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, 2012, 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 the assessment of mineral potential of public
lands pursuant to Public Law 96–487 (16 U.S.C. 3150(a)), $918,227,000, to
remain available until expended; of which $3,000,000 shall be available in
fiscal year 2012 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, $32,500,000 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, $39,696,000 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 mining
claim maintenance fees and location fees that are hereby authorized for fiscal
year 2012 so as to result in a final appropriation estimated at not more than
$918,227,000, 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, $3,576,000, 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 Public Law 94–579(43
U.S.C. 1715, 1716, and 1748(d), respectively), including administrative
expenses and acquisition of lands or waters, or interests therein, $4,880,000,
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; $112,043,000, 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="HBB176432FD744E9EB444D9AFEDB87A4B"><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 (43 U.S.C. 1751), 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="H7FFEDDD7A98041DB920717E6FC189EFA"><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 subsection, 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="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 (43 U.S.C. 1737), 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">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, including with States.
Appropriations for the Bureau 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 Public Law 90–620 (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 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="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 the
performance of other authorized functions related to such resources,
$1,099,055,000, to remain available until September 30, 2013 except as
otherwise provided herein: <italic>Provided</italic>, That none of the funds
shall be used for implementing subsections (a), (b), (c), and (e) of section 4
of the Endangered Species Act, (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
such section): <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 of the Interior 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="H171619974773498EBD931E93C07D5264"><header>Construction</header><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 fish and wildlife
resources, and the acquisition of lands and interests therein, $11,804,000, 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 (16
U.S.C. 460l–4 et seq.), 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, $15,047,000, 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 $4,000,000
shall be for land conservation partnerships authorized by the Highlands
Conservation Act of 2004, including not to exceed $120,000 for administrative
expenses.</text>
</appropriations-small><appropriations-small id="id7CBF8965135B4F3A8AB6418FC68C6ECC"><header>Cooperative endangered species
conservation fund</header><text display-inline="no-display-inline">For expenses
necessary to carry out section 6 of the Endangered Species Act of 1973 (16
U.S.C. 1534 et seq.), $2,854,000, to remain available until expended, to be
derived from the Cooperative Endangered Species Conservation
Fund.</text>
</appropriations-small><appropriations-small id="HE7A62CFEA5484FD4980437A463738D2D"><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),
$13,980,000.</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 (16 U.S.C. 4401 et
seq.), $20,000,000, 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 (16 U.S.C. 4201 et
seq.), the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4261 et seq.),
the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the
Great Ape Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine
Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $7,875,000, 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 (16 U.S.C. 742a et seq.) and the Fish and
Wildlife Coordination Act (16 U.S.C. 661 et seq.), for the development and
implementation of programs for the benefit of wildlife and their habitat,
including species that are not hunted or fished, $22,000,000, to remain
available until expended: <italic>Provided</italic>, That of the amount
provided herein, $2,000,000 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 the Secretary shall,
after deducting $2,000,000 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 heading 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 heading for
any fiscal year or more than 5 percent of such amount: <italic>Provided
further</italic>, That the Federal share of grants shall not 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.</text>
</appropriations-small><appropriations-small id="HDFEBE097E1354B8BA50D7514B89A068D"><header>Administrative
provisions</header><text display-inline="no-display-inline">The United States
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="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 and for the general administration of the National Park Service,
$2,240,152,000, of which $9,832,000 for planning and interagency coordination
in support of Everglades restoration and $97,883,000 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,
2013.</text>
</appropriations-small><appropriations-small id="HD7A71632D93643299BD83F9356438AB4"><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, and
grant administration, not otherwise provided for,
$49,363,000.</text>
</appropriations-small><appropriations-small id="HD286215234A949799632D6016698561B"><header>Historic
preservation fund</header><text display-inline="no-display-inline">For expenses
necessary in carrying out the National Historic Preservation Act (16 U.S.C.
470), and the Omnibus Parks and Public Lands Management Act of 1996 (Public Law
104–333), $49,500,000, to be derived from the Historic Preservation Fund and to
remain available until September 30, 2013.</text>
</appropriations-small><appropriations-small id="H6D22BF92061340B79FE7795565F9C2AD"><header>Construction</header><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 (16 U.S.C. 410r-8), $152,121,000, to remain available until
expended.</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 2012 by 16 U.S.C. 460l–10a is hereby
rescinded.</text>
</appropriations-small><appropriations-small id="H7864CDE5705C496B9E2D6D78B0492CC6"><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, $18,294,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended, of which $2,794,000
is for the State assistance program and of which $2,000,000 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="H9C5AFCFD802D40A0AEA68844DD7E42EE"><header>Administrative
provisions</header>
</appropriations-small><appropriations-small id="H3228884982904F5580898378EE1BB15E"><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">National Park Service funds may be
transferred to the Federal Highway Administration (FHWA), Department of
Transportation, for purposes authorized under section 204 of title 23, United
States Code. 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 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;
$1,053,552,000, to remain available until September 30, 2013, of which
$65,561,000 shall be available only for cooperation with States or
municipalities for water resources investigations: <italic>Provided</italic>,
That none of the funds provided for the ecosystem 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
(USGS) 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 USGS
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 section 6302
of title 31, United States Code: <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="HFA345195713E4336A8EA0968D3AAB946"><header>Bureau of ocean energy
management, regulation and enforcement</header>
</appropriations-intermediate><appropriations-small id="HAD59B271DBB3434EAAB22655279A7812"><header>Ocean
energy management </header><text display-inline="no-display-inline">For
expenses necessary for minerals leasing and environmental studies and
regulation of industry operations, 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, $138,605,000, to remain available until September
30, 2013; and an amount not to exceed $160,163,000, 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 2012, 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 $160,163,000 in addition to receipts are not realized from the
sources of receipts stated above, the amount needed to reach $160,163,000 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 for fiscal year 2012 and each fiscal
year thereafter, the term <quote>qualified Outer Continental Shelf
revenues</quote>, as defined in section 102(9)(A) of the Gulf of Mexico Energy
Security Act of 2006 (title I of division C of Public Law 109–432; 43 U.S.C.
note), 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.</text><text display-inline="no-display-inline">For an additional
amount, $10,000,000, to remain available until expended:
<italic>Provided</italic>, That section 115 of the Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2010 (division A of
Public Law 111–88; 123 Stat. 2928) shall apply for fiscal year 2012, and in
such application <quote>2012</quote> shall be substituted for
<quote>2010</quote>: <italic>Provided further</italic>, That such amount shall
be derived from receipts resulting from such application: <italic>Provided
further</italic>, That to the extent that such amount is not received by the
United States as a result of such application, 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,
$14,923,000, which shall be derived from the Oil Spill Liability Trust Fund, to
remain available until expended.</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, Public Law 95–87, as amended, $123,050,000, to remain
available until September 30, 2013: <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: <italic>Provided further</italic>, That, in fiscal year 2012, up to
$40,000 collected by the Office of Surface Mining from permit fees pursuant to
section 507 of Public Law 95–87 (30 U.S.C. 1257) shall be credited to this
account as discretionary offsetting collections, to remain available until
expended: <italic>Provided further</italic>, That the sum herein appropriated
shall be reduced as collections are received during the fiscal year so as to
result in a final fiscal year 2012 appropriation estimated at not more than
$123,010,000: <italic>Provided further</italic>, That, in subsequent fiscal
years, all amounts collected by the Office of Surface Mining from permit fees
pursuant to section 507 of Public Law 95–87 (30 U.S.C. 1257) shall be credited
to this account as discretionary offsetting collections, to remain available
until expended.</text>
</appropriations-small><appropriations-small id="H7D91F629532A4A95A709E4C151DCC43F"><header>Abandoned
mine reclamation fund</header><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, $27,443,000, 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 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="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 and
Bureau of Indian education</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 (25 U.S.C. 13), the Indian
Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 450 et
seq.), as amended, the Education Amendments of 1978 (25 U.S.C. 2001–2019), and
the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.), as
amended, $2,333,690,000, to remain available until September 30, 2013, except
as otherwise provided herein; of which not to exceed $8,500 may be for official
reception and representation expenses; and of which not to exceed $74,911,000
shall be for welfare assistance payments, except 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 $228,000,000 shall be available for payments for contract support
costs associated with ongoing contracts, grants, compacts, or annual funding
agreements entered into with the Bureau of Indian Affairs prior to or during
fiscal year 2012, 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; and of which not to exceed
$584,369,000 for school operations costs of Bureau-funded schools and other
education programs shall become available on July 1, 2012, and shall remain
available until September 30, 2013; and of which not to exceed $48,049,000
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>, That notwithstanding any other provision of law,
including but not limited to the Indian Self-Determination Act of 1975, as
amended, and 25 U.S.C. 2008, not to exceed $46,373,000 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 2011 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, 2011, of Bureau-funded schools: <italic>Provided
further</italic>, That any forestry funds allocated to a tribe which remain
unobligated as of September 30, 2013, may be transferred during fiscal year
2014 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, 2014: <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 Public Law 87–483, $154,992,000, 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 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 part 12 of title 43, Code of
Federal Regulations as the regulatory requirements: <italic>Provided
further</italic>, That such grants shall not be subject to section 12.61 of
such title; 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 18
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,
and 111–11, and for implementation of other land and water rights settlements,
$32,855,000, 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, $8,114,000, of which not to exceed $964,000 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 $85,242,280.</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 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 Indian
Self-Determination Act 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, except that any school or school program that was closed and
removed from the Bureau school system between 1951 and 1972, and its respective
tribe’s relationship with the Federal Government was terminated, shall be
reinstated to the Bureau system and supported at a level based on its grade
structure and average student enrollment for the 2009–2010, 2010–2011 and
2011–2012 school years. 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 1141 of the Education Amendments of 1978 (25 U.S.C. 2021)), 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 school’s 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="H90B9194F7AAB491192B27109C734E9D0"><header>Departmental
offices</header>
</appropriations-intermediate><appropriations-intermediate id="H694E2C7816614D4B87B1AA9F353EAFE8"><header>Office of the
Secretary</header>
</appropriations-intermediate><appropriations-small id="HB1427B4EB78B402DB8E10FB0C96A9E54"><header>departmental
operations</header><text display-inline="no-display-inline">For necessary
expenses for management of the Department of the Interior, including the
collection and disbursement of royalties, fees, and other mineral revenue
proceeds, as authorized by law, $250,151,000 to remain available until
September 30, 2013; 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; and of which $12,112,000 for the Office of Valuation Services is to be
derived from the Land and Water Conservation Fund and shall remain available
until expended; and of which $36,000,000 shall remain available until expended
for the purpose of mineral revenue management activities:
<italic>Provided</italic>, That, for fiscal year 2012, 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: <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 Secretary 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, 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 2012 and deposit the amount
deducted to miscellaneous receipts of the
Treasury.</text>
</appropriations-small><appropriations-intermediate id="HDFBF6F96AC0343B794559F158FEB7326"><header>Insular
affairs</header>
</appropriations-intermediate><appropriations-small id="HE7540930174944FBA294CD0F027372A7"><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, $82,558,000, of which: (1) $73,296,000 shall remain
available until expended for territorial assistance, including general
technical assistance, 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) $9,262,000
shall be available until September 30, 2013 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).</text>
</appropriations-small><appropriations-small id="HB3114062A9234CDC90A533B8FBAA88D9"><header>Compact of
free association</header><text display-inline="no-display-inline">For grants
and necessary expenses, $3,307,000, to remain available until expended, as
provided for in sections 221(a)(2) 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.</text>
</appropriations-small><appropriations-intermediate id="HD100ACB9E15D4E1291C67AA2C5FBEA7C"><header>Administrative
provisions</header>
</appropriations-intermediate><appropriations-small id="HCA390F52873446FBB9A2BE0F64922109"><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 Public Law 108–188 and
Public Law 104–134, that are allocated for Guam, to the Secretary of
Agriculture for the subsidy cost of direct or guaranteed loans, plus not to
exceed three percent of the amount of the subsidy transferred for the cost of
loan administration, for the purposes authorized by the Rural Electrification
Act of 1936 and section 306(a)(1) of the Consolidated Farm and Rural
Development Act for construction and repair projects in Guam, and such funds
shall remain available until expended: <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,
$64,946,000.</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,
$48,493,000.</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, $152,319,000, to remain available
until expended, of which not to exceed $31,171,000, 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 2012, as authorized by the Indian
Self-Determination Act of 1975 (25 U.S.C. 450 et seq.), shall remain available
until expended by the contractor or grantee: <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, $574,072,000, 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 heading may be used to reimburse the United States Fish
and Wildlife Service and the National Marine Fisheries Service for the costs of
carrying out their responsibilities under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.) to consult and conference, as required by section 7 of
such Act, in connection with wildland fire management activities:
<italic>Provided further</italic>, That the Secretary of the Interior may use
wildland fire appropriations to enter into 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: <italic>Provided
further</italic>, That funds provided for wildfire suppression shall be
available for support of Federal emergency response actions: <italic>Provided
further</italic>, That funds appropriated under this heading shall be available
for assistance to or through the Department of State in connection with forest
and rangeland research, technical information, and assistance in foreign
countries, and, with the concurrence of the Secretary of State, shall be
available to support forestry, wildland fire management, 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:
<italic>Provided further,</italic> That, before obligating any of the funds
provided herein for wildland fire suppression, the Secretary of the Interior
shall obligate all unobligated balances previously made available under this
heading that, when appropriated, 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 and notify the Committees on
Appropriations of the House of Representatives and the Senate in writing of the
imminent need to begin obligating funds provided herein for wildland fire
suppression: <italic>Provided further</italic>, That the Secretary of the
Interior may transfer not more than $50,000,000 of the funds provided herein to
the Secretary of Agriculture if the Secretaries determine that the transfer
will enhance the efficiency or effectiveness of Federal wildland fire
suppression activities.</text>
</appropriations-small><appropriations-small id="H23AE3760EA46442BBE0B0522B79C923F"><header>Flame
wildfire suppression reserve fund</header>
</appropriations-small><appropriations-small id="H83716AE55FC546AC80F6FB996484A6AE"><header>(including
transfer of funds)</header><text display-inline="no-display-inline">For
necessary expenses for large fire suppression operations of the Department of
the Interior and as a reserve fund for suppression and Federal emergency
response activities, $92,000,000, to remain available until expended:
<italic>Provided</italic>, That such amounts are available only for transfer to
the <quote>Wildland Fire Management</quote> account and only following a
declaration by the Secretary that either (1) a wildland fire suppression event
meets certain previously-established risk-based written criteria for
significant complexity, severity, or threat posed by the fire or (2) funds in
the <quote>Wildland Fire Management</quote> account will be exhausted within 30
days.</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 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.), $10,149,000, to remain
available until expended.</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 (42 U.S.C. 9601 et seq.),
the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.),
the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and Public Law 101–337,
as amended (16 U.S.C. 19jj et seq.), $5,763,000, 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,
information technology improvements of general benefit to the Department, and
consolidation of facilities and operations throughout the Department,
$57,019,000, to remain available until expended: <italic>Provided</italic>,
That none of the funds appropriated in this Act or any other Act 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 Public Law 93–638:
<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 section 3306(a) of title 40, United
States Code) 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
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="H0A431B86BD064FE69BE5E4F02C7DD397"><header>General provisions, department
of the interior</header>
</appropriations-intermediate><appropriations-small id="H96F9F806C3004576A722837D28BD7D7B"><header>(including
transfers of funds)</header>
</appropriations-small><appropriations-small id="H7238C3014BBD4817931AF863CED9336D"><header>Emergency
transfer authority—intra-bureau</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>
<appropriations-small id="H313B39B28040443EA470C82309985369"><header>Emergency transfer
authority—department-wide</header>
</appropriations-small></section><section id="ID09833B0F5BC44017AF1E45F8A3A16FCF"><enum>102.</enum><text display-inline="yes-display-inline">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 or releases of hazardous substances into the environment;
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 417(b) of Public Law 106–224 (7 U.S.C.
