PUBLIC LAW 111–88—OCT. 30, 2009 

INTERIOR DEPARTMENT AND FURTHER 

CONTINUING APPROPRIATIONS, 

FISCAL YEAR 2010 


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123 STAT. 2904 PUBLIC LAW 111–88—OCT. 30, 2009 

Public Law 111–88 

111th Congress 

An Act 

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

agencies for the fiscal year ending September 30, 2010, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

REFERENCES

SECTION 1. Except as expressly provided otherwise, any reference to ‘‘this Act’’ contained in any division of this Act shall 

be treated as referring only to the provisions of that division. 

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

2010 

The following sums are appropriated, out of any money in 

the Treasury not otherwise appropriated, for the Department of 

the Interior, environment, and related agencies for the fiscal year 

ending September 30, 2010, and for other purposes, namely: 

TITLE I—DEPARTMENT OF THE INTERIOR 

BUREAU OF LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES

(INCLUDING RESCISSION OF FUNDS)

For necessary expenses for protection, use, improvement, 

development, disposal, cadastral surveying, classification, acquisition of easements and other interests in lands, and performance 

of other functions, including maintenance of facilities, as authorized 

by law, in the management of lands and their resources under 

the jurisdiction of the Bureau of Land Management, including the 

general administration of the Bureau, and assessment of mineral 

potential of public lands pursuant to Public Law 96–487 (16 U.S.C. 

3150(a)), $959,571,000, to remain available until expended; of which 

$3,000,000 shall be available in fiscal year 2010 subject to a match 

by at least an equal amount by the National Fish and Wildlife 

Foundation for cost-shared projects supporting conservation of 

Bureau lands; and such funds shall be advanced to the Foundation 

as a lump sum grant without regard to when expenses are incurred. 

Department of 

the Interior, 

Environment, 

and Related 

Agencies 

Appropriations 

Act, 2010. 

Oct. 30, 2009 

[H.R. 2996] 


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PUBLIC LAW 111–88—OCT. 30, 2009 123 STAT. 2905 

In addition, $45,500,000 is for the processing of applications 

for permit to drill and related use authorizations, to remain available until expended, to be reduced by amounts collected by the 

Bureau and credited to this appropriation that shall be derived 

from $6,500 per new application for permit to drill that the Bureau 

shall collect upon submission of each new application, and in addition, $36,696,000 is for Mining Law Administration program operations, including the cost of administering the mining claim fee 

program; to remain available until expended, to be reduced by 

amounts collected by the Bureau and credited to this appropriation 

from mining claim maintenance fees and location fees that are 

hereby authorized for fiscal year 2010 so as to result in a final 

appropriation estimated at not more than $959,571,000, and 

$2,000,000, to remain available until expended, from communication 

site rental fees established by the Bureau for the cost of administering communication site activities: Provided, That notwithstanding section 430 of division E of Public Law 111–8, the amount 

of $1,000,000 made available to the Bureau of Land Management 

for the shipment and storage of oil shale core samples in the 

State of Colorado, as described in the table entitled ‘‘Congressionally 

Designated Spending’’ contained in the joint explanatory statement, 

is rescinded. 

CONSTRUCTION

For construction of buildings, recreation facilities, roads, trails, 

and appurtenant facilities, $8,626,000, to remain available until 

expended. 

LAND ACQUISITION

For expenses necessary to carry out sections 205, 206, and 

318(d) of Public Law 94–579, including administrative expenses 

and acquisition of lands or waters, or interests therein, $29,650,000, 

to be derived from the Land and Water Conservation Fund and 

to remain available until expended: Provided, That, notwithstanding 

the joint explanatory statement of the Committee on Appropriations 

of the House of Representatives accompanying Public Law 111– 

8 (123 Stat. 524), the amount of $2,000,000 made available for 

the Henry’s Lake ACEC in the State of Idaho (as described in 

the table entitled ‘‘Congressionally Designated Spending’’ contained 

in section 430 of that joint explanatory statement) shall be made 

available for the Upper Snake/South Fork River ACEC/SRMA in 

the State of Idaho. 

OREGON AND CALIFORNIA GRANT LANDS

For expenses necessary for management, protection, and 

development of resources and for construction, operation, and 

maintenance of access roads, reforestation, and other improvements 

on the revested Oregon and California Railroad grant lands, on 

other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of 

lands or interests therein, including existing connecting roads on 

or adjacent to such grant lands; $111,557,000, to remain available 

until expended: Provided, That 25 percent of the aggregate of all 

receipts during the current fiscal year from the revested Oregon 

and California Railroad grant lands is hereby made a charge against 

Idaho. 


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123 STAT. 2906 PUBLIC LAW 111–88—OCT. 30, 2009 

the Oregon and California land-grant fund and shall be transferred 

to the General Fund in the Treasury in accordance with the second 

paragraph of subsection (b) of title II of the Act of August 28, 

1937 (50 Stat. 876). 

FOREST ECOSYSTEM HEALTH AND RECOVERY FUND

(REVOLVING FUND, SPECIAL ACCOUNT)

In addition to the purposes authorized in Public Law 102– 

381, funds made available in the Forest Ecosystem Health and 

Recovery Fund can be used through fiscal year 2015 for the purpose 

of planning, preparing, implementing and monitoring salvage 

timber sales and forest ecosystem health and recovery activities, 

such as release from competing vegetation and density control treatments. The Federal share of receipts (defined as the portion of 

salvage timber receipts not paid to the counties under 43 U.S.C. 

1181f and 43 U.S.C. 1181f–1 et seq., and Public Law 106–393) 

derived from treatments funded by this account shall be deposited 

through fiscal year 2015 into the Forest Ecosystem Health and 

Recovery Fund. 

RANGE IMPROVEMENTS

For rehabilitation, protection, and acquisition of lands and 

interests therein, and improvement of Federal rangelands pursuant 

to section 401 of the Federal Land Policy and Management Act 

of 1976 (43 U.S.C. 1701), notwithstanding any other Act, sums 

equal to 50 percent of all moneys received during the prior fiscal 

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

315 et seq.) and the amount designated for range improvements 

from grazing fees and mineral leasing receipts from BankheadJones lands transferred to the Department of the Interior pursuant 

to law, but not less than $10,000,000, to remain available until 

expended: Provided, That not to exceed $600,000 shall be available 

for administrative expenses. 

SERVICE CHARGES, DEPOSITS, AND FORFEITURES

For administrative expenses and other costs related to processing application documents and other authorizations for use and 

disposal of public lands and resources, for costs of providing copies 

of official public land documents, for monitoring construction, operation, and termination of facilities in conjunction with use 

authorizations, and for rehabilitation of damaged property, such 

amounts as may be collected under Public Law 94–579, as amended, 

and Public Law 93–153, to remain available until expended: Provided, That, notwithstanding any provision to the contrary of section 

305(a) of Public Law 94–579 (43 U.S.C. 1735(a)), any moneys that 

have been or will be received pursuant to that section, whether 

as a result of forfeiture, compromise, or settlement, if not appropriate for refund pursuant to section 305(c) of that Act (43 U.S.C. 

1735(c)), shall be available and may be expended under the 

authority of this Act by the Secretary to improve, protect, or 

rehabilitate any public lands administered through the Bureau 

of Land Management which have been damaged by the action 

of a resource developer, purchaser, permittee, or any unauthorized 

person, without regard to whether all moneys collected from each 

43 USC 1735 

note. 


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PUBLIC LAW 111–88—OCT. 30, 2009 123 STAT. 2907 

such action are used on the exact lands damaged which led to 

the action: Provided further, That any such moneys that are in 

excess of amounts needed to repair damage to the exact land 

for which funds were collected may be used to repair other damaged 

public lands. 

MISCELLANEOUS TRUST FUNDS

In addition to amounts authorized to be expended under 

existing laws, there is hereby appropriated such amounts as may 

be contributed under section 307 of the Act of October 21, 1976 

(43 U.S.C. 1701), and such amounts as may be advanced for 

administrative costs, surveys, appraisals, and costs of making 

conveyances of omitted lands under section 211(b) of that Act, 

to remain available until expended. 

