[Congressional Record Volume 155, Number 132 (Thursday, September 17, 2009)]
[Senate]
[Pages S9499-S9521]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2010

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will proceed to the consideration of H.R. 2996, which the clerk 
will report.
  The legislative clerk read as follows:

       A bill (H.R. 2996) making appropriations for the Department 
     of the Interior, environment and related agencies for the 
     fiscal year ending September 30, 2010, and for other 
     purposes.


[[Page S9500]]


  The Senate proceeded to consider the bill which had been reported 
from the Committee on Appropriations with an amendment to strike all 
after the enacting clause and insert in lieu thereof the following:

     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the Department 
     of the Interior, environment, and related agencies for the 
     fiscal year ending September 30, 2010, and for other 
     purposes, namely:

                                TITLE I

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                   management of lands and resources

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

                              construction

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

                            land acquisition

       For expenses necessary to carry out sections 205, 206, and 
     318(d) of Public Law 94-579, including administrative 
     expenses and acquisition of lands or waters, or interests 
     therein, $28,650,000, to be derived from the Land and Water 
     Conservation Fund and to remain available until expended.

                   oregon and california grant lands

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

               forest ecosystem health and recovery fund

                   (revolving fund, special account)

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

                           range improvements

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

               service charges, deposits, and forfeitures

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

                       miscellaneous trust funds

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

                       administrative provisions

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

                United States Fish and Wildlife Service

                          resource management

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

[[Page S9501]]

                              construction

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

                            land acquisition

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

            cooperative endangered species conservation fund

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

                     national wildlife refuge fund

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

               north american wetlands conservation fund

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

                neotropical migratory bird conservation

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

                multinational species conservation fund

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

                    state and tribal wildlife grants

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

                       administrative provisions

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

                         National Park Service

                 operation of the national park system

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

                  national recreation and preservation

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

                       historic preservation fund

       For expenses necessary in carrying out the Historic 
     Preservation Act of 1966, as amended (16 U.S.C. 470), and the 
     Omnibus Parks and Public Lands Management Act of 1996 (Public 
     Law 104-333), $74,500,000, to be derived from the Historic 
     Preservation Fund and to remain available until September 30, 
     2011; of which $20,000,000 shall be for Save America's 
     Treasures grants as authorized by section 7303 of the Omnibus 
     Public Land Management Act of 2009 (Public Law 111-11).

                              construction

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

                    land and water conservation fund

                              (rescission)

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

                 land acquisition and state assistance

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

                       administrative provisions

                     (including transfer of funds)

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

[[Page S9502]]

       National Park Service funds may be transferred to the 
     Federal Highway Administration (FHWA), Department of 
     Transportation, for purposes authorized under 23 U.S.C. 204. 
     Transfers may include a reasonable amount for FHWA 
     administrative support costs.

                    United States Geological Survey

                 surveys, investigations, and research

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

                       administrative provisions

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

                      Minerals Management Service

                royalty and offshore minerals management

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

                           oil spill research

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

                        administrative provision

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

          Office of Surface Mining Reclamation and Enforcement

                       regulation and technology

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

                    abandoned mine reclamation fund

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

                        administrative provision

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

                        Bureau of Indian Affairs

                      operation of indian programs

                     (including transfer of funds)

       For expenses necessary for the operation of Indian 
     programs, as authorized by law, including the Snyder Act of 
     November 2, 1921 (25 U.S.C. 13), the Indian Self-
     Determination and Education Assistance Act of 1975 (25 U.S.C. 
     450 et seq.), as amended, the Education Amendments of 1978 
     (25 U.S.C. 2001-2019), and the Tribally Controlled Schools 
     Act of 1988 (25 U.S.C. 2501 et seq.), as amended, 
     $2,309,322,000, to remain available until September 30, 2011 
     except as otherwise provided herein; of which not to exceed 
     $8,500 may be for official reception and representation 
     expenses; of which not to exceed $74,915,000 shall be for 
     welfare assistance payments: Provided, That in cases of 
     designated Federal disasters, the Secretary may exceed such 
     cap, from the amounts provided herein, to provide for 
     disaster relief to Indian communities affected by the 
     disaster; of which, notwithstanding any other provision of 
     law, including but not limited to the Indian Self-
     Determination Act of 1975, as amended, not to exceed 
     $154,794,000 shall be available for payments for contract 
     support costs associated with ongoing contracts, grants, 
     compacts, or annual funding agreements entered into with the 
     Bureau prior to or during fiscal year 2010, as authorized by 
     such Act, except that tribes and tribal organizations may use 
     their tribal priority allocations for unmet contract support 
     costs of ongoing contracts, grants, or compacts, or annual 
     funding agreements and for unmet welfare assistance costs; of 
     which not to exceed $566,702,000 for school operations costs 
     of Bureau-funded schools and other education programs shall 
     become available on July 1, 2010, and shall remain available 
     until September 30, 2011; of which $25,000,000 shall be for 
     public safety and justice programs as authorized by the 
     Emergency Fund for Indian Safety and Health, established by 
     section 601 of Public Law 110-293 (25 U.S.C. 443c); and of 
     which not to exceed $60,958,000 shall remain available until 
     expended for housing improvement, road maintenance, attorney 
     fees, litigation support, the Indian Self-Determination Fund, 
     land records improvement, and

[[Page S9503]]

     the Navajo-Hopi Settlement Program: Provided further, That 
     notwithstanding any other provision of law, including but not 
     limited to the Indian Self-Determination Act of 1975, as 
     amended, and 25 U.S.C. 2008, not to exceed $43,373,000 within 
     and only from such amounts made available for school 
     operations shall be available for administrative cost grants 
     associated with ongoing grants entered into with the Bureau 
     prior to or during fiscal year 2009 for the operation of 
     Bureau-funded schools, and up to $500,000 within and only 
     from such amounts made available for administrative cost 
     grants shall be available for the transitional costs of 
     initial administrative cost grants to grantees that assume 
     operation on or after July 1, 2009, of Bureau-funded schools: 
     Provided further, That any forestry funds allocated to a 
     tribe which remain unobligated as of September 30, 2011, may 
     be transferred during fiscal year 2012 to an Indian forest 
     land assistance account established for the benefit of the 
     holder of the funds within the holder's trust fund account: 
     Provided further, That any such unobligated balances not so 
     transferred shall expire on September 30, 2012: Provided 
     further, That in order to enhance the safety of Bureau field 
     employees, the Bureau may use funds to purchase uniforms or 
     other identifying articles of clothing for personnel.

                              construction

                     (including transfer of funds)

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

 indian land and water claim settlements and miscellaneous payments to 
                                indians

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

                     indian land consolidation, bia

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

                 indian guaranteed loan program account

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

                       administrative provisions

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

                          Departmental Offices

                        Office of the Secretary

                         salaries and expenses

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

                            Insular Affairs

                       assistance to territories

       For expenses necessary for assistance to territories under 
     the jurisdiction of the Department of the Interior, 
     $81,095,000, of which: (1) $71,815,000 shall remain available 
     until expended for technical assistance, including 
     maintenance assistance, disaster assistance, insular 
     management controls, coral reef initiative activities, and 
     brown tree snake control and research; grants to the 
     judiciary in American Samoa for compensation and expenses, as 
     authorized by

[[Page S9504]]

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

                      compact of free association

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

                        Office of the Solicitor

                         salaries and expenses

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

                      Office of Inspector General

                         salaries and expenses

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

           Office of the Special Trustee for American Indians

                         federal trust programs

                     (including transfer of funds)

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

                        Department-wide Programs

                        wildland fire management

                     (including transfers of funds)

       For necessary expenses for fire preparedness, suppression 
     operations, fire science and research, emergency 
     rehabilitation, hazardous fuels reduction, and rural fire 
     assistance by the Department of the Interior, $979,637,000, 
     to remain available until expended, of which not to exceed 
     $6,137,000 shall be for the renovation or construction of 
     fire facilities: Provided, That such funds are also available 
     for repayment of advances to other appropriation accounts 
     from which funds were previously transferred for such 
     purposes: Provided further, That persons hired pursuant to 43 
     U.S.C. 1469 may be furnished subsistence and lodging without 
     cost from funds available from this appropriation: Provided 
     further, That notwithstanding 42 U.S.C. 1856d, sums received 
     by a bureau or office of the Department of the Interior for 
     fire protection rendered pursuant to 42 U.S.C. 1856 et seq., 
     protection of United States property, may be credited to the 
     appropriation from which funds were expended to provide that 
     protection, and are available without fiscal year limitation: 
     Provided further, That using the amounts designated under 
     this title of this Act, the Secretary of the Interior may 
     enter into procurement contracts, grants, or cooperative 
     agreements, for hazardous fuels reduction activities, and for 
     training and monitoring associated with such hazardous fuels 
     reduction activities, on Federal land, or on adjacent non-
     Federal land for activities that benefit resources on Federal 
     land: Provided further, That the costs of implementing any 
     cooperative agreement between the Federal Government and any 
     non-Federal entity may be shared, as mutually agreed on by 
     the affected parties: Provided further, That notwithstanding 
     requirements of the Competition in Contracting Act, the 
     Secretary, for purposes of hazardous fuels reduction 
     activities, may obtain maximum practicable competition among: 
     (1) local private, nonprofit, or cooperative entities; (2) 
     Youth Conservation Corps crews, Public Lands Corps (Public 
     Law 109-154), or related partnerships with State, local, or 
     non-profit youth groups; (3) small or micro-businesses; or 
     (4) other entities that will hire or train locally a 
     significant percentage, defined as 50 percent or more, of the 
     project workforce to complete such contracts: Provided 
     further, That in implementing this section, the Secretary 
     shall develop written guidance to field units to ensure 
     accountability and consistent application of the authorities 
     provided herein: Provided further, That funds appropriated 
     under this head may be used to reimburse the United States 
     Fish and Wildlife Service and the National Marine Fisheries 
     Service for the costs of carrying out their responsibilities 
     under the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.) to consult and conference, as required by section 7 of 
     such Act, in connection with wildland fire management 
     activities: Provided further, That the Secretary of the 
     Interior may use wildland fire appropriations to enter into 
     non-competitive sole source leases of real property with 
     local governments, at or below fair market value, to 
     construct capitalized improvements for fire facilities on 
     such leased properties, including but not limited to fire 
     guard stations, retardant stations, and other initial attack 
     and fire support facilities, and to make advance payments for 
     any such lease or for construction activity associated with 
     the lease: Provided further, That the Secretary of the 
     Interior and the Secretary of Agriculture may authorize the 
     transfer of funds appropriated for wildland fire management, 
     in an aggregate amount not to exceed $10,000,000, between the 
     Departments when such transfers would facilitate and expedite 
     jointly funded wildland fire management programs and 
     projects: Provided further, That funds provided for wildfire 
     suppression shall be available for support of Federal 
     emergency response actions.