7717(b)); 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>
and <quote>FLAME Wildfire Suppression 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>
<appropriations-small id="HC34D45D1394743FD9222F031563E3177"><header>Authorized use of
funds</header>
</appropriations-small></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 section 3109 of title 5, United States Code, 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="H7CEBC4E19E7C4A2DB035FBD9D0D710D2"><header>Authorized use of funds, Indian
Trust Management</header>
</appropriations-small></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>
<appropriations-small id="H5A3895A1E2754CB4B2241A7564C7019C"><header>Redistribution of funds, Bureau
of Indian Affairs</header>
</appropriations-small></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 tribe shall receive a reduction in
Tribal Priority Allocation funds of more than 10 percent in fiscal year 2012.
Under circumstances of dual enrollment, overlapping service areas or inaccurate
distribution methodologies, the 10 percent limitation does not apply.</text>
<appropriations-small id="HA1A82FBB4364447C8C717BB3420A79B1"><header>Twin cities research
center</header>
</appropriations-small></section><section id="IDDBC1874716464F5FA6F4395E90F18B59"><enum>106.</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law,
in conveying the Twin Cities Research Center under the authority provided by
Public Law 104–134, 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 section 701 of Public Law
100–696 (16 U.S.C. 460zz).</text>
<appropriations-small id="H5DC3E9E698CC410FB3AF965D52241607"><header>Payment of
fees</header>
</appropriations-small></section><section id="H6D480C2A91B842BEBE46DC04DA8460F8"><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="H1CD5E862EF5541169AFACD1B5D54FBF7"><header>Everglades Ecosystem
Restoration</header>
</appropriations-small></section><section id="H9AD1D9CEA5F54DEF97376656F9142625"><enum>108.</enum><text display-inline="yes-display-inline">This and any subsequent fiscal year, the
National Park Service is authorized to implement modifications to the Tamiami
Trail as described in, and in accordance with, the preferred alternative
identified in the final environmental impact statement noticed in the Federal
Register on December 14, 2010, (75 Fed. Reg. 77896), relating to restoration
efforts of the Everglades ecosystem.</text>
<appropriations-small id="H77FB6C080D01427E9AFE2FBA9156F447"><header>Ellis, governors, and liberty
islands</header>
</appropriations-small></section><section id="HF3FB04DFCAB2436389D660B845D98CB9"><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>
<appropriations-small id="HC966647A310D4F43A759DA19A10C903F"><header>Indian probate
judges</header>
</appropriations-small></section><section id="H7BEC8DF91D944098A165908CDB2BB57F"><enum>110.</enum><text>In fiscal year
2012 and each fiscal year thereafter, for the purpose of adjudicating Indian
probate cases in the Department of the Interior, the hearing requirements of
chapter 10 of title 25, United States Code, are deemed satisfied by a
proceeding conducted by an Indian probate judge, appointed by the Secretary
without regard to the provisions of title 5, United States Code, governing the
appointments in the competitive service, for such period of time as the
Secretary determines necessary: <italic>Provided</italic>, That the basic pay
of an Indian probate judge so appointed may be fixed by the Secretary without
regard to the provisions of chapter 51, and subchapter III of chapter 53 of
title 5, United States Code, governing the classification and pay of General
Schedule employees, except that no such Indian probate judge may be paid at a
level which exceeds the maximum rate payable for the highest grade of the
General Schedule, including locality pay.</text>
<appropriations-small id="H9B59E4B7AE5341EBAC9FFD4636751170"><header>Bureau of ocean energy
management, regulation and enforcement
reorganization</header>
</appropriations-small></section><section id="H3842983BDE8C47929F05D3AD78EE7C3D"><enum>111.</enum><text>The Secretary of
the Interior, in order to implement a reorganization of the Bureau of Ocean
Energy Management, Regulation and Enforcement, may establish accounts and
transfer funds among and between the offices and bureaus affected by the
reorganization only in conformance with the reprogramming guidelines described
in the report accompanying this Act.</text>
<appropriations-small id="HD9F808FBA4AB4E6BBAFDF63CEBF54A4A"><header>Authorized use of Indian
education funds</header>
</appropriations-small></section><section id="H567A425FA6784ED88E54BDFFD5E3631F"><enum>112.</enum><text>Beginning July 1,
2008, any funds (including investments and interest earned, except for
construction funds) held by a Public Law 100–297 grant or a Public Law 93–638
contract school shall, upon retrocession to or re-assumption by the Bureau of
Indian Education, remain available to the Bureau of Indian Education for a
period of 5 years from the date of retrocession or re-assumption for the
benefit of the programs approved for the school on October 1, 1995.</text>
<appropriations-small id="H46A24AEEFB3D4CDB98E02986DF25BD39"><header>Contracts and agreements for
wild horse and burro holding facilities</header>
</appropriations-small></section><section id="HC8D1E58524F24313AFBB58C77B8E1092"><enum>113.</enum><subsection commented="no" display-inline="yes-display-inline" id="HD63D07F5CCC149E6A88EF00E5A121D06"><enum>(a)</enum><text>Notwithstanding any
other provision of this Act, the Secretary of the Interior may enter into
multiyear cooperative agreements with nonprofit organizations and other
appropriate entities, and may enter into multiyear contracts in accordance with
the provisions of section 304B of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 254c) (except that the 5 year term restriction
in subsection (d) shall not apply), for the long-term care and maintenance of
excess wild free roaming horses and burros by such organizations or entities on
private land. Such cooperative agreements and contracts may not exceed 10
years, subject to renewal at the discretion of the Secretary.</text>
</subsection><subsection id="H7FBF352E8D8C4263AD72BE8656F087E2"><enum>(b)</enum><text>During fiscal year
2012 and subsequent fiscal years, in carrying out work involving cooperation
with any State or political subdivision thereof, the Bureau of Land Management
may record obligations against accounts receivable from any such
entities.</text>
</subsection></section><appropriations-small id="H74B1FBE6C6114D11AC7EBC9E4215E402"><header>Bureau of Indian education
operated schools</header>
</appropriations-small><section id="H3DB8B8121C3045D2856B8758317296A2"><enum>114.</enum><subsection commented="no" display-inline="yes-display-inline" id="H41B5FFCCCDDE470EAC67428D6C7D2FA4"><enum>(a)</enum><paragraph commented="no" display-inline="yes-display-inline" id="H14D90B223E2A43E1972E551E537AE874"><enum>(1)</enum><text display-inline="yes-display-inline">Nothwithstanding section 586(c) of title
40, United States Code, the head of a Bureau-operated school is authorized to
enter into agreements with public and private persons and entities that provide
for such persons and entities to rent or lease the land or facilities of the
school in exchange for a consideration (in the form of funds) that benefits the
school, as determined by the head of the school when such rent or lease does
not interfere with school operations.</text>
</paragraph><paragraph id="H01BAF409A6AE4B89BAF28ECF3DACA75A" indent="up1"><enum>(2)</enum><text display-inline="yes-display-inline">Funds received under paragraph (1) shall be
retained by the school and used for school purposes otherwise authorized by
law. Any funds received under paragraph (1) are hereby made available until
expended for such purposes, notwithstanding section 3302 of title 31, United
States Code.</text>
</paragraph><paragraph id="H0DD95901273048C5A07CD5E8630546FA" indent="up1"><enum>(3)</enum><text display-inline="yes-display-inline">Nothing in this section shall be construed
to allow for the diminishment of, or otherwise affect, the appropriation of
funds to the budget accounts for the operation and maintenance of
Bureau-operated schools. No funds shall be withheld from the distribution to
the budget of any Bureau-operated school due to the receipt by the school of a
benefit in accordance with this section.</text>
</paragraph></subsection><subsection id="H31338FC0BE0D4B6F923AFC2A3F6E03A2"><enum>(b)</enum><text display-inline="yes-display-inline">Notwithstanding any provision of title 5,
United States Code, or any regulation promulgated under such title, education
personnel who are under the direction and supervision of the Secretary of the
Interior may participate in a fundraising activity for the benefit of a
Bureau-operated school in an official capacity as part of their official
duties. When participating in such an official capacity, the employee may use
the employee’s official title, position, and authority. Nothing in this
subsection shall be construed to authorize participation in political activity
(as such term is used in section 7324 of title 5, United States Code) otherwise
prohibited by law.</text>
</subsection><subsection id="H7126C5324A1C4C8EB734D9FF3AEF9CEE"><enum>(c)</enum><text display-inline="yes-display-inline">The Secretary of the Interior shall
promulgate regulations to carry out this section not later than 12 months after
the date of the enactment of this Act. Such regulations shall include—</text>
<paragraph id="HB686576B34F344EDA9DBF761E43F643E" indent="up1"><enum>(1)</enum><text display-inline="yes-display-inline">provisions for the establishment and
administration of mechanisms for the acceptance of consideration for the use
and benefit of a school in accordance with this section (including, in
appropriate cases, the establishment and administration of trust funds);</text>
</paragraph><paragraph id="H8FBEAC441E91435CA2337AD6C9BD0167" indent="up1"><enum>(2)</enum><text display-inline="yes-display-inline">accountability standards to ensure ethical
conduct; and</text>
</paragraph><paragraph id="H4AC1492B2D644C77905E3939FC420599" indent="up1"><enum>(3)</enum><text display-inline="yes-display-inline">provisions for monitoring the amount and
terms of consideration received, the manner in which the consideration is used,
and any results achieved by such use.</text>
</paragraph></subsection><subsection id="HB1C6D7C2C3B64228A5F619CAC08214DD"><enum>(d)</enum><text display-inline="yes-display-inline">Provisions of this section shall apply to
fiscal year 2012 and subsequent fiscal years.</text>
</subsection></section><appropriations-small id="H303082B3EB1C4751B12B0DEBCA416EE7"><header>Mass Marking of
Salmonids</header>
</appropriations-small><section id="H1DD0A1C6B4AB4FD8A4CE2F0A2745A248"><enum>115.</enum><text display-inline="yes-display-inline">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>
<appropriations-small id="HB1C32EEBE6A941C794270F43880F1607"><header>Yukon-Charley National
Preserve</header>
</appropriations-small></section><section id="HAEBACB29453847D1A9C79C17CA840C72" section-type="subsequent-section"><enum>116.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used by the Secretary of the Interior to implement or enforce
regulations concerning boating and other activities on or relating to waters
located within Yukon-Charley National Preserve, including waters subject to the
jurisdiction of the United States, pursuant to section 3(h) of Public Law
91–383 (16 U.S.C. 1a–2(h)) or any other authority. This section does not affect
the authority of the Coast Guard to regulate the use of waters subject to the
jurisdiction of the United States within the Yukon-Charley National
Preserve.</text>
<appropriations-small id="HC5964C23DD724AB3A1731F906E05CD2A"><header>Direct Hire
Authority</header>
</appropriations-small></section><section id="HE4B593D52C9A46329506C8BD4C579EFB" section-type="subsequent-section"><enum>117.</enum><subsection commented="no" display-inline="yes-display-inline" id="H91E2207271DC4E14847B4B84A69C8780"><enum>(a)</enum><header>Direct hire
authority</header><text display-inline="yes-display-inline">During fiscal year
2012 and thereafter, the Secretary of the Interior may appoint, without regard
to the provisions of subchapter I of chapter 33 of title 5, United States Code,
other than sections 3303 and 3328 of such title, a qualified candidate
described in subsection (b) directly to a position with a land managing agency
of the Department of the Interior for which the candidate meets Office of
Personnel Management qualification standards.</text>
</subsection><subsection id="H347892E4B5B54DC99902E3615CA650A9"><enum>(b)</enum><header>Qualified
candidates described</header><text display-inline="yes-display-inline">Subsection (a) applies with respect to a
former resource assistant (as defined in section 203 of the Public Land Corps
Act (16 U.S.C. 1722)) who—</text>
<paragraph id="H0B480AC55E0643218931DD6F4B4B3C8A"><enum>(1)</enum><text>completed a
rigorous undergraduate or graduate summer internship with a land managing
agency, such as the National Park Service Business Plan Internship;</text>
</paragraph><paragraph id="H6A8AFFF9A7FC4655BDFA58AF5FA0C0C4"><enum>(2)</enum><text>successfully
fulfilled the requirements of the internship program; and</text>
</paragraph><paragraph id="H28D28C309AC7416F8B3F3370D646D653"><enum>(3)</enum><text display-inline="yes-display-inline">subsequently earned an undergraduate or
graduate degree from an accredited institution of higher education.</text>
</paragraph></subsection><subsection id="H04B76BFF88004B0883CDEDAF168081BF"><enum>(c)</enum><header>Duration</header><text display-inline="yes-display-inline">The direct hire authority under this
section may not be exercised with respect to a specific qualified candidate
after the end of the 2-year period beginning on the date on which the candidate
completed the undergraduate or graduate degree, as the case may be.</text>
</subsection></section><appropriations-small id="H1884750EB63D41D7920BCFD7C3223A94"><header>Review Process for Certain
Bureau of Land Management Actions</header>
</appropriations-small><section id="H8FBD9A767AD140C990DB63B9F82A4387" section-type="subsequent-section"><enum>118.</enum><subsection commented="no" display-inline="yes-display-inline" id="H67AA9F1FF0BC4DF9BCC92146CE080848"><enum>(a)</enum><header>Exhaustion of
Administrative Review Required</header><text display-inline="yes-display-inline">Hereafter, a person may bring a civil
action challenging a proposed action of the Bureau of Land Management
concerning grazing on public lands (as defined in section 103(e) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702(e))) or an amendment to
a land use plan proposed under section 202 of such Act (43 U.S.C. 1712) in a
Federal district court only if the person has challenged the action or
amendment at the agency level and exhausted the administrative hearings and
appeals procedures established by the Department of the Interior.</text>
</subsection><subsection id="HF557865F2B8844B9A98626CB6B3A10F8"><enum>(b)</enum><header>Issue
limitation</header><text display-inline="yes-display-inline">An issue may be
considered in the judicial review of an action or amendment referred to in
subsection (a) only if the issue was raised in the administrative review
process described in such subsection.</text>
</subsection><subsection id="H4EF7A6B084714A28A4BA1ECEDEAC75D5"><enum>(c)</enum><header>Exception</header><text display-inline="yes-display-inline">An exception to the requirement of
exhausting the administrative review process before seeking judicial review
shall be available if a Federal court finds that the agency failed or was
unable to make information timely available during the administrative review
process for issues of material fact. For the purposes of this subsection,
<quote>timely</quote> means within 120 calender days from the date that the
challenge to the agency action or amendment at issue is received for
administrative review.</text>
</subsection></section><appropriations-small id="H50556835222F4C1699CBA4003BA7E43F"><header>Gray
Wolves</header>
</appropriations-small><section id="H3DAD873DA8454CAAAA5934AC571D3D60"><enum>119.</enum><text display-inline="yes-display-inline">Hereafter, any final rule published by the
Department of the Interior that provides that the gray wolf (Canis lupus) in
the State of Wyoming or in any of the States within the range of the Western
Great Lakes Distinct Population Segment of the gray wolf (as defined in the
rule published on May 5, 2011 (76 Fed. Reg. 26086 et seq.)) is not an
endangered species or threatened species under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.), including any rule to remove such species in
such a State from the list of endangered species or threatened species
published under that Act, shall not be subject to judicial review if such State
has entered into an agreement with the Secretary of the Interior that
authorizes the State to manage gray wolves in that State.</text>
<appropriations-small id="H162C0C1E97B64D76821D887BD8F714E6"><header>trailing livestock over public
land</header>
</appropriations-small></section><section id="H84B87D48A77A47B991F854367F026314" section-type="subsequent-section"><enum>120.</enum><text display-inline="yes-display-inline">During fiscal years 2012 through 2014, the
trailing of livestock across public land (as defined by section 103 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)) and the
implementation of trailing practices by the Bureau of Land Management shall not
be subject to review under section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)).</text>
<appropriations-small id="H2362B74E9A0E44E89A038D85C7836AB3"><header> BOEMRE reporting
requirements</header>
</appropriations-small></section><section id="H93F57A68282548CA818A91AF415E687A"><enum>121.</enum><text display-inline="yes-display-inline">The Secretary of the Interior shall—</text>
<paragraph id="H4D2D656FB9EF43869C594DF67E2705F8"><enum>(1)</enum><text>log and track the
specific reasons for the Bureau of Ocean Energy Management, Regulation and
Enforcement returning to an applicant, without approval, any exploration plan,
development and production plan, development operations coordination document,
or application for permit to drill submitted with respect to any oil and gas
lease for the Outer Continental Shelf; and</text>
</paragraph><paragraph id="H5E30B20F44F84DE3BAF21505FE73141E"><enum>(2)</enum><text display-inline="yes-display-inline">provide quarterly reports to the Committee
on Appropriations and Committee on Natural Resources of the House of
Representatives and the Committee on Appropriations and Committee on Energy and
Natural Resources of the Senate that include—</text>
<subparagraph id="H56B4E42B90A14C03B4B991839B325E5F"><enum>(A)</enum><text>the date of
original submission of each document referred to in paragraph (1) received by
the Bureau in the period covered by a report;</text>
</subparagraph><subparagraph id="H0A8C96919F43449C9AD7EAFE3C5F518C"><enum>(B)</enum><text>for each such
document—</text>
<clause id="H6571B8117EF4428588DDA03867EE7762"><enum>(i)</enum><text>the
date the document was returned to the applicant;</text>
</clause><clause id="HD26927B84DB741178E29F4AF7E7BDF3C"><enum>(ii)</enum><text>the
date the document is treated by the Bureau as submitted; and</text>
</clause><clause id="H754CFB8CBC214958BC60ED2C2371D1F3"><enum>(iii)</enum><text>the date of
final agency action the document.</text>
</clause></subparagraph></paragraph></section><appropriations-small id="H05280F15796D4F3AA82224C3127B8A25"><header> Lease
authorization</header>
</appropriations-small><section id="HD8031CC0FA184AEDAF9FA1F053CEB049"><enum>122.</enum><subsection commented="no" display-inline="yes-display-inline" id="HA73D93AF3B434BA2AF1C850F8B379800"><enum>(a)</enum><header>In
general</header><text display-inline="yes-display-inline">The Secretary of the
Interior (referred to in this section as the <quote>Secretary</quote>) may
lease to the Savannah Bar Pilots Association, or a successor organization, no
more than 30,000 square feet of land and improvements within Fort Pulaski
National Monument (referred to in this section as the <quote>Monument</quote>)
at the location on Cockspur Island that has been used continuously by the
Savannah Bar Pilots Association since 1940.</text>
</subsection><subsection id="H14C05055166C49B19DEB1729C9BE1F26"><enum>(b)</enum><header>Rental fee and
proceeds</header>
<paragraph id="H7F1C2EA5DCD24670AFF9D0F1C41DA5E6"><enum>(1)</enum><header>Rental
fee</header><text display-inline="yes-display-inline">For the lease authorized
by this Act, the Secretary shall require a rental fee based on fair market
value adjusted, as the Secretary deems appropriate, for amounts to be expended
by the lessee for property preservation, maintenance, or repair and related
expenses.</text>
</paragraph><paragraph id="H53364F0EA6E64849A3D434969F611C90"><enum>(2)</enum><header>Proceeds</header><text>Disposition
of the proceeds from the rental fee required pursuant to paragraph (1) shall be
made in accordance with section 3(k)(5) of Public Law 91–383 (<external-xref legal-doc="usc" parsable-cite="usc/16/1a">16 U.S.C.
