[United States Statutes at Large, Volume 123, 111th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

123 STAT. 2904

Public Law 111-88
111th Congress

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.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

references

Section 1. Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.

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

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

(including rescission of funds)

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)), $959,571,000, to remain
available until expended; 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.

[[Page 2905]]
123 STAT. 2905

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 mining claim maintenance fees and location
fees that are hereby authorized for fiscal year 2010 so as to result in
a final appropriation estimated at not more than $959,571,000, 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: Provided, That notwithstanding section
430 of division E of Public Law 111-8, the amount of $1,000,000 made
available to the Bureau of Land Management for the shipment and storage
of oil shale core samples in the State of Colorado, as described in the
table entitled ``Congressionally Designated Spending'' contained in the
joint explanatory statement, is rescinded.

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, $29,650,000, 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

[[Page 2906]]
123 STAT. 2906

the Oregon and California land-grant fund and shall be transferred to
the General Fund in the Treasury in accordance with the second paragraph
of subsection (b) of title II of the Act of August 28, 1937 (50 Stat.
876).

forest ecosystem health and recovery fund

(revolving fund, special account)

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

range improvements

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

service charges, deposits, and forfeitures

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

[[Page 2907]]
123 STAT. 2907

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: Provided further, That title I of division E of the Omnibus
Appropriations Act, 2009, is further amended, under the heading
``Department of the Interior--Bureau of Land Management--Administrative
Provisions'' in the second paragraph: (1) by striking the phrase
``mining law administration'' and inserting ``from mining claim holders
the mining claim maintenance fees and location''; and (2) by striking
``those'': Provided further, That section 28f(a) of title 30, United
States Code, is amended by striking the phrase ``for years 2004 through
2008,'' and replacing it with ``, to the extent provided in advance in
Appropriations Acts,''. Section 28g of title

[[Page 2908]]
123 STAT. 2908

30, United States Code, is amended by striking the phrase ``and before
September 30, 2008,'' and replacing it with ``, to the extent provided
in advance in Appropriations Acts,''. Section 28i of title 30, United
States Code, is amended by striking ``28k'' and replacing it with
``28l''.

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, $1,269,406,000, to remain available
until September 30, 2011 except as otherwise provided herein: Provided,
That $2,500,000 is for high priority projects, which shall be carried
out by the Youth Conservation Corps: Provided further, That not to
exceed $22,103,000 shall be used for implementing subsections (a), (b),
(c), and (e) of section 4 of the Endangered Species Act, as amended,
(except for processing petitions, developing and issuing proposed and
final regulations, and taking any other steps to implement actions
described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of
which not to exceed $11,632,000 shall be used for any activity regarding
the designation of critical habitat, pursuant to subsection (a)(3),
excluding litigation support, for species listed pursuant to subsection
(a)(1) prior to October 1, 2009: Provided further, That of the amount
available for law enforcement, up to $400,000, to remain available until
expended, may at the discretion of the Secretary be used for payment for
information, rewards, or evidence concerning violations of laws
administered by the Service, and miscellaneous and emergency expenses of
enforcement activity, authorized or approved by the Secretary and to be
accounted for solely on the Secretary's certificate: Provided further,
That of the amount provided for environmental contaminants, up to
$1,000,000 may remain available until expended for contaminant sample
analyses.

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;
$37,439,000, to remain available until expended: Provided, That funds
provided under this heading in Public Law 111-8, division E for Kealia
Pond National Wildlife Refuge, Nisqually National Wildlife Refuge,
Patuxent Research Refuge, Tennessee National Wildlife Refuge, and
Mammoth Springs National Fish Hatchery may be reallocated to acquire
migratory bird survey aircraft and for construction at Neosho National
Fish Hatchery.

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,

[[Page 2909]]
123 STAT. 2909

$86,340,000, to be derived from the Land and Water Conservation Fund and
to remain available until expended, of which, notwithstanding 16 U.S.C.
460l-9, not more than $4,000,000 shall be for land conservation
partnerships authorized by the Highlands Conservation Act of 2004,
including not to exceed $120,000 for administrative expenses: Provided,
That none of the funds appropriated for specific land acquisition
projects may be used to pay for any administrative overhead, planning or
other management costs.

cooperative endangered species conservation fund

For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended, $85,000,000,
to remain available until expended, of which $29,000,000 is to be
derived from the Cooperative Endangered Species Conservation Fund, of
which $5,145,706 shall be for the Idaho Salmon and Clearwater River
Basins Habitat Account pursuant to the Snake River Water Rights Act of
2004; and of which $56,000,000 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),
$47,647,000, to remain available until expended.

neotropical migratory bird conservation

For expenses necessary to carry out the Neotropical Migratory Bird
Conservation Act, as amended, (16 U.S.C. 6101 et seq.), $5,000,000, 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, $90,000,000, to remain available
until expended: Provided, That

[[Page 2910]]
123 STAT. 2910

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, 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
apportion the remaining amount in the following manner: (1) one-third of
which is based on the ratio to which the land area of such State bears
to the total land area of all such States; and (2) two-thirds of which
is based on the ratio to which the population of such State bears to the
total population of all such States: Provided further, That the amounts
apportioned under this paragraph shall be adjusted equitably so that no
State shall be apportioned a sum which is less than 1 percent of the
amount available for apportionment under this paragraph for any fiscal
year or more than 5 percent of such amount: Provided further, That the
Federal share of planning grants shall not exceed 75 percent of the
total costs of such projects and the Federal share of implementation
grants shall not exceed 65 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

[[Page 2911]]
123 STAT. 2911

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, $2,261,559,000, of which $9,982,000 for planning and
interagency coordination in support of Everglades restoration and
$98,622,000 for maintenance, repair or rehabilitation projects for
constructed assets, operation of the National Park Service automated
facility management software system, and comprehensive facility
condition assessments shall remain available until September 30, 2011.

park partnership project grants

For expenses necessary to carry out provisions of section 814(g) of
Public Law 104-333 relating to challenge cost-share agreements,
$15,000,000, to remain available until expended for Park Partnership
signature projects and programs: Provided, That not less than 50 percent
of the total cost of each project or program is derived from non-Federal
sources in the form of donated cash, assets, or a pledge of donation
guaranteed by an irrevocable letter of credit: Provided further, That,
of the amount made available under this heading, $10,000,000 shall be
derived from the transfer of prior year unobligated balances available
in the National Park Service recreation enhancement fee program
established by title VIII, division J, Public Law 108-447.

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, $68,436,000, of which
$4,600,000 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), $79,500,000, to be
derived from the Historic Preservation Fund and to remain available
until September 30, 2011; of which $25,000,000 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): Provided, That
of the funds provided for Save America's Treasures, $10,200,000 shall be
allocated in the amounts specified for those projects and purposes

[[Page 2912]]
123 STAT. 2912

in accordance with the terms and conditions specified in the joint
explanatory statement of the managers accompanying this Act.

construction

For construction, improvements, repair or replacement of physical
facilities, including modifications authorized by section 104 of the
Everglades National Park Protection and Expansion Act of 1989,
$232,969,000, to remain available until expended: Provided, That,
beginning in fiscal year 2010 and thereafter, procurements for the
removal and restoration of the Elwha and Glines Canyon dams as
authorized in Public Law 102-495 may be issued which include 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 funds provided under this heading
shall be made available without regard to the requirements of section
8(b) of Public Law 102-543, as amended.

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, $126,266,000, to be derived from the Land
and Water Conservation Fund and to remain available until expended, of
which $40,000,000 is for the State assistance program and of which
$9,000,000 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
benefitting 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 benefitting 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 benefitting unit, in the
amount of funds so expended to extinguish or reduce liability.

[[Page 2913]]
123 STAT. 2913

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; $1,111,740,000, 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; of which $7,321,000 shall be
available until expended for deferred maintenance and capital
improvement projects that exceed $100,000 in cost; and of which
$2,000,000 shall be available to fund the operating expenses for the
Civil Applications Committee: Provided, That none of the funds provided
for the biological research activity shall be used to conduct new
surveys on private property, unless specifically authorized in writing
by the property owner: Provided further, That no part of this
appropriation shall be used to pay more than one-half the cost of
topographic mapping or water resources data collection and
investigations carried on in cooperation with States and municipalities.

administrative provisions

From within the amount appropriated for activities of the United
States Geological Survey such sums as are necessary shall be available
for reimbursement to the General Services Administration for security
guard services; contracting for the furnishing of topographic maps and
for the making of geophysical or other specialized surveys when it is
administratively determined that such procedures are in the public
interest; construction and maintenance of necessary buildings and
appurtenant facilities; acquisition of lands for gauging stations and
observation wells; expenses of the United States National Committee on
Geology; and payment of compensation and expenses of persons on the
rolls of the Survey duly appointed to represent the United States in the
negotiation and administration of interstate compacts: Provided, That
activities

[[Page 2914]]
123 STAT. 2914

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), in fiscal year 2010, MMS may retain
up to 4 percent of the amounts which are disbursed under section
31(b)(1), such retained amounts to remain available until expended.