                    central hazardous materials fund

       For necessary expenses of the Department of the Interior 
     and any of its component offices and bureaus for the response 
     action, including associated activities, performed pursuant 
     to the

[[Page S9505]]

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

           natural resource damage assessment and restoration

                natural resource damage assessment fund

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

                          working capital fund

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

                        administrative provision

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

             General Provisions, Department of the Interior

               emergency transfer authority--intra-bureau

                     (including transfers of funds)

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

             emergency transfer authority--department-wide

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

                        authorized use of funds

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

                        authorized use of funds

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

                        redistribution of funds

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

                      twin cities research center

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

                            payment of fees

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

                 ellis, governors, and liberty islands

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

                      prohibition on use of funds

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

                     use of cooperative agreements

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

[[Page S9506]]

                          conforming amendment

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

       prohibition on use of funds, point reyes national seashore

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

                outer continental shelf inspection fees

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

         yosemite national park authorized payments, amendment

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

                northern plains heritage area, amendment

       Sec. 115.  Section 8004 of the Omnibus Public Land 
     Management Act of 2009 (Public Law 111-11; 123 Stat. 1240) is 
     amended--
       (1) by redesignating subsections (g) through (i) as 
     subsections (h) through (j), respectively;
       (2) in subsection (h)(1) (as redesignated by paragraph 
     (1)), in the matter preceding subparagraph (A), by striking 
     ``subsection (i)'' and inserting ``subsection (j)''; and
       (3) by inserting after subsection (f) the following:
       ``(g) Requirements for Inclusion of Private Property in 
     Heritage Area.--
       ``(1) Notification and consent requirement.--No privately 
     owned property shall be preserved, conserved, or promoted by 
     the management plan for the Heritage Area until the later of 
     the date on which--
       ``(A) the management entity of the Heritage Area submits to 
     the owner of the private property a written notification of 
     the proposed preservation, conservation, or promotion; and
       ``(B) the owner of the private property provides to the 
     management entity written consent for the preservation, 
     conservation, or promotion.
       ``(2) Landowner withdrawal.--Private property included 
     within the boundary of the Heritage Area shall immediately be 
     withdrawn from the Heritage Area if the owner of the property 
     submits a written notice to the management entity.''.

              pearl harbor naval complex, joint ticketing

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

                  assistance for the republic of palau

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

       golden gate national recreation area, fort baker amendment

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

            theodore roosevelt national park, elk reduction

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

           point reyes national seashore, extension of permit

       Sec. 120. (a) Prior to the expiration on November 30, 2012 
     of the Drake's Bay Oyster Company's Reservation of Use and 
     Occupancy and associated special use permit (``existing 
     authorization'') within Drake's Estero at Point Reyes 
     National Seashore, the Secretary of the Interior shall extend 
     the existing authorization through a lease (or other legal 
     instrument) with the same terms and conditions, except as 
     provided herein, for a period of 10 years from November 30, 
     2012: Provided, That such extended authorization is subject 
     to the Company's compliance with all applicable laws and 
     regulations (excepting any that would prohibit the extended 
     authorization) and permit conditions in effect on the date of 
     enactment of this Act with any mutually agreed modifications 
     to such permit conditions, including the maintenance of best 
     practices as outlined in the National Academy of Sciences 
     report expected in fall 2009 regarding (1) shellfish farming 
     in Drake's Estero, (2) minimizing disturbance of marine 
     mammals, and (3) control and removal, to the extent 
     practicable, of the tunicate ``Didemnum'': Provided further, 
     That such extended authorization is subject to annual 
     payments to the United States based on the fair market value 
     of the use of the Federal property for the duration of such 
     renewal.
       (b) Nothing in this section shall be construed to have any 
     application to any location other than Point Reyes National 
     Seashore; nor shall anything in this section be cited as 
     precedent for management of any potential wilderness outside 
     the Seashore.

                         contribution authority

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

[[Page S9507]]

     2008 and 2009 only'' and inserting ``in fiscal years 2008, 
     2009 and 2010 only''.

              national park system, special resource study

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

                                TITLE II

                    ENVIRONMENTAL PROTECTION AGENCY

                         Science and Technology

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

                 Environmental Programs and Management

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

                      Office of Inspector General

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

                        Buildings and Facilities

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

                     Hazardous Substance Superfund

                     (including transfers of funds)

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

          Leaking Underground Storage Tank Trust Fund Program

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

                           Oil Spill Response

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

                   State and Tribal Assistance Grants

       For environmental programs and infrastructure assistance, 
     including capitalization grants for State revolving funds and 
     performance partnership grants, $4,954,274,000, to remain 
     available until expended, of which $2,100,000,000 shall be 
     for making capitalization grants for the Clean Water State 
     Revolving Funds under title VI of the Federal Water Pollution 
     Control Act, as amended (the ``Act''); of which 
     $1,387,000,000 shall be for capitalization grants for the 
     Drinking Water State Revolving Funds under section 1452 of 
     the Safe Drinking Water Act, as amended: Provided, That, for 
     fiscal year 2010, to the extent that there are sufficient 
     applications, not less than 20 percent of the funds made 
     available for the Clean Water State Revolving Fund or 
     Drinking Water State Revolving Fund capitalization grants 
     shall be for projects to address green infrastructure, water 
     or energy efficiency improvements, or other environmentally 
     innovative activities; $10,000,000 shall be for 
     architectural, engineering, planning, design, construction 
     and related activities in connection with the construction of 
     high priority water and wastewater facilities in the area of 
     the United States-Mexico Border, after consultation with the 
     appropriate border commission; $15,000,000 shall be for 
     grants to the State of Alaska to address drinking water and 
     wastewater infrastructure needs of rural and Alaska Native 
     Villages: Provided further, That, of these funds: (1) the 
     State of Alaska shall provide a match of 25 percent; (2) no 
     more than 5 percent of the funds may be used for 
     administrative and overhead expenses; and (3) the State of 
     Alaska shall make awards consistent with the State-wide 
     priority list established in conjunction with the Agency and 
     the U.S. Department of Agriculture for all water, sewer, 
     waste disposal, and similar projects carried out by the State 
     of Alaska that are funded under section 221 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1301) or the 
     Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et 
     seq.) which shall allocate not less than 25 percent of the 
     funds provided for projects in regional hub communities; 
     $150,000,000 shall be for making special project grants for 
     the construction of drinking water, wastewater and storm 
     water infrastructure and for water quality protection in 
     accordance with the terms and conditions specified for such 
     grants in the committee report accompanying this Act, and, 
     for purposes of these grants, each grantee shall contribute 
     not less than 45 percent of the cost of the project unless 
     the grantee is approved for a waiver by the Agency; 
     $101,000,000 shall be to carry out section 104(k) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (CERCLA), as amended, including grants, 
     interagency agreements, and associated program support costs; 
     $60,000,000 shall be for grants under title VII, subtitle G 
     of the Energy Policy Act of 2005, as amended; $20,000,000 
     shall be for targeted airshed grants in accordance with the 
     terms and conditions of the committee report accompanying 
     this Act; and $1,111,274,000 shall be for grants, including 
     associated program support costs, to States, federally 
     recognized tribes, interstate agencies, tribal consortia, and 
     air pollution control agencies for multi-media or single 
     media pollution prevention, control and abatement and related 
     activities, including activities pursuant to the provisions 
     set forth under this heading in Public Law 104-134, and for 
     making grants under section 103 of the Clean Air Act for 
     particulate matter monitoring and data collection activities 
     subject to terms and conditions specified by the 
     Administrator, of which $49,495,000 shall be for carrying out 
     section 128 of CERCLA, as amended, $10,000,000 shall be for 
     Environmental Information Exchange Network grants, including 
     associated program support costs, $18,500,000 of the funds 
     available for grants under section 106 of the Act shall be 
     for water quality monitoring activities, and, in addition to 
     funds appropriated under the heading ``Leaking Underground 
     Storage Tank Trust Fund Program'' to carry out the provisions 
     of the Solid Waste Disposal Act specified in section 9508(c) 
     of the Internal Revenue Code other than section 9003(h) of 
     the Solid Waste Disposal Act, as amended, $2,500,000 shall be 
     for grants to States under section 2007(f)(2) of the Solid 
     Waste Disposal Act, as amended: Provided further, That 
     notwithstanding section 603(d)(7) of the Federal Water 
     Pollution Control Act, the limitation on the amounts in a 
     State water pollution control revolving fund that may be used 
     by a State to administer the fund shall not apply to amounts 
     included as principal in loans made by such fund in fiscal 
     year 2010 and prior years where such amounts represent costs 
     of administering the fund to the extent that such amounts are 
     or were deemed reasonable by the Administrator, accounted for 
     separately from other assets in the fund, and used for 
     eligible purposes of the fund, including administration: 
     Provided further, That for fiscal year 2010, and 
     notwithstanding section 518(f) of the Act, the Administrator 
     is authorized to use the amounts appropriated for any fiscal 
     year under section

[[Page S9508]]

     319 of that Act to make grants to federally recognized Indian 
     tribes pursuant to sections 319(h) and 518(e) of that Act: 
     Provided further, That, for fiscal year 2010, notwithstanding 
     the limitation on amounts in section 518(c) of the Federal 
     Water Pollution Control Act and section 1452(i) of the Safe 
     Drinking Water Act, up to a total of 2 percent of the funds 
     appropriated for the Clean Water State Revolving Funds and 
     Drinking Water State Revolving Funds may be reserved by the 
     Administrator for grants to Tribes: Provided further, That, 
     for fiscal year 2010, notwithstanding any other provision of 
     law, up to a total of 1.5 percent of the funds provided for 
     the Clean Water State Revolving Funds and Drinking Water 
     State Revolving Funds may be reserved by the Administrator 
     for grants to territories of the United States: Provided 
     further, That no funds provided by this appropriations Act to 
     address the water, wastewater and other critical 
     infrastructure needs of the colonias in the United States 
     along the United States-Mexico border shall be made available 
     to a county or municipal government unless that government 
     has established an enforceable local ordinance, or other 
     zoning rule, which prevents in that jurisdiction the 
     development or construction of any additional colonia areas, 
     or the development within an existing colonia the 
     construction of any new home, business, or other structure 
     which lacks water, wastewater, or other necessary 
     infrastructure: Provided further, That notwithstanding the 
     joint explanatory statement of the Committee on 
     Appropriations of the House of Representatives accompanying 
     Public Law 111-8, the $300,000 made available to the Village 
     of Crestwood for water storage improvements (as described in 
     the table entitled ``Congressionally Designated Spending'' in 
     section 430 of that joint explanatory statement) shall be 
     made available to the City of Quincy, Illinois, for drinking 
     water system improvements.

