[Congressional Record Volume 155, Number 137 (Friday, September 25, 2009)]
[Senate]
[Pages S9873-S9889]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




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

  On Thursday, September 24, 2009, the Senate passed H.R. 2996, as 
amended, as follows:

                               H.R. 2996

         Resolved, That the bill from the House of Representatives 
     (H.R. 2996) entitled ``An Act making appropriations for the 
     Department of the Interior, environment, and related agencies 
     for the fiscal year ending September 30, 2010, and for other 
     purposes.'', do pass with the following amendment:
       Strike out all after the enacting clause and insert:
     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: 
     Provided, That, notwithstanding the joint explanatory 
     statement of the Committee on Appropriations of the House of 
     Representatives accompanying Public Law 111-8 (123 Stat. 
     524), the amount of $2,000,000 made available for the Henry's 
     Lake ACEC in the State of Idaho (as described in the table 
     entitled ``Congressionally Designated Spending'' contained in 
     section 430 of that joint explanatory statement) shall be 
     made available for the Upper Snake/South Fork River ACEC/SRMA 
     in the State of Idaho.

                   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

[[Page S9874]]

     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.

                              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) of 
     which $200,000 may be made available by the Secretary of the 
     Interior to develop, in conjunction with Morehouse College, a 
     program to catalogue, preserve, provide public access to and 
     research on, develop curriculum and courses based on, provide 
     public access to, and conduct scholarly forums on the 
     important works and papers of Dr. Martin Luther King, Jr. to 
     provide a better understanding of the message and teachings 
     of Dr. Martin Luther King, Jr.

                              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

[[Page S9875]]

     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.
       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,

[[Page S9876]]

     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 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

[[Page S9877]]

     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 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, and of which 
     $1,500,000 shall be available for the estate planning 
     assistance program under section 207(f) of the Indian Land 
     Consolidation Act (25 U.S.C. 2206(f)): 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, $904,637,000, 
     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

[[Page S9878]]

     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 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

[[Page S9879]]

     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.

                          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 and Removal of Property in 
     Heritage Area.--
       ``(1) Private property inclusion.--No privately owned 
     property shall be included in the Heritage Area unless the 
     owner of the private property provides to the management 
     entity a written request for the inclusion.
       ``(2) Property removal.--
       ``(A) Private property.--At the request of an owner of 
     private property included in the Heritage Area pursuant to 
     paragraph (1), the private property shall be immediately 
     withdrawn from the Heritage Area if the owner of the property 
     provides to the management entity a written notice requesting 
     removal.
       ``(B) Public property.--On written notice from the 
     appropriate State or local government entity, public property 
     included in the Heritage Area shall be immediately withdrawn 
     from the Heritage Area.''.

              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 Word 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

[[Page S9880]]

     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.  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, notwithstanding any other provision of 
     law, the Secretary of the Interior is authorized to issue a 
     special use permit with the same terms and conditions as the 
     existing authorization, except as provided herein, for a 
     period of 10 years from November 30, 2012: Provided, 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. The 
     Secretary shall take into consideration recommendations of 
     the National Academy of Sciences Report pertaining to 
     shellfish mariculture in Point Reyes National Seashore before 
     modifying any terms and conditions of the extended 
     authorization.

                         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 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.


       prohibition on use of funds to impede operational control

       Sec. 123. None of the funds made available by this Act may 
     be used to impede, prohibit, or restrict activities of the 
     Secretary of Homeland Security on public lands to achieve 
     operational control (as defined in section 2(b) of the Secure 
     Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367) 
     over the international land and maritime borders of the 
     United States.
       Sec. 124.  Any owner of private property within an existing 
     or new National Heritage Area may opt out of participating in 
     any plan, project, program, or activity conducted within the 
     National Heritage Area if the property owner provides written 
     notice to the local coordinating entity.

                                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: Provided, 
     That, at the discretion of the Administrator of the 
     Environmental Protection Agency, from the funds included 
     under this heading, $500,000 may be made available for 
     preliminary planning and design of a high-performance green 
     building to consolidate the multiple offices and research 
     facilities of the Environmental Protection Agency in Las 
     Vegas, Nevada.

