110TH CONGRESS 

1ST SESSION H. R. 2643 

AN ACT 

Making appropriations for the Department of the Interior, 

environment, and related agencies for the fiscal year 

ending September 30, 2008, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated, for the 

3 Department of the Interior, environment, and related 

4 agencies for the fiscal year ending September 30, 2008, 

5 and for other purposes, namely: 

6 TITLE I—DEPARTMENT OF THE INTERIOR 

7 BUREAU OF LAND MANAGEMENT

8 MANAGEMENT OF LANDS AND RESOURCES

9 For necessary expenses for protection, use, improve10 ment, development, disposal, cadastral surveying, classi11 fication, acquisition of easements and other interests in 

12 lands, and performance of other functions, including main13 tenance of facilities, as authorized by law, in the manage14 ment of lands and their resources under the jurisdiction 

15 of the Bureau of Land Management, including the general 

16 administration of the Bureau, and assessment of mineral 

17 potential of public lands pursuant to Public Law 96–487 

18 (16 U.S.C. 3150(a)), $888,628,000, to remain available 

19 until expended, of which not to exceed $92,129,000 is 

20 available for oil and gas management; and of which 

21 $1,500,000 is for high priority projects, to be carried out 

22 by the Youth Conservation Corps; and of which 

23 $2,800,000 shall be available in fiscal year 2008 subject 

24 to a match by at least an equal amount by the National 

25 Fish and Wildlife Foundation for cost-shared projects sup-
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1 porting conservation of Bureau lands; and such funds 

2 shall be advanced to the Foundation as a lump sum grant 

3 without regard to when expenses are incurred. 

4 In addition, $20,000,000 is for the processing of ap5 plications for permit to drill and related use authoriza6 tions, to remain available until expended, to be reduced 

7 by amounts collected by the Bureau and credited to this 

8 appropriation that shall be derived from $1,866 per new 

9 application for permit to drill that the Bureau shall collect 

10 upon submission of each new application, and in addition, 

11 $34,696,000 is for Mining Law Administration program 

12 operations, including the cost of administering the mining 

13 claim fee program; to remain available until expended, to 

14 be reduced by amounts collected by the Bureau and cred15 ited to this appropriation from annual mining claim fees 

16 so as to result in a final appropriation estimated at not 

17 more than $888,628,000, and $2,000,000, to remain 

18 available until expended, from communication site rental 

19 fees established by the Bureau for the cost of admin20 istering communication site activities. 

21 CONSTRUCTION

22 For construction of buildings, recreation facilities, 

23 roads, trails, and appurtenant facilities, $6,476,000 to re24 main available until expended. 
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1 LAND ACQUISITION

2 For expenses necessary to carry out sections 205, 

3 206, and 318(d) of Public Law 94–579, including admin4 istrative expenses and acquisition of lands or waters, or 

5 interests therein, $18,634,000 to be derived from the 

6 Land and Water Conservation Fund and to remain avail7 able until expended. 

8 OREGON AND CALIFORNIA GRANT LANDS

9 For expenses necessary for management, protection, 

10 and development of resources and for construction, oper11 ation, and maintenance of access roads, reforestation, and 

12 other improvements on the revested Oregon and California 

13 Railroad grant lands, on other Federal lands in the Or14 egon and California land-grant counties of Oregon, and 

15 on adjacent rights-of-way; and acquisition of lands or in16 terests therein, including existing connecting roads on or 

17 adjacent to such grant lands; $110,242,000, to remain 

18 available until expended: Provided, That 25 percent of the 

19 aggregate of all receipts during the current fiscal year 

20 from the revested Oregon and California Railroad grant 

21 lands is hereby made a charge against the Oregon and 

22 California land-grant fund and shall be transferred to the 

23 General Fund in the Treasury in accordance with the sec24 ond paragraph of subsection (b) of title II of the Act of 

25 August 28, 1937 (50 Stat. 876). 
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1 FOREST ECOSYSTEM HEALTH AND RECOVERY FUND

2 (REVOLVING FUND, SPECIAL ACCOUNT) 

3 In addition to the purposes authorized in Public Law 

4 102–381, funds made available in the Forest Ecosystem 

5 Health and Recovery Fund can be used for the purpose 

6 of planning, preparing, implementing and monitoring sal7 vage timber sales and forest ecosystem health and recovery 

8 activities, such as release from competing vegetation and 

9 density control treatments. The Federal share of receipts 

10 (defined as the portion of salvage timber receipts not paid 

11 to the counties under 43 U.S.C. 1181f and 43 U.S.C. 

12 1181f–1 et seq., and Public Law 106–393) derived from 

13 treatments funded by this account shall be deposited into 

14 the Forest Ecosystem Health and Recovery Fund. 

15 RANGE IMPROVEMENTS

16 For rehabilitation, protection, and acquisition of 

17 lands and interests therein, and improvement of Federal 

18 rangelands pursuant to section 401 of the Federal Land 

19 Policy and Management Act of 1976 (43 U.S.C. 1701), 

20 notwithstanding any other Act, sums equal to 50 percent 

21 of all moneys received during the prior fiscal year under 

22 sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 

23 315 et seq.) and the amount designated for range improve24 ments from grazing fees and mineral leasing receipts from 

25 Bankhead-Jones lands transferred to the Department of 
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1 the Interior pursuant to law, but not less than 

2 $10,000,000, to remain available until expended: Pro3 vided, That not to exceed $600,000 shall be available for 

4 administrative expenses. 

5 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

6 For administrative expenses and other costs related 

7 to processing application documents and other authoriza8 tions for use and disposal of public lands and resources, 

9 for costs of providing copies of official public land docu10 ments, for monitoring construction, operation, and termi11 nation of facilities in conjunction with use authorizations, 

12 and for rehabilitation of damaged property, such amounts 

13 as may be collected under Public Law 94–579, as amend14 ed, and Public Law 93–153, to remain available until ex15 pended: Provided, That, notwithstanding any provision to 

16 the contrary of section 305(a) of Public Law 94–579 (43 

17 U.S.C. 1735(a)), any moneys that have been or will be 

18 received pursuant to that section, whether as a result of 

19 forfeiture, compromise, or settlement, if not appropriate 

20 for refund pursuant to section 305(c) of that Act (43 

21 U.S.C. 1735(c)), shall be available and may be expended 

22 under the authority of this Act by the Secretary to im23 prove, protect, or rehabilitate any public lands adminis24 tered through the Bureau of Land Management which 

25 have been damaged by the action of a resource developer, 
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1 purchaser, permittee, or any unauthorized person, without 

2 regard to whether all moneys collected from each such ac3 tion are used on the exact lands damaged which led to 

4 the action: Provided further, That any such moneys that 

5 are in excess of amounts needed to repair damage to the 

6 exact land for which funds were collected may be used to 

7 repair other damaged public lands. 

8 MISCELLANEOUS TRUST FUNDS

9 In addition to amounts authorized to be expended 

10 under existing laws, there is hereby appropriated such 

11 amounts as may be contributed under section 307 of the 

12 Act of October 21, 1976 (43 U.S.C. 1701), and such 

13 amounts as may be advanced for administrative costs, sur14 veys, appraisals, and costs of making conveyances of omit15 ted lands under section 211(b) of that Act, to remain 

16 available until expended. 

17 WILDLAND FIRE MANAGEMENT

18 (INCLUDING TRANSFER OF FUNDS) 

19 For necessary expenses for fire preparedness, sup20 pression operations, fire science and research, emergency 

21 rehabilitation and hazardous fuels reduction by the De22 partment of the Interior, $806,644,000, to remain avail23 able until expended, of which not to exceed $4,000,000 

24 shall be for the renovation or construction of fire facilities: 

25 Provided, That such funds are also available for repay-
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1 ment of advances to other appropriation accounts from 

2 which funds were previously transferred for such purposes: 

3 Provided further, That persons hired pursuant to 43 

4 U.S.C. 1469 may be furnished subsistence and lodging 

5 without cost from funds available from this appropriation: 

6 Provided further, That notwithstanding 42 U.S.C. 1856d, 

7 sums received by a bureau or office of the Department 

8 of the Interior for fire protection rendered pursuant to 42 

9 U.S.C. 1856 et seq., protection of United States property, 

10 may be credited to the appropriation from which funds 

11 were expended to provide that protection, and are avail12 able without fiscal year limitation: Provided further, That 

13 using the amounts designated under this title of this Act, 

14 the Secretary of the Interior may enter into procurement 

15 contracts, grants, or cooperative agreements, for haz16 ardous fuels reduction activities, and for training and 

17 monitoring associated with such hazardous fuels reduction 

18 activities, on Federal land, or on adjacent non-Federal 

19 land for activities that benefit resources on Federal land: 

20 Provided further, That the costs of implementing any co21 operative agreement between the Federal Government and 

22 any non-Federal entity may be shared, as mutually agreed 

23 on by the affected parties: Provided further, That notwith24 standing requirements of the Competition in Contracting 

25 Act, the Secretary, for purposes of hazardous fuels reduc-
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1 tion activities, may obtain maximum practicable competi2 tion among: (1) local private, nonprofit, or cooperative en3 tities; (2) Youth Conservation Corps crews, Public Lands 

4 Corps (Public Law 109–154), or related partnerships with 

5 State, local, or non-profit youth groups; (3) small or 

6 micro-businesses; or (4) other entities that will hire or 

7 train locally a significant percentage, defined as 50 per8 cent or more, of the project workforce to complete such 

9 contracts: Provided further, That in implementing this sec10 tion, the Secretary shall develop written guidance to field 

11 units to ensure accountability and consistent application 

12 of the authorities provided herein: Provided further, That 

13 funds appropriated under this head may be used to reim14 burse the United States Fish and Wildlife Service and the 

15 National Marine Fisheries Service for the costs of carrying 

16 out their responsibilities under the Endangered Species 

17 Act of 1973 (16 U.S.C. 1531 et seq.) to consult and con18 ference, as required by section 7 of such Act, in connection 

19 with wildland fire management activities: Provided further, 

20 That the Secretary of the Interior and the Secretary of 

21 Agriculture may authorize the transfer of funds appro22 priated for wildland fire management, in an aggregate 

23 amount not to exceed $9,000,000, between the Depart24 ments when such transfers would facilitate and expedite 

25 jointly funded wildland fire management programs and 
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1 projects: Provided further, That funds provided for wildfire 

2 suppression shall be available for support of Federal emer3 gency response actions. 

4 ADMINISTRATIVE PROVISIONS

5 Appropriations for the Bureau of Land Management 

6 shall be available for purchase, erection, and dismantle7 ment of temporary structures, and alteration and mainte8 nance of necessary buildings and appurtenant facilities to 

9 which the United States has title; up to $100,000 for pay10 ments, at the discretion of the Secretary, for information 

11 or evidence concerning violations of laws administered by 

12 the Bureau; miscellaneous and emergency expenses of en13 forcement activities authorized or approved by the Sec14 retary and to be accounted for solely on the Secretary’s 

15 certificate, not to exceed $10,000: Provided, That notwith16 standing 44 U.S.C. 501, the Bureau may, under coopera17 tive cost-sharing and partnership arrangements author18 ized by law, procure printing services from cooperators in 

19 connection with jointly produced publications for which 

20 the cooperators share the cost of printing either in cash 

21 or in services, and the Bureau determines the cooperator 

22 is capable of meeting accepted quality standards. 

23 Section 28 of title 30, United States Code, is amend24 ed: (1) in section 28 by striking the phrase ‘‘shall com25 mence at 12 o’clock meridian on the 1st day of Sep-
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1 tember’’ and inserting ‘‘shall commence at 12:01 ante me2 ridian on the 1st day of September’’; (2) in section 28f(a), 

3 by striking the phrase ‘‘for years 2004 through 2008’’; 

4 and (3) in section 28g, by striking the phrase ‘‘and before 

5 September 30, 2008,’’. 

6 Sums not to exceed one percent of the total value of 

7 procurements received by the Bureau of Land Manage8 ment from vendors under enterprise information tech9 nology-procurements that the Department of the Interior 

10 and other Federal Government agencies may use to order 

11 information technology hereafter may be deposited into 

12 the Management of Lands and Resources account to offset 

13 costs incurred in conducting the procurement. 

14 UNITED STATES FISH AND WILDLIFE SERVICE

15 RESOURCE MANAGEMENT

16 For necessary expenses of the United States Fish and 

17 Wildlife Service, as authorized by law, and for scientific 

18 and economic studies, maintenance of the herd of long19 horned cattle on the Wichita Mountains Wildlife Refuge, 

20 general administration, and for the performance of other 

21 authorized functions related to such resources by direct 

22 expenditure, contracts, grants, cooperative agreements 

23 and reimbursable agreements with public and private enti24 ties, $1,104,572,000, to remain available until September 

25 30, 2009 except as otherwise provided herein: Provided, 
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1 That $2,500,000 is for high priority projects, which shall 

2 be carried out by the Youth Conservation Corps: Provided 

3 further, That not to exceed $18,763,000 shall be used for 

4 implementing subsections (a), (b), (c), and (e) of section 

5 4 of the Endangered Species Act, as amended, for species 

6 that are indigenous to the United States (except for proc7 essing petitions, developing and issuing proposed and final 

8 regulations, and taking any other steps to implement ac9 tions described in subsection (c)(2)(A), (c)(2)(B)(i), or 

10 (c)(2)(B)(ii)), of which not to exceed $12,926,000 shall 

11 be used for any activity regarding the designation of crit12 ical habitat, pursuant to subsection (a)(3), excluding liti13 gation support, for species listed pursuant to subsection 

14 (a)(1) prior to October 1, 2007: Provided further, That 

15 of the amount available for law enforcement, up to 

16 $400,000, to remain available until expended, may at the 

17 discretion of the Secretary be used for payment for infor18 mation, rewards, or evidence concerning violations of laws 

19 administered by the Service, and miscellaneous and emer20 gency expenses of enforcement activity, authorized or ap21 proved by the Secretary and to be accounted for solely on 

22 the Secretary’s certificate: Provided further, That of the 

23 amount provided for environmental contaminants, up to 

24 $1,000,000 may remain available until expended for con25 taminant sample analyses. 
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1 CONSTRUCTION

2 For construction, improvement, acquisition, or re3 moval of buildings and other facilities required in the con4 servation, management, investigation, protection, and uti5 lization of fishery and wildlife resources, and the acquisi6 tion of lands and interests therein; $31,653,000, to remain 

7 available until expended. 

8 LAND ACQUISITION

9 For expenses necessary to carry out the Land and 

10 Water Conservation Fund Act of 1965, as amended (16 

11 U.S.C. 460l–4 through 11), including administrative ex12 penses, and for acquisition of land or waters, or interest 

13 therein, in accordance with statutory authority applicable 

14 to the United States Fish and Wildlife Service, 

15 $43,046,000, to be derived from the Land and Water Con16 servation Fund and to remain available until expended: 

17 Provided, That none of the funds appropriated for specific 

18 land acquisition projects can be used to pay for any ad19 ministrative overhead, planning or other management 

20 costs. 

21 COOPERATIVE ENDANGERED SPECIES CONSERVATION

22 FUND

23 For expenses necessary to carry out section 6 of the 

24 Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), 
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1 as amended, $81,001,000, to remain available until ex2 pended. 

3 NATIONAL WILDLIFE REFUGE FUND

4 For expenses necessary to implement the Act of Octo5 ber 17, 1978 (16 U.S.C. 715s), $14,202,000. 

6 NORTH AMERICAN WETLANDS CONSERVATION FUND

7 For expenses necessary to carry out the provisions 

8 of the North American Wetlands Conservation Act, as 

9 amended, (16 U.S.C. 4401–4414), $42,646,000 to remain 

10 available until expended. 

11 NEOTROPICAL MIGRATORY BIRD CONSERVATION

12 For expenses necessary to carry out the Neotropical 

13 Migratory Bird Conservation Act, as amended (16 U.S.C. 

14 6101 et seq.), $5,000,000, to remain available until ex15 pended. 

16 MULTINATIONAL SPECIES CONSERVATION FUND

17 For expenses necessary to carry out the African Ele18 phant Conservation Act (16 U.S.C. 4201–4203, 4211– 

19 4213, 4221–4225, 4241–4245, and 1538), the Asian Ele20 phant Conservation Act of 1997 (16 U.S.C. 4261–4266), 

21 the Rhinoceros and Tiger Conservation Act of 1994 (16 

22 U.S.C. 5301–5306), the Great Ape Conservation Act of 

23 2000 (16 U.S.C. 6301–6305), and the Marine Turtle Con24 servation Act of 2004 (16 U.S.C. 6301–6305), 

25 $10,000,000, to remain available until expended. 
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1 STATE AND TRIBAL WILDLIFE GRANTS

2 For wildlife conservation grants to States and to the 

3 District of Columbia, Puerto Rico, Guam, the United 

4 States Virgin Islands, the Northern Mariana Islands, 

5 American Samoa, and federally-recognized Indian tribes 

6 under the provisions of the Fish and Wildlife Act of 1956 

7 and the Fish and Wildlife Coordination Act, for the devel8 opment and implementation of programs for the benefit 

9 of wildlife and their habitat, including species that are not 

10 hunted or fished, $85,000,000, to remain available until 

11 expended: Provided, That of the amount provided herein, 

12 $7,000,000 is for a competitive grant program for Indian 

13 tribes not subject to the remaining provisions of this ap14 propriation: Provided further, That $5,000,000 is for a 

15 competitive grant program for States, territories, and 

16 other jurisdictions with approved plans, not subject to the 

17 remaining provisions of this appropriation: Provided fur18 ther, That the Secretary shall, after deducting said 

19 $12,000,000 and administrative expenses, apportion the 

20 amount provided herein in the following manner: (1) to 

21 the District of Columbia and to the Commonwealth of 

22 Puerto Rico, each a sum equal to not more than one-half 

23 of 1 percent thereof; and (2) to Guam, American Samoa, 

24 the United States Virgin Islands, and the Commonwealth 

25 of the Northern Mariana Islands, each a sum equal to not 
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1 more than one-fourth of 1 percent thereof: Provided fur2 ther, That the Secretary shall apportion the remaining 

3 amount in the following manner: (1) one-third of which 

4 is based on the ratio to which the land area of such State 

5 bears to the total land area of all such States; and (2) 

6 two-thirds of which is based on the ratio to which the pop7 ulation of such State bears to the total population of all 

8 such States: Provided further, That the amounts appor9 tioned under this paragraph shall be adjusted equitably 

10 so that no State shall be apportioned a sum which is less 

11 than 1 percent of the amount available for apportionment 

12 under this paragraph for any fiscal year or more than 5 

13 percent of such amount: Provided further, That the Fed14 eral share of planning grants shall not exceed 75 percent 

15 of the total costs of such projects and the Federal share 

16 of implementation grants shall not exceed 50 percent of 

17 the total costs of such projects: Provided further, That the 

18 non-Federal share of such projects may not be derived 

19 from Federal grant programs: Provided further, That no 

20 State, territory, or other jurisdiction shall receive a grant 

21 if its comprehensive wildlife conservation plan is dis22 approved and such funds that would have been distributed 

23 to such State, territory, or other jurisdiction shall be dis24 tributed equitably to States, territories, and other jurisdic25 tions with approved plans: Provided further, That any 
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1 amount apportioned in 2008 to any State, territory, or 

2 other jurisdiction that remains unobligated as of Sep3 tember 30, 2009, shall be reapportioned, together with 

4 funds appropriated in 2010, in the manner provided here5 in. 