       Administrative Provisions, Environmental Protection Agency

                    (including rescission of funds)

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

                               TITLE III

                            RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                     forest and rangeland research

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

                       state and private forestry

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

                         national forest system

                     (including transfers of funds)

       For necessary expenses of the Forest Service, not otherwise 
     provided for, for management, protection, improvement, and 
     utilization of the National Forest System, $1,556,329,000, to 
     remain available until expended, which shall include 50 
     percent of all moneys received during prior fiscal years as 
     fees collected under the Land and Water Conservation Fund Act 
     of 1965, as amended, in accordance with section 4 of the Act 
     (16 U.S.C. 460l-6a(i)): Provided, That, through fiscal year 
     2014, the Secretary of Agriculture may authorize the 
     expenditure or transfer of such sums as are necessary to the 
     Secretary of the Interior for removal, preparation and 
     adoption of excess wild horses and burros from National 
     Forest System lands and for the performance of cadastral 
     surveys to designate the boundaries of such lands.

                  capital improvement and maintenance

                     (including transfer of funds)

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

                            land acquisition

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

         acquisition of lands for national forests special acts

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

            acquisition of lands to complete land exchanges

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

                         range betterment fund

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

    gifts, donations and bequests for forest and rangeland research

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

        management of national forest lands for subsistence uses

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

                        wildland fire management

                     (including transfers of funds)

       For necessary expenses for forest fire presuppression 
     activities on National Forest System lands, for emergency 
     fire suppression on or adjacent to such lands or other lands 
     under fire protection agreement, hazardous fuels reduction on 
     or adjacent to such lands, and for emergency rehabilitation 
     of burned-over National Forest System lands and water, 
     $2,586,637,000, to remain available until expended: Provided, 
     That such funds including unobligated balances under this 
     heading, are available for repayment of advances from other 
     appropriations accounts previously transferred for such 
     purposes: Provided further, That such

[[Page S9509]]

     funds shall be available to reimburse State and other 
     cooperating entities for services provided in response to 
     wildfire and other emergencies or disasters to the extent 
     such reimbursements by the Forest Service for non-fire 
     emergencies are fully repaid by the responsible emergency 
     management agency: Provided further, That, notwithstanding 
     any other provision of law, $8,000,000 of funds appropriated 
     under this appropriation shall be used for Fire Science 
     Research in support of the Joint Fire Science Program: 
     Provided further, That all authorities for the use of funds, 
     including the use of contracts, grants, and cooperative 
     agreements, available to execute the Forest and Rangeland 
     Research appropriation, are also available in the utilization 
     of these funds for Fire Science Research: Provided further, 
     That funds provided shall be available for emergency 
     rehabilitation and restoration, hazardous fuels reduction 
     activities in the urban-wildland interface, support to 
     Federal emergency response, and wildfire suppression 
     activities of the Forest Service: Provided further, That of 
     the funds provided, $350,285,000 is for hazardous fuels 
     reduction activities, $11,500,000 is for rehabilitation and 
     restoration, $23,917,000 is for research activities and to 
     make competitive research grants pursuant to the Forest and 
     Rangeland Renewable Resources Research Act, as amended (16 
     U.S.C. 1641 et seq.), $56,250,000 is for State fire 
     assistance, $9,000,000 is for volunteer fire assistance, 
     $17,252,000 is for forest health activities on Federal lands 
     and $9,928,000 is for forest health activities on State and 
     private lands: Provided further, That amounts in this 
     paragraph may be transferred to the ``State and Private 
     Forestry'', ``National Forest System'', and ``Forest and 
     Rangeland Research'' accounts to fund State fire assistance, 
     volunteer fire assistance, forest health management, forest 
     and rangeland research, the Joint Fire Science Program, 
     vegetation and watershed management, heritage site 
     rehabilitation, and wildlife and fish habitat management and 
     restoration: Provided further, That up to $15,000,000 of the 
     funds provided under this heading for hazardous fuels 
     treatments may be transferred to and made a part of the 
     ``National Forest System'' account at the sole discretion of 
     the Chief of the Forest Service 30 days after notifying the 
     House and the Senate Committees on Appropriations: Provided 
     further, That the costs of implementing any cooperative 
     agreement between the Federal Government and any non-Federal 
     entity may be shared, as mutually agreed on by the affected 
     parties: Provided further, That in addition to funds provided 
     for State Fire Assistance programs, and subject to all 
     authorities available to the Forest Service under the State 
     and Private Forestry Appropriation, up to $15,000,000 may be 
     used on adjacent non-Federal lands for the purpose of 
     protecting communities when hazard reduction activities are 
     planned on national forest lands that have the potential to 
     place such communities at risk: Provided further, That funds 
     made available to implement the Community Forest Restoration 
     Act, Public Law 106-393, title VI, shall be available for use 
     on non-Federal lands in accordance with authorities available 
     to the Forest Service under the State and Private Forestry 
     Appropriation: Provided further, That the Secretary of the 
     Interior and the Secretary of Agriculture may authorize the 
     transfer of funds appropriated for wildland fire management, 
     in an aggregate amount not to exceed $10,000,000, between the 
     Departments when such transfers would facilitate and expedite 
     jointly funded wildland fire management programs and 
     projects: Provided further, That of the funds provided for 
     hazardous fuels reduction, not to exceed $10,000,000, may be 
     used to make grants, using any authorities available to the 
     Forest Service under the State and Private Forestry 
     appropriation, for the purpose of creating incentives for 
     increased use of biomass from national forest lands: Provided 
     further, That funds designated for wildfire suppression shall 
     be assessed for cost pools on the same basis as such 
     assessments are calculated against other agency programs.

               administrative provisions, forest service

                     (including transfers of funds)

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

[[Page S9510]]

     should clearly display the sums previously transferred and 
     the requested funding transfers.
       Funds provided to the Forest Service in this Act may be 
     used for the purpose of expenses associated with primary and 
     secondary schooling for the 2009-2010 school year of 
     dependents of agency personnel stationed in Puerto Rico, at a 
     cost not in excess of those authorized by the Department of 
     Defense for that same area, when it is determined by the 
     Chief of the Forest Service that public schools available in 
     the locality are unable to provide adequately for the 
     education of such dependents.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service

                         indian health services

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

                        indian health facilities

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

            administrative provisions, indian health service

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

                     National Institutes of Health

          national institute of environmental health sciences

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

[[Page S9511]]

            Agency for Toxic Substances and Disease Registry

            toxic substances and environmental public health

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

                         OTHER RELATED AGENCIES

                   Executive Office of the President

  council on environmental quality and office of environmental quality

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

             Chemical Safety and Hazard Investigation Board

                         salaries and expenses

                     (including transfer of funds)

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

              Office of Navajo and Hopi Indian Relocation

                         salaries and expenses

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

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development

                        payment to the institute

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

                        Smithsonian Institution

                         salaries and expenses

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

                           facilities capital

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

                              legacy fund

                    (including rescission of funds)

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

                        National Gallery of Art

                         salaries and expenses

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

            repair, restoration and renovation of buildings

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

             John f. Kennedy Center for the Performing Arts

                       operations and maintenance

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

                     capital repair and restoration

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

            Woodrow Wilson International Center for Scholars

                         salaries and expenses

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

[[Page S9512]]

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts

                       grants and administration

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

                 National Endowment for the Humanities

                       grants and administration

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

                       administrative provisions

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

                        Commission of Fine Arts

                         salaries and expenses

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

               national capital arts and cultural affairs

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

               Advisory Council on Historic Preservation

                         salaries and expenses

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

                  National Capital Planning Commission

                         salaries and expenses

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

                United States Holocaust Memorial Museum

                       holocaust memorial museum

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

                             Presidio Trust

                          presidio trust fund

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

                Dwight d. Eisenhower Memorial Commission

                         salaries and expenses

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

                          capital construction

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

                                TITLE IV

                           GENERAL PROVISIONS

                   limitation on consulting services

                     (including transfers of funds)

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

                      restriction on use of funds

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

           prohibition on use of funds for personal services

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

                 disclosure of administrative expenses

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

                             giant sequoia

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

                          mining applications

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

                         contract support costs

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

[[Page S9513]]

     the Bureau of Indian Affairs, tribes and tribal organizations 
     may use their tribal priority allocations for unmet contract 
     support costs of ongoing contracts, grants, self-governance 
     compacts, or annual funding agreements.

                        forest management plans

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

                 prohibition within national monuments

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

            international firefighter cooperative agreements

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

                        contracting authorities

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

                      prohibition on use of funds

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

                         limitation on takings

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

                  hunters point environmental cleanup

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

                      extension of grazing permits

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

                   alaska native health care services

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

                        timber sale requirements

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

              colorado cooperative conservation authority

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

                national council on the arts membership

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

                      prohibition on use of funds

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

                 greenhouse gas reporting restrictions

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

                   congressionally directed spending

       Sec. 422.  Within the amounts appropriated in this Act, 
     funding shall be allocated in the

[[Page S9514]]

     amounts specified for those projects and purposes delineated 
     in the table titled ``Congressionally Directed Spending'' 
     included in the committee report accompanying this Act.
       This Act may be cited as the ``Department of the Interior, 
     Environment, and Related Agencies Appropriations Act, 2010''.