                     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;

[[Page S9881]]

     $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 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: Provided 
     further, That, notwithstanding House Report 107-272, the 
     amount of $1,000,000 made available to the Southeast Alabama 
     Regional Water Authority for a water facility project and the 
     amount of $2,500,000 made available to the Alabama Regional 
     Water Authority for the Southwest Alabama Rural/Municipal 
     Water System may, at the discretion of the Administrator, be 
     made available to the city of Thomasville for those projects: 
     Provided further, That, notwithstanding House Report 108-10, 
     the amount of $450,000 made available to the Southwest 
     Alabama Regional Water Authority for water infrastructure 
     improvements may, at the discretion of the Administrator, be 
     made available to the city of Thomasville for that project: 
     Provided further, That, notwithstanding House Report 108-401, 
     the amount of $450,000 made available to the Southwest 
     Alabama Regional Water supply District for regional water 
     supply distribution in Thomasville, Alabama, may, at the 
     discretion of the Administrator, be made available to the 
     city of Thomasville for that project: Provided further, That, 
     notwithstanding House Report 108-401, the amount of 
     $2,000,000 made available to the Tom Bevill Reservoir 
     Management Area Authority for construction of a drinking 
     water reservoir in Fayette County, Alabama, may, at the 
     discretion of the Administrator, be made available to Fayette 
     County, Alabama, for water system upgrades: Provided further, 
     That, notwithstanding the joint explanatory statement of the 
     Committee on Appropriations of the House of Representatives 
     accompanying Public Law 111-8 (123 Stat. 524), the amount of 
     $500,000 made available to the San Bernardino Municipal Water 
     District for the Inland Empire alternative water supply 
     project (as described in the table entitled ``Congressionally 
     Designated Spending'' contained in section 430 of that joint 
     explanatory statement) may, at the discretion of the 
     Administrator, be made available to the city of San 
     Bernardino municipal water department for that project: 
     Provided further, That, notwithstanding the joint explanatory 
     statement of the Committee on Appropriations of the House of 
     Representatives accompanying the Consolidated Appropriations 
     Act, 2008 (Public Law 110-161; 121 Stat. 1844), from funds 
     made available by that Act for the State and Tribal 
     Assistance Grants program, $170,800 may, at the discretion of 
     the Administrator, be made available to the city of Prescott 
     for a wastewater treatment plant construction project and 
     $129,200 may, at the discretion of the Administrator, be made 
     available to the city of Wichita for a storm water technology 
     pilot project: Provided further, That, notwithstanding the 
     joint explanatory statement of the Committee on 
     Appropriations of the House of Representatives accompanying 
     the Omnibus Appropriations Act, 2009 (Public Law 111-8; 123 
     Stat. 524), the amount of $185,000 made available to the city 
     of Manhattan for the sewer mainline extension project (as 
     described in the table entitled ``Congressionally Designated 
     Spending'' contained in section 430 of that joint explanatory 
     statement) may, at the discretion of the Administrator, be 
     made available to the city of Manhattan for a water mainline 
     extension project: Provided further, That, notwithstanding 
     the joint explanatory statement of the Committee on 
     Appropriations of the House of Representatives accompanying 
     the Omnibus Appropriations Act, 2009 (Public Law 111-8; 123 
     Stat. 524), the amount of $290,000 made available to the 
     Riley County Board of Commissioners for the Konza Sewer Main 
     Extension project (as described in the table entitled 
     ``Congressionally Designated Spending'' contained in section 
     430 of that joint explanatory statement) may, at the 
     discretion of the Administrator, be made available to the 
     city of Manhattan for the Konza Water Main Extension project: 
     Provided further,  That, notwithstanding the joint 
     explanatory statement of the Committee on Appropriations of 
     the House of Representatives accompanying Public Law 111-8 
     (123 Stat. 524), the amount of $1,300,000 made available to 
     the City of Warrensburg, Missouri for a drinking water and 
     wastewater infrastructure project (as described in the table 
     entitled ``Congressionally Designated Spending'' contained in 
     section 430 of that joint explanatory statement) may, at the 
     discretion of the Administrator, be made available to Johnson 
     County, Missouri for that project: Provided further, That, 
     notwithstanding the joint explanatory statement of the 
     Committee on Appropriations of the House of Representatives 
     accompanying Public Law 111-8 (123 Stat. 524), the amount of 
     $1,000,000 made available to the City of Gravois Mills for 
     wastewater infrastructure (as described in the table entitled 
     ``Congressionally Designated Spending'' contained in section 
     430 of that joint explanatory statement) may, at the 
     discretion of the Administrator, be made available to the 
     Gravois Arm Sewer District for that project: Provided 
     further, That, notwithstanding the joint explanatory 
     statement of the Committee on Appropriations of the House of 
     Representatives accompanying Public Law 111-8 (123 Stat. 
     524), the amount of $500,000 made available to McDonald 
     County, Missouri for a wastewater infrastructure expansion 
     project (as described in the table entitled ``Congressionally 
     Designated Spending'' contained in section 430 of that joint 
     explanatory statement) may, at the discretion of the 
     Administrator, be made available to PWSD #1 of McDonald 
     County, Missouri for that project: Provided further, That, 
     notwithstanding the joint explanatory statement of the 
     Committee on Appropriations of the House of Representatives 
     accompanying Public Law 110-161 (121 Stat. 1844), the amount 
     of $150,000 made available to the City of Hayti, Pemiscot 
     Consolidated Public Water Supply District 1 for a Water 
     Storage Tank (as described in the section entitled ``STAG 
     Infrastructure Grants/Congressional Priorities'' on page 1264 
     of the joint explanatory statement) may, at the discretion of 
     the Administrator, be made available to Pemiscot Consolidated 
     Public Water Supply District 1 for a drinking water source 
     protection infrastructure project: Provided further, That, 
     notwithstanding the joint explanatory statement of the 
     Committee on Appropriations of the House of Representatives 
     accompanying Public Law 111-8 (123 Stat. 524), the amount of 
     $400,000 made available to the City of Lake Norden, South 
     Dakota, for wastewater infrastructure improvements (as 
     described in the table entitled ``Congressionally Designated 
     Spending'' contained in section 430 of that joint explanatory 
     statement) may, at the discretion of the Administrator, be 
     made available to the City of Lake Norden, South Dakota, for 
     drinking water infrastructure 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