ADMINISTRATIVE PROVISIONS

The Bureau of Land Management may carry out the operations 

funded under this Act by direct expenditure, contracts, grants, 

cooperative agreements and reimbursable agreements with public 

and private entities. Projects funded pursuant to a written commitment by a State government to provide an identified amount of 

money in support of the project may be carried out by the bureau 

upon receipt of the written commitment. Appropriations for the 

Bureau of Land Management (BLM) shall be available for purchase, 

erection, and dismantlement of temporary structures, and alteration 

and maintenance of necessary buildings and appurtenant facilities 

to which the United States has title; up to $100,000 for payments, 

at the discretion of the Secretary, for information or evidence concerning violations of laws administered by the Bureau; miscellaneous and emergency expenses of enforcement activities authorized 

or approved by the Secretary and to be accounted for solely on 

the Secretary’s certificate, not to exceed $10,000: Provided, That 

notwithstanding 44 U.S.C. 501, the Bureau may, under cooperative 

cost-sharing and partnership arrangements authorized by law, procure printing services from cooperators in connection with jointly 

produced publications for which the cooperators share the cost 

of printing either in cash or in services, and the Bureau determines 

the cooperator is capable of meeting accepted quality standards: 

Provided further, That projects to be funded pursuant to a written 

commitment by a State government to provide an identified amount 

of money in support of the project may be carried out by the 

Bureau on a reimbursable basis. Appropriations herein made shall 

not be available for the destruction of healthy, unadopted, wild 

horses and burros in the care of the Bureau of Land Management 

or its contractors or for the sale of wild horses and burros that 

results in their destruction for processing into commercial products: 

Provided further, That title I of division E of the Omnibus Appropriations Act, 2009, is further amended, under the heading ‘‘Department of the Interior—Bureau of Land Management—Administrative 

Provisions’’ in the second paragraph: (1) by striking the phrase 

‘‘mining law administration’’ and inserting ‘‘from mining claim 

holders the mining claim maintenance fees and location’’; and (2) 

by striking ‘‘those’’: Provided further, That section 28f(a) of title 

30, United States Code, is amended by striking the phrase ‘‘for 

years 2004 through 2008,’’ and replacing it with ‘‘, to the extent 

provided in advance in Appropriations Acts,’’. Section 28g of title 

Ante, p. 704. 


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123 STAT. 2908 PUBLIC LAW 111–88—OCT. 30, 2009 

30, United States Code, is amended by striking the phrase ‘‘and 

before September 30, 2008,’’ and replacing it with ‘‘, to the extent 

provided in advance in Appropriations Acts,’’. Section 28i of title 

30, United States Code, is amended by striking ‘‘28k’’ and replacing 

it with ‘‘28l’’. 

UNITED STATES FISH AND WILDLIFE SERVICE

RESOURCE MANAGEMENT

For necessary expenses of the United States Fish and Wildlife 

Service, as authorized by law, and for scientific and economic 

studies, general administration, and for the performance of other 

authorized functions related to such resources, $1,269,406,000, to 

remain available until September 30, 2011 except as otherwise 

provided herein: Provided, That $2,500,000 is for high priority 

projects, which shall be carried out by the Youth Conservation 

Corps: Provided further, That not to exceed $22,103,000 shall be 

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

4 of the Endangered Species Act, as amended, (except for processing 

petitions, developing and issuing proposed and final regulations, 

and taking any other steps to implement actions described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to exceed 

$11,632,000 shall be used for any activity regarding the designation 

of critical habitat, pursuant to subsection (a)(3), excluding litigation 

support, for species listed pursuant to subsection (a)(1) prior to 

October 1, 2009: Provided further, That of the amount available 

for law enforcement, up to $400,000, to remain available until 

expended, may at the discretion of the Secretary be used for payment for information, rewards, or evidence concerning violations 

of laws administered by the Service, and miscellaneous and emergency expenses of enforcement activity, authorized or approved 

by the Secretary and to be accounted for solely on the Secretary’s 

certificate: Provided further, That of the amount provided for 

environmental contaminants, up to $1,000,000 may remain available until expended for contaminant sample analyses. 

CONSTRUCTION

For construction, improvement, acquisition, or removal of 

buildings and other facilities required in the conservation, management, investigation, protection, and utilization of fishery and wildlife resources, and the acquisition of lands and interests therein; 

$37,439,000, to remain available until expended: Provided, That 

funds provided under this heading in Public Law 111–8, division 

E for Kealia Pond National Wildlife Refuge, Nisqually National 

Wildlife Refuge, Patuxent Research Refuge, Tennessee National 

Wildlife Refuge, and Mammoth Springs National Fish Hatchery 

may be reallocated to acquire migratory bird survey aircraft and 

for construction at Neosho National Fish Hatchery. 

LAND ACQUISITION

For expenses necessary to carry out the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through 

11), including administrative expenses, and for acquisition of land 

or waters, or interest therein, in accordance with statutory authority 

applicable to the United States Fish and Wildlife Service, 


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PUBLIC LAW 111–88—OCT. 30, 2009 123 STAT. 2909 

$86,340,000, to be derived from the Land and Water Conservation 

Fund and to remain available until expended, of which, notwithstanding 16 U.S.C. 460l–9, not more than $4,000,000 shall be for 

land conservation partnerships authorized by the Highlands Conservation Act of 2004, including not to exceed $120,000 for administrative expenses: Provided, That none of the funds appropriated 

for specific land acquisition projects may be used to pay for any 

administrative overhead, planning or other management costs. 

COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

For expenses necessary to carry out section 6 of the Endangered 

Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended, 

$85,000,000, to remain available until expended, of which 

$29,000,000 is to be derived from the Cooperative Endangered 

Species Conservation Fund, of which $5,145,706 shall be for the 

Idaho Salmon and Clearwater River Basins Habitat Account pursuant to the Snake River Water Rights Act of 2004; and of which 

$56,000,000 is to be derived from the Land and Water Conservation 

Fund. 

NATIONAL WILDLIFE REFUGE FUND

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

NORTH AMERICAN WETLANDS CONSERVATION FUND

For expenses necessary to carry out the provisions of the North 

American Wetlands Conservation Act, as amended (16 U.S.C. 4401– 

4414), $47,647,000, to remain available until expended. 

NEOTROPICAL MIGRATORY BIRD CONSERVATION

For expenses necessary to carry out the Neotropical Migratory 

Bird Conservation Act, as amended, (16 U.S.C. 6101 et seq.), 

$5,000,000, to remain available until expended. 

MULTINATIONAL SPECIES CONSERVATION FUND

For expenses necessary to carry out the African Elephant Conservation Act (16 U.S.C. 4201–4203, 4211–4214, 4221–4225, 4241– 

4246, and 1538), the Asian Elephant Conservation Act of 1997 

(16 U.S.C. 4261–4266), the Rhinoceros and Tiger Conservation Act 

of 1994 (16 U.S.C. 5301–5306), the Great Ape Conservation Act 

of 2000 (16 U.S.C. 6301–6305), and the Marine Turtle Conservation 

Act of 2004 (16 U.S.C. 6601–6606), $11,500,000, to remain available 

until expended. 

STATE AND TRIBAL WILDLIFE GRANTS

For wildlife conservation grants to States and to the District 

of Columbia, Puerto Rico, Guam, the United States Virgin Islands, 

the Northern Mariana Islands, American Samoa, and Indian tribes 

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

the Fish and Wildlife Coordination Act, for the development and 

implementation of programs for the benefit of wildlife and their 

habitat, including species that are not hunted or fished, 

$90,000,000, to remain available until expended: Provided, That 


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123 STAT. 2910 PUBLIC LAW 111–88—OCT. 30, 2009 

of the amount provided herein, $7,000,000 is for a competitive 

grant program for Indian tribes not subject to the remaining provisions of this appropriation: Provided further, That $5,000,000 is 

for a competitive grant program for States, territories, and other 

jurisdictions with approved plans, not subject to the remaining 

provisions of this appropriation: Provided further, That the Secretary shall, after deducting $12,000,000 and administrative 

expenses, apportion the amount provided herein in the following 

manner: (1) to the District of Columbia and to the Commonwealth 

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

1 percent thereof; and (2) to Guam, American Samoa, the United 

States Virgin Islands, and the Commonwealth of the Northern 

Mariana Islands, each a sum equal to not more than one-fourth 

of 1 percent thereof: Provided further, That the Secretary shall 

apportion the remaining amount in the following manner: (1) onethird of which is based on the ratio to which the land area of 

such State bears to the total land area of all such States; and 

(2) two-thirds of which is based on the ratio to which the population 

of such State bears to the total population of all such States: 

Provided further, That the amounts apportioned under this paragraph shall be adjusted equitably so that no State shall be apportioned a sum which is less than 1 percent of the amount available 

for apportionment under this paragraph for any fiscal year or 

more than 5 percent of such amount: Provided further, That the 

Federal share of planning grants shall not exceed 75 percent of 

the total costs of such projects and the Federal share of implementation grants shall not exceed 65 percent of the total costs of such 

projects: Provided further, That the non-Federal share of such 

projects may not be derived from Federal grant programs: Provided 

further, That any amount apportioned in 2010 to any State, territory, or other jurisdiction that remains unobligated as of September 

30, 2011, shall be reapportioned, together with funds appropriated 

in 2012, in the manner provided herein. 