  Mrs. FEINSTEIN. Madam President, I am pleased to join my colleague, 
Senator Alexander, in presenting the fiscal year 2010 Interior and 
related agencies appropriations bill. This is the first year Senator 
Alexander and I have worked together as chairmen and ranking member of 
the Interior Appropriations Subcommittee. I am very pleased to report 
that it could not have been a better experience. We have consulted on 
several occasions and worked through several different issues. As a 
result, I think we have produced a fair, balanced, and workable bill. I 
thank him very much, and his able staff, for all their hard work and 
cooperation.
  In total, the fiscal year 2010 Interior appropriations bill provides 
$32.1 billion in nonemergency discretionary spending. That amount is 
$4.5 billion above the equivalent 2009 enacted level but $225 million 
below the President's request. I wish to stress that. This bill is $225 
million below the President's request.
  The reason is to make it consistent with the subcommittee's 302(b) 
allocation for both budget authority and outlays. Our allocation is 
substantially lower than that of the House of Representatives. 
Therefore, our bill is necessarily constrained. We cannot spend above 
our allocation. So there are going to be several items that will be 
conferenced in that regard.
  Because the committee's report, which spells out all of the funding 
details, has been publicly available for more than 2 months, I won't go 
through each and every line item. But I would like to emphasize the 
great strides we have been able to make in five critical areas: water 
and sewer infrastructure, wildfire suppression and prevention on public 
land, bolstering our public land management agencies, investment in the 
Land and Water Conservation Fund, and helping the most vulnerable in 
Indian Country.
  First, in these five key areas, the bill provides $3.6 billion for 
water and sewer infrastructure projects. I am proud of this. That is a 
significant increase over last year's level of $1.6 billion. In fact, 
this is the largest single commitment of funds that has ever been 
provided in an annual appropriations bill.
  Let me say something about this. When we look at America's 
infrastructure, I can say that I am old enough, regretfully--I guess I 
am delighted I have survived--to remember when everyone could drink 
water out of every tap anywhere in America. You can imagine what I 
thought when I saw the front of the New York Times with the young lad 
from West Virginia with fillings all over his mouth because he couldn't 
drink water properly out of the tap, when there was other evidence of 
people in that great State bathing in water that created skin lesions. 
That should not be the case in the United States. Therefore, this 
significant increase in water and sewer infrastructure is 
extraordinarily important.
  Additionally, I hope we will have report language in our bill in 
consultation with the ranking member that will instruct EPA to put much 
more regulatory authority in the area of water quality so we don't run 
into these areas. This is something I have not yet had a chance to talk 
with the ranking member about, but I do intend to do that.
  When we factor in the $6 billion included in the stimulus bill in 
February, we are providing nearly $10 billion this calendar year to 
State and local water authorities. This is a major investment in public 
infrastructure and one that, as a former mayor, I strongly support and 
am very pleased to be able, along with my ranking member, to 
accomplish.
  This money will allow State and local water authorities to begin to 
tackle 1,327 wastewater and drinking water projects all across the 
Nation. For those who may not be aware, the Environmental Protection 
Agency, which administers these grants, has estimated that over a 20-
year period communities will need to spend $660 billion--not million--
for drinking water and wastewater infrastructure repairs and 
renovations. Obviously, we can't provide that level of funding during 
these tough budgetary times. But what we were able to provide, with a 
reduced allocation, will go a long way toward helping communities 
tackle their crumbling infrastructure and provide residents with more 
reliable and cleaner water. It will also have the benefit of creating 
thousands of construction jobs to put more Americans back to work.
  Secondly, the bill provides $1.8 billion for wildland fire 
suppression activities. It is very important that we are providing that 
level of funding because that is the same amount that has been spent on 
average in each of the last 3 fiscal years. So for the first time in 
more than 10 years, we will be providing Federal firefighters the 
resources they need well before they run out of money. The fact that we 
are providing this level of funding is extremely important. By 
appropriating up front what we know is actually going to be needed 
based on prior experience, we allow the Forest Service and the Interior 
Department to break the cycle of borrowing from other accounts and then 
hoping Congress agrees to repay that money. We have been criticized for 
doing it. It is good, solid criticism. In this bill, it has been 
remedied.
  The bill also includes $107 million in grants to help State and local 
cooperators fund their own firefighting and fuels reduction efforts. 
That is a 2-percent increase over the 2009 level, and it provides $556 
million for hazardous fuels reduction projects on Federal lands 
nationwide, a 7-percent increase over last year. That is critical.
  My State is burning up, as are other States in the West. We lost 1.5 
million acres last year from fire. Hazardous mitigation of fuels 
becomes very critical.
  As important as it is to provide our Federal firefighters with the 
funds they need for suppression, it is just as important that we make 
these fuel reduction funds available so these agencies can begin to get 
in front of the problem and prevent these catastrophic wildland fires 
or at least reduce their catastrophic potential.
  The money provided in this bill will allow the Forest Service and the 
Interior Department to treat 3.5 million acres of fire-prone Federal 
lands. That is 3.5 million acres of fire-prone Federal land. This will 
reduce the risk of catastrophic wildfires such as the one being fought 
right now in southern California.
  Let me say something about that fire. The Station fire in southern 
California is still burning in the foothills of Los Angeles. The fire 
has swept through canyons that are drowning under decades' worth of 
dense vegetation. As of Tuesday, the fire has burned 160,000 acres, 
destroyed 183 homes and other buildings, and cost more than $90 million 
to fight. More than 8,000 firefighters have battled the blaze, and, 
tragically, two firefighters have lost their lives.
  The Station fire is now the largest fire in Los Angeles County 
history. It is also a reminder of how important it is to increase 
funding for fuels reduction and fire suppression. I am very proud this 
bill accomplishes both.
  Third, the bill shores up our public land management agencies by 
providing a total of $6 billion for basic operations and backlog 
maintenance of our national parks, national forests, national wildlife 
refuges, and on Bureau of Land Management land.
  For too long we have neglected these agencies and forced program cuts 
on them by underfunding the fixed costs they incur every year. In this 
bill, fixed costs are fully funded. That is important. Included in 
these funds are $2.2 billion for basic operations of our 391 national 
parks, an increase of $130 million. These funds will allow the Park 
Service to continue utilizing the 3,000 seasonal employees who have 
made a real difference in the condition and enjoyment of our parks. 
Additional maintenance personnel, additional law enforcement officers, 
and additional park rangers will all be brought back as a way of 
enhancing the visitor experience now and preparing our parks for the 
centennial in 2016.
  Our national parks are jewels throughout the United States of 
America. They cannot be allowed to grow into poor condition. They must 
be maintained, and they must be operated properly.
  Also, I wish to point out that the funding being provided in this 
bill will

[[Page S9515]]