[[Page S9882]]

     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.

          General Provisions, Environmental Protection Agency


                              black carbon

       Sec. 201.  (a) Not later than 18 months after the date of 
     enactment of this Act, the Administrator, in consultation 
     with other Federal agencies, may carry out and submit to 
     Congress the results of a study to define black carbon, 
     assess the impacts of black carbon on global and regional 
     climate, and identify the most cost-effective ways to reduce 
     black carbon emissions--
       (1) to improve global and domestic public health; and
       (2) to mitigate the climate impacts of black carbon.
       (b) In carrying out the study, the Administrator shall--
       (1) identify global and domestic black carbon sources, the 
     quantities of emissions from those sources, and cost-
     effective mitigation technologies and strategies;
       (2) evaluate the public health, climate, and economic 
     impacts of black carbon;
       (3) identify current and practicable future opportunities 
     to provide financial, technical, and related assistance to 
     reduce domestic and international black carbon emissions; and
       (4) identify opportunities for future research and 
     development to reduce black carbon emissions and protect 
     public health in the United States and internationally.
       (c) Of the amounts made available under this title under 
     the heading ``Environmental Programs and Management'' for 
     operations and administration, up to $2,000,000 shall be--
       (1) transferred to the account used to fund the Office of 
     Air Quality Planning and Standards of the Environmental 
     Protection Agency; and
       (2) used by the Administrator to carry out this section.

                               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, $1,552,429,000, 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)) and of which $2,000,000 may be made 
     available to the Pest and Disease Revolving Loan Fund 
     established by section 10205(b) of the Food, Conservation, 
     and Energy Act of 2008 (16 U.S.C. 2104a(b)): 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: 
     Provided further, That $282,617,000 shall be made available 
     for recreation, heritage, and wilderness.

                  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, 
     $1,817,637,000, 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 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,

[[Page S9883]]

     $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, $340,285,000 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.

            collaborative forest landscape restoration fund

       For expenses authorized by section 4003(f) of the Omnibus 
     Public Land Management Act of 2009 (16 U.S.C. 7303(f)), 
     $10,000,000, to remain available until expended.

               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 should clearly display the sums 
     previously transferred and the requested funding transfers.