ADMINISTRATIVE PROVISIONS

The Fish and Wildlife Service may carry out the operations 

of Service programs by direct expenditure, contracts, grants, 

cooperative agreements and reimbursable agreements with public 

and private entities. Appropriations and funds available to the 

United States Fish and Wildlife Service shall be available for repair 

of damage to public roads within and adjacent to reservation areas 

caused by operations of the Service; options for the purchase of 

land at not to exceed $1 for each option; facilities incident to 

such public recreational uses on conservation areas as are consistent 

with their primary purpose; and the maintenance and improvement 

of aquaria, buildings, and other facilities under the jurisdiction 

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

are used pursuant to law in connection with management, and 

investigation of fish and wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the Service may, under cooperative cost 

sharing and partnership arrangements authorized by law, procure 

printing services from cooperators in connection with jointly produced publications for which the cooperators share at least onehalf the cost of printing either in cash or services and the Service 

determines the cooperator is capable of meeting accepted quality 


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PUBLIC LAW 111–88—OCT. 30, 2009 123 STAT. 2911 

standards: Provided further, That the Service may accept donated 

aircraft as replacements for existing aircraft. 

NATIONAL PARK SERVICE

OPERATION OF THE NATIONAL PARK SYSTEM

For expenses necessary for the management, operation, and 

maintenance of areas and facilities administered by the National 

Park Service (including expenses to carry out programs of the 

United States Park Police), and for the general administration 

of the National Park Service, $2,261,559,000, of which $9,982,000 

for planning and interagency coordination in support of Everglades 

restoration and $98,622,000 for maintenance, repair or rehabilitation projects for constructed assets, operation of the National Park 

Service automated facility management software system, and comprehensive facility condition assessments shall remain available 

until September 30, 2011. 

PARK PARTNERSHIP PROJECT GRANTS

For expenses necessary to carry out provisions of section 814(g) 

of Public Law 104–333 relating to challenge cost-share agreements, 

$15,000,000, to remain available until expended for Park Partnership signature projects and programs: Provided, That not less than 

50 percent of the total cost of each project or program is derived 

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

a pledge of donation guaranteed by an irrevocable letter of credit: 

Provided further, That, of the amount made available under this 

heading, $10,000,000 shall be derived from the transfer of prior 

year unobligated balances available in the National Park Service 

recreation enhancement fee program established by title VIII, division J, Public Law 108–447. 

NATIONAL RECREATION AND PRESERVATION

For expenses necessary to carry out recreation programs, natural programs, cultural programs, heritage partnership programs, 

environmental compliance and review, international park affairs, 

statutory or contractual aid for other activities, and grant administration, not otherwise provided for, $68,436,000, of which $4,600,000 

shall be for Preserve America grants as authorized by section 7302 

of the Omnibus Public Land Management Act of 2009 (Public Law 

111–11). 

HISTORIC PRESERVATION FUND

For expenses necessary in carrying out the Historic Preservation Act of 1966, as amended (16 U.S.C. 470), and the Omnibus 

Parks and Public Lands Management Act of 1996 (Public Law 

104–333), $79,500,000, to be derived from the Historic Preservation 

Fund and to remain available until September 30, 2011; of which 

$25,000,000 shall be for Save America’s Treasures grants as authorized by section 7303 of the Omnibus Public Land Management 

Act of 2009 (Public Law 111–11): Provided, That of the funds 

provided for Save America’s Treasures, $10,200,000 shall be allocated in the amounts specified for those projects and purposes 


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123 STAT. 2912 PUBLIC LAW 111–88—OCT. 30, 2009 

in accordance with the terms and conditions specified in the joint 

explanatory statement of the managers accompanying this Act. 

CONSTRUCTION

For construction, improvements, repair or replacement of physical facilities, including modifications authorized by section 104 

of the Everglades National Park Protection and Expansion Act 

of 1989, $232,969,000, to remain available until expended: Provided, 

That, beginning in fiscal year 2010 and thereafter, procurements 

for the removal and restoration of the Elwha and Glines Canyon 

dams as authorized in Public Law 102–495 may be issued which 

include the full scope of the project: Provided further, That the 

solicitation and contract shall contain the clause ‘‘availability of 

funds’’ found at 48 CFR 52.232.18: Provided further, That funds 

provided under this heading shall be made available without regard 

to the requirements of section 8(b) of Public Law 102–543, as 

amended. 

LAND AND WATER CONSERVATION FUND

(RESCISSION)

The contract authority provided for fiscal year 2010 by 16 

U.S.C. 460l–10a is rescinded. 

LAND ACQUISITION AND STATE ASSISTANCE

For expenses necessary to carry out the Land and Water Conservation Act of 1965, as amended (16 U.S.C. 460l–4 through 11), 

including administrative expenses, and for acquisition of lands or 

waters, or interest therein, in accordance with the statutory 

authority applicable to the National Park Service, $126,266,000, 

to be derived from the Land and Water Conservation Fund and 

to remain available until expended, of which $40,000,000 is for 

the State assistance program and of which $9,000,000 shall be 

for the American Battlefield Protection Program grants as authorized by section 7301 of the Omnibus Public Land Management 

Act of 2009 (Public Law 111–11). 

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS)

In addition to other uses set forth in section 407(d) of Public 

Law 105–391, franchise fees credited to a sub-account shall be 

available for expenditure by the Secretary, without further appropriation, for use at any unit within the National Park System 

to extinguish or reduce liability for Possessory Interest or leasehold 

surrender interest. Such funds may only be used for this purpose 

to the extent that the benefitting unit anticipated franchise fee 

receipts over the term of the contract at that unit exceed the 

amount of funds used to extinguish or reduce liability. Franchise 

fees at the benefitting unit shall be credited to the sub-account 

of the originating unit over a period not to exceed the term of 

a single contract at the benefitting unit, in the amount of funds 

so expended to extinguish or reduce liability. 

10 USC 460l–10a 

note. 


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PUBLIC LAW 111–88—OCT. 30, 2009 123 STAT. 2913 

For the costs of administration of the Land and Water Conservation Fund grants authorized by section 105(a)(2)(B) of the 

Gulf of Mexico Energy Security Act of 2006 (Public Law 109– 

432), the National Park Service may retain up to 3 percent of 

the amounts which are authorized to be disbursed under such 

section, such retained amounts to remain available until expended. 

National Park Service funds may be transferred to the Federal 

Highway Administration (FHWA), Department of Transportation, 

for purposes authorized under 23 U.S.C. 204. Transfers may include 

a reasonable amount for FHWA administrative support costs. 

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

For expenses necessary for the United States Geological Survey 

to perform surveys, investigations, and research covering topography, geology, hydrology, biology, and the mineral and water 

resources of the United States, its territories and possessions, and 

other areas as authorized by 43 U.S.C. 31, 1332, and 1340; classify 

lands as to their mineral and water resources; give engineering 

supervision to power permittees and Federal Energy Regulatory 

Commission licensees; administer the minerals exploration program 

(30 U.S.C. 641); conduct inquiries into the economic conditions 

affecting mining and materials processing industries (30 U.S.C. 

3, 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes as authorized by law; and to publish and disseminate data relative to the 

foregoing activities; $1,111,740,000, to remain available until September 30, 2011, of which $65,561,000 shall be available only for 

cooperation with States or municipalities for water resources investigations; of which $40,150,000 shall remain available until 

expended for satellite operations; of which $7,321,000 shall be available until expended for deferred maintenance and capital improvement projects that exceed $100,000 in cost; and of which $2,000,000 

shall be available to fund the operating expenses for the Civil 

Applications Committee: Provided, That none of the funds provided 

for the biological research activity shall be used to conduct new 

surveys on private property, unless specifically authorized in writing 

by the property owner: Provided further, That no part of this 

appropriation shall be used to pay more than one-half the cost 

of topographic mapping or water resources data collection and investigations carried on in cooperation with States and municipalities. 

ADMINISTRATIVE PROVISIONS

From within the amount appropriated for activities of the 

United States Geological Survey such sums as are necessary shall 

be available for reimbursement to the General Services Administration for security guard services; contracting for the furnishing of 

topographic maps and for the making of geophysical or other specialized surveys when it is administratively determined that such procedures are in the public interest; construction and maintenance 

of necessary buildings and appurtenant facilities; acquisition of 

lands for gauging stations and observation wells; expenses of the 

United States National Committee on Geology; and payment of 

compensation and expenses of persons on the rolls of the Survey 

duly appointed to represent the United States in the negotiation 

and administration of interstate compacts: Provided, That activities 

43 USC 50. 


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123 STAT. 2914 PUBLIC LAW 111–88—OCT. 30, 2009 

funded by appropriations herein made may be accomplished through 

the use of contracts, grants, or cooperative agreements as defined 

in 31 U.S.C. 6302 et seq.: Provided further, That the United States 

Geological Survey may enter into contracts or cooperative agreements directly with individuals or indirectly with institutions or 

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

temporary or intermittent services of students or recent graduates, 

who shall be considered employees for the purpose of chapters 

57 and 81 of title 5, United States Code, relating to compensation 

for travel and work injuries, and chapter 171 of title 28, United 

States Code, relating to tort claims, but shall not be considered 

to be Federal employees for any other purposes. 