allow the Park Service to continue the drug eradication program started 
last year. I can tell you, in California, this has become a major 
problem, with literally hundreds of thousands of acres in our national 
parks taken over by Mexican cartels that have moved into the back areas 
and set up marijuana production facilities. They are armed. They are 
dangerous. It has taken the resources of combined task forces--of 
local, Federal, and State officers--to go in and root out these areas 
and also to eradicate the planting that has been done. More than $10 
million is being made available so law enforcement personnel can work 
with other Federal and State agencies to extricate the illegal drug 
operations that are increasingly invading our national parks.
  This effort is not just limited to the Park Service. Included in the 
$1.56 billion that this bill provides for operations of the national 
forests is a new $10 million increase for the Forest Service's law 
enforcement program. These funds mean the Service will be able to hire 
up to 50 new law enforcement officers to battle the epidemic of these 
marijuana gardens on our public lands.
  The bill also contains a $5 million increase to begin cleaning up 
more than 25,000 acres of forest lands nationwide that have suffered 
environmental damage because of these drug--the word is ``gardens.'' I 
hate that word applied to these drug projects, so I will say ``drug 
projects.''
  Fourth, the bill increases the protection and conservation of 
sensitive lands by providing $419 million through the Land and Water 
Conservation Fund. Of that amount, $262 million is set aside for four 
Federal land management agencies for conservation of sensitive lands 
that provide habitat to wildlife and recreation to visitors; $55 
million is for conservation easements through the Forest Legacy 
Program; $54 million is for acquisitions associated with habitat 
conservation plans; and $35 million is for State grants through the 
Park Service's State Assistance Program.
  Finally, the bill helps some of the most vulnerable among us by 
providing a total of $6.6 billion for the Indian Health Service and the 
Bureau of Indian Affairs. That is an 11-percent increase over the 2009 
enacted level. The bill includes increases of $450 million in direct 
health care services; $81 million in K-12 and college education 
programs; and $83 million in law enforcement programs, which will allow 
for additional police officer staffing on the streets and in detention 
centers.
  With these funds, more than 10,000 additional doctor visits will take 
place that would not otherwise happen. This means additional well-baby 
care to prevent problems before they happen. It means additional 
alcohol and substance abuse treatment, which is truly a plague in 
Indian Country. It means additional public health nursing visits so 
those rural areas are not left out.
  Funding provided through the Bureau of Indian Affairs will improve 
programs and infrastructure at the Bureau's 183 schools. The $81 
million increase in education programs will allow the Bureau to 
substantially increase the number of schools that meet the Adequate 
Yearly Progress goals spelled out in No Child Left Behind. For the 
first time--and I am proud of this--nearly half of all schools will 
meet this milestone. Additional funding for law enforcement programs 
will allow the Bureau to increase staffing throughout Indian Country.
  But it is not just funding for staff that is going to make a real 
difference. The bill includes a threefold increase in funds for repair 
and rehabilitation of detention facilities. Too often, Bureau police 
officers are forced to spend useless time transporting detainees, 
sometimes hundreds of miles, to be incarcerated in adequate detention 
facilities. These funds will allow the Bureau to repair several local 
facilities so less time is spent in transit.
  All in all, I believe Senator Alexander and I have been fair and 
conscientious in crafting this bill. I urge my colleagues to let us 
move forward with this measure as soon as possible.
  I want my ranking member to know I am very proud of this bill, not 
only because it is a good bill, it is the first start we have had 
together. I look forward to more years where we can build our fire 
suppression, our care and concern for our national parks, the 
Smithsonian, all the 19 institutions it represents, the Kennedy Center, 
and all the various Departments we are concerned with in this 
appropriations bill.
  It is necessarily dull to put forward figures, but as both of us have 
learned from our prior lives, budgets and appropriations condition 
policy. So I think this is not only a good appropriations bill, but it 
is a very good policy bill for the Departments that are included within 
the bill.
  It has been a sheer delight for me to work with you, I say to Senator 
Alexander. Now I would like to defer to the Senator for any comments he 
might care to make.
  The ACTING PRESIDENT pro tempore. The Senator from Tennessee.
  Mr. ALEXANDER. Madam President, I thank the Senator from California.
  It is a joy for me to work on this legislation because, first, I care 
so much about it, as she does--this is about the great American 
outdoors, which is an essential part of our American character--and 
because of the privilege of working with Senator Feinstein. She has the 
great advantage of having been a mayor of a big city and she is capable 
of making a decision and she is results oriented, so we are able to 
work easily together. It is the way I liked to work when I was 
Governor. She is broad-gauged and cares about this country and about 
its environment and its outdoors and about not only protecting and 
conserving the outdoors but making it possible for Americans--300 
million of us--and the people who visit us to enjoy that great American 
outdoors.
  It is always a privilege to be in the Senate, but it is a special 
privilege to work on the outdoors--the great American outdoors--with 
Senator Feinstein from California.
  Last week, we celebrated the 75th anniversary of the Great Smoky 
Mountains National Park. I am not objective at all about the Great 
Smoky Mountains National Park. I grew up there, went hiking there, and 
I live 2 miles from its border. One reason I care about the trails so 
much is because I have hiked them. One reason I care about the quality 
of the air so much is because I breathe it. One reason I care about 
having enough rangers and making sure their salaries are paid is 
because I know them. So that helps in my objective.
  But there was also a reminder. It was a beautiful day up on Newfound 
Gap, right on the border of North Carolina and Tennessee. Our mountains 
in the East are not as big as the mountains in the West. They are 
older, more mature. But the largest of the mountains in the Eastern 
United States are along the North Carolina and Tennessee border, 71 
miles along the Appalachian Trail, in the Great Smoky Mountains 
National Park.
  So there we were, at about 5,500 feet, at the place where President 
Franklin Delano Roosevelt, on the same day in 1940, a few years after 
the park was formed, dedicated the Great Smokies. But among other 
things on that beautiful day--and the Secretary of the Interior was 
there, Ken Salazar. It is good for our Western Secretary to get a good 
look at the Eastern park. Dolly Parton was there. She grew up in the 
next county, so she is our special ambassador for the Great Smokies, 
and there were all the Members of the Congress who were there from the 
area.
  But when we look back 75 years, what did we see? It was 1934. So here 
we were, in the middle of the greatest depression in our country's 
history, and what were we doing? Well, in Tennessee, we had the State 
legislature appropriating $2 million to buy land from families and from 
lumber companies to create a park. In North Carolina, they did the same 
thing. That only made $4 million. Madam President, $10 million was 
needed. So they collected another million dollars from the people of 
the area.
  Schoolchildren put pennies in jars. It is a wonderful story of how 
they got up to $5 million. Then one of the early leaders of the group 
organizing the Great Smoky Mountains National Park convinced John D. 
Rockefeller, Jr.,--who, I guess, is the grandfather of our Senator 
Rockefeller--to come; and the Rockefellers gave $5 million in honor of 
Laura Spelman Rockefeller, to match the $5 million the two States and 
all the people had contributed.
  That $10 million bought the park and gave it to the country. This was 
not like almost every other park. It was

[[Page S9516]]

not just carved out of land the people already owned. It was given to 
the country in the midst of the Great Depression.
  The reason I bring up that today is because it is a reminder that 
even in difficult times we kept our priorities right. India has its Taj 
Mahal. Rome has its art. England has its history. But we have the great 
American outdoors. If, as Ken Burns has said, our national parks are 
America's best idea, we in Tennessee and North Carolina think that must 
mean the Great Smoky Mountains are the very best idea because so many 
more people visit it than visit any other park in America.
  But what those people did--whether it was the schoolchildren with the 
pennies, the Governors of the States, the legislators, the people in 
Asheville, NC, and Knoxville, TN, the civic leaders, whether it was the 
Rockefeller family--what they did also shows us the foresight of 
thinking ahead for the benefit of future generations.
  In 1934, the assistant chief ranger of this big, new park wrote a 
memo to the superintendent outlining the wildlife he found there. There 
were 100 black bears in 1934. There are 1,600 today. There were 315 
wild turkeys in 1934. The other day I saw 21 outside my window 2 miles 
from the park.
  Seventy-five years ago in the Park, there were 12 whitetail deer in 
Tennessee and only 6 in North Carolina. They are all over the place 
today. There were no peregrine falcons, no river otters, no elk. They 
are there today. Twenty-five years ago, when as Governor of Tennessee I 
spoke at the 50th anniversary of the Great Smoky Mountains National 
Park, there was no Federal law controlling acid rain, there was no 
organization called Friends of the Smokies, but both are great 
successes today. Those Federal laws were passed and Friends of the 
Smokies has contributed $30 million. So that celebration two weeks ago 
reminded us of the foresight 75 years ago. Those examples are 
everywhere in our culture today.
  I am reading Douglas Brinkley's book about Teddy Roosevelt called 
``The Wilderness Warrior.'' It is so thick, it will break your back if 
you carry it around, but it is a wonderful story of how our President, 
Teddy Roosevelt, during his relatively short term in office, had the 
foresight to make sure we have many of the wildlife refuges, the 
national parks, the national forests, and the others we enjoy today. 
This bill Senator Feinstein so ably described is the responsibility we 
have as stewards of that great tradition today, to look ahead to the 
future about preserving and protecting the great American outdoors; 
looking to the future as Teddy Roosevelt did, as the schoolchildren did 
in Tennessee, as John Muir did when Yosemite was created, as Lady Bird 
Johnson did half a century ago. As we look ahead, we should remember 
that we are custodians of that tradition.
  What should we hope for as we work on this bill and we plan ahead? My 
hope of the future is that we finish cleaning up the air, so in the 
Great Smokies, we can celebrate the gray haze about which the Cherokee 
sang instead of seeing smog. I hope we do more to use our nearly 400 
national park properties to teach about what it means to be an American 
so our children and our immigrants can know that story. I hope we can 
become better students of the remarkable environmental diversity of our 
country. Just within our Great Smoky Mountains National Park, we have 
128 species of trees, as many as they have in all of Europe. I hope we 
do a better job of creating picturesque entrances and conservation 
easements to protect the wildlife and the stunning viewscapes that are 
not only in our parks but near our parks.
  I am going to do my best--and Senator Feinstein and I have talked 
about our concern about this, and I have shared that concern with 
Secretary Salazar on many occasions, including last week when he 
visited Tennessee--I am going to make sure we pay attention to the 
perils of what some conservationists are calling energy sprawl, so that 
in our enthusiasm for renewable energy and alternative energy, which we 
need, we don't place 50-story wind turbines and acres of square miles 
of solar thermal plants in areas that damage the treasured landscapes 
we have spent a century trying to protect. It doesn't make sense to 
destroy the environment in the name of saving the environment.
  I hope we can build on the legislation, too, that Congress enacted in 
2007 when we expanded exploration for natural gas and oil in the Gulf 
of Mexico and for the first time created what I like to call a 
conservation royalty that contributes one-eighth of the revenues that 
are collected from that drilling. One-eighth of those revenues go to 
the Land and Water Conservation Fund. In this case, it goes to the 
State side portion, which is used by communities for local parks and 
local greenways. Suffice it to say, the most popular parks in America 
are not the Great Smokies and Yosemite; the most popular parks are the 
city parks and the community parks and the suburban parks, the parks 
down the street. The Land and Water Conservation Fund is the source of 
funding for many of those parks and much of that open space.
  In the 1960s, Congress, as a result of a report by the first 
Commission on American Outdoors that was chaired by Lawrence 
Rockefeller, recommended that we take some of the money we receive from 
offshore drilling and exploration and use it for the Land and Water 
Conservation Fund. We had never really done that, but it makes good 
sense. It is good stewardship. Where there is an environmental burden, 
which we sometimes have to authorize, we should pay for it with an 
environmental benefit. That is the trade between offshore exploration 
and money for land and water conservation funding to create city parks.
  One other thing. I hope we find additional ways, through increased 
private contributions as well as the kinds of Federal appropriations we 
talk about today, to support and care for the nearly 400 different 
national parks properties we have, as well as our other public lands 
and treasured landscapes and national forests and along our coastlines 
and our ridgelines in this country.
  The Senator from California gave a very thorough statement of the 
various programs in our bill. I won't repeat all of those numbers, but 
I do have a handful of observations I wish to make. Obviously, we don't 
agree on every detail. But we are not here to agree on every detail, we 
are here to see whether we can produce a result. I believe we have done 
that. In the process, I thank Senator Feinstein for addressing a number 
of the concerns I and many of our colleagues on the Republican side of 
the aisle have. She has been terrific to work with in that respect.
  As she said, this bill is $225 million below the President's budget 
request, even though it is substantially higher than last year's 
funding levels. I suppose if I were doing this all by myself, I would 
have spent less money, but that is not the way our system works. We 
each make our arguments, fight our spending battles, decide on a budget 
resolution, and we go from there. So I believe Chairman Inouye and the 
vice chairman, Thad Cochran, have allocated the funds made available to 
the Appropriations Committee by the Senate in a fair and responsible 
way.
  Similarly, with the funds we have had to work with on the Interior 
bill, Chairman Feinstein and I have made our best judgment and done our 
best to meet the many competing priorities for the varied programs 
here. She mentioned some of the good things in the bill, and I wish to 
underscore just a few.
  We have continued the Centennial Initiative started under President 
Bush by adding over $130 million to increase park operations in 
preparation for the national park centennial in 2016. This is a good 
time to think about the condition of our national parks. Many of us 
visit them, so we are familiar with their maintenance needs and their 
personnel needs.
  Some are reading the book I mentioned about Teddy Roosevelt, and 
millions more, starting September 27, will see Ken Burns' film about 
the national parks called ``The National Parks: America's Best Idea.'' 
I am confident the film will remind us of how important those parks are 
to our national character and how determined we are to make sure that 
over the next several years, as we approach the centennial, we support 
them properly. That includes the law enforcement rangers who ensure the 
safety of the public in our parks, the interpreters who explain

