for a patent for any
mining or mill site claim located under the general mining laws.</text>
</subsection><subsection changed="added" id="ID27BF3E2E33D34138BD63AB27E118D3DA" reported-display-style="italic"><enum>(b)</enum><header>Exceptions</header><text>The
provisions of subsection (a) shall not apply if the Secretary of the Interior
determines that, for the claim concerned: (1) a patent application was filed
with the Secretary on or before September 30, 1994; and (2) all requirements
established under sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29
and 30) for vein or lode claims and sections 2329, 2330, 2331, and 2333 of the
Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337
of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the case may
be, were fully complied with by the applicant by that date.</text>
</subsection><subsection changed="added" id="IDA4EB0A318F8A4BE6AF07360491A95F14" reported-display-style="italic"><enum>(c)</enum><header>Report</header><text>On
September 30, 2010, the Secretary of the Interior shall file with the House and
Senate Committees on Appropriations and the Committee on Natural Resources of
the House of Representatives and the Committee on Energy and Natural Resources
of the Senate a report on actions taken by the Department under the plan
submitted pursuant to section 314(c) of the Department of the Interior and
Related Agencies Appropriations Act, 1997 (Public Law 104–208).</text>
</subsection><subsection changed="added" id="ID56078DC81A7C49C98A2D8D7785C21AB2" reported-display-style="italic"><enum>(d)</enum><header>Mineral
examinations</header><text>In order to process patent applications in a timely
and responsible manner, upon the request of a patent applicant, the Secretary
of the Interior shall allow the applicant to fund a qualified third-party
contractor to be selected by the Bureau of Land Management to conduct a mineral
examination of the mining claims or mill sites contained in a patent
application as set forth in subsection (b). The Bureau of Land Management shall
have the sole responsibility to choose and pay the third-party contractor in
accordance with the standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.</text>
</subsection></section><appropriations-small changed="added" id="idAB06F4C0D10B4E819EAD9EBAE5612874" reported-display-style="italic"><header>contract support
costs</header>
</appropriations-small><section changed="added" id="ID9B6E60B34C704328B52F5FFC506C1009" reported-display-style="italic"><enum>407.</enum><text>Notwithstanding any
other provision of law, amounts appropriated to or otherwise designated in
committee reports for the Bureau of Indian Affairs and the Indian Health
Service by Public Laws 103–138, 103–332, 104–134, 104–208, 105–83, 105–277,
106–113, 106–291, 107–63, 108–7, 108–108, 108–447, 109–54, 109–289, division B
and Continuing Appropriations Resolution, 2007 (division B of Public Law
109–289, as amended by Public Laws 110–5 and 110–28), and Public Laws 110–92,
110–116, 110–137, 110–149, 110–161, 110–329, 111–6, and 111–8 for payments for
contract support costs associated with self-determination or self-governance
contracts, grants, compacts, or annual funding agreements with the Bureau of
Indian Affairs or the Indian Health Service as funded by such Acts, are the
total amounts available for fiscal years 1994 through 2009 for such purposes,
except that for the Bureau of Indian Affairs, tribes and tribal organizations
may use their tribal priority allocations for unmet contract support costs of
ongoing contracts, grants, self-governance compacts, or annual funding
agreements.</text>
<appropriations-small id="idD2AF1B260B7044D6B0B12A25C4A2B46E"><header>forest management
plans</header>
</appropriations-small></section><section changed="added" id="IDC95D96A0BD3449028C1D1E52C2D2B1B8" reported-display-style="italic"><enum>408.</enum><text>Prior to October 1,
2010, the Secretary of Agriculture shall not be considered to be in violation
of subparagraph 6(f)(5)(A) of the <act-name parsable-cite="FRRRP">Forest and
Rangeland Renewable Resources Planning Act of 1974</act-name> (16 U.S.C.
1604(f)(5)(A)) solely because more than 15 years have passed without revision
of the plan for a unit of the National Forest System. Nothing in this section
exempts the Secretary from any other requirement of the Forest and Rangeland
Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or any other law:
<italic>Provided,</italic> That if the Secretary is not acting expeditiously
and in good faith, within the funding available, to revise a plan for a unit of
the National Forest System, this section shall be void with respect to such
plan and a court of proper jurisdiction may order completion of the plan on an
accelerated basis.</text>
<appropriations-small id="id2CB492DD21DB4F6491AA8237AA520EEC"><header>prohibition within national
monuments</header>
</appropriations-small></section><section changed="added" id="ID45D22552AA25497981189C309ADBA021" reported-display-style="italic"><enum>409.</enum><text>No funds provided in
this Act may be expended to conduct preleasing, leasing and related activities
under either the <act-name parsable-cite="MLA">Mineral Leasing Act</act-name>
(30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands Act (43 U.S.C.
1331 et seq.) within the boundaries of a National Monument established pursuant
to the Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary existed on
January 20, 2001, except where such activities are allowed under the
Presidential proclamation establishing such monument.</text>
<appropriations-small id="idAA7936C9151148C7A24A1BC762836118"><header>international firefighter cooperative
agreements</header>
</appropriations-small></section><section changed="added" id="IDDA05859EE9424ACE9C13D9ABF7462368" reported-display-style="italic"><enum>410.</enum><text>In entering into
agreements with foreign countries pursuant to the Wildfire Suppression
Assistance Act (42 U.S.C. 1856m) the Secretary of Agriculture and the Secretary
of the Interior are authorized to enter into reciprocal agreements in which the
individuals furnished under said agreements to provide wildfire services are
considered, for purposes of tort liability, employees of the country receiving
said services when the individuals are engaged in fire suppression:
<italic>Provided,</italic> That the Secretary of Agriculture or the Secretary
of the Interior should not enter into any agreement under this provision unless
the foreign country (either directly or through its fire organization) agrees
to assume any and all liability for the acts or omissions of American
firefighters engaged in firefighting in a foreign country: <italic>Provided
further,</italic> That when an agreement is reached for furnishing fire
fighting services, the only remedies for acts or omissions committed while
fighting fires shall be those provided under the laws of the host country, and
those remedies shall be the exclusive remedies for any claim arising out of
fighting fires in a foreign country: <italic>Provided further,</italic> That
neither the sending country nor any legal organization associated with the
firefighter shall be subject to any legal action whatsoever pertaining to or
arising out of the firefighter's role in fire suppression.</text>
<appropriations-small id="idDD4B0F730996424297B4F49ECA3EEE85"><header>contracting
authorities</header>
</appropriations-small></section><section changed="added" id="ID34ABDE13EEA4467683F4507B66DD01A4" reported-display-style="italic"><enum>411.</enum><text>In awarding a Federal
contract with funds made available by this Act, notwithstanding Federal
Government procurement and contracting laws, the Secretary of Agriculture and
the Secretary of the Interior (the <quote>Secretaries</quote>) may, in
evaluating bids and proposals, give consideration to local contractors who are
from, and who provide employment and training for, dislocated and displaced
workers in an economically disadvantaged rural community, including those
historically timber-dependent areas that have been affected by reduced timber
harvesting on Federal lands and other forest-dependent rural communities
isolated from significant alternative employment opportunities:
<italic>Provided,</italic> That notwithstanding Federal Government procurement
and contracting laws the Secretaries may award contracts, grants or cooperative
agreements to local non-profit entities, Youth Conservation Corps or related
partnerships with State, local or non-profit youth groups, or small or
micro-business or disadvantaged business: <italic>Provided further,</italic>
That the contract, grant, or cooperative agreement is for forest hazardous
fuels reduction, watershed or water quality monitoring or restoration, wildlife
or fish population monitoring, or habitat restoration or management:
<italic>Provided further,</italic> That the terms <term>rural community</term>
and <term>economically disadvantaged</term> shall have the same meanings as in
section 2374 of Public Law 101–624: <italic>Provided further,</italic> That the
Secretaries shall develop guidance to implement this section: <italic>Provided
further,</italic> That nothing in this section shall be construed as relieving
the Secretaries of any duty under applicable procurement laws, except as
provided in this section.</text>
<appropriations-small id="id3DE5BF450DE44060A89A8F411ADE404D"><header>prohibition on use of
funds</header>
</appropriations-small></section><section changed="added" id="IDA0D0E4765C024BE49CE7B577BFB0A13A" reported-display-style="italic"><enum>412.</enum><text>None of the funds made
available by this or any other Act may be used in fiscal year 2010 for
competitive sourcing studies and any related activities involving Forest
Service personnel.</text>
<appropriations-small id="id47D8FA9D05D14631B00A69F9B376576D"><header>limitation on
takings</header>
</appropriations-small></section><section changed="added" id="IDF4346247FFA54EE5B3DDC429AD6C9C99" reported-display-style="italic"><enum>413.</enum><text>Unless otherwise
provided herein, no funds appropriated in this Act for the acquisition of lands
or interests in lands may be expended for the filing of declarations of taking
or complaints in condemnation without the approval of the House and Senate
Committees on Appropriations: <italic>Provided</italic>, That this provision
shall not apply to funds appropriated to implement the Everglades National Park
Protection and Expansion Act of 1989, or to funds appropriated for Federal
assistance to the State of Florida to acquire lands for Everglades restoration
purposes.</text>
<appropriations-small id="id368D36E136A54FDF8EB468999950650D"><header>hunters point environmental
cleanup</header>
</appropriations-small></section><section changed="added" id="ID2B1C8803CE11414FA1094ADD7660E59C" reported-display-style="italic"><enum>414.</enum><text>In addition to the
amounts otherwise provided to the Environmental Protection Agency in this Act,
$8,000,000, to remain available until expended,
is provided to EPA to be transferred to the Department of the Navy for clean-up
activities at the Treasure Island Naval Station—Hunters Point Annex.</text>
<appropriations-small id="id0E9216397E6542E88144C25CA126DDAA"><header>extension of grazing
permits</header>
</appropriations-small></section><section changed="added" commented="no" id="ID74F7DA2E5091450EB8E9C32A9D6EA133" reported-display-style="italic"><enum>415.</enum><text>Section 325 of Public
Law 108–108 is amended by striking <quote>fiscal years 2004–2008</quote> and
inserting <quote>fiscal year 2010.</quote></text>
<appropriations-small id="id4FF608E42A0548338538B0B44F16DA80"><header>alaska native health care
services</header>
</appropriations-small></section><section changed="added" id="idB229AED394BA4D41AE0DE4BDFA78B2C1" reported-display-style="italic"><enum>416.</enum><subsection commented="no" display-inline="yes-display-inline" id="id4F9D9DF5543340978B38707E92E75DD4"><enum>(a)</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law
and until October 1, 2011, the Indian Health Service may not disburse funds for
the provision of health care services pursuant to Public Law 93–638 (25 U.S.C.
450 et seq.) to any Alaska Native village or Alaska Native village corporation
that is located within the area served by an Alaska Native regional health
entity.</text>
</subsection><subsection changed="added" id="ID681859e57b1545f08e78f706fa9b8f7a" reported-display-style="italic"><enum>(b)</enum><text>Nothing in this section
shall be construed to prohibit the disbursal of funds to any Alaska Native
village or Alaska Native village corporation under any contract or compact
entered into prior to May 1, 2006, or to prohibit the renewal of any such
agreement.</text>
</subsection><subsection changed="added" id="ID41821a1668e442d5b4b38a0d95418de2" reported-display-style="italic"><enum>(c)</enum><text>For the purpose of this
section, Eastern Aleutian Tribes, Inc., the Council of Athabascan Tribal
Governments, and the Native Village of Eyak shall be treated as Alaska Native
regional health entities to which funds may be disbursed under this
section.</text>
</subsection></section><appropriations-small changed="added" id="id324BC1E3F3014234852B882CA335D490" reported-display-style="italic"><header>TIMBER SALE
REQUIREMENTS</header>
</appropriations-small><section changed="added" id="ID25062bf04e9f4bbeac1d68f67a99534a" reported-display-style="italic"><enum>417.</enum><text>No timber sale in Region
10 shall be advertised if the indicated rate is deficit when appraised using a
residual value approach that assigns domestic Alaska values for western red
cedar. Program accomplishments shall be based on volume sold. Should Region 10
sell, in the current fiscal year, the annual average portion of the decadal
allowable sale quantity called for in the current Tongass Land Management Plan
in sales which are not deficit when appraised using a residual value approach
that assigns domestic Alaska values for western red cedar, all of the western
red cedar timber from those sales which is surplus to the needs of domestic
processors in Alaska, shall be made available to domestic processors in the
contiguous 48 United States at prevailing domestic prices. Should Region 10
sell, in the current fiscal year, less than the annual average portion of the
decadal allowable sale quantity called for in the Tongass Land Management Plan
in sales which are not deficit when appraised using a residual value approach
that assigns domestic Alaska values for western red cedar, the volume of
western red cedar timber available to domestic processors at prevailing
domestic prices in the contiguous 48 United States shall be that volume: (1)
which is surplus to the needs of domestic processors in Alaska; and (2) is that
percent of the surplus western red cedar volume determined by calculating the
ratio of the total timber volume which has been sold on the Tongass to the
annual average portion of the decadal allowable sale quantity called for in the
current Tongass Land Management Plan. The percentage shall be calculated by
Region 10 on a rolling basis as each sale is sold (for purposes of this
amendment, a <quote>rolling basis</quote> shall mean that the determination of
how much western red cedar is eligible for sale to various markets shall be
made at the time each sale is awarded). Western red cedar shall be deemed
<quote>surplus to the needs of domestic processors in Alaska</quote> when the
timber sale holder has presented to the Forest Service documentation of the
inability to sell western red cedar logs from a given sale to domestic Alaska
processors at a price equal to or greater than the log selling value stated in
the contract. All additional western red cedar volume not sold to Alaska or
contiguous 48 United States domestic processors may be exported to foreign
markets at the election of the timber sale holder. All Alaska yellow cedar may
be sold at prevailing export prices at the election of the timber sale
holder.</text>
<appropriations-small id="id0AF01E2CF0724A9A93F54519133847A3"><header>Colorado Cooperative Conservation
Authority</header>
</appropriations-small></section><section changed="added" id="id79469389001B414AA63622373A239949" reported-display-style="italic"><enum>418.</enum><text display-inline="yes-display-inline">Section 331 of the Department of the
Interior and Related Agencies Appropriations Act, 2001, as amended, is amended
in subsection (e) by striking “September 30, 2009,” and inserting “September
30, 2014,”.</text>
<appropriations-small id="idA164F2D8E10F4BE7B62726700766249E"><header>National Council on the Arts
Membership</header>
</appropriations-small></section><section changed="added" id="id4038C3F5D05142959A629E030C49484E" reported-display-style="italic"><enum>419.</enum><text display-inline="yes-display-inline">Section 6 of the National Foundation on the
Arts and the Humanities Act of 1965 (Public Law 89–209, 20 U.S.C. 955), as
amended, is further amended as follows:</text>
<paragraph id="id359CEE2BB5534CF48CF1115614D189F9"><enum>(1)</enum><text display-inline="yes-display-inline">In the first sentence of subsection
(b)(1)(C), by striking “14” and inserting in lieu thereof “18”; and</text>
</paragraph><paragraph id="idC87BD9E6567F4657854902C8511EFAA4"><enum>(2)</enum><text display-inline="yes-display-inline">In the second sentence of subsection
(d)(1), by striking “Eight” and inserting in lieu thereof “Ten”.</text>
</paragraph></section><appropriations-small changed="added" committee-id="HAP00" id="idEFA364B33B064354AEC9B1D7A57132DA" reported-display-style="italic"><header>prohibition on use of
funds</header>
</appropriations-small><section changed="added" id="HFBDCA3929EB44AC7AB3F9073DEABF0C6" reported-display-style="italic"><enum>420.</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law,
none of the funds made available in this Act or any other Act may be used to
promulgate or implement any regulation requiring the issuance of permits under
title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for carbon dioxide,
nitrous oxide, water vapor, or methane emissions resulting from biological
processes associated with livestock production.</text>
<appropriations-small changed="added" committee-id="HAP00" id="id02DF4C64E7D84C7B84D7259C7383880B" reported-display-style="italic"><header>greenhouse gas reporting
restrictions</header>
</appropriations-small></section><section changed="added" id="H52533815194F4448B770CEBF04B05103" reported-display-style="italic"><enum>421.</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law,
none of the funds made available in this Act or any other Act may be used to
implement any rule that requires mandatory reporting of greenhouse gas
emissions from manure management systems emitting less than 25,000 tons of
carbon dioxide equivalent per year.</text>
<appropriations-small id="idDF11B115DC6043D390DEE2084E3F2751"><header>congressionally directed
spending</header>
</appropriations-small></section><section changed="added" commented="no" display-inline="no-display-inline" id="IDC5C651812298449AA089E2C0555ABB7B" reported-display-style="italic" section-type="subsequent-section"><enum>422.</enum><text>Within the amounts
appropriated in this Act, funding shall be allocated in the amounts specified
for those projects and purposes delineated in the table titled
<quote>Congressionally Directed Spending</quote> included in the committee
report accompanying this Act.</text>
<appropriations-small id="id1B3EFC74FE8A4B7F9A80B9CDBC131FFC"><text display-inline="no-display-inline">This
Act may be cited as the <quote><short-title>Department of
the Interior, Environment, and Related Agencies Appropriations Act,
2010</short-title></quote>.</text>
</appropriations-small></section>
July 6, 2009
Received; read twice and referred to the Committee on
Appropriations
July 7, 2009
Reported with an amendment