1a–2(k)(5)</external-xref>).</text>
</paragraph></subsection><subsection id="H4493BE17693A41239A2B6821688800A0"><enum>(c)</enum><header>Terms and
conditions</header><text>A lease entered into under this section—</text>
<paragraph id="HD21DA216E94E49F4BC766EDC00583B9F"><enum>(1)</enum><text>shall be for a
term of no more than 10 years and, at the Secretary’s discretion, for
successive terms of no more than 10 years at a time; and</text>
</paragraph><paragraph id="H19E94F500EA245D4BD7A7615BC6E02C3"><enum>(2)</enum><text>shall include any
terms and conditions the Secretary determines to be necessary to protect the
resources of the Monument and the public interest.</text>
</paragraph></subsection><subsection id="H28EEADA51C9B4BB2B23BA9321565EA3F"><enum>(d)</enum><header>Exemption from
applicable law</header><text>Except as provided in section 2(b)(2) of this Act,
the lease authorized by this Act shall not be subject to section 3(k) of Public
Law 91–383 (<external-xref legal-doc="usc" parsable-cite="usc/16/1a">16 U.S.C.
1a–2(k)</external-xref>) or section 321 of Act of June 30, 1932 (<external-xref legal-doc="usc" parsable-cite="usc/40/1302">40 U.S.C.
1302</external-xref>).</text>
</subsection></section><appropriations-small id="HC57BC536197445309914A83B51584746"><header> Self-Determination
Demonstration Project</header>
</appropriations-small><section id="H18AFF73375484C5991694EED3D1A94D7"><enum>123.</enum><text display-inline="yes-display-inline">The Director of the Bureau of Indian
Affairs shall reinstate the Demonstration Project that was in place from 2004
until 2008 for the Indian tribes within the California Tribal Trust Reform
Consortium, the Salt River Pima-Maricopa Indian Community, the Confederated
Salish and Kootenai Tribes of the Flathead Reservation, and the Chippewa Cree
Tribe of the Rocky Boys Reservation; shall thereby ensure that the
participating tribes shall be able to continue operations independent of the
Department of the Interior's trust reform and reorganization; and shall not
impose its trust management infrastructure upon or alter the existing trust
resource management systems of the above referenced tribes having a
self-governance compact and operating in accordance with the Tribal
Self-Governance Program set forth in title IV of Public Law 93–638 (25 U.S.C.
458aa–458hh): <italic>Provided</italic>, That the California Trust Reform
Consortium and any other participating Indian tribe agree to carry out their
responsibilities under the same written and implemented fiduciary standards as
those being carried by the Secretary of the Interior, including complying with
section 102 of Public Law 103–412 (25 U.S.C. 4011): <italic>Provided
further</italic>, That participating Indian tribes shall timely transfer funds
and supply sufficient data to enable the Secretary of the Interior to comply
with section 102 of Public Law 103–412 (25 U.S.C. 4011) for accounts that are
maintained by the Department of the Interior when funds are being collected by
the Indian tribes: <italic>Provided further</italic>, That such Indian tribes
demonstrate to the satisfaction of the Secretary of the Interior that they have
the capability to do so: <italic>Provided further</italic>, That the Secretary
of the Interior shall provide funds to the Indian tribes in an amount equal to
that required by section 403(g) of Public Law 93–638 (25 U.S.C. 458cc(g)(3)),
including funds specifically or functionally related to the provision of trust
services to the Indian tribes or their members.</text>
<appropriations-small id="H7A720AA7A3384FEB836A612B312D9005"><header> Wild lands funding
prohibition</header>
</appropriations-small></section><section id="HC11407E9D611410FB1CBE8C5253C6FF2"><enum>124.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act or any other Act may be used to implement, administer, or enforce
Secretarial Order No. 3310 issued by the Secretary of the Interior on December
22, 2010.</text>
</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, $754,611,000, to remain available until September 30,
2013.</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 $19,000 for official reception and representation expenses,
$2,498,433,000, to remain available until September 30, 2013:
<italic>Provided</italic>, That of the funds included under this heading, not
less than $346,280,000 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, $41,099,000, to remain available
until September 30, 2013.</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, $36,428,000,
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) (42 U.S.C. 9611) $1,224,295,000,
to remain available until expended, consisting of such sums as are available in
the Trust Fund on September 30, 2011, as authorized by section 517(a) of the
Superfund Amendments and Reauthorization Act of 1986 (SARA) and up to
$1,224,295,000 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, $9,955,000 shall be paid to the <quote>Office of Inspector
General</quote> appropriation to remain available until September 30, 2013, and
$23,016,000 shall be paid to the <quote>Science and Technology</quote>
appropriation to remain available until September 30,
2013.</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, $105,669,000, to remain available until expended, of which $78,051,000
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>
Inland Oil Spill Programs</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, $18,274,000, 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, $2,610,393,000, to
remain available until expended, of which $689,000,000 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 $829,000,000 shall be for making capitalization
grants for the Drinking Water State Revolving Funds under section 1452 of the
Safe Drinking Water Act, as amended; $60,000,000 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; $30,000,000 shall be for grants under title
VII, subtitle G of the Energy Policy Act of 2005; and $1,002,393,000 shall be
for grants, including associated program support costs, to States, federally
recognized tribes, interstate agencies, tribal consortia, and air pollution
control agencies for multi-media or single media pollution prevention, control
and abatement and related activities, including activities pursuant to the
provisions set forth under this heading in Public Law 104–134, and for making
grants under section 103 of the Clean Air Act for particulate matter monitoring
and data collection activities subject to terms and conditions specified by the
Administrator, of which $49,396,000 shall be for carrying out section 128 of
CERCLA, as amended, $9,980,000 shall be for Environmental Information Exchange
Network grants, including associated program support costs, $11,300,000 of the
funds available for grants under section 106 of the Act shall be for state
participation in national- and state-level statistical surveys of water
resources and enhancements to state monitoring programs 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, $1,550,000
shall be for grants to States under section 2007(f)(2) of the Solid Waste
Disposal Act, as amended: <italic>Provided</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 2012 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 2012, 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 2012, 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
2012, notwithstanding the amounts specified in section 205(c) of the Federal
Water Pollution Control Act, up to 1.5 percent of the aggregate funds
appropriated for the Clean Water State Revolving Fund program under the Act
less any sums reserved under section 518(c) of 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
2012, 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 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),
and shall be so used by the State only where such funds are provided as initial
financing for an eligible recipient or to buy, refinance, or restructure the
debt obligations of eligible recipients only where such debt was incurred on or
after the date of enactment of this 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: <italic>Provided further</italic>, That for fiscal year 2012
and hereafter, of the funds provided for the Clean Water Act and Safe Drinking
Water Act State Revolving Fund Tribal Set-Asides, the Administrator may
transfer funds between those accounts in the same manner as provided to States
under section 302(a) of Public Law 104–182, as amended by Public Law
109–54.</text>
</appropriations-intermediate><appropriations-intermediate id="HD40368670F2746F599A8DF66775A41AC"><header>Administrative provisions,
environmental protection agency</header>
</appropriations-intermediate><appropriations-small id="HF21CCD23CFCC4D1F94D0EDF7ED2B2E2B"><header>(including
transfer and recission of funds)</header><text display-inline="no-display-inline">For fiscal year 2012, 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 Federal Insecticide,
Fungicide, and Rodenticide Act, as amended by Public Law 110–94, the Pesticide
Registration Improvement Renewal Act.</text><text display-inline="no-display-inline">The Administrator is authorized to transfer
up to $250,000,000 of the funds appropriated for the Great Lakes Initiative
under the heading <quote>Environmental Programs and Management</quote> 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><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> and <quote>Hazardous Substance
Superfund</quote> accounts, $140,000,000 are permanently rescinded:
<italic>Provided</italic>, That no amounts may be rescinded 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">For fiscal year 2012 the requirements of
section 513 of the Federal Water Pollution Control Act (33 U.S.C. 1372) shall
apply to the construction of treatment works carried out in whole or in part
with assistance made available by a State water pollution control revolving
fund as authorized by title VI of that Act (33 U.S.C. 1381 et seq.), or with
assistance made available under section 205(m) of that Act (33 U.S.C. 1285(m)),
or both.</text><text display-inline="no-display-inline">For fiscal year 2012
the requirements of section 1450(e) of the Safe Drinking Water Act (42 U.S.C.
300j–9(e)) shall apply to any construction project carried out in whole or in
part with assistance made available by a drinking water treatment revolving
loan fund as authorized by section 1452 of that Act (42 U.S.C.
300j–12).</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="HE8C33A5DEED84D33A78DC90ADF457715"><header>Forest and
rangeland research</header><text display-inline="no-display-inline">For
necessary expenses of forest and rangeland research as authorized by law,
$277,282,000, to remain available until expended: <italic>Provided</italic>,
That of the funds provided, $66,805,000 is for the forest inventory and
analysis program: <italic>Provided further</italic>, That of the funds
provided, no less than $29,161,000 is for the forest products
laboratory.</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 as authorized, and conducting an international program as
authorized, $208,608,000, to remain available until expended, as authorized by
law; of which $3,000,000 is to be derived from the Land and Water Conservation
Fund and shall remain available until
expended.</text>
</appropriations-intermediate><appropriations-small id="H60706F710C6440A38705DA5C5803BB9E"><header>National
Forest System</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,
$1,546,463,000, to remain available until expended: <italic>Provided</italic>,
That of the funds provided, $336,722,000 shall be for forest products:
<italic>Provided further</italic>, That of the funds provided, $30,000,000
shall be deposited in the Collaborative Forest Landscape Restoration Fund for
ecological restoration treatments as authorized by 16 U.S.C. 7303(f):
<italic>Provided further</italic>, That of the funds provided, up to
$122,600,000 is for the Integrated Resource Restoration pilot program for
Region 1, Region 3 and Region 4.</text>
</appropriations-small><appropriations-small id="HBF3FE05D22554CACAE38CAF46345F56A"><header>Capital
improvement and maintenance</header>
</appropriations-small><appropriations-small id="HCD0E33E448AE494BB08D1412ED45C2B7"><header>(including
transfer of funds)</header><text display-inline="no-display-inline">For
necessary expenses of the Forest Service, not otherwise provided for,
$378,088,000, to remain available until expended, for construction, capital
improvement, maintenance and acquisition of buildings and other facilities and
infrastructure; and for construction, reconstruction, 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 $35,000,000 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 becoming available in fiscal year 2012 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: <italic>Provided
further</italic>, That of the funds provided for decommissioning of roads, up
to $9,000,000 may be transferred to the <quote>National Forest System</quote>
to support the Integrated Resource Restoration pilot program.</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,
$12,500,000, 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, $955,000, 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 (16 U.S.C. 484a), to remain available until
expended.</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 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="H1297F7032BE3489A958D18B055A3917D"><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), $45,000, to remain available until expended, to be derived from the
fund established pursuant to the above Act.</text>
</appropriations-small><appropriations-small id="HA5F0A4210B6F4F8A935505BF1F9C144A"><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),
$2,000,000, 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, $1,805,099,000, 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 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 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 $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 $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 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:
<italic>Provided further,</italic> That, before obligating any of the funds
provided herein for wildland fire suppression, the Secretary of Agriculture
shall obligate all unobligated balances previously made available under this
heading that, when appropriated, 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: <italic>Provided
further</italic>, That the Secretary of Agriculture may transfer not more than
$50,000,000 of the funds provided herein to the Secretary of the Interior if
the Secretaries determine that the transfer will enhance the efficiency or
effectiveness of Federal wildland fire suppression activities: <italic>Provided
further</italic>, That of the funds for hazardous fuels reduction, up to
$27,100,000 may be transferred to the <quote>National Forest System</quote> to
support the Integrated Resource Restoration pilot program.</text>
</appropriations-small><appropriations-intermediate id="H8BEF30848E3542708B2D426166C85169"><header>Flame wildfire suppression
reserve fund</header>
</appropriations-intermediate><appropriations-small id="HF90D02B9CF814ED2982DA97558191C8F"><header>(including
transfers of funds)</header><text display-inline="no-display-inline">For
necessary expenses for large fire suppression operations of the Department of
Agriculture and as a reserve fund for suppression and Federal emergency
response activities, $290,418,000, to remain available until expended:
<italic>Provided</italic>, That such amounts are available only for transfer to
the <quote>Wildland Fire Management</quote> account and only following a
declaration by the Secretary that either (1) a wildland fire suppression event
meets certain previously-established risk-based written criteria for
significant complexity, severity, or threat posed by the fire or (2) funds in
the <quote>Wildland Fire Management</quote> account will be exhausted within 30
days.</text>
</appropriations-small><appropriations-small id="H4D16D1DBF1FC45B3851F74D28CE6EFDE"><header>Administrative provisions,
forest service</header>
</appropriations-small><appropriations-small id="H2B3CA6E0921E4C8A98FA72AF48818060"><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) 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) 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 forest firefighting, emergency rehabilitation of burned-over or damaged
lands or waters under its jurisdiction, and fire preparedness due to severe
burning conditions upon the Secretary's notification of the House and Senate
Committees on Appropriations that all fire suppression funds appropriated under
the headings <quote>Wildland Fire Management</quote> and <quote>FLAME Wildfire
Suppression Reserve Fund</quote> will be 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, private
organizations, and international organizations.</text><text display-inline="no-display-inline">Of the funds available to the Forest Service
up to $5,000,000 shall be available for priority projects within the scope of
the approved budget, which shall be carried out by the Youth Conservation Corps
and shall be carried out under the authority of the Public Lands Corps Act of
1993, Public Law 103–82, as amended by 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
$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 of the Federal funds made available to the
Foundation, no more than $300,000 shall be available for administrative
expenses: <italic>Provided</italic><italic>further</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 Public Law
98–244, $3,000,000 of the funds available to the Forest Service may 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">Of the
funds available to the Forest Service, an amount 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 Department of Agriculture should clearly display the sums
previously transferred and the requested funding transfers.</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 the joint explanatory statement of the managers
accompanying this Act.</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, $4,034,322,000 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 Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 450), shall be deemed to be
obligated at the time of the grant or contract award and thereafter shall
remain available to the tribe or tribal organization without fiscal year
limitation: <italic>Provided further</italic>, That $836,685,000 for contract
medical care, including $51,500,000 for the Indian Catastrophic Health
Emergency Fund, shall remain available until expended: <italic>Provided
further</italic>, That of the funds provided, up to $36,000,000 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 the amounts collected by the Federal Government as
authorized by sections 104 and 108 of the Indian Health Care Improvement Act
(25 U.S.C. 1613a and 1616a) during the preceding fiscal year for breach of
contracts shall be deposited to the Fund authorized by section 108A of the Act
(25 U.S.C. 1616a–1) and shall remain available until expended and,
notwithstanding section 108A(c) of the Act (25 U.S.C. 1616a–1(c)), funds shall
be available to make new awards under the loan repayment and scholarship
programs under sections 104 and 108 of the Act (25 U.S.C. 1613a and 1616a):
<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 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 Indian Health Care
Improvement Act shall remain available until expended for the purpose of
achieving compliance with the applicable conditions and requirements of titles
XVIII and XIX of the Social Security Act, except for those related to the
planning, design, or construction of new facilities: <italic>Provided
further</italic>, That funding contained herein for scholarship programs under
the Indian Health Care Improvement Act (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 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 $573,761,000 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 2012, of which not to exceed $10,000,000 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="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 (42 U.S.C. 2004a), the Indian
Self-Determination Act, and the Indian Health Care Improvement Act, and for
expenses necessary to carry out such Acts and titles II and III of the Public
Health Service Act with respect to environmental health and facilities support
activities of the Indian Health Service, $427,259,000, to remain available
until expended: <italic>Provided</italic>, That no less than $20,000,000 in
available, unobligated prior-year funds shall be used in addition to amounts
provided by this Act: <italic>Provided further</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="H519AACF205D2496F90E1A075D8D12347"><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 Indian Health Care Improvement Act,
non-Indian patients may be extended health care at all tribally administered or
Indian Health Service facilities, subject to charges, and the proceeds along
with funds recovered under the Federal Medical Care Recovery Act (42 U.S.C.