[[Page S9884]]

       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 S9885]]

            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; of which $250,000 may be 
     made available to carry out activities under the Civil Rights 
     History Project Act of 2009 (20 U.S.C. 80s et seq.), to 
     remain available until expended; 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 S9886]]

           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 the Bureau of Indian Affairs, 
     tribes and tribal

[[Page S9887]]

     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 S9888]]

     amounts specified for those projects and purposes delineated 
     in the table titled ``Congressionally Directed Spending'' 
     included in the committee report accompanying this Act.


                      prohibition on use of funds

       Sec. 423. 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.

 prohibition on use of wildland fire management stimulus funds in the 
                          district of columbia

       Sec. 424.  Notwithstanding any other provision of law, none 
     of the funds made available under the American Recovery and 
     Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 115) 
     for wildland fire management shall be used in the District of 
     Columbia.

                     jungo disposal site evaluation

       Sec. 425.  Using funds made available under this Act, the 
     Director of the United States Geological Survey may conduct 
     an evaluation of the aquifers in the area of the Jungo 
     Disposal Site in Humboldt County, Nevada (referred to in this 
     section as the ``site''), to evaluate--
       (1) how long it would take waste seepage (including 
     asbestos, discarded tires, and sludge from water treatment 
     plants) from the site to contaminate local underground water 
     resources;
       (2) the distance that contamination from the site would 
     travel in each of--
       (A) 95 years; and
       (B) 190 years;
       (3) the potential impact of expected waste seepage from the 
     site on nearby surface water resources, including Rye Patch 
     Reservoir and the Humboldt River;
       (4) the size and elevation of the aquifers; and
       (5) any impact that the waste seepage from the site would 
     have on the municipal water resources of Winnemucca, Nevada.


                         buyout and relocation

       Sec. 426.  (a) As soon as practicable after the date of 
     enactment of this Act, the Administrator of the Environmental 
     Protection Agency (referred to in this section as the 
     ``Administrator'') is encouraged to consider all appropriate 
     criteria, including cost-effectiveness, relating to the 
     buyout and relocation of residents of properties in Treece, 
     Kansas, that are subject to risk relating to, and that may 
     endanger the health of occupants as a result of risks posed 
     by, chat (as defined in section 278.1(b) of title 40, Code of 
     Federal Regulations (as in effect on the date of enactment of 
     this Act)).
       (b) For the purpose of the remedial action under the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601 et seq.) that includes 
     permanent relocation of residents of Treece, Kansas, any such 
     relocation shall not be subject to the Uniform Relocation 
     Assistance and Real Property Acquisition Policies Act of 1970 
     (42 U.S.C. 4601 et seq.).
       (c) Nothing in this section shall in any way affect, 
     impede, or change the relocation or remediation activities 
     pursuant to the Record of Decision Operable Unit 4, Chat 
     Piles, Other Mine and Mill Waste, and Smelter Waste, Tar 
     Creek Superfund Site, Ottawa County, Oklahoma (OKD980629844) 
     issued by the Environmental Protection Agency Region 6 on 
     February 20, 2008, or any other previous Record of Decision 
     at the Tar Creek, Oklahoma, National Priority List Site, by 
     any Federal agency or through any funding by any Federal 
     agency.
       Sec. 427.  Section 404(c) of the Agricultural Research, 
     Extension, and Education Reform Act of 1998 (7 U.S.C. 
     7624(c)) is amended--
       (1) in paragraph (1), by striking ``Agricultural Research 
     Service'' and inserting ``Department of Agriculture''; and
       (2) by adding at the end the following:
       ``(3) Authority of secretary.--To carry out a cooperative 
     agreement with a private entity under paragraph (1), the 
     Secretary may rent to the private entity equipment, the title 
     of which is held by the Federal Government.''.
       Sec. 428.  It is the sense of the Senate that the Senate--
       (1) supports the National Vehicle Mercury Switch Recovery 
     Program as an effective way to reduce mercury pollution from 
     electric arc furnaces used by the steel industry to melt 
     scrap metal from old vehicles; and
       (2) urges the founders of the Program to secure private 
     sector financial support so that the successful efforts of 
     the Program to reduce mercury pollution may continue.

                       national forest foundation

       Sec. 429.  Section 403(a) of the National Forest Foundation 
     Act (16 U.S.C. 583j-1(a)) is amended, in the first sentence, 
     by striking ``fifteen Directors'' and inserting ``not more 
     than 30 Directors''.