MINERALS MANAGEMENT SERVICE

ROYALTY AND OFFSHORE MINERALS MANAGEMENT

For expenses necessary for minerals leasing and environmental 

studies, regulation of industry operations, and collection of royalties, 

as authorized by law; for enforcing laws and regulations applicable 

to oil, gas, and other minerals leases, permits, licenses and operating contracts; for energy-related or other authorized marinerelated purposes on the Outer Continental Shelf; and for matching 

grants or cooperative agreements, $175,217,000, to remain available 

until September 30, 2011, of which $89,374,000 shall be available 

for royalty management activities; and an amount not to exceed 

$156,730,000, to be credited to this appropriation and to remain 

available until expended, from additions to receipts resulting from 

increases to rates in effect on August 5, 1993, and from cost recovery 

fees: Provided, That notwithstanding 31 U.S.C. 3302, in fiscal year 

2010, such amounts as are assessed under 31 U.S.C. 9701 shall 

be collected and credited to this account and shall be available 

until expended for necessary expenses: Provided further, That to 

the extent $156,730,000 in addition to receipts are not realized 

from the sources of receipts stated above, the amount needed to 

reach $156,730,000 shall be credited to this appropriation from 

receipts resulting from rental rates for Outer Continental Shelf 

leases in effect before August 5, 1993: Provided further, That the 

term ‘‘qualified Outer Continental Shelf revenues’’, as defined in 

section 102(9)(A) of the Gulf of Mexico Energy Security Act, division 

C of Public Law 109–432, shall include only the portion of rental 

revenues that would have been collected at the rental rates in 

effect before August 5, 1993: Provided further, That not to exceed 

$3,000 shall be available for reasonable expenses related to promoting volunteer beach and marine cleanup activities: Provided 

further, That notwithstanding any other provision of law, $15,000 

under this heading shall be available for refunds of overpayments 

in connection with certain Indian leases in which the Director 

of MMS concurred with the claimed refund due, to pay amounts 

owed to Indian allottees or tribes, or to correct prior unrecoverable 

erroneous payments: Provided further, That for the costs of administration of the Coastal Impact Assistance Program authorized by 

section 31 of the Outer Continental Shelf Lands Act, as amended 

(43 U.S.C. 1456a), in fiscal year 2010, MMS may retain up to 

4 percent of the amounts which are disbursed under section 31(b)(1), 

such retained amounts to remain available until expended. 


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PUBLIC LAW 111–88—OCT. 30, 2009 123 STAT. 2915 

For an additional amount, $10,000,000, to remain available 

until expended, which shall be derived from non-refundable inspection fees collected in fiscal year 2010, as provided in this Act: 

Provided, That to the extent that such amounts are not realized 

from such fees, the amount needed to reach $10,000,000 shall 

be credited to this appropriation from receipts resulting from rental 

rates for Outer Continental Shelf leases in effect before August 

5, 1993. 

OIL SPILL RESEARCH

For necessary expenses to carry out title I, section 1016, title 

IV, sections 4202 and 4303, title VII, and title VIII, section 8201 

of the Oil Pollution Act of 1990, $6,303,000, which shall be derived 

from the Oil Spill Liability Trust Fund, to remain available until 

expended. 

ADMINISTRATIVE PROVISION

Notwithstanding the provisions of section 35(b) of the Mineral 

Leasing Act, as amended (30 U.S.C. 191(b)), the Secretary shall 

deduct 2 percent from the amount payable to each State in fiscal 

year 2010 and deposit the amount deducted to miscellaneous 

receipts of the Treasury. 

OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

REGULATION AND TECHNOLOGY

For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law 

95–87, as amended, $127,180,000, to remain available until September 30, 2011: Provided, That appropriations for the Office of 

Surface Mining Reclamation and Enforcement may provide for the 

travel and per diem expenses of State and tribal personnel attending 

Office of Surface Mining Reclamation and Enforcement sponsored 

training. 

ABANDONED MINE RECLAMATION FUND

For necessary expenses to carry out title IV of the Surface 

Mining Control and Reclamation Act of 1977, Public Law 95–87, 

as amended, $35,588,000, to be derived from receipts of the Abandoned Mine Reclamation Fund and to remain available until 

expended: Provided, That pursuant to Public Law 97–365, the 

Department of the Interior is authorized to use up to 20 percent 

from the recovery of the delinquent debt owed to the United States 

Government to pay for contracts to collect these debts: Provided 

further, That funds made available under title IV of Public Law 

95–87 may be used for any required non-Federal share of the 

cost of projects funded by the Federal Government for the purpose 

of environmental restoration related to treatment or abatement 

of acid mine drainage from abandoned mines: Provided further, 

That such projects must be consistent with the purposes and priorities of the Surface Mining Control and Reclamation Act: Provided 

further, That amounts provided under this heading may be used 

for the travel and per diem expenses of State and tribal personnel 

30 USC 1211 

note. 


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123 STAT. 2916 PUBLIC LAW 111–88—OCT. 30, 2009 

attending Office of Surface Mining Reclamation and Enforcement 

sponsored training. 

ADMINISTRATIVE PROVISION

With funds available for the Technical Innovation and Professional Services program in this Act, the Secretary may transfer 

title for computer hardware, software and other technical equipment 

to State and tribal regulatory and reclamation programs. 

BUREAU OF INDIAN AFFAIRS

OPERATION OF INDIAN PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary for the operation of Indian programs, 

as authorized by law, including the Snyder Act of November 2, 

1921 (25 U.S.C. 13), the Indian Self-Determination and Education 

Assistance Act of 1975 (25 U.S.C. 450 et seq.), as amended, the 

Education Amendments of 1978 (25 U.S.C. 2001–2019), and the 

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

as amended, $2,335,965,000, to remain available until September 

30, 2011 except as otherwise provided herein; of which not to 

exceed $30,000 may be for official reception and representation 

expenses; of which not to exceed $74,915,000 shall be for welfare 

assistance payments: Provided, That in cases of designated Federal 

disasters, the Secretary may exceed such cap, from the amounts 

provided herein, to provide for disaster relief to Indian communities 

affected by the disaster; and of which, notwithstanding any other 

provision of law, including but not limited to the Indian SelfDetermination Act of 1975, as amended, not to exceed $166,000,000 

shall be available for payments for contract support costs associated 

with ongoing contracts, grants, compacts, or annual funding agreements entered into with the Bureau prior to or during fiscal year 

2010, as authorized by such Act, except that tribes and tribal 

organizations may use their tribal priority allocations for unmet 

contract support costs of ongoing contracts, grants, or compacts, 

or annual funding agreements and for unmet welfare assistance 

costs; of which not to exceed $568,702,000 for school operations 

costs of Bureau-funded schools and other education programs shall 

become available on July 1, 2010, and shall remain available until 

September 30, 2011; of which $25,000,000 shall be for public safety 

and justice programs as authorized by the Emergency Fund for 

Indian Safety and Health, established by section 601 of Public 

Law 110–293 (25 U.S.C. 443c); and of which not to exceed 

$59,895,000 shall remain available until expended for housing 

improvement, road maintenance, attorney fees, litigation support, 

the Indian Self-Determination Fund, land records improvement, 

and the Navajo-Hopi Settlement Program: Provided further, That 

notwithstanding any other provision of law, including but not limited to the Indian Self-Determination Act of 1975, as amended, 

and 25 U.S.C. 2008, not to exceed $43,373,000 within and only 

from such amounts made available for school operations shall be 

available for administrative cost grants associated with ongoing 

grants entered into with the Bureau prior to or during fiscal year 

2009 for the operation of Bureau-funded schools, and up to $500,000 


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PUBLIC LAW 111–88—OCT. 30, 2009 123 STAT. 2917 

within and only from such amounts made available for administrative cost grants shall be available for the transitional costs of 

initial administrative cost grants to grantees that assume operation 

on or after July 1, 2009, of Bureau-funded schools: Provided further, 

That any forestry funds allocated to a tribe which remain unobligated as of September 30, 2011, may be transferred during fiscal 

year 2012 to an Indian forest land assistance account established 

for the benefit of the holder of the funds within the holder’s trust 

fund account: Provided further, That any such unobligated balances 

not so transferred shall expire on September 30, 2012: Provided 

further, That in order to enhance the safety of Bureau field 

employees, the Bureau may use funds to purchase uniforms or 

other identifying articles of clothing for personnel. 