2651–2653) shall be credited to the account of the facility providing the
service and shall be available without fiscal year limitation. Notwithstanding
any other law or regulation, funds transferred from the Department of Housing
and Urban Development to the Indian Health Service shall be administered under
Public Law 86–121, the Indian Sanitation Facilities Act and Public Law 93–638,
as amended.</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
Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 450),
may be deobligated and reobligated to a self-determination contract under title
I, or a self-governance agreement under title V of such Act and thereafter
shall remain available to the tribe or tribal organization without fiscal year
limitation.</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 Indian Self-Determination Act, may be credited to the
same or subsequent appropriation account from which the funds were originally
derived, with such amounts to remain available until expended.</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,
$79,054,000.</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,
$74,039,000, 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 2012, 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, $2,661,000: <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><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 5 U.S.C. 5901–5902, and for services
authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed the per
diem equivalent to the maximum rate payable for senior level positions under 5
U.S.C. 5376, $10,000,000: <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.</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
Public Law 93–531, $7,530,000, 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 made available by 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 shall 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 Public Law 99–498, as amended (20
U.S.C. 56 part A), $7,900,000.</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 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, $626,971,000,
to remain available until September 30, 2013, except as otherwise provided
herein; of which not to exceed $20,137,000 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 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, $124,750,000, to remain available until expended, of which
not to exceed $10,000 is for services as authorized by 5 U.S.C. 3109:
<italic>Provided</italic>, That beginning in fiscal year 2012 and thereafter,
any procurement for the construction of the National Museum of African American
History and Culture, as authorized under section 8 of the National Museum of
African American History and Culture Act (20 U.S.C. 80r-6), may be issued which
includes the full scope of the project: <italic>Provided further</italic>, That
the solicitation and contract with respect to the procurement shall contain the
<quote>availability of funds</quote> clause described in section 52.232.18 of
title 48, Code of Federal Regulations.</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 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,
$112,185,000, of which not to exceed $3,481,000 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, for lease
agreements of no more than 10 years that address space needs created by the
ongoing renovations in the Master Facilities Plan, as authorized, $13,938,000,
to remain available until expended: <italic>Provided</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, $22,455,000.</text>
</appropriations-small><appropriations-intermediate 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,
$13,650,000, to remain available until
expended.</text>
</appropriations-intermediate><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 5 U.S.C. 3109, $10,000,000, to remain available until September
30, 2013.</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="HD3DE93E9073646FFA2E4FD9ED985B9DF"><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, $135,000,000 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.</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, $135,000,000, to remain available until expended, of which
$125,000,000 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 $10,000,000 shall be available to carry out the matching grants
program pursuant to section 10(a)(2) of the Act, including $8,000,000 for the
purposes of section 7(h): <italic>Provided</italic>, That appropriations for
carrying out section 10(a)(2) of such Act 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) of such Act 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
provisions</header><text display-inline="no-display-inline">None of the funds
appropriated to the National Endowment for the Arts or to the National
Endowment for 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 either
Endowment 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 of
the Commission of Fine Arts under Chapter 91 of title 40, United States Code,
$2,234,000: <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
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-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 (Public Law 89–665,
as amended), $5,498,000.</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 of the National Capital Planning Commission under Chapter 87 of title
40, United States Code, including services as authorized by 5 U.S.C. 3109,
$8,133,000.</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 Public Law 106–292 (36
U.S.C. 2301–2310), $50,524,000, of which $515,000 shall remain available until
September 30, 2014, for the Museum's equipment replacement program; and of
which $1,900,000 for the Museum's repair and rehabilitation program and
$1,264,000 for the Museum's outreach initiatives 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, $12,000,000 shall be available to the Presidio Trust, to remain
available until expended.</text>
</appropriations-small><appropriations-intermediate id="H72D71F4365314EFBBA9EDB2540E3A91A"><header>Dwight D. Eisenhower Memorial
Commission 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-intermediate><appropriations-small id="H775349D934C743568731323A363F1482"><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, $28,000,000, to remain available until expended:
<italic>Provided</italic>, That beginning in fiscal year 2012 and thereafter,
any procurement for the construction of the permanent memorial to Dwight D.
Eisenhower, as authorized by section 8162 of the Department of Defense
Appropriations Act, 2000 (16 U.S.C. 431 note; Public Law 106–79), as amended by
section 8120 of the Department of Defense Appropriations Act, 2002 (Public Law
107–117), may be issued which includes the full scope of the project:
<italic>Provided further</italic>, That the solicitation and contract with
respect to the procurement shall contain the “availability of funds” clause
described in section 52.232.18 of title 48, Code of Federal
Regulations.</text>
</appropriations-small><enum>IV</enum><header>General
provisions</header>
<appropriations-small id="HCE1B3F3A181A48529A380A43BABE5868"><header>Limitation on consulting
services</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 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="H11C34301A94F4EDBA3693F284BD1C2D6"><header>Restriction on use of
funds</header>
</appropriations-small></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>
<appropriations-small id="HF8BE2CB6CFC347F391702176E6033753"><header>Obligation of
appropriations</header>
</appropriations-small></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>
<appropriations-small id="HB83E867E195C4E11919966B1AA86582F"><header>Prohibition on use of funds for
personal services</header>
</appropriations-small></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>
<appropriations-small id="HEA7E1D7A00324E73B7F7B01BA32C96CE"><header>Disclosure of administrative
expenses</header>
</appropriations-small></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 of the House of Representatives
and the Senate. Changes to such estimates shall be presented to the Committees
on Appropriations for approval.</text>
<appropriations-small id="H398E3D64D3CC44D38AE0E459C704B89E"><header>Giant
sequoia</header>
</appropriations-small></section><section id="H3CDA7BE947ED43F8B34CE12C9C780E99"><enum>406.</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 2011.</text>
<appropriations-small id="HB6D3D0911C234B3989EED579D07128BB"><header>Mining
applications</header>
</appropriations-small></section><section id="HBBF171F0B81C437982455EEB058A821A"><enum>407.</enum><subsection commented="no" display-inline="yes-display-inline" id="HC54400CA65F947E9BF64CDDC1606902C"><enum>(a)</enum><header>Limitation of
Funds</header><text>None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim located under the
general mining laws.</text>
</subsection><subsection id="H8E537A26E7A0446280B6CDEC620C6178"><enum>(b)</enum><header>Exceptions</header><text>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, 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 id="HC3841C8A718B44869A4135B23324DD50"><enum>(c)</enum><header>Report</header><text>On
September 30, 2013, the Secretary of the Interior shall file with the House and
Senate Committees on Appropriations and the Committee on Natural Resources of
the House 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 id="H9B9E9CE639F944E5BDAE6D24FE3E2987"><enum>(d)</enum><header>Mineral
Examinations</header><text>In order to process patent applications in a timely
and responsible manner, upon the request of a patent applicant, the Secretary
of the Interior shall allow the applicant to fund a qualified third-party
contractor to be selected by the Director of 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 id="HAE86B8BB28264B0799067749876627F9"><header>Contract support
costs</header>
</appropriations-small><section id="ID7023747F89CC453E8C26E0BE5B61D684"><enum>408.</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law,
amounts appropriated to or otherwise designated in committee reports for the
Bureau of Indian Affairs and the Indian Health Service by Public Laws 103–138,
103–332, 104–134, 104–208, 105–83, 105–277, 106–113, 106–291, 107–63, 108–7,
108–108, 108–447, 109–54, 109–289, division B and Continuing Appropriations
Resolution, 2007 (division B of Public Law 109–289, as amended by Public Laws
110–5 and 110–28), Public Laws 110–92, 110–116, 110–137, 110–149, 110–161,
110–329, 111–6, 111–8, 111–88 and 112–10 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 2011 for such purposes, except that 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="H4D8A46EEC0114BA9A68824DFE89B8271"><header>Forest management
plans</header>
</appropriations-small></section><section id="ID2BC26C48F33148EDB0ABC7B57AC5781E"><enum>409.</enum><text display-inline="yes-display-inline">The Secretary of Agriculture shall not be
considered to be in violation of section 6(f)(5)(A) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely
because more than 15 years have passed without revision of the plan for a unit
of the National Forest System. Nothing in this section exempts the Secretary
from any other requirement of the Forest and Rangeland Renewable Resources
Planning Act (16 U.S.C. 1600 et seq.) or any other law:
<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: <italic>Provided further</italic>, That, notwithstanding the
issuance of a new final planning rule prescribing the procedures to be used to
develop, amend, or revise land and resource management plans for units of the
National Forest System, the existing 1982 planning rule procedures and the 2000
planning rule procedures, including its transition provisions allowing the
Forest Service to continue to use the 1982 planning rule procedures, shall
remain in effect as alternative procedures for the development, amendment, and
revision of land and resource management plans.</text>
<appropriations-small id="H240E697BCA774685B17D75FB4E034606"><header>Prohibition within national
monuments</header>
</appropriations-small></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 (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="H94DCBA890821475CAFC7FC1EA2843180"><header>International Firefighter
Cooperative Agreements</header>
</appropriations-small></section><section id="HF2DC80A5AB484A9DB7CF1E59F2EA46D7"><enum>411.</enum><text display-inline="yes-display-inline">In entering into agreements with foreign
fire organizations pursuant to the Temporary Emergency Wildfire Suppression Act
(42 U.S.C. 1856m-1856o), the Secretary of Agriculture and the Secretary of the
Interior are authorized through fiscal year 2013 to enter into reciprocal
agreements in which the individuals furnished under such agreements to provide
wildfire services are considered, for purposes of tort liability, employees of
the fire organization receiving such 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 section 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 immunity
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>
<appropriations-small id="H56FB9B4395C1463B9FC2823EE350EFD8"><header>Contracting
authorities</header>
</appropriations-small></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, through fiscal year 2013, 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, road
decommissioning, trail maintenance or improvement, 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 Public Law 101–624 (16 U.S.C. 6612):
<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="HE8D7935B6E234ED9B057440F1D830AE5"><header>Limitation on
takings</header>
</appropriations-small></section><section id="H04058889FB244C9CBAE6AB5903759D6D"><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.</text>
<appropriations-small id="H989337FA2F1640A6A79B00FCDA452BF2"><header>Timber Sale
Requirements</header>
</appropriations-small></section><section id="H25FA9B8E70D847B686D01732A234504D"><enum>414.</enum><text display-inline="yes-display-inline">No timber sale in Alaska’s Region 10 shall
be advertised if the indicated rate is deficit (defined as the value of the
timber is not sufficient to cover all logging and stumpage costs and provide a
normal profit and risk allowance under the Forest Service’s appraisal process)
when appraised using a residual value appraisal. The western red cedar timber
from those sales which is surplus to the needs of the domestic processors in
Alaska, shall be made available to domestic processors in the contiguous 48
United States at prevailing domestic prices. 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="HB132E78B63B94E5B940177934FA51B28"><header>Extension of grazing
permits</header>
</appropriations-small></section><section id="H299DB334BB024C3BA4A35296FB27659B"><enum>415.</enum><text display-inline="yes-display-inline">The terms and conditions of section 325 of
Public Law 108–108 (117 Stat. 1307), regarding grazing permits at the
Department of the Interior and the Forest Service, shall remain in effect for
fiscal years 2012 through 2016. A grazing permit or lease issued by the
Secretary of the Interior for lands administered by the Bureau of Land
Management that is the subject of a request for a grazing preference transfer
shall be issued, without further processing, for the remaining time period in
the existing permit or lease using the same mandatory terms and conditions. If
the authorized officer determines a change in the mandatory terms and
conditions is required, the new permit must be processed as directed in section
325 of Public Law 108–108.</text>
<appropriations-small id="H191F905D97AB448A8FF104C9BC0C0D0B"><header>Prohibition on use of