                            cabin user fees

       Sec. 430. Notwithstanding any other provision of law, none 
     of the funds made available by this Act shall be used to 
     increase the amount of cabin user fees under section 608 of 
     the Cabin User Fee Fairness Act of 2000 (16 U.S.C. 6207) to 
     an amount beyond the amount levied on December 31, 2009.


        flame fund for emergency wildfire suppression activities

       Sec. 431.  (a) Definitions.--In this section:
       (1) Federal land.--The term ``Federal land'' means--
       (A) public land, as defined in section 103 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1702);
       (B) units of the National Park System;
       (C) refuges of the National Wildlife Refuge System;
       (D) land held in trust by the United States for the benefit 
     of Indian tribes or members of an Indian tribe; and
       (E) land in the National Forest System, as defined in 
     section 11(a) of the Forest and Rangeland Renewable Resources 
     Planning Act of 1974 (16 U.S.C. 1609(a)).
       (2) Flame fund.--The term ``Flame Fund'' means the Federal 
     Land Assistance, Management, and Enhancement Fund established 
     by subsection (b).
       (3) Secretaries.--The term ``Secretaries'' means the 
     Secretary of the Interior and the Secretary of Agriculture, 
     acting jointly.
       (4) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) the Secretary of the Interior, with respect to Federal 
     land described in subparagraphs (A), (B), (C), and (D) of 
     paragraph (1); and
       (B) the Secretary of Agriculture, with respect to National 
     Forest System land.
       (b) Establishment of Flame Fund.--There is established in 
     the Treasury of the United States a fund to be known as the 
     ``Federal Land Assistance, Management, and Enhancement 
     Fund'', consisting of--
       (1) such amounts as are appropriated to the Flame Fund; and
       (2) such amounts as are transferred to the Flame Fund under 
     subsection (d).
       (c) Funding.--
       (1) Authorization of appropriations.--
       (A) In general.--There are authorized to be appropriated to 
     the Flame Fund such amounts as are necessary to carry out 
     this section.
       (B) Congressional intent.--It is the intent of Congress 
     that the amounts appropriated to the Flame Fund for each 
     fiscal year should be not less than the combined average 
     amount expended by each Secretary concerned for emergency 
     wildfire suppression activities over the 5 fiscal years 
     preceding the fiscal year for which amounts are appropriated.
       (C) Availability.--Amounts appropriated to the Flame Fund 
     shall remain available until expended.
       (2) Appropriation.--There is appropriated to the Flame 
     Fund, out of funds of the Treasury not otherwise 
     appropriated, $834,000,000.
       (3) Sense of congress on designation of flame fund 
     appropriations as emergency requirement.--It is the sense of 
     Congress that further amounts appropriated to the Flame Fund 
     should be designated as amounts necessary to meet emergency 
     needs.
       (4) Notice of insufficient funds.--The Secretaries shall 
     notify the congressional committees described in subsection 
     (h)(2) if the Secretaries estimate that only 60 days worth of 
     funding remains in the Flame Fund.
       (d) Transfer of Excess Wildfire Suppression Amounts Into 
     Flame Fund.--At the end of each fiscal year, the Secretary 
     concerned shall transfer to the Flame Fund amounts that--
       (1) are appropriated to the Secretary concerned for 
     wildfire suppression activities for the fiscal year; but
       (2) are not obligated for wildfire suppression activities 
     before the end of the fiscal year.
       (e) Use of Flame Fund.--
       (1) In general.--Subject to paragraphs (2), (3), and (4), 
     amounts in the Flame Fund shall be available to the Secretary 
     concerned to pay the costs of emergency wildfire suppression 
     activities that are separate from amounts annually 
     appropriated to the Secretary concerned for routine wildfire 
     suppression activities.
       (2) Declaration required.--
       (A) In general.--Amounts in the Flame Fund shall be made 
     available to the Secretary concerned only after the 
     Secretaries issue a declaration that a wildfire suppression 
     activity is eligible for funding from the Flame Fund.
       (B) Declaration criteria.--A declaration by the Secretaries 
     under subparagraph (A) may be issued only if--
       (i) in the case of an individual wildfire incident--