CONSTRUCTION

(INCLUDING TRANSFER OF FUNDS)

For construction, repair, improvement, and maintenance of 

irrigation and power systems, buildings, utilities, and other facilities, including architectural and engineering services by contract; 

acquisition of lands, and interests in lands; and preparation of 

lands for farming, and for construction of the Navajo Indian Irrigation Project pursuant to Public Law 87–483, $225,000,000, to remain 

available until expended: Provided, That such amounts as may 

be available for the construction of the Navajo Indian Irrigation 

Project may be transferred to the Bureau of Reclamation: Provided 

further, That not to exceed 6 percent of contract authority available 

to the Bureau of Indian Affairs from the Federal Highway Trust 

Fund may be used to cover the road program management costs 

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

Safety of Dams program pursuant to 25 U.S.C. 13 shall be made 

available on a nonreimbursable basis: Provided further, That for 

fiscal year 2010, in implementing new construction or facilities 

improvement and repair project grants in excess of $100,000 that 

are provided to grant schools under Public Law 100–297, as 

amended, the Secretary of the Interior shall use the Administrative 

and Audit Requirements and Cost Principles for Assistance Programs contained in 43 CFR part 12 as the regulatory requirements: 

Provided further, That such grants shall not be subject to section 

12.61 of 43 CFR; the Secretary and the grantee shall negotiate 

and determine a schedule of payments for the work to be performed: 

Provided further, That in considering grant applications, the Secretary shall consider whether such grantee would be deficient in 

assuring that the construction projects conform to applicable 

building standards and codes and Federal, tribal, or State health 

and safety standards as required by 25 U.S.C. 2005(b), with respect 

to organizational and financial management capabilities: Provided 

further, That if the Secretary declines a grant application, the 

Secretary shall follow the requirements contained in 25 U.S.C. 

2504(f): Provided further, That any disputes between the Secretary 

and any grantee concerning a grant shall be subject to the disputes 

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

to ensure timely completion of construction projects, the Secretary 

may assume control of a project and all funds related to the project, 

if, within eighteen months of the date of enactment of this Act, 

any grantee receiving funds appropriated in this Act or in any 

Negotiation. 

Expiration date. 


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123 STAT. 2918 PUBLIC LAW 111–88—OCT. 30, 2009 

prior Act, has not completed the planning and design phase of 

the project and commenced construction: Provided further, That 

this appropriation may be reimbursed from the Office of the Special 

Trustee for American Indians appropriation for the appropriate 

share of construction costs for space expansion needed in agency 

offices to meet trust reform implementation. 

INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS

PAYMENTS TO INDIANS

For payments and necessary administrative expenses for 

implementation of Indian land and water claim settlements pursuant to Public Laws 99–264, 100–580, 101–618, 108–447, 109–379, 

109–479, 110–297, and 111–11, and for implementation of other 

land and water rights settlements, $47,380,000, to remain available 

until expended. 

INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

For the cost of guaranteed loans and insured loans, $8,215,000, 

of which $1,629,000 is for administrative expenses, as authorized 

by the Indian Financing Act of 1974, as amended: Provided, That 

such costs, including the cost of modifying such loans, shall be 

as defined in section 502 of the Congressional Budget Act of 1974: 

Provided further, That these funds are available to subsidize total 

loan principal, any part of which is to be guaranteed or insured, 

not to exceed $93,807,956. 

INDIAN LAND CONSOLIDATION

For consolidation of fractional interests in Indian lands and 

expenses associated with redetermining and redistributing 

escheated interests in allotted lands, and for necessary expenses 

to carry out the Indian Land Consolidation Act of 1983, as amended, 

by direct expenditure or cooperative agreement, $3,000,000, to 

remain available until expended. 

ADMINISTRATIVE PROVISIONS

The Bureau of Indian Affairs may carry out the operation 

of Indian programs by direct expenditure, contracts, cooperative 

agreements, compacts and grants, either directly or in cooperation 

with States and other organizations. 

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

may contract for services in support of the management, operation, 

and maintenance of the Power Division of the San Carlos Irrigation 

Project. 

Appropriations for the Bureau of Indian Affairs (except the 

Revolving Fund for Loans Liquidating Account, Indian Loan Guaranty and Insurance Fund Liquidating Account, Indian Guaranteed 

Loan Financing Account, Indian Direct Loan Financing Account, 

and the Indian Guaranteed Loan Program account) shall be available for expenses of exhibits. 

Notwithstanding any other provision of law, no funds available 

to the Bureau of Indian Affairs for central office oversight and 

Executive Direction and Administrative Services (except executive 

direction and administrative services funding for Tribal Priority 


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PUBLIC LAW 111–88—OCT. 30, 2009 123 STAT. 2919 

Allocations, regional offices, and facilities operations and maintenance) shall be available for contracts, grants, compacts, or cooperative agreements with the Bureau of Indian Affairs under the provisions of the Indian Self-Determination Act or the Tribal Self-Governance Act of 1994 (Public Law 103–413). 

In the event any tribe returns appropriations made available 

by this Act to the Bureau of Indian Affairs, this action shall not 

diminish the Federal Government’s trust responsibility to that tribe, 

or the government-to-government relationship between the United 

States and that tribe, or that tribe’s ability to access future appropriations. 

Notwithstanding any other provision of law, no funds available 

to the Bureau, other than the amounts provided herein for assistance to public schools under 25 U.S.C. 452 et seq., shall be available 

to support the operation of any elementary or secondary school 

in the State of Alaska. 

Appropriations made available in this or any other Act for 

schools funded by the Bureau shall be available only to the schools 

in the Bureau school system as of September 1, 1996. No funds 

available to the Bureau shall be used to support expanded grades 

for any school or dormitory beyond the grade structure in place 

or approved by the Secretary of the Interior at each school in 

the Bureau school system as of October 1, 1995. Funds made 

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

school at a Bureau-funded school (as that term is defined in section 

1146 of the Education Amendments of 1978 (25 U.S.C. 2026)), 

except that a charter school that is in existence on the date of 

the enactment of this Act and that has operated at a Bureaufunded school before September 1, 1999, may continue to operate 

during that period, but only if the charter school pays to the 

Bureau a pro rata share of funds to reimburse the Bureau for 

the use of the real and personal property (including buses and 

vans), the funds of the charter school are kept separate and apart 

from Bureau funds, and the Bureau does not assume any obligation 

for charter school programs of the State in which the school is 

located if the charter school loses such funding. Employees of 

Bureau-funded schools sharing a campus with a charter school 

and performing functions related to the charter schools operation 

and employees of a charter school shall not be treated as Federal 

employees for purposes of chapter 171 of title 28, United States 

Code. 

Notwithstanding any other provision of law, including section 

113 of title I of appendix C of Public Law 106–113, if in fiscal 

year 2003 or 2004 a grantee received indirect and administrative 

costs pursuant to a distribution formula based on section 5(f) of 

Public Law 101–301, the Secretary shall continue to distribute 

indirect and administrative cost funds to such grantee using the 

section 5(f) distribution formula. 

DEPARTMENTAL OFFICES

OFFICE OF THE SECRETARY

SALARIES AND EXPENSES

For necessary expenses for management of the Department 

of the Interior, $118,836,000; of which not to exceed $25,000 may 

Charter schools. 


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123 STAT. 2920 PUBLIC LAW 111–88—OCT. 30, 2009 

be for official reception and representation expenses; and of which 

up to $1,000,000 shall be available for workers compensation payments and unemployment compensation payments associated with 

the orderly closure of the United States Bureau of Mines; and 

of which $12,136,000 for consolidated appraisal services is to be 

derived from the Land and Water Conservation Fund and shall 

remain available until expended: Provided, That, for fiscal year 

2010 up to $400,000 of the payments authorized by the Act of 

October 20, 1976, as amended (31 U.S.C. 6901–6907) may be 

retained for administrative expenses of the Payments in Lieu of 

Taxes Program: Provided further, That no payment shall be made 

pursuant to that Act to otherwise eligible units of local government 

if the computed amount of the payment is less than $100: Provided 

further, That for fiscal years 2008 through 2012 the Secretary 

may reduce the payment authorized by 31 U.S.C. 6901–6907, as 

amended, for an individual county by the amount necessary to 

correct prior year overpayments to that county: Provided further, 

That for fiscal years 2008 through 2012 the amount needed to 

correct a prior year underpayment to an individual county shall 

be paid from any reductions for overpayments to other counties 

and the amount necessary to cover any remaining underpayment 

is hereby appropriated and shall be paid to individual counties 

using current fiscal year funds. 