funds</header>
</appropriations-small></section><section id="H566019D58B644F4DB9D5405AAA72898F"><enum>416.</enum><text>None of the funds
made available by this Act may be distributed to the Association of Community
Organizations for Reform Now (ACORN) or its subsidiaries.</text>
<appropriations-small id="H983545F0BA644E63B2C4E2EE7D19B05B"><header>Prohibition on no-bid
contracts</header>
</appropriations-small></section><section id="H906EAB0F3C2A42E2A7B72CC469BA56B4"><enum>417.</enum><text>None of the funds
appropriated or otherwise made available by this Act to executive branch
agencies may be used to enter into any Federal contract unless such contract is
entered into in accordance with the requirements of Chapter 33 of title 41,
United States Code, or Chapter 137 of title 10, United States Code, and the
Federal Acquisition Regulation, unless—</text>
<paragraph id="H905DA9555BEB4B9C86D2838D72698922"><enum>(1)</enum><text>Federal law
specifically authorizes a contract to be entered into without regard for these
requirements, including formula grants for States, or federally recognized
Indian tribes; or</text>
</paragraph><paragraph id="H4328788E85D54B2DBBBB4BA808A7D756"><enum>(2)</enum><text>such contract is
authorized by the Indian Self-Determination and Education and Assistance Act
(Public Law 93–638, 25 U.S.C. 450 et seq., as amended) or by any other Federal
laws that specifically authorize a contract within an Indian tribe as defined
in section 4(e) of that Act (25 U.S.C. 450b(e)); or</text>
</paragraph><paragraph id="H8AD8E0B4139B471EB569BC1065D8C12E"><enum>(3)</enum><text>such contract was
awarded prior to the date of enactment of this Act.</text>
</paragraph></section><appropriations-small id="H262B1FD4A1CC4CB98393AEDB64F23258"><header>Posting of
reports</header>
</appropriations-small><section id="H66DD3E4D82A942DE9A641FD8006EB136"><enum>418.</enum><subsection commented="no" display-inline="yes-display-inline" id="HD5FDF2DB95C2406FB876C489A0CF87FF"><enum>(a)</enum><text>Any agency receiving
funds made available in this Act, shall, subject to subsections (b) and (c),
post on the public website of that agency any report required to be submitted
by the Congress in this or any other Act, upon the determination by the head of
the agency that it shall serve the national interest.</text>
</subsection><subsection id="H5D5A2647C052487DB5959718C7B6F0C4"><enum>(b)</enum><text>Subsection (a)
shall not apply to a report if—</text>
<paragraph id="H829D1EDF829A4E40B3E9A24F28284DF7"><enum>(1)</enum><text>the public posting
of the report compromises national security; or</text>
</paragraph><paragraph id="H1BC9F965B8134867AB2B4587BD1E1C1E"><enum>(2)</enum><text>the report
contains proprietary information.</text>
</paragraph></subsection><subsection id="H3918201324CE4BF9AD001E7B0F8C9609"><enum>(c)</enum><text>The head of the
agency posting such report shall do so only after such report has been made
available to the requesting Committee or Committees of Congress for no less
than 45 days.</text>
</subsection></section><appropriations-small id="H27D4D3E7F42F452CA4A92A96B4C0AA02"><header>National endowment for the arts
grant guidelines</header>
</appropriations-small><section id="H7E2A7295E9AB487F9A0B1BEB23C66759"><enum>419.</enum><text>Of
the funds provided to the National Endowment for the Arts—</text>
<paragraph id="HABF8BE6AE0924629A6493C8360A22FD1"><enum>(1)</enum><text>The Chairperson
shall only award a grant to an individual if such grant is awarded to such
individual for a literature fellowship, National Heritage Fellowship, or
American Jazz Masters Fellowship.</text>
</paragraph><paragraph id="H3A579D94F4314E4CADA86D590ABD6E88"><enum>(2)</enum><text>The Chairperson
shall establish procedures to ensure that no funding provided through a grant,
except a grant made to a State or local arts agency, or regional group, may be
used to make a grant to any other organization or individual to conduct
activity independent of the direct grant recipient. Nothing in this subsection
shall prohibit payments made in exchange for goods and services.</text>
</paragraph><paragraph id="H67CA5AB2A5474FE7A6B808BF64E4C5CB"><enum>(3)</enum><text>No grant shall be
used for seasonal support to a group, unless the application is specific to the
contents of the season, including identified programs and/or projects.</text>
</paragraph></section><appropriations-small id="H544BB2B88F1B4EF4A549D1A693987676"><header>National endowment for the arts
program priorities</header>
</appropriations-small><section id="H74CF211A508D42B9A10A9782DEA92777"><enum>420.</enum><subsection commented="no" display-inline="yes-display-inline" id="H628966A07B5A4234A5AD15A3C0A68C5B"><enum>(a)</enum><text>In providing services or
awarding financial assistance under the National Foundation on the Arts and the
Humanities Act of 1965 from funds appropriated under this Act, the Chairperson
of the National Endowment for the Arts shall ensure that priority is given to
providing services or awarding financial assistance for projects, productions,
workshops, or programs that serve underserved populations.</text>
</subsection><subsection id="HEECC43F1C3FC427A9D7DC30B5B24B1F4"><enum>(b)</enum><text>In this
section:</text>
<paragraph id="HB7422621A89C4AE78F299D6DF12E44D9"><enum>(1)</enum><text>The term
<quote>underserved population</quote> means a population of individuals,
including urban minorities, who have historically been outside the purview of
arts and humanities programs due to factors such as a high incidence of income
below the poverty line or to geographic isolation.</text>
</paragraph><paragraph id="H38DF18E1A6E540428AF0B18145130FA4"><enum>(2)</enum><text>The term
<quote>poverty line</quote> means the poverty line (as defined by the Office of
Management and Budget, and revised annually in accordance with section 673(2)
of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.</text>
</paragraph></subsection><subsection id="HCA8C923F8E264E6C8FA680147BEE9289"><enum>(c)</enum><text>In providing
services and awarding financial assistance under the National Foundation on the
Arts and Humanities Act of 1965 with funds appropriated by this Act, the
Chairperson of the National Endowment for the Arts shall ensure that priority
is given to providing services or awarding financial assistance for projects,
productions, workshops, or programs that will encourage public knowledge,
education, understanding, and appreciation of the arts.</text>
</subsection><subsection id="H6B0D58C083254DE2BAC7BCB2690C64B7"><enum>(d)</enum><text>With funds
appropriated by this Act to carry out section 5 of the National Foundation on
the Arts and Humanities Act of 1965—</text>
<paragraph id="H858BFCFDB93C4D05829B95B5E16F599E"><enum>(1)</enum><text>the Chairperson
shall establish a grant category for projects, productions, workshops, or
programs that are of national impact or availability or are able to tour
several States;</text>
</paragraph><paragraph id="H9095DC2C269449AAB73067898016DA6E"><enum>(2)</enum><text>the Chairperson
shall not make grants exceeding 15 percent, in the aggregate, of such funds to
any single State, excluding grants made under the authority of paragraph
(1);</text>
</paragraph><paragraph id="H5CC8C082DAC24DDC902DFC61C6E1406B"><enum>(3)</enum><text>the Chairperson
shall report to the Congress annually and by State, on grants awarded by the
Chairperson in each grant category under section 5 of such Act; and</text>
</paragraph><paragraph id="H9921486F29C44EF4B75BF002A32E3BD2"><enum>(4)</enum><text>the Chairperson
shall encourage the use of grants to improve and support community-based music
performance and education.</text>
</paragraph></subsection></section><appropriations-small id="HE48AB184699E4E58AEA70889814F7A42"><header>Use of Competitive Grant
Funds</header>
</appropriations-small><section id="H1EE616317F4E4DEAB573C7C5D4E51D6F"><enum>421.</enum><text display-inline="yes-display-inline">Section 6(d) of Public Law 96–297 (16
U.S.C. 431 note), as added by section 101 of Public Law 108–126, is amended by
inserting <quote>, except funds awarded through competitive grants,</quote>
after <quote>No Federal funds</quote>.</text>
<appropriations-small id="HD3B13046B40E49D5A3A9CEE8F0C715E5"><header>Forest service facility
realignment and enhancement</header>
</appropriations-small></section><section id="HE945F2871CFE4ADDA5E31ACE07CC2B4E"><enum>422.</enum><text>Section 503(f) of
the Forest Service Realignment and Enhancement Act of 2005 (title V of Public
Law 109–54; 16 U.S.C. 580d note), as amended by section 422(l) of Public Law
111–8 (123 Stat. 748), is further amended by striking <quote>2011</quote> and
inserting <quote>2016</quote>.</text>
<appropriations-small id="HF5AC700C37564E939A1D27341AFDF552"><header>Service
first</header>
</appropriations-small></section><section id="H4B948CB9968F424E85FC447EF20E7240"><enum>423.</enum><text>Section 330 of
the Department of the Interior and Related Agencies Appropriations Act, 2001
(Public Law 106–291; 114 Stat. 996; 43 U.S.C. 1701 note), concerning Service
First authorities (114 Stat. 996), as amended by section 428 of Public Law
109–54 (119 Stat. 555–556) and section 418 of Public Law 111–8, is
amended—</text>
<paragraph id="H76453C82959249DEA7FCAF78E83E6470"><enum>(1)</enum><text>by striking in the
first sentence <quote>In fiscal years 2001 through 2011</quote>, and inserting
<quote>In fiscal year 2012 and each fiscal year thereafter</quote>;</text>
</paragraph><paragraph id="HA7EA901B7CCB43E9841B1052EB1BA455"><enum>(2)</enum><text display-inline="yes-display-inline">by deleting in the first sentence
<quote>may establish pilot programs</quote>.</text>
</paragraph></section><appropriations-small id="H10903E0CBD6C4DD49DF816F879C29B07"><header>Federal, state, cooperative
forest, range-land and watershed restoration in
utah</header>
</appropriations-small><section id="HFBBB051177F442728BD83847CE6CEC68"><enum>424.</enum><text>The authority
provided by section 337 of the Department of the Interior and Related Agencies
Appropriations Act, 2005 (Public Law 108–447; 118 Stat. 3012), as amended,
shall remain in effect until September 30, 2013.</text>
<appropriations-small id="HD94529ABB12A4769B9439627EBC89E4F"><header>Status of Balances of
Appropriations</header>
</appropriations-small></section><section id="H67F7B9C1335440F38FB5ACD9F082E87A"><enum>425.</enum><text display-inline="yes-display-inline">The Department of the Interior, the
Environmental Protection Agency, the Forest Service and the Indian Health
Service shall provide the Committees on Appropriations of the House of
Representatives and Senate a quarterly report on the status of balances of
appropriations. For balances that are unobligated and uncommitted, committed,
and obligated but unexpended, the quarterly reports shall separately identify
the amounts attributable to each source year of appropriation from which the
balances were derived. Initial reports shall be submitted to the Committees on
Appropriations within 30 days of the end of the first quarter of fiscal year
2012. Subsequent reports shall be submitted within 30 days of the end of each
quarter thereafter.</text>
<appropriations-small id="H1FE62091ADE2415A9FAD7BD8ADC83649"><header>Report on use of climate change
funds</header>
</appropriations-small></section><section id="H5DDF3FA27E5446F38DE0027DE9ED3612"><enum>426.</enum><text display-inline="yes-display-inline">Not later than 120 days after the date on
which the President’s fiscal year 2013 budget request is submitted to Congress,
the President shall submit a comprehensive 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 funding,
domestic and international, for climate change programs, projects and
activities in fiscal year 2011 and fiscal year 2012, including an accounting of
funding by agency with each agency identifying climate change programs,
projects and activities and associated costs by line item as presented in the
President’s Budget Appendix, and including citations and linkages where
practicable to each strategic plan that is driving funding within each climate
change program, project and activity listed in the report.</text>
<appropriations-small id="H44F7989090BE4EAFA23505CEE87781AA"><header>Stewardship
Contracting</header>
</appropriations-small></section><section id="H670579FB5B9E42528BC49EA0D6373D4D"><enum>427.</enum><text display-inline="yes-display-inline">Section 347(a) of the Department of the
Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104 note;
Public Law 105–277) is amended by striking <quote>September 30, 2013</quote>
and inserting <quote>September 30, 2023</quote>.</text>
<appropriations-small id="HB597EF226BA84471857725909311D216"><header>Prohibition on Use of
Funds</header>
</appropriations-small></section><section id="HC92418C1EA6142FC826F3C04E04BF327"><enum>428.</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 id="H2D7C0757E57A486BA774A54403115480"><header>Greenhouse Gas Reporting
Restrictions</header>
</appropriations-small></section><section id="HDC30AC21730C4382A481E8F023CE7CE0"><enum>429.</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 provision in a rule, if that provision requires mandatory
reporting of greenhouse gas emissions from manure management systems.</text>
<appropriations-small id="H8AD6005C0D094891855782095702F6C1"><header>Indian Employment, Training and
Related Services</header>
</appropriations-small></section><section id="H290D9B15532B4BD3AA97F0C5C8345F92"><enum>430.</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law,
and notwithstanding any auditing or reporting circular of the Office of
Management and Budget or related compliance memoranda, hereinbefore and
hereinafter (1) any funds supplied by any Federal department or agency to carry
out a plan under Public Law 102–477 (the Indian Employment, Training and
Related Services Demonstration Act), as amended, shall be consolidated and made
available to the applicable Indian tribe or tribal organization pursuant to an
existing contract, compact, or funding agreement under title I or title IV of
Public Law 93–638 (the Indian Self-Determination and Education Assistance Act),
as amended; and (2) no Indian tribe or tribal organization carrying out such a
plan shall be required to separately account for the expenditure of the funds
of each Federal department or agency after the date on which the funds are
consolidated and paid to the Indian tribe or tribal organization.</text>
<appropriations-small id="H8C0E6664C86A45BC8F20B270D9ADAB23"><header>Stationary Source Greenhouse Gas
Prohibition</header>
</appropriations-small></section><section id="H64D0315F265E43F38095BECA0EF3029B"><enum>431.</enum><subsection commented="no" display-inline="yes-display-inline" id="H43E2A2E6FE19441BADE8473D52D414B2"><enum>(a)</enum><text display-inline="yes-display-inline">During the one year period commencing on
the date of enactment of this Act—</text>
<paragraph id="H0F290AB041D14925B5F1878DB6D6D2F8" indent="up1"><enum>(1)</enum><text display-inline="yes-display-inline">the Administrator of the Environmental
Protection Agency shall not propose or promulgate any regulation regarding the
emissions of greenhouse gases from stationary sources to address climate
change, except this paragraph does not apply to—</text>
<subparagraph id="H8AF526CB3DC54DE7A47167604373D6C2"><enum>(A)</enum><text display-inline="yes-display-inline">regulations promulgated under title VI of
the Clean Air Act (42 U.S.C. 7671 et seq.); or</text>
</subparagraph><subparagraph id="HC1183D433DA449978EFAC9A599F140D8"><enum>(B)</enum><text display-inline="yes-display-inline">regulations designed to limit or defer