       (I) the fire covers 300 or more acres; and
       (II) the Secretaries determine that the fire has required 
     an emergency Federal response based on the significant 
     complexity, severity, or threat posed by the fire to human 
     life, property, or resources; or

       (ii) the cumulative costs of wildfire suppression 
     activities for the Secretary concerned have exceeded the 
     amounts appropriated to the Secretary concerned for those 
     activities (not including funds deposited in the Flame Fund).
       (3) Transfer of amounts to secretary concerned.--After 
     issuance of a declaration under paragraph (2) and on request 
     of the Secretary concerned, the Secretary of the Treasury 
     shall transfer from the Flame Fund to the Secretary concerned 
     such amounts as the Secretaries determine are necessary for 
     wildfire suppression activities associated with the 
     declaration.
       (4) State, private, and tribal land.--Use of the Flame Fund 
     for emergency wildfire suppression activities on State land, 
     private land, and tribal land shall be consistent with any 
     existing agreements in which the Secretary concerned has 
     agreed to assume responsibility for wildfire suppression 
     activities on the land.
       (f) Treatment of Anticipated and Predicted Activities.--
       (1) In general.--Subject to subsection (e)(2)(B)(ii), the 
     Secretary concerned shall continue to fund routine wildfire 
     suppression activities within the appropriate agency budget 
     for each fiscal year.
       (2) Congressional intent.--It is the intent of Congress 
     that funding made available through the Flame Fund be used--
       (A) to supplement the funding otherwise appropriated to the 
     Secretary concerned; and
       (B) only for purposes in, and instances consistent with, 
     this section.
       (g) Prohibition on Other Transfers.--Any amounts in the 
     Flame Fund and any amounts appropriated for the purpose of 
     wildfire suppression on Federal land shall be obligated 
     before the Secretary concerned may transfer funds from non-
     fire accounts for wildfire suppression.
       (h) Accounting and Reports.--

[[Page S9889]]

       (1) Accounting and reporting system.--The Secretaries shall 
     establish an accounting and reporting system for the Flame 
     Fund that is compatible with existing National Fire Plan 
     reporting procedures.
       (2) Annual report.--Annually, the Secretaries shall submit 
     to the Committee on Natural Resources, the Committee on 
     Agriculture, and the Committee on Appropriations of the House 
     of Representatives and the Committee on Energy and Natural 
     Resources, the Committee on Indian Affairs, and the Committee 
     on Appropriations of the Senate and make available to the 
     public a report that--
       (A) describes the use of amounts from the Flame Fund; and
       (B) includes any recommendations that the Secretaries may 
     have to improve the administrative control and oversight of 
     the Flame Fund.
       (3) Estimates of wildfire suppression costs to improve 
     budgeting and funding.--
       (A) In general.--Consistent with the schedule provided in 
     subparagraph (C), the Secretaries shall submit to the 
     committees described in paragraph (2) an estimate of 
     anticipated wildfire suppression costs for the applicable 
     fiscal year and the subsequent fiscal year.
       (B) Peer review.--The methodology for developing the 
     estimates under subparagraph (A) shall be subject to periodic 
     peer review to ensure compliance with subparagraph (D).
       (C) Schedule.--The Secretaries shall submit an estimate 
     under subparagraph (A) during--
       (i) the first week of February of each year;
       (ii) the first week of April of each year;
       (iii) the first week of July of each year; and
       (iv) if a bill making appropriations for the Department of 
     the Interior and the Forest Service for the following fiscal 
     year has not been enacted by September 1, the first week of 
     September of each year.
       (D) Requirements.--An estimate of anticipated wildfire 
     suppression costs shall be developed using the best 
     available--
       (i) climate, weather, and other relevant data; and
       (ii) models and other analytic tools.
       (i) Termination of Authority.--The authority under this 
     section shall terminate at the end of the third fiscal year 
     in which no appropriations to or withdrawals from the Flame 
     Fund have been made for a period of 3 consecutive fiscal 
     years.