INSULAR AFFAIRS

ASSISTANCE TO TERRITORIES

For expenses necessary for assistance to territories under the 

jurisdiction of the Department of the Interior, $85,195,000, of which: 

(1) $75,915,000 shall remain available until expended for technical 

assistance, including maintenance assistance, disaster assistance, 

insular management controls, coral reef initiative activities, and 

brown tree snake control and research; grants to the judiciary 

in American Samoa for compensation and expenses, as authorized 

by law (48 U.S.C. 1661(c)); grants to the Government of American 

Samoa, in addition to current local revenues, for construction and 

support of governmental functions; grants to the Government of 

the Virgin Islands as authorized by law; grants to the Government 

of Guam, as authorized by law; and grants to the Government 

of the Northern Mariana Islands as authorized by law (Public 

Law 94–241; 90 Stat. 272); and (2) $9,280,000 shall be available 

until September 30, 2011 for salaries and expenses of the Office 

of Insular Affairs: Provided, That all financial transactions of the 

territorial and local governments herein provided for, including 

such transactions of all agencies or instrumentalities established 

or used by such governments, may be audited by the Government 

Accountability Office, at its discretion, in accordance with chapter 

35 of title 31, United States Code: Provided further, That Northern 

Mariana Islands Covenant grant funding shall be provided 

according to those terms of the Agreement of the Special Representatives on Future United States Financial Assistance for the 

Northern Mariana Islands approved by Public Law 104–134: Provided further, That of the amounts provided for technical assistance, 

sufficient funds shall be made available for a grant to the Pacific 

Basin Development Council: Provided further, That of the amounts 

provided for technical assistance, sufficient funding shall be made Close Up 

Foundation. 

Grants. 

Pacific Basin 

Development 

Council. 

48 USC 1469b. 


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PUBLIC LAW 111–88—OCT. 30, 2009 123 STAT. 2921 

available for a grant to the Close Up Foundation: Provided further, 

That the funds for the program of operations and maintenance 

improvement are appropriated to institutionalize routine operations 

and maintenance improvement of capital infrastructure with territorial participation and cost sharing to be determined by the Secretary based on the grantee’s commitment to timely maintenance 

of its capital assets: Provided further, That any appropriation for 

disaster assistance under this heading in this Act or previous appropriations Acts may be used as non-Federal matching funds for 

the purpose of hazard mitigation grants provided pursuant to section 404 of the Robert T. Stafford Disaster Relief and Emergency 

Assistance Act (42 U.S.C. 5170c). 

COMPACT OF FREE ASSOCIATION

For grants and necessary expenses, $5,318,000, to remain available until expended, as provided for in sections 221(a)(2), 221(b), 

and 233 of the Compact of Free Association for the Republic of 

Palau; and section 221(a)(2) of the Compacts of Free Association 

for the Government of the Republic of the Marshall Islands and 

the Federated States of Micronesia, as authorized by Public Law 

99–658 and Public Law 108–188. 

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS)

At the request of the Governor of Guam, the Secretary may 

transfer discretionary funds or mandatory funds provided under 

section 104(e) of Public Law 108–188 and Public Law 104–134, 

that are allocated for Guam, to the Secretary of Agriculture for 

the subsidy cost of direct or guaranteed loans, plus not to exceed 

three percent of the amount of the subsidy transferred for the 

cost of loan administration, for the purposes authorized by the 

Rural Electrification Act of 1936 and section 306(a)(1) of the Consolidated Farm and Rural Development Act for construction and repair 

projects in Guam, and such funds shall remain available until 

expended: Provided, That such costs, including the cost of modifying 

such loans, shall be as defined in section 502 of the Congressional 

Budget Act of 1974: Provided further, That such loans or loan 

guarantees may be made without regard to the population of the 

area, credit elsewhere requirements, and restrictions on the types 

of eligible entities under the Rural Electrification Act of 1936 and 

section 306(a)(1) of the Consolidated Farm and Rural Development 

Act: Provided further, That any funds transferred to the Secretary 

of Agriculture shall be in addition to funds otherwise made available 

to make or guarantee loans under such authorities. 

OFFICE OF THE SOLICITOR

SALARIES AND EXPENSES

For necessary expenses of the Office of the Solicitor, 

$65,076,000. 


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123 STAT. 2922 PUBLIC LAW 111–88—OCT. 30, 2009 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General, 

$48,590,000. 

OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS

FEDERAL TRUST PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For the operation of trust programs for Indians by direct 

expenditure, contracts, cooperative agreements, compacts, and 

grants, $185,984,000, to remain available until expended, of which 

not to exceed $56,536,000 from this or any other Act, shall be 

available for historical accounting: Provided, That funds for trust 

management improvements and litigation support may, as needed, 

be transferred to or merged with the Bureau of Indian Affairs, 

‘‘Operation of Indian Programs’’ account; the Office of the Solicitor, 

‘‘Salaries and Expenses’’ account; and the Office of the Secretary, 

‘‘Salaries and Expenses’’ account: Provided further, That funds made 

available through contracts or grants obligated during fiscal year 

2010, as authorized by the Indian Self-Determination Act of 1975 

(25 U.S.C. 450 et seq.), shall remain available until expended by 

the contractor or grantee: Provided further, That, notwithstanding 

any other provision of law, the statute of limitations shall not 

commence to run on any claim, including any claim in litigation 

pending on the date of the enactment of this Act, concerning losses 

to or mismanagement of trust funds, until the affected tribe or 

individual Indian has been furnished with an accounting of such 

funds from which the beneficiary can determine whether there 

has been a loss: Provided further, That, notwithstanding any other 

provision of law, the Secretary shall not be required to provide 

a quarterly statement of performance for any Indian trust account 

that has not had activity for at least 18 months and has a balance 

of $15.00 or less: Provided further, That the Secretary shall issue 

an annual account statement and maintain a record of any such 

accounts and shall permit the balance in each such account to 

be withdrawn upon the express written request of the account 

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

for the Secretary to make payments to correct administrative errors 

of either disbursements from or deposits to Individual Indian Money 

or Tribal accounts after September 30, 2002: Provided further, 

That erroneous payments that are recovered shall be credited to 

and remain available in this account for this purpose. 

DEPARTMENT-WIDE PROGRAMS

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses for fire preparedness, suppression operations, fire science and research, emergency rehabilitation, hazardous fuels reduction, and rural fire assistance by the Department 

of the Interior, $794,897,000, to remain available until expended, 

Deadline. 

Account 

statement. 

Records. 


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PUBLIC LAW 111–88—OCT. 30, 2009 123 STAT. 2923 

of which not to exceed $6,137,000 shall be for the renovation or 

construction of fire facilities: Provided, That such funds are also 

available for repayment of advances to other appropriation accounts 

from which funds were previously transferred for such purposes: 

Provided further, That persons hired pursuant to 43 U.S.C. 1469 

may be furnished subsistence and lodging without cost from funds 

available from this appropriation: Provided further, That notwithstanding 42 U.S.C. 1856d, sums received by a bureau or office 

of the Department of the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et seq., protection of United States property, 

may be credited to the appropriation from which funds were 

expended to provide that protection, and are available without 

fiscal year limitation: Provided further, That using the amounts 

designated under this title of this Act, the Secretary of the Interior 

may enter into procurement contracts, grants, or cooperative agreements, for hazardous fuels reduction activities, and for training 

and monitoring associated with such hazardous fuels reduction 

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

activities that benefit resources on Federal land: Provided further, 

That the costs of implementing any cooperative agreement between 

the Federal Government and any non-Federal entity may be shared, 

as mutually agreed on by the affected parties: Provided further, 

That notwithstanding requirements of the Competition in Contracting Act, the Secretary, for purposes of hazardous fuels reduction activities, may obtain maximum practicable competition among: 

(1) local private, nonprofit, or cooperative entities; (2) Youth Conservation Corps crews, Public Lands Corps (Public Law 109–154), 

or related partnerships with State, local, or non-profit youth groups; 

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

or train locally a significant percentage, defined as 50 percent 

or more, of the project workforce to complete such contracts: Provided further, That in implementing this section, the Secretary 

shall develop written guidance to field units to ensure accountability 

and consistent application of the authorities provided herein: Provided further, That funds appropriated under this head may be 

used to reimburse the United States Fish and Wildlife Service 

and the National Marine Fisheries Service for the costs of carrying 

out their responsibilities under the Endangered Species Act of 1973 

(16 U.S.C. 1531 et seq.) to consult and conference, as required 

by section 7 of such Act, in connection with wildland fire management activities: Provided further, That the Secretary of the Interior 

may use wildland fire appropriations to enter into non-competitive 

sole source leases of real property with local governments, at or 

below fair market value, to construct capitalized improvements 

for fire facilities on such leased properties, including but not limited 

to fire guard stations, retardant stations, and other initial attack 

and fire support facilities, and to make advance payments for any 

such lease or for construction activity associated with the lease: 

Provided further, That the Secretary of the Interior and the Secretary of Agriculture may authorize the transfer of funds appropriated for wildland fire management, in an aggregate amount 

not to exceed $50,000,000, between the Departments when such 

transfers would facilitate and expedite jointly funded wildland fire 

management programs and projects: Provided further, That funds 

provided for wildfire suppression shall be available for support 

of Federal emergency response actions: Provided further, That no 

less than $125,000,000 in prior-year wildfire suppression balances 

Guidelines. 