6 ADMINISTRATIVE PROVISIONS

7 Appropriations and funds available to the United 

8 States Fish and Wildlife Service shall be available for re9 pair of damage to public roads within and adjacent to res10 ervation areas caused by operations of the Service; options 

11 for the purchase of land at not to exceed $1 for each op12 tion; facilities incident to such public recreational uses on 

13 conservation areas as are consistent with their primary 

14 purpose; and the maintenance and improvement of aquar15 ia, buildings, and other facilities under the jurisdiction of 

16 the Service and to which the United States has title, and 

17 which are used pursuant to law in connection with man18 agement, and investigation of fish and wildlife resources: 

19 Provided, That notwithstanding 44 U.S.C. 501, the Serv20 ice may, under cooperative cost sharing and partnership 

21 arrangements authorized by law, procure printing services 

22 from cooperators in connection with jointly produced pub23 lications for which the cooperators share at least one-half 

24 the cost of printing either in cash or services and the Serv25 ice determines the cooperator is capable of meeting accept-
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1 ed quality standards: Provided further, That, notwith2 standing any other provision of law, the Service may use 

3 up to $2,000,000 from funds provided for contracts for 

4 employment-related legal services: Provided further, That 

5 the Service may accept donated aircraft as replacements 

6 for existing aircraft: Provided further, That, notwith7 standing any other provision of law, the Secretary of the 

8 Interior may not spend any of the funds appropriated in 

9 this Act for the purchase of lands or interests in lands 

10 to be used in the establishment of any new unit of the 

11 National Wildlife Refuge System unless the purchase is 

12 approved in advance by the House and Senate Committees 

13 on Appropriations in compliance with the reprogramming 

14 procedures contained in the statement of the managers ac15 companying this Act. 

16 NATIONAL PARK SERVICE

17 OPERATION OF THE NATIONAL PARK SYSTEM

18 For expenses necessary for the management, oper19 ation, and maintenance of areas and facilities adminis20 tered by the National Park Service (including expenses to 

21 carry out programs of the United States Park Police), and 

22 for the general administration of the National Park Serv23 ice, $2,046,809,000 (reduced by $1,000,000) (increased 

24 by $1,000,000) (increased by $1,000,000), of which 

25 $9,965,000 is for planning and interagency coordination 
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1 in support of Everglades restoration and shall remain 

2 available until expended; of which $100,164,000, to re3 main available until September 30, 2009, is for mainte4 nance, repair or rehabilitation projects for constructed as5 sets, operation of the National Park Service automated fa6 cility management software system, environmental stud7 ies, and comprehensive facility condition assessments; and 

8 of which $4,000,000 shall be for the Youth Conservation 

9 Corps and the Public Lands Corps (Public Law 109–154) 

10 for high priority projects. 

11 CENTENNIAL CHALLENGE

12 For expenses necessary to carry out provisions of sec13 tion 814(g) of Public Law 104–333 relating to challenge 

14 cost share agreements, $50,000,000, to remain available 

15 until expended for Centennial Challenge signature projects 

16 and programs: Provided, That not less than 50 percent 

17 of the total cost of each project or program is derived from 

18 non-Federal sources in the form of donated cash, assets, 

19 in-kind services, or a pledge of donation guaranteed by 

20 an irrevocable letter of credit. 

21 NATIONAL RECREATION AND PRESERVATION

22 For expenses necessary to carry out recreation pro23 grams, natural programs, cultural programs, heritage 

24 partnership programs, environmental compliance and re25 view, international park affairs, statutory or contractual 
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1 aid for other activities, and grant administration, not oth2 erwise provided for, $62,881,000. 

3 HISTORIC PRESERVATION FUND

4 (INCLUDING TRANSFERS OF FUNDS) 

5 For expenses necessary in carrying out the Historic 

6 Preservation Act of 1966, as amended (16 U.S.C. 470), 

7 and the Omnibus Parks and Public Lands Management 

8 Act of 1996 (Public Law 104–333), $81,500,000, to be 

9 derived from the Historic Preservation Fund and to re10 main available until September 30, 2009; of which 

11 $20,000,000 shall be for Save America’s Treasures for 

12 preservation of nationally significant sites, structures, and 

13 artifacts and of which $10,000,000 shall be for Preserve 

14 America grants to States, Tribes, and local communities 

15 for projects that preserve important historic resources 

16 through the promotion of heritage tourism: Provided, That 

17 any individual Save America’s Treasures or Preserve 

18 America grant shall be matched by non-Federal funds; in19 dividual projects shall only be eligible for one grant; and 

20 all projects to be funded shall be approved by the Sec21 retary of the Interior in consultation with the House and 

22 Senate Committees on Appropriations: Provided further, 

23 That Save America’s Treasures funds allocated for Fed24 eral projects, following approval, shall be available by 

25 transfer to appropriate accounts of individual agencies. 
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1 CONSTRUCTION

2 For construction, improvements, repair or replace3 ment of physical facilities, including the modifications au4 thorized by section 104 of the Everglades National Park 

5 Protection and Expansion Act of 1989, $201,580,000, to 

6 remain available until expended: Provided, That funds pro7 vided under this heading for implementation of modified 

8 water deliveries to Everglades National Park shall be ex9 pended consistent with the requirements of the fifth pro10 viso under this heading in Public Law 108–108: Provided 

11 further, That funds provided under this heading for imple12 mentation of modified water deliveries to Everglades Na13 tional Park shall be available for obligation only if match14 ing funds are appropriated to the Army Corps of Engi15 neers for the same purpose: Provided further, That none 

16 of the funds provided under this heading for implementa17 tion of modified water deliveries to Everglades National 

18 Park shall be available for obligation if any of the funds 

19 appropriated to the Army Corps of Engineers for the pur20 pose of implementing modified water deliveries, including 

21 finalizing detailed engineering and design documents for 

22 a bridge or series of bridges for the Tamiami Trail compo23 nent of the project, becomes unavailable for obligation. 
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1 LAND AND WATER CONSERVATION FUND

2 (RESCISSION) 

3 The contract authority provided for fiscal year 2008 

4 by 16 U.S.C. 460l–10a is rescinded. 

5 LAND ACQUISITION AND STATE ASSISTANCE

6 For expenses necessary to carry out the Land and 

7 Water Conservation Act of 1965, as amended (16 U.S.C. 

8 460l–4 through 11), including administrative expenses, 

9 and for acquisition of lands or waters, or interest therein, 

10 in accordance with the statutory authority applicable to 

11 the National Park Service, $99,402,000, to be derived 

12 from the Land and Water Conservation Fund and to re13 main available until expended, of which $50,000,000 is for 

14 the State assistance program. 

15 ADMINISTRATIVE PROVISIONS

16 If the Secretary of the Interior considers that the de17 cision of any value determination proceeding conducted 

18 under a National Park Service concession contract issued 

19 prior to November 13, 1998, misinterprets or misapplies 

20 relevant contractual requirements or their underlying legal 

21 authority, then the Secretary may seek, within 180 days 

22 of any such decision, the de novo review of the value deter23 mination by the United States Court of Federal Claims. 

24 This court may make an order affirming, vacating, modi25 fying or correcting the determination. 
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1 In addition to other uses set forth in section 407(d) 

2 of Public Law 105–391, franchise fees credited to a sub3 account shall be available for expenditure by the Sec4 retary, without further appropriation, for use at any unit 

5 within the National Park System to extinguish or reduce 

6 liability for possessory interest or leasehold surrender in7 terest. Such funds may only be used for this purpose to 

8 the extent that the benefiting unit anticipated franchise 

9 fee receipts over the term of the contract at that unit ex10 ceed the amount of funds used to extinguish or reduce 

11 liability. Franchise fees at the benefiting unit shall be 

12 credited to the sub-account of the originating unit over 

13 a period not to exceed the term of a single contract at 

14 the benefiting unit, in the amount of funds so expended 

15 to extinguish or reduce liability. 

16 A willing seller from whom the Service acquires title 

17 to real property may be considered a ‘‘displaced person’’ 

18 for purposes of the Uniform Relocation Assistance and 

19 Real Property Acquisition Policy Act and its implementing 

20 regulations, whether or not the Service has the authority 

21 to acquire such property by eminent domain. 

22 Section 3(f) of the Act of August 21, 1935 (16 U.S.C. 

23 463(f)), related to the National Park System Advisory 

24 Board, is amended in the first sentence by striking 

25 ‘‘2007’’ and inserting ‘‘2009’’. 
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1 UNITED STATES GEOLOGICAL SURVEY

2 SURVEYS, INVESTIGATIONS, AND RESEARCH

3 For expenses necessary for the United States Geo4 logical Survey to perform surveys, investigations, and re5 search covering topography, geology, hydrology, biology, 

6 and the mineral and water resources of the United States, 

7 its territories and possessions, and other areas as author8 ized by 43 U.S.C. 31, 1332, and 1340; classify lands as 

9 to their mineral and water resources; give engineering su10 pervision to power permittees and Federal Energy Regu11 latory Commission licensees; administer the minerals ex12 ploration program (30 U.S.C. 641); conduct inquiries into 

13 the economic conditions affecting mining and materials 

14 processing industries (30 U.S.C. 3, 21a, and 1603; 50 

15 U.S.C. 98g(1)) and related purposes as authorized by law; 

16 and to publish and disseminate data relative to the fore17 going activities; $1,032,764,000, to remain available until 

18 September 30, 2009, of which $63,345,000 shall be avail19 able only for cooperation with States or municipalities for 

20 water resources investigations; of which $32,150,000 shall 

21 remain available until expended for satellite operations; of 

22 which $8,023,000 shall be available until expended for de23 ferred maintenance and capital improvement projects; and 

24 of which $187,114,000 shall be for the biological research 

25 activity and the operation of the Cooperative Research 
25 

•HR 2643 EH 

1 Units: Provided, That none of the funds provided for the 

2 biological research activity shall be used to conduct new 

3 surveys on private property, unless specifically authorized 

4 in writing by the property owner: Provided further, That 

5 no part of this appropriation shall be used to pay more 

6 than one-half the cost of topographic mapping or water 

7 resources data collection and investigations carried on in 

8 cooperation with States and municipalities. 

9 ADMINISTRATIVE PROVISIONS

10 From within the amount appropriated for activities 

11 of the United States Geological Survey such sums as are 

12 necessary shall be available for reimbursement to the Gen13 eral Services Administration for security guard services; 

14 contracting for the furnishing of topographic maps and 

15 for the making of geophysical or other specialized surveys 

16 when it is administratively determined that such proce17 dures are in the public interest; construction and mainte18 nance of necessary buildings and appurtenant facilities; 

19 acquisition of lands for gauging stations and observation 

20 wells; expenses of the United States National Committee 

21 on Geology; and payment of compensation and expenses 

22 of persons on the rolls of the Survey duly appointed to 

23 represent the United States in the negotiation and admin24 istration of interstate compacts: Provided, That activities 

25 funded by appropriations herein made may be accom-
26 

•HR 2643 EH 

1 plished through the use of contracts, grants, or coopera2 tive agreements as defined in 31 U.S.C. 6302 et seq.: Pro3 vided further, That the United States Geological Survey 

4 may enter into contracts or cooperative agreements di5 rectly with individuals or indirectly with institutions or 

6 nonprofit organizations, without regard to 41 U.S.C. 5, 

7 for the temporary or intermittent services of students or 

8 recent graduates, who shall be considered employees for 

9 the purpose of chapters 57 and 81 of title 5, United States 

10 Code, relating to compensation for travel and work inju11 ries, and chapter 171 of title 28, United States Code, re12 lating to tort claims, but shall not be considered to be Fed13 eral employees for any other purposes. 

14 MINERALS MANAGEMENT SERVICE

15 ROYALTY AND OFFSHORE MINERALS MANAGEMENT

16 For expenses necessary for minerals leasing and envi17 ronmental studies, regulation of industry operations, and 

18 collection of royalties, as authorized by law; for enforcing 

19 laws and regulations applicable to oil, gas, and other min20 erals leases, permits, licenses and operating contracts; for 

21 energy-related or other authorized marine-related pur22 poses on the Outer Continental Shelf; and for matching 

23 grants or cooperative agreements, $153,552,000, to re24 main available until September 30, 2009, of which 

25 $82,371,000 shall be available for royalty management ac-
27 

•HR 2643 EH 

1 tivities; and an amount not to exceed $135,730,000, to 

2 be credited to this appropriation and to remain available 

3 until expended, from additions to receipts resulting from 

4 increases to rates in effect on August 5, 1993, from rate 

5 increases to fee collections for Outer Continental Shelf ad6 ministrative activities performed by the Minerals Manage7 ment Service (MMS) over and above the rates in effect 

8 on September 30, 1993, and from additional fees for 

9 Outer Continental Shelf administrative activities estab10 lished after September 30, 1993: Provided, That to the 

11 extent $135,730,000 in addition to receipts are not real12 ized from the sources of receipts stated above, the amount 

13 needed to reach $135,730,000 shall be credited to this ap14 propriation from receipts resulting from rental rates for 

15 Outer Continental Shelf leases in effect before August 5, 

16 1993: Provided further, That not to exceed $3,000 shall 

17 be available for reasonable expenses related to promoting 

18 volunteer beach and marine cleanup activities: Provided 

19 further, That notwithstanding any other provision of law, 

20 $15,000 under this heading shall be available for refunds 

21 of overpayments in connection with certain Indian leases 

22 in which the Director of MMS concurred with the claimed 

23 refund due, to pay amounts owed to Indian allottees or 

24 tribes, or to correct prior unrecoverable erroneous pay25 ments: Provided further, That for the costs of administra-
28 

•HR 2643 EH 

1 tion of the Coastal Impact Assistance Program authorized 

2 by section 31 of the Outer Continental Shelf Lands Act, 

3 as amended (43 U.S.C. 1456a), MMS in fiscal years 2008 

4 through 2010 may retain up to three percent of the 

5 amounts which are disbursed under section 31(b)(1), such 

6 retained amounts to remain available until expended. 

7 OIL SPILL RESEARCH

8 For necessary expenses to carry out title I, section 

9 1016, title IV, sections 4202 and 4303, title VII, and title 

10 VIII, section 8201 of the Oil Pollution Act of 1990, 

11 $6,403,000, which shall be derived from the Oil Spill Li12 ability Trust Fund, to remain available until expended. 

13 ADMINISTRATIVE PROVISIONS

14 The eighth proviso under the heading of ‘‘Minerals 

15 Management Service’’ in division E, title I, of the Consoli16 dated Appropriations Act, 2005 (Public Law 108–447), 

17 is amended by inserting ‘‘and Indian accounts’’ after 

18 ‘‘States’’, replacing the term ‘‘provision’’ with ‘‘provi19 sions’’, and inserting ‘‘and (d)’’ after 30 U.S.C. 1721(b). 

20 None of the funds in this Act shall be used to transfer 

21 funds from any Federal royalties, rents, and bonuses de22 rived from Federal onshore and offshore oil and gas leases 

23 issued under the Outer Continental Shelf Lands Act (43 

24 U.S.C. 1331 et seq.) and the Mineral Leasing Act (30 

25 U.S.C. 181 et seq.) into the Ultra-Deepwater and Uncon-
29 

•HR 2643 EH 

1 ventional Natural Gas and Other Petroleum Research 

2 Fund. 

3 Notwithstanding the provisions of section 35(b) of 

4 the Mineral Leasing Act, as amended (30 U.S.C. 191(b)), 

5 before disbursing a payment to a State, the Secretary shall 

6 deduct 2 percent from the amount payable to that State 

7 and deposit the amount deducted to miscellaneous receipts 

8 of the Treasury. 

9 OFFICE OF SURFACE MINING RECLAMATION AND

10 ENFORCEMENT

11 REGULATION AND TECHNOLOGY

12 For necessary expenses to carry out the provisions 

13 of the Surface Mining Control and Reclamation Act of 

14 1977, Public Law 95–87, as amended, $117,337,000, to 

15 remain available until September 30, 2009: Provided, 

16 That the Secretary of the Interior, pursuant to regula17 tions, may use directly or through grants to States, mon18 eys collected in fiscal year 2008 for civil penalties assessed 

19 under section 518 of the Surface Mining Control and Rec20 lamation Act of 1977 (30 U.S.C. 1268), to reclaim lands 

21 adversely affected by coal mining practices after August 

22 3, 1977, to remain available until expended: Provided fur23 ther, That appropriations for the Office of Surface Mining 

24 Reclamation and Enforcement may provide for the travel 

25 and per diem expenses of State and tribal personnel at-
30 

•HR 2643 EH 

1 tending Office of Surface Mining Reclamation and En2 forcement sponsored training. 