[[Page 2915]]
123 STAT. 2915

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,
$35,588,000, 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

[[Page 2916]]
123 STAT. 2916

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, $2,335,965,000, to remain
available until September 30, 2011 except as otherwise provided herein;
of which not to exceed $30,000 may be for official reception and
representation expenses; of which not to exceed $74,915,000 shall be for
welfare assistance payments: Provided, That in cases of designated
Federal disasters, the Secretary may exceed such cap, from the amounts
provided herein, to provide for disaster relief to Indian communities
affected by the disaster; and of which, notwithstanding any other
provision of law, including but not limited to the Indian Self-
Determination Act of 1975, as amended, not to exceed $166,000,000 shall
be available for payments for contract support costs associated with
ongoing contracts, grants, compacts, or annual funding agreements
entered into with the Bureau 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
$568,702,000 for school operations costs of Bureau-funded schools and
other education programs shall become available on July 1, 2010, and
shall remain available until September 30, 2011; 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
$59,895,000 shall remain available until expended for housing
improvement, road maintenance, attorney fees, litigation support, the
Indian Self-Determination Fund, land records improvement, and the
Navajo-Hopi Settlement Program: Provided further, That notwithstanding
any other provision of law, including but not limited to the Indian
Self-Determination Act of 1975, as amended, and 25 U.S.C. 2008, not to
exceed $43,373,000 within and only from such amounts made available for
school operations shall be available for administrative cost grants
associated with ongoing grants entered into with the Bureau prior to or
during fiscal year 2009 for the operation of Bureau-funded schools, and
up to $500,000

[[Page 2917]]
123 STAT. 2917

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

[[Page 2918]]
123 STAT. 2918

prior Act, has not completed the planning and design phase of the
project and commenced construction: Provided further, That this
appropriation may be reimbursed from the Office of the Special Trustee
for American Indians appropriation for the appropriate share of
construction costs for space expansion needed in agency offices to meet
trust reform implementation.

indian land and water claim settlements and miscellaneous payments to
indians

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

indian guaranteed loan program account

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

indian land consolidation

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

administrative provisions

The Bureau of Indian Affairs may carry out the operation of Indian
programs by direct expenditure, contracts, cooperative agreements,
compacts and grants, either directly or in cooperation with States and
other organizations.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs may
contract for services in support of the management, operation, and
maintenance of the Power Division of the San Carlos Irrigation Project.
Appropriations for the Bureau of Indian Affairs (except the
Revolving Fund for Loans Liquidating Account, Indian Loan Guaranty and
Insurance Fund Liquidating Account, Indian Guaranteed Loan Financing
Account, Indian Direct Loan Financing Account, and the Indian Guaranteed
Loan Program account) shall be available for expenses of exhibits.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Affairs for central office oversight and Executive
Direction and Administrative Services (except executive direction and
administrative services funding for Tribal Priority

[[Page 2919]]
123 STAT. 2919

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

[[Page 2920]]
123 STAT. 2920

be for official reception and representation expenses; and of which up
to $1,000,000 shall be available for workers compensation payments and
unemployment compensation payments associated with the orderly closure
of the United States Bureau of Mines; and of which $12,136,000 for
consolidated appraisal services is to be derived from the Land and Water
Conservation Fund and shall remain available until expended: 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, $85,195,000, of which:
(1) $75,915,000 shall remain available until expended for technical
assistance, including maintenance assistance, disaster assistance,
insular management controls, coral reef initiative activities, and brown
tree snake control and research; grants to the judiciary in American
Samoa for compensation and expenses, as authorized by law (48 U.S.C.
1661(c)); grants to the Government of American Samoa, in addition to
current local revenues, for construction and support of governmental
functions; grants to the Government of the Virgin Islands as authorized
by law; grants to the Government of Guam, as authorized by law; and
grants to the Government of the Northern Mariana Islands as authorized
by law (Public Law 94-241; 90 Stat. 272); and (2) $9,280,000 shall be
available until September 30, 2011 for salaries and expenses of the
Office of Insular Affairs: Provided, That all financial transactions of
the territorial and local governments herein provided for, including
such transactions of all agencies or instrumentalities established or
used by such governments, may be audited by the Government
Accountability Office, at its discretion, in accordance with chapter 35
of title 31, United States Code: Provided further, That Northern Mariana
Islands Covenant grant funding shall be provided according to those
terms of the Agreement of the Special Representatives on Future United
States Financial Assistance for the Northern Mariana Islands approved by
Public Law 104-134: Provided further, That of the amounts provided for
technical assistance, sufficient funds shall be made available for a
grant to the Pacific Basin Development Council: Provided further, That
of the amounts provided for technical assistance, sufficient funding
shall be made

[[Page 2921]]
123 STAT. 2921

available for a grant to the Close Up Foundation: Provided further, That
the funds for the program of operations and maintenance improvement are
appropriated to institutionalize routine operations and maintenance
improvement of capital infrastructure with territorial participation and
cost sharing to be determined by the Secretary based on the grantee's
commitment to timely maintenance of its capital assets: Provided
further, That any appropriation for disaster assistance under this
heading in this Act or previous appropriations Acts may be used as non-
Federal matching funds for the purpose of hazard mitigation grants
provided pursuant to section 404 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170c).

compact of free association

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

administrative provisions

(including transfer of funds)

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

Office of the Solicitor

salaries and expenses

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

[[Page 2922]]
123 STAT. 2922

Office of Inspector General

salaries and expenses

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

Office of the Special Trustee for American Indians

federal trust programs

(including transfer of funds)

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

Department-wide Programs

wildland fire management

(including transfers of funds)

For necessary expenses for fire preparedness, suppression
operations, fire science and research, emergency rehabilitation,
hazardous fuels reduction, and rural fire assistance by the Department
of the Interior, $794,897,000, to remain available until expended,

[[Page 2923]]
123 STAT. 2923

of which not to exceed $6,137,000 shall be for the renovation or
construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts from
which funds were previously transferred for such purposes: Provided
further, That persons hired pursuant to 43 U.S.C. 1469 may be furnished
subsistence and lodging without cost from funds available from this
appropriation: Provided further, That notwithstanding 42 U.S.C. 1856d,
sums received by a bureau or office of the Department of the Interior
for fire protection rendered pursuant to 42 U.S.C. 1856 et seq.,
protection of United States property, may be credited to the
appropriation from which funds were expended to provide that protection,
and are available without fiscal year limitation: Provided further, That
using the amounts designated under this title of this Act, the Secretary
of the Interior may enter into procurement contracts, grants, or
cooperative agreements, for hazardous fuels reduction activities, and
for training and monitoring associated with such hazardous fuels
reduction activities, on Federal land, or on adjacent non-Federal land
for activities that benefit resources on Federal land: Provided further,
That the costs of implementing any cooperative agreement between the
Federal Government and any non-Federal entity may be shared, as mutually
agreed on by the affected parties: Provided further, That
notwithstanding requirements of the Competition in Contracting Act, the
Secretary, for purposes of hazardous fuels reduction activities, may
obtain maximum practicable competition among: (1) local private,
nonprofit, or cooperative entities; (2) Youth Conservation Corps crews,
Public Lands Corps (Public Law 109-154), or related partnerships with
State, local, or non-profit youth groups; (3) small or micro-businesses;
or (4) other entities that will hire or train locally a significant
percentage, defined as 50 percent or more, of the project workforce to
complete such contracts: Provided further, That in implementing this
section, the Secretary shall develop written guidance to field units to
ensure accountability and consistent application of the authorities
provided herein: Provided further, That funds appropriated under this
head may be used to reimburse the United States Fish and Wildlife
Service and the National Marine Fisheries Service for the costs of
carrying out their responsibilities under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) to consult and conference, as required by
section 7 of such Act, in connection with wildland fire management
activities: Provided further, That the Secretary of the Interior may use
wildland fire appropriations to enter into non-competitive sole source
leases of real property with local governments, at or below fair market
value, to construct capitalized improvements for fire facilities on such
leased properties, including but not limited to fire guard stations,
retardant stations, and other initial attack and fire support
facilities, and to make advance payments for any such lease or for
construction activity associated with the lease: Provided further, That
the Secretary of the Interior and the Secretary of Agriculture may
authorize the transfer of funds appropriated for wildland fire
management, in an aggregate amount not to exceed $50,000,000, between
the Departments when such transfers would facilitate and expedite
jointly funded wildland fire management programs and projects: Provided
further, That funds provided for wildfire suppression shall be available
for support of Federal emergency response actions: Provided further,
That no less than $125,000,000 in prior-year wildfire suppression
balances

[[Page 2924]]
123 STAT. 2924

shall be made available in addition to amounts provided in this Act for
that purpose.

flame wildfire suppression reserve fund

(including transfers of funds)

For deposit in the FLAME Wildfire Suppression Reserve Fund created
in title V, section 502(b) of this Act, $61,000,000, to remain available
until expended.

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

[[Page 2925]]
123 STAT. 2925

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

(including transfers of funds)

emergency transfer authority--intra-bureau

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

emergency transfer authority--department-wide

Sec. 102.  The Secretary may authorize the expenditure or transfer
of any no year appropriation in this title, in addition to the amounts
included in the budget programs of the several agencies, for the
suppression or emergency prevention of wildland fires on or threatening
lands under the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its jurisdiction;
for emergency actions related to potential or actual earthquakes,
floods, volcanoes, storms, or other unavoidable causes; for contingency
planning subsequent to actual oil spills; for response and natural
resource damage assessment activities related to actual oil spills; for
the prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the jurisdiction
of the Secretary, pursuant to the authority in section 1773(b) of Public
Law 99-198 (99 Stat. 1658); for emergency reclamation projects under
section 410 of Public Law 95-87; and shall transfer, from any no year
funds available to the Office of Surface Mining Reclamation and
Enforcement, such funds as may be necessary to permit assumption of
regulatory authority in the event a primacy State is not carrying out
the regulatory provisions of the Surface Mining Act: Provided, That
appropriations made in this title for wildland

[[Page 2926]]
123 STAT. 2926

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'' and ``FLAME Wildfire Suppression Reserve Fund'' shall be
exhausted within 30 days: Provided further, That all funds used pursuant
to this section must be replenished by a supplemental appropriation
which must be requested as promptly as possible: Provided further, That
such replenishment funds shall be used to reimburse, on a pro rata
basis, accounts from which emergency funds were transferred.