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123 STAT. 2924 PUBLIC LAW 111–88—OCT. 30, 2009 

shall be made available in addition to amounts provided in this 

Act for that purpose. 

FLAME WILDFIRE SUPPRESSION RESERVE FUND

(INCLUDING TRANSFERS OF FUNDS)

For deposit in the FLAME Wildfire Suppression Reserve Fund 

created in title V, section 502(b) of this Act, $61,000,000, to remain 

available until expended. 

CENTRAL HAZARDOUS MATERIALS FUND

For necessary expenses of the Department of the Interior and 

any of its component offices and bureaus for the response action, 

including associated activities, performed pursuant to the Comprehensive Environmental Response, Compensation, and Liability 

Act, as amended (42 U.S.C. 9601 et seq.), $10,175,000, to remain 

available until expended: Provided, That Public Law 110–161 (121 

Stat. 2116) under this heading is amended by striking ‘‘in advance 

of or as reimbursement for remedial action or response activities 

conducted by the Department pursuant to section 107 or 113(f) 

of such Act’’ and inserting in lieu thereof ‘‘including any fines 

or penalties’’. 

NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION

NATURAL RESOURCE DAMAGE ASSESSMENT FUND

To conduct natural resource damage assessment and restoration activities by the Department of the Interior necessary to carry 

out the provisions of the Comprehensive Environmental Response, 

Compensation, and Liability Act, as amended (42 U.S.C. 9601 et 

seq.), the Federal Water Pollution Control Act, as amended (33 

U.S.C. 1251 et seq.), the Oil Pollution Act of 1990 (33 U.S.C. 

2701 et seq.), and Public Law 101–337, as amended (16 U.S.C. 

19jj et seq.), $6,462,000, to remain available until expended. 

WORKING CAPITAL FUND

For the acquisition of a departmental financial and business 

management system and information technology improvements of 

general benefit to the Department, $85,823,000, to remain available 

until expended: Provided, That none of the funds in this Act or 

previous appropriations Acts may be used to establish reserves 

in the Working Capital Fund account other than for accrued annual 

leave and depreciation of equipment without prior approval of the 

House and Senate Committees on Appropriations: Provided further, 

That the Secretary may assess reasonable charges to State, local 

and tribal government employees for training services provided 

by the National Indian Program Training Center, other than 

training related to Public Law 93–638: Provided further, That the 

Secretary may lease or otherwise provide space and related facilities, equipment or professional services of the National Indian 

Program Training Center to State, local and tribal government 

employees or persons or organizations engaged in cultural, educational, or recreational activities (as defined in 40 U.S.C. 3306(a)) 

at the prevailing rate for similar space, facilities, equipment, or 

42 USC 9607 

note. 


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PUBLIC LAW 111–88—OCT. 30, 2009 123 STAT. 2925 

services in the vicinity of the National Indian Program Training 

Center: Provided further, That all funds received pursuant to the 

two preceding provisos shall be credited to this account, shall be 

available until expended, and shall be used by the Secretary for 

necessary expenses of the National Indian Program Training 

Center. 

ADMINISTRATIVE PROVISION

There is hereby authorized for acquisition from available 

resources within the Working Capital Fund, 15 aircraft, 10 of which 

shall be for replacement and which may be obtained by donation, 

purchase or through available excess surplus property: Provided, 

That existing aircraft being replaced may be sold, with proceeds 

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

the replacement aircraft. 

GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

(INCLUDING TRANSFERS OF FUNDS)

EMERGENCY TRANSFER AUTHORITY—INTRA-BUREAU

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

for expenditure or transfer (within each bureau or office), with 

the approval of the Secretary, for the emergency reconstruction, 

replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or 

other unavoidable causes: Provided, That no funds shall be made 

available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have 

been exhausted: Provided further, That all funds used pursuant 

to this section must be replenished by a supplemental appropriation 

which must be requested as promptly as possible. 

EMERGENCY TRANSFER AUTHORITY—DEPARTMENT-WIDE

SEC. 102. The Secretary may authorize the expenditure or 

transfer of any no year appropriation in this title, in addition 

to the amounts included in the budget programs of the several 

agencies, for the suppression or emergency prevention of wildland 

fires on or threatening lands under the jurisdiction of the Department of the Interior; for the emergency rehabilitation of burnedover lands under its jurisdiction; for emergency actions related 

to potential or actual earthquakes, floods, volcanoes, storms, or 

other unavoidable causes; for contingency planning subsequent to 

actual oil spills; for response and natural resource damage assessment activities related to actual oil spills; for the prevention, 

suppression, and control of actual or potential grasshopper and 

Mormon cricket outbreaks on lands under the jurisdiction of the 

Secretary, pursuant to the authority in section 1773(b) of Public 

Law 99–198 (99 Stat. 1658); for emergency reclamation projects 

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

any no year funds available to the Office of Surface Mining Reclamation and Enforcement, such funds as may be necessary to permit 

assumption of regulatory authority in the event a primacy State 

is not carrying out the regulatory provisions of the Surface Mining 

Act: Provided, That appropriations made in this title for wildland 


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123 STAT. 2926 PUBLIC LAW 111–88—OCT. 30, 2009 

fire operations shall be available for the payment of obligations 

incurred during the preceding fiscal year, and for reimbursement 

to other Federal agencies for destruction of vehicles, aircraft, or 

other equipment in connection with their use for wildland fire 

operations, such reimbursement to be credited to appropriations 

currently available at the time of receipt thereof: Provided further, 

That for wildland fire operations, no funds shall be made available 

under this authority until the Secretary determines that funds 

appropriated for ‘‘wildland fire operations’’ and ‘‘FLAME Wildfire 

Suppression Reserve Fund’’ shall be exhausted within 30 days: 

Provided further, That all funds used pursuant to this section 

must be replenished by a supplemental appropriation which must 

be requested as promptly as possible: Provided further, That such 

replenishment funds shall be used to reimburse, on a pro rata 

basis, accounts from which emergency funds were transferred. 

AUTHORIZED USE OF FUNDS

SEC. 103. Appropriations made to the Department of the 

Interior in this title shall be available for services as authorized 

by 5 U.S.C. 3109, when authorized by the Secretary, in total amount 

not to exceed $500,000; purchase and replacement of motor vehicles, 

including specially equipped law enforcement vehicles; hire, maintenance, and operation of aircraft; hire of passenger motor vehicles; 

purchase of reprints; payment for telephone service in private residences in the field, when authorized under regulations approved 

by the Secretary; and the payment of dues, when authorized by 

the Secretary, for library membership in societies or associations 

which issue publications to members only or at a price to members 

lower than to subscribers who are not members. 

AUTHORIZED USE OF FUNDS

SEC. 104. Appropriations made in this Act under the headings 

Bureau of Indian Affairs and Office of the Special Trustee for 

American Indians and any unobligated balances from prior appropriations Acts made under the same headings shall be available 

for expenditure or transfer for Indian trust management and reform 

activities. Total funding for historical accounting activities shall 

not exceed amounts specifically designated in this Act for such 

purpose. 

REDISTRIBUTION OF FUNDS

SEC. 105. Notwithstanding any other provision of law, the 

Secretary of the Interior is authorized to redistribute any Tribal 

Priority Allocation funds, including tribal base funds, to alleviate 

tribal funding inequities by transferring funds to address identified, 

unmet needs, dual enrollment, overlapping service areas or inaccurate distribution methodologies. No tribe shall receive a reduction 

in Tribal Priority Allocation funds of more than 10 percent in 

fiscal year 2010. Under circumstances of dual enrollment, overlapping service areas or inaccurate distribution methodologies, the 

10 percent limitation does not apply. 

Determination. 


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PUBLIC LAW 111–88—OCT. 30, 2009 123 STAT. 2927 

TWIN CITIES RESEARCH CENTER

SEC. 106. Notwithstanding any other provision of law, in conveying the Twin Cities Research Center under the authority provided by Public Law 104–134, as amended by Public Law 104– 

208, the Secretary may accept and retain land and other forms 

of reimbursement: Provided, That the Secretary may retain and 

use any such reimbursement until expended and without further 

appropriation: (1) for the benefit of the National Wildlife Refuge 

System within the State of Minnesota; and (2) for all activities 

authorized by 16 U.S.C. 460zz. 