3 ABANDONED MINE RECLAMATION FUND

4 For necessary expenses to carry out title IV of the 

5 Surface Mining Control and Reclamation Act of 1977, 

6 Public Law 95–87, as amended, $52,774,000, to be de7 rived from receipts of the Abandoned Mine Reclamation 

8 Fund and to remain available until expended: Provided, 

9 That pursuant to Public Law 97–365, the Department of 

10 the Interior is authorized to use up to 20 percent from 

11 the recovery of the delinquent debt owed to the United 

12 States Government to pay for contracts to collect these 

13 debts: Provided further, That amounts provided under this 

14 heading may be used for the travel and per diem expenses 

15 of State and tribal personnel attending Office of Surface 

16 Mining Reclamation and Enforcement sponsored training. 

17 ADMINISTRATIVE PROVISION

18 With funds available for the Technical Innovation 

19 and Professional Services program in this Act, the Sec20 retary may transfer title for computer hardware, software 

21 and other technical equipment to State and tribal regu22 latory and reclamation programs. 
31 

•HR 2643 EH 

1 BUREAU OF INDIAN AFFAIRS

2 OPERATION OF INDIAN PROGRAMS

3 (INCLUDING TRANSFER OF FUNDS)

4 For expenses necessary for the operation of Indian 

5 programs, as authorized by law, including the Snyder Act 

6 of November 2, 1921 (25 U.S.C. 13), the Indian Self-De7 termination and Education Assistance Act of 1975 (25 

8 U.S.C. 450 et seq.), as amended, the Education Amend9 ments of 1978 (25 U.S.C. 2001–2019), and the Tribally 

10 Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.), 

11 as amended, $2,093,545,000 (reduced by $1,000,000) (in12 creased by $1,000,000), to remain available until Sep13 tember 30, 2009 except as otherwise provided herein, of 

14 which not to exceed $80,179,000 shall be for welfare as15 sistance payments: Provided, That in cases of designated 

16 Federal disasters, the Secretary may exceed such cap, 

17 from the amounts provided herein, to provide for disaster 

18 relief to Indian communities affected by the disaster; not19 withstanding any other provision of law, including but not 

20 limited to the Indian Self-Determination Act of 1975, as 

21 amended, not to exceed $149,628,000 shall be available 

22 for payments for contract support costs associated with 

23 ongoing contracts, grants, compacts, or annual funding 

24 agreements entered into with the Bureau prior to or dur25 ing fiscal year 2008, as authorized by such Act, except 
32 

•HR 2643 EH 

1 that federally-recognized tribes may use their tribal pri2 ority allocations for unmet contract support costs of ongo3 ing contracts, grants, or compacts, or annual funding 

4 agreements and for unmet welfare assistance costs; of 

5 which not to exceed $487,500,000 for school operations 

6 costs of Bureau-funded schools and other education pro7 grams shall become available on July 1, 2008, and shall 

8 remain available until September 30, 2009; and of which 

9 not to exceed $66,822,000 shall remain available until ex10 pended for housing improvement, road maintenance, at11 torney fees, litigation support, the Indian Self-Determina12 tion Fund, land records improvement, and the Navajo13 Hopi Settlement Program: Provided further, That notwith14 standing any other provision of law, including but not lim15 ited to the Indian Self-Determination Act of 1975, as 

16 amended, and 25 U.S.C. 2008, not to exceed $44,060,000 

17 within and only from such amounts made available for 

18 school operations shall be available for administrative cost 

19 grants associated with ongoing grants entered into with 

20 the Bureau prior to or during fiscal year 2007 for the 

21 operation of Bureau-funded schools, and up to $500,000 

22 within and only from such amounts made available for 

23 school operations shall be available for the transitional 

24 costs of initial administrative cost grants to grantees that 

25 enter into grants for the operation on or after July 1, 
33 

•HR 2643 EH 

1 2007, of Bureau-operated schools: Provided further, That 

2 any forestry funds allocated to a federally-recognized tribe 

3 which remain unobligated as of September 30, 2009, may 

4 be transferred during fiscal year 2010 to an Indian forest 

5 land assistance account established for the benefit of the 

6 holder of the funds within the tribe’s trust fund account: 

7 Provided further, That any such unobligated balances not 

8 so transferred shall expire on September 30, 2010. 

9 CONSTRUCTION

10 (INCLUDING TRANSFER OF FUNDS)

11 For construction, repair, improvement, and mainte12 nance of irrigation and power systems, buildings, utilities, 

13 and other facilities, including architectural and engineer14 ing services by contract; acquisition of lands, and interests 

15 in lands; and preparation of lands for farming, and for 

16 construction of the Navajo Indian Irrigation Project pur17 suant to Public Law 87–483, $207,983,000, to remain 

18 available until expended: Provided, That such amounts as 

19 may be available for the construction of the Navajo Indian 

20 Irrigation Project may be transferred to the Bureau of 

21 Reclamation: Provided further, That not to exceed 6 per22 cent of contract authority available to the Bureau of In23 dian Affairs from the Federal Highway Trust Fund may 

24 be used to cover the road program management costs of 

25 the Bureau: Provided further, That any funds provided for 
34 

•HR 2643 EH 

1 the Safety of Dams program pursuant to 25 U.S.C. 13 

2 shall be made available on a nonreimbursable basis: Pro3 vided further, That for fiscal year 2008, in implementing 

4 new construction or facilities improvement and repair 

5 project grants in excess of $100,000 that are provided to 

6 grant schools under Public Law 100–297, as amended, the 

7 Secretary of the Interior shall use the Administrative and 

8 Audit Requirements and Cost Principles for Assistance 

9 Programs contained in 43 CFR part 12 as the regulatory 

10 requirements: Provided further, That such grants shall not 

11 be subject to section 12.61 of 43 CFR; the Secretary and 

12 the grantee shall negotiate and determine a schedule of 

13 payments for the work to be performed: Provided further, 

14 That in considering applications, the Secretary shall con15 sider whether such grantee would be deficient in assuring 

16 that the construction projects conform to applicable build17 ing standards and codes and Federal, tribal, or State 

18 health and safety standards as required by 25 U.S.C. 

19 2005(b), with respect to organizational and financial man20 agement capabilities: Provided further, That if the Sec21 retary declines an application, the Secretary shall follow 

22 the requirements contained in 25 U.S.C. 2504(f): Provided 

23 further, That any disputes between the Secretary and any 

24 grantee concerning a grant shall be subject to the disputes 

25 provision in 25 U.S.C. 2507(e): Provided further, That in 
35 

•HR 2643 EH 

1 order to ensure timely completion of replacement school 

2 construction projects, the Secretary may assume control 

3 of a project and all funds related to the project, if, within 

4 eighteen months of the date of enactment of this Act, any 

5 grantee receiving funds appropriated in this Act or in any 

6 prior Act, has not completed the planning and design 

7 phase of the project and commenced construction of the 

8 replacement school: Provided further, That this Appropria9 tion may be reimbursed from the Office of the Special 

10 Trustee for American Indians Appropriation for the ap11 propriate share of construction costs for space expansion 

12 needed in agency offices to meet trust reform implementa13 tion. 

14 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

15 MISCELLANEOUS PAYMENTS TO INDIANS

16 For payments and necessary administrative expenses 

17 for implementation of Indian land and water claim settle18 ments pursuant to Public Laws 99–264, 100–580, 101– 

19 618, 107–331, 108–447, 109–379, 109–429, and 109– 

20 479, and for implementation of other land and water 

21 rights settlements, $39,136,000 to remain available until 

22 expended. 

23 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

24 For the cost of guaranteed and insured loans, 

25 $6,276,000, of which $700,000 is for administrative ex-
36 

•HR 2643 EH 

1 penses, as authorized by the Indian Financing Act of 

2 1974, as amended: Provided, That such costs, including 

3 the cost of modifying such loans, shall be as defined in 

4 section 502 of the Congressional Budget Act of 1974: Pro5 vided further, That these funds are available to subsidize 

6 total loan principal, any part of which is to be guaranteed, 

7 not to exceed $85,506,098. 

8 ADMINISTRATIVE PROVISIONS

9 The Bureau of Indian Affairs may carry out the oper10 ation of Indian programs by direct expenditure, contracts, 

11 cooperative agreements, compacts and grants, either di12 rectly or in cooperation with States and other organiza13 tions. 

14 Notwithstanding 25 U.S.C. 15, the Bureau of Indian 

15 Affairs may contract for services in support of the man16 agement, operation, and maintenance of the Power Divi17 sion of the San Carlos Irrigation Project. 

18 Appropriations for the Bureau of Indian Affairs (ex19 cept the revolving fund for loans, the Indian loan guar20 antee and insurance fund, and the Indian Guaranteed 

21 Loan Program account) shall be available for expenses of 

22 exhibits. 

23 Notwithstanding any other provision of law, no funds 

24 available to the Bureau of Indian Affairs for central office 

25 oversight and Executive Direction and Administrative 
37 

•HR 2643 EH 

1 Services (except executive direction and administrative 

2 services funding for Tribal Priority Allocations and re3 gional offices) shall be available for contracts, grants, com4 pacts, or cooperative agreements with the Bureau of In5 dian Affairs under the provisions of the Indian Self-Deter6 mination Act or the Tribal Self-Governance Act of 1994 

7 (Public Law 103–413). 

8 In the event any federally-recognized tribe returns 

9 appropriations made available by this Act to the Bureau 

10 of Indian Affairs, this action shall not diminish the Fed11 eral Government’s trust responsibility to that tribe, or the 

12 government-to-government relationship between the 

13 United States and that tribe, or that tribe’s ability to ac14 cess future appropriations. 

15 Notwithstanding any other provision of law, no funds 

16 available to the Bureau, other than the amounts provided 

17 herein for assistance to public schools under 25 U.S.C. 

18 452 et seq., shall be available to support the operation of 

19 any elementary or secondary school in the State of Alaska. 

20 Appropriations made available in this or any other 

21 Act for schools funded by the Bureau shall be available 

22 only to the schools in the Bureau school system as of Sep23 tember 1, 1996. No funds available to the Bureau shall 

24 be used to support expanded grades for any school or dor25 mitory beyond the grade structure in place or approved 
38 

•HR 2643 EH 

1 by the Secretary of the Interior at each school in the Bu2 reau school system as of October 1, 1995. Funds made 

3 available under this Act may not be used to establish a 

4 charter school at a Bureau-funded school (as that term 

5 is defined in section 1146 of the Education Amendments 

6 of 1978 (25 U.S.C. 2026)), except that a charter school 

7 that is in existence on the date of the enactment of this 

8 Act and that has operated at a Bureau-funded school be9 fore September 1, 1999, may continue to operate during 

10 that period, but only if the charter school pays to the Bu11 reau a pro rata share of funds to reimburse the Bureau 

12 for the use of the real and personal property (including 

13 buses and vans), the funds of the charter school are kept 

14 separate and apart from Bureau funds, and the Bureau 

15 does not assume any obligation for charter school pro16 grams of the State in which the school is located if the 

17 charter school loses such funding. Employees of Bureau18 funded schools sharing a campus with a charter school and 

19 performing functions related to the charter school’s oper20 ation and employees of a charter school shall not be treat21 ed as Federal employees for purposes of chapter 171 of 

22 title 28, United States Code. 

23 Notwithstanding 25 U.S.C. 2007(d), and imple24 menting regulations, the funds reserved from the Indian 

25 Student Equalization Program to meet emergencies and 
39 

•HR 2643 EH 

1 unforeseen contingencies affecting education programs ap2 propriated herein and in Public Law 109–54 may be used 

3 for costs associated with significant student enrollment in4 creases at Bureau-funded schools during the relevant 

5 school year. 

6 Notwithstanding any other provision of law, including 

7 section 113 of title I of appendix C of Public Law 106– 

8 113, if in fiscal year 2003 or 2004 a grantee received indi9 rect and administrative costs pursuant to a distribution 

10 formula based on section 5(f) of Public Law 101–301, the 

11 Secretary shall continue to distribute indirect and admin12 istrative cost funds to such grantee using the section 5(f) 

13 distribution formula. 

14 DEPARTMENTAL OFFICES

15 OFFICE OF THE SECRETARY

16 SALARIES AND EXPENSES

17 For necessary expenses for management of the Depart18 ment of the Interior, $136,413,000 (reduced by 

19 $1,000,000) (reduced by $5,000,000) (reduced by 

20 $23,000,000), of which $35,262,000 (reduced by 

21 $23,000,000) for activities related to the Financial and 

22 Business Management System shall remain available until 

23 expended, and of which not to exceed $15,000 may be for 

24 official reception and representation expenses, and of 

25 which up to $1,000,000 shall be available for workers com-
40 

•HR 2643 EH 

1 pensation payments and unemployment compensation pay2 ments associated with the orderly closure of the United 

3 States Bureau of Mines. 

4 INSULAR AFFAIRS

5 ASSISTANCE TO TERRITORIES

6 For expenses necessary for assistance to territories 

7 under the jurisdiction of the Department of the Interior, 

8 $78,292,000, of which: (1) $69,816,000 shall be available 

9 until expended for technical assistance, including mainte10 nance assistance, disaster assistance, insular management 

11 controls, coral reef initiative activities, and brown tree 

12 snake control and research; grants to the judiciary in 

13 American Samoa for compensation and expenses, as au14 thorized by law (48 U.S.C. 1661(c)); grants to the Govern15 ment of American Samoa, in addition to current local rev16 enues, for construction and support of governmental func17 tions; grants to the Government of the Virgin Islands as 

18 authorized by law; grants to the Government of Guam, 

19 as authorized by law; and grants to the Government of 

20 the Northern Mariana Islands as authorized by law (Pub21 lic Law 94–241; 90 Stat. 272); and (2) $8,476,000 shall 

22 be available until September 30, 2009 for salaries and ex23 penses of the Office of Insular Affairs: Provided, That all 

24 financial transactions of the territorial and local govern25 ments herein provided for, including such transactions of 
41 

•HR 2643 EH 

1 all agencies or instrumentalities established or used by 

2 such governments, may be audited by the Government Ac3 countability Office, at its discretion, in accordance with 

4 chapter 35 of title 31, United States Code: Provided fur5 ther, That Northern Mariana Islands Covenant grant 

6 funding shall be provided according to those terms of the 

7 Agreement of the Special Representatives on Future 

8 United States Financial Assistance for the Northern Mar9 iana Islands approved by Public Law 104–134: Provided 

10 further, That of the amounts provided for technical assist11 ance, sufficient funds shall be made available for a grant 

12 to the Pacific Basin Development Council: Provided fur13 ther, That of the amounts provided for technical assist14 ance, sufficient funding shall be made available for a grant 

15 to the Close Up Foundation: Provided further, That the 

16 funds for the program of operations and maintenance im17 provement are appropriated to institutionalize routine op18 erations and maintenance improvement of capital infra19 structure with territorial participation and cost sharing to 

20 be determined by the Secretary based on the grantee’s 

21 commitment to timely maintenance of its capital assets: 

22 Provided further, That any appropriation for disaster as23 sistance under this heading in this Act or previous appro24 priations Acts may be used as non-Federal matching 

25 funds for the purpose of hazard mitigation grants provided 
42 

•HR 2643 EH 

1 pursuant to section 404 of the Robert T. Stafford Disaster 

2 Relief and Emergency Assistance Act (42 U.S.C. 5170c). 

3 COMPACT OF FREE ASSOCIATION

4 For grants and necessary expenses, $5,362,000 to re5 main available until expended, as provided for in sections 

6 221(a)(2), 221(b), and 233 of the Compact of Free Asso7 ciation for the Republic of Palau; and section 221(a)(2) 

8 of the Compacts of Free Association for the Government 

9 of the Republic of the Marshall Islands and the Federated 

10 States of Micronesia, as authorized by Public Law 99– 

11 658 and Public Law 108–188. 

12 OFFICE OF THE SOLICITOR

13 SALARIES AND EXPENSES

14 For necessary expenses of the Office of the Solicitor, 

15 $59,250,000. 

16 OFFICE OF INSPECTOR GENERAL

17 SALARIES AND EXPENSES

18 For necessary expenses of the Office of Inspector 

19 General, $43,822,000. 

20 OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

21 FEDERAL TRUST PROGRAMS

22 For the operation of trust programs by direct expend23 iture, contracts, cooperative agreements, compacts, and 

24 grants, $182,542,000, to remain available until expended, 

25 of which not to exceed $56,384,000 from this or any other 
43 

•HR 2643 EH 

1 Act, shall be available for historical accounting: Provided, 

2 That funds for trust management improvements and liti3 gation support may, as needed, be transferred to or 

4 merged with the Bureau of Indian Affairs, ‘‘Operation of 

5 Indian Programs’’ account; the Office of the Solicitor, 

6 ‘‘Salaries and Expenses’’ account; and the Office of the 

7 Secretary, ‘‘Salaries and Expenses’’ account: Provided fur8 ther, That funds made available through contracts or 

9 grants obligated during fiscal year 2008, as authorized by 

10 the Indian Self-Determination Act of 1975 (25 U.S.C. 450 

11 et seq.), shall remain available until expended by the con12 tractor or grantee: Provided further, That, notwith13 standing any other provision of law, the statute of limita14 tions shall not commence to run on any claim, including 

15 any claim in litigation pending on the date of the enact16 ment of this Act, concerning losses to or mismanagement 

17 of trust funds, until the affected tribe or individual Indian 

18 has been furnished with an accounting of such funds from 

19 which the beneficiary can determine whether there has 

20 been a loss: Provided further, That, notwithstanding any 

21 other provision of law, the Secretary shall not be required 

22 to provide a quarterly statement of performance for any 

23 Indian trust account that has not had activity for at least 

24 18 months and has a balance of $15.00 or less: Provided 

25 further, That the Secretary shall issue an annual account 
44 

•HR 2643 EH 

1 statement and maintain a record of any such accounts and 

2 shall permit the balance in each such account to be with3 drawn upon the express written request of the account 

4 holder: Provided further, That not to exceed $50,000 is 

5 available for the Secretary to make payments to correct 

6 administrative errors of either disbursements from or de7 posits to Individual Indian Money or Tribal accounts after 

8 September 30, 2002: Provided further, That erroneous 

9 payments that are recovered shall be credited to and re10 main available in this account for this purpose. 