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 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.

[[Page 2927]]
123 STAT. 2927

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.

mass marking of salmonids

Sec. 108.  The United States Fish and Wildlife Service shall, in
carrying out its responsibilities to protect threatened and endangered
species of salmon, implement a system of mass marking of salmonid
stocks, intended for harvest, that are released from federally operated
or federally financed hatcheries including but not limited to fish
releases of coho, chinook, and steelhead species. Marked fish must have
a visible mark that can be readily identified by commercial and
recreational fishers.

ellis, governors, and liberty islands

Sec. 109.  Notwithstanding any other provision of law, the Secretary
of the Interior is authorized to acquire lands, waters, or interests
therein including the use of all or part of any pier, dock, or landing
within the State of New York and the State of New Jersey, for the
purpose of operating and maintaining facilities in the support of
transportation and accommodation of visitors to Ellis, Governors, and
Liberty Islands, and of other program and administrative activities, by
donation or with appropriated funds, including franchise fees (and other
monetary consideration), or by exchange; and the Secretary is authorized
to negotiate and enter into leases, subleases, concession contracts or
other agreements for the use of such facilities on such terms and
conditions as the Secretary may determine reasonable.

prohibition on use of funds

Sec. 110. (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.

[[Page 2928]]
123 STAT. 2928

(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.

contribution authority

Sec. 111.  Title 43 U.S.C. 1473, as amended by Public Law 111-8, is
further amended by striking ``in fiscal years 2008 and 2009 only'' and
inserting ``in fiscal years 2010 through 2013''.

use of cooperative agreements

Sec. 112.  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.

ice age national scenic trail

Sec. 113.  Funds provided in this Act for Federal land acquisition
by the National Park Service for Ice Age National Scenic Trail may be
used for a grant to a State, a local government, or any other land
management entity for the acquisition of lands without regard to any
restriction on the use of Federal land acquisition funds provided
through the Land and Water Conservation Fund Act of 1965 as amended.

conforming amendment

Sec. 114.  Notwithstanding any other provision of law, 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.

outer continental shelf inspection fees

Sec. 115. (a) In fiscal year 2010, the Minerals Management Service
(MMS) shall collect a non-refundable inspection fee, which

[[Page 2929]]
123 STAT. 2929

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.

prohibition on use of funds, point reyes national seashore

Sec. 116.  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.

yosemite national park authorized payments, amendment

Sec. 117.  Section 101(a)(1) of Public Law 109-131 is amended by
striking ``2009'' and inserting ``2013''.

san juan island national historic park authorization

Sec. 118.  Section 4 of Public Law 89-565, as amended (16 U.S.C.
282c), relating to San Juan Island National Historic Park, is amended by
striking ``$5,575,000'' and inserting ``$13,575,000''.

japanese american confinement sites, amendment

Sec. 119.  Section 1(c)(2) of Public Law 109-441 is amended by
adding after subparagraph (D) the following new subparagraph:
``(E) Heart Mountain, depicted in Figure 6.3 of the
Site Document.''.

northern plains heritage area, amendment

Sec. 120.  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.--

[[Page 2930]]
123 STAT. 2930

``(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. 121. (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

[[Page 2931]]
123 STAT. 2931

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. 122. (a) In General.--Subject to subsection (c), the United
States Government, through 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.

[[Page 2932]]
123 STAT. 2932

golden gate national recreation area, fort baker amendment

Sec. 123.  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.

point reyes national seashore, extension of permit

Sec. 124.  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. Nothing in this section
shall be construed to have any application to any location other than
Point Reyes National Seashore; nor shall anything in this section be
cited as precedent for management of any potential wilderness outside
the Seashore.

national park system, special resource study

Sec. 125. (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.

[[Page 2933]]
123 STAT. 2933

(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.

control of border

Sec. 126.  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 with respect to section 102(b) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note).

national heritage area, opt out provision

Sec. 127.  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.

placement of plaque at world war ii memorial

Sec. 128.  Notwithstanding any other law, the Secretary of the
Interior shall install in the area of the World War II Memorial in the
District of Columbia a suitable plaque to commemorate the extraordinary
leadership of Senator Robert J. Dole in making the Memorial a reality on
the National Mall: Provided, That the Secretary shall design, procure,
prepare and install the plaque: Provided further, That the Secretary of
the Interior is authorized to accept and expend contributions toward the
cost of preparing and installing the plaque, without further
appropriation: Provided further, That Federal funds may be used to
design, procure, or install the plaque.

martin luther king, jr. memorial authority, extension

Sec. 129.  Section 508(b)(2) of the Omnibus Parks and Public Lands
Management Act of 1996, as amended (40 U.S.C. 8903 note; 110 Stat. 4157,
114 Stat. 26, 117 Stat. 1347, 119 Stat. 527, 122 Stat. 5034) shall be
amended by striking ``November 12, 2009'' and inserting ``September 30,
2010''.

john adams memorial authority, extension

Sec. 130.  Notwithstanding section 8903(e) of title 40, United
States Code, the authority provided by Public Law 107-62 and Public Law
107-315 shall continue to apply through September 30, 2010.

[[Page 2934]]
123 STAT. 2934

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, $846,049,000, 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, $2,993,779,000, to remain available until September 30, 2011:
Provided, That of the funds included under this heading, not less than
$608,441,000 shall be for the Geographic Programs specified in the
explanatory statement accompanying this Act.

Office of Inspector General

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

Buildings and Facilities

For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by, the
Environmental Protection Agency, $37,001,000, to remain available until
expended, of which up to $500,000 shall 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) $1,306,541,000, to remain available until expended, consisting of
such sums as are available in the

[[Page 2935]]
123 STAT. 2935

Trust Fund on September 30, 2009, as authorized by section 517(a) of the
Superfund Amendments and Reauthorization Act of 1986 (SARA) and up to
$1,306,541,000 as a payment from general revenues to the Hazardous
Substance Superfund for purposes as authorized by section 517(b) of
SARA, as amended: Provided, That funds appropriated under this heading
may be allocated to other Federal agencies in accordance with section
111(a) of CERCLA: Provided further, That of the funds appropriated under
this heading, $9,975,000 shall be paid to the ``Office of Inspector
General'' appropriation to remain available until September 30, 2011,
and $26,834,000 shall be paid to the ``Science and Technology''
appropriation to remain available until September 30, 2011.

Leaking Underground Storage Tank Trust Fund Program

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

Oil Spill Response

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

State and Tribal Assistance Grants

For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $4,970,223,000, 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 making 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 there are sufficient eligible project applications, not less
than 20 percent of the funds made available under this title to each
State for Clean Water State Revolving Fund capitalization grants and not
less than 20 percent of the funds made available under this title to
each State for Drinking Water State Revolving Fund capitalization grants
shall be used by the State for projects to address green infrastructure,
water or energy efficiency improvements, or other environmentally
innovative activities; $17,000,000 shall be for architectural,
engineering, planning, design, construction and related activities

[[Page 2936]]
123 STAT. 2936

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; $13,000,000
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; $156,777,000 shall be for making
special project grants and technical corrections to prior-year 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 joint explanatory
statement of the managers accompanying this Act, and, for purposes of
these grants, each grantee shall contribute not less than 45 percent of
the cost of the project unless the grantee is approved for a waiver by
the Agency; $100,000,000 shall be to carry out section 104(k) of the
Comprehensive Environmental Response, Compensation, and Liability Act of
1980 (CERCLA), as amended, including grants, interagency agreements, and
associated program support costs; $60,000,000 shall be for grants under
title VII, subtitle G of the Energy Policy Act of 2005, as amended;
$20,000,000 shall be for targeted airshed grants in accordance with the
terms and conditions of the joint explanatory statement of the managers
accompanying this Act; and $1,116,446,000 shall be for grants, including
associated program support costs, to States, federally recognized
tribes, interstate agencies, tribal consortia, and air pollution control
agencies for multi-media or single media pollution prevention, control
and abatement and related activities, including activities pursuant to
the provisions set forth under this heading in Public Law 104-134, and
for making grants under section 103 of the Clean Air Act for particulate
matter monitoring and data collection activities subject to terms and
conditions specified by the Administrator, of which $49,495,000 shall be
for carrying out section 128 of CERCLA, as amended, $10,000,000 shall be
for Environmental Information Exchange Network grants, including
associated program support costs, $18,500,000 of the funds available for
grants under section 106 of the Act shall be for water quality
monitoring activities, $10,000,000 shall be for competitive grants to
communities to develop plans and demonstrate and implement projects
which reduce greenhouse gas emissions and, in addition to funds
appropriated under the heading ``Leaking Underground Storage Tank Trust
Fund Program'' to carry out the provisions of the Solid Waste Disposal
Act specified in section 9508(c) of the Internal Revenue Code other than
section 9003(h) of the Solid Waste Disposal Act, as amended, $2,500,000
shall be for grants to States under section 2007(f)(2) of the Solid
Waste Disposal Act, as amended: Provided further, That notwithstanding
section 603(d)(7) of the Federal Water Pollution Control