[[Page S9517]]

its history and America's history, and the biologists and scientists 
who teach us about the plants and animals that live there. This bill 
helps to expand and improve that experience.
  We have also provided necessary increases to pay for the rangers who 
keep visitors to all of our national forests, wildlife refuges, and 
other public lands safe; health care professionals who provide medical 
care; the Indian Health Service teachers who provide education in the 
Indian community--Senator Feinstein described that. Simply keeping pace 
with the inflationary pay costs and health benefits for park and forest 
rangers, Indian health care professionals, and other critical personnel 
required a $540 million increase in funding over the last year.
  Senator Feinstein talked about fires. It seems as though when we read 
about fires or see them on television they are all in California, and 
our hearts go out to the families who have lost their homes and, a few, 
their lives as a result of these fires.
  But the fires are not all in California. The national Forest Service 
is busy spending too much of its time on fire protection. It has an 
effective fire protection unit that is part of its job, but what we 
have been doing is paying for firefighting the way we used to pay for 
the Iraq war. We did it off budget. We did it a little later. I 
congratulate the administration and Senator Feinstein for putting into 
this budget the amount of money we think we will actually need to fight 
fires this year. We have added over $570 million compared to last year 
for firefighting and fire prevention programs. I hope that is enough. I 
hope we have made a budget that allows us to deal with that so we don't 
find ourselves coming back with supplementary appropriations and so we 
don't disrupt all of the other important programs in the Forest Service 
and in the Department of the Interior. As important as the firefighting 
function is to the U.S. Forest Service, we don't want to turn the U.S. 
Forest Service into the U.S. fire service.
  Let me make one comment about our process. One of the major 
criticisms of the appropriations process in recent years has been the 
failure of the Senate to take up each bill individually. This denies 
the Members of this body an opportunity to offer amendments and help 
shape the final bill.
  It is important to note that this is the first time in 4 years that 
the Interior bill has been brought to the floor of the Senate as a 
stand-alone measure for purposes of examination and amendment by all 
Senators. This is a tribute to Chairman Inouye and Vice Chairman 
Cochran, and I thank Senator Reid and Senator McConnell for the fact 
that we are here today and Senators should now come forward to offer 
their amendments.
  This is the sixth appropriations bill to complete Senate floor 
action. We are nearly halfway through the process. I believe all of my 
colleagues share my desire that we are able to complete all 12 
individual appropriations bills through the normal order and send them 
to the President for his signature. It is a much fairer way to operate. 
It gives those of us who are elected a chance to have our say, and it 
saves the taxpayer a lot of money by permitting the efficient operation 
of the government on an orderly, budgeted basis.
  Let me close by saying again how much I have enjoyed working with 
Senator Feinstein and how much I look forward to that privilege in the 
future.
  I thank the President, and I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from California is 
recognized.
  Mrs. FEINSTEIN. Madam President, if I may, I wish to thank the 
ranking member for those very gracious remarks. They are reciprocated 
in whole. I think his expressions about the bill are very well taken, 
and we will just proceed from there.
  I would like Senators to be fully aware that any amendment which 
proposes to increase spending in one area of the bill will need to be 
offset with a commensurate cut in another area. The bill is at its 
allocation level, and the overall effect of the bill's bottom line must 
remain neutral. Not to do so is to create a 60-vote point of order 
against the amendment. So everyone who wishes to offer an amendment 
should bear that in mind. I think both of us will fight vociferously to 
see that the financial integrity of our bill is continued.
  I very much appreciate Senator Alexander pointing out that this is 
the first time since 2005 that the full Senate has had an opportunity 
to consider this bill. Considering the landmarks, the vital aspects of 
this American government of which people are singularly proud--I mean, 
we don't hear much criticism about the Federal Government providing 
national parks or a forest service or an environmental protection 
agency. So this is a bill of which we are very proud.
  I, too, wish to encourage Senators to come to the floor now. We wish 
to pass this bill as quickly as we can. The floor should be open to 
amendments.
  With that in mind, I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Nebraska is 
recognized.


                           Amendment No. 2394

  Mr. JOHANNS. Madam President, I call up amendment No. 2394.
  The ACTING PRESIDENT pro tempore. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Nebraska [Mr. Johanns] proposes an 
     amendment numbered 2394.

  Mr. JOHANNS. Madam President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The amendment is as follows:

(Purpose: Prohibiting use of funds to fund the Association of Community 
                 Organizations for Reform Now (ACORN))

       On page 240, between lines 13 and 14, insert the following:


                      prohibition on use of funds

       Sec. 4__.  None of the funds made available under this Act 
     may be distributed to the Association of Community 
     Organizations for Reform Now (ACORN) or its subsidiaries.

  Mr. JOHANNS. Madam President, I compliment both Senators who just 
spoke, the Senator from California and the Senator from Tennessee. You 
underscore why we are so proud to live in this great country and the 
importance of these resources.
  Also, as a former Secretary of Agriculture, I know the importance of 
adequate funding for firefighting. Without it, our forests are in 
serious jeopardy. I wanted to express that.
  I rise today to talk about something that is enormously important. 
Three days ago, I was here on the Senate floor urging my colleagues to 
vote in favor of an amendment I offered to another appropriations bill, 
the Transportation and Housing Appropriations bill. The amendment had a 
very specific purpose. The purpose was to prohibit funds from going to 
the Association of Community Organizations for Reform Now, known as 
ACORN.
  I am very pleased to report that, in a true display of 
bipartisanship, 82 of my colleagues joined with me in voting in favor 
of protecting taxpayer dollars by voting for the amendment.
  This was a significant and important vote in this body for a number 
of reasons. Such a strong bipartisan vote sent a very powerful message 
that the Senate is serious about eliminating the flow of taxpayer funds 
to an organization that can best be described as being in an absolute 
free fall when it comes to allegations of illegal activity--illegal 
activity that, in many respects, is funded with taxpayer dollars. 
Senators came to this floor a couple of days ago and they threw aside 
partisan loyalty in favor of prohibiting funds to an organization 
besieged by allegations of fraud and corruption and employee 
wrongdoing.
  Bottom line: My colleagues--I am so proud of them--answered the call 
to defend taxpayers against waste, fraud, and abuse. But because of the 
limitations of that amendment, our job simply is not complete. Of 
course, in order to comply with the germaneness rules, we could only do 
so much with that amendment. Therefore, I come here again today to 
offer the same amendment to this bill.
  The amendment to the T-HUD bill was a first step. The overwhelming 
vote on Monday stopped the flow of funds for transportation or housing 
funding that would otherwise go to ACORN.
  At least in terms of Senate action, there is more process left there. 
Unfortunately, ACORN is still eligible to receive Federal dollars from 
innumerable sources in the Federal budget. That is

[[Page S9518]]

why I am here today to offer the identical amendment to the Interior 
Appropriations bill and to call on my colleagues again to stand up for 
the American taxpayers.
  There is unbelievable evidence that ACORN or its estimated 360-plus 
affiliates could be eligible for Department of Interior funding. The 
following words appear in the text of this bill 193 times: contracts, 
grants, nonprofits, and cooperative agreements.
  There are so many ways ACORN can receive funds from the Interior 
bill. For example, ACORN's subsidiaries openly publicize their advocacy 
for environmental causes.
  ACORN groups are heavily involved in community redevelopment, and so 
is the Department of the Interior. The links are obvious. They are 
undeniable.
  In fact, on page 66 of the bill, you can--just to pull out specific 
language there included for the Great Lakes restoration project that 
would give money to nonprofits for ``planning, monitoring, and 
implementing.''
  This is a project that President Obama has appointed a specific 
person to oversee. Do any of us have a certainty that ACORN won't 
receive any of that money? I certainly don't.
  ACORN is able to tap into taxpayer moneys from so many other ways 
besides competitive grants. They or their web of affiliates are able to 
work out memoranda of understanding, cooperative agreements, and even 
subcontracts with the Federal Government.
  Additionally, States that receive grants from the Federal Government 
can funnel money to ACORN affiliates, and there is very little 
oversight. My amendment will stop that. It will stop the money--the 
taxpayer dollars--being directed to this group.
  The question before us today is whether my colleagues will again come 
to the floor and say this activity is wrong, it is damning. We need to 
stand and say that no money will go to a group engaged in this 
activity.
  Last night, I was watching a news program, and yet another videotape 
surfaced of ACORN employee activity. It was shocking. This videotape 
displayed someone saying to an ACORN employee that they intended to 
bring underage minors into this country from other countries for the 
purpose of engaging in prostitution. There was active involvement by 
the ACORN employee in how this might happen, even to the extent of 
describing the contacts that this person had.
  I want to say that we cannot relent, just because some taxpayer money 
was safeguarded, until a full government investigation is launched and 
completed, and if it turns out with no problem, so be it, but we cannot 
rest until that is done and we are assured and we can assure our 
citizens back home that no taxpayer money is being used in this 
organization.
  It doesn't make sense to just stop with the Transportation and 
Housing Appropriations bill. We need to stand up and prohibit all 
sources of Federal funding and any possibility of Federal funding going 
to ACORN.
  I will wrap up with a statement of deep respect for what my 
colleagues did on Monday. I believe it was the right thing to do. It 
was the right thing to step in here to the floor and cast a vote and 
say: Enough is enough, it stops here, it stops today.
  We need to do everything we can to assure our taxpayers that there is 
no possibility somebody can access this funding from ACORN. My hope is 
we will come together as we did Monday and that we will do the right 
thing.
  With that, I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from California is 
recognized.
  Mrs. FEINSTEIN. Madam President, I will respond to the Senator from 
Nebraska. My belief is that we had an amendment yesterday that was 
passed overwhelmingly by this body, prohibiting the use of Federal 
funds for ACORN, period. The staff has been researching this bill. We 
do not believe there are any Federal funds in this bill. I believe if 
there were a rollcall vote, it would come out essentially the same as 
it did yesterday.
  So I say to the distinguished Senator, both the ranking member and I 
would be prepared to take this amendment by unanimous consent.
  Mr. JOHANNS. Madam President, this is such an important issue. This 
is an issue that people all across the country are watching on the 
Senate floor. Therefore, I feel very strongly that if there were ever 
an opportunity for Senators to come to the floor and cast a vote in a 
rollcall fashion, this is one to make a very strong statement again 
about ACORN not receiving this funding.
  I appreciate the offer of the Senator from California, but I must 
insist, because of the nature of what we are dealing with--the claims 
of alleged wrongdoing, the history of wrongdoing with employees from 
this organization, the videotapes, the potential to access the 
funding--that we need a rollcall vote on this issue.
  Mrs. FEINSTEIN. If I may, through the Chair to the Senator, to the 
best of our knowledge, there is no funding in this bill for ACORN. The 
staff is looking and has found no funding in the bill for ACORN. 
Therefore, there is a redundancy, and this will have to be done on 
every single appropriations bill, which doesn't seem to me to make very 
good sense. I think an 80-plus vote yesterday is a very substantial 
vote. I think everybody who is interested has access to know--we are 
trying very hard--and I hope the Senator will not be upset by what I am 
saying, but we are trying to move our bill, and we will take the 
Senator's amendment so that the amendment--if there is any funding, it 
still cannot be used, even without this amendment. So the Senator is 
covered.