11 INDIAN LAND CONSOLIDATION

12 For consolidation of fractional interests in Indian 

13 lands and expenses associated with redetermining and re14 distributing escheated interests in allotted lands, and for 

15 necessary expenses to carry out the Indian Land Consoli16 dation Act of 1983, as amended, by direct expenditure or 

17 cooperative agreement, $10,000,000, to remain available 

18 until expended, and which may be transferred to the Bu19 reau of Indian Affairs and Office of the Secretary ac20 counts. 

21 DEPARTMENT-WIDE PROGRAMS

22 PAYMENTS IN LIEU OF TAXES

23 For expenses necessary to implement the Act of Octo24 ber 20, 1976, as amended (31 U.S.C. 6901–6907), 

25 $232,528,000 (increased by $20,148,000), of which not 
45 

•HR 2643 EH 

1 to exceed $400,000 shall be available for administrative 

2 expenses: Provided, That no payment shall be made to oth3 erwise eligible units of local government if the computed 

4 amount of the payment is less than $100. 

5 CENTRAL HAZARDOUS MATERIALS FUND

6 For necessary expenses of the Department of the In7 terior and any of its component offices and bureaus for 

8 the remedial action, including associated activities, of haz9 ardous waste substances, pollutants, or contaminants pur10 suant to the Comprehensive Environmental Response, 

11 Compensation, and Liability Act, as amended (42 U.S.C. 

12 9601 et seq.), $9,954,000, to remain available until ex13 pended: Provided, That hereafter, notwithstanding 31 

14 U.S.C. 3302, sums recovered from or paid by a party in 

15 advance of or as reimbursement for remedial action or re16 sponse activities conducted by the Department pursuant 

17 to section 107 or 113(f) of such Act, shall be credited to 

18 this account, to be available until expended without fur19 ther appropriation: Provided further, That hereafter such 

20 sums recovered from or paid by any party are not limited 

21 to monetary payments and may include stocks, bonds or 

22 other personal or real property, which may be retained, 

23 liquidated, or otherwise disposed of by the Secretary and 

24 which shall be credited to this account. 
46 

•HR 2643 EH 

1 NATURAL RESOURCE DAMAGE ASSESSMENT AND

2 RESTORATION

3 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

4 To conduct natural resource damage assessment and 

5 restoration activities by the Department of the Interior 

6 necessary to carry out the provisions of the Comprehensive 

7 Environmental Response, Compensation, and Liability 

8 Act, as amended (42 U.S.C. 9601 et seq.), Federal Water 

9 Pollution Control Act, as amended (33 U.S.C. 1251 et 

10 seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et 

11 seq.), and Public Law 101–337, as amended (16 U.S.C. 

12 19jj et seq.), $6,224,000, to remain available until ex13 pended. 

14 ADMINISTRATIVE PROVISIONS

15 There is hereby authorized for acquisition from avail16 able resources within the Working Capital Fund, 15 air17 craft, 10 of which shall be for replacement and which may 

18 be obtained by donation, purchase or through available ex19 cess surplus property: Provided, That existing aircraft 

20 being replaced may be sold, with proceeds derived or 

21 trade-in value used to offset the purchase price for the 

22 replacement aircraft. 
47 

•HR 2643 EH 

1 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

2 (INCLUDING TRANSFERS OF FUNDS)

3 SEC. 101. Appropriations made in this title shall be 

4 available for expenditure or transfer (within each bureau 

5 or office), with the approval of the Secretary, for the emer6 gency reconstruction, replacement, or repair of aircraft, 

7 buildings, utilities, or other facilities or equipment dam8 aged or destroyed by fire, flood, storm, or other unavoid9 able causes: Provided, That no funds shall be made avail10 able under this authority until funds specifically made 

11 available to the Department of the Interior for emer12 gencies shall have been exhausted: Provided further, That 

13 all funds used pursuant to this section must be replenished 

14 by a supplemental appropriation which must be requested 

15 as promptly as possible. 

16 SEC. 102. The Secretary may authorize the expendi17 ture or transfer of any no year appropriation in this title, 

18 in addition to the amounts included in the budget pro19 grams of the several agencies, for the suppression or emer20 gency prevention of wildland fires on or threatening lands 

21 under the jurisdiction of the Department of the Interior; 

22 for the emergency rehabilitation of burned-over lands 

23 under its jurisdiction; for emergency actions related to po24 tential or actual earthquakes, floods, volcanoes, storms, or 

25 other unavoidable causes; for contingency planning subse-
48 

•HR 2643 EH 

1 quent to actual oil spills; for response and natural resource 

2 damage assessment activities related to actual oil spills; 

3 for the prevention, suppression, and control of actual or 

4 potential grasshopper and Mormon cricket outbreaks on 

5 lands under the jurisdiction of the Secretary, pursuant to 

6 the authority in section 1773(b) of Public Law 99–198 

7 (99 Stat. 1658); for emergency reclamation projects under 

8 section 410 of Public Law 95–87; and shall transfer, from 

9 any no year funds available to the Office of Surface Min10 ing Reclamation and Enforcement, such funds as may be 

11 necessary to permit assumption of regulatory authority in 

12 the event a primacy State is not carrying out the regu13 latory provisions of the Surface Mining Act: Provided, 

14 That appropriations made in this title for wildland fire 

15 operations shall be available for the payment of obligations 

16 incurred during the preceding fiscal year, and for reim17 bursement to other Federal agencies for destruction of ve18 hicles, aircraft, or other equipment in connection with 

19 their use for wildland fire operations, such reimbursement 

20 to be credited to appropriations currently available at the 

21 time of receipt thereof: Provided further, That for wildland 

22 fire operations, no funds shall be made available under 

23 this authority until the Secretary determines that funds 

24 appropriated for ‘‘wildland fire operations’’ shall be ex25 hausted within 30 days: Provided further, That all funds 
49 

•HR 2643 EH 

1 used pursuant to this section must be replenished by a 

2 supplemental appropriation which must be requested as 

3 promptly as possible: Provided further, That such replen4 ishment funds shall be used to reimburse, on a pro rata 

5 basis, accounts from which emergency funds were trans6 ferred. 

7 SEC. 103. Appropriations made to the Department 

8 of the Interior in this title shall be available for services 

9 as authorized by 5 U.S.C. 3109, when authorized by the 

10 Secretary, in total amount not to exceed $500,000; pur11 chase and replacement of motor vehicles, including spe12 cially equipped law enforcement vehicles; hire, mainte13 nance, and operation of aircraft; hire of passenger motor 

14 vehicles; purchase of reprints; payment for telephone serv15 ice in private residences in the field, when authorized 

16 under regulations approved by the Secretary; and the pay17 ment of dues, when authorized by the Secretary, for li18 brary membership in societies or associations which issue 

19 publications to members only or at a price to members 

20 lower than to subscribers who are not members. 

21 SEC. 104. No funds provided in this title may be ex22 pended by the Department of the Interior for the conduct 

23 of offshore preleasing, leasing and related activities placed 

24 under restriction in the President’s moratorium statement 

25 of June 12, 1998, in the areas of northern, central, and 
50 

•HR 2643 EH 

1 southern California; the North Atlantic; Washington and 

2 Oregon; and the eastern Gulf of Mexico south of 26 de3 grees north latitude and east of 86 degrees west longitude. 

4 SEC. 105. No funds provided in this title may be ex5 pended by the Department of the Interior to conduct oil 

6 and natural gas preleasing, leasing and related activities 

7 in the Mid-Atlantic and South Atlantic planning areas. 

8 SEC. 106. Appropriations made in this Act under the 

9 headings Bureau of Indian Affairs and Office of Special 

10 Trustee for American Indians and any unobligated bal11 ances from prior appropriations Acts made under the 

12 same headings shall be available for expenditure or trans13 fer for Indian trust management and reform activities, ex14 cept that total funding for historical accounting activities 

15 shall not exceed amounts specifically designated in this 

16 Act for such purpose. 

17 SEC. 107. Notwithstanding any other provision of 

18 law, the Secretary of the Interior is authorized to redis19 tribute any Tribal Priority Allocation funds, including 

20 tribal base funds, to alleviate tribal funding inequities by 

21 transferring funds to address identified, unmet needs, 

22 dual enrollment, overlapping service areas or inaccurate 

23 distribution methodologies. No federally-recognized tribe 

24 shall receive a reduction in Tribal Priority Allocation 

25 funds of more than 10 percent in fiscal year 2008. Under 
51 

•HR 2643 EH 

1 circumstances of dual enrollment, overlapping service 

2 areas or inaccurate distribution methodologies, the 10 per3 cent limitation does not apply. 

4 SEC. 108. Notwithstanding any other provision of 

5 law, in conveying the Twin Cities Research Center under 

6 the authority provided by Public Law 104–134, as amend7 ed by Public Law 104–208, the Secretary may accept and 

8 retain land and other forms of reimbursement: Provided, 

9 That the Secretary may retain and use any such reim10 bursement until expended and without further appropria11 tion: (1) for the benefit of the National Wildlife Refuge 

12 System within the State of Minnesota; and (2) for all ac13 tivities authorized by 16 U.S.C. 460zz. 

14 SEC. 109. The Secretary of the Interior may here15 after use or contract for the use of helicopters or motor 

16 vehicles on the Sheldon and Hart National Wildlife Ref17 uges for the purpose of capturing and transporting horses 

18 and burros. The provisions of subsection (a) of the Act 

19 of September 8, 1959 (18 U.S.C. 47(a)) shall not be appli20 cable to such use. Such use shall be in accordance with 

21 humane procedures prescribed by the Secretary. 

22 SEC. 110. None of the funds in this or any other Act 

23 can be used to compensate the Special Master and the 

24 Special Master-Monitor, and all variations thereto, ap25 pointed by the United States District Court for the Dis-
52 

•HR 2643 EH 

1 trict of Columbia in the Cobell v. Kempthorne litigation 

2 at an annual rate that exceeds 200 percent of the highest 

3 Senior Executive Service rate of pay for the Washington4 Baltimore locality pay area. 

5 SEC. 111. The Secretary of the Interior may use dis6 cretionary funds to pay private attorney fees and costs for 

7 employees and former employees of the Department of the 

8 Interior reasonably incurred in connection with Cobell v. 

9 Kempthorne to the extent that such fees and costs are 

10 not paid by the Department of Justice or by private insur11 ance. In no case shall the Secretary make payments under 

12 this section that would result in payment of hourly fees 

13 in excess of the highest hourly rate approved by the Dis14 trict Court for the District of Columbia for counsel in 

15 Cobell v. Kempthorne. 

16 SEC. 112. The United States Fish and Wildlife Serv17 ice shall, in carrying out its responsibilities to protect 

18 threatened and endangered species of salmon, implement 

19 a system of mass marking of salmonid stocks, intended 

20 for harvest, that are released from federally-operated or 

21 federally-financed hatcheries including but not limited to 

22 fish releases of coho, chinook, and steelhead species. 

23 Marked fish must have a visible mark that can be readily 

24 identified by commercial and recreational fishers. 
53 

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1 SEC. 113. Notwithstanding any implementation of 

2 the Department of the Interior’s trust reorganization or 

3 reengineering plans, or the implementation of the ‘‘To Be’’ 

4 Model, funds appropriated for fiscal year 2008 shall be 

5 available to the tribes within the California Tribal Trust 

6 Reform Consortium and to the Salt River Pima-Maricopa 

7 Indian Community, the Confederated Salish and Kootenai 

8 Tribes of the Flathead Reservation and the Chippewa Cree 

9 Tribe of the Rocky Boys Reservation through the same 

10 methodology as funds were distributed in fiscal year 2003. 

11 This Demonstration Project shall continue to operate sep12 arate and apart from the Department of the Interior’s 

13 trust reform and reorganization and the Department shall 

14 not impose its trust management infrastructure upon or 

15 alter the existing trust resource management systems of 

16 the above referenced tribes having a self-governance com17 pact and operating in accordance with the Tribal Self-Gov18 ernance Program set forth in 25 U.S.C. 458aa–458hh: 

19 Provided, That the California Trust Reform Consortium 

20 and any other participating tribe agree to carry out their 

21 responsibilities under the same written and implemented 

22 fiduciary standards as those being carried by the Sec23 retary of the Interior: Provided further, That they dem24 onstrate to the satisfaction of the Secretary that they have 

25 the capability to do so: Provided further, That the Depart-
54 

•HR 2643 EH 

1 ment shall provide funds to the federally-recognized tribes 

2 in an amount equal to that required by 25 U.S.C. 

3 458cc(g)(3), including funds specifically or functionally re4 lated to the provision of trust services to the federally5 recognized tribes or their members. 

6 SEC. 114. Notwithstanding any other provision of 

7 law, the Secretary of the Interior is authorized to acquire 

8 lands, waters, or interests therein including the use of all 

9 or part of any pier, dock, or landing within the State of 

10 New York and the State of New Jersey, for the purpose 

11 of operating and maintaining facilities in the support of 

12 transportation and accommodation of visitors to Ellis, 

13 Governors, and Liberty Islands, and of other program and 

14 administrative activities, by donation or with appropriated 

15 funds, including franchise fees (and other monetary con16 sideration), or by exchange; and the Secretary is author17 ized to negotiate and enter into leases, subleases, conces18 sion contracts or other agreements for the use of such fa19 cilities on such terms and conditions as the Secretary may 

20 determine reasonable. 

21 SEC. 115. None of the funds made available in this 

22 Act may be used to issue any new lease that authorizes 

23 production of oil or natural gas under the Outer Conti24 nental Shelf Lands Act (43 U.S.C. 1331 et seq.) to any 

25 lessee under an existing lease issued by the Department 
55 

•HR 2643 EH 

1 of the Interior pursuant to the Outer Continental Shelf 

2 Deep Water Royalty Relief Act (43 U.S.C. 1337 note), 

3 where such existing lease is not subject to limitations on 

4 royalty relief based on market price. 

5 TITLE II—ENVIRONMENTAL PROTECTION 

6 AGENCY 

7 SCIENCE AND TECHNOLOGY

8 For science and technology, including research and 

9 development activities, which shall include research and 

10 development activities under the Comprehensive Environ11 mental Response, Compensation, and Liability Act of 

12 1980, as amended; necessary expenses for personnel and 

13 related costs and travel expenses, including uniforms, or 

14 allowances therefor, as authorized by 5 U.S.C. 5901– 

15 5902; services as authorized by 5 U.S.C. 3109, but at 

16 rates for individuals not to exceed the per diem rate equiv17 alent to the maximum rate payable for senior level posi18 tions under 5 U.S.C. 5376; procurement of laboratory 

19 equipment and supplies; other operating expenses in sup20 port of research and development; construction, alteration, 

21 repair, rehabilitation, and renovation of facilities, not to 

22 exceed $85,000 per project, $788,269,000 (reduced by 

23 $5,000,000) (reduced by $1,000,000) (increased by 

24 $1,000,000) (reduced by $3,884,000) (increased by 
56 

•HR 2643 EH 

1 $3,884,000), to remain available until September 30, 

2 2009. 

3 COMMISSION ON CLIMATE CHANGE ADAPTATION AND

4 MITIGATION

5 (INCLUDING TRANSFERS OF FUNDS)

6 For expenses necessary for support of the activities 

7 of the Commission on Climate Change Adaptation and 

8 Mitigation established by this Act, $50,000,000, to remain 

9 available until the termination of the Commission on Sep10 tember 30, 2009: Provided, That $5,000,000 shall be 

11 available to the Administrator of the Environmental Pro12 tection Agency for the direct support of the Commission 

13 in reviewing science challenges related to adaptation and 

14 mitigation strategies necessitated by climate change, and 

15 for identification of specific action steps to address these 

16 challenges: Provided further, That funding allocated for di17 rect support of Commission activities shall include the sal18 aries and expenses of Commission staff, travel and related 

19 costs of Commission members and for the contractual 

20 costs of the National Academy of Sciences: Provided fur21 ther, That, not later than July 1, 2008, the remaining 

22 $45,000,000 shall be transferred by the Administrator to 

23 agencies or offices of the Federal Government with climate 

24 science responsibilities for implementation of Commission 

25 recommendations. 
57 

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1 The Commission established and financed with this 

2 appropriation shall consist of the Administrator of the En3 vironmental Protection Agency, the Director of the Na4 tional Science Foundation, the Administrator of the Na5 tional Aeronautics and Space Administration, the Director 

6 of the United States Geological Survey, the Undersecre7 tary for Science of the Department of Energy, the Admin8 istrator of the National Oceanographic and Atmospheric 

9 Administration, the Chief of the United States Forest 

10 Service, the President of the National Academy of 

11 Sciences, who shall serve as the Commission’s Chairman, 

12 the President of the National Academy of Engineering, 

13 and six additional members with appropriate expertise, to 

14 be selected by the Chairman. 