[[Page 2937]]
123 STAT. 2937

Act, the limitation on the amounts in a State water pollution control
revolving fund that may be used by a State to administer the fund shall
not apply to amounts included as principal in loans made by such fund in
fiscal year 2010 and prior years where such amounts represent costs of
administering the fund to the extent that such amounts are or were
deemed reasonable by the Administrator, accounted for separately from
other assets in the fund, and used for eligible purposes of the fund,
including administration: Provided further, That for fiscal year 2010,
and notwithstanding section 518(f) of the Act, the Administrator is
authorized to use the amounts appropriated for any fiscal year under
section 319 of that Act to make grants to federally recognized Indian
tribes pursuant to sections 319(h) and 518(e) of that Act: Provided
further, That for fiscal year 2010, notwithstanding the limitation on
amounts in section 518(c) of the Federal Water Pollution Control Act and
section 1452(i) of the Safe Drinking Water Act, up to a total of 2
percent of the funds appropriated for State Revolving Funds under such
Acts may be reserved by the Administrator for grants under section
518(c) and section 1452(i) of such Acts: Provided further, That for
fiscal year 2010, in addition to the amounts specified in section 205(c)
of the Federal Water Pollution Control Act, up to 1.2486 percent of the
funds appropriated for the Clean Water State Revolving Fund program
under the Act may be reserved by the Administrator for grants made under
title II of the Clean Water Act for American Samoa, Guam, the
Commonwealth of the Northern Marianas, and United States Virgin Islands:
Provided further, That for fiscal year 2010, notwithstanding the
limitations on amounts specified in section 1452(j) of the Safe Drinking
Water Act, up to 1.5 percent of the funds appropriated for the Drinking
Water State Revolving Fund programs under the Safe Drinking Water Act
may be reserved by the Administrator for grants made under section
1452(j) of the Safe Drinking Water Act: Provided further, That not less
than 30 percent of the funds made available under this title to each
State for Clean Water State Revolving Fund capitalization grants and not
less than 30 percent of the funds made available under this title to
each State for Drinking Water State Revolving Fund capitalization grants
shall be used by the State to provide additional subsidy to eligible
recipients in the form of forgiveness of principal, negative interest
loans, or grants (or any combination of these), except that for the
Clean Water State Revolving Fund capitalization grant appropriation this
section shall only apply to the portion that exceeds $1,000,000,000:
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.

[[Page 2938]]
123 STAT. 2938

Administrative Provisions, Environmental Protection Agency

(including transfer and rescission of funds)

For fiscal year 2010, notwithstanding 31 U.S.C. 6303(1) and 6305(1),
the Administrator of the Environmental Protection Agency, in carrying
out the Agency's function to implement directly Federal environmental
programs required or authorized by law in the absence of an acceptable
tribal program, may award cooperative agreements to federally recognized
Indian tribes or Intertribal consortia, if authorized by their member
Tribes, to assist the Administrator in implementing Federal
environmental programs for Indian Tribes required or authorized by law,
except that no such cooperative agreements may be awarded from funds
designated for State financial assistance agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration service fees
in accordance with section 33 of the Federal Insecticide, Fungicide, and
Rodenticide Act, as amended by Public Law 110-94, the Pesticide
Registration Improvement Renewal Act.

Title II of Public Law 109-54, as amended by title II of division E
of Public Law 111-8 (123 Stat. 729), is amended in the fourth paragraph
under the heading ``Administrative Provisions'' by striking ``2011'' and
inserting ``2015.''

The Administrator is authorized to transfer up to $475,000,000 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'' and
``Hazardous Substance Superfund'' accounts, $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.
Not later than 18 months after the date of enactment of this Act,
the Administrator, in consultation with other Federal agencies, shall
carry out and submit to Congress the results of a study on domestic and
international black carbon emissions that shall include an inventory of
the major sources of black carbon, an assessment of the impacts of black
carbon on global and regional climate, an assessment of potential
metrics and approaches for quantifying the climatic effects of black
carbon emissions (including its radiative forcing and warming effects)
and comparing those effects to the effects of carbon dioxide and other
greenhouse gases, an identification of the most cost-effective
approaches to reduce black carbon emissions, and an analysis of the
climatic effects

[[Page 2939]]
123 STAT. 2939

and other environmental and public health benefits of those approaches.

For fiscal year 2010 the requirements of section 513 of the Federal
Water Pollution Control Act (33 U.S.C. 1372) shall apply to the
construction of treatment works carried out in whole or in part with
assistance made available by a State water pollution control revolving
fund as authorized by title VI of that Act (33 U.S.C. 1381 et seq.), or
with assistance made available under section 205(m) of that Act (33
U.S.C. 1285(m)), or both.

For fiscal year 2010 the requirements of section 1450(e) of the Safe
Drinking Water Act (42 U.S.C. 300j-9(e)) shall apply to any construction
project carried out in whole or in part with assistance made available
by a drinking water treatment revolving loan fund as authorized by
section 1452 of that Act (42 U.S.C. 300j-12).

TITLE III

RELATED AGENCIES

DEPARTMENT OF AGRICULTURE

Forest Service

forest and rangeland research

For necessary expenses of forest and rangeland research as
authorized by law, $312,012,000, 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, $308,061,000, to remain
available until expended, as authorized by law; of which $76,460,000 is
to be derived from the Land and Water Conservation Fund; 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)).

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, $1,551,339,000, to remain available until
expended, which shall include 50 percent of all moneys received during
prior fiscal years as fees collected under the Land and Water
Conservation Fund Act of 1965, as amended, in accordance with section 4
of the Act (16 U.S.C. 460l-6a(i)): Provided,

[[Page 2940]]
123 STAT. 2940

That, through fiscal year 2012, the Secretary may authorize the
expenditure or transfer of up to $10,000,000 to the Department of the
Interior, Bureau of Land Management, for removal, preparation, and
adoption of excess wild horses and burros from National Forest System
lands, and for the performance of cadastral surveys to designate the
boundaries of such lands.

capital improvement and maintenance

(including transfer of funds)

For necessary expenses of the Forest Service, not otherwise provided
for, $556,053,000, 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 $90,000,000 shall be designated for urgently
needed road decommissioning, road and trail repair and maintenance and
associated activities, and removal of fish passage barriers, especially
in areas where Forest Service roads may be contributing to water quality
problems in streams and water bodies which support threatened,
endangered or sensitive species or community water sources: Provided
further, That funds provided herein shall be available for the
decommissioning of roads, including unauthorized roads not part of the
transportation system, which are no longer needed: Provided further,
That 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, $63,522,000, 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 se Forests, California, as authorized by law, $1,050,000, to be
derived from forest receipts.

[[Page 2941]]
123 STAT. 2941

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.
460l-516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-591; and
Public Law 78-310).

range betterment fund

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

gifts, donations and bequests for forest and rangeland research

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

management of national forest lands for subsistence uses

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

wildland fire management

(including transfers of funds)

For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency fire suppression on or
adjacent to such lands or other lands under fire protection agreement,
hazardous fuels reduction on or adjacent to such lands, and for
emergency rehabilitation of burned-over National Forest System lands and
water, $2,103,737,000, to remain available until expended: Provided,
That such funds including unobligated balances under this heading, are
available for repayment of advances from other appropriations accounts
previously transferred for such purposes: Provided further, That such
funds shall be available to reimburse State and other cooperating
entities for services provided in response to wildfire and other
emergencies or disasters to the extent such reimbursements by the Forest
Service for non-fire emergencies are fully repaid by the responsible
emergency management agency: Provided further, That, notwithstanding any
other provision of law, $8,000,000 of funds appropriated under this
appropriation shall be used for Fire Science Research in support of the
Joint Fire Science Program: Provided further, That all authorities for

[[Page 2942]]
123 STAT. 2942

the use of funds, including the use of contracts, grants, and
cooperative agreements, available to execute the Forest and Rangeland
Research appropriation, are also available in the utilization of these
funds for Fire Science Research: Provided further, That funds provided
shall be available for emergency rehabilitation and restoration,
hazardous fuels reduction activities in the urban-wildland interface,
support to Federal emergency response, and wildfire suppression
activities of the Forest Service: Provided further, That of the funds
provided, $350,285,000 is for hazardous fuels reduction activities,
$11,600,000 is for rehabilitation and restoration, $23,917,000 is for
research activities and to make competitive research grants pursuant to
the Forest and Rangeland Renewable Resources Research Act, as amended
(16 U.S.C. 1641 et seq.), $71,250,000 is for State fire assistance,
$9,000,000 is for volunteer fire assistance, $20,752,000 is for forest
health activities on Federal lands and $11,428,000 is for forest health
activities on State and private lands: Provided further, That no less
than $75,000,000 in prior-year wildfire suppression balances shall be
made available in addition to amounts provided in this Act for that
purpose: Provided further, That of the funds provided for hazardous
fuels reduction, $10,000,000 shall be deposited in the Collaborative
Forest Landscape Restoration Fund for ecological restoration treatments
as authorized by 16 U.S.C. 7303(f): 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 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 up to $15,000,000 of
the funds provided herein may be used by the Secretary of Agriculture to
enter into procurement contracts or cooperative agreements, or issue
grants, for hazardous fuels reduction activities and for training and
monitoring associated with such hazardous fuels reduction activities, on
Federal land, or on adjacent non-Federal land for activities that
benefit resources on Federal land: Provided further, That 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 made 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 $50,000,000, between the Departments when
such transfers would facilitate and expedite jointly funded wildland
fire management programs and projects: Provided further, That of the
funds provided for hazardous fuels reduction, not to exceed $5,000,000,
may be used to make grants, using any authorities available to the
Forest

[[Page 2943]]
123 STAT. 2943

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.

flame wildfire suppression reserve fund

(including transfers of funds)

For deposit in the FLAME Wildfire Suppression Reserve Fund created
in title V, section 502(b) of this Act, $413,000,000, 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 forest
firefighting, emergency rehabilitation of burned-over or damaged lands
or waters under its jurisdiction, and fire preparedness due to severe
burning conditions five days after the Secretary notifies the House and
Senate Committees on Appropriations that all fire suppression funds
appropriated under the headings ``Wildland Fire Management'' and ``FLAME
Wildfire Suppression Reserve Fund'' shall be fully obligated within 30
days: Provided, That all funds used pursuant to this paragraph must be
replenished by a supplemental appropriation which must be requested as
promptly as possible.

Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development in
connection with forest and rangeland research, technical information,
and assistance in foreign countries, and shall be available to support
forestry and related natural resource activities outside the United
States and its territories and possessions, including technical
assistance, education and training, and cooperation with United States
and international organizations.

[[Page 2944]]
123 STAT. 2944

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 the joint explanatory statement of the managers
accompanying this Act.
Not more than $78,350,000 of funds available to the Forest Service
shall be transferred to the Working Capital Fund of the Department of
Agriculture and not more than $19,825,000 of funds available to the
Forest Service shall be transferred to the Department of Agriculture for
Department Reimbursable Programs, commonly referred to as Greenbook
charges. Nothing in this paragraph shall prohibit or limit the use of
reimbursable agreements requested by the Forest Service in order to
obtain services from the Department of Agriculture's National
Information Technology Center.
Funds available to the Forest Service shall be available to conduct
a program of up to $5,000,000 for priority projects within the scope of
the approved budget, of which $2,500,000 shall be carried out by the
Youth Conservation Corps and $2,500,000 shall be carried out under the
authority of the Public Lands Corps Healthy Forests Restoration Act of
2005, Public Law 109-154.
Of the funds available to the Forest Service, $4,000 is available to
the Chief of the Forest Service for official reception and
representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of the
funds available to the Forest Service, $3,000,000 may be advanced in a
lump sum to the National Forest Foundation to aid conservation
partnership projects in support of the Forest Service mission, without
regard to when the Foundation incurs expenses, for projects on or
benefitting National Forest System lands or related to Forest Service
programs: Provided, That the Foundation shall obtain, by the end of the
period of Federal financial assistance, private contributions to match
on at least one-for-one basis funds made available by the Forest
Service: Provided further, That the Foundation may transfer Federal
funds to Federal or a non-Federal recipient for a project at the same
rate that the recipient has obtained the non-Federal matching funds:
Provided further, That authorized investments of Federal funds held by
the Foundation may be made only in interest-bearing obligations of the
United States or in obligations guaranteed as to both principal and
interest by the United States.

Pursuant to section 2(b)(2) of Public Law 98-244, $3,000,000 of the
funds available to the Forest Service shall be advanced to the National
Fish and Wildlife Foundation in a lump sum to aid cost-share
conservation projects, without regard to when expenses are incurred, on
or benefitting National Forest System lands or related to Forest Service
programs: Provided, That such funds shall be matched on at least a one-
for-one basis by the Foundation or its sub-recipients: Provided further,
That the Foundation may transfer Federal funds to a Federal or non-
Federal recipient for a project at the same rate that the recipient has
obtained the non-Federal matching funds.

[[Page 2945]]
123 STAT. 2945

Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities and natural resource-based businesses for sustainable rural
development purposes.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
An eligible individual who is employed in any project funded under
title V of the Older American Act of 1965 (42 U.S.C. 3056 et seq.) and
administered by the Forest Service shall be considered to be a Federal
employee for purposes of chapter 171 of title 28, United States Code.
Any funds appropriated to the Forest Service may be used to meet the
non-Federal share requirement in section 502(c) of the Older American
Act of 1965 (42 U.S.C. 3056(c)(2)).
Funds available to the Forest Service, not to exceed $55,000,000,
shall be assessed for the purpose of performing fire, administrative and
other facilities maintenance. Such assessments shall occur using a
square foot rate charged on the same basis the agency uses to assess
programs for payment of rent, utilities, and other support services.

Notwithstanding any other provision of law, any appropriations or
funds available to the Forest Service not to exceed $500,000 may be used
to reimburse the Office of the General Counsel (OGC), Department of
Agriculture, for travel and related expenses incurred as a result of OGC
assistance or participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase negotiations and
similar non-litigation related matters. Future budget justifications for
both the Forest Service and the Department of Agriculture should clearly
display the sums previously transferred and the requested funding
transfers.
The 19th unnumbered paragraph under heading ``Administrative
Provisions, Forest Service'' in title III of the Department of the
Interior, Environment, and Related Agencies Appropriations Act, 2006,
Public Law 109-54, is amended by striking ``2009'' and inserting
``2014''.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Indian Health Service

indian health services

For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination Act, the Indian Health Care
Improvement Act, and titles II and III of the Public Health Service Act
with respect to the Indian Health Service, $3,657,618,000, together with
payments received during the fiscal year pursuant to 42 U.S.C. 238(b)
and 238b for services furnished by the Indian Health Service: Provided,
That funds made available to tribes and tribal organizations through
contracts, grant agreements, or any other agreements or compacts
authorized by the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 450), shall be deemed to be obligated at the time of
the grant or contract award and thereafter shall remain available to the
tribe or tribal organization without fiscal year limitation:

[[Page 2946]]
123 STAT. 2946

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 $10,000,000 is provided for the domestic
violence prevention initiative and, notwithstanding any other provision
of law, the amounts available under this proviso shall be allocated at
the discretion of the Director of the Indian Health Service and shall
remain available until expended: Provided further, That funds provided
in this Act may be used for 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 $398,490,000 shall be for
payments to tribes and tribal organizations for contract or grant
support costs associated with contracts, grants, self-governance
compacts, or annual funding agreements between the Indian Health Service
and a tribe or tribal organization pursuant to the Indian Self-
Determination Act of 1975, as amended, prior to or during fiscal year
2010, of which not to exceed $5,000,000 may be used for contract support
costs associated with new or expanded self-determination contracts,
grants, self-governance compacts, or annual funding agreements: Provided
further, That the Bureau of Indian Affairs may collect from the Indian
Health Service, tribes and tribal organizations operating health
facilities pursuant to Public Law 93-638, such individually identifiable
health information relating to disabled children as may be necessary for
the purpose of carrying out its functions under the Individuals with
Disabilities Education Act (20 U.S.C. 1400, et seq.): Provided further,
That the Indian Health Care Improvement Fund may be used, as needed, to
carry out activities typically funded under the Indian Health Facilities
account.

[[Page 2947]]
123 STAT. 2947

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

[[Page 2948]]
123 STAT. 2948

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)

[[Page 2949]]
123 STAT. 2949

of the Superfund Amendments and Reauthorization Act of 1986,
$79,212,000.

Agency for Toxic Substances and Disease Registry

toxic substances and environmental public health

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

OTHER RELATED AGENCIES

Executive Office of the President

council on environmental quality and office of environmental quality

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

Chemical Safety and Hazard Investigation Board

salaries and expenses

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.

[[Page 2950]]
123 STAT. 2950

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, $11,147,000: Provided, That the Chemical Safety and Hazard
Investigation Board (Board) shall have not more than three career Senior
Executive Service positions: Provided further, That notwithstanding any
other provision of law, the individual appointed to the position of
Inspector General of the Environmental Protection Agency (EPA) shall, by
virtue of such appointment, also hold the position of Inspector General
of the Board: Provided further, That notwithstanding any other provision
of law, the Inspector General of the Board shall utilize personnel of
the Office of Inspector General of EPA in performing the duties of the
Inspector General of the Board, and shall not appoint any individuals to
positions within the Board: Provided further, That of the funds
appropriated under this heading, $600,000 shall be for a study by the
National Academy of Sciences to examine the use and storage of methyl
isocyanate including the feasibility of implementing alternative
chemicals or processes and an examination of the cost of alternatives at
the Bayer CropScience facility in Institute, West Virginia.

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.

[[Page 2951]]
123 STAT. 2951

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, $636,161,000, to remain available until September 30, 2011,
except as otherwise provided herein; of which not to exceed $19,117,000
for the instrumentation program, collections acquisition, exhibition
reinstallation, the National Museum of African American History and
Culture, and the repatriation of skeletal remains program shall remain
available until expended; of which $1,553,000 is for fellowships and
scholarly awards; 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

[[Page 2952]]
123 STAT. 2952

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, $56,259,000, to
remain available until expended: Provided, That of this amount,
$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,

[[Page 2953]]
123 STAT. 2953

$23,000,000: Provided, That of the funds included under this heading,
$500,000 is available until expended to implement a program to train
arts managers throughout the United States.

capital repair and restoration

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

Woodrow Wilson International Center for Scholars

salaries and expenses

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

National Foundation on the Arts and the Humanities

National Endowment for the Arts

grants and administration

For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, as amended, $167,500,000 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.

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, $167,500,000, to remain
available until expended, of which $153,200,000 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

[[Page 2954]]
123 STAT. 2954

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

Commission of Fine Arts

salaries and expenses

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

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.

[[Page 2955]]
123 STAT. 2955

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, $23,200,000 shall be available to
the Presidio Trust, to remain available until expended.

Dwight D. Eisenhower Memorial Commission

salaries and expenses

For necessary expenses, including the costs of construction design,
of the Dwight D. Eisenhower Memorial Commission, $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

(including transfers of funds)

limitation on consulting services

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.

[[Page 2956]]
123 STAT. 2956

obligation of appropriations

Sec. 403.  No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.

prohibition on use of funds for personal services

Sec. 404.  None of the funds provided in this Act to any department
or agency shall be obligated or expended to provide a personal cook,
chauffeur, or other personal servants to any officer or employee of such
department or agency except as otherwise provided by law.

disclosure of administrative expenses

Sec. 405.  Estimated overhead charges, deductions, reserves or
holdbacks from programs, projects, activities and subactivities to
support government-wide, departmental, agency or bureau administrative
functions or headquarters, regional or central operations shall be
presented in annual budget justifications and subject to approval by the
Committees on Appropriations. Changes to such estimates shall be
presented to the Committees on Appropriations for approval.

giant sequoia

Sec. 406.  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.

transfer of funds authority

Sec. 407.  None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government except pursuant to a transfer made by, or transfer
provided in, this Act or any other Act.

mining applications

Sec. 408. (a) Limitation of Funds.--None of the funds appropriated
or otherwise made available pursuant to this Act shall be obligated or
expended to accept or process applications for a patent for any mining
or mill site claim located under the general mining laws.