  Mr. JOHANNS. Madam President, speaking to my colleague from 
California, let me say that I appreciate the Senator's offer of 
accepting this by unanimous consent. I appreciate the Senator's claim 
that she believes there is no way they can access funding. But I will 
tell you that I have operated a Federal Department myself--a very large 
department--where we administered millions and billions of dollars of 
grants and loans, et cetera. Once that appropriations bill is passed, 
the Senator knows and I know that unless there is some real trouble, we 
are free at the departmental level to pretty much administer the money. 
So there cannot be a guarantee that they won't get money out of this 
program.
  The second thing I will offer here is this: This is not one of those 
issues that just comes along. This involves an organization that has 
had a history of very serious problems. I could not feel more strongly 
that the American people want us to come to the floor and cast a vote 
on this issue.
  The final thing I want to say is this: I feel this is an important 
issue. There is a way to solve this problem so that I don't have to 
come down on every appropriations bill. We will be introducing a bill 
today--and we have reached out in a very bipartisan way to Democrats 
and Republicans, asking for people to join in this bill--that says 
simply that across the entire Federal Government no money for ACORN. My 
hope is we can pass that bill expeditiously and we can get that into 
effect.
  I would like nothing more than to avoid having to come down here on 
each and every appropriations bill. Again, I appreciate the offer, but 
this is an important vote to constituents all across the United States. 
I think we owe it to them to show how we are going to vote on this 
issue.
  Mrs. FEINSTEIN. Madam President, I wish to signal to all Members that 
the floor is open. Amendments will be received to this bill. I say to 
my colleagues, if you have an amendment to the Interior Appropriations 
bill, please come to the floor.


                           Order of procedure

  Madam President, I ask unanimous consent that the September 16 order 
with respect to H.R. 3288 be modified to provide that the Senate resume 
consideration of the bill at 2:30 p.m., with the remaining provisions 
still in effect. That is the housing and transportation bill. Further, 
as in executive session, I ask unanimous consent that at 12:30 p.m. 
today, the Senate proceed to executive session to consider the 
nomination of Gerard E. Lynch to be a U.S. Circuit Court judge for the 
Second Circuit; that there be 2 hours of debate with respect to the 
nomination, with the time equally divided and controlled by Senators 
Leahy and Sessions or their designees; that upon the use or yielding 
back of time, the nomination be set aside to recur upon passage of H.R. 
3288; that prior to the vote on confirmation of the nomination and the 
Senate resuming executive session,

[[Page S9519]]

there be 2 minutes of debate equally divided and controlled; that upon 
confirmation, the motion to reconsider the vote be considered made and 
laid upon the table; that no further motions be in order; that the 
President be immediately notified of the Senate's action; and that the 
Senate then resume legislative session.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mrs. FEINSTEIN. Madam President, I ask unanimous consent that the 
vote in relation to the Johanns amendment No. 2394 occur upon 
disposition of the nomination of Gerard Lynch and that no amendment be 
in order to the amendment prior to the vote, with 2 minutes of debate 
equally divided prior to the vote.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mrs. FEINSTEIN. Madam President, I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. DORGAN. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. DORGAN. Madam President, I have just checked with the manager of 
the bill, Senator Feinstein, and asked to speak for 5 minutes in 
morning business.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.


                 Remembering Senator Edward M. Kennedy

  Mr. DORGAN. Madam President, the other day when our colleagues were 
talking about our departed colleague, Senator Ted Kennedy, I was not 
able to be on the Senate floor, and I did want to say just a few words 
about my friend Ted Kennedy.
  I had the pleasure of serving in this Chamber with him for 16 years. 
He sat back at that desk in the row behind me, and I had many 
opportunities to spend time and swap stories and talk about public 
policy with him. I knew him before I came to the Senate. As a very 
young man, I worked on his brother Robert Kennedy's campaign for the 
Presidency, and I met Ted Kennedy then. And, I supported Ted Kennedy in 
his 1980 Presidential campaign and met him then.
  When I came to the Senate, from time to time I was invited to go to 
Hyannis Port to the Kennedy compound and visited there with Senator 
Kennedy and his family and went sailing with him. To sail with Senator 
Ted Kennedy was an extraordinary experience. He was a wonderful sailor.
  Many things have been said and written about Ted Kennedy over the 
years, and especially in recent weeks since his death. I don't need to 
repeat his many accomplishments here in the Senate; my colleagues have 
done a great job doing that. Those accomplishments spanned 47 years and 
would take far too long and too much time to detail, and many have done 
it, as I said.
  I will not repeat his love of all things Irish. Everyone understood 
that. He was a great Irish storyteller. No prouder Irishman in the 
world, I daresay, than Ted Kennedy.
  I don't need to tell of his many acts of thoughtfulness and kindness, 
large and small, for the powerful and the powerless. They are well-
known already as well and, already, much missed.
  Many have talked about his wit and his love of storytelling and a 
good joke. That, too, was Ted Kennedy. Laughing and making people laugh 
was part of the hallmark of his character. Often when I think of him I 
think of a booming laughter that filled the entire room when he was 
full of joy.
  I need not talk about his doggedness or his tireless work ethic or 
his determination, for they, too, were well-known to all of us who 
worked with him. Those were the pillars upon which he built success 
after success, often small, but then building and building, step by 
step, until it was consequential and often big.
  Those were also the pillars on which he built decades of 
relationships. I think those relationships were the keys to 
understanding the man with whom we served--Ted Kennedy.
  It didn't matter whether you were a Republican or a Democrat or an 
Independent. It didn't matter if you were a businessman or a janitor, 
young or old, White or Black, rich or poor, powerful or powerless. Ted 
Kennedy wanted to work with you to try to reach a compromise and see 
what could be achieved together. He just never, ever stopped; never 
gave up.
  The great American essayist and author, Ralph Waldo Emerson, once 
said:

       The characteristic of heroism is in its persistency. All 
     men have wandering impulses, fits and starts of generosity. 
     But when you have chosen your part, abide by it, and do not 
     weakly try to reconcile yourself with the world.

  No one I know in this Chamber was more persistent than Ted Kennedy. 
He chose his part; he abided by it; he didn't try to reconcile his 
principles to the moment or to the world; and, he fought and fought for 
what he believed in and what he thought was right. Sometimes it was 
very controversial, but he was persistent and fought long and hard 
until the end.
  Even when he was sick and tired and worn out he fought on because he 
loved his country and he knew his colleagues and others loved this 
country as much as he did. He knew there was always that common ground, 
love of country, and he knew that people of good faith, regardless of 
party and regardless of position, could achieve great things for the 
country they all loved.
  When he was done, he had cast more than 15,000 votes, more than 300 
laws bear the name of Senator Ted Kennedy, and he cosponsored more than 
2,000 others. That doesn't include the thousands of laws he merely 
influenced. Much of that work was done on the Senate floor. It was his 
life's work.
  If the Senate was his home, this Senate floor surely was his front 
porch, where he would let everyone know what was on his mind. When 
Senator Ted Kennedy, at that desk, was on the Senate floor, you may not 
have agreed with him, you might not have even cared about the subject 
before he began to speak, but you had to listen, you had to respond, 
and you had to take sides.
  He was called the lion of the Senate by many. When he was on the 
floor roaring, it was quite a sight and sound to behold, a sound that 
moved hearts. It moved minds. It moved this very institution and, 
indeed, the country itself. He could be quietly persuasive, but on the 
Senate floor his passion literally poured out of him.
  It was said long ago of Daniel Webster, another famous Senator from 
Massachusetts, that he was ``a great cannon loaded to the lips.'' Well, 
Senator Kennedy was a great cannon loaded to the lips, and this 
institution will long miss that passion, those words, his spirit, his 
love of life, and his love of this institution and our country.
  There is an old saying that all men die, but not all men live. Well, 
surely Ted Kennedy lived. Senator Ted Kennedy lives in our hearts and 
in his good works and in his life's work, and I just wanted today to 
join my colleagues in saying: Ted, Godspeed, rest in peace, and all 
Members of this Senate miss you dearly.
  Madam President, I yield the floor, and I suggest the absence of a 
quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mrs. FEINSTEIN. Madam President, I ask unanimous consent that the 
order for the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mrs. FEINSTEIN. Madam President, I note that no colleagues are on the 
Senate floor. The floor is open for amendments, and I would like to 
urge our colleagues on both sides of the aisle, if you have an 
amendment, please bring it to the floor.
  I thank the Chair. I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. DORGAN. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. DORGAN. Madam President, we are on another spending bill, one of 
the spending bills we must address during