existing greenhouse gas regulation of stationary sources;</text>
</subparagraph></paragraph><paragraph id="H80A4C8EBB23D436EB731E208F9C28730" indent="up1"><enum>(2)</enum><text display-inline="yes-display-inline">any Federal statutory or regulatory
provision requiring a permit (or permit condition) under the Clean Air Act (42
U.S.C. 7401 et seq.) for emissions of greenhouse gases from a stationary source
to address climate change shall be of no legal effect;</text>
</paragraph><paragraph id="H361A0082FE59402E9CDB4F8F0D65E671" indent="up1"><enum>(3)</enum><text display-inline="yes-display-inline">any federally enforceable permit condition
for emissions of greenhouse gases from a stationary source to address climate
change in a permit under the Clean Air Act (42 U.S.C. 7401 et seq.) issued
prior to the date of enactment of this Act shall be of no legal effect;
and</text>
</paragraph><paragraph id="H016C04EE972B44629865B1BE7BE4912B" indent="up1"><enum>(4)</enum><text display-inline="yes-display-inline">no cause of action based on Federal or
State common law or civil tort (including nuisance) may be brought or
maintained, and no liability, money damages, or injunctive relief arising from
such an action may be imposed, for—</text>
<subparagraph id="H211974CCC3864C449640E504FBF6F899"><enum>(A)</enum><text display-inline="yes-display-inline">any potential or actual contribution of a
greenhouse gas to climate change; or</text>
</subparagraph><subparagraph id="HDC383379F7824DC5AD1CF3ACDA7E7D74"><enum>(B)</enum><text display-inline="yes-display-inline">any direct or indirect effect of potential
or actual or past, present, or future increases in concentrations of a
greenhouse gas.</text>
</subparagraph></paragraph></subsection><subsection id="HADABE990AFF841B488FB89D65E2A0ECC"><enum>(b)</enum><text display-inline="yes-display-inline">Any permit for a stationary source subject
to title I of the Clean Air Act (42 U.S.C. 7401 et seq.) for which an
application was submitted prior to the expiration of the one year period
commencing on the date of the enactment of this Act (regardless of when such
permit is issued) shall not include any federally enforceable condition for
greenhouse gas emissions to address climate change.</text>
</subsection></section><appropriations-small id="H3FABBCB9B66C46A29DAC4AC17DFE27A2"><header>Stream
Buffer</header>
</appropriations-small><section id="HEA40DF72DFDD4060836A39144BE5A352"><enum>432.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to develop, carry out, implement, or otherwise enforce proposed
regulations published June 18, 2010 (75 Fed. Reg. 34,667) by the Office of
Surface Mining Reclamation and Enforcement of the Department of the
Interior.</text>
<appropriations-small id="H2778A44D29504C968983DB988304C7C8"><header>Enhanced Coordination
Restrictions</header>
</appropriations-small></section><section id="HF142D869B9374E6D82E1FBB92D03E52F"><enum>433.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act to the Environmental Protection Agency, the Corps of Engineers, or the
Office of Surface Mining Reclamation and Enforcement may be used to carry out,
implement, administer, or enforce any policy or procedure set forth in —</text>
<paragraph id="H410386B26D8B469891570FF5372D500E"><enum>(1)</enum><text display-inline="yes-display-inline">the memorandum issued by the Environmental
Protection Agency and Department of the Army entitled <quote>Enhanced Surface
Coal Mining Pending Permit Coordination Procedures</quote>, dated June 11,
2009; or</text>
</paragraph><paragraph id="H905DF1710B434CA183D9D5D8EECA85C3"><enum>(2)</enum><text>the guidance (or
any revised version thereof) issued by the Environmental Protection Agency
entitled <quote>Improving EPA Review of Appalachian Surface Coal Mining
Operations under the Clean Water Act, National Environmental Policy Act, and
the Environmental Justice Executive Order</quote>, dated April 1, 2010.</text>
</paragraph></section><appropriations-small id="HE9F76E33D6334935B2E8CA0BF6C870FC"><header>Coal Combustion
Ash</header>
</appropriations-small><section id="H6507C6D1EFA64A1C9A36447D260412C5"><enum>434.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used by the Environmental Protection Agency to develop, propose,
finalize, implement, administer, or enforce any regulation that identifies or
lists fossil fuel combustion waste as hazardous waste subject to regulation
under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) or
otherwise makes fossil fuel combustion waste subject to regulation under such
subtitle.</text>
<appropriations-small id="HD4FEAC105C3F45E589A6425FCAB1C66A"><header>Waters of the United
States</header>
</appropriations-small></section><section id="HF679465AD5E34855AE107BB6F268917C"><enum>435.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act or any subsequent Act making appropriations for the Environmental
Protection Agency may be used by the Environmental Protection Agency to
develop, adopt, implement, administer, or enforce a change or supplement to the
rule dated November 13, 1986, or guidance documents dated January 15, 2003, and
December 2, 2008, pertaining to the definition of waters under the jurisdiction
of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).</text>
<appropriations-small id="HA96CA675ECD14F35A9153998FBFB9CC6"><header>Thermal
Discharges</header>
</appropriations-small></section><section id="HCF035BF69971433B88B3C7CA8C9CA31A"><enum>436.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act or any other Act shall be used to further develop, finalize, implement, or
enforce the proposed regulatory requirements issued by the Environmental
Protection Agency and published for public comment in the Federal Register on
April 20, 2011 (76 Fed. Reg. 22,174); or to develop or enforce any other new
regulations or requirements designed to implement section 316(b) of the Federal
Water Pollution Control Act (33 U.S.C. 1312 (b)).</text>
<appropriations-small id="H970400E892F149259AE13B046F0A73AA"><header>Forest Service Pre-Decisional
Objection Process</header>
</appropriations-small></section><section id="HF52BE3B03F9F436D8181D5A0E7BBE4C5"><enum>437.</enum><text display-inline="yes-display-inline">Hereafter, upon issuance of final
regulations, the Secretary of Agriculture, acting through the Chief of the
Forest Service, shall apply section 105(a) of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6515(a)), providing for a pre-decisional objection
process, to proposed actions of the Forest Service concerning projects and
activities implementing land and resource management plans developed under the
Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600
et seq.) in lieu of subsections (c), (d), and (e) of section 322 of Public Law
102–381 (16 U.S.C. 1612 note), providing for an administrative appeal process:
<italic>Provided</italic>, That if the Chief of the Forest Service determines
an emergency situation exists for which immediate implementation of a proposed
action is necessary, the proposed action shall not be subject to the
pre-decisional objection process, and implementation shall begin immediately
after the Forest Service gives notice of the final decision for the proposed
action: <italic>Provided further</italic>, That this section shall not apply to
an authorized hazardous fuel reduction project under title I of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6501 et seq.).</text>
<appropriations-small id="HE6E5744E435444619FAA4FC2A55C4318"><header>Silvicultural
Activities</header>
</appropriations-small></section><section id="H843F3382741B404194F24467ED991346" section-type="subsequent-section"><enum>438.</enum><text display-inline="yes-display-inline">Section 402(l) of the Federal Water
Pollution Control Act (33 U.S.C. 1342(l)) is amended by adding at the end the
following:</text>
<quoted-block display-inline="no-display-inline" id="H9D575E0C900142D2AED4AB5B398395C8" style="OLC">
<paragraph id="HC4CCF19D7C5048A3B3DA19D4C6EF5187"><enum>(3)</enum><header>Silvicultural
activities</header><text display-inline="yes-display-inline">The Administrator
shall not require a permit under this section, nor shall the Administrator
directly or indirectly require any State to require a permit, for discharges of
stormwater runoff from roads, the construction, use, or maintenance of which
are associated with silvicultural activities, or from other silvicultural
activities involving nursery operations, site preparation, reforestation and
subsequent cultural treatment, thinning, prescribed burning, pest and fire
control, harvesting operations, or surface
drainage.</text>
</paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
<appropriations-small id="H6CAFFEAC5408434AA074F44D4AB43A61"><header>Stormwater
Discharge</header>
</appropriations-small></section><section id="H4992754B11FB4ABEA4F353E6422B5F16"><enum>439.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act or any other Act may be expended for the development, adoption,
implementation, or enforcement of regulations or guidance that would expand the
Federal stormwater discharge program under section 402(p) of the Federal Water
Pollution Control Act (33 U.S.C. 1342(p)) to post-construction commercial or
residential properties until 90 days after the Administrator of the
Environmental Protection Agency submits to the Committee on Transportation and
Infrastructure and the Committee on Appropriations of the House of
Representatives and the Committee on Environment and Public Works and the
Committee on Appropriations of the Senate the study of stormwater discharges
required under section 402(p)(5) of such Act (33 U.S.C. 1342(p)(5)). Such study
shall include—</text>
<paragraph id="H764981B3F2C748CFACE5D290CE1065BE"><enum>(1)</enum><text>a
thorough review and analysis of potential regulatory options under the
stormwater program;</text>
</paragraph><paragraph id="H692D3A10666C4F7FBEF09E7BBEB190CF"><enum>(2)</enum><text>the program’s
anticipated costs (including to the Environmental Protection Agency, States,
and potentially regulated entities) and benefits; and</text>
</paragraph><paragraph id="H7306C3CED1334F6689132BA3484F0C49"><enum>(3)</enum><text>a
numerical identification of both relative cost effectiveness among the options
and the anticipated water quality enhancements that would result from each
option.</text>
</paragraph></section><appropriations-small id="HDEB35C02AE50421D95012C3C021433E2"><header>Association
Placer</header>
</appropriations-small><section id="H3DEBA2C1A2A648DDA5BD007762464BDD"><enum>440.</enum><text display-inline="yes-display-inline">Section 10101 of the Omnibus Budget
Reconciliation Act of 1993 (30 U.S.C. 28f) is amended by redesignating
subsections (c) and (d) as subsections (d) and (e), respectively, and inserting
after subsection (b) the following new subsection:</text>
<quoted-block display-inline="no-display-inline" id="H66BD4C2847564C17B0D80979A5B9717A" style="OLC">
<subsection id="H9D32B4EBC5BB4E6A9CB3164064E503AB"><enum>(c)</enum><text display-inline="yes-display-inline">For each placer claim held by an
association of 2 or more persons, the claim maintenance fee shall be
charged—</text>
<paragraph id="HFE84446AB804405085D8C8E31E5C2082"><enum>(1)</enum><text>for each 20-acre
tract that is subject to the claim; and</text>
</paragraph><paragraph id="HB4DA81C6AEF24BD89042B5B2A5B11FB7"><enum>(2)</enum><text>for any remaining
tract (after application of paragraph (1)) that is subject to the
claim.</text>
</paragraph></subsection><after-quoted-block>.</after-quoted-block></quoted-block>
<appropriations-small id="H47A64E03E7864715BB2A267A2F170B1E"><header>Flexible
Air Permitting Programs</header>
</appropriations-small></section><section id="H5F41DBA701A540CF970C23408A19FE14"><enum>441.</enum><text display-inline="yes-display-inline">The Administrator of the Environmental
Protection Agency—</text>
<paragraph id="H8354E63E5EA94574BD4F9F1B31ED6042"><enum>(1)</enum><text display-inline="yes-display-inline">shall take no action (including any
rulemaking or enforcement action) to disapprove or prevent implementation of
any flexible air permitting program under which emissions from multiple sources
may be combined for purposes of determining compliance with an emissions
limitation that—</text>
<subparagraph id="HDE315FD0C1014CAC99AD010EC17957D6"><enum>(A)</enum><text display-inline="yes-display-inline">has been submitted by a State as a revision
to the State implementation plan pursuant to section 110 of the Clean Air Act
(42 U.S.C. 7410); and</text>
</subparagraph><subparagraph id="H2AC5818F16204987BA886DAB8AF5D4AB"><enum>(B)</enum><text display-inline="yes-display-inline">has been adopted as part of the State
implementation plan for such State prior to the date of enactment of this Act;
and</text>
</subparagraph></paragraph><paragraph id="H8437774CC5574CF7A611A8BF3561218E"><enum>(2)</enum><text display-inline="yes-display-inline">shall take no enforcement action against
the holder of an individual permit issued under an air permitting program
described in paragraph (1) based on any disapproval of the program by the
Administrator prior to the date of the enactment of this Act.</text>
</paragraph></section><appropriations-small id="H152847B7659A4CF09C430C2D8C3C9AD6"><header>Domestic Livestock
Grazing</header>
</appropriations-small><section id="H16CAE3A7FDB74042A5C236C2F91BE9DE"><enum>442.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act or any other Act through fiscal year 2016 may be used to plan or carry out
any action or any subsequent agency regulation for managing bighorn sheep
(whether native or nonnative) populations on any parcel of Federal land (as
defined in section 3 of the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6502)) if the action may or will result in a reduction in the number of
domestic livestock permitted to graze on the parcel or in the distribution of
livestock on the parcel.</text>
<appropriations-small id="H370D135EDEC24C4E80565D41CC444DF6"><header>Air Emissions From Outer
Continental Shelf Activities</header>
</appropriations-small></section><section id="H87F0ECB588974FA3821EB3469E571865"><enum>443.</enum><subsection commented="no" display-inline="yes-display-inline" id="H24E847E6CEB14C6EACFB80B931971C7E"><enum>(a)</enum><text>Section 328(a)(1) of the
Clean Air Act (42 U.S.C. 7627(a)(1)) is amended by inserting before the period
at the end of the second sentence the following: <quote>, except that any air
quality impact of any OCS source shall be measured or modeled, as appropriate,
and determined solely with respect to the impacts in the corresponding onshore
area</quote>.</text>
</subsection><subsection id="H00464F2199A84972B4FC45C7BE2DA6CB"><enum>(b)</enum><text>Section
328(a)(4)(C) of the Clean Air Act (42 U.S.C. 7627(a)(4)(C)) is amended in the
matter following clause (iii) by striking <quote>shall be considered direct
emissions from the OCS source</quote> and inserting <quote>shall be considered
direct emissions from the OCS source but shall not be subject to any emission
control requirement applicable to the source under subpart 1 of part C of title
I of this Act. For platform or drill ship exploration, an OCS source is
established at the point in time when drilling commences at a location and
ceases to exist when drilling activity ends at such location or is temporarily
interrupted because the platform or drill ship relocates for weather or other
reasons</quote>.</text>
</subsection><subsection id="H05A782D2ED684E7F81E655AB1AB4BF05"><enum>(c)</enum><paragraph commented="no" display-inline="yes-display-inline" id="H6DD5597C9E464D24A6C733451CD6CA3B"><enum>(1)</enum><text display-inline="yes-display-inline">Section 328 of the Clean Air Act (42 U.S.C.