                 cohesive wildfire management strategy

       Sec. 432.  (a) Strategy Required.--Not later than 1 year 
     after the date of enactment of this Act, the Secretary of the 
     Interior and the Secretary of Agriculture, acting jointly, 
     shall submit to Congress a report that contains a cohesive 
     wildfire management strategy, consistent with the 
     recommendations described in recent reports of the Government 
     Accountability Office regarding management strategies.
       (b) Elements of Strategy.--The strategy required by 
     subsection (a) shall provide for--
       (1) the identification of the most cost-effective means for 
     allocating fire management budget resources;
       (2) the reinvestment in non-fire programs by the Secretary 
     of the Interior and the Secretary of Agriculture;
       (3) employing the appropriate management response to 
     wildfires;
       (4) assessing the level of risk to communities;
       (5) the allocation of hazardous fuels reduction funds based 
     on the priority of hazardous fuels reduction projects;
       (6) assessing the impacts of climate change on the 
     frequency and severity of wildfire; and
       (7) studying the effects of invasive species on wildfire 
     risk.
       (c) Revision.--At least once during each 5-year period 
     beginning on the date of the submission of the cohesive 
     wildfire management strategy under subsection (a), the 
     Secretaries shall revise the strategy submitted under that 
     subsection to address any changes affecting the strategy, 
     including changes with respect to landscape, vegetation, 
     climate, and weather.


               prohibition on no-bid contracts and grants

       Sec. 433.  (a) Notwithstanding any other provision of this 
     Act, none of the funds appropriated or otherwise made 
     available by this Act may be--
       (1) used to make any payment in connection with a contract 
     not awarded using competitive procedures in accordance with 
     the requirements of section 303 of the Federal Property and 
     Administrative Services Act of 1949 (41 U.S.C. 253), section 
     2304 of title 10, United States Code, and the Federal 
     Acquisition Regulation; or
       (2) awarded by grant not subjected to merit-based 
     competitive procedures, needs-based criteria, or other 
     procedures specifically authorized by law to select the 
     grantee or award recipient.
       (b) This prohibition shall not apply to the awarding of 
     contracts or grants with respect to which--
       (1) no more than one applicant submits a bid for a contract 
     or grant; or
       (2) Federal law specifically authorizes a grant or contract 
     to be entered into without regard for these requirements, 
     including formula grants for States, or Federally recognized 
     Indian tribes; or
       (3) such contracts or grants are authorized by the Indian 
     Self-Determination and Education and Assistance Act (Public 
     Law 93-638, 25 U.S.C. 450 et seq., as amended) or by any 
     other Federal laws that specifically authorize a grant or 
     contract with an Indian tribe as defined in section 4(e) of 
     that Act (25 U.S.C. 450b (e)).
       Sec. 434. (a) Notwithstanding any other provision of this 
     Act and except as provided in subsection (b), any report 
     required to be submitted by a Federal agency or department to 
     the Committee on Appropriations of either the Senate or the 
     House of Representatives in this Act shall be posted on the 
     public website of that agency upon receipt by the committee.
       (b) Subsection (a) shall not apply to a report if--
       (1) the public posting of the report compromises national 
     security; or
       (2) the report contains proprietary information.
       Sec. 435.  Section 1971(1) of the Omnibus Public Land 
     Management Act of 2009 (16 U.S.C. 460www note; Public Law 
     111-11) is amended by striking ``December 18, 2008'' and 
     inserting ``September 20, 2009''.


                        tar creek superfund site

       Sec. 436.  (a) In General.--To expedite the cleanup of the 
     Federal land and Indian land at the Tar Creek Superfund Site 
     (referred to in this section as the ``site''), any purchase 
     of chat (as defined in section 278.1(b) of title 40, Code of 
     Federal Regulations (or a successor regulation)), from the 
     site shall be--
       (1) counted at twice the purchase price of the chat; and
       (2) eligible to be counted toward meeting the federally 
     required disadvantaged business enterprise set-aside on 
     federally funded projects.
       (b) Restricted Indian Owners.--Subsection (a) shall only 
     apply if the purchase of chat is made from 1 or more 
     restricted Indian owners or an Indian tribe.
       (c) Applicable Law.--The use of chat acquired under 
     subsection (a) shall conform with applicable laws (including 
     the regulations for the use of chat promulgated by the 
     Administrator of the Environmental Protection Agency).
       This Act may be cited as the ``Department of the Interior, 
     Environment, and Related Agencies Appropriations Act, 2010''.

                          ____________________