(b) Exceptions.--The provisions of subsection (a) shall not apply if
the Secretary of the Interior determines that, for the claim concerned:
(1) a patent application was filed with the Secretary on or before
September 30, 1994; and (2) all requirements established under sections
2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or
lode claims and sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337
of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the case
may be, were fully complied with by the applicant by that date.

[[Page 2957]]
123 STAT. 2957

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

forest management plans

Sec. 410.  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.

[[Page 2958]]
123 STAT. 2958

prohibition within national monuments

Sec. 411.  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. 412.  In entering into agreements with foreign fire
organizations pursuant to the Temporary Emergency Wildfire Suppression
Act (42 U.S.C. 1856m-1856o), the Secretary of Agriculture and the
Secretary of the Interior are authorized to enter into reciprocal
agreements in which the individuals furnished under said agreements to
provide wildfire services are considered, for purposes of tort
liability, employees of the fire organization receiving said services
when the individuals are engaged in fire suppression or presuppression:
Provided, That the Secretary of Agriculture or the Secretary of the
Interior shall not enter into any agreement under this provision unless
the foreign fire organization agrees to assume any and all liability for
the acts or omissions of American firefighters engaged in fire
suppression or presuppression in a foreign country: Provided further,
That when an agreement is reached for furnishing fire suppression or
presuppression services, the only remedies for acts or omissions
committed while engaged in fire suppression or presuppression shall be
those provided under the laws applicable to the fire organization
receiving the fire suppression or presuppression services, and those
remedies shall be the exclusive remedies for any claim arising out of
fire suppression or presuppression activities in a foreign country:
Provided further, That neither the sending country nor any legal
organization associated with the firefighter shall be subject to any
legal action, consistent with the applicable laws governing sovereign
immunity, pertaining to or arising out of the firefighter's role in fire
suppression or presuppression, except that if the foreign fire
organization is unable to provide immunity under laws applicable to it,
it shall assume any and all liability for the United States or for any
legal organization associated with the American firefighter, and for any
and all costs incurred or assessed, including legal fees, for any act or
omission pertaining to or arising out of the firefighter's role in fire
suppression or presuppression.

contracting authorities

Sec. 413.  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

[[Page 2959]]
123 STAT. 2959

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.

limitation on takings

Sec. 414.  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. 415.  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. 416.  The terms and conditions of section 325 of Public Law
108-108, regarding grazing permits at the Department of the Interior and
the Forest Service shall remain in effect for fiscal year 2010.

national council on the arts membership

Sec. 417.  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''.

[[Page 2960]]
123 STAT. 2960

national capital arts and cultural affairs authorization

Sec. 418.  The item relating to ``National Capital Arts and Cultural
Affairs'' in the Department of the Interior and Related Agencies
Appropriations Act, 1986, as enacted into law by section 101(d) of
Public Law 99-190 (99 Stat. 1261; 20 U.S.C. 956a), is amended--
(1) in the second sentence of the first paragraph, by
striking ``$7,500,000'' and inserting ``$10,000,000''; and
(2) in the second sentence of the fourth paragraph, by
striking ``$500,000'' and inserting ``$650,000''.

alaska native health care services

Sec. 419. (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.

extension of forest botanical product authorities

Sec. 420.  Section 339(h) of the Department of the Interior and
Related Agencies Appropriations Act, 2000, as amended, concerning a
pilot program for the sale of forest botanical products by the Forest
Service, is further amended by striking ``September 30, 2009'' and
inserting ``September 30, 2014''.

timber sale requirements

Sec. 421.  The Forest Service shall use the residual value approach
to appraising all timber sales in Alaska's Region 10 that contain a
component of Western red cedar and shall only offer sales that contain a
component of Western red cedar that are not deficit. Western red cedar
shall be appraised using lower 48 State domestic values if the timber
might be eligible for shipment to the lower 48 States. 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 in the contiguous 48 United States. Western red cedar shall be
deemed ``surplus to the needs of domestic processors in Alaska'' if the
Forest Service determines it is surplus or if the timber sale holder has
presented to the Forest Service documentation that the Forest Service
determines is valid 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

[[Page 2961]]
123 STAT. 2961

to Alaska or to contiguous 48 United States domestic processors may be
exported to foreign markets if the Forest Service determines it is
surplus to the needs of the 50 States. All Alaska yellow cedar may be
sold at prevailing export prices if the Forest Service determines it is
surplus to the needs of the 50 States.

colorado cooperative conservation authority

Sec. 422.  Section 331(e) of the Department of the Interior and
Related Agencies Appropriations Act, 2001, (Public Law 106-291), as
added by section 336 of division E of the Consolidated Appropriations
Act, 2005 (Public Law 108-447), concerning cooperative forestry
agreements known as the Colorado Good Neighbor Act Authority is amended
by striking ``September 30, 2009'' and inserting ``September 30, 2013''.

geothermal energy receipts

Sec. 423.  All monies received by the United States in fiscal year
2010 from sales, bonuses, rentals, and royalties under the Geothermal
Steam Act of 1970 shall be disposed of as provided by section 20 of that
Act (30 U.S.C. 1019), as in effect immediately before enactment of the
Energy Policy Act of 2005 (Public Law 109-58), and without regard to the
amendments contained in sections 224(b) and section 234 of the Energy
Policy Act of 2005 (42 U.S.C. 17673).

prohibition on use of funds

Sec. 424.  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. 425.  Notwithstanding any other provision of law, none of the
funds made available in this or any other Act may be used to implement
any provision in a rule, if that provision requires mandatory reporting
of greenhouse gas emissions from manure management systems.

report on use of climate change funds

Sec. 426.  Not later than 120 days after the date on which the
President's fiscal year 2011 budget request is submitted to Congress,
the President shall submit a report to the Committee on Appropriations
of the House of Representatives and the Committee on Appropriations of
the Senate describing in detail all Federal agency obligations and
expenditures, domestic and international, for climate change programs
and activities in fiscal year 2009 and fiscal year 2010, including an
accounting of expenditures by agency with each agency identifying
climate change activities and associated costs by line item as presented
in the President's Budget Appendix.

[[Page 2962]]
123 STAT. 2962

prohibition on use of funds


Sec. 427. 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.

guantanamo bay detainees, funding restrictions

Sec. 428. (a) None of the funds made available in this or any other
Act may be used to release an individual who is detained, as of June 24,
2009, at Naval Station, Guantanamo Bay, Cuba, into the continental
United States, Alaska, Hawaii, or the District of Columbia, into any of
the United States territories of Guam, American Samoa (AS), the United
States Virgin Islands (USVI), the Commonwealth of Puerto Rico and the
Commonwealth of the Northern Mariana Islands (CNMI).
(b) None of the funds made available in this or any other Act may be
used to transfer an individual who is detained, as of June 24, 2009, at
Naval Station, Guantanamo Bay, Cuba, into the continental United States,
Alaska, Hawaii, or the District of Columbia, into any of the United
States territories of Guam, American Samoa (AS), the United States
Virgin Islands (USVI), the Commonwealth of Puerto Rico and the
Commonwealth of the Northern Mariana Islands (CNMI), for the purpose of
detention, except as provided in subsection (c).
(c) None of the funds made available in this or any other Act may be
used to transfer an individual who is detained, as of June 24, 2009, at
Naval Station, Guantanamo Bay, Cuba, into the continental United States,
Alaska, Hawaii, or the District of Columbia, into any of the United
States territories of Guam, American Samoa (AS), the United States
Virgin Islands (USVI), the Commonwealth of Puerto Rico and the
Commonwealth of the Northern Mariana Islands (CNMI), for the purposes of
prosecuting such individual, or detaining such individual during legal
proceedings, until 45 days after the plan described in subsection (d) is
received.
(d) The President shall submit to Congress, in classified form, a
plan regarding the proposed disposition of any individual covered by
subsection (c) who is detained as of June 24, 2009. Such plan shall
include, at a minimum, each of the following for each such individual:
(1) A determination of the risk that the individual might
instigate an act of terrorism within the continental United
States, Alaska, Hawaii, the District of Columbia, or the United
States territories if the individual were so transferred.
(2) A determination of the risk that the individual might
advocate, coerce, or incite violent extremism, ideologically
motivated criminal activity, or acts of terrorism, among inmate
populations at incarceration facilities within the continental
United States, Alaska, Hawaii, the District of Columbia, or the
United States territories if the individual were transferred to
such a facility.
(3) The costs associated with transferring the individual in
question.
(4) The legal rationale and associated court demands for
transfer.
(5) A plan for mitigation of any risks described in
paragraphs (1), (2), and (7).

[[Page 2963]]
123 STAT. 2963

(6) A copy of a notification to the Governor of the State to
which the individual will be transferred, to the Mayor of the
District of Columbia if the individual will be transferred to
the District of Columbia, or to any United States territories
with a certification by the Attorney General of the United
States in classified form at least 14 days prior to such
transfer (together with supporting documentation and
justification) that the individual poses little or no security
risk to the United States.
(7) An assessment of any risk to the national security of
the United States or its citizens, including members of the
Armed Services of the United States, that is posed by such
transfer and the actions taken to mitigate such risk.

(e) None of the funds made available in this or any other Act may be
used to transfer or release an individual detained at Naval Station,
Guantanamo Bay, Cuba, as of June 24, 2009, to the country of such
individual's nationality or last habitual residence or to any other
country other than the United States or to a freely associated State,
unless the President submits to the Congress, in classified form, at
least 15 days prior to such transfer or release, the following
information:
(1) The name of any individual to be transferred or released
and the country or the freely associated State to which such
individual is to be transferred or released.
(2) An assessment of any risk to the national security of
the United States or its citizens, including members of the
Armed Services of the United States, that is posed by such
transfer or release and the actions taken to mitigate such risk.
(3) The terms of any agreement with the country or the
freely associated State for the acceptance of such individual,
including the amount of any financial assistance related to such
agreement.

(f) In this section, the term ``freely associated States'' means the
Federated States of Micronesia (FSM), the Republic of the Marshall
Islands (RMI), and the Republic of Palau.

(g) Prior to the termination of detention operations at Naval
Station, Guantanamo Bay, Cuba, the President shall submit to the
Congress a report in classified form describing the disposition or legal
status of each individual detained at the facility as of the date of
enactment of this Act.

jungo disposal site evaluation

Sec. 429.  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;

[[Page 2964]]
123 STAT. 2964

(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. 430.  (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 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.

agricultural research authorization

Sec. 431.  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 ``Agricultural Research Service and the
Forest Service''; 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.''.

national forest foundation

Sec. 432.  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''.

[[Page 2965]]
123 STAT. 2965

cabin user fees


Sec. 433. Notwithstanding any other provision of law, none of the
funds made available by this or any other Act may be used by the
Secretary of Agriculture to increase a recreation residence user fee for
calendar year 2010 by more than 25 percent of the recreation residence
user fee applicable to the recreation residence for calendar year 2009.

prohibition on no-bid contracts

Sec. 434.  None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be used to enter
into any Federal contract unless such contract is entered into in
accordance with the requirements of the Federal Property and
Administrative Service Act of 1949 (41 U.S.C. 253) or chapter 137 of
title 10, United States Code, and the Federal Acquisition Regulations,
unless:
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian
tribes; or
(2) such contract is authorized by the Indian Self-
Determination and Education and Assistance Act (Public Law 93-
638, 25 U.S.C. 450 et seq., as amended) or by any other Federal
laws that specifically authorize a contract within an Indian
tribe as defined in section 4(e) of that Act (25 U.S.C.
450b(e)); or
(3) such contract was awarded prior to the date of enactment
of this Act.

posting of reports

Sec. 435. (a) Any agency receiving funds made available in this Act,
shall, subject to subsections (b) and (c), post on the public website of
that agency any report required to be submitted by the Congress in this
or any other Act, upon the determination by the head of the agency that
it shall serve the national interest.

(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.

(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee or
Committees of Congress for no less than 45 days.

national conservation area map amendment

Sec. 436.  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. 437.  (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

[[Page 2966]]
123 STAT. 2966

(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).

national endowment for the arts grant guidelines

Sec. 438.  Of the funds provided to the National Endowment for the
Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or American
Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made to
a State or local arts agency, or regional group, may be used to
make a grant to any other organization or individual to conduct
activity independent of the direct grant recipient. Nothing in
this subsection shall prohibit payments made in exchange for
goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs and/or projects.

national endowment for the arts program priorities

Sec. 439. (a) In providing services or awarding financial assistance
under the National Foundation on the Arts and the Humanities Act of 1965
from funds appropriated under this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population
of individuals, including urban minorities, who have
historically been outside the purview of arts and humanities
programs due to factors such as a high incidence of income below
the poverty line or to geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a
family of the size involved.

(c) In providing services and awarding financial assistance under
the National Foundation on the Arts and Humanities Act of 1965 with
funds appropriated by this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for

[[Page 2967]]
123 STAT. 2967

projects, productions, workshops, or programs that will encourage public
knowledge, education, understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out section 5 of
the National Foundation on the Arts and Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several
States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each grant
category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.

energy and water development, technical correction

Sec. 440.  Section 208(a)(2)(E) of the Energy and Water Development
and Related Agencies Appropriations Act, 2010 is amended by striking
``$45,000,000'' and inserting ``$5,000,000''.

awards to for-profit entities

Sec. 441.  Specific projects contained in the report of the
Committee on Appropriations of the House of Representatives accompanying
this Act (H. Rept. 111-180) that are considered congressional earmarks
for purposes of clause 9 of rule XXI of the Rules of the House of
Representatives, when intended to be awarded to a for-profit entity,
shall be awarded under a full and open competition.

prohibition on use of funds

Sec. 442.  None of the funds made available for the Environmental
Protection Agency in this Act may be expended by the Administrator of
the Environmental Protection Agency to issue a final rule that includes
fuel sulfur standards applicable to existing steamships that operate
exclusively within the Great Lakes, and their connecting and tributary
waters.

authorization for refinancing

Sec. 443.  The Administrator of the Environmental Protection Agency
shall allow the State of Mississippi to refinance the Clean Water State
Revolving Loans made to the Hancock Water and Sewer District and the
Hancock Utility Authority for a period not to exceed one year with the
payment schedule amortized over that additional period.

incorporation of congressionally requested projects

Sec. 444.  Within the amounts appropriated in this Act, funding
shall be allocated in the amounts specified for those projects and

[[Page 2968]]
123 STAT. 2968

purposes delineated in the table titled ``Incorporation of
Congressionally Requested Projects'' included in the joint explanatory
statement of the managers accompanying this Act, except that such
funding appropriated for land acquisition, construction, and capital
improvement and maintenance may be reallocated to other projects in that
table funded by the same appropriation account if such reallocation has
been approved by the House and Senate Committees on Appropriations; and,
such funding appropriated for ``National Park Service--Historic
Preservation Fund'' for Save America's Treasures grants may be
reallocated to be used for competitive grants under the Save America's
Treasures program if such reallocation has been approved by the House
and Senate Committees on Appropriations.

TITLE V--FLAME ACT OF 2009
SEC. 501. SHORT TITLE.

This title may be cited as the ``Federal Land Assistance,
Management, and Enhancement Act of 2009'' or ``FLAME Act of 2009''.
SEC. 502. FLAME WILDFIRE SUPPRESSION RESERVE FUNDS.

(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 a FLAME
Wildfire Suppression Reserve Fund established by subsection (b).
(3) Relevant congressional committees.--The term ``relevant
congressional committees'' means the Committee on
Appropriations, the Committee on Natural Resources, and the
Committee on Agriculture of the House of Representatives and the
Committee on Appropriations, the Committee on Energy and Natural
Resources, and the Committee on Indian Affairs of the Senate.
(4) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of the Interior, with respect to--
(i) Federal land described in subparagraphs
(A), (B), (C), and (D) of paragraph (1); and
(ii) the FLAME Fund established for the
Department of the Interior; and
(B) the Secretary of Agriculture, with respect to--
(i) National Forest System land; and
(ii) the FLAME Fund established for the
Department of the Agriculture.

[[Page 2969]]
123 STAT. 2969

(b) Establishment of FLAME Funds.--There is established in the
Treasury of the United States the following accounts:
(1) The FLAME Wildfire Suppression Reserve Fund for the
Department of the Interior.
(2) The FLAME Wildfire Suppression Reserve Fund for the
Department of Agriculture.

(c) Purpose of FLAME Funds.--The FLAME Funds shall be available to
cover the costs of large or complex wildfire events and as a reserve
when amounts provided for wildfire suppression and Federal emergency
response in the Wildland Fire Management appropriation accounts are
exhausted.
(d) Funding.--
(1) Credits to funds.--A FLAME Fund shall consist of the
following:
(A) Such amounts as are appropriated to that FLAME
Fund.
(B) Such amounts as are transferred to that FLAME
Fund under paragraph (5).
(2) Authorization of appropriations.--
(A) Authorization of appropriations.--There are
authorized to be appropriated to the FLAME Funds such
amounts as are necessary to carry out this section.
(B) Congressional intent.--It is the intent of
Congress that, for fiscal year 2011 and each fiscal year
thereafter, the amounts requested by the President for a
FLAME Fund should be not less than the amount estimated
by the Secretary concerned as the amount necessary for
that fiscal year for wildfire suppression activities of
the Secretary that meet the criteria specified in
subsection (e)(2)(B)(i).
(C) Sense of congress on designation of flame fund
appropriations, supplemental funding request, and
supplement to other suppression funding.--It is the
sense of Congress that for fiscal year 2011 and each
fiscal year thereafter--
(i) amounts appropriated to a FLAME Fund in
excess of the amount estimated by the Secretary
concerned as the amount necessary for that fiscal
year for wildfire suppression activities of the
Secretary that meet the criteria specified in
subsection (e)(2)(B)(i) should be designated as
amounts necessary to meet emergency needs;
(ii) the Secretary concerned should promptly
make a supplemental request for additional funds
to replenish the FLAME Fund if the Secretary
determines that the FLAME Fund will be exhausted
within 30 days; and
(iii) funding made available through the FLAME
Fund should be used to supplement the funding
otherwise appropriated to the Secretary concerned
for wildfire suppression and Federal emergency
response in the Wildland Fire Management
appropriation accounts.
(3) Availability.--Amounts in a FLAME Fund shall remain
available to the Secretary concerned until expended.
(4) Notice of insufficient funds.--The Secretary concerned
shall notify the relevant congressional committees if

[[Page 2970]]
123 STAT. 2970

the Secretary estimates that only 60 days worth of funds remain
in the FLAME Fund administered by that Secretary.
(5) Transfer authority.--If a FLAME Fund has insufficient
funds, the Secretary concerned administering the other FLAME
Fund may transfer amounts to the FLAME Fund with insufficient
funds. Not more than $100,000,000 may be transferred from a
FLAME Fund during any fiscal year under this authority.