7627) is amended by adding at the end thereof the following:</text>
<quoted-block display-inline="no-display-inline" id="HA1C82FB50A114FA6B1C5701DA8399CA8" style="OLC">
<subsection id="H1E489C63E61B49E8A74EF71017703ED1"><enum>(d)</enum><header>Permit
application</header><text>In the case of a completed application for a permit
under this Act for platform or drill ship exploration for an OCS source—</text>
<paragraph id="H5F1079609C094ACCB01FF65242EB3567"><enum>(1)</enum><text>final agency
action (including any reconsideration of the issuance or denial of such permit)
shall be taken not later than 6 months after the date of filing such completed
application;</text>
</paragraph><paragraph id="H3192B7C889AE412F8DF7D96108DE5121"><enum>(2)</enum><text display-inline="yes-display-inline">the Environmental Appeals Board of the
Environmental Protection Agency shall have no authority to consider any matter
regarding the consideration, issuance, or denial of such permit;</text>
</paragraph><paragraph id="HEA9145D4CEF24D9C85A05CCDE926B0A4"><enum>(3)</enum><text display-inline="yes-display-inline">no administrative stay of the effectiveness
of such permit may extend beyond the date that is 6 months after the date of
filing such completed application;</text>
</paragraph><paragraph id="H2AC8DE22860B4D49A985F6CDB5B813F7"><enum>(4)</enum><text>such final agency
action shall be considered to be nationally applicable under section 307(b);
and</text>
</paragraph><paragraph id="H9C511F1F85504A199550F823851C7CE3"><enum>(5)</enum><text>judicial review of
such final agency action shall be available only in accordance with section
307(b) without additional administrative review or
adjudication.</text>
</paragraph></subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph><paragraph id="H118454243E794C98A17DCA38256220CC" indent="up1"><enum>(2)</enum><text display-inline="yes-display-inline">Section 328(a)(4) of the Clean Air Act (42
U.S.C. 7627(a)(4)) is amended by striking <quote>For purposes of subsections
(a) and (b)</quote> and inserting <quote>For purposes of this subsection and
subsections (b) and (d)</quote>.</text>
</paragraph></subsection></section><appropriations-small id="HD7CBBC95EBD74C38B6EB47B4A03914CB"><header>Integrated Risk Information
System (IRIS)</header>
</appropriations-small><section id="HA5906C6C915E426B8B1983B961157DA0"><enum>444.</enum><subsection commented="no" display-inline="yes-display-inline" id="H586F1DD956FA49259D6D325EB140F367"><enum>(a)</enum><text display-inline="yes-display-inline">The Administrator of the Environmental
Protection Agency (EPA)—</text>
<paragraph id="H313EB12CB97740579BCB75E8D31EE639" indent="up1"><enum>(1)</enum><text display-inline="yes-display-inline">shall immediately implement improvements in
the IRIS program in accordance with the recommendations of Chapter 7 of the
National Research Council’s Review of the Environmental Protection Agency’s
Draft IRIS Assessment of Formaldehyde;</text>
</paragraph><paragraph id="HB95D707319244F14909986B6A33D64D8" indent="up1"><enum>(2)</enum><text display-inline="yes-display-inline">shall provide a report to the authorizing
and appropriating Committees of the House of Representatives and Senate by
December 1, 2011 describing how such recommendations have been implemented
for—</text>
<subparagraph id="H590C50A6BC9A457B8DDC2B86A907AB36"><enum>(A)</enum><text display-inline="yes-display-inline">each of the existing assessments currently
underway; and</text>
</subparagraph><subparagraph id="HC42EEC3BE24E479BA383CA0A1DCC4CA5"><enum>(B)</enum><text display-inline="yes-display-inline">any new assessments.</text>
</subparagraph></paragraph><paragraph id="H73B51D80CE43448EA4E0D7BCC079E665" indent="up1"><enum>(3)</enum><text display-inline="yes-display-inline">shall not use any funds to take any
administrative action based on any draft or final assessment that is not based
on—</text>
<subparagraph id="HB609573F5FDB4046BDA89735E87AC6FD"><enum>(A)</enum><text display-inline="yes-display-inline">improvements implemented in the IRIS
program in accordance with the recommendations of Chapter 7 of the National
Research Council’s Review of the Environmental Protection Agency’s Draft IRIS
Assessment of Formaldehyde; and</text>
</subparagraph><subparagraph id="HF24497D03A09418995B68234BA7A5A03"><enum>(B)</enum><text display-inline="yes-display-inline">demonstration of such implementation by
documentation of the activities taken to implement the recommendations.</text>
</subparagraph></paragraph></subsection><subsection id="HC8961D0DF6ED4DECB511C48C7F0C1A0E"><enum>(b)</enum><paragraph commented="no" display-inline="yes-display-inline" id="H1B034749C6184EFF82623B97AECFDBE4"><enum>(1)</enum><text display-inline="yes-display-inline">Utilizing funds appropriated in this Act,
the Administrator shall within 90 days arrange for the National Academy of
Sciences to review the EPA report required by section (a)(2). The Academy’s
review shall assess the scientific, technical, and process changes being
implemented or planned by EPA in the IRIS program and shall recommend
modifications or additions to these changes as appropriate to improve
substantially the scientific and technical performance of the IRIS program. The
Academy shall also identify a representative sample of up to three specific
IRIS assessments nearing completion that could be reviewed to evaluate the
results of the changes being implemented by the EPA.</text>
</paragraph><paragraph id="HBD83D5D6BE094C698827BDA1C93C1B8F" indent="up1"><enum>(2)</enum><text display-inline="yes-display-inline">Utilizing funds appropriated in this Act,
the Administrator shall arrange for the National Academy of Sciences to perform
a scientific and technical review of up to three IRIS assessments based on the
recommendation of the Academy in the review provided for in subsection
(b)(1).</text>
</paragraph></subsection><subsection id="H014CE26DD6F14855A92B36EE937C499F"><enum>(c)</enum><text display-inline="yes-display-inline">No funds in this Act shall be available for
expenditure by EPA for further action of any kind on any proposed rule,
regulation, guidance, goal, or permit, issued after May 21, 2009 that solicited
comment on a proposal that, if finalized, would result, based on application of
EPA exposure assumptions, in the lowering or further lowering of any exposure
level that would be within or below background concentration levels in ambient
air, public drinking water sources, soil, or sediment.</text>
</subsection></section><appropriations-small id="H297199DFE07C457E852E34C078FFD580"><header>Arizona Mineral Withdrawal
Prohibition</header>
</appropriations-small><section id="HEFA9062BB3F64C6892B336647D32805A"><enum>445.</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law,
none of the approximately 1,010,776 acres of public lands and National Forest
System lands described in Public Land Order No. 7773; Emergency Withdrawal of
Public and National Forest System Lands, Coconino and Mohave Counties; AZ (76
Fed. Reg. 37826) may be withdrawn from location and entry under the General
Mining Law of 1872 (30 U.S.C. 22 et seq.) except as expressly authorized by a
law enacted after the date of enactment of this Act that refers to this
section.</text>
<appropriations-small id="H76DEFEDA30DF4773B85450744570F06C"><header>Travel Management Rule and
National Forest System Land in California</header>
</appropriations-small></section><section display-inline="no-display-inline" id="H1CB89E0078FB4CD89EBF6E8829F938EE" section-type="subsequent-section"><enum>446.</enum><subsection commented="no" display-inline="yes-display-inline" id="H1B27874ACE614C80A0FEF90E851532A5"><enum>(a)</enum><header>Consideration of
routes not previously considered</header><text display-inline="yes-display-inline">The Secretary of Agriculture shall not
implement or enforce Subpart B of the Travel Management Rule (subpart B of part
212 of title 36, Code of Federal Regulations), relating to the designation of
roads, trails, and areas for motor vehicle use, in an administrative unit of
the National Forest System in California until the Secretary completes
post-Subpart B Project Level Trail Planning of unauthorized routes in the unit
not considered in Subpart B.</text>
</subsection><subsection id="H6031EA8996BD4E12983CD5C4A17569E9"><enum>(b)</enum><header>Treatment of
maintenance-level 3 roads</header><text display-inline="yes-display-inline">In
implementing Subpart B of the Travel Management Rule in an administrative unit
of the National Forest System in California, the Secretary of Agriculture shall
not treat a maintenance-level 3 road (as defined in the Forest Service
Handbook) as a <quote>highway</quote> for purposes of determining applicability
of division 16.5 of the California Vehicle Code (section 38000 et seq.),
relating to off-highway motor vehicles.</text>
</subsection></section><appropriations-small id="HD58E884CF64544FC8D42AA45291FADF9"><header> Biological
opinions</header>
</appropriations-small><section id="HE9A60B8556934501835516E8FA44458D"><enum>447.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to modify, cancel, or suspend the registration of a pesticide
registered or reregistered under section 3 or 4 of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C.136a, 136a–1) in response to a final
biological opinion or other written statement issued under section 7(b) of the
Endangered Species Act of 1973 (16 U.S.C. 1536(b)).</text>
<appropriations-small id="HB33640E567DE4FFDB7532CC03A14AA6A"><header> Portland
Cement</header>
</appropriations-small></section><section id="H690008C2B87B40B1A03C039B4F576AA8"><enum>448.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to implement, administer, or enforce the rule entitled
<quote>National Emission Standards for Hazardous Air Pollutants From the
Portland Cement Manufacturing Industry and Standards of Performance for
Portland Cement Plants</quote> published by the Environmental Protection Agency
on September 9, 2010 (75 Fed. Reg. 54970 et seq.).</text>
<appropriations-small id="H6706523A9EA247C482ED3EC7D828795A"><header> Funding
prohibition</header>
</appropriations-small></section><section id="H70893DD306EC4709A07567789E0ECACA"><enum>449.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan or loan
guarantee to, any corporation that was convicted (or had an officer or agent of
such corporation acting on behalf of the corporation convicted) of a felony
criminal offense under any Federal law within the preceding 24 months.</text>
<appropriations-small id="H3025E0F6C8774138B1AF7C7BA5783155"><header> Lead Test
Kit</header>
</appropriations-small></section><section id="H26F793A10E6046A1BFA1CBC278F374CF"><enum>450.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to implement or enforce regulations under subpart E of part 745
of title 40, Code of Federal Regulations (commonly known as the <quote>Lead;
Renovation, Repair, and Painting Rule</quote>), or any subsequent amendments to
such regulations, until the Administrator of the Environmental Protection
Agency publicizes Environmental Protection Agency recognition of a
commercially-available lead test kit that meets both criteria under section
745.88(c) of title 40, Code of Federal Regulations.</text>
<appropriations-small id="H2543FE85DCFD403ABC02BCBC1AEA2291"><header> Limitation with respect to
delinquent tax debts</header>
</appropriations-small></section><section id="HF34EE74715D7451D9BAF4A1F02E3E924"><enum>451.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan or loan
guarantee to, any corporation with an unpaid Federal tax liability that has
been assessed, for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for collecting the tax
liability.</text>
<appropriations-small id="H3AA63F80F7B346039B56D52F69C3A261"><header> Water quality
standards</header>
</appropriations-small></section><section id="HA8D60A5E054346A691EC25C8BC5F1C01"><enum>452.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to implement, administer, or enforce the rule entitled
<quote>Water Quality Standards for the State of Florida’s Lakes and Flowing
Waters</quote> published in the Federal Register by the Environmental
Protection Agency on December 6, 2010 (75 Fed. Reg. 75762 et seq.).</text>
<appropriations-small id="HF3DD5DED18294C43A07615F217333C69"><header> Mobile source
emissions</header>
</appropriations-small></section><section id="H4156A05C64564773A87F93E571C07C44"><enum>453.</enum><text display-inline="yes-display-inline">None of the funds made available under this
Act shall be used—</text>
<paragraph id="H48A51537868B47BBB14727ED8A06A88D"><enum>(1)</enum><text>to prepare,
propose, promulgate, finalize, implement, or enforce any regulation pursuant to
section 202 of the Clean Air Act (42 U.S.C. 7521) regarding the regulation of
any greenhouse gas emissions from new motor vehicles or new motor vehicle
engines that are maufactured after model year 2016 to address climate change;
or</text>
</paragraph><paragraph id="H144DDC1C93004BE38176D7D7622ECD7F"><enum>(2)</enum><text>to consider or
grant a waiver under section 209(b) of such Act (42 U.S.C. 7543(b)) so that a
State or political subdivision thereof may adopt or attempt to enforce
standards for the control of emissions of any greenhouse gas from new motor
vehicles or new motor vehicle engines that are manufactured after model year
2016 to address climate change.</text>
</paragraph></section><appropriations-small id="H9B627020961F4B24938B35AE7DEF0CBB"><header>Particulate
matter</header>
</appropriations-small><section id="H1747C3DCA1434B84A9B7F7605D7A6275"><enum>454.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to modify the national primary ambient air quality standard or
the national secondary ambient air quality standard applicable to coarse
particulate matter (generally referred to as <quote>PM10</quote>) under section
109 of the Clean Air Act (42 U.S.C. 7409).</text>
<appropriations-small id="H6F43E633235F40E2B327A63DE998AD85"><header> Financial
assurance</header>
</appropriations-small></section><section id="H58B63DA5CE234590911DE612A4719585"><enum>455.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to develop, propose, finalize, implement, enforce, or
administer any regulation that would establish new financial responsibility
requirements pursuant to section 108(b) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9608(b)).</text>
<appropriations-small id="HF09451838F304E55B7D0E4A1848B8051"><header> Wetlands designations in
emergencies</header>
</appropriations-small></section><section id="H8F6FA219D1924B9BAB78C343DA615E58"><enum>456.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used to delineate new wetlands in any county included in a major
disaster declaration as a result of flooding in the year 2011 for purposes of
section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344).</text>
<appropriations-small id="H80925A261C684A0291D00CE2B5D41662"><header>Alaska native regional health
entities</header>
</appropriations-small></section><section id="H6AEA535928F84D85B714D2FC5478E90A"><enum>457.</enum><subsection commented="no" display-inline="yes-display-inline" id="H130A6C6692BF41C7AA42D3A4A5BBDAD4"><enum>(a)</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law
and until October 1, 2013,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 id="H77698FF8C3634253884C435E1DD84C16"><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 id="H573A1D7C4C4F43C7953DD94824978A24"><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 id="H7E67925E55D343A7B412ED5E3C9C356A"><header>Land exchange
notification</header>
</appropriations-small><section id="HDBEF65A1023840528F3DA37A0B9A3300"><enum>458.</enum><text display-inline="yes-display-inline">Section 206 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716) is amended by adding at the end the
following new subsection:</text>
<quoted-block display-inline="no-display-inline" id="H0AE12944DDFF4460B7958766BB6901E1" style="OLC">
<subsection id="H095D86224E954E199AE721A920F39A4F"><enum>(j)</enum><text display-inline="yes-display-inline">In the case of any exchange involving
public land or National Forest System land to be carried out (whether directly
or through a third-party) under this Act or other applicable law, the Secretary
concerned shall provide written notice of the proposed land exchange to each
owner of non-Federal land adjoining the parcel of public land or National
Forest System land proposed for exchange and each owner of non-Federal land
adjoining the non-Federal land proposed to be acquired in the exchange. The
Secretary shall determine adjoining landowners using the most-recent available
tax records. For purposes of providing notification under this subsection,
adjoining land means land sharing any length of border with the public land,
National Forest System land, or non-Federal land subject to the proposed
exchange, including contact solely at a boundary
corner.</text>
</subsection><after-quoted-block>.</after-quoted-block></quoted-block>
<appropriations-small id="HC3E9E3DA05204C84A922CD19DE01EBB0"><header> Ballast
Water Management Regulations</header>
</appropriations-small></section><section id="H832820BAF60C486BAA4B36C5703A33E0"><enum>459.</enum><subsection commented="no" display-inline="yes-display-inline" id="H68BF5338918244209A04DD499C6979F0"><enum>(a)</enum><header>Prohibition</header><text display-inline="yes-display-inline">None of the funds made available by this
Act for the Environmental Protection Agency shall be provided to any State
that—</text>
<paragraph id="HD6FE51167CBE47FF878C0B020FAE6535"><enum>(1)</enum><text>is adjacent to one
or more of the Great Lakes; and</text>
</paragraph><paragraph id="H8A38225559724B56968D9D804F153D53"><enum>(2)</enum><text display-inline="yes-display-inline">has in effect a certification under section
401 of the Federal Water Pollution Control Act (33 U.S.C. 1341) or a State
permit requirement that imposes on vessels that discharge ballast water into,
take in ballast water from, or transit that State’s waters a performance
standard for ballast water management systems, or a ballast water exchange
standard, which the Commandant of the Coast Guard determines is more stringent
than the following standards:</text>
<subparagraph id="H7E8C0DE6A6B443B0812B4BD87AF598DE"><enum>(A)</enum><text display-inline="yes-display-inline">Coast Guard regulations that have been
placed into effect after the date of enactment of this Act regarding standards
for living organisms in ships’ ballast water discharged in United States waters
from vessels and regarding vessel open water ballast water exchange.</text>
</subparagraph><subparagraph id="HB593D0951C644149AC292BD7F98F9319"><enum>(B)</enum><text display-inline="yes-display-inline">Only to the extent that the regulations
described in subparagraph (A) are not in effect, the standards for the control
and management of ship’s ballast water and sediment adopted by the
International Maritime Organization as of the date of enactment of this
Act.</text>
</subparagraph></paragraph></subsection><subsection id="H1A48CAAFC7CE4B1BBB7217B79D436B72"><enum>(b)</enum><header>Definitions</header><text display-inline="yes-display-inline">In this section:</text>
<paragraph id="H52A8D28E6DDE402DBFCA881D3604E9C2"><enum>(1)</enum><text>The term
<quote>Great Lakes</quote> has the same meaning given that term in section
118(a) of the Federal Water Pollution Control Act (33 U.S.C. 1268(a)).</text>
</paragraph><paragraph id="HB0E389C5762F4046960B783B1783A8A8"><enum>(2)</enum><text>The term <quote>is
more stringent than</quote> means one or more of the following:</text>
<subparagraph id="HE303DE52EACF416894E90AB04F5A9366"><enum>(A)</enum><text display-inline="yes-display-inline">Includes a higher percentage efficiency of
volumetric exchange of ballast water.</text>
</subparagraph><subparagraph id="H93A6BC7231434952A9C2576E73DFB657"><enum>(B)</enum><text>Includes a higher
relative volume of pumping throughput for ballast water exchange.</text>
</subparagraph><subparagraph id="H4CD85339ED4E4531B3D1CA27E02CC6E5"><enum>(C)</enum><text>Requires a greater
distance from the nearest land or a greater depth of water for conducting
ballast water exchange.</text>
</subparagraph><subparagraph id="H0CB0B8D526364B198C1870FAE78E67AF"><enum>(D)</enum><text>Includes a ballast
water management performance standard that requires a lower concentration of
viable organisms.</text>
</subparagraph><subparagraph id="HD2547320AFE2452AB32075901A727CE1"><enum>(E)</enum><text>Includes a ballast
water management performance standard that requires a smaller minimum dimension
of viable organisms.</text>
</subparagraph><subparagraph id="H65EFC2666F844187BB3DC180E739DB29"><enum>(F)</enum><text>Includes a ballast
water management performance standard that includes additional indicator
microbes.</text>
</subparagraph><subparagraph id="H6A92E813EE82454D913E859E2B0AC9DD"><enum>(G)</enum><text>Includes an
earlier deadline for meeting a ballast water management performance standard or
a ballast water exchange standard.</text>
</subparagraph><subparagraph id="HB4F0E426D9FC4E8CB1B4BA08AF079AFC"><enum>(H)</enum><text>Precludes the use
of one or more ballast water treatment technologies approved through the
applicable requirement described in subparagraphs (A) or (B) of subsection
(a)(2).</text>
</subparagraph><subparagraph id="H6B38FA80ABEC4FF68C9338D53D33BDF5"><enum>(I)</enum><text display-inline="yes-display-inline">Requires the use of one or more ballast
water treatment technologies not approved by the applicable requirement
described in subparagraphs (A) or (B) of subsection (a)(2).</text>
</subparagraph></paragraph></subsection></section><appropriations-small id="H04B64C92E3BA40078CDFD166509C5E76"><header>Pesticide
labels</header>
</appropriations-small><section id="H9BB286F58CA44257B904B516FF6E63B4"><enum>460.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used by the Administrator of the Environmental Protection Agency to
finalize the Proposed Guidance on False or Misleading Pesticide Product Brand
Names, as contained in Draft Pesticide Registration Notice 2010–X (Docket ID
EPA–HQ–OPP–2010–0282).</text>
<appropriations-small id="H3707FB6750D340EEBF9AEA33CF37C420"><header>Ammonia regulation funding
prohibition</header>
</appropriations-small></section><section id="H0902512DE16C4C1C981C58CE588837D0"><enum>461.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to regulate ammonia or ammonium under any national secondary
ambient air quality standard for oxides of nitrogen and oxides of sulfur
promulgated pursuant to section 109 of the Clean Air Act (42 U.S.C.