[[Page S9520]]

this Congress. I compliment Senator Feinstein and Senator Alexander for 
their work on this very important bill.
  I also want to comment on something that was in the news today, 
stemming from a comment I made yesterday about some spending issues. I 
will do it very briefly.
  This deals with the issue of the economic recovery or the stimulus 
package. I voted for that. I didn't vote for the TARP funds, $700 
billion for the financial bailout last fall. But I did vote for the 
economic recovery or the stimulus program early this year because I 
believed it was necessary to give the economy a boost.
  Frankly, I think this economy is showing signs of beginning to 
recover, and that is going to be good for all Americans. There are a 
lot of important investments being made in this economic recovery 
program, investments in building and repairing roads and bridges and 
many other investments in infrastructure around this country that at 
the end of the day will both put people to work and result in important 
assets for this country.
  Yesterday, I made a point about one particular project that is being 
funded with stimulus funds, and I want to make sure everyone 
understands the point I made. Part of some stimulus funds were 
dedicated to the northern border ports of entry, smaller ports of entry 
between the United States and Canada. The specifications for these 
ports of entry were developed in 2002 and 2006, under the previous 
administration, by the Department of Homeland Security. So when money 
began to be allowed under the stimulus program to invest in the 
northern border ports of entry, the specifications created by the 
previous administration were going to drive how much was spent.
  As I looked into it, I realized that these requirements were 
completely out of balance. The requirements would create a common 
footprint at small ports of entry and require the expenditure of, on 
average, $15 million for a small port of entry in circumstances where, 
on average, only five vehicles an hour were coming through the port of 
entry. I believed that was excessive.
  That was not Secretary Napolitano's call. That was not something she 
did. That comes from the requirements from that agency that were 
developed in 2002 and 2006. So I asked Secretary Napolitano to take a 
look at that, and suspend the projects pending a review, and she 
immediately said, yesterday, let's review that, let's do a 30-day 
review.
  First of all, I want to say thanks to the Secretary. I think that is 
exactly the right action. I didn't know these were the set of 
requirements that were going to drive that kind of funding. But, 
frankly, waste is waste.
  Of the 22 northern border ports of entry that are slated to be 
demolished and rebuilt, 9 of them are in my State. Much of this money 
would be spent in my State. But I do not think that much of this 
spending is justified because I believe those requirements must change.
  I agree that we should ensure that small port of entry have adequate 
security. I will support investment to upgrade those facilities where 
it is really necessary to do so. But I do not believe it is 
appropriate, nor do I believe Secretary Napolitano nor my colleagues 
here in the Congress believe it will be appropriate upon review, to 
spend $15 million on average at ports of entry where you have five 
vehicles an hour coming through the port. That is way out of balance. 
It makes no sense to me.
  My comments were portrayed in some press accounts as some sort of 
criticism of the Congress for passing stimulus legislation aimed at 
economic recovery. It is not a criticism of that. A lot of that 
stimulus spending is necessary and is lifting the economy and creating 
an asset and people in jobs or putting people back to work. I think 
that makes sense. But it also makes a lot of sense for all of us to 
very carefully scrutinize how this is done, where it is done, whether 
it is a good investment, and whether it is fair to the taxpayers.
  I will say again, I appreciate the fact that the Secretary is doing 
this review. I give her credit for doing that. My hope is that at the 
end of the review, she will conclude, as I do, that we cannot spend 
money that way. Those requirements that were created in 2002 or 2006 
were excessive. You can have adequate security at these small ports 
that have five vehicles coming through per hour, without spending $15 
million to demolish and rebuild each of these facilities. It is simply 
too much money.
  I understand that perhaps some people in my State will be a little 
upset if they stood to gain from nine of those ports being upgraded. I 
am all for making investments that are the right kinds of investments, 
to upgrade ports at the northern border. But I do not believe we ought 
to waste money, and I think that is what would happen with the 
requirements that were created in 2002 and 2006.
  Let me make one final point. I can understand, perhaps, why someone 
might be tempted to create extraordinary requirements. In 2002, we were 
in the shadow of the terrorist attacks of 2001. I understand how that 
might have made somebody create a set of requirements that now seem to 
be way out of whack.
  The fact is that we need to have a secure Northern border, but we 
also have to use common sense. If in 2002 and 2006 there were design 
specifications drawn up that today would cost $15 million per port of 
entry, at facilities that receive only a few vehicles per day, I say 
this needs to be carefully reviewed. Let's now review those judgments 
and make sure that we are truly increasing border security, and that we 
are not wasting the taxpayers' money.
  I wanted to reiterate that my statements yesterday were not a general 
comment on the Economic Recovery Act. A lot of good, important 
investments are being made that create jobs and create real assets for 
this country. But I think all of us should be vigilant and look at 
situations such as this and where change is necessary, to require and 
make those changes. In this case, I believe the right kind of change 
could save a couple of hundred million dollars, and I think that is 
important. Even if that saving and less spending comes in my State, I 
believe that is important.
  Years and years ago, a Federal courthouse was to be built in my 
State. I believed the amount of money that was proposed to build it was 
twice as much as was necessary, and here in Congress I cut the money in 
half. In the end, they built a perfectly good courthouse for slightly 
less than half of the funds that had been originally proposed. I think 
all of us have stewardship requirements to the taxpayer, and that is 
why I wanted to amplify on what I talked about yesterday.
  I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER (Mr. Udall of New Mexico). The clerk will call 
the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. LEAHY. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LEAHY. Mr. President, what is the parliamentary situation?
  The PRESIDING OFFICER. The Senate is considering H.R. 2996, Interior 
Department appropriations.
  Mr. LEAHY. Am I correct that at 12:30 we will go to the nomination of 
Judge Gerard Lynch to the U.S. Court of Appeals for the Second Circuit?
  The PRESIDING OFFICER. The Senator is correct.
  Mr. LEAHY. Mr. President, prior to going to that, I ask unanimous 
consent that I be able to speak as in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                       TRIBUTE TO HAROLD HOWRIGAN

  Mr. LEAHY. Mr. President, I rise today to remember one of Vermont's 
greatest citizens, dairy farmer, and American, my good friend, Harold 
Howrigan.
  Harold passed away at the age of 85 at his home in Fairfield, VT, on 
September 7, 2009. He was surrounded by his loving family, long and 
extended and wonderful family.
  Harold was a family man. This large extended family included his wife 
of 56 years, Ann, and three sons and two daughters, 12 grandchildren. 
He had an optimist's outlook on life. He had a knack for storytelling 
that cast a spell over everyone in his presence.
  Many of his stories were about growing up in a family with nine other 
siblings, reared by William and Margaret

[[Page S9521]]

Howrigan on their hillside farm in Vermont. I can think of more than 
one occasion when Marcelle and I would be there. We would be listening 
to one of these stories, and I knew that we might be late for the next 
thing, but I didn't want it to end. I wanted to hear what else he had 
to say.
  Harold was a man who seemed to accomplish more each year than most of 
us do in a lifetime. He built his Fairfield, VT farm to over 1,000 
acres, including the land that had been worked by his family since the 
mid 1800s.
  It is now tended by the next generation of Howrigans. I remember him 
as a dynamic man, as genuinely comfortable in his public duties as he 
was in the dairy parlor or out splitting wood. In addition to running 
the farm and tending to the family he loved so much, he accepted 
leadership roles in dozens of civic and agricultural organizations from 
local to national in scope. He moderated the Fairfield town meeting 
right up to this year. The town meeting is a sacred institution in 
Vermont. A town wants to make sure they have the very best and the 
fairest and the most knowledgeable to be their moderator. It also helps 
when you have somebody with an Irish sense of humor. This is a position 
of distinction in any Vermont town.
  He was director of the St. Alban's Cooperative Creamery for 25 years 
and president for another 20. He was appointed by three Governors, both 
parties, to the Vermont Milk Commission. He was also a local and 
national leader among maple sugar makers. He served on University of 
Vermont advisory boards and on county commissions. All the while he 
tended the fire in the Fairfield sugar house each year and he got the 
cows milked each day and sang for 60 years on the choir at church. The 
church, of course, is named, as you would expect in a town full of 
Irish immigrants and descendants, St. Patrick's.
  Nationally, he was a director of the National Milk Producers 
Federation for 20 years and chairman of the National Dairy Board. In 
addition to his work on dairy, he was a local and national leader for 
the maple industry, a prolific sugar maker. I know Marcelle and I and 
our children, when we were having something at the farm that called for 
maple syrup--and in our family, that is just about anything from 
English muffins to pancakes--everybody's eyes would light up if we knew 
it was Howrigan syrup.
  Notwithstanding his prodigious service to his community, his 
profession and his country, his greatest impact was probably felt 
through his personal relationships with his family and what he 
considered, I think, all of Vermont, his extended family. As a friend, 
he was a trusted adviser on agricultural issues over several decades. I 
know Senator Jeffords also valued his friendship and advice and 
Governors consulted him regularly. But as dad and grandpa to a large, 
active family, he cultivated two new generations of Vermont dairy 
farmers and maple sugar makers.
  We could talk about all the different things he did, but it still 
does not give a picture of the man. He was known for a deep and 
spirited Irish pride, a sentiment I obviously share. I find myself 
comparing that other great Irish American and dear friend, Teddy 
Kennedy, whose recent loss I also mourn. But I also treasure the trip 
my wife Marcelle and I took with Harold to Ireland. There he felt he 
was truly in the Promised Land. We would walk about the streets of 
Dublin or small towns nearby. He was so proud of his family's Irish 
heritage, he never stopped smiling throughout his visit.
  The day of his funeral, last week, Marcelle wore an Irish pin we 
purchased with him in Ireland. I, of course, wore a green tie in his 
honor. I watched his grandsons wearing some of the Irish ties Harold 
had owned. I listened to his son and daughter and grandchildren talk 
about him, capturing him in his stories and his nature. I think about 
the very last conversation I had with him just weeks before he died. In 
all these things, he never asked for anything for himself. He always 
asked me to watch out for other people. He led by quiet example and 
hard work and kindness and love.
  I, along with the State of Vermont and many across the United States 
and across the Atlantic, will miss Harold. He was a dear friend, truly 
a great American. Similar to all Vermonters, I express my sympathy to 
his family and I say: Goodbye, Harold, my dear friend.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. LEAHY. I ask unanimous consent that the order for the quorum call 
be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________