(e) Use of FLAME Fund.--
(1) In general.--Subject to paragraphs (2) and (3), amounts
in a FLAME Fund shall be available to the Secretary concerned to
transfer to the Wildland Fire Management appropriation account
of that Secretary to pay the costs of wildfire suppression
activities of that Secretary that are separate from amounts for
wildfire suppression activities annually appropriated to that
Secretary under the Wildland Fire Management appropriation
account of that Secretary.
(2) Declaration required.--
(A) In general.--Amounts in a FLAME Fund shall be
available for transfer under paragraph (1) only after
that Secretary concerned issues a declaration that a
wildfire suppression event is eligible for funding from
the FLAME Fund.
(B) Declaration criteria.--A declaration by the
Secretary concerned 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; or
(II) the Secretary concerned
determines 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 and Federal emergency response
activities for the Secretary concerned will
exceed, within 30 days, all of the amounts
previously appropriated (including amounts
appropriated under an emergency designation, but
excluding amounts appropriated to the FLAME Fund)
to the Secretary concerned for wildfire
suppression and Federal emergency response.
(3) State, private, and tribal land.--Use of a 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.--For fiscal
year 2011 and subsequent fiscal years, the Secretary concerned shall
request funds within the Wildland Fire Management appropriation account
of that Secretary for regular wildfire suppression activities that do
not meet the criteria specified in subsection (e)(2)(B)(i).
(g) Prohibition on Other Transfers.--The Secretary concerned may not
transfer funds from non-fire accounts to the Wildland Fire Management
appropriation account of that Secretary unless amounts in the FLAME Fund
of that Secretary and any

[[Page 2971]]
123 STAT. 2971

amounts appropriated to that Secretary for the purpose of wildfire
suppression will be exhausted within 30 days.

(h) Accounting and Reports.--
(1) Accounting and reporting requirements.--The Secretary
concerned shall account and report on amounts transferred from
the respective FLAME Fund in a manner that is consistent with
existing National Fire Plan reporting procedures.
(2) Annual report.--The Secretary concerned shall submit to
the relevant congressional committees and make available to the
public an annual report that--
(A) describes the obligation and expenditure of
amounts transferred from the FLAME Fund; and
(B) includes any recommendations that the Secretary
concerned 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 Secretary concerned
shall submit to the relevant congressional committees an
estimate of anticipated wildfire suppression costs for
the applicable fiscal year.
(B) Independent review.--The methodology for
developing the estimates under subparagraph (A) shall be
subject to periodic independent review to ensure
compliance with subparagraph (D).
(C) Schedule.--The Secretary concerned shall submit
an estimate under subparagraph (A) during--
(i) the first week of March of each year;
(ii) the first week of May 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 of the Secretary
concerned to use the FLAME Fund established for that Secretary shall
terminate at the end of the third fiscal year in which no appropriations
to, or withdrawals from, that FLAME Fund have been made for a period of
three consecutive fiscal years. Upon termination of such authority, any
amounts remaining in the affected FLAME Fund shall be transferred to,
and made a part of, the Wildland Fire Management appropriation account
of the Secretary concerned for wildland suppression activities.
SEC. 503. COHESIVE WILDFIRE MANAGEMENT STRATEGY.

(a) Strategy Required.--Not later than one 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

[[Page 2972]]
123 STAT. 2972

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 five-year period beginning
on the date of the submission of the cohesive wildfire management
strategy under subsection (a), the Secretary of the Interior and the
Secretary of Agriculture shall revise the strategy to address any
changes affecting the strategy, including changes with respect to
landscape, vegetation, climate, and weather.

This division may be cited as the ``Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2010''.

DIVISION B--FURTHER CONTINUING APPROPRIATIONS, 2010

Sec. 101.  The Continuing Appropriations Resolution, 2010 (division
B of Public Law 111-68) is amended by striking the date specified in
section 106(3) and inserting ``December 18, 2009''.

Sec. 102.  Section 129 of the Continuing Appropriations Resolution,
2010 (division B of Public Law 111-68) is amended by striking ``2009''
and inserting ``2008'', and such amendment shall apply as if included in
such public law on the date of its enactment.

Sec. 103.  Subsections (c)(1) and (e)(3) of section 9503, and
subparagraphs (A), (B), and (C) of section 9504(b)(2), of the Internal
Revenue Code of 1986 are each amended by inserting ``the last amendment
to'' after ``on the date of the enactment of''.

Sec. 104.  The Continuing Appropriations Resolution, 2010 (division
B of Public Law 111-68) is amended by adding after section 164 the
following new sections:

``Sec. 165.  In addition to amounts provided in section 101, amounts
are provided for `Small Business Administration--Business Loans Program
Account', for the cost (as defined in section 502 of the Congressional
Budget Act of 1974) of guaranteed loans as authorized by section 7(a) of
the Small Business Act, at a rate for operations of $80,000,000.
``Sec. 166. (a) Loan Limit Floor Based on 2008 Levels.--For
mortgages for which the mortgagee issues credit approval for the
borrower during calendar year 2010, if the dollar amount limitation on
the principal obligation of a mortgage determined under section
203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)) for any
size residence for any area is less than such dollar amount limitation
that was in effect for such size residence for such area for 2008
pursuant to section 202 of the Economic Stimulus Act of 2008 (Public Law
110-185; 122 Stat. 620), notwithstanding any

[[Page 2973]]
123 STAT. 2973

other provision of law or of this joint resolution, the maximum dollar
amount limitation on the principal obligation of a mortgage for such
size residence for such area for purposes of such section 203(b)(2)
shall be considered (except for purposes of section 255(g) of such Act
(12 U.S.C.1715z-20(g))) to be such dollar amount limitation in effect
for such size residence for such area for 2008.
``(b) Discretionary Authority for Sub-Areas.--Notwithstanding any
other provision of law or of this joint resolution, if the Secretary of
Housing and Urban Development determines, for any geographic area that
is smaller than an area for which dollar amount limitations on the
principal obligation of a mortgage are determined under section
203(b)(2) of the National Housing Act, that a higher such maximum dollar
amount limitation is warranted for any particular size or sizes of
residences in such sub-area by higher median home prices in such sub-
area, the Secretary may, for mortgages for which the mortgagee issues
credit approval for the borrower during calendar year 2010, increase the
maximum dollar amount limitation for such size or sizes of residences
for such sub-area that is otherwise in effect (including pursuant to
subsection (a) of this section), but in no case to an amount that
exceeds the amount specified in section 202(a)(2) of the Economic
Stimulus Act of 2008.
``Sec. 167. (a) Loan Limit Floor Based on 2008 Levels.--For
mortgages originated during calendar year 2010, if the limitation on the
maximum original principal obligation of a mortgage that may be
purchased by the Federal National Mortgage Association or the Federal
Home Loan Mortgage Corporation determined under section 302(b)(2) of the
Federal National Mortgage Association Charter Act (12 U.S.C. 1717(b)(2))
or section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act
(12 U.S.C.1754(a)(2)) respectively, for any size residence for any area
is less than such maximum original principal obligation limitation that
was in effect for such size residence for such area for 2008 pursuant to
section 201 of the Economic Stimulus Act of 2008 (Public Law 110-185;
122 Stat. 619), notwithstanding any other provision of law or of this
joint resolution, the limitation on the maximum original principal
obligation of a mortgage for such Association and Corporation for such
size residence for such area shall be such maximum limitation in effect
for such size residence for such area for 2008.
``(b) Discretionary Authority for Sub-Areas.--Notwithstanding any
other provision of law or of this joint resolution, if the Director of
the Federal Housing Finance Agency determines, for any geographic area
that is smaller than an area for which limitations on the maximum
original principal obligation of a mortgage are determined for the
Federal National Mortgage Association or the Federal Home Loan Mortgage
Corporation, that a higher such maximum original principal obligation
limitation is warranted for any particular size or sizes of residences
in such sub-area by higher median home prices in such sub-area, the
Director may, for mortgages originated during calendar year 2010,
increase the maximum original principal obligation limitation for such
size or sizes of residences for such sub-area that is otherwise in
effect (including pursuant to subsection (a) of this section) for such
Association and Corporation, but in no case to an amount that exceeds
the amount specified in the matter following the comma in section
201(a)(l)(B) of the Economic Stimulus Act of 2008.

[[Page 2974]]
123 STAT. 2974

``Sec. 168.  Notwithstanding any other provision of this joint
resolution, for mortgages for which the mortgagee issues credit approval
for the borrower during calendar year 2010, the second sentence of
section 255(g) of the National Housing Act (12 U.S.C. 1715z-20(g)) shall
be considered to require that in no case may the benefits of insurance
under such section 255 exceed 150 percent of the maximum dollar amount
in effect under the sixth sentence of section 305(a)(2) of the Federal
Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)).
``Sec. 169.  Notwithstanding any other provision of this joint
resolution, other than section 106, up to $200,000,000 of the funds
provided by Public Law 111-8 that are available on October 1, 2009, in
the `Tenant-Based Rental Assistance' account may be available to adjust
allocations for public housing agencies to prevent termination of
assistance to families.''.

Approved October 30, 2009.

LEGISLATIVE HISTORY--H.R. 2996:
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HOUSE REPORTS: Nos. 111-180 (Comm. on Appropriations) and 111-316
(Comm. of Conference).
SENATE REPORTS: No. 111-38 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 155 (2009):
June 25, 26, considered and passed House.
Sept. 17, 21-24, considered and passed Senate, amended.
Oct. 29, House and Senate agreed to conference report.