15 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

16 For environmental programs and management, in17 cluding necessary expenses, not otherwise provided for, for 

18 personnel and related costs and travel expenses, including 

19 uniforms, or allowances therefor, as authorized by 5 

20 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 

21 3109, but at rates for individuals not to exceed the per 

22 diem rate equivalent to the maximum rate payable for sen23 ior level positions under 5 U.S.C. 5376; hire of passenger 

24 motor vehicles; hire, maintenance, and operation of air25 craft; purchase of reprints; library memberships in soci-
58 

•HR 2643 EH 

1 eties or associations which issue publications to members 

2 only or at a price to members lower than to subscribers 

3 who are not members; construction, alteration, repair, re4 habilitation, and renovation of facilities, not to exceed 

5 $85,000 per project; and not to exceed $9,000 for official 

6 reception and representation expenses, $2,375,582,000 

7 (reduced by $5,000,000) (reduced by $2,500,000) (in8 creased by $2,500,000), to remain available until Sep9 tember 30, 2009, including administrative costs of the 

10 brownfields program under the Small Business Liability 

11 Relief and Brownfields Revitalization Act of 2002. 

12 OFFICE OF INSPECTOR GENERAL

13 For necessary expenses of the Office of Inspector 

14 General in carrying out the provisions of the Inspector 

15 General Act of 1978, as amended, and for construction, 

16 alteration, repair, rehabilitation, and renovation of facili17 ties, not to exceed $85,000 per project, $43,500,000, to 

18 remain available until September 30, 2009. 

19 BUILDINGS AND FACILITIES

20 For construction, repair, improvement, extension, al21 teration, and purchase of fixed equipment or facilities of, 

22 or for use by, the Environmental Protection Agency, 

23 $34,801,000, to remain available until expended. 
59 

•HR 2643 EH 

1 HAZARDOUS SUBSTANCE SUPERFUND

2 (INCLUDING TRANSFERS OF FUNDS) 

3 For necessary expenses to carry out the Comprehen4 sive Environmental Response, Compensation, and Liabil5 ity Act of 1980 (CERCLA), as amended, including sec6 tions 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 

7 9611), and for construction, alteration, repair, rehabilita8 tion, and renovation of facilities, not to exceed $85,000 

9 per project; $1,272,008,000, to remain available until ex10 pended, consisting of such sums as are available in the 

11 Trust Fund on September 30, 2007, as authorized by sec12 tion 517(a) of the Superfund Amendments and Reauthor13 ization Act of 1986 (SARA) and up to $1,272,008,000, 

14 as a payment from general revenues to the Hazardous 

15 Substance Superfund for purposes as authorized by sec16 tion 517(b) of SARA, as amended: Provided, That funds 

17 appropriated under this heading may be allocated to other 

18 Federal agencies in accordance with section 111(a) of 

19 CERCLA: Provided further, That of the funds appro20 priated under this heading, $10,000,000 shall be paid to 

21 the ‘‘Office of Inspector General’’ appropriation to remain 

22 available until September 30, 2009, and $26,126,000 shall 

23 be paid to the ‘‘Science and Technology’’ appropriation, 

24 to remain available until September 30, 2009. 
60 

•HR 2643 EH 

1 LEAKING UNDERGROUND STORAGE TANK TRUST FUND

2 PROGRAM

3 For necessary expenses to carry out leaking under4 ground storage tank cleanup activities authorized by sub5 title I of the Solid Waste Disposal Act, as amended, and 

6 for construction, alteration, repair, rehabilitation, and ren7 ovation of Environmental Protection Agency facilities, not 

8 to exceed $85,000 per project, $117,961,000 to remain 

9 available until expended, of which $82,461,000 shall be 

10 for carrying out leaking underground storage tank cleanup 

11 activities authorized by section 9003(h) of the Solid Waste 

12 Disposal Act, as amended; $35,500,000 shall be for car13 rying out the other provisions of the Solid Waste Disposal 

14 Act specified in section 9508(c) of the Internal Revenue 

15 Code, as amended: Provided, That the Administrator is 

16 authorized to use appropriations made available under this 

17 heading to implement section 9013 of the Solid Waste Dis18 posal Act to provide financial assistance to federally-recog19 nized Indian tribes for the development and implementa20 tion of programs to manage underground storage tanks. 

21 OIL SPILL RESPONSE

22 For expenses necessary to carry out the Environ23 mental Protection Agency’s responsibilities under the Oil 

24 Pollution Act of 1990, $17,280,000, to be derived from 
61 

•HR 2643 EH 

1 the Oil Spill Liability trust fund, to remain available until 

2 expended. 

3 STATE AND TRIBAL ASSISTANCE GRANTS

4 For environmental programs and infrastructure as5 sistance, including capitalization grants for State revolv6 ing funds and performance partnership grants, 

7 $3,391,514,000 (increased by $15,000,000), to remain 

8 available until expended, of which $1,125,000,000 shall be 

9 for making capitalization grants for the Clean Water State 

10 Revolving Funds under title VI of the Federal Water Pol11 lution Control Act, as amended (the ‘‘Act’’); of which up 

12 to $75,000,000 shall be available for loans, including in13 terest free loans as authorized by 33 U.S.C. 

14 1383(d)(1)(A), to municipal, inter-municipal, interstate, 

15 or State agencies or nonprofit entities for projects that 

16 provide treatment for or that minimize sewage or 

17 stormwater discharges using one or more approaches 

18 which include, but are not limited to, decentralized or dis19 tributed stormwater controls, decentralized wastewater 

20 treatment, low-impact development practices, conservation 

21 easements, stream buffers, or wetlands restoration; 

22 $842,167,000 shall be for capitalization grants for the 

23 Drinking Water State Revolving Funds under section 

24 1452 of the Safe Drinking Water Act, as amended; 

25 $10,000,000 (increased by $15,000,000) shall be for ar-
62 

•HR 2643 EH 

1 chitectural, engineering, planning, design, construction 

2 and related activities in connection with the construction 

3 of high priority water and wastewater facilities in the area 

4 of the United States-Mexico Border, after consultation 

5 with the appropriate border commission; $10,500,000 

6 shall be for grants to the State of Alaska to address drink7 ing water and waste infrastructure needs of rural and 

8 Alaska Native Villages: Provided, That, of these funds: (1) 

9 the State of Alaska shall provide a match of 25 percent; 

10 (2) no more than 5 percent of the funds may be used for 

11 administrative and overhead expenses; and (3) not later 

12 than October 1, 2005, the State of Alaska shall make 

13 awards consistent with the State-wide priority list estab14 lished in 2004 for all water, sewer, waste disposal, and 

15 similar projects carried out by the State of Alaska that 

16 are funded under section 221 of the Federal Water Pollu17 tion Control Act (33 U.S.C. 1301) or the Consolidated 

18 Farm and Rural Development Act (7 U.S.C. 1921 et seq.) 

19 which shall allocate not less than 25 percent of the funds 

20 provided for projects in regional hub communities; 

21 $140,000,000 shall be for making special project grants 

22 for the construction of drinking water, wastewater and 

23 storm water infrastructure and for water quality protec24 tion, and, for purposes of these grants, each grantee shall 

25 contribute not less than 45 percent of the cost of the 
63 

•HR 2643 EH 

1 project unless the grantee is approved for a waiver by the 

2 Agency; $100,000,000 shall be to carry out section 104(k) 

3 of the Comprehensive Environmental Response, Com4 pensation, and Liability Act of 1980 (CERCLA), as 

5 amended, including grants, interagency agreements, and 

6 associated program support costs; $50,000,000 shall be 

7 for grants under title VII, subtitle G of the Energy Policy 

8 Act of 2005, as amended; and $1,113,847,000 shall be 

9 for grants, including associated program support costs, to 

10 States, federally-recognized tribes, interstate agencies, 

11 tribal consortia, and air pollution control agencies for 

12 multi-media or single media pollution prevention, control 

13 and abatement and related activities, including activities 

14 pursuant to the provisions set forth under this heading 

15 in Public Law 104–134, and for making grants under sec16 tion 103 of the Clean Air Act for particulate matter moni17 toring and data collection activities subject to terms and 

18 conditions specified by the Administrator, of which 

19 $49,495,000 shall be for carrying out section 128 of 

20 CERCLA, as amended, $10,000,000 shall be for Environ21 mental Information Exchange Network grants, including 

22 associated program support costs, $18,500,000 of the 

23 funds available for grants under section 106 of the Act 

24 shall be for water quality monitoring activities, 

25 $25,000,000 shall be for making competitive targeted wa-
64 

•HR 2643 EH 

1 tershed grants, and, in addition to funds appropriated 

2 under the heading ‘‘Leaking Underground Storage Tank 

3 Trust Fund Program’’ to carry out the provisions of the 

4 Solid Waste Disposal Act specified in section 9508(c) of 

5 the Internal Revenue Code other than section 9003(h) of 

6 the Solid Waste Disposal Act, as amended, $2,500,000 

7 shall be for financial assistance to States under section 

8 2007(f)(2) of the Solid Waste Disposal Act, as amended: 

9 Provided further, That notwithstanding section 603(d)(7) 

10 of the Federal Water Pollution Control Act, the limitation 

11 on the amounts in a State water pollution control revolv12 ing fund that may be used by a State to administer the 

13 fund shall not apply to amounts included as principal in 

14 loans made by such fund in fiscal year 2008 and prior 

15 years where such amounts represent costs of admin16 istering the fund to the extent that such amounts are or 

17 were deemed reasonable by the Administrator, accounted 

18 for separately from other assets in the fund, and used for 

19 eligible purposes of the fund, including administration: 

20 Provided further, That for fiscal year 2008, and notwith21 standing section 518(f) of the Act, the Administrator is 

22 authorized to use the amounts appropriated for any fiscal 

23 year under section 319 of that Act to make grants to fed24 erally-recognized Indian tribes pursuant to sections 319(h) 

25 and 518(e) of that Act: Provided further, That for fiscal 
65 

•HR 2643 EH 

1 year 2008, notwithstanding the limitation on amounts in 

section 518(c) of the Act, up to a total of 11 2 ⁄2 percent 

3 of the funds appropriated for State Revolving Funds 

4 under title VI of that Act may be reserved by the Adminis5 trator for grants under section 518(c) of that Act: Pro6 vided further, That no funds provided by this appropria7 tions Act to address the water, wastewater and other crit8 ical infrastructure needs of the colonias in the United 

9 States along the United States-Mexico border shall be 

10 made available to a county or municipal government un11 less that government has established an enforceable local 

12 ordinance, or other zoning rule, which prevents in that ju13 risdiction the development or construction of any addi14 tional colonia areas, or the development within an existing 

15 colonia the construction of any new home, business, or 

16 other structure which lacks water, wastewater, or other 

17 necessary infrastructure. 

18 ADMINISTRATIVE PROVISIONS, ENVIRONMENTAL

19 PROTECTION AGENCY

20 (INCLUDING RESCISSIONS OF FUNDS)

21 For fiscal year 2008, notwithstanding 31 U.S.C. 

22 6303(1) and 6305(1), the Administrator of the Environ23 mental Protection Agency, in carrying out the Agency’s 

24 function to implement directly Federal environmental pro25 grams required or authorized by law in the absence of an 
66 

•HR 2643 EH 

1 acceptable tribal program, may award cooperative agree2 ments to federally-recognized Indian Tribes or Intertribal 

3 consortia, if authorized by their member Tribes, to assist 

4 the Administrator in implementing Federal environmental 

5 programs for Indian Tribes required or authorized by law, 

6 except that no such cooperative agreements may be award7 ed from funds designated for State financial assistance 

8 agreements. 

9 The Administrator of the Environmental Protection 

10 Agency is authorized to collect and obligate pesticide reg11 istration service fees in accordance with section 33 of the 

12 Federal Insecticide, Fungicide, and Rodenticide Act (as 

13 added by subsection (f)(2) of the Pesticide Registration 

14 Improvement Act of 2003), as amended. 

15 None of the funds provided in this Act may be used, 

16 directly or through grants, to pay or to provide reimburse17 ment for payment of the salary of a consultant (whether 

18 retained by the Federal Government or a grantee) at more 

19 than the daily equivalent of the rate paid for level IV of 

20 the Executive Schedule, unless specifically authorized by 

21 law. 

22 From unobligated balances to carry out projects and 

23 activities authorized under section 206(a) of the Federal 

24 Water Pollution Control Act, $5,000,000 are hereby re25 scinded. 
67 

•HR 2643 EH 

1 None of the funds made available by this Act may 

2 be used in contravention of, or to delay the implementa3 tion of, Executive Order No. 12898 of February 11, 1994 

4 (59 Fed. Reg. 7629; relating to Federal actions to address 

5 environmental justice in minority populations and low-in6 come populations). 

7 Of the funds provided in the Environmental Pro8 grams and Management account, not less than $2,000,000 

9 shall be available to take such actions as are necessary 

10 for the proposal of regulations requiring the reduction of 

11 greenhouse gas emissions and to publish such proposed 

12 regulations. 

13 TITLE III—RELATED AGENCIES 

14 DEPARTMENT OF AGRICULTURE 

15 FOREST SERVICE

16 FOREST AND RANGELAND RESEARCH

17 For necessary expenses of forest and rangeland re18 search as authorized by law, $295,937,000, to remain 

19 available until expended: Provided, That of the funds pro20 vided, $62,329,000 is for the forest inventory and analysis 

21 program. 

22 STATE AND PRIVATE FORESTRY

23 For necessary expenses of cooperating with and pro24 viding technical and financial assistance to States, terri25 tories, possessions, and others, and for forest health man-
68 

•HR 2643 EH 

1 agement, including treatments of pests, pathogens, and 

2 invasive or noxious plants and for restoring and rehabili3 tating forests damaged by pests or invasive plants, cooper4 ative forestry, and education and land conservation activi5 ties and conducting an international program as author6 ized, $280,602,000, to remain available until expended, as 

7 authorized by law; of which $8,000,000 is for the Inter8 national Program; and of which $56,336,000 is to be de9 rived from the Land and Water Conservation Fund. 

10 NATIONAL FOREST SYSTEM

11 For necessary expenses of the Forest Service, not 

12 otherwise provided for, for management, protection, im13 provement, and utilization of the National Forest System, 

14 $1,506,502,000, to remain available until expended, which 

15 shall include 50 percent of all moneys received during 

16 prior fiscal years as fees collected under the Land and 

17 Water Conservation Fund Act of 1965, as amended, in 

18 accordance with section 4 of the Act (16 U.S.C. 460l– 

19 6a(i)): Provided, That unobligated balances under this 

20 heading available at the start of fiscal year 2008 shall be 

21 displayed by budget line item in the fiscal year 2009 budg22 et justification. 
69 

•HR 2643 EH 

1 CAPITAL IMPROVEMENT AND MAINTENANCE

2 (INCLUDING TRANSFERS OF FUNDS)

3 For necessary expenses of the Forest Service, not 

4 otherwise provided for, $480,197,000, to remain available 

5 until expended, for construction, capital improvement, 

6 maintenance and acquisition of buildings and other facili7 ties, and infrastructure; and for construction, capital im8 provement, decommissioning, and maintenance of forest 

9 roads and trails by the Forest Service as authorized by 

10 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205; and in 

11 addition $40,000,000 to be transferred from the timber 

12 roads purchaser election fund and merged with this ac13 count, to remain available until expended: Provided, That 

14 $65,000,000 shall be designated for urgently needed road 

15 decommissioning, road and trail repair and maintenance 

16 and associated activities, and removal of fish passage bar17 riers, especially in areas where Forest Service roads may 

18 be contributing to water quality problems in streams and 

19 water bodies which support threatened, endangered or 

20 sensitive species or community water sources and for ur21 gently needed road repairs required due to recent storm 

22 events: Provided further, That up to $65,000,000 of the 

23 funds provided herein for road maintenance shall be avail24 able for the decommissioning of roads, including unau25 thorized roads not part of the transportation system, 
70 

•HR 2643 EH 

1 which are no longer needed: Provided further, That the 

2 decommissioning of unauthorized roads not part of the of3 ficial transportation system shall be expedited in response 

4 to threats to public safety, water quality, or natural re5 sources: Provided further, That funds becoming available 

6 in fiscal year 2008 under the Act of March 4, 1913 (16 

7 U.S.C. 501) shall be transferred to the General Fund of 

8 the Treasury and shall not be available for transfer or obli9 gation for any other purpose unless the funds are appro10 priated. 

11 LAND ACQUISITION

12 For expenses necessary to carry out the provisions 

13 of the Land and Water Conservation Fund Act of 1965, 

14 as amended (16 U.S.C. 460l–4 through 11), including ad15 ministrative expenses, and for acquisition of land or wa16 ters, or interest therein, in accordance with statutory au17 thority applicable to the Forest Service, $44,485,000, to 

18 be derived from the Land and Water Conservation Fund 

19 and to remain available until expended. 

20 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

21 ACTS

22 For acquisition of lands within the exterior bound23 aries of the Cache, Uinta, and Wasatch National Forests, 

24 Utah; the Toiyabe National Forest, Nevada; and the An25 geles, San Bernardino, Sequoia, and Cleveland National 
71 

•HR 2643 EH 

1 Forests, California, as authorized by law, $1,053,000, to 

2 be derived from forest receipts. 

3 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

4 For acquisition of lands, such sums, to be derived 

5 from funds deposited by State, county, or municipal gov6 ernments, public school districts, or other public school au7 thorities, and for authorized expenditures from funds de8 posited by non-Federal parties pursuant to Land Sale and 

9 Exchange Acts, pursuant to the Act of December 4, 1967, 

10 as amended (16 U.S.C. 484a), to remain available until 

11 expended. (16 U.S.C. 4601–516–617a, 555a; Public Law 

12 96–586; Public Law 76–589, 76–591; and 78–310). 

13 RANGE BETTERMENT FUND

14 For necessary expenses of range rehabilitation, pro15 tection, and improvement, 50 percent of all moneys re16 ceived during the prior fiscal year, as fees for grazing do17 mestic livestock on lands in National Forests in the 16 

18 Western States, pursuant to section 401(b)(1) of Public 

19 Law 94–579, as amended, to remain available until ex20 pended, of which not to exceed 6 percent shall be available 

21 for administrative expenses associated with on-the-ground 

22 range rehabilitation, protection, and improvements. 
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•HR 2643 EH 

1 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

2 RANGELAND RESEARCH

3 For expenses authorized by 16 U.S.C. 1643(b), 

4 $56,000, to remain available until expended, to be derived 

5 from the fund established pursuant to the above Act. 

6 MANAGEMENT OF NATIONAL FOREST LANDS FOR

7 SUBSISTENCE USES

8 For necessary expenses of the Forest Service to man9 age Federal lands in Alaska for subsistence uses under 

10 title VIII of the Alaska National Interest Lands Conserva11 tion Act (Public Law 96–487), $5,053,000, to remain 

12 available until expended. 

13 WILDLAND FIRE MANAGEMENT

14 (INCLUDING TRANSFERS OF FUNDS) 

15 For necessary expenses for forest fire presuppression 

16 activities on National Forest System lands, for emergency 

17 fire suppression on or adjacent to such lands or other 

18 lands under fire protection agreement, hazardous fuels re19 duction on or adjacent to such lands, and for emergency 

20 rehabilitation of burned-over National Forest System 

21 lands and water, $1,974,648,000, to remain available until 

22 expended: Provided, That such funds including unobli23 gated balances under this heading, are available for repay24 ment of advances from other appropriations accounts pre25 viously transferred for such purposes: Provided further, 
73 

•HR 2643 EH 

1 That such funds shall be available to reimburse State and 

2 other cooperating entities for services provided in response 

3 to wildfire and other emergencies or disasters to the extent 

4 such reimbursements by the Forest Service for non-fire 

5 emergencies are fully repaid by the responsible emergency 

6 management agency: Provided further, That not less than 

7 50 percent of any unobligated balances remaining (exclu8 sive of amounts for hazardous fuels reduction) at the end 

9 of fiscal year 2007 shall be transferred to the fund estab10 lished pursuant to section 3 of Public Law 71–319 (16 

11 U.S.C. 576 et seq.) if necessary to reimburse the fund for 

12 unpaid past advances: Provided further, That, notwith13 standing any other provision of law, $8,000,000 of funds 

14 appropriated under this appropriation shall be used for 

15 Fire Science Research in support of the Joint Fire Science 

16 Program: Provided further, That all authorities for the use 

17 of funds, including the use of contracts, grants, and coop18 erative agreements, available to execute the Forest and 

19 Rangeland Research appropriation, are also available in 

20 the utilization of these funds for Fire Science Research: 

21 Provided further, That funds provided shall be available 

22 for emergency rehabilitation and restoration, hazardous 

23 fuels reduction activities in the urban-wildland interface, 

24 support to Federal emergency response, and wildfire sup25 pression activities of the Forest Service: Provided further, 
74 

•HR 2643 EH 

1 That of the funds provided, $310,258,000 is for hazardous 

2 fuels reduction activities, $18,000,000 is for rehabilitation 

3 and restoration, $23,500,000 is for research activities and 

4 to make competitive research grants pursuant to the For5 est and Rangeland Renewable Resources Research Act, as 

6 amended (16 U.S.C. 1641 et seq.), $46,221,000 is for 

7 State fire assistance, $10,000,000 is for volunteer fire as8 sistance, $14,252,000 is for forest health activities on 

9 Federal lands and $10,014,000 is for forest health activi10 ties on State and private lands: Provided further, That 

11 amounts in this paragraph may be transferred to the 

12 ‘‘State and Private Forestry’’, ‘‘National Forest System’’, 

13 and ‘‘Forest and Rangeland Research’’ accounts to fund 

14 State fire assistance, volunteer fire assistance, forest 

15 health management, forest and rangeland research, joint 

16 fire sciences, vegetation and watershed management, her17 itage site rehabilitation, and wildlife and fish habitat man18 agement and restoration: Provided further, That transfers 

19 of any amounts in excess of those authorized in this para20 graph, shall require approval of the House and Senate 

21 Committees on Appropriations in compliance with re22 programming procedures contained in the report accom23 panying this Act: Provided further, That the costs of im24 plementing any cooperative agreement between the Fed25 eral Government and any non-Federal entity may be 
75 

•HR 2643 EH 

1 shared, as mutually agreed on by the affected parties: Pro2 vided further, That in addition to funds provided for State 

3 Fire Assistance programs, and subject to all authorities 

4 available to the Forest Service under the State and Pri5 vate Forestry Appropriation, up to $10,000,000 may be 

6 used on adjacent non-Federal lands for the purpose of pro7 tecting communities when hazard reduction activities are 

8 planned on national forest lands that have the potential 

9 to place such communities at risk: Provided further, That 

10 included in funding for hazardous fuel reduction is 

11 $5,000,000 for implementing the Community Forest Res12 toration Act, Public Law 106–393, title VI, and any por13 tion of such funds shall be available for use on non-Fed14 eral lands in accordance with authorities available to the 

15 Forest Service under the State and Private Forestry Ap16 propriation: Provided further, That the Secretary of the 

17 Interior and the Secretary of Agriculture may authorize 

18 the transfer of funds appropriated for wildland fire man19 agement, in an aggregate amount not to exceed 

20 $9,000,000, between the Departments when such trans21 fers would facilitate and expedite jointly funded wildland 

22 fire management programs and projects: Provided further, 

23 That of the funds provided for hazardous fuels reduction, 

24 not to exceed $7,000,000, may be used to make grants, 

25 using any authorities available to the Forest Service under 
76 

•HR 2643 EH 

1 the State and Private Forestry appropriation, for the pur2 pose of creating incentives for increased use of biomass 

3 from national forest lands: Provided further, That funds 

4 designated for wildfire suppression shall be assessed for 

5 cost pools on the same basis as such assessments are cal6 culated against other agency programs. 

7 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

8 Appropriations to the Forest Service for the current 

9 fiscal year shall be available for: (1) purchase of passenger 

10 motor vehicles; acquisition of passenger motor vehicles 

11 from excess sources, and hire of such vehicles; purchase, 

12 lease, operation, maintenance, and acquisition of aircraft 

13 from excess sources to maintain the operable fleet for use 

14 in Forest Service wildland fire programs and other Forest 

15 Service programs; notwithstanding other provisions of law, 

16 existing aircraft being replaced may be sold, with proceeds 

17 derived or trade-in value used to offset the purchase price 

18 for the replacement aircraft; (2) services pursuant to 7 

19 U.S.C. 2225, and not to exceed $100,000 for employment 

20 under 5 U.S.C. 3109; (3) purchase, erection, and alter21 ation of buildings and other public improvements (7 

22 U.S.C. 2250); (4) acquisition of land, waters, and inter23 ests therein pursuant to 7 U.S.C. 428a; (5) for expenses 

24 pursuant to the Volunteers in the National Forest Act of 

25 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost 
77 

•HR 2643 EH 

1 of uniforms as authorized by 5 U.S.C. 5901–5902; and 

2 (7) for debt collection contracts in accordance with 31 

3 U.S.C. 3718(c). 

4 Any appropriations or funds available to the Forest 

5 Service may be transferred to the Wildland Fire Manage6 ment appropriation for forest firefighting, emergency re7 habilitation of burned-over or damaged lands or waters 

8 under its jurisdiction, and fire preparedness due to severe 

9 burning conditions upon notification of the House and 

10 Senate Committees on Appropriations and if and only if 

11 all previously appropriated emergency contingent funds 

12 under the heading ‘‘Wildland Fire Management’’ have 

13 been released by the President and apportioned and all 

14 wildfire suppression funds under the heading ‘‘Wildland 

15 Fire Management’’ are obligated. 

16 Funds appropriated to the Forest Service shall be 

17 available for assistance to or through the Agency for Inter18 national Development in connection with forest and range19 land research, technical information, and assistance in for20 eign countries, and shall be available to support forestry 

21 and related natural resource activities outside the United 

22 States and its territories and possessions, including tech23 nical assistance, education and training, and cooperation 

24 with United States and international organizations. 
78 

•HR 2643 EH 

1 None of the funds made available to the Forest Serv2 ice in this Act or any other Act with respect to any fiscal 

3 year shall be subject to transfer under the provisions of 

4 section 702(b) of the Department of Agriculture Organic 

5 Act of 1944 (7 U.S.C. 2257), section 442 of Public Law 

6 106–224 (7 U.S.C. 7772), or section 10417(b) of Public 

7 Law 107–107 (7 U.S.C. 8316(b)). 

8 None of the funds available to the Forest Service may 

9 be reprogrammed without the advance approval of the 

10 House and Senate Committees on Appropriations in ac11 cordance with the reprogramming procedures contained in 

12 the report accompanying this Act. 

13 Not more than $73,285,000 of funds available to the 

14 Forest Service shall be transferred to the Working Capital 

15 Fund of the Department of Agriculture and not more than 

16 $24,021,000 of funds available to the Forest Service shall 

17 be transferred to the Department of Agriculture for De18 partment Reimbursable Programs, commonly referred to 

19 as Greenbook charges. Nothing in this paragraph shall 

20 prohibit or limit the use of reimbursable agreements re21 quested by the Forest Service in order to obtain services 

22 from the Department of Agriculture’s National Informa23 tion Technology Center. 

24 Funds available to the Forest Service shall be avail25 able to conduct a program of not less than $5,000,000 
79 

•HR 2643 EH 

1 for high priority projects within the scope of the approved 

2 budget which shall be carried out by the Youth Conserva3 tion Corps or the Public Lands Corps (Public Law 109– 

4 154). 

5 Of the funds available to the Forest Service, $4,000 

6 is available to the Chief of the Forest Service for official 

7 reception and representation expenses. 

8 Pursuant to sections 405(b) and 410(b) of Public 

9 Law 101–593, of the funds available to the Forest Service, 

10 $3,000,000 may be advanced in a lump sum to the Na11 tional Forest Foundation to aid conservation partnership 

12 projects in support of the Forest Service mission, without 

13 regard to when the Foundation incurs expenses, for ad14 ministrative expenses or projects on or benefitting Na15 tional Forest System lands or related to Forest Service 

16 programs: Provided, That of the Federal funds made 

17 available to the Foundation, no more than $100,000 shall 

18 be available for administrative expenses: Provided further, 

19 That the Foundation shall obtain, by the end of the period 

20 of Federal financial assistance, private contributions to 

21 match on at least one-for-one basis funds made available 

22 by the Forest Service: Provided further, That the Founda23 tion may transfer Federal funds to a non-Federal recipient 

24 for a project at the same rate that the recipient has ob25 tained the non-Federal matching funds: Provided further, 
80 

•HR 2643 EH 

1 That authorized investments of Federal funds held by the 

2 Foundation may be made only in interest-bearing obliga3 tions of the United States or in obligations guaranteed as 

4 to both principal and interest by the United States. 

5 Pursuant to section 2(b)(2) of Public Law 98–244, 

6 $2,650,000 of the funds available to the Forest Service 

7 shall be advanced to the National Fish and Wildlife Foun8 dation in a lump sum to aid cost-share conservation 

9 projects, without regard to when expenses are incurred, 

10 on or benefitting National Forest System lands or related 

11 to Forest Service programs: Provided, That such funds 

12 shall be matched on at least a one-for-one basis by the 

13 Foundation or its sub-recipients: Provided further, That 

14 the Foundation may transfer Federal funds to a Federal 

15 or non-Federal recipient for a project at the same rate 

16 that the recipient has obtained the non-Federal matching 

17 funds. 

18 Funds appropriated to the Forest Service shall be 

19 available for interactions with and providing technical as20 sistance to rural communities for sustainable rural devel21 opment purposes. 

22 Funds appropriated to the Forest Service shall be 

23 available for payments to counties within the Columbia 

24 River Gorge National Scenic Area, pursuant to sections 
81 

•HR 2643 EH 

1 14(c)(1) and (2), and section 16(a)(2) of Public Law 99– 

2 663. 

3 An eligible individual who is employed in any project 

4 funded under title V of the Older American Act of 1965 

5 (42 U.S.C. 3056 et seq.) and administered by the Forest 

6 Service shall be considered to be a Federal employee for 

7 purposes of chapter 171 of title 28, United States Code. 

8 Any funds appropriated to the Forest Service may 

9 be used to meet the non-Federal share requirement in sec10 tion 502(c) of the Older American Act of 1965 (42 U.S.C. 

11 3056(c)(2)). 

12 Funds available to the Forest Service, not to exceed 

13 $45,000,000, shall be assessed for the purpose of per14 forming facilities maintenance. Such assessments shall 

15 occur using a square foot rate charged on the same basis 

16 the agency uses to assess programs for payment of rent, 

17 utilities, and other support services. 

18 DEPARTMENT OF HEALTH AND HUMAN 

19 SERVICES 

20 INDIAN HEALTH SERVICE

21 INDIAN HEALTH SERVICES

22 For expenses necessary to carry out the Act of Au23 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina24 tion Act, the Indian Health Care Improvement Act, and 

25 titles II and III of the Public Health Service Act with re-
82 

•HR 2643 EH 

1 spect to the Indian Health Service, $3,023,532,000, to re2 main available until September 30, 2009, except as other3 wise provided herein, together with payments received dur4 ing the fiscal year pursuant to 42 U.S.C. 238(b) for serv5 ices furnished by the Indian Health Service: Provided, 

6 That funds made available to tribes and tribal organiza7 tions through contracts, grant agreements, or any other 

8 agreements or compacts authorized by the Indian Self-De9 termination and Education Assistance Act of 1975 (25 

10 U.S.C. 450), shall be deemed to be obligated at the time 

11 of the grant or contract award and thereafter shall remain 

12 available to the tribe or tribal organization without fiscal 

13 year limitation: Provided further, That up to $18,000,000 

14 shall remain available until expended, for the Indian Cata15 strophic Health Emergency Fund: Provided further, That 

16 not less than $561,515,000 shall be for contract medical 

17 care: Provided further, That of the funds provided, up to 

18 $32,000,000, to remain available until expended, shall be 

19 used to carry out the loan repayment program under sec20 tion 108 of the Indian Health Care Improvement Act: Pro21 vided further, That funds provided in this Act may be used 

22 for one-year contracts and grants which are to be per23 formed in two fiscal years, so long as the total obligation 

24 is recorded in the year for which the funds are appro25 priated: Provided further, That the amounts collected by 
83 

•HR 2643 EH 

1 the Secretary of Health and Human Services under the 

2 authority of title IV of the Indian Health Care Improve3 ment Act shall remain available until expended for the 

4 purpose of achieving compliance with the applicable condi5 tions and requirements of titles XVIII and XIX of the So6 cial Security Act (exclusive of planning, design, or con7 struction of new facilities): Provided further, That funding 

8 contained herein, and in any earlier appropriations Acts 

9 for scholarship programs under the Indian Health Care 

10 Improvement Act (25 U.S.C. 1613), shall remain available 

11 until expended: Provided further, That amounts received 

12 by tribes and tribal organizations under title IV of the In13 dian Health Care Improvement Act shall be reported and 

14 accounted for and available to the receiving tribes and 

15 tribal organizations until expended: Provided further, 

16 That, notwithstanding any other provision of law, of the 

17 amounts provided herein, not to exceed $274,638,000 

18 shall be for payments to tribes and tribal organizations 

19 for contract or grant support costs associated with con20 tracts, grants, self-governance compacts or annual funding 

21 agreements between the Indian Health Service and a tribe 

22 or tribal organization pursuant to the Indian Self-Deter23 mination Act of 1975, as amended, prior to or during fis24 cal year 2008, of which not to exceed $5,000,000 may be 

25 used for contract support costs associated with new or ex-
84 

•HR 2643 EH 

1 panded self-determination contracts, grants, self-govern2 ance compacts or annual funding agreements: Provided 

3 further, That the Bureau of Indian Affairs may collect 

4 from the Indian Health Service and tribes and tribal orga5 nizations operating health facilities pursuant to Public 

6 Law 93–638 such individually identifiable health informa7 tion relating to disabled children as may be necessary for 

8 the purpose of carrying out its functions under the Indi9 viduals with Disabilities Education Act, 20 U.S.C. 1400, 

10 et seq. 

11 INDIAN HEALTH FACILITIES

12 For construction, repair, maintenance, improvement, 

13 and equipment of health and related auxiliary facilities, 

14 including quarters for personnel; preparation of plans, 

15 specifications, and drawings; acquisition of sites, purchase 

16 and erection of modular buildings, and purchases of trail17 ers; and for provision of domestic and community sanita18 tion facilities for Indians, as authorized by section 7 of 

19 the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian 

20 Self-Determination Act, and the Indian Health Care Im21 provement Act, and for expenses necessary to carry out 

22 such Acts and titles II and III of the Public Health Serv23 ice Act with respect to environmental health and facilities 

24 support activities of the Indian Health Service, 

25 $360,895,000, to remain available until expended: Pro-
85 

•HR 2643 EH 

1 vided, That notwithstanding any other provision of law, 

2 funds appropriated for the planning, design, construction 

3 or renovation of health facilities for the benefit of a feder4 ally-recognized Indian tribe or tribes may be used to pur5 chase land for sites to construct, improve, or enlarge 

6 health or related facilities: Provided further, That not to 

7 exceed $500,000 shall be used by the Indian Health Serv8 ice to purchase TRANSAM equipment from the Depart9 ment of Defense for distribution to the Indian Health 

10 Service and tribal facilities: Provided further, That none 

11 of the funds appropriated to the Indian Health Service 

12 may be used for sanitation facilities construction for new 

13 homes funded with grants by the housing programs of the 

14 United States Department of Housing and Urban Devel15 opment: Provided further, That not to exceed $1,000,000 

16 from this account and the ‘‘Indian Health Services’’ ac17 count shall be used by the Indian Health Service to obtain 

18 ambulances for the Indian Health Service and tribal facili19 ties in conjunction with an existing interagency agreement 

20 between the Indian Health Service and the General Serv21 ices Administration: Provided further, That not to exceed 

22 $500,000 shall be placed in a Demolition Fund, available 

23 until expended, to be used by the Indian Health Service 

24 for demolition of Federal buildings. 
86 

•HR 2643 EH 

1 ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

2 Appropriations in this Act to the Indian Health Serv3 ice shall be available for services as authorized by 5 U.S.C. 

4 3109 but at rates not to exceed the per diem rate equiva5 lent to the maximum rate payable for senior-level positions 

6 under 5 U.S.C. 5376; hire of passenger motor vehicles and 

7 aircraft; purchase of medical equipment; purchase of re8 prints; purchase, renovation and erection of modular 

9 buildings and renovation of existing facilities; payments 

10 for telephone service in private residences in the field, 

11 when authorized under regulations approved by the Sec12 retary; and for uniforms or allowances therefor as author13 ized by 5 U.S.C. 5901–5902; and for expenses of attend14 ance at meetings which are concerned with the functions 

15 or activities for which the appropriation is made or which 

16 will contribute to improved conduct, supervision, or man17 agement of those functions or activities. 

18 In accordance with the provisions of the Indian 

19 Health Care Improvement Act, non-Indian patients may 

20 be extended health care at all tribally administered or In21 dian Health Service facilities, subject to charges, and the 

22 proceeds along with funds recovered under the Federal 

23 Medical Care Recovery Act (42 U.S.C. 2651–2653) shall 

24 be credited to the account of the facility providing the 

25 service and shall be available without fiscal year limitation. 
87 

•HR 2643 EH 

1 Notwithstanding any other law or regulation, funds trans2 ferred from the Department of Housing and Urban Devel3 opment to the Indian Health Service shall be administered 

4 under Public Law 86–121 (the Indian Sanitation Facili5 ties Act) and Public Law 93–638, as amended. 

6 Funds appropriated to the Indian Health Service in 

7 this Act, except those used for administrative and program 

8 direction purposes, shall not be subject to limitations di9 rected at curtailing Federal travel and transportation. 

10 None of the funds made available to the Indian 

11 Health Service in this Act shall be used for any assess12 ments or charges by the Department of Health and 

13 Human Services unless identified in the budget justifica14 tion and provided in this Act, or approved by the House 

15 and Senate Committees on Appropriations through the re16 programming process. 

17 Notwithstanding any other provision of law, funds 

18 previously or herein made available to a tribe or tribal or19 ganization through a contract, grant, or agreement au20 thorized by title I or title V of the Indian Self-Determina21 tion and Education Assistance Act of 1975 (25 U.S.C. 

22 450), may be deobligated and reobligated to a self-deter23 mination contract under title I, or a self-governance agree24 ment under title V of such Act and thereafter shall remain 
88 

•HR 2643 EH 

1 available to the tribe or tribal organization without fiscal 

2 year limitation. 

3 None of the funds made available to the Indian 

4 Health Service in this Act shall be used to implement the 

5 final rule published in the Federal Register on September 

6 16, 1987, by the Department of Health and Human Serv7 ices, relating to the eligibility for the health care services 

8 of the Indian Health Service until the Indian Health Serv9 ice has submitted a budget request reflecting the increased 

10 costs associated with the proposed final rule, and such re11 quest has been included in an appropriations Act and en12 acted into law. 

13 With respect to functions transferred by the Indian 

14 Health Service to tribes or tribal organizations, the Indian 

15 Health Service is authorized to provide goods and services 

16 to those entities, on a reimbursable basis, including pay17 ment in advance with subsequent adjustment. The reim18 bursements received therefrom, along with the funds re19 ceived from those entities pursuant to the Indian Self-De20 termination Act, may be credited to the same or subse21 quent appropriation account which provided the funding. 

22 Such amounts shall remain available until expended. 

23 Reimbursements for training, technical assistance, or 

24 services provided by the Indian Health Service will contain 

25 total costs, including direct, administrative, and overhead 
89 

•HR 2643 EH 

1 associated with the provision of goods, services, or tech2 nical assistance. 

3 The appropriation structure for the Indian Health 

4 Service may not be altered without advance notification 

5 to the House and Senate Committees on Appropriations. 

6 NATIONAL INSTITUTES OF HEALTH

7 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

8 SCIENCES

9 For necessary expenses for the National Institute of 

10 Environmental Health Sciences in carrying out activities 

11 set forth in section 311(a) of the Comprehensive Environ12 mental Response, Compensation, and Liability Act of 

13 1980, as amended, and section 126(g) of the Superfund 

14 Amendments and Reauthorization Act of 1986, 

15 $79,117,000. 

16 AGENCY FOR TOXIC SUBSTANCES AND DISEASE

17 REGISTRY

18 TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC

19 HEALTH

20 For necessary expenses for the Agency for Toxic Sub21 stances and Disease Registry (ATSDR) in carrying out 

22 activities set forth in sections 104(i), 111(c)(4), and 

23 111(c)(14) of the Comprehensive Environmental Re24 sponse, Compensation, and Liability Act of 1980 

25 (CERCLA), as amended; section 118(f) of the Superfund 
90 

•HR 2643 EH 

1 Amendments and Reauthorization Act of 1986 (SARA), 

2 as amended; and section 3019 of the Solid Waste Disposal 

3 Act, as amended, $75,212,000 (increased by $1,000,000) 

4 (reduced by $1,000,000), of which up to $1,500,000, to 

5 remain available until expended, is for Individual Learning 

6 Accounts for full-time equivalent employees of the Agency 

7 for Toxic Substances and Disease Registry: Provided, 

8 That notwithstanding any other provision of law, in lieu 

9 of performing a health assessment under section 104(i)(6) 

10 of CERCLA, the Administrator of ATSDR may conduct 

11 other appropriate health studies, evaluations, or activities, 

12 including, without limitation, biomedical testing, clinical 

13 evaluations, medical monitoring, and referral to accredited 

14 health care providers: Provided further, That in per15 forming any such health assessment or health study, eval16 uation, or activity, the Administrator of ATSDR shall not 

17 be bound by the deadlines in section 104(i)(6)(A) of 

18 CERCLA. 

19 OTHER RELATED AGENCIES 

20 EXECUTIVE OFFICE OF THE PRESIDENT

21 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

22 ENVIRONMENTAL QUALITY

23 For necessary expenses to continue functions as24 signed to the Council on Environmental Quality and Office 

25 of Environmental Quality pursuant to the National Envi-
91 

•HR 2643 EH 

1 ronmental Policy Act of 1969, the Environmental Quality 

2 Improvement Act of 1970, and Reorganization Plan No. 

3 1 of 1977, and not to exceed $750 for official reception 

4 and representation expenses, $2,703,000: Provided, That 

5 notwithstanding section 202 of the National Environ6 mental Policy Act of 1970, the Council shall consist of 

7 one member, appointed by the President, by and with the 

8 advice and consent of the Senate, serving as chairman and 

9 exercising all powers, functions, and duties of the Council. 

10 CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

11 SALARIES AND EXPENSES

12 For necessary expenses in carrying out activities pur13 suant to section 112(r)(6) of the Clean Air Act, as amend14 ed, including hire of passenger vehicles, uniforms or allow15 ances therefor, as authorized by 5 U.S.C. 5901–5902, and 

16 for services authorized by 5 U.S.C. 3109 but at rates for 

17 individuals not to exceed the per diem equivalent to the 

18 maximum rate payable for senior level positions under 5 

19 U.S.C. 5376, $9,549,000: Provided, That the Chemical 

20 Safety and Hazard Investigation Board shall have not 

21 more than three career Senior Executive Service positions: 

22 Provided further, that notwithstanding any other provision 

23 of law, the individual appointed to the position of Inspec24 tor General of the Environmental Protection Agency 

25 (EPA) shall, by virtue of such appointment, also hold the 
92 

•HR 2643 EH 

1 position of Inspector General of the Board: Provided fur2 ther, That notwithstanding any other provision of law, the 

3 Inspector General of the Board shall utilize personnel of 

4 the Office of Inspector General of EPA in performing the 

5 duties of the Inspector General of the Board, and shall 

6 not appoint any individuals to positions within the Board. 

7 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

8 SALARIES AND EXPENSES

9 For necessary expenses of the Office of Navajo and 

10 Hopi Indian Relocation as authorized by Public Law 93– 

11 531, $9,000,000, to remain available until expended: Pro12 vided, That funds provided in this or any other appropria13 tions Act are to be used to relocate eligible individuals and 

14 groups including evictees from District 6, Hopi-partitioned 

15 lands residents, those in significantly substandard hous16 ing, and all others certified as eligible and not included 

17 in the preceding categories: Provided further, That none 

18 of the funds contained in this or any other Act may be 

19 used by the Office of Navajo and Hopi Indian Relocation 

20 to evict any single Navajo or Navajo family who, as of 

21 November 30, 1985, was physically domiciled on the lands 

22 partitioned to the Hopi Tribe unless a new or replacement 

23 home is provided for such household: Provided further, 

24 That no relocatee will be provided with more than one new 

25 or replacement home: Provided further, That the Office 
93 

•HR 2643 EH 

1 shall relocate any certified eligible relocatees who have se2 lected and received an approved homesite on the Navajo 

3 reservation or selected a replacement residence off the 

4 Navajo reservation or on the land acquired pursuant to 

5 25 U.S.C. 640d–10. 

6 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

7 CULTURE AND ARTS DEVELOPMENT

8 PAYMENT TO THE INSTITUTE

9 For payment to the Institute of American Indian and 

10 Alaska Native Culture and Arts Development, as author11 ized by title XV of Public Law 99–498, as amended (20 

12 U.S.C. 56 part A), $7,297,000. 

13 SMITHSONIAN INSTITUTION

14 SALARIES AND EXPENSES

15 For necessary expenses of the Smithsonian Institu16 tion, as authorized by law, including research in the fields 

17 of art, science, and history; development, preservation, and 

18 documentation of the National Collections; presentation of 

19 public exhibits and performances; collection, preparation, 

20 dissemination, and exchange of information and publica21 tions; conduct of education, training, and museum assist22 ance programs; maintenance, alteration, operation, lease 

23 (for terms not to exceed 30 years), and protection of build24 ings, facilities, and approaches; not to exceed $100,000 

25 for services as authorized by 5 U.S.C. 3109; up to five 
94 

•HR 2643 EH 

1 replacement passenger vehicles; purchase, rental, repair, 

2 and cleaning of uniforms for employees, $536,295,000, of 

3 which $1,578,000 for fellowships and scholarly awards 

4 shall remain available until September 30, 2009, including 

5 such funds as may be necessary to support American over6 seas research centers: Provided, That funds appropriated 

7 herein are available for advance payments to independent 

8 contractors performing research services or participating 

9 in official Smithsonian presentations. 

10 FACILITIES CAPITAL

11 For necessary expenses of repair, revitalization, and 

12 alteration of facilities owned or occupied by the Smithso13 nian Institution, by contract or otherwise, as authorized 

14 by section 2 of the Act of August 22, 1949 (63 Stat. 623), 

15 and for construction, including necessary personnel, 

16 $116,100,000, to remain available until expended, of 

17 which not to exceed $10,000 is for services as authorized 

18 by 5 U.S.C. 3109. 

19 NATIONAL GALLERY OF ART

20 SALARIES AND EXPENSES

21 For the upkeep and operations of the National Gal22 lery of Art, the protection and care of the works of art 

23 therein, and administrative expenses incident thereto, as 

24 authorized by the Act of March 24, 1937 (50 Stat. 51), 

25 as amended by the public resolution of April 13, 1939 
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1 (Public Resolution 9, Seventy-sixth Congress), including 

2 services as authorized by 5 U.S.C. 3109; payment in ad3 vance when authorized by the treasurer of the Gallery for 

4 membership in library, museum, and art associations or 

5 societies whose publications or services are available to 

6 members only, or to members at a price lower than to the 

7 general public; purchase, repair, and cleaning of uniforms 

8 for guards, and uniforms, or allowances therefor, for other 

9 employees as authorized by law (5 U.S.C. 5901–5902); 

10 purchase or rental of devices and services for protecting 

11 buildings and contents thereof, and maintenance, alter12 ation, improvement, and repair of buildings, approaches, 

13 and grounds; and purchase of services for restoration and 

14 repair of works of art for the National Gallery of Art by 

15 contracts made, without advertising, with individuals, 

16 firms, or organizations at such rates or prices and under 

17 such terms and conditions as the Gallery may deem prop18 er, $101,850,000, of which not to exceed $3,239,000 for 

19 the special exhibition program shall remain available until 

20 expended. 

21 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

22 For necessary expenses of repair, restoration and 

23 renovation of buildings, grounds and facilities owned or 

24 occupied by the National Gallery of Art, by contract or 

25 otherwise, as authorized, $18,017,000, to remain available 
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1 until expended: Provided, That contracts awarded for envi2 ronmental systems, protection systems, and exterior repair 

3 or renovation of buildings of the National Gallery of Art 

4 may be negotiated with selected contractors and awarded 

5 on the basis of contractor qualifications as well as price. 

6 JOHN F. KENNEDY CENTER FOR THE PERFORMING

7 ARTS

8 OPERATIONS AND MAINTENANCE

9 For necessary expenses for the operation, mainte10 nance and security of the John F. Kennedy Center for 

11 the Performing Arts, $20,200,000. 

12 CAPITAL REPAIR AND RESTORATION

13 For necessary expenses for capital repair and restora14 tion of the existing features of the building and site of 

15 the John F. Kennedy Center for the Performing Arts, 

16 $23,150,000, to remain available until expended. 

17 WOODROW WILSON INTERNATIONAL CENTER FOR

18 SCHOLARS

19 SALARIES AND EXPENSES

20 For expenses necessary in carrying out the provisions 

21 of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 

22 1356) including hire of passenger vehicles and services as 

23 authorized by 5 U.S.C. 3109, $10,000,000. 
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1 NATIONAL FOUNDATION ON THE ARTS AND THE

2 HUMANITIES

3 NATIONAL ENDOWMENT FOR THE ARTS

4 GRANTS AND ADMINISTRATION

5 For necessary expenses to carry out the National 

6 Foundation on the Arts and the Humanities Act of 1965, 

7 as amended, $160,000,000 shall be available to the Na8 tional Endowment for the Arts for the support of projects 

9 and productions in the arts, including arts education and 

10 public outreach activities, through assistance to organiza11 tions and individuals pursuant to section 5 of the Act, for 

12 program support, and for administering the functions of 

13 the Act, to remain available until expended: Provided, 

14 That funds appropriated herein shall be expended in ac15 cordance with sections 309 and 311 of Public Law 108– 

16 447. 

17 NATIONAL ENDOWMENT FOR THE HUMANITIES

18 GRANTS AND ADMINISTRATION

19 For necessary expenses to carry out the National 

20 Foundation on the Arts and the Humanities Act of 1965, 

21 as amended, $145,500,000, shall be available to the Na22 tional Endowment for the Humanities for support of ac23 tivities in the humanities, pursuant to section 7(c) of the 

24 Act, and for administering the functions of the Act, to 

25 remain available until expended. 
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1 MATCHING GRANTS

2 To carry out the provisions of section 10(a)(2) of the 

3 National Foundation on the Arts and the Humanities Act 

4 of 1965, as amended, $14,500,000, to remain available 

5 until expended, of which $9,500,000 shall be available to 

6 the National Endowment for the Humanities for the pur7 poses of section 7(h): Provided, That this appropriation 

8 shall be available for obligation only in such amounts as 

9 may be equal to the total amounts of gifts, bequests, and 

10 devises of money, and other property accepted by the 

11 chairman or by grantees of the Endowment under the pro12 visions of subsections 11(a)(2)(B) and 11(a)(3)(B) during 

13 the current and preceding fiscal years for which equal 

14 amounts have not previously been appropriated. 

15 ADMINISTRATIVE PROVISIONS

16 None of the funds appropriated to the National 

17 Foundation on the Arts and the Humanities may be used 

18 to process any grant or contract documents which do not 

19 include the text of 18 U.S.C. 1913: Provided, That none 

20 of the funds appropriated to the National Foundation on 

21 the Arts and the Humanities may be used for official re22 ception and representation expenses: Provided further, 

23 That funds from nonappropriated sources may be used as 

24 necessary for official reception and representation ex25 penses: Provided further, That the Chairperson of the Na-
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1 tional Endowment for the Arts may approve grants up to 

2 $10,000, if in the aggregate this amount does not exceed 

3 5 percent of the sums appropriated for grant-making pur4 poses per year: Provided further, That such small grant 

5 actions are taken pursuant to the terms of an expressed 

6 and direct delegation of authority from the National Coun7 cil on the Arts to the Chairperson: Provided further, That 

8 section 309(1) of division E, Public Law 108–447, is 

9 amended by inserting ‘‘National Opera Fellowship,’’ after 

10 ‘‘National Heritage Fellowship’’. 

11 COMMISSION OF FINE ARTS

12 SALARIES AND EXPENSES

13 For expenses made necessary by the Act establishing 

14 a Commission of Fine Arts (40 U.S.C. 104), $2,092,000: 

15 Provided, That the Commission is authorized to charge 

16 fees to cover the full costs of its publications, and such 

17 fees shall be credited to this account as an offsetting col18 lection, to remain available until expended without further 

19 appropriation. 

20 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

21 For necessary expenses as authorized by Public Law 

22 99–190 (20 U.S.C. 956a), as amended, $10,000,000: Pro23 vided, That no organization shall receive a grant in excess 

24 of $650,000 in a single year. 
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1 ADVISORY COUNCIL ON HISTORIC PRESERVATION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Advisory Council on 

4 Historic Preservation (Public Law 89–665, as amended), 

5 $5,348,000: Provided, That none of these funds shall be 

6 available for compensation of level V of the Executive 

7 Schedule or higher positions. 

8 NATIONAL CAPITAL PLANNING COMMISSION

9 SALARIES AND EXPENSES

10 For necessary expenses, as authorized by the Na11 tional Capital Planning Act of 1952 (40 U.S.C. 71–71i), 

12 including services as authorized by 5 U.S.C. 3109, 

13 $8,265,000: Provided, That one-quarter of 1 percent of 

14 the funds provided under this heading may be used for 

15 official reception and representational expenses associated 

16 with hosting international visitors engaged in the planning 

17 and physical development of world capitals. 

18 UNITED STATES HOLOCAUST MEMORIAL MUSEUM

19 HOLOCAUST MEMORIAL MUSEUM

20 For expenses of the Holocaust Memorial Museum, as 

21 authorized by Public Law 106–292 (36 U.S.C. 2301– 

22 2310), $44,996,000, of which $515,000 for the equipment 

23 replacement program shall remain available until Sep24 tember 30, 2009; and $1,900,000 for the museum’s repair 

25 and rehabilitation program and $1,264,000 for the muse-
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1 um’s exhibition design and production program shall re2 main available until expended. 

3 PRESIDIO TRUST

4 PRESIDIO TRUST FUND

5 For necessary expenses to carry out title I of the Om6 nibus Parks and Public Lands Management Act of 1996, 

7 $22,400,000 shall be available to the Presidio Trust, to 

8 remain available until expended. 

9 WHITE HOUSE COMMISSION ON THE NATIONAL

10 MOMENT OF REMEMBRANCE

11 SALARIES AND EXPENSES

12 (INCLUDING TRANSFER OF FUNDS)

13 For necessary expenses of the White House Commis14 sion on the National Moment of Remembrance, $200,000, 

15 which shall be transferred to the Department of Veterans 

16 Affairs, ‘‘Departmental Administration, General Oper17 ating Expenses’’ account and be administered by the Sec18 retary of Veterans Affairs. 

19 TITLE IV—GENERAL PROVISIONS 

20 SEC. 401. The expenditure of any appropriation 

21 under this Act for any consulting service through procure22 ment contract, pursuant to 5 U.S.C. 3109, shall be limited 

23 to those contracts where such expenditures are a matter 

24 of public record and available for public inspection, except 
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1 where otherwise provided under existing law, or under ex2 isting Executive order issued pursuant to existing law. 

3 SEC. 402. No part of any appropriation contained in 

4 this Act shall be available for any activity or the publica5 tion or distribution of literature that in any way tends to 

6 promote public support or opposition to any legislative 

7 proposal on which Congressional action is not complete 

8 other than to communicate to Members of Congress as 

9 described in 18 U.S.C. 1913. 

10 SEC. 403. No part of any appropriation contained in 

11 this Act shall remain available for obligation beyond the 

12 current fiscal year unless expressly so provided herein. 

13 SEC. 404. None of the funds provided in this Act to 

14 any department or agency shall be obligated or expended 

15 to provide a personal cook, chauffeur, or other personal 

16 servants to any officer or employee of such department 

17 or agency except as otherwise provided by law. 

18 SEC. 405. Estimated overhead charges, deductions, 

19 reserves or holdbacks from programs, projects, activities 

20 and subactivities to supportgovernment-wide, depart21 mental, agency or bureau administrative functions or 

22 headquarters, regional or central operations shall be pre23 sented in annual budget justifications and subject to ap24 proval by the Committees on Appropriations. Changes to 
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1 such estimates shall be presented to the Committees on 

2 Appropriations for approval. 

3 SEC. 406. None of the funds made available in this 

4 Act may be transferred to any department, agency, or in5 strumentality of the UnitedStates Government except pur6 suant to a transfer made by, or transferprovided in, this 

7 Act or any other Act. 

8 SEC. 407. None of the funds in this Act may be used 

9 to plan, prepare, or offer for sale timber from trees classi10 fied as giant sequoia (Sequoiadendron giganteum) which 

11 are located on National Forest System or Bureau of Land 

12 Management lands in a manner different than such sales 

13 were conducted in fiscal year 2005. 

14 SEC. 408. (a) LIMITATION OF FUNDS.—None of the 

15 funds appropriated or otherwise made available pursuant 

16 to this Act shall be obligated or expended to accept or 

17 process applications for a patent for any mining or mill 

18 site claim located under the general mining laws. 

19 (b) EXCEPTIONS.—The provisions of subsection (a) 

20 shall not apply if the Secretary of the Interior determines 

21 that, for the claim concerned: (1) a patent application was 

22 filed with the Secretary on or before September 30, 1994; 

23 and (2) all requirements established under sections 2325 

24 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) 

25 for vein or lode claims and sections 2329, 2330, 2331, 
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1 and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 

2 37) for placer claims, and section 2337 of the Revised 

3 Statutes (30 U.S.C. 42) for mill site claims, as the case 

4 may be, were fully complied with by the applicant by that 

5 date. 

6 (c) REPORT.—On September 30, 2008, the Secretary 

7 of the Interior shall file with the House and Senate Com8 mittees on Appropriations and the Committee on Re9 sources of the House of Representatives and the Com10 mittee on Energy and Natural Resources of the Senate 

11 a report on actions taken by the Department under the 

12 plan submitted pursuant to section 314(c) of the Depart13 ment of the Interior and Related Agencies Appropriations 

14 Act, 1997 (Public Law 104–208). 

15 (d) MINERAL EXAMINATIONS.—In order to process 

16 patent applications in a timely and responsible manner, 

17 upon the request of a patent applicant, the Secretary of 

18 the Interior shall allow the applicant to fund a qualified 

19 third-party contractor to be selected by the Bureau of 

20 Land Management to conduct a mineral examination of 

21 the mining claims or mill sites contained in a patent appli22 cation as set forth in subsection (b). The Bureau of Land 

23 Management shall have the sole responsibility to choose 

24 and pay the third-party contractor in accordance with the 
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1 standard procedures employed by the Bureau of Land 

2 Management in the retention of third-party contractors. 

3 SEC. 409. Notwithstanding any other provision of 

4 law, amounts appropriated in committee reports for the 

5 Bureau of Indian Affairs and the Indian Health Service 

6 by Public Laws 103–138, 103–332, 104–134, 104–208, 

7 105–83, 105–277, 106–113, 106–291, 107–63, 108–7, 

8 108–108, 108–447, 109–54, 109–289, division B and 

9 Continuing Appropriations Resolution, 2007 (division B of 

10 Public Law 109–289, as amended by Public Law 110– 

11 5) for payments for contract support costs associated with 

12 self-determination or self-governance contracts, grants, 

13 compacts, or annual funding agreements with the Bureau 

14 of Indian Affairs or the Indian Health Service as funded 

15 by such Acts, are the total amounts available for fiscal 

16 years 1994 through 2007 for such purposes, except that 

17 the Bureau of Indian Affairs and federally-recognized 

18 tribes may use their tribal priority allocations for unmet 

19 contract support costs of ongoing contracts, grants, self20 governance compacts or annual funding agreements. 

21 SEC. 410. Prior to October 1, 2008, the Secretary 

22 of Agriculture shall not be considered to be in violation 

23 of subparagraph 6(f)(5)(A) of the Forest and Rangeland 

24 Renewable Resources Planning Act of 1974 (16 U.S.C. 

25 1604(f)(5)(A)) solely because more than 15 years have 
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1 passed without revision of the plan for a unit of the Na2 tional Forest System. Nothing in this section exempts the 

3 Secretary from any other requirement of the Forest and 

4 Rangeland Renewable Resources Planning Act (16 U.S.C. 

5 1600 et seq.) or any other law: Provided, That if the Sec6 retary is not acting expeditiously and in good faith, within 

7 the funding available, to revise a plan for a unit of the 

8 National Forest System, this section shall be void with re9 spect to such plan and a court of proper jurisdiction may 

10 order completion of the plan on an accelerated basis. 

11 SEC. 411. No funds provided in this Act may be ex12 pended to conduct preleasing, leasing and related activities 

13 under either the Mineral Leasing Act (30 U.S.C. 181 et 

14 seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 

15 1331 et seq.) within the boundaries of a National Monu16 ment established pursuant to the Act of June 8, 1906 (16 

17 U.S.C. 431 et seq.) as such boundary existed on January 

18 20, 2001, except where such activities are allowed under 

19 the Presidential proclamation establishing such monu20 ment. 

21 SEC. 412. In entering into agreements with foreign 

22 countries pursuant to the Wildfire Suppression Assistance 

23 Act (42 U.S.C. 1856m) the Secretary of Agriculture and 

24 the Secretary of the Interior are authorized to enter into 

25 reciprocal agreements in which the individuals furnished 
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1 under said agreements to provide wildfire services are con2 sidered, for purposes of tort liability, employees of the 

3 country receiving said services when the individuals are 

4 engaged in fire suppression: Provided, That the Secretary 

5 of Agriculture or the Secretary of the Interior shall not 

6 enter into any agreement under this provision unless the 

7 foreign country (either directly or through its fire organi8 zation) agrees to assume any and all liability for the acts 

9 or omissions of American firefighters engaged in fire10 fighting in a foreign country: Provided further, That when 

11 an agreement is reached for furnishing fire fighting serv12 ices, the only remedies for acts or omissions committed 

13 while fighting fires shall be those provided under the laws 

14 of the host country, and those remedies shall be the exclu15 sive remedies for any claim arising out of fighting fires 

16 in a foreign country: Provided further, That neither the 

17 sending country nor any legal organization associated with 

18 the firefighter shall be subject to any legal action whatso19 ever pertaining to or arising out of the firefighter’s role 

20 in fire suppression. 

21 SEC. 413. In awarding a Federal contract with funds 

22 made available by this Act, notwithstanding Federal Gov23 ernment procurement and contracting laws, the Secretary 

24 of Agriculture and the Secretary of the Interior (the ‘‘Sec25 retaries’’) may, in evaluating bids and proposals, give con-
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1 sideration to local contractors who are from, and who pro2 vide employment and training for, dislocated and displaced 

3 workers in an economically disadvantaged rural commu4 nity, including those historically timber-dependent areas 

5 that have been affected by reduced timber harvesting on 

6 Federal lands and other forest-dependent rural commu7 nities isolated from significant alternative employment op8 portunities: Provided, That notwithstanding Federal Gov9 ernment procurement and contracting laws the Secretaries 

10 may award contracts, grants or cooperative agreements to 

11 local non-profit entities, Youth Conservation Corps or re12 lated partnerships with State, local or non-profit youth 

13 groups, or small or micro-business or disadvantaged busi14 ness: Provided further, That the contract, grant, or cooper15 ative agreement is for forest hazardous fuels reduction, 

16 watershed or water quality monitoring or restoration, wild17 life or fish population monitoring, or habitat restoration 

18 or management: Provided further, That the terms ‘‘rural 

19 community’’ and ‘‘economically disadvantaged’’ shall have 

20 the same meanings as in section 2374 of Public Law 101– 

21 624: Provided further, That the Secretaries shall develop 

22 guidance to implement this section: Provided further, That 

23 nothing in this section shall be construed as relieving the 

24 Secretaries of any duty under applicable procurement 

25 laws, except as provided in this section. 
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1 SEC. 414. (a) LIMITATION ON COMPETITIVE

2 SOURCING STUDIES.— 

3 (1) Of the funds made available by this or any 

4 other Act to the Department of the Interior for fis5 cal year 2008, not more than $3,450,000 may be 

6 used by the Secretary of the Interior to initiate or 

7 continue competitive sourcing studies in fiscal year 

8 2008 for programs, projects, and activities for which 

9 funds are appropriated by this Act. 

10 (2) None of the funds available to the Forest 

11 Service may be used in fiscal year 2008 for competi12 tive sourcing studies and related activities. 

13 (b) COMPETITIVE SOURCING STUDY DEFINED.—In 

14 this section, the term ‘‘competitive sourcing study’’ means 

15 a study on subjecting work performed by Federal Govern16 ment employees or private contractors to public-private 

17 competition or on converting the Federal Government em18 ployees or the work performed by such employees to pri19 vate contractor performance under the Office of Manage20 ment and Budget Circular A–76 or any other administra21 tive regulation, directive, or policy. 

22 (c) In preparing any reports to the Committees on 

23 Appropriations on competitive sourcing activities, agencies 

24 funded in this Act shall include the incremental cost di25 rectly attributable to conducting the competitive sourcing 
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1 competitions, including costs attributable to paying out2 side consultants and contractors and, in accordance with 

3 full cost accounting principles, all costs attributable to de4 veloping, implementing, supporting, managing, moni5 toring, and reporting on competitive sourcing, including 

6 personnel, consultant, travel, and training costs associated 

7 with program management. 

8 (d) In carrying out any competitive sourcing study 

9 involving Department of the Interior employees, the Sec10 retary of the Interior shall— 

11 (1) determine whether any of the employees 

12 concerned are also qualified to participate in 

13 wildland fire management activities; and 

14 (2) take into consideration the effect that con15 tracting with a private sector source would have on 

16 the ability of the Department of the Interior to ef17 fectively and efficiently fight and manage wildfires. 

18 SEC. 415. Section 331 of the Department of the Inte19 rior and Related Agencies Appropriations Act, 2000, re20 garding the pilot program to enhance Forest Service ad21 ministration of rights-of-way (as enacted into law by sec22 tion 1000(a)(3) of Public Law 106–113; 113 Stat. 

23 1501A–196; 16 U.S.C. 497 note), as amended, is amend24 ed— 
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1 (1) in subsection (a) by striking ‘‘2006’’ and in2 serting ‘‘2012’’; and 

3 (2) in subsection (b) by striking ‘‘2006’’ and in4 serting ‘‘2012’’. 

5 SEC. 416. Section 321 of the Department of the Inte6 rior and Related Agencies Appropriations Act, 2003, re7 garding Forest Service cooperative agreements with third 

8 parties that are of mutually significant benefit (division 

9 F of Public Law 108–7; 117 Stat. 274; 16 U.S.C. 565a– 

10 1 note) is amended by striking ‘‘September 30, 2007’’ and 

11 inserting ‘‘September 30, 2010’’. 

12 TITLE V—GLOBAL CLIMATE CHANGE 

13 SEC. 501. (a) The Congress finds that— 

14 (1) greenhouse gases accumulating in the at15 mosphere are causing average temperatures to rise 

16 at a rate outside the range of natural variability and 

17 are posing a substantial risk of rising sea-levels, al18 tered patterns of atmospheric and oceanic circula19 tion, and increased frequency and severity of floods, 

20 droughts, and wildfires; 

21 (2) there is a growing scientific consensus that 

22 human activity is a substantial cause of greenhouse 

23 gas accumulation in the atmosphere; and 
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1 (3) mandatory steps will be required to slow or 

2 stop the growth of greenhouse gas emissions into the 

3 atmosphere. 

4 (b) It is the sense of the Congress that there should 

5 be enacted a comprehensive and effective national pro6 gram of mandatory, market-based limits and incentives on 

7 emissions of greenhouse gases that slow, stop, and reverse 

8 the growth of such emissions at a rate and in a manner 

9 that: (1) will not significantly harm the United States 

10 economy; and (2) will encourage comparable action by 

11 other nations that are major trading partners and key con12 tributors to global emissions. 

13 SEC. 502. No funds made available by this Act shall 

14 be used to condemn land. 

15 SEC. 503. None of the funds made available in this 

16 Act may be used to plan, design, study, or construct, for 

17 the purpose of harvesting timber by private entities or in18 dividuals, a forest development road in the Tongass Na19 tional Forest. 

20 SEC. 504. The amount otherwise provided in this Act 

21 for the ‘‘The Historic Preservation Fund’’ is hereby re22 duced by $1,000,000 and increased by $1,000,000. 
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1 TITLE VI—ADDITIONAL GENERAL PROVISIONS 

2 SEC. 601. None of the funds made available in the 

3 Act may be used to eliminate or restrict programs that 

4 are for the reforestation of urban areas. 

5 SEC. 602. None of the funds made available in the 

6 Act may be used to limit outreach programs administered 

7 by the Smithsonian Institution. 

8 SEC. 603. None of the funds made available in this 

9 Act may be used to purchase light bulbs unless the light 

10 bulbs have the ‘‘ENERGY STAR’’ or ‘‘Federal Energy 

11 Management Program’’ designation. 

12 SEC. 604. None of the funds made available under 

13 this Act may be used to promulgate or implement the En14 vironmental Protection Agency proposed regulations pub15 lished in the Federal Register on January 3, 2007 (72 

16 Fed. Reg. 69). 

17 SEC. 605. None of the Funds made available in this 

18 Act for the Division of Criminal Investigation of the Envi19 ronmental Protection Agency may be used in contraven20 tion of the criminal investigator requirements of the Pollu21 tion Prevention Act of 1990 (Public Law 101–593). 

22 SEC. 606. None of the funds made available by this 

23 Act shall be used to prepare or publish final regulations 

24 regarding a commercial leasing program for oil shale re25 sources on public lands pursuant to section 369(d) of the 
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1 Energy Policy Act of 2005 (Public Law 109–58) or to con2 duct an oil shale lease sale pursuant to subsection 369(e) 

3 of such Act. 

4 This Act may be cited as the ‘‘Department of the In5 terior, Environment, and Related Agencies Appropriations 

6 Act, 2008’’. 

Passed the House of Representatives June 27, 2007. 

Attest: 

Clerk. 
110TH CONGRESS 

1ST SESSION H. R. 2643 

AN ACT 

Making appropriations for the Department of the 

for other purposes. the fiscal year ending September 30, 2008, and Interior, environment, and related agencies for