7409).</text>
<appropriations-small id="HC1245F03C11349948943FD7A7C35A86E"><header>Regulatory economic
analysis</header>
</appropriations-small></section><section id="H31B6F593448D4E24818AC2235DB36379"><enum>462.</enum><subsection commented="no" display-inline="yes-display-inline" id="HF2ECBF1745C642CC85D7BDCD56595333"><enum>(a)</enum><text display-inline="yes-display-inline">Not later than 12 months after the date of
the enactment of this Act, the Administrator of the Environmental Protection
Agency (in this section referred to as the <quote>Administrator</quote>) shall
conduct a study, and submit a report to the Congress, on the cumulative impacts
of the following rules, guidelines, and actions:</text>
<paragraph id="H9436D9BADB594AC783CE599DC740CC32"><enum>(1)</enum><text>The following
published rules (including any successor or substantially similar rule):</text>
<subparagraph commented="no" display-inline="no-display-inline" id="H2D4DF3BDB75745B99E516A6E2D64F9FB"><enum>(A)</enum><text display-inline="yes-display-inline"><quote>Federal Implementation Plans To
Reduce Interstate Transport of Fine Particulate Matter and Ozone</quote>,
published at 75 Fed. Reg. 45210 (August 2, 2010).</text>
</subparagraph><subparagraph commented="no" id="HA175406381CA472292C0723FEA734162"><enum>(B)</enum><text display-inline="yes-display-inline"><quote>National Ambient Air Quality
Standards for Ozone</quote>, published at 75 Fed. Reg. 2938 (January 19,
2010).</text>
</subparagraph><subparagraph commented="no" id="H910BB11AF7194209BF9F18003BC2C7D5"><enum>(C)</enum><text display-inline="yes-display-inline"><quote>National Emission Standards for
Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and
Institutional Boilers and Process Heaters</quote>, published at 76 Fed. Reg.
15608 (March 21, 2011).</text>
</subparagraph><subparagraph commented="no" id="H0EA2FE19B413447290C3F4F23C94C6CE"><enum>(D)</enum><text display-inline="yes-display-inline"><quote>National Emission Standards for
Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and
Institutional Boilers</quote>, published at 76 Fed. Reg. 15554 (March 21,
2011).</text>
</subparagraph><subparagraph commented="no" id="HCD2FC1D6D0584F458492EEE6438C5916"><enum>(E)</enum><text display-inline="yes-display-inline"><quote>National Emission Standards for
Hazardous Air Pollutants from Coal- and Oil-fired Electric Utility Steam
Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric
Utility, Industrial-Commercial-Institutional, and Small
Industrial-Commercial-Institutional Steam Generating Units</quote>, signed by
Administrator Lisa P. Jackson on March 16, 2011.</text>
</subparagraph><subparagraph commented="no" id="HDED726E0889C4C218994802D1379D0AE"><enum>(F)</enum><text display-inline="yes-display-inline"><quote>Hazardous and Solid Waste Management
System; Identification and Listing of Special Wastes; Disposal of Coal
Combustion Residuals From Electric Utilities</quote>, published at 75 Fed. Reg.
35127 (June 21, 2010).</text>
</subparagraph><subparagraph commented="no" id="H1CADAE1414684F7FA9860690333189BB"><enum>(G)</enum><text display-inline="yes-display-inline"><quote>Primary National Ambient Air Quality
Standard for Sulfur Dioxide</quote>, published at 75 Fed. Reg. 35520 (June 22,
2010).</text>
</subparagraph><subparagraph commented="no" id="H26AEB60D31F245C785104ACB46DE5445"><enum>(H)</enum><text display-inline="yes-display-inline"><quote>Primary National Ambient Air Quality
Standards for Nitrogen Dioxide</quote>, published at 75 Fed. Reg. 6474
(February 9, 2010).</text>
</subparagraph></paragraph><paragraph id="HEDF986915966413FB9700886E6974258"><enum>(2)</enum><text>The following
additional rules or guidelines promulgated on or after January 1, 2009:</text>
<subparagraph commented="no" id="HFBDFD4CC8D8B4288B612002D52FB0310"><enum>(A)</enum><text display-inline="yes-display-inline">Any rule or guideline promulgated under
section 111(b) or 111(d) of the Clean Air Act (<external-xref legal-doc="usc" parsable-cite="usc/42/7411">42 U.S.C. 7411(b)</external-xref>, 7411(d)) to
address climate change.</text>
</subparagraph><subparagraph id="HCACC4D48845A42579103D306986D8650"><enum>(B)</enum><text>Any rule or
guideline promulgated by the Administrator of the Environmental Protection
Agency, a State, a local government, or a permitting agency under or as the
result of section 169A or 169B of the Clean Air Act (<external-xref legal-doc="usc" parsable-cite="usc/42/7491">42 U.S.C. 7491</external-xref>,
7492).</text>
</subparagraph><subparagraph id="H1C274E7E66C1411DBAEBDBBC23C69817"><enum>(C)</enum><text>Any rule
establishing or modifying a national ambient air quality standard under section
109 of the Clean Air Act (<external-xref legal-doc="usc" parsable-cite="usc/42/7409">42 U.S.C. 7409</external-xref>).</text>
</subparagraph></paragraph><paragraph id="HC510BA971C8E43D2AAA28F2EE7A7C953"><enum>(3)</enum><text display-inline="yes-display-inline">Any action on or after January 1, 2009, by
the Administrator of the Environmental Protection Agency, a State, a local
government, or a permitting agency as a result of the application of part C of
title I (relating to prevention of significant deterioration of air quality) or
title V (relating to permitting) of the Clean Air Act (<external-xref legal-doc="usc" parsable-cite="usc/42/7401">42 U.S.C. 7401 et seq.</external-xref>), if such
application occurs with respect to an air pollutant that is identified as a
greenhouse gas in <quote>Endangerment and Cause or Contribute Findings for
Greenhouse Gases Under Section 202(a) of the Clean Air Act</quote>, published
at 74 Fed. Reg. 66496 (December 15, 2009).</text>
</paragraph></subsection><subsection id="H71EDEA84F26941DA8894287A61E66879"><enum>(b)</enum><text display-inline="yes-display-inline">In conducting the study under subsection
(a), the Administrator shall consider primary and secondary impacts on jobs,
costs to ratepayers and consumers, impacts on electric reliability and resource
adequacy, impacts to the global economic competitiveness of the United States,
impacts on small business, any changes in the fuel mix used in the electric
power sector and resulting impacts to the economies of communities and States
where those fuels are produced, impacts to the public health and welfare
resulting from increased electricity costs, and any other relevant
costs.</text>
</subsection><subsection id="H4F44ED51557A4912B5E5D04EA3471CA7"><enum>(c)</enum><text display-inline="yes-display-inline">The Administrator shall not take final
action with respect to the rule listed in subsection (a)(1)(E) (relating to
national emission standards and standards of performance for certain electric
generating units) until a date (to be determined by the Administrator) that is
at least 6 months after the day on which the Administrator submits the report
required by subsection (a).</text>
</subsection><subsection id="H47C5D04F3E5A41019C491F8170D48B20"><enum>(d)</enum><text display-inline="yes-display-inline">Notwithstanding the final action taken with
respect to the rule listed in subsection (a)(1)(A) (relating to Federal
implementation plans to reduce interstate transport of fine particulate matter
and ozone) and final action (if any) taken with respect to the rule listed in
subsection (a)(1)(E) prior to the date of the enactment of this Act—</text>
<paragraph id="H2CF7EC54F0104012A15D92150FBC45CA" indent="up1"><enum>(1)</enum><text>such final action shall not be or
become, as applicable, effective until a date (to be determined by the
Administrator) that is at least 6 months after the day on which the
Administrator submits the report required by subsection (a); and</text>
</paragraph><paragraph id="HE72AD56F906946FE972E6A3B254B8E14" indent="up1"><enum>(2)</enum><text>the date for compliance with any
standard or requirement in either such finalized rule, and any date for further
regulatory action triggered by either such finalized rule, shall be delayed by
a period equal to the period—</text>
<subparagraph id="H25C168155C3E41D29456D9C4905B59C9"><enum>(A)</enum><text>beginning on the date of the
publication of the final action for the respective finalized rule; and</text>
</subparagraph><subparagraph id="H79EEDE0070AD429B8D1B180EEF6F12FE"><enum>(B)</enum><text display-inline="yes-display-inline">ending on the date on which such final
action becomes effective pursuant to paragraph (1).</text>
</subparagraph></paragraph></subsection><subsection id="HB963004B11D34C29938BC655C083E70D"><enum>(e)</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law,
the Administrator shall continue to implement the Clean Air Interstate Rule and
the rule establishing Federal Implementation Plans for the Clean Air Interstate
Rule as promulgated and modified by the Administrator of the Environmental
Protection Agency (70 Fed. Reg. 25162 (May 12, 2005), 71 Fed. Reg. 25288 (April
28, 2006), 71 Fed. Reg. 25328 (April 28, 2006), 72 Fed. Reg. 59190 (Oct. 19,
2007), 72 Fed. Reg. 62338 (Nov. 2, 2007), 74 Fed. Reg. 56721 (Nov. 3, 2009))
until the date on which final action with respect to the rule listed in
subsection (a)(1)(A) becomes effective pursuant to subsection (d)(1).</text>
</subsection></section><enum>V</enum><header>Reducing Regulatory
Burdens Act of 2011</header>
<section commented="no" id="H83467A8009754937AACE1F8A278F159E" section-type="subsequent-section"><enum>501.</enum><header>Short title</header><text display-inline="no-display-inline">This title may be cited as the
<quote><short-title>Reducing Regulatory Burdens Act of
2011</short-title></quote>.</text>
</section><section id="HCB094251D9C2489A9B76D991DF3C0029"><enum>502.</enum><header>Use of authorized
pesticides</header><text display-inline="no-display-inline">Section 3(f) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136a(f)) is amended by adding at the
end the following:</text>
<quoted-block display-inline="no-display-inline" id="H5C747BD284A1492083D9E284CD979F64" style="OLC">
<paragraph commented="no" id="H75575AB85BE44C1FBBA691244D640867"><enum>(5)</enum><header>Use of
authorized pesticides</header><text display-inline="yes-display-inline">Except
as provided in section 402(s) of the Federal Water Pollution Control Act, the
Administrator or a State may not require a permit under such Act for a
discharge from a point source into navigable waters of a pesticide authorized
for sale, distribution, or use under this Act, or the residue of such a
pesticide, resulting from the application of such
pesticide.</text>
</paragraph><after-quoted-block>.</after-quoted-block></quoted-block></section><section id="HF94AC4F4E090438392390BBE6A481A79"><enum>503.</enum><header>Discharges of
pesticides</header><text display-inline="no-display-inline">Section 402 of the Federal Water Pollution
Control Act (33 U.S.C. 1342) is amended by adding at the end the
following:</text>
<quoted-block display-inline="no-display-inline" id="HC6232B8F1DF74EBD8B4C71E43E3C256D" style="OLC">
<subsection id="H34A383C829BC4DD8995C581C746F61E7"><enum>(s)</enum><header>Discharges of
pesticides</header>
<paragraph id="H2FEBC9C21E0E4086B18D51631E2EEEDD"><enum>(1)</enum><header>No permit
requirement</header><text display-inline="yes-display-inline">Except as
provided in paragraph (2), a permit shall not be required by the Administrator
or a State under this Act for a discharge from a point source into navigable
waters of a pesticide authorized for sale, distribution, or use under the
Federal Insecticide, Fungicide, and Rodenticide Act, or the residue of such a
pesticide, resulting from the application of such pesticide.</text>
</paragraph><paragraph id="H7D6242CAB0DF4D408BC08C39E86B25E8"><enum>(2)</enum><header>Exceptions</header><text>Paragraph
(1) shall not apply to the following discharges of a pesticide or pesticide
residue:</text>
<subparagraph id="H4790F1F6E65F40CC8A0D6E2ECBAF2486"><enum>(A)</enum><text display-inline="yes-display-inline">A discharge resulting from the application
of a pesticide in violation of a provision of the Federal Insecticide,
Fungicide, and Rodenticide Act that is relevant to protecting water quality,
if—</text>
<clause id="HE214F90C63574ECE9979D6C4D819BD20"><enum>(i)</enum><text display-inline="yes-display-inline">the discharge would not have occurred but
for the violation; or</text>
</clause><clause id="H88CE3F7A0C7545DA8EA1F43290D9A476"><enum>(ii)</enum><text display-inline="yes-display-inline">the amount of pesticide or pesticide
residue in the discharge is greater than would have occurred without the
violation.</text>
</clause></subparagraph><subparagraph commented="no" id="H831FF37CFBC649A88C03E6D61DE24FD5"><enum>(B)</enum><text display-inline="yes-display-inline">Stormwater discharges subject to regulation
under subsection (p).</text>
</subparagraph><subparagraph commented="no" id="H69BD6654999344A199D2428974FC601D"><enum>(C)</enum><text display-inline="yes-display-inline">The following discharges subject to
regulation under this section:</text>
<clause commented="no" id="HA0B034FCB31C4DD1B45785E1D543D267"><enum>(i)</enum><text>Manufacturing or
industrial effluent.</text>
</clause><clause commented="no" id="HA64F104FD57549098FDD136A38A09306"><enum>(ii)</enum><text>Treatment works
effluent.</text>
</clause><clause commented="no" id="H7E51DFFF31DF4E0194C0FF8D6D080002"><enum>(iii)</enum><text>Discharges
incidental to the normal operation of a vessel, including a discharge resulting
from ballasting operations or vessel biofouling
prevention.</text>
</clause></subparagraph></paragraph></subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</section><enum>VI</enum><header>Additional
General Provisions</header>
<appropriations-small id="H69658635A32D43CAA06D2944ABF2EF7C"><header>Spending Reduction
Account</header>
</appropriations-small><section id="H66567046B18F4ED19C2E325F5526F637"><enum>601.</enum><text display-inline="yes-display-inline">The amount by which the applicable
allocation of new budget authority made by the Committee on Appropriations of
the House of Representatives under section 302(b) of the Congressional Budget
Act of 1974 exceeds the amount of proposed new budget authority is
$8,000,000.</text>
<appropriations-small id="H8EE2720F24494535B3662C336B60A6FF"><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,
2012</short-title></quote>.</text>
</appropriations-small></section>
July 19, 2011
Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed