IB 

Union Calendar No. 111 

110TH CONGRESS 

1ST SESSION H. R. 2643 

[Report No. 110–187] 

Making appropriations for the Department of the Interior, environment, and 

related agencies for the fiscal year ending September 30, 2008, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 11, 2007 

Mr. DICKS, from the Committee on Appropriations, reported the following bill; 

which was committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

A BILL 

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, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Department of the Interior, environment, and related 

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

2 and for other purposes, namely: 

3 TITLE I—DEPARTMENT OF THE INTERIOR 

4 BUREAU OF LAND MANAGEMENT

5 MANAGEMENT OF LANDS AND RESOURCES

6 For necessary expenses for protection, use, improve7 ment, development, disposal, cadastral surveying, classi8 fication, acquisition of easements and other interests in 

9 lands, and performance of other functions, including main10 tenance of facilities, as authorized by law, in the manage11 ment of lands and their resources under the jurisdiction 

12 of the Bureau of Land Management, including the general 

13 administration of the Bureau, and assessment of mineral 

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

15 (16 U.S.C. 3150(a)), $888,628,000, to remain available 

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

17 available for oil and gas management; and of which 

18 $1,500,000 is for high priority projects, to be carried out 

19 by the Youth Conservation Corps; and of which 

20 $2,800,000 shall be available in fiscal year 2008 subject 

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

22 Fish and Wildlife Foundation for cost-shared projects sup23 porting conservation of Bureau lands; and such funds 

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

25 without regard to when expenses are incurred. 

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1 In addition, $20,000,000 is for the processing of ap2 plications for permit to drill and related use authoriza3 tions, to remain available until expended, to be reduced 

4 by amounts collected by the Bureau and credited to this 

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

6 application for permit to drill that the Bureau shall collect 

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

8 $34,696,000 is for Mining Law Administration program 

9 operations, including the cost of administering the mining 

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

11 be reduced by amounts collected by the Bureau and cred12 ited to this appropriation from annual mining claim fees 

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

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

15 available until expended, from communication site rental 

16 fees established by the Bureau for the cost of admin17 istering communication site activities. 

18 CONSTRUCTION

19 For construction of buildings, recreation facilities, 

20 roads, trails, and appurtenant facilities, $6,476,000 to re21 main available until expended. 

22 LAND ACQUISITION

23 For expenses necessary to carry out sections 205, 

24 206, and 318(d) of Public Law 94–579, including admin25 istrative expenses and acquisition of lands or waters, or 

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

2 Land and Water Conservation Fund and to remain avail3 able until expended. 

4 OREGON AND CALIFORNIA GRANT LANDS

5 For expenses necessary for management, protection, 

6 and development of resources and for construction, oper7 ation, and maintenance of access roads, reforestation, and 

8 other improvements on the revested Oregon and California 

9 Railroad grant lands, on other Federal lands in the Or10 egon and California land-grant counties of Oregon, and 

11 on adjacent rights-of-way; and acquisition of lands or in12 terests therein, including existing connecting roads on or 

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

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

15 aggregate of all receipts during the current fiscal year 

16 from the revested Oregon and California Railroad grant 

17 lands is hereby made a charge against the Oregon and 

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

19 General Fund in the Treasury in accordance with the sec20 ond paragraph of subsection (b) of title II of the Act of 

21 August 28, 1937 (50 Stat. 876). 

22 FOREST ECOSYSTEM HEALTH AND RECOVERY FUND

23 (REVOLVING FUND, SPECIAL ACCOUNT) 

24 In addition to the purposes authorized in Public Law 

25 102–381, funds made available in the Forest Ecosystem 

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1 Health and Recovery Fund can be used for the purpose 

2 of planning, preparing, implementing and monitoring sal3 vage timber sales and forest ecosystem health and recovery 

4 activities, such as release from competing vegetation and 

5 density control treatments. The Federal share of receipts 

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

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

8 1181f–1 et seq., and Public Law 106–393) derived from 

9 treatments funded by this account shall be deposited into 

10 the Forest Ecosystem Health and Recovery Fund. 

11 RANGE IMPROVEMENTS

12 For rehabilitation, protection, and acquisition of 

13 lands and interests therein, and improvement of Federal 

14 rangelands pursuant to section 401 of the Federal Land 

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

16 notwithstanding any other Act, sums equal to 50 percent 

17 of all moneys received during the prior fiscal year under 

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

19 315 et seq.) and the amount designated for range improve20 ments from grazing fees and mineral leasing receipts from 

21 Bankhead-Jones lands transferred to the Department of 

22 the Interior pursuant to law, but not less than 

23 $10,000,000, to remain available until expended: Pro24 vided, That not to exceed $600,000 shall be available for 

25 administrative expenses. 

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1 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

2 For administrative expenses and other costs related 

3 to processing application documents and other authoriza4 tions for use and disposal of public lands and resources, 

5 for costs of providing copies of official public land docu6 ments, for monitoring construction, operation, and termi7 nation of facilities in conjunction with use authorizations, 

8 and for rehabilitation of damaged property, such amounts 

9 as may be collected under Public Law 94–579, as amend10 ed, and Public Law 93–153, to remain available until ex11 pended: Provided, That, notwithstanding any provision to 

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

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

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

15 forfeiture, compromise, or settlement, if not appropriate 

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

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

18 under the authority of this Act by the Secretary to im19 prove, protect, or rehabilitate any public lands adminis20 tered through the Bureau of Land Management which 

21 have been damaged by the action of a resource developer, 

22 purchaser, permittee, or any unauthorized person, without 

23 regard to whether all moneys collected from each such ac24 tion are used on the exact lands damaged which led to 

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

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

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

3 repair other damaged public lands. 

4 MISCELLANEOUS TRUST FUNDS

5 In addition to amounts authorized to be expended 

6 under existing laws, there is hereby appropriated such 

7 amounts as may be contributed under section 307 of the 

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

9 amounts as may be advanced for administrative costs, sur10 veys, appraisals, and costs of making conveyances of omit11 ted lands under section 211(b) of that Act, to remain 

12 available until expended. 

13 WILDLAND FIRE MANAGEMENT

14 (INCLUDING TRANSFER OF FUNDS) 

15 For necessary expenses for fire preparedness, sup16 pression operations, fire science and research, emergency 

17 rehabilitation and hazardous fuels reduction by the De18 partment of the Interior, $806,644,000, to remain avail19 able until expended, of which not to exceed $4,000,000 

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

21 Provided, That such funds are also available for repay22 ment of advances to other appropriation accounts from 

23 which funds were previously transferred for such purposes: 

24 Provided further, That persons hired pursuant to 43 

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

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1 without cost from funds available from this appropriation: 

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

3 sums received by a bureau or office of the Department 

4 of the Interior for fire protection rendered pursuant to 42 

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

6 may be credited to the appropriation from which funds 

7 were expended to provide that protection, and are avail8 able without fiscal year limitation: Provided further, That 

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

10 the Secretary of the Interior may enter into procurement 

11 contracts, grants, or cooperative agreements, for haz12 ardous fuels reduction activities, and for training and 

13 monitoring associated with such hazardous fuels reduction 

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

15 land for activities that benefit resources on Federal land: 

16 Provided further, That the costs of implementing any co17 operative agreement between the Federal Government and 

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

19 on by the affected parties: Provided further, That notwith20 standing requirements of the Competition in Contracting 

21 Act, the Secretary, for purposes of hazardous fuels reduc22 tion activities, may obtain maximum practicable competi23 tion among: (1) local private, nonprofit, or cooperative en24 tities; (2) Youth Conservation Corps crews, Public Lands 

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

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

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

3 train locally a significant percentage, defined as 50 per4 cent or more, of the project workforce to complete such 

5 contracts: Provided further, That in implementing this sec6 tion, the Secretary shall develop written guidance to field 

7 units to ensure accountability and consistent application 

8 of the authorities provided herein: Provided further, That 

9 funds appropriated under this head may be used to reim10 burse the United States Fish and Wildlife Service and the 

11 National Marine Fisheries Service for the costs of carrying 

12 out their responsibilities under the Endangered Species 

13 Act of 1973 (16 U.S.C. 1531 et seq.) to consult and con14 ference, as required by section 7 of such Act, in connection 

15 with wildland fire management activities: Provided further, 

16 That the Secretary of the Interior and the Secretary of 

17 Agriculture may authorize the transfer of funds appro18 priated for wildland fire management, in an aggregate 

19 amount not to exceed $9,000,000, between the Depart20 ments when such transfers would facilitate and expedite 

21 jointly funded wildland fire management programs and 

22 projects: Provided further, That funds provided for wildfire 

23 suppression shall be available for support of Federal emer24 gency response actions. 

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1 ADMINISTRATIVE PROVISIONS

2 Appropriations for the Bureau of Land Management 

3 shall be available for purchase, erection, and dismantle4 ment of temporary structures, and alteration and mainte5 nance of necessary buildings and appurtenant facilities to 

6 which the United States has title; up to $100,000 for pay7 ments, at the discretion of the Secretary, for information 

8 or evidence concerning violations of laws administered by 

9 the Bureau; miscellaneous and emergency expenses of en10 forcement activities authorized or approved by the Sec11 retary and to be accounted for solely on the Secretary’s 

12 certificate, not to exceed $10,000: Provided, That notwith13 standing 44 U.S.C. 501, the Bureau may, under coopera14 tive cost-sharing and partnership arrangements author15 ized by law, procure printing services from cooperators in 

16 connection with jointly produced publications for which 

17 the cooperators share the cost of printing either in cash 

18 or in services, and the Bureau determines the cooperator 

19 is capable of meeting accepted quality standards. 

20 Section 28 of title 30, United States Code, is amend21 ed: (1) in section 28 by striking the phrase ‘‘shall com22 mence at 12 o’clock meridian on the 1st day of Sep23 tember’’ and inserting ‘‘shall commence at 12:01 ante me24 ridian on the 1st day of September’’; (2) in section 28f(a), 

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

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

2 September 30, 2008,’’. 

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

4 procurements received by the Bureau of Land Manage5 ment from vendors under enterprise information tech6 nology-procurements that the Department of the Interior 

7 and other Federal Government agencies may use to order 

8 information technology hereafter may be deposited into 

9 the Management of Lands and Resources account to offset 

10 costs incurred in conducting the procurement. 

11 UNITED STATES FISH AND WILDLIFE SERVICE

12 RESOURCE MANAGEMENT

13 For necessary expenses of the United States Fish and 

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

15 and economic studies, maintenance of the herd of long16 horned cattle on the Wichita Mountains Wildlife Refuge, 

17 general administration, and for the performance of other 

18 authorized functions related to such resources by direct 

19 expenditure, contracts, grants, cooperative agreements 

20 and reimbursable agreements with public and private enti21 ties, $1,104,572,000, to remain available until September 

22 30, 2009 except as otherwise provided herein: Provided, 

23 That $2,500,000 is for high priority projects, which shall 

24 be carried out by the Youth Conservation Corps: Provided 

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

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

2 4 of the Endangered Species Act, as amended, for species 

3 that are indigenous to the United States (except for proc4 essing petitions, developing and issuing proposed and final 

5 regulations, and taking any other steps to implement ac6 tions described in subsection (c)(2)(A), (c)(2)(B)(i), or 

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

8 be used for any activity regarding the designation of crit9 ical habitat, pursuant to subsection (a)(3), excluding liti10 gation support, for species listed pursuant to subsection 

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

12 of the amount available for law enforcement, up to 

13 $400,000, to remain available until expended, may at the 

14 discretion of the Secretary be used for payment for infor15 mation, rewards, or evidence concerning violations of laws 

16 administered by the Service, and miscellaneous and emer17 gency expenses of enforcement activity, authorized or ap18 proved by the Secretary and to be accounted for solely on 

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

20 amount provided for environmental contaminants, up to 

21 $1,000,000 may remain available until expended for con22 taminant sample analyses. 

23 CONSTRUCTION

24 For construction, improvement, acquisition, or re25 moval of buildings and other facilities required in the conmstockstill on PROD1PC66 with BILLS

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1 servation, management, investigation, protection, and uti2 lization of fishery and wildlife resources, and the acquisi3 tion of lands and interests therein; $31,653,000, to remain 

4 available until expended. 

5 LAND ACQUISITION

6 For expenses necessary to carry out the Land and 

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

8 U.S.C. 460l–4 through 11), including administrative ex9 penses, and for acquisition of land or waters, or interest 

10 therein, in accordance with statutory authority applicable 

11 to the United States Fish and Wildlife Service, 

12 $43,046,000, to be derived from the Land and Water Con13 servation Fund and to remain available until expended: 

14 Provided, That none of the funds appropriated for specific 

15 land acquisition projects can be used to pay for any ad16 ministrative overhead, planning or other management 

17 costs. 

18 COOPERATIVE ENDANGERED SPECIES CONSERVATION

19 FUND

20 For expenses necessary to carry out section 6 of the 

21 Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), 

22 as amended, $81,001,000, to remain available until ex23 pended. 

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1 NATIONAL WILDLIFE REFUGE FUND

2 For expenses necessary to implement the Act of Octo3 ber 17, 1978 (16 U.S.C. 715s), $14,202,000. 

4 NORTH AMERICAN WETLANDS CONSERVATION FUND

5 For expenses necessary to carry out the provisions 

6 of the North American Wetlands Conservation Act, as 

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

8 available until expended. 

9 NEOTROPICAL MIGRATORY BIRD CONSERVATION

10 For expenses necessary to carry out the Neotropical 

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

12 6101 et seq.), $5,000,000, to remain available until ex13 pended. 

14 MULTINATIONAL SPECIES CONSERVATION FUND

15 For expenses necessary to carry out the African Ele16 phant Conservation Act (16 U.S.C. 4201–4203, 4211– 

17 4213, 4221–4225, 4241–4245, and 1538), the Asian Ele18 phant Conservation Act of 1997 (16 U.S.C. 4261–4266), 

19 the Rhinoceros and Tiger Conservation Act of 1994 (16 

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

21 2000 (16 U.S.C. 6301–6305), and the Marine Turtle Con22 servation Act of 2004 (16 U.S.C. 6301–6305), 

23 $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 acceptmstockstill on PROD1PC66 with BILLS

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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, of which $9,965,000 is for planning 

24 and interagency coordination in support of Everglades res25 toration and shall remain available until expended; of 

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1 which $100,164,000, to remain available until September 

2 30, 2009, is for maintenance, repair or rehabilitation 

3 projects for constructed assets, operation of the National 

4 Park Service automated facility management software sys5 tem, environmental studies, and comprehensive facility 

6 condition assessments; and of which $4,000,000 shall be 

7 for the Youth Conservation Corps and the Public Lands 

8 Corps (Public Law 109–154) for high priority projects. 

9 CENTENNIAL CHALLENGE

10 For expenses necessary to carry out provisions of sec11 tion 814(g) of Public Law 104–333 relating to challenge 

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

13 until expended for Centennial Challenge signature projects 

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

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

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

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

18 an irrevocable letter of credit. 

19 NATIONAL RECREATION AND PRESERVATION

20 For expenses necessary to carry out recreation pro21 grams, natural programs, cultural programs, heritage 

22 partnership programs, environmental compliance and re23 view, international park affairs, statutory or contractual 

24 aid for other activities, and grant administration, not oth25 erwise provided for, $62,881,000. 

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1 HISTORIC PRESERVATION FUND

2 (INCLUDING TRANSFERS OF FUNDS) 

3 For expenses necessary in carrying out the Historic 

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

5 and the Omnibus Parks and Public Lands Management 

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

7 derived from the Historic Preservation Fund and to re8 main available until September 30, 2009; of which 

9 $20,000,000 shall be for Save America’s Treasures for 

10 preservation of nationally significant sites, structures, and 

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

12 America grants to States, Tribes, and local communities 

13 for projects that preserve important historic resources 

14 through the promotion of heritage tourism: Provided, That 

15 any individual Save America’s Treasures or Preserve 

16 America grant shall be matched by non-Federal funds; in17 dividual projects shall only be eligible for one grant; and 

18 all projects to be funded shall be approved by the Sec19 retary of the Interior in consultation with the House and 

20 Senate Committees on Appropriations: Provided further, 

21 That Save America’s Treasures funds allocated for Fed22 eral projects, following approval, shall be available by 

23 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 

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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 accommstockstill on PROD1PC66 with BILLS

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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 acmstockstill on PROD1PC66 with BILLS

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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 administramstockstill on PROD1PC66 with BILLS

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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 Unconmstockstill on PROD1PC66 with BILLS

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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 

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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. 

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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, to remain available until 

12 September 30, 2009 except as otherwise provided herein, 

13 of which not to exceed $80,179,000 shall be for welfare 

14 assistance payments: Provided, That in cases of des15 ignated Federal disasters, the Secretary may exceed such 

16 cap, from the amounts provided herein, to provide for dis17 aster relief to Indian communities affected by the disaster; 

18 notwithstanding any other provision of law, including but 

19 not limited to the Indian Self-Determination Act of 1975, 

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

21 for payments for contract support costs associated with 

22 ongoing contracts, grants, compacts, or annual funding 

23 agreements entered into with the Bureau prior to or dur24 ing fiscal year 2008, as authorized by such Act, except 

25 that federally-recognized tribes may use their tribal primstockstill on PROD1PC66 with BILLS

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1 ority allocations for unmet contract support costs of ongo2 ing contracts, grants, or compacts, or annual funding 

3 agreements and for unmet welfare assistance costs; of 

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

5 costs of Bureau-funded schools and other education pro6 grams shall become available on July 1, 2008, and shall 

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

8 not to exceed $66,822,000 shall remain available until ex9 pended for housing improvement, road maintenance, at10 torney fees, litigation support, the Indian Self-Determina11 tion Fund, land records improvement, and the Navajo12 Hopi Settlement Program: Provided further, That notwith13 standing any other provision of law, including but not lim14 ited to the Indian Self-Determination Act of 1975, as 

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

16 within and only from such amounts made available for 

17 school operations shall be available for administrative cost 

18 grants associated with ongoing grants entered into with 

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

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

21 within and only from such amounts made available for 

22 school operations shall be available for the transitional 

23 costs of initial administrative cost grants to grantees that 

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

25 2007, of Bureau-operated schools: Provided further, That 

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1 any forestry funds allocated to a federally-recognized tribe 

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

3 be transferred during fiscal year 2010 to an Indian forest 

4 land assistance account established for the benefit of the 

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

6 Provided further, That any such unobligated balances not 

7 so transferred shall expire on September 30, 2010. 

8 CONSTRUCTION

9 (INCLUDING TRANSFER OF FUNDS)

10 For construction, repair, improvement, and mainte11 nance of irrigation and power systems, buildings, utilities, 

12 and other facilities, including architectural and engineer13 ing services by contract; acquisition of lands, and interests 

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

15 construction of the Navajo Indian Irrigation Project pur16 suant to Public Law 87–483, $207,983,000, to remain 

17 available until expended: Provided, That such amounts as 

18 may be available for the construction of the Navajo Indian 

19 Irrigation Project may be transferred to the Bureau of 

20 Reclamation: Provided further, That not to exceed 6 per21 cent of contract authority available to the Bureau of In22 dian Affairs from the Federal Highway Trust Fund may 

23 be used to cover the road program management costs of 

24 the Bureau: Provided further, That any funds provided for 

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

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1 shall be made available on a nonreimbursable basis: Pro2 vided further, That for fiscal year 2008, in implementing 

3 new construction or facilities improvement and repair 

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

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

6 Secretary of the Interior shall use the Administrative and 

7 Audit Requirements and Cost Principles for Assistance 

8 Programs contained in 43 CFR part 12 as the regulatory 

9 requirements: Provided further, That such grants shall not 

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

11 the grantee shall negotiate and determine a schedule of 

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

13 That in considering applications, the Secretary shall con14 sider whether such grantee would be deficient in assuring 

15 that the construction projects conform to applicable build16 ing standards and codes and Federal, tribal, or State 

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

18 2005(b), with respect to organizational and financial man19 agement capabilities: Provided further, That if the Sec20 retary declines an application, the Secretary shall follow 

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

22 further, That any disputes between the Secretary and any 

23 grantee concerning a grant shall be subject to the disputes 

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

25 order to ensure timely completion of replacement school 

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1 construction projects, the Secretary may assume control 

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

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

4 grantee receiving funds appropriated in this Act or in any 

5 prior Act, has not completed the planning and design 

6 phase of the project and commenced construction of the 

7 replacement school: Provided further, That this Appropria8 tion may be reimbursed from the Office of the Special 

9 Trustee for American Indians Appropriation for the ap10 propriate share of construction costs for space expansion 

11 needed in agency offices to meet trust reform implementa12 tion. 

13 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

14 MISCELLANEOUS PAYMENTS TO INDIANS

15 For payments and necessary administrative expenses 

16 for implementation of Indian land and water claim settle17 ments pursuant to Public Laws 99–264, 100–580, 101– 

18 618, 107–331, 108–447, 109–379, 109–429, and 109– 

19 479, and for implementation of other land and water 

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

21 expended. 

22 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

23 For the cost of guaranteed and insured loans, 

24 $6,276,000, of which $700,000 is for administrative ex25 penses, as authorized by the Indian Financing Act of 

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1 1974, as amended: Provided, That such costs, including 

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

3 section 502 of the Congressional Budget Act of 1974: Pro4 vided further, That these funds are available to subsidize 

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

6 not to exceed $85,506,098. 

7 ADMINISTRATIVE PROVISIONS

8 The Bureau of Indian Affairs may carry out the oper9 ation of Indian programs by direct expenditure, contracts, 

10 cooperative agreements, compacts and grants, either di11 rectly or in cooperation with States and other organiza12 tions. 

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

14 Affairs may contract for services in support of the man15 agement, operation, and maintenance of the Power Divi16 sion of the San Carlos Irrigation Project. 

17 Appropriations for the Bureau of Indian Affairs (ex18 cept the revolving fund for loans, the Indian loan guar19 antee and insurance fund, and the Indian Guaranteed 

20 Loan Program account) shall be available for expenses of 

21 exhibits. 

22 Notwithstanding any other provision of law, no funds 

23 available to the Bureau of Indian Affairs for central office 

24 oversight and Executive Direction and Administrative 

25 Services (except executive direction and administrative 

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1 services funding for Tribal Priority Allocations and re2 gional offices) shall be available for contracts, grants, com3 pacts, or cooperative agreements with the Bureau of In4 dian Affairs under the provisions of the Indian Self-Deter5 mination Act or the Tribal Self-Governance Act of 1994 

6 (Public Law 103–413). 

7 In the event any federally-recognized tribe returns 

8 appropriations made available by this Act to the Bureau 

9 of Indian Affairs, this action shall not diminish the Fed10 eral Government’s trust responsibility to that tribe, or the 

11 government-to-government relationship between the 

12 United States and that tribe, or that tribe’s ability to ac13 cess future appropriations. 

14 Notwithstanding any other provision of law, no funds 

15 available to the Bureau, other than the amounts provided 

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

17 452 et seq., shall be available to support the operation of 

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

19 Appropriations made available in this or any other 

20 Act for schools funded by the Bureau shall be available 

21 only to the schools in the Bureau school system as of Sep22 tember 1, 1996. No funds available to the Bureau shall 

23 be used to support expanded grades for any school or dor24 mitory beyond the grade structure in place or approved 

25 by the Secretary of the Interior at each school in the Bumstockstill on PROD1PC66 with BILLS

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1 reau school system as of October 1, 1995. Funds made 

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

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

4 is defined in section 1146 of the Education Amendments 

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

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

7 Act and that has operated at a Bureau-funded school be8 fore September 1, 1999, may continue to operate during 

9 that period, but only if the charter school pays to the Bu10 reau a pro rata share of funds to reimburse the Bureau 

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

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

13 separate and apart from Bureau funds, and the Bureau 

14 does not assume any obligation for charter school pro15 grams of the State in which the school is located if the 

16 charter school loses such funding. Employees of Bureau17 funded schools sharing a campus with a charter school and 

18 performing functions related to the charter school’s oper19 ation and employees of a charter school shall not be treat20 ed as Federal employees for purposes of chapter 171 of 

21 title 28, United States Code. 

22 Notwithstanding 25 U.S.C. 2007(d), and imple23 menting regulations, the funds reserved from the Indian 

24 Student Equalization Program to meet emergencies and 

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1 propriated herein and in Public Law 109–54 may be used 

2 for costs associated with significant student enrollment in3 creases at Bureau-funded schools during the relevant 

4 school year. 

5 Notwithstanding any other provision of law, including 

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

7 113, if in fiscal year 2003 or 2004 a grantee received indi8 rect and administrative costs pursuant to a distribution 

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

10 Secretary shall continue to distribute indirect and admin11 istrative cost funds to such grantee using the section 5(f) 

12 distribution formula. 

13 DEPARTMENTAL OFFICES

14 OFFICE OF THE SECRETARY

15 SALARIES AND EXPENSES

16 For necessary expenses for management of the Depart17 ment of the Interior, $136,413,000, of which $35,262,000 

18 for activities related to the Financial and Business Man19 agement System shall remain available until expended, 

20 and of which not to exceed $15,000 may be for official 

21 reception and representation expenses, and of which up 

22 to $1,000,000 shall be available for workers compensation 

23 payments and unemployment compensation payments as24 sociated with the orderly closure of the United States Bu25 reau of Mines. 

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1 INSULAR AFFAIRS

2 ASSISTANCE TO TERRITORIES

3 For expenses necessary for assistance to territories 

4 under the jurisdiction of the Department of the Interior, 

5 $78,292,000, of which: (1) $69,816,000 shall be available 

6 until expended for technical assistance, including mainte7 nance assistance, disaster assistance, insular management 

8 controls, coral reef initiative activities, and brown tree 

9 snake control and research; grants to the judiciary in 

10 American Samoa for compensation and expenses, as au11 thorized by law (48 U.S.C. 1661(c)); grants to the Govern12 ment of American Samoa, in addition to current local rev13 enues, for construction and support of governmental func14 tions; grants to the Government of the Virgin Islands as 

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

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

17 the Northern Mariana Islands as authorized by law (Pub18 lic Law 94–241; 90 Stat. 272); and (2) $8,476,000 shall 

19 be available until September 30, 2009 for salaries and ex20 penses of the Office of Insular Affairs: Provided, That all 

21 financial transactions of the territorial and local govern22 ments herein provided for, including such transactions of 

23 all agencies or instrumentalities established or used by 

24 such governments, may be audited by the Government Ac25 countability Office, at its discretion, in accordance with 

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1 chapter 35 of title 31, United States Code: Provided fur2 ther, That Northern Mariana Islands Covenant grant 

3 funding shall be provided according to those terms of the 

4 Agreement of the Special Representatives on Future 

5 United States Financial Assistance for the Northern Mar6 iana Islands approved by Public Law 104–134: Provided 

7 further, That of the amounts provided for technical assist8 ance, sufficient funds shall be made available for a grant 

9 to the Pacific Basin Development Council: Provided fur10 ther, That of the amounts provided for technical assist11 ance, sufficient funding shall be made available for a grant 

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

13 funds for the program of operations and maintenance im14 provement are appropriated to institutionalize routine op15 erations and maintenance improvement of capital infra16 structure with territorial participation and cost sharing to 

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

18 commitment to timely maintenance of its capital assets: 

19 Provided further, That any appropriation for disaster as20 sistance under this heading in this Act or previous appro21 priations Acts may be used as non-Federal matching 

22 funds for the purpose of hazard mitigation grants provided 

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

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

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1 COMPACT OF FREE ASSOCIATION

2 For grants and necessary expenses, $5,362,000 to re3 main available until expended, as provided for in sections 

4 221(a)(2), 221(b), and 233 of the Compact of Free Asso5 ciation for the Republic of Palau; and section 221(a)(2) 

6 of the Compacts of Free Association for the Government 

7 of the Republic of the Marshall Islands and the Federated 

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

9 658 and Public Law 108–188. 

10 OFFICE OF THE SOLICITOR

11 SALARIES AND EXPENSES

12 For necessary expenses of the Office of the Solicitor, 

13 $59,250,000. 

14 OFFICE OF INSPECTOR GENERAL

15 SALARIES AND EXPENSES

16 For necessary expenses of the Office of Inspector 

17 General, $43,822,000. 

18 OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

19 FEDERAL TRUST PROGRAMS

20 For the operation of trust programs by direct expend21 iture, contracts, cooperative agreements, compacts, and 

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

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

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

25 That funds for trust management improvements and litimstockstill on PROD1PC66 with BILLS

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•HR 2643 RH 

1 gation support may, as needed, be transferred to or 

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

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

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

5 Secretary, ‘‘Salaries and Expenses’’ account: Provided fur6 ther, That funds made available through contracts or 

7 grants obligated during fiscal year 2008, as authorized by 

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

9 et seq.), shall remain available until expended by the con10 tractor or grantee: Provided further, That, notwith11 standing any other provision of law, the statute of limita12 tions shall not commence to run on any claim, including 

13 any claim in litigation pending on the date of the enact14 ment of this Act, concerning losses to or mismanagement 

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

16 has been furnished with an accounting of such funds from 

17 which the beneficiary can determine whether there has 

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

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

20 to provide a quarterly statement of performance for any 

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

22 18 months and has a balance of $15.00 or less: Provided 

23 further, That the Secretary shall issue an annual account 

24 statement and maintain a record of any such accounts and 

25 shall permit the balance in each such account to be withmstockstill on PROD1PC66 with BILLS

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1 drawn upon the express written request of the account 

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

3 available for the Secretary to make payments to correct 

4 administrative errors of either disbursements from or de5 posits to Individual Indian Money or Tribal accounts after 

6 September 30, 2002: Provided further, That erroneous 

7 payments that are recovered shall be credited to and re8 main available in this account for this purpose. 

9 INDIAN LAND CONSOLIDATION

10 For consolidation of fractional interests in Indian 

11 lands and expenses associated with redetermining and re12 distributing escheated interests in allotted lands, and for 

13 necessary expenses to carry out the Indian Land Consoli14 dation Act of 1983, as amended, by direct expenditure or 

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

16 until expended, and which may be transferred to the Bu17 reau of Indian Affairs and Office of the Secretary ac18 counts. 

19 DEPARTMENT-WIDE PROGRAMS

20 PAYMENTS IN LIEU OF TAXES

21 For expenses necessary to implement the Act of Octo22 ber 20, 1976, as amended (31 U.S.C. 6901–6907), 

23 $232,528,000, of which not to exceed $400,000 shall be 

24 available for administrative expenses: Provided, That no 

25 payment shall be made to otherwise eligible units of local 

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1 government if the computed amount of the payment is less 

2 than $100. 

3 CENTRAL HAZARDOUS MATERIALS FUND

4 For necessary expenses of the Department of the In5 terior and any of its component offices and bureaus for 

6 the remedial action, including associated activities, of haz7 ardous waste substances, pollutants, or contaminants pur8 suant to the Comprehensive Environmental Response, 

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

10 9601 et seq.), $9,954,000, to remain available until ex11 pended: Provided, That hereafter, notwithstanding 31 

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

13 advance of or as reimbursement for remedial action or re14 sponse activities conducted by the Department pursuant 

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

16 this account, to be available until expended without fur17 ther appropriation: Provided further, That hereafter such 

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

19 to monetary payments and may include stocks, bonds or 

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

21 liquidated, or otherwise disposed of by the Secretary and 

22 which shall be credited to this account. 

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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. 

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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 subsemstockstill on PROD1PC66 with BILLS

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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 

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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 

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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 

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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 Dismstockstill on PROD1PC66 with BILLS

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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. 

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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 Departmstockstill on PROD1PC66 with BILLS

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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 

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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, to remain 

23 available until September 30, 2009. 

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1 COMMISSION ON CLIMATE CHANGE ADAPTATION AND

2 MITIGATION

3 (INCLUDING TRANSFERS OF FUNDS)

4 For expenses necessary for support of the activities 

5 of the Commission on Climate Change Adaptation and 

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

7 available until the termination of the Commission on Sep8 tember 30, 2009: Provided, That $5,000,000 shall be 

9 available to the Administrator of the Environmental Pro10 tection Agency for the direct support of the Commission 

11 in reviewing science challenges related to adaptation and 

12 mitigation strategies necessitated by climate change, and 

13 for identification of specific action steps to address these 

14 challenges: Provided further, That funding allocated for di15 rect support of Commission activities shall include the sal16 aries and expenses of Commission staff, travel and related 

17 costs of Commission members and for the contractual 

18 costs of the National Academy of Sciences: Provided fur19 ther, That, not later than July 1, 2008, the remaining 

20 $45,000,000 shall be transferred by the Administrator to 

21 agencies or offices of the Federal Government with climate 

22 science responsibilities for implementation of Commission 

23 recommendations. 

24 The Commission established and financed with this 

25 appropriation shall consist of the Administrator of the En26 vironmental Protection Agency, the Director of the Namstockstill on PROD1PC66 with BILLS

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1 tional Science Foundation, the Administrator of the Na2 tional Aeronautics and Space Administration, the Director 

3 of the United States Geological Survey, the Undersecre4 tary for Science of the Department of Energy, the Admin5 istrator of the National Oceanographic and Atmospheric 

6 Administration, the Chief of the United States Forest 

7 Service, the President of the National Academy of 

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

9 the President of the National Academy of Engineering, 

10 and six additional members with appropriate expertise, to 

11 be selected by the Chairman. 

12 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

13 For environmental programs and management, in14 cluding necessary expenses, not otherwise provided for, for 

15 personnel and related costs and travel expenses, including 

16 uniforms, or allowances therefor, as authorized by 5 

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

18 3109, but at rates for individuals not to exceed the per 

19 diem rate equivalent to the maximum rate payable for sen20 ior level positions under 5 U.S.C. 5376; hire of passenger 

21 motor vehicles; hire, maintenance, and operation of air22 craft; purchase of reprints; library memberships in soci23 eties or associations which issue publications to members 

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

25 who are not members; construction, alteration, repair, remstockstill on PROD1PC66 with BILLS

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1 habilitation, and renovation of facilities, not to exceed 

2 $85,000 per project; and not to exceed $9,000 for official 

3 reception and representation expenses, $2,375,582,000, to 

4 remain available until September 30, 2009, including ad5 ministrative costs of the brownfields program under the 

6 Small Business Liability Relief and Brownfields Revital7 ization Act of 2002. 

8 OFFICE OF INSPECTOR GENERAL

9 For necessary expenses of the Office of Inspector 

10 General in carrying out the provisions of the Inspector 

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

12 alteration, repair, rehabilitation, and renovation of facili13 ties, not to exceed $85,000 per project, $43,500,000, to 

14 remain available until September 30, 2009. 

15 BUILDINGS AND FACILITIES

16 For construction, repair, improvement, extension, al17 teration, and purchase of fixed equipment or facilities of, 

18 or for use by, the Environmental Protection Agency, 

19 $34,801,000, to remain available until expended. 

20 HAZARDOUS SUBSTANCE SUPERFUND

21 (INCLUDING TRANSFERS OF FUNDS) 

22 For necessary expenses to carry out the Comprehen23 sive Environmental Response, Compensation, and Liabil24 ity Act of 1980 (CERCLA), as amended, including sec25 tions 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 

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1 9611), and for construction, alteration, repair, rehabilita2 tion, and renovation of facilities, not to exceed $85,000 

3 per project; $1,272,008,000, to remain available until ex4 pended, consisting of such sums as are available in the 

5 Trust Fund on September 30, 2007, as authorized by sec6 tion 517(a) of the Superfund Amendments and Reauthor7 ization Act of 1986 (SARA) and up to $1,272,008,000, 

8 as a payment from general revenues to the Hazardous 

9 Substance Superfund for purposes as authorized by sec10 tion 517(b) of SARA, as amended: Provided, That funds 

11 appropriated under this heading may be allocated to other 

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

13 CERCLA: Provided further, That of the funds appro14 priated under this heading, $10,000,000 shall be paid to 

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

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

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

18 to remain available until September 30, 2009. 

19 LEAKING UNDERGROUND STORAGE TANK TRUST FUND

20 PROGRAM

21 For necessary expenses to carry out leaking under22 ground storage tank cleanup activities authorized by sub23 title I of the Solid Waste Disposal Act, as amended, and 

24 for construction, alteration, repair, rehabilitation, and ren25 ovation of Environmental Protection Agency facilities, not 

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

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

3 for carrying out leaking underground storage tank cleanup 

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

5 Disposal Act, as amended; $35,500,000 shall be for car6 rying out the other provisions of the Solid Waste Disposal 

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

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

9 authorized to use appropriations made available under this 

10 heading to implement section 9013 of the Solid Waste Dis11 posal Act to provide financial assistance to federally-recog12 nized Indian tribes for the development and implementa13 tion of programs to manage underground storage tanks. 

14 OIL SPILL RESPONSE

15 For expenses necessary to carry out the Environ16 mental Protection Agency’s responsibilities under the Oil 

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

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

19 expended. 

20 STATE AND TRIBAL ASSISTANCE GRANTS

21 For environmental programs and infrastructure as22 sistance, including capitalization grants for State revolv23 ing funds and performance partnership grants, 

24 $3,391,514,000, to remain available until expended, of 

25 which $1,125,000,000 shall be for making capitalization 

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1 grants for the Clean Water State Revolving Funds under 

2 title VI of the Federal Water Pollution Control Act, as 

3 amended (the ‘‘Act’’); of which up to $75,000,000 shall 

4 be available for loans, including interest free loans as au5 thorized by 33 U.S.C. 1383(d)(1)(A), to municipal, inter6 municipal, interstate, or State agencies or nonprofit enti7 ties for projects that provide treatment for or that mini8 mize sewage or stormwater discharges using one or more 

9 approaches which include, but are not limited to, decen10 tralized or distributed stormwater controls, decentralized 

11 wastewater treatment, low-impact development practices, 

12 conservation easements, stream buffers, or wetlands res13 toration; $842,167,000 shall be for capitalization grants 

14 for the Drinking Water State Revolving Funds under sec15 tion 1452 of the Safe Drinking Water Act, as amended; 

16 $10,000,000 shall be for architectural, engineering, plan17 ning, design, construction and related activities in connec18 tion with the construction of high priority water and 

19 wastewater facilities in the area of the United States-Mex20 ico Border, after consultation with the appropriate border 

21 commission; $10,500,000 shall be for grants to the State 

22 of Alaska to address drinking water and waste infrastruc23 ture needs of rural and Alaska Native Villages: Provided, 

24 That, of these funds: (1) the State of Alaska shall provide 

25 a match of 25 percent; (2) no more than 5 percent of the 

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1 funds may be used for administrative and overhead ex2 penses; and (3) not later than October 1, 2005, the State 

3 of Alaska shall make awards consistent with the State4 wide priority list established in 2004 for all water, sewer, 

5 waste disposal, and similar projects carried out by the 

6 State of Alaska that are funded under section 221 of the 

7 Federal Water Pollution Control Act (33 U.S.C. 1301) or 

8 the Consolidated Farm and Rural Development Act (7 

9 U.S.C. 1921 et seq.) which shall allocate not less than 25 

10 percent of the funds provided for projects in regional hub 

11 communities; $140,000,000 shall be for making special 

12 project grants for the construction of drinking water, 

13 wastewater and storm water infrastructure and for water 

14 quality protection, and, for purposes of these grants, each 

15 grantee shall contribute not less than 45 percent of the 

16 cost of the project unless the grantee is approved for a 

17 waiver by the Agency; $100,000,000 shall be to carry out 

18 section 104(k) of the Comprehensive Environmental Re19 sponse, Compensation, and Liability Act of 1980 

20 (CERCLA), as amended, including grants, interagency 

21 agreements, and associated program support costs; 

22 $50,000,000 shall be for grants under title VII, subtitle 

23 G of the Energy Policy Act of 2005, as amended; and 

24 $1,113,847,000 shall be for grants, including associated 

25 program support costs, to States, federally-recognized 

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1 tribes, interstate agencies, tribal consortia, and air pollu2 tion control agencies for multi-media or single media pol3 lution prevention, control and abatement and related ac4 tivities, including activities pursuant to the provisions set 

5 forth under this heading in Public Law 104–134, and for 

6 making grants under section 103 of the Clean Air Act for 

7 particulate matter monitoring and data collection activi8 ties subject to terms and conditions specified by the Ad9 ministrator, of which $49,495,000 shall be for carrying 

10 out section 128 of CERCLA, as amended, $10,000,000 

11 shall be for Environmental Information Exchange Net12 work grants, including associated program support costs, 

13 $18,500,000 of the funds available for grants under sec14 tion 106 of the Act shall be for water quality monitoring 

15 activities, $25,000,000 shall be for making competitive 

16 targeted watershed grants, and, in addition to funds ap17 propriated under the heading ‘‘Leaking Underground 

18 Storage Tank Trust Fund Program’’ to carry out the pro19 visions of the Solid Waste Disposal Act specified in section 

20 9508(c) of the Internal Revenue Code other than section 

21 9003(h) of the Solid Waste Disposal Act, as amended, 

22 $2,500,000 shall be for financial assistance to States 

23 under section 2007(f)(2) of the Solid Waste Disposal Act, 

24 as amended: Provided further, That notwithstanding sec25 tion 603(d)(7) of the Federal Water Pollution Control Act, 

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1 the limitation on the amounts in a State water pollution 

2 control revolving fund that may be used by a State to ad3 minister the fund shall not apply to amounts included as 

4 principal in loans made by such fund in fiscal year 2008 

5 and prior years where such amounts represent costs of ad6 ministering the fund to the extent that such amounts are 

7 or were deemed reasonable by the Administrator, ac8 counted for separately from other assets in the fund, and 

9 used for eligible purposes of the fund, including adminis10 tration: Provided further, That for fiscal year 2008, and 

11 notwithstanding section 518(f) of the Act, the Adminis12 trator is authorized to use the amounts appropriated for 

13 any fiscal year under section 319 of that Act to make 

14 grants to federally-recognized Indian tribes pursuant to 

15 sections 319(h) and 518(e) of that Act: Provided further, 

16 That for fiscal year 2008, notwithstanding the limitation 

17 on amounts in section 518(c) of the Act, up to a total 

of 11 18 ⁄2 percent of the funds appropriated for State Revolv19 ing Funds under title VI of that Act may be reserved by 

20 the Administrator for grants under section 518(c) of that 

21 Act: Provided further, That no funds provided by this ap22 propriations Act to address the water, wastewater and 

23 other critical infrastructure needs of the colonias in the 

24 United States along the United States-Mexico border shall 

25 be made available to a county or municipal government 

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1 unless that government has established an enforceable 

2 local ordinance, or other zoning rule, which prevents in 

3 that jurisdiction the development or construction of any 

4 additional colonia areas, or the development within an ex5 isting colonia the construction of any new home, business, 

6 or other structure which lacks water, wastewater, or other 

7 necessary infrastructure. 

8 ADMINISTRATIVE PROVISIONS, ENVIRONMENTAL

9 PROTECTION AGENCY

10 (INCLUDING RESCISSIONS OF FUNDS)

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

12 6303(1) and 6305(1), the Administrator of the Environ13 mental Protection Agency, in carrying out the Agency’s 

14 function to implement directly Federal environmental pro15 grams required or authorized by law in the absence of an 

16 acceptable tribal program, may award cooperative agree17 ments to federally-recognized Indian Tribes or Intertribal 

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

19 the Administrator in implementing Federal environmental 

20 programs for Indian Tribes required or authorized by law, 

21 except that no such cooperative agreements may be award22 ed from funds designated for State financial assistance 

23 agreements. 

24 The Administrator of the Environmental Protection 

25 Agency is authorized to collect and obligate pesticide regmstockstill on PROD1PC66 with BILLS

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1 istration service fees in accordance with section 33 of the 

2 Federal Insecticide, Fungicide, and Rodenticide Act (as 

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

4 Improvement Act of 2003), as amended. 

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

6 directly or through grants, to pay or to provide reimburse7 ment for payment of the salary of a consultant (whether 

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

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

10 the Executive Schedule, unless specifically authorized by 

11 law. 

12 From unobligated balances to carry out projects and 

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

14 Water Pollution Control Act, $5,000,000 are hereby re15 scinded. 

16 None of the funds made available by this Act may 

17 be used in contravention of, or to delay the implementa18 tion of, Executive Order No. 12898 of February 11, 1994 

19 (59 Fed. Reg. 7629; relating to Federal actions to address 

20 environmental justice in minority populations and low-in21 come populations). 

22 Of the funds provided in the Environmental Pro23 grams and Management account, not less than $2,000,000 

24 shall be available to take such actions as are necessary 

25 for the proposal of regulations requiring the reduction of 

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1 greenhouse gas emissions and to publish such proposed 

2 regulations. 

3 TITLE III—RELATED AGENCIES 

4 DEPARTMENT OF AGRICULTURE 

5 FOREST SERVICE

6 FOREST AND RANGELAND RESEARCH

7 For necessary expenses of forest and rangeland re8 search as authorized by law, $295,937,000, to remain 

9 available until expended: Provided, That of the funds pro10 vided, $62,329,000 is for the forest inventory and analysis 

11 program. 

12 STATE AND PRIVATE FORESTRY

13 For necessary expenses of cooperating with and pro14 viding technical and financial assistance to States, terri15 tories, possessions, and others, and for forest health man16 agement, including treatments of pests, pathogens, and 

17 invasive or noxious plants and for restoring and rehabili18 tating forests damaged by pests or invasive plants, cooper19 ative forestry, and education and land conservation activi20 ties and conducting an international program as author21 ized, $280,602,000, to remain available until expended, as 

22 authorized by law; of which $8,000,000 is for the Inter23 national Program; and of which $56,336,000 is to be de24 rived from the Land and Water Conservation Fund. 

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1 NATIONAL FOREST SYSTEM

2 For necessary expenses of the Forest Service, not 

3 otherwise provided for, for management, protection, im4 provement, and utilization of the National Forest System, 

5 $1,506,502,000, to remain available until expended, which 

6 shall include 50 percent of all moneys received during 

7 prior fiscal years as fees collected under the Land and 

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

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

10 6a(i)): Provided, That unobligated balances under this 

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

12 displayed by budget line item in the fiscal year 2009 budg13 et justification. 

14 CAPITAL IMPROVEMENT AND MAINTENANCE

15 (INCLUDING TRANSFERS OF FUNDS)

16 For necessary expenses of the Forest Service, not 

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

18 until expended, for construction, capital improvement, 

19 maintenance and acquisition of buildings and other facili20 ties, and infrastructure; and for construction, capital im21 provement, decommissioning, and maintenance of forest 

22 roads and trails by the Forest Service as authorized by 

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

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

25 roads purchaser election fund and merged with this acmstockstill on PROD1PC66 with BILLS

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1 count, to remain available until expended: Provided, That 

2 $65,000,000 shall be designated for urgently needed road 

3 decommissioning, road and trail repair and maintenance 

4 and associated activities, and removal of fish passage bar5 riers, especially in areas where Forest Service roads may 

6 be contributing to water quality problems in streams and 

7 water bodies which support threatened, endangered or 

8 sensitive species or community water sources and for ur9 gently needed road repairs required due to recent storm 

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

11 funds provided herein for road maintenance shall be avail12 able for the decommissioning of roads, including unau13 thorized roads not part of the transportation system, 

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

15 decommissioning of unauthorized roads not part of the of16 ficial transportation system shall be expedited in response 

17 to threats to public safety, water quality, or natural re18 sources: Provided further, That funds becoming available 

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

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

21 the Treasury and shall not be available for transfer or obli22 gation for any other purpose unless the funds are appro23 priated. 

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1 LAND ACQUISITION

2 For expenses necessary to carry out the provisions 

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

4 as amended (16 U.S.C. 460l–4 through 11), including ad5 ministrative expenses, and for acquisition of land or wa6 ters, or interest therein, in accordance with statutory au7 thority applicable to the Forest Service, $44,485,000, to 

8 be derived from the Land and Water Conservation Fund 

9 and to remain available until expended. 

10 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

11 ACTS

12 For acquisition of lands within the exterior bound13 aries of the Cache, Uinta, and Wasatch National Forests, 

14 Utah; the Toiyabe National Forest, Nevada; and the An15 geles, San Bernardino, Sequoia, and Cleveland National 

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

17 be derived from forest receipts. 

18 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

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

20 from funds deposited by State, county, or municipal gov21 ernments, public school districts, or other public school au22 thorities, and for authorized expenditures from funds de23 posited by non-Federal parties pursuant to Land Sale and 

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

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

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

2 96–586; Public Law 76–589, 76–591; and 78–310.) 

3 RANGE BETTERMENT FUND

4 For necessary expenses of range rehabilitation, pro5 tection, and improvement, 50 percent of all moneys re6 ceived during the prior fiscal year, as fees for grazing do7 mestic livestock on lands in National Forests in the 16 

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

9 Law 94–579, as amended, to remain available until ex10 pended, of which not to exceed 6 percent shall be available 

11 for administrative expenses associated with on-the-ground 

12 range rehabilitation, protection, and improvements. 

13 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

14 RANGELAND RESEARCH

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

16 $56,000, to remain available until expended, to be derived 

17 from the fund established pursuant to the above Act. 

18 MANAGEMENT OF NATIONAL FOREST LANDS FOR

19 SUBSISTENCE USES

20 For necessary expenses of the Forest Service to man21 age Federal lands in Alaska for subsistence uses under 

22 title VIII of the Alaska National Interest Lands Conserva23 tion Act (Public Law 96–487), $5,053,000, to remain 

24 available until expended. 

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1 WILDLAND FIRE MANAGEMENT

2 (INCLUDING TRANSFERS OF FUNDS) 

3 For necessary expenses for forest fire presuppression 

4 activities on National Forest System lands, for emergency 

5 fire suppression on or adjacent to such lands or other 

6 lands under fire protection agreement, hazardous fuels re7 duction on or adjacent to such lands, and for emergency 

8 rehabilitation of burned-over National Forest System 

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

10 expended: Provided, That such funds including unobli11 gated balances under this heading, are available for repay12 ment of advances from other appropriations accounts pre13 viously transferred for such purposes: Provided further, 

14 That such funds shall be available to reimburse State and 

15 other cooperating entities for services provided in response 

16 to wildfire and other emergencies or disasters to the extent 

17 such reimbursements by the Forest Service for non-fire 

18 emergencies are fully repaid by the responsible emergency 

19 management agency: Provided further, That not less than 

20 50 percent of any unobligated balances remaining (exclu21 sive of amounts for hazardous fuels reduction) at the end 

22 of fiscal year 2007 shall be transferred to the fund estab23 lished pursuant to section 3 of Public Law 71–319 (16 

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

25 unpaid past advances: Provided further, That, notwithmstockstill on PROD1PC66 with BILLS

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1 standing any other provision of law, $8,000,000 of funds 

2 appropriated under this appropriation shall be used for 

3 Fire Science Research in support of the Joint Fire Science 

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

5 of funds, including the use of contracts, grants, and coop6 erative agreements, available to execute the Forest and 

7 Rangeland Research appropriation, are also available in 

8 the utilization of these funds for Fire Science Research: 

9 Provided further, That funds provided shall be available 

10 for emergency rehabilitation and restoration, hazardous 

11 fuels reduction activities in the urban-wildland interface, 

12 support to Federal emergency response, and wildfire sup13 pression activities of the Forest Service: Provided further, 

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

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

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

17 to make competitive research grants pursuant to the For18 est and Rangeland Renewable Resources Research Act, as 

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

20 State fire assistance, $10,000,000 is for volunteer fire as21 sistance, $14,252,000 is for forest health activities on 

22 Federal lands and $10,014,000 is for forest health activi23 ties on State and private lands: Provided further, That 

24 amounts in this paragraph may be transferred to the 

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

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

2 State fire assistance, volunteer fire assistance, forest 

3 health management, forest and rangeland research, joint 

4 fire sciences, vegetation and watershed management, her5 itage site rehabilitation, and wildlife and fish habitat man6 agement and restoration: Provided further, That transfers 

7 of any amounts in excess of those authorized in this para8 graph, shall require approval of the House and Senate 

9 Committees on Appropriations in compliance with re10 programming procedures contained in the report accom11 panying this Act: Provided further, That the costs of im12 plementing any cooperative agreement between the Fed13 eral Government and any non-Federal entity may be 

14 shared, as mutually agreed on by the affected parties: Pro15 vided further, That in addition to funds provided for State 

16 Fire Assistance programs, and subject to all authorities 

17 available to the Forest Service under the State and Pri18 vate Forestry Appropriation, up to $10,000,000 may be 

19 used on adjacent non-Federal lands for the purpose of pro20 tecting communities when hazard reduction activities are 

21 planned on national forest lands that have the potential 

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

23 included in funding for hazardous fuel reduction is 

24 $5,000,000 for implementing the Community Forest Res25 toration Act, Public Law 106–393, title VI, and any pormstockstill on PROD1PC66 with BILLS

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1 tion of such funds shall be available for use on non-Fed2 eral lands in accordance with authorities available to the 

3 Forest Service under the State and Private Forestry Ap4 propriation: Provided further, That the Secretary of the 

5 Interior and the Secretary of Agriculture may authorize 

6 the transfer of funds appropriated for wildland fire man7 agement, in an aggregate amount not to exceed 

8 $9,000,000, between the Departments when such trans9 fers would facilitate and expedite jointly funded wildland 

10 fire management programs and projects: Provided further, 

11 That of the funds provided for hazardous fuels reduction, 

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

13 using any authorities available to the Forest Service under 

14 the State and Private Forestry appropriation, for the pur15 pose of creating incentives for increased use of biomass 

16 from national forest lands: Provided further, That funds 

17 designated for wildfire suppression shall be assessed for 

18 cost pools on the same basis as such assessments are cal19 culated against other agency programs. 

20 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

21 Appropriations to the Forest Service for the current 

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

23 motor vehicles; acquisition of passenger motor vehicles 

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

25 lease, operation, maintenance, and acquisition of aircraft 

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1 from excess sources to maintain the operable fleet for use 

2 in Forest Service wildland fire programs and other Forest 

3 Service programs; notwithstanding other provisions of law, 

4 existing aircraft being replaced may be sold, with proceeds 

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

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

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

8 under 5 U.S.C. 3109; (3) purchase, erection, and alter9 ation of buildings and other public improvements (7 

10 U.S.C. 2250); (4) acquisition of land, waters, and inter11 ests therein pursuant to 7 U.S.C. 428a; (5) for expenses 

12 pursuant to the Volunteers in the National Forest Act of 

13 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost 

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

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

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

17 Any appropriations or funds available to the Forest 

18 Service may be transferred to the Wildland Fire Manage19 ment appropriation for forest firefighting, emergency re20 habilitation of burned-over or damaged lands or waters 

21 under its jurisdiction, and fire preparedness due to severe 

22 burning conditions upon notification of the House and 

23 Senate Committees on Appropriations and if and only if 

24 all previously appropriated emergency contingent funds 

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

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1 been released by the President and apportioned and all 

2 wildfire suppression funds under the heading ‘‘Wildland 

3 Fire Management’’ are obligated. 

4 Funds appropriated to the Forest Service shall be 

5 available for assistance to or through the Agency for Inter6 national Development in connection with forest and range7 land research, technical information, and assistance in for8 eign countries, and shall be available to support forestry 

9 and related natural resource activities outside the United 

10 States and its territories and possessions, including tech11 nical assistance, education and training, and cooperation 

12 with United States and international organizations. 

13 None of the funds made available to the Forest Serv14 ice in this Act or any other Act with respect to any fiscal 

15 year shall be subject to transfer under the provisions of 

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

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

18 106–224 (7 U.S.C. 7772), or section 10417(b) of Public 

19 Law 107–107 (7 U.S.C. 8316(b)). 

20 None of the funds available to the Forest Service may 

21 be reprogrammed without the advance approval of the 

22 House and Senate Committees on Appropriations in ac23 cordance with the reprogramming procedures contained in 

24 the report accompanying this Act. 

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

2 Forest Service shall be transferred to the Working Capital 

3 Fund of the Department of Agriculture and not more than 

4 $24,021,000 of funds available to the Forest Service shall 

5 be transferred to the Department of Agriculture for De6 partment Reimbursable Programs, commonly referred to 

7 as Greenbook charges. Nothing in this paragraph shall 

8 prohibit or limit the use of reimbursable agreements re9 quested by the Forest Service in order to obtain services 

10 from the Department of Agriculture’s National Informa11 tion Technology Center. 

12 Funds available to the Forest Service shall be avail13 able to conduct a program of not less than $5,000,000 

14 for high priority projects within the scope of the approved 

15 budget which shall be carried out by the Youth Conserva16 tion Corps or the Public Lands Corps (Public Law 109– 

17 154). 

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

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

20 reception and representation expenses. 

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

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

23 $3,000,000 may be advanced in a lump sum to the Na24 tional Forest Foundation to aid conservation partnership 

25 projects in support of the Forest Service mission, without 

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1 regard to when the Foundation incurs expenses, for ad2 ministrative expenses or projects on or benefitting Na3 tional Forest System lands or related to Forest Service 

4 programs: Provided, That of the Federal funds made 

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

6 be available for administrative expenses: Provided further, 

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

8 of Federal financial assistance, private contributions to 

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

10 by the Forest Service: Provided further, That the Founda11 tion may transfer Federal funds to a non-Federal recipient 

12 for a project at the same rate that the recipient has ob13 tained the non-Federal matching funds: Provided further, 

14 That authorized investments of Federal funds held by the 

15 Foundation may be made only in interest-bearing obliga16 tions of the United States or in obligations guaranteed as 

17 to both principal and interest by the United States. 

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

19 $2,650,000 of the funds available to the Forest Service 

20 shall be advanced to the National Fish and Wildlife Foun21 dation in a lump sum to aid cost-share conservation 

22 projects, without regard to when expenses are incurred, 

23 on or benefitting National Forest System lands or related 

24 to Forest Service programs: Provided, That such funds 

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

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

2 the Foundation may transfer Federal funds to a Federal 

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

4 that the recipient has obtained the non-Federal matching 

5 funds. 

6 Funds appropriated to the Forest Service shall be 

7 available for interactions with and providing technical as8 sistance to rural communities for sustainable rural devel9 opment purposes. 

10 Funds appropriated to the Forest Service shall be 

11 available for payments to counties within the Columbia 

12 River Gorge National Scenic Area, pursuant to sections 

13 14(c)(1) and (2), and section 16(a)(2) of Public Law 99– 

14 663. 

15 An eligible individual who is employed in any project 

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

17 (42 U.S.C. 3056 et seq.) and administered by the Forest 

18 Service shall be considered to be a Federal employee for 

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

20 Any funds appropriated to the Forest Service may 

21 be used to meet the non-Federal share requirement in sec22 tion 502(c) of the Older American Act of 1965 (42 U.S.C. 

23 3056(c)(2)). 

24 Funds available to the Forest Service, not to exceed 

25 $45,000,000, shall be assessed for the purpose of permstockstill on PROD1PC66 with BILLS

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1 forming facilities maintenance. Such assessments shall 

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

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

4 utilities, and other support services. 

5 DEPARTMENT OF HEALTH AND HUMAN 

6 SERVICES 

7 INDIAN HEALTH SERVICE

8 INDIAN HEALTH SERVICES

9 For expenses necessary to carry out the Act of Au10 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina11 tion Act, the Indian Health Care Improvement Act, and 

12 titles II and III of the Public Health Service Act with re13 spect to the Indian Health Service, $3,023,532,000, to re14 main available until September 30, 2009, except as other15 wise provided herein, together with payments received dur16 ing the fiscal year pursuant to 42 U.S.C. 238(b) for serv17 ices furnished by the Indian Health Service: Provided, 

18 That funds made available to tribes and tribal organiza19 tions through contracts, grant agreements, or any other 

20 agreements or compacts authorized by the Indian Self-De21 termination and Education Assistance Act of 1975 (25 

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

23 of the grant or contract award and thereafter shall remain 

24 available to the tribe or tribal organization without fiscal 

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

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1 shall remain available until expended, for the Indian Cata2 strophic Health Emergency Fund: Provided further, That 

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

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

5 $32,000,000, to remain available until expended, shall be 

6 used to carry out the loan repayment program under sec7 tion 108 of the Indian Health Care Improvement Act: Pro8 vided further, That funds provided in this Act may be used 

9 for one-year contracts and grants which are to be per10 formed in two fiscal years, so long as the total obligation 

11 is recorded in the year for which the funds are appro12 priated: Provided further, That the amounts collected by 

13 the Secretary of Health and Human Services under the 

14 authority of title IV of the Indian Health Care Improve15 ment Act shall remain available until expended for the 

16 purpose of achieving compliance with the applicable condi17 tions and requirements of titles XVIII and XIX of the So18 cial Security Act (exclusive of planning, design, or con19 struction of new facilities): Provided further, That funding 

20 contained herein, and in any earlier appropriations Acts 

21 for scholarship programs under the Indian Health Care 

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

23 until expended: Provided further, That amounts received 

24 by tribes and tribal organizations under title IV of the In25 dian Health Care Improvement Act shall be reported and 

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1 accounted for and available to the receiving tribes and 

2 tribal organizations until expended: Provided further, 

3 That, notwithstanding any other provision of law, of the 

4 amounts provided herein, not to exceed $274,638,000 

5 shall be for payments to tribes and tribal organizations 

6 for contract or grant support costs associated with con7 tracts, grants, self-governance compacts or annual funding 

8 agreements between the Indian Health Service and a tribe 

9 or tribal organization pursuant to the Indian Self-Deter10 mination Act of 1975, as amended, prior to or during fis11 cal year 2008, of which not to exceed $5,000,000 may be 

12 used for contract support costs associated with new or ex13 panded self-determination contracts, grants, self-govern14 ance compacts or annual funding agreements: Provided 

15 further, That the Bureau of Indian Affairs may collect 

16 from the Indian Health Service and tribes and tribal orga17 nizations operating health facilities pursuant to Public 

18 Law 93–638 such individually identifiable health informa19 tion relating to disabled children as may be necessary for 

20 the purpose of carrying out its functions under the Indi21 viduals with Disabilities Education Act, 20 U.S.C. 1400, 

22 et seq. 

23 INDIAN HEALTH FACILITIES

24 For construction, repair, maintenance, improvement, 

25 and equipment of health and related auxiliary facilities, 

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1 including quarters for personnel; preparation of plans, 

2 specifications, and drawings; acquisition of sites, purchase 

3 and erection of modular buildings, and purchases of trail4 ers; and for provision of domestic and community sanita5 tion facilities for Indians, as authorized by section 7 of 

6 the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian 

7 Self-Determination Act, and the Indian Health Care Im8 provement Act, and for expenses necessary to carry out 

9 such Acts and titles II and III of the Public Health Serv10 ice Act with respect to environmental health and facilities 

11 support activities of the Indian Health Service, 

12 $360,895,000, to remain available until expended: Pro13 vided, That notwithstanding any other provision of law, 

14 funds appropriated for the planning, design, construction 

15 or renovation of health facilities for the benefit of a feder16 ally-recognized Indian tribe or tribes may be used to pur17 chase land for sites to construct, improve, or enlarge 

18 health or related facilities: Provided further, That not to 

19 exceed $500,000 shall be used by the Indian Health Serv20 ice to purchase TRANSAM equipment from the Depart21 ment of Defense for distribution to the Indian Health 

22 Service and tribal facilities: Provided further, That none 

23 of the funds appropriated to the Indian Health Service 

24 may be used for sanitation facilities construction for new 

25 homes funded with grants by the housing programs of the 

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1 United States Department of Housing and Urban Devel2 opment: Provided further, That not to exceed $1,000,000 

3 from this account and the ‘‘Indian Health Services’’ ac4 count shall be used by the Indian Health Service to obtain 

5 ambulances for the Indian Health Service and tribal facili6 ties in conjunction with an existing interagency agreement 

7 between the Indian Health Service and the General Serv8 ices Administration: Provided further, That not to exceed 

9 $500,000 shall be placed in a Demolition Fund, available 

10 until expended, to be used by the Indian Health Service 

11 for demolition of Federal buildings. 

12 ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

13 Appropriations in this Act to the Indian Health Serv14 ice shall be available for services as authorized by 5 U.S.C. 

15 3109 but at rates not to exceed the per diem rate equiva16 lent to the maximum rate payable for senior-level positions 

17 under 5 U.S.C. 5376; hire of passenger motor vehicles and 

18 aircraft; purchase of medical equipment; purchase of re19 prints; purchase, renovation and erection of modular 

20 buildings and renovation of existing facilities; payments 

21 for telephone service in private residences in the field, 

22 when authorized under regulations approved by the Sec23 retary; and for uniforms or allowances therefor as author24 ized by 5 U.S.C. 5901–5902; and for expenses of attend25 ance at meetings which are concerned with the functions 

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1 or activities for which the appropriation is made or which 

2 will contribute to improved conduct, supervision, or man3 agement of those functions or activities. 

4 In accordance with the provisions of the Indian 

5 Health Care Improvement Act, non-Indian patients may 

6 be extended health care at all tribally administered or In7 dian Health Service facilities, subject to charges, and the 

8 proceeds along with funds recovered under the Federal 

9 Medical Care Recovery Act (42 U.S.C. 2651–2653) shall 

10 be credited to the account of the facility providing the 

11 service and shall be available without fiscal year limitation. 

12 Notwithstanding any other law or regulation, funds trans13 ferred from the Department of Housing and Urban Devel14 opment to the Indian Health Service shall be administered 

15 under Public Law 86–121 (the Indian Sanitation Facili16 ties Act) and Public Law 93–638, as amended. 

17 Funds appropriated to the Indian Health Service in 

18 this Act, except those used for administrative and program 

19 direction purposes, shall not be subject to limitations di20 rected at curtailing Federal travel and transportation. 

21 None of the funds made available to the Indian 

22 Health Service in this Act shall be used for any assess23 ments or charges by the Department of Health and 

24 Human Services unless identified in the budget justifica25 tion and provided in this Act, or approved by the House 

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1 and Senate Committees on Appropriations through the re2 programming process. 

3 Notwithstanding any other provision of law, funds 

4 previously or herein made available to a tribe or tribal or5 ganization through a contract, grant, or agreement au6 thorized by title I or title V of the Indian Self-Determina7 tion and Education Assistance Act of 1975 (25 U.S.C. 

8 450), may be deobligated and reobligated to a self-deter9 mination contract under title I, or a self-governance agree10 ment under title V of such Act and thereafter shall remain 

11 available to the tribe or tribal organization without fiscal 

12 year limitation. 

13 None of the funds made available to the Indian 

14 Health Service in this Act shall be used to implement the 

15 final rule published in the Federal Register on September 

16 16, 1987, by the Department of Health and Human Serv17 ices, relating to the eligibility for the health care services 

18 of the Indian Health Service until the Indian Health Serv19 ice has submitted a budget request reflecting the increased 

20 costs associated with the proposed final rule, and such re21 quest has been included in an appropriations Act and en22 acted into law. 

23 With respect to functions transferred by the Indian 

24 Health Service to tribes or tribal organizations, the Indian 

25 Health Service is authorized to provide goods and services 

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1 to those entities, on a reimbursable basis, including pay2 ment in advance with subsequent adjustment. The reim3 bursements received therefrom, along with the funds re4 ceived from those entities pursuant to the Indian Self-De5 termination Act, may be credited to the same or subse6 quent appropriation account which provided the funding. 

7 Such amounts shall remain available until expended. 

8 Reimbursements for training, technical assistance, or 

9 services provided by the Indian Health Service will contain 

10 total costs, including direct, administrative, and overhead 

11 associated with the provision of goods, services, or tech12 nical assistance. 

13 The appropriation structure for the Indian Health 

14 Service may not be altered without advance notification 

15 to the House and Senate Committees on Appropriations. 

16 NATIONAL INSTITUTES OF HEALTH

17 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

18 SCIENCES

19 For necessary expenses for the National Institute of 

20 Environmental Health Sciences in carrying out activities 

21 set forth in section 311(a) of the Comprehensive Environ22 mental Response, Compensation, and Liability Act of 

23 1980, as amended, and section 126(g) of the Superfund 

24 Amendments and Reauthorization Act of 1986, 

25 $79,117,000. 

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1 AGENCY FOR TOXIC SUBSTANCES AND DISEASE

2 REGISTRY

3 TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC

4 HEALTH

5 For necessary expenses for the Agency for Toxic Sub6 stances and Disease Registry (ATSDR) in carrying out 

7 activities set forth in sections 104(i), 111(c)(4), and 

8 111(c)(14) of the Comprehensive Environmental Re9 sponse, Compensation, and Liability Act of 1980 

10 (CERCLA), as amended; section 118(f) of the Superfund 

11 Amendments and Reauthorization Act of 1986 (SARA), 

12 as amended; and section 3019 of the Solid Waste Disposal 

13 Act, as amended, $75,212,000, of which up to $1,500,000, 

14 to remain available until expended, is for Individual 

15 Learning Accounts for full-time equivalent employees of 

16 the Agency for Toxic Substances and Disease Registry: 

17 Provided, That notwithstanding any other provision of 

18 law, in lieu of performing a health assessment under sec19 tion 104(i)(6) of CERCLA, the Administrator of ATSDR 

20 may conduct other appropriate health studies, evaluations, 

21 or activities, including, without limitation, biomedical test22 ing, clinical evaluations, medical monitoring, and referral 

23 to accredited health care providers: Provided further, That 

24 in performing any such health assessment or health study, 

25 evaluation, or activity, the Administrator of ATSDR shall 

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1 not be bound by the deadlines in section 104(i)(6)(A) of 

2 CERCLA. 

3 OTHER RELATED AGENCIES 

4 EXECUTIVE OFFICE OF THE PRESIDENT

5 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

6 ENVIRONMENTAL QUALITY

7 For necessary expenses to continue functions as8 signed to the Council on Environmental Quality and Office 

9 of Environmental Quality pursuant to the National Envi10 ronmental Policy Act of 1969, the Environmental Quality 

11 Improvement Act of 1970, and Reorganization Plan No. 

12 1 of 1977, and not to exceed $750 for official reception 

13 and representation expenses, $2,703,000: Provided, That 

14 notwithstanding section 202 of the National Environ15 mental Policy Act of 1970, the Council shall consist of 

16 one member, appointed by the President, by and with the 

17 advice and consent of the Senate, serving as chairman and 

18 exercising all powers, functions, and duties of the Council. 

19 CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

20 SALARIES AND EXPENSES

21 For necessary expenses in carrying out activities pur22 suant to section 112(r)(6) of the Clean Air Act, as amend23 ed, including hire of passenger vehicles, uniforms or allow24 ances therefor, as authorized by 5 U.S.C. 5901–5902, and 

25 for services authorized by 5 U.S.C. 3109 but at rates for 

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1 individuals not to exceed the per diem equivalent to the 

2 maximum rate payable for senior level positions under 5 

3 U.S.C. 5376, $9,549,000: Provided, That the Chemical 

4 Safety and Hazard Investigation Board shall have not 

5 more than three career Senior Executive Service positions: 

6 Provided further, that notwithstanding any other provision 

7 of law, the individual appointed to the position of Inspec8 tor General of the Environmental Protection Agency 

9 (EPA) shall, by virtue of such appointment, also hold the 

10 position of Inspector General of the Board: Provided fur11 ther, That notwithstanding any other provision of law, the 

12 Inspector General of the Board shall utilize personnel of 

13 the Office of Inspector General of EPA in performing the 

14 duties of the Inspector General of the Board, and shall 

15 not appoint any individuals to positions within the Board. 

16 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

17 SALARIES AND EXPENSES

18 For necessary expenses of the Office of Navajo and 

19 Hopi Indian Relocation as authorized by Public Law 93– 

20 531, $9,000,000, to remain available until expended: Pro21 vided, That funds provided in this or any other appropria22 tions Act are to be used to relocate eligible individuals and 

23 groups including evictees from District 6, Hopi-partitioned 

24 lands residents, those in significantly substandard hous25 ing, and all others certified as eligible and not included 

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1 in the preceding categories: Provided further, That none 

2 of the funds contained in this or any other Act may be 

3 used by the Office of Navajo and Hopi Indian Relocation 

4 to evict any single Navajo or Navajo family who, as of 

5 November 30, 1985, was physically domiciled on the lands 

6 partitioned to the Hopi Tribe unless a new or replacement 

7 home is provided for such household: Provided further, 

8 That no relocatee will be provided with more than one new 

9 or replacement home: Provided further, That the Office 

10 shall relocate any certified eligible relocatees who have se11 lected and received an approved homesite on the Navajo 

12 reservation or selected a replacement residence off the 

13 Navajo reservation or on the land acquired pursuant to 

14 25 U.S.C. 640d–10. 

15 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

16 CULTURE AND ARTS DEVELOPMENT

17 PAYMENT TO THE INSTITUTE

18 For payment to the Institute of American Indian and 

19 Alaska Native Culture and Arts Development, as author20 ized by title XV of Public Law 99–498, as amended (20 

21 U.S.C. 56 part A), $7,297,000. 

22 SMITHSONIAN INSTITUTION

23 SALARIES AND EXPENSES

24 For necessary expenses of the Smithsonian Institu25 tion, as authorized by law, including research in the fields 

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1 of art, science, and history; development, preservation, and 

2 documentation of the National Collections; presentation of 

3 public exhibits and performances; collection, preparation, 

4 dissemination, and exchange of information and publica5 tions; conduct of education, training, and museum assist6 ance programs; maintenance, alteration, operation, lease 

7 (for terms not to exceed 30 years), and protection of build8 ings, facilities, and approaches; not to exceed $100,000 

9 for services as authorized by 5 U.S.C. 3109; up to five 

10 replacement passenger vehicles; purchase, rental, repair, 

11 and cleaning of uniforms for employees, $536,295,000, of 

12 which $1,578,000 for fellowships and scholarly awards 

13 shall remain available until September 30, 2009, including 

14 such funds as may be necessary to support American over15 seas research centers: Provided, That funds appropriated 

16 herein are available for advance payments to independent 

17 contractors performing research services or participating 

18 in official Smithsonian presentations. 

19 FACILITIES CAPITAL

20 For necessary expenses of repair, revitalization, and 

21 alteration of facilities owned or occupied by the Smithso22 nian Institution, by contract or otherwise, as authorized 

23 by section 2 of the Act of August 22, 1949 (63 Stat. 623), 

24 and for construction, including necessary personnel, 

25 $116,100,000, to remain available until expended, of 

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1 which not to exceed $10,000 is for services as authorized 

2 by 5 U.S.C. 3109. 

3 NATIONAL GALLERY OF ART

4 SALARIES AND EXPENSES

5 For the upkeep and operations of the National Gal6 lery of Art, the protection and care of the works of art 

7 therein, and administrative expenses incident thereto, as 

8 authorized by the Act of March 24, 1937 (50 Stat. 51), 

9 as amended by the public resolution of April 13, 1939 

10 (Public Resolution 9, Seventy-sixth Congress), including 

11 services as authorized by 5 U.S.C. 3109; payment in ad12 vance when authorized by the treasurer of the Gallery for 

13 membership in library, museum, and art associations or 

14 societies whose publications or services are available to 

15 members only, or to members at a price lower than to the 

16 general public; purchase, repair, and cleaning of uniforms 

17 for guards, and uniforms, or allowances therefor, for other 

18 employees as authorized by law (5 U.S.C. 5901–5902); 

19 purchase or rental of devices and services for protecting 

20 buildings and contents thereof, and maintenance, alter21 ation, improvement, and repair of buildings, approaches, 

22 and grounds; and purchase of services for restoration and 

23 repair of works of art for the National Gallery of Art by 

24 contracts made, without advertising, with individuals, 

25 firms, or organizations at such rates or prices and under 

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1 such terms and conditions as the Gallery may deem prop2 er, $101,850,000, of which not to exceed $3,239,000 for 

3 the special exhibition program shall remain available until 

4 expended. 

5 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

6 For necessary expenses of repair, restoration and 

7 renovation of buildings, grounds and facilities owned or 

8 occupied by the National Gallery of Art, by contract or 

9 otherwise, as authorized, $18,017,000, to remain available 

10 until expended: Provided, That contracts awarded for envi11 ronmental systems, protection systems, and exterior repair 

12 or renovation of buildings of the National Gallery of Art 

13 may be negotiated with selected contractors and awarded 

14 on the basis of contractor qualifications as well as price. 

15 JOHN F. KENNEDY CENTER FOR THE PERFORMING

16 ARTS

17 OPERATIONS AND MAINTENANCE

18 For necessary expenses for the operation, mainte19 nance and security of the John F. Kennedy Center for 

20 the Performing Arts, $20,200,000. 

21 CAPITAL REPAIR AND RESTORATION

22 For necessary expenses for capital repair and restora23 tion of the existing features of the building and site of 

24 the John F. Kennedy Center for the Performing Arts, 

25 $23,150,000, to remain available until expended. 

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1 WOODROW WILSON INTERNATIONAL CENTER FOR

2 SCHOLARS

3 SALARIES AND EXPENSES

4 For expenses necessary in carrying out the provisions 

5 of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 

6 1356) including hire of passenger vehicles and services as 

7 authorized by 5 U.S.C. 3109, $10,000,000. 

8 NATIONAL FOUNDATION ON THE ARTS AND THE

9 HUMANITIES

10 NATIONAL ENDOWMENT FOR THE ARTS

11 GRANTS AND ADMINISTRATION

12 For necessary expenses to carry out the National 

13 Foundation on the Arts and the Humanities Act of 1965, 

14 as amended, $160,000,000 shall be available to the Na15 tional Endowment for the Arts for the support of projects 

16 and productions in the arts, including arts education and 

17 public outreach activities, through assistance to organiza18 tions and individuals pursuant to section 5 of the Act, for 

19 program support, and for administering the functions of 

20 the Act, to remain available until expended: Provided, 

21 That funds appropriated herein shall be expended in ac22 cordance with sections 309 and 311 of Public Law 108– 

23 447. 

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1 NATIONAL ENDOWMENT FOR THE HUMANITIES

2 GRANTS AND ADMINISTRATION

3 For necessary expenses to carry out the National 

4 Foundation on the Arts and the Humanities Act of 1965, 

5 as amended, $145,500,000, shall be available to the Na6 tional Endowment for the Humanities for support of ac7 tivities in the humanities, pursuant to section 7(c) of the 

8 Act, and for administering the functions of the Act, to 

9 remain available until expended. 

10 MATCHING GRANTS

11 To carry out the provisions of section 10(a)(2) of the 

12 National Foundation on the Arts and the Humanities Act 

13 of 1965, as amended, $14,500,000, to remain available 

14 until expended, of which $9,500,000 shall be available to 

15 the National Endowment for the Humanities for the pur16 poses of section 7(h): Provided, That this appropriation 

17 shall be available for obligation only in such amounts as 

18 may be equal to the total amounts of gifts, bequests, and 

19 devises of money, and other property accepted by the 

20 chairman or by grantees of the Endowment under the pro21 visions of subsections 11(a)(2)(B) and 11(a)(3)(B) during 

22 the current and preceding fiscal years for which equal 

23 amounts have not previously been appropriated. 

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1 ADMINISTRATIVE PROVISIONS

2 None of the funds appropriated to the National 

3 Foundation on the Arts and the Humanities may be used 

4 to process any grant or contract documents which do not 

5 include the text of 18 U.S.C. 1913: Provided, That none 

6 of the funds appropriated to the National Foundation on 

7 the Arts and the Humanities may be used for official re8 ception and representation expenses: Provided further, 

9 That funds from nonappropriated sources may be used as 

10 necessary for official reception and representation ex11 penses: Provided further, That the Chairperson of the Na12 tional Endowment for the Arts may approve grants up to 

13 $10,000, if in the aggregate this amount does not exceed 

14 5 percent of the sums appropriated for grant-making pur15 poses per year: Provided further, That such small grant 

16 actions are taken pursuant to the terms of an expressed 

17 and direct delegation of authority from the National Coun18 cil on the Arts to the Chairperson: Provided further, That 

19 section 309(1) of division E, Public Law 108–447, is 

20 amended by inserting ‘‘National Opera Fellowship,’’ after 

21 ‘‘National Heritage Fellowship’’. 

22 COMMISSION OF FINE ARTS

23 SALARIES AND EXPENSES

24 For expenses made necessary by the Act establishing 

25 a Commission of Fine Arts (40 U.S.C. 104), $2,092,000: 

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1 Provided, That the Commission is authorized to charge 

2 fees to cover the full costs of its publications, and such 

3 fees shall be credited to this account as an offsetting col4 lection, to remain available until expended without further 

5 appropriation. 

6 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

7 For necessary expenses as authorized by Public Law 

8 99–190 (20 U.S.C. 956a), as amended, $10,000,000: Pro9 vided, That no organization shall receive a grant in excess 

10 of $650,000 in a single year. 

11 ADVISORY COUNCIL ON HISTORIC PRESERVATION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Advisory Council on 

14 Historic Preservation (Public Law 89–665, as amended), 

15 $5,348,000: Provided, That none of these funds shall be 

16 available for compensation of level V of the Executive 

17 Schedule or higher positions. 

18 NATIONAL CAPITAL PLANNING COMMISSION

19 SALARIES AND EXPENSES

20 For necessary expenses, as authorized by the Na21 tional Capital Planning Act of 1952 (40 U.S.C. 71–71i), 

22 including services as authorized by 5 U.S.C. 3109, 

23 $8,265,000: Provided, That one-quarter of 1 percent of 

24 the funds provided under this heading may be used for 

25 official reception and representational expenses associated 

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1 with hosting international visitors engaged in the planning 

2 and physical development of world capitals. 

3 UNITED STATES HOLOCAUST MEMORIAL MUSEUM

4 HOLOCAUST MEMORIAL MUSEUM

5 For expenses of the Holocaust Memorial Museum, as 

6 authorized by Public Law 106–292 (36 U.S.C. 2301– 

7 2310), $44,996,000, of which $515,000 for the equipment 

8 replacement program shall remain available until Sep9 tember 30, 2009; and $1,900,000 for the museum’s repair 

10 and rehabilitation program and $1,264,000 for the muse11 um’s exhibition design and production program shall re12 main available until expended. 

13 PRESIDIO TRUST

14 PRESIDIO TRUST FUND

15 For necessary expenses to carry out title I of the Om16 nibus Parks and Public Lands Management Act of 1996, 

17 $22,400,000 shall be available to the Presidio Trust, to 

18 remain available until expended. 

19 WHITE HOUSE COMMISSION ON THE NATIONAL

20 MOMENT OF REMEMBRANCE

21 SALARIES AND EXPENSES

22 (INCLUDING TRANSFER OF FUNDS)

23 For necessary expenses of the White House Commis24 sion on the National Moment of Remembrance, $200,000, 

25 which shall be transferred to the Department of Veterans 

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1 Affairs, ‘‘Departmental Administration, General Oper2 ating Expenses’’ account and be administered by the Sec3 retary of Veterans Affairs. 

4 TITLE IV—GENERAL PROVISIONS 

5 SEC. 401. The expenditure of any appropriation 

6 under this Act for any consulting service through procure7 ment contract, pursuant to 5 U.S.C. 3109, shall be limited 

8 to those contracts where such expenditures are a matter 

9 of public record and available for public inspection, except 

10 where otherwise provided under existing law, or under ex11 isting Executive order issued pursuant to existing law. 

12 SEC. 402. No part of any appropriation contained in 

13 this Act shall be available for any activity or the publica14 tion or distribution of literature that in any way tends to 

15 promote public support or opposition to any legislative 

16 proposal on which Congressional action is not complete 

17 other than to communicate to Members of Congress as 

18 described in 18 U.S.C. 1913. 

19 SEC. 403. No part of any appropriation contained in 

20 this Act shall remain available for obligation beyond the 

21 current fiscal year unless expressly so provided herein. 

22 SEC. 404. None of the funds provided in this Act to 

23 any department or agency shall be obligated or expended 

24 to provide a personal cook, chauffeur, or other personal 

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1 servants to any officer or employee of such department 

2 or agency except as otherwise provided by law. 

3 SEC. 405. Estimated overhead charges, deductions, 

4 reserves or holdbacks from programs, projects, activities 

5 and subactivities to support government-wide, depart6 mental, agency or bureau administrative functions or 

7 headquarters, regional or central operations shall be pre8 sented in annual budget justifications and subject to ap9 proval by the Committees on Appropriations. Changes to 

10 such estimates shall be presented to the Committees on 

11 Appropriations for approval. 

12 SEC. 406. None of the funds made available in this 

13 Act may be transferred to any department, agency, or in14 strumentality of the United States Government except 

15 pursuant to a transfer made by, or transfer provided in, 

16 this Act or any other Act. 

17 SEC. 407. None of the funds in this Act may be used 

18 to plan, prepare, or offer for sale timber from trees classi19 fied as giant sequoia (Sequoiadendron giganteum) which 

20 are located on National Forest System or Bureau of Land 

21 Management lands in a manner different than such sales 

22 were conducted in fiscal year 2005. 

23 SEC. 408. (a) LIMITATION OF FUNDS.—None of the 

24 funds appropriated or otherwise made available pursuant 

25 to this Act shall be obligated or expended to accept or 

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1 process applications for a patent for any mining or mill 

2 site claim located under the general mining laws. 

3 (b) EXCEPTIONS.—The provisions of subsection (a) 

4 shall not apply if the Secretary of the Interior determines 

5 that, for the claim concerned: (1) a patent application was 

6 filed with the Secretary on or before September 30, 1994; 

7 and (2) all requirements established under sections 2325 

8 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) 

9 for vein or lode claims and sections 2329, 2330, 2331, 

10 and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 

11 37) for placer claims, and section 2337 of the Revised 

12 Statutes (30 U.S.C. 42) for mill site claims, as the case 

13 may be, were fully complied with by the applicant by that 

14 date. 

15 (c) REPORT.—On September 30, 2008, the Secretary 

16 of the Interior shall file with the House and Senate Com17 mittees on Appropriations and the Committee on Re18 sources of the House of Representatives and the Com19 mittee on Energy and Natural Resources of the Senate 

20 a report on actions taken by the Department under the 

21 plan submitted pursuant to section 314(c) of the Depart22 ment of the Interior and Related Agencies Appropriations 

23 Act, 1997 (Public Law 104–208). 

24 (d) MINERAL EXAMINATIONS.—In order to process 

25 patent applications in a timely and responsible manner, 

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1 upon the request of a patent applicant, the Secretary of 

2 the Interior shall allow the applicant to fund a qualified 

3 third-party contractor to be selected by the Bureau of 

4 Land Management to conduct a mineral examination of 

5 the mining claims or mill sites contained in a patent appli6 cation as set forth in subsection (b). The Bureau of Land 

7 Management shall have the sole responsibility to choose 

8 and pay the third-party contractor in accordance with the 

9 standard procedures employed by the Bureau of Land 

10 Management in the retention of third-party contractors. 

11 SEC. 409. Notwithstanding any other provision of 

12 law, amounts appropriated in committee reports for the 

13 Bureau of Indian Affairs and the Indian Health Service 

14 by Public Laws 103–138, 103–332, 104–134, 104–208, 

15 105–83, 105–277, 106–113, 106–291, 107–63, 108–7, 

16 108–108, 108–447, 109–54, 109–289, division B and 

17 Continuing Appropriations Resolution, 2007 (division B of 

18 Public Law 109–289, as amended by Public Law 110– 

19 5) for payments for contract support costs associated with 

20 self-determination or self-governance contracts, grants, 

21 compacts, or annual funding agreements with the Bureau 

22 of Indian Affairs or the Indian Health Service as funded 

23 by such Acts, are the total amounts available for fiscal 

24 years 1994 through 2007 for such purposes, except that 

25 the Bureau of Indian Affairs and federally-recognized 

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1 tribes may use their tribal priority allocations for unmet 

2 contract support costs of ongoing contracts, grants, self3 governance compacts or annual funding agreements. 

4 SEC. 410. Prior to October 1, 2008, the Secretary 

5 of Agriculture shall not be considered to be in violation 

6 of subparagraph 6(f)(5)(A) of the Forest and Rangeland 

7 Renewable Resources Planning Act of 1974 (16 U.S.C. 

8 1604(f)(5)(A)) solely because more than 15 years have 

9 passed without revision of the plan for a unit of the Na10 tional Forest System. Nothing in this section exempts the 

11 Secretary from any other requirement of the Forest and 

12 Rangeland Renewable Resources Planning Act (16 U.S.C. 

13 1600 et seq.) or any other law: Provided, That if the Sec14 retary is not acting expeditiously and in good faith, within 

15 the funding available, to revise a plan for a unit of the 

16 National Forest System, this section shall be void with re17 spect to such plan and a court of proper jurisdiction may 

18 order completion of the plan on an accelerated basis. 

19 SEC. 411. No funds provided in this Act may be ex20 pended to conduct preleasing, leasing and related activities 

21 under either the Mineral Leasing Act (30 U.S.C. 181 et 

22 seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 

23 1331 et seq.) within the boundaries of a National Monu24 ment established pursuant to the Act of June 8, 1906 (16 

25 U.S.C. 431 et seq.) as such boundary existed on January 

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1 20, 2001, except where such activities are allowed under 

2 the Presidential proclamation establishing such monu3 ment. 

4 SEC. 412. In entering into agreements with foreign 

5 countries pursuant to the Wildfire Suppression Assistance 

6 Act (42 U.S.C. 1856m) the Secretary of Agriculture and 

7 the Secretary of the Interior are authorized to enter into 

8 reciprocal agreements in which the individuals furnished 

9 under said agreements to provide wildfire services are con10 sidered, for purposes of tort liability, employees of the 

11 country receiving said services when the individuals are 

12 engaged in fire suppression: Provided, That the Secretary 

13 of Agriculture or the Secretary of the Interior shall not 

14 enter into any agreement under this provision unless the 

15 foreign country (either directly or through its fire organi16 zation) agrees to assume any and all liability for the acts 

17 or omissions of American firefighters engaged in fire18 fighting in a foreign country: Provided further, That when 

19 an agreement is reached for furnishing fire fighting serv20 ices, the only remedies for acts or omissions committed 

21 while fighting fires shall be those provided under the laws 

22 of the host country, and those remedies shall be the exclu23 sive remedies for any claim arising out of fighting fires 

24 in a foreign country: Provided further, That neither the 

25 sending country nor any legal organization associated with 

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1 the firefighter shall be subject to any legal action whatso2 ever pertaining to or arising out of the firefighter’s role 

3 in fire suppression. 

4 SEC. 413. In awarding a Federal contract with funds 

5 made available by this Act, notwithstanding Federal Gov6 ernment procurement and contracting laws, the Secretary 

7 of Agriculture and the Secretary of the Interior (the ‘‘Sec8 retaries’’) may, in evaluating bids and proposals, give con9 sideration to local contractors who are from, and who pro10 vide employment and training for, dislocated and displaced 

11 workers in an economically disadvantaged rural commu12 nity, including those historically timber-dependent areas 

13 that have been affected by reduced timber harvesting on 

14 Federal lands and other forest-dependent rural commu15 nities isolated from significant alternative employment op16 portunities: Provided, That notwithstanding Federal Gov17 ernment procurement and contracting laws the Secretaries 

18 may award contracts, grants or cooperative agreements to 

19 local non-profit entities, Youth Conservation Corps or re20 lated partnerships with State, local or non-profit youth 

21 groups, or small or micro-business or disadvantaged busi22 ness: Provided further, That the contract, grant, or cooper23 ative agreement is for forest hazardous fuels reduction, 

24 watershed or water quality monitoring or restoration, wild25 life or fish population monitoring, or habitat restoration 

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1 or management: Provided further, That the terms ‘‘rural 

2 community’’ and ‘‘economically disadvantaged’’ shall have 

3 the same meanings as in section 2374 of Public Law 101– 

4 624: Provided further, That the Secretaries shall develop 

5 guidance to implement this section: Provided further, That 

6 nothing in this section shall be construed as relieving the 

7 Secretaries of any duty under applicable procurement 

8 laws, except as provided in this section. 

9 SEC. 414. (a) LIMITATION ON COMPETITIVE

10 SOURCING STUDIES.— 

11 (1) Of the funds made available by this or any 

12 other Act to the Department of the Interior for fis13 cal year 2008, not more than $3,450,000 may be 

14 used by the Secretary of the Interior to initiate or 

15 continue competitive sourcing studies in fiscal year 

16 2008 for programs, projects, and activities for which 

17 funds are appropriated by this Act. 

18 (2) None of the funds available to the Forest 

19 Service may be used in fiscal year 2008 for competi20 tive sourcing studies and related activities. 

21 (b) COMPETITIVE SOURCING STUDY DEFINED.—In 

22 this section, the term ‘‘competitive sourcing study’’ means 

23 a study on subjecting work performed by Federal Govern24 ment employees or private contractors to public-private 

25 competition or on converting the Federal Government emmstockstill on PROD1PC66 with BILLS

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1 ployees or the work performed by such employees to pri2 vate contractor performance under the Office of Manage3 ment and Budget Circular A–76 or any other administra4 tive regulation, directive, or policy. 

5 (c) In preparing any reports to the Committees on 

6 Appropriations on competitive sourcing activities, agencies 

7 funded in this Act shall include the incremental cost di8 rectly attributable to conducting the competitive sourcing 

9 competitions, including costs attributable to paying out10 side consultants and contractors and, in accordance with 

11 full cost accounting principles, all costs attributable to de12 veloping, implementing, supporting, managing, moni13 toring, and reporting on competitive sourcing, including 

14 personnel, consultant, travel, and training costs associated 

15 with program management. 

16 (d) In carrying out any competitive sourcing study 

17 involving Department of the Interior employees, the Sec18 retary of the Interior shall— 

19 (1) determine whether any of the employees 

20 concerned are also qualified to participate in 

21 wildland fire management activities; and 

22 (2) take into consideration the effect that con23 tracting with a private sector source would have on 

24 the ability of the Department of the Interior to ef25 fectively and efficiently fight and manage wildfires. 

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1 SEC. 415. Section 331 of the Department of the Inte2 rior and Related Agencies Appropriations Act, 2000, re3 garding the pilot program to enhance Forest Service ad4 ministration of rights-of-way (as enacted into law by sec5 tion 1000(a)(3) of Public Law 106–113; 113 Stat. 

6 1501A–196; 16 U.S.C. 497 note), as amended, is amend7 ed— 

8 (1) in subsection (a) by striking ‘‘2006’’ and in9 serting ‘‘2012’’; and 

10 (2) in subsection (b) by striking ‘‘2006’’ and in11 serting ‘‘2012’’. 

12 SEC. 416. Section 321 of the Department of the Inte13 rior and Related Agencies Appropriations Act, 2003, re14 garding Forest Service cooperative agreements with third 

15 parties that are of mutually significant benefit (division 

16 F of Public Law 108–7; 117 Stat. 274; 16 U.S.C. 565a– 

17 1 note) is amended by striking ‘‘September 30, 2007’’ and 

18 inserting ‘‘September 30, 2010’’. 

19 TITLE V—GLOBAL CLIMATE CHANGE 

20 SEC. 501. (a) The Congress finds that— 

21 (1) greenhouse gases accumulating in the at22 mosphere are causing average temperatures to rise 

23 at a rate outside the range of natural variability and 

24 are posing a substantial risk of rising sea-levels, al25 tered patterns of atmospheric and oceanic circulamstockstill on PROD1PC66 with BILLS

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1 tion, and increased frequency and severity of floods, 

2 droughts, and wildfires; 

3 (2) there is a growing scientific consensus that 

4 human activity is a substantial cause of greenhouse 

5 gas accumulation in the atmosphere; and 

6 (3) mandatory steps will be required to slow or 

7 stop the growth of greenhouse gas emissions into the 

8 atmosphere. 

9 (b) It is the sense of the Congress that there should 

10 be enacted a comprehensive and effective national pro11 gram of mandatory, market-based limits and incentives on 

12 emissions of greenhouse gases that slow, stop, and reverse 

13 the growth of such emissions at a rate and in a manner 

14 that (1) will not significantly harm the United States 

15 economy; and (2) will encourage comparable action by 

16 other nations that are major trading partners and key con17 tributors to global emissions. 

18 This Act may be cited as the ‘‘Department of the In19 terior, Environment, and Related Agencies Appropriations 

20 Act, 2008’’. 

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Union Calendar No. 111 

110TH CONGRESS 

1ST SESSION H. R. 2643 

[Report No. 110

–187] 

A BILL 

Making appropriations for the Department of the 

for other purposes. the fiscal year ending September 30, 2008, and Interior, environment, and related agencies for 

JUNE 11, 2007 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

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