PAYMENT OF FEES

SEC. 107. The Secretary of the Interior may use discretionary 

funds to pay private attorney fees and costs for employees and 

former employees of the Department of the Interior reasonably 

incurred in connection with Cobell v. Salazar to the extent that 

such fees and costs are not paid by the Department of Justice 

or by private insurance. In no case shall the Secretary make payments under this section that would result in payment of hourly 

fees in excess of the highest hourly rate approved by the District 

Court for the District of Columbia for counsel in Cobell v. Salazar. 

MASS MARKING OF SALMONIDS

SEC. 108. The United States Fish and Wildlife Service shall, 

in carrying out its responsibilities to protect threatened and endangered species of salmon, implement a system of mass marking 

of salmonid stocks, intended for harvest, that are released from 

federally operated or federally financed hatcheries including but 

not limited to fish releases of coho, chinook, and steelhead species. 

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

by commercial and recreational fishers. 

ELLIS, GOVERNORS, AND LIBERTY ISLANDS

SEC. 109. Notwithstanding any other provision of law, the 

Secretary of the Interior is authorized to acquire lands, waters, 

or interests therein including the use of all or part of any pier, 

dock, or landing within the State of New York and the State 

of New Jersey, for the purpose of operating and maintaining facilities in the support of transportation and accommodation of visitors 

to Ellis, Governors, and Liberty Islands, and of other program 

and administrative activities, by donation or with appropriated 

funds, including franchise fees (and other monetary consideration), 

or by exchange; and the Secretary is authorized to negotiate and 

enter into leases, subleases, concession contracts or other agreements for the use of such facilities on such terms and conditions 

as the Secretary may determine reasonable. 

PROHIBITION ON USE OF FUNDS

SEC. 110. (a) Any proposed new use of the Arizona & California 

Railroad Company’s Right of Way for conveyance of water shall 

not proceed unless the Secretary of the Interior certifies that the 

proposed new use is within the scope of the Right of Way. 

Certification. 

New York. 

New Jersey. 

Contracts. 


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123 STAT. 2928 PUBLIC LAW 111–88—OCT. 30, 2009 

(b) No funds appropriated or otherwise made available to the 

Department of the Interior may be used, in relation to any proposal 

to store water underground for the purpose of export, for approval 

of any right-of-way or similar authorization on the Mojave National 

Preserve or lands managed by the Needles Field Office of the 

Bureau of Land Management, or for carrying out any activities 

associated with such right-of-way or similar approval. 

CONTRIBUTION AUTHORITY

SEC. 111. Title 43 U.S.C. 1473, as amended by Public Law 

111–8, is further amended by striking ‘‘in fiscal years 2008 and 

2009 only’’ and inserting ‘‘in fiscal years 2010 through 2013’’. 

USE OF COOPERATIVE AGREEMENTS

SEC. 112. For fiscal year 2010, and each fiscal year thereafter, 

the Secretary of the Interior may enter into cooperative agreements 

with a State or political subdivision (including any agency thereof), 

or any not-for-profit organization if the agreement will: (1) serve 

a mutual interest of the parties to the agreement in carrying 

out the programs administered by the Department of the Interior; 

and (2) all parties will contribute resources to the accomplishment 

of these objectives. At the discretion of the Secretary, such agreements shall not be subject to a competitive process. 

ICE AGE NATIONAL SCENIC TRAIL

SEC. 113. Funds provided in this Act for Federal land acquisition by the National Park Service for Ice Age National Scenic 

Trail may be used for a grant to a State, a local government, 

or any other land management entity for the acquisition of lands 

without regard to any restriction on the use of Federal land acquisition funds provided through the Land and Water Conservation 

Fund Act of 1965 as amended. 

CONFORMING AMENDMENT

SEC. 114. Notwithstanding any other provision of law, Sections 

109 and 110 of the Federal Oil and Gas Royalty Management 

Act (30 U.S.C. 1719 and 1720) shall, for fiscal year 2010 and 

each fiscal year thereafter, apply to any lease authorizing exploration for or development of coal, any other solid mineral, or any 

geothermal resource on any Federal or Indian lands and any lease, 

easement, right of way, or other agreement, regardless of form, 

for use of the Outer Continental Shelf or any of its resources 

under sections 8(k) or 8(p) of the Outer Continental Shelf Lands 

Act (43 U.S.C. 1337(k) and 1337(p)) to the same extent as if such 

lease, easement, right of way, or other agreement, regardless of 

form, were an oil and gas lease, except that in such cases the 

term ‘‘royalty payment’’ shall include any payment required by 

such lease, easement, right of way or other agreement, regardless 

of form, or by applicable regulation. 

OUTER CONTINENTAL SHELF INSPECTION FEES

SEC. 115. (a) In fiscal year 2010, the Minerals Management 

Service (MMS) shall collect a non-refundable inspection fee, which 

Applicability. 

Contracts. 

30 USC 1720a. 

43 USC 1457b. 


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PUBLIC LAW 111–88—OCT. 30, 2009 123 STAT. 2929 

shall be deposited in the ‘‘Royalty and Offshore Minerals Management’’ account, from the designated operator for facilities subject 

to inspection by MMS under 43 U.S.C. 1348(c) that are above 

the waterline, except mobile offshore drilling units, and are in 

place at the start of fiscal year 2010. 

(b) Fees for 2010 shall be: 

(1) $2,000 for facilities with no wells, but with processing 

equipment or gathering lines; 

(2) $3,250 for facilities with one to ten wells, with any 

combination of active or inactive wells; and 

(3) $6,000 for facilities with more than ten wells, with 

any combination of active or inactive wells. 

(c) MMS will bill designated operators within 60 days of enactment of this Act, with payment required within 30 days of billing. 

PROHIBITION ON USE OF FUNDS, POINT REYES NATIONAL SEASHORE

SEC. 116. None of the funds in this Act may be used to further 

reduce the number of Axis or Fallow deer at Point Reyes National 

Seashore below the number as of the date of enactment of this 

Act. 

YOSEMITE NATIONAL PARK AUTHORIZED PAYMENTS, AMENDMENT

SEC. 117. Section 101(a)(1) of Public Law 109–131 is amended 

by striking ‘‘2009’’ and inserting ‘‘2013’’. 

SAN JUAN ISLAND NATIONAL HISTORIC PARK AUTHORIZATION

SEC. 118. Section 4 of Public Law 89–565, as amended (16 

U.S.C. 282c), relating to San Juan Island National Historic Park, 

is amended by striking ‘‘$5,575,000’’ and inserting ‘‘$13,575,000’’. 

JAPANESE AMERICAN CONFINEMENT SITES, AMENDMENT

SEC. 119. Section 1(c)(2) of Public Law 109–441 is amended 

by adding after subparagraph (D) the following new subparagraph: 

‘‘(E) Heart Mountain, depicted in Figure 6.3 of the 

Site Document.’’. 

NORTHERN PLAINS HERITAGE AREA, AMENDMENT

SEC. 120. Section 8004 of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1240) is amended— 

(1) by redesignating subsections (g) through (i) as subsections (h) through (j), respectively; 

(2) in subsection (h)(1) (as redesignated by paragraph (1)), 

in the matter preceding subparagraph (A), by striking ‘‘subsection (i)’’ and inserting ‘‘subsection (j)’’; and 

(3) by inserting after subsection (f) the following: 

‘‘(g) REQUIREMENTS FOR INCLUSION AND REMOVAL OF PROPERTY

IN HERITAGE AREA.— 

‘‘(1) PRIVATE PROPERTY INCLUSION.—No privately owned 

property shall be included in the Heritage Area unless the 

owner of the private property provides to the management 

entity a written request for the inclusion. 

‘‘(2) PROPERTY REMOVAL.— 

16 USC 461 note. 

119 Stat. 2566. 

Deadlines. 


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123 STAT. 2930 PUBLIC LAW 111–88—OCT. 30, 2009 

‘‘(A) PRIVATE PROPERTY.—At the request of an owner 

of private property included in the Heritage Area pursuant 

to paragraph (1), the private property shall be immediately 

withdrawn from the Heritage Area if the owner of the 

property provides to the management entity a written 

notice requesting removal. 

‘‘(B) PUBLIC PROPERTY.—On written notice from the 

appropriate State or local government entity, public property included in the Heritage Area shall be immediately 

withdrawn from the Heritage Area.’’. 

PEARL HARBOR NAVAL COMPLEX, JOINT TICKETING

SEC. 121. (a) DEFINITIONS.—In this section: 

(1) HISTORIC ATTRACTION.—The term ‘‘historic attraction’’ 

mean a historic attraction within the Pearl Harbor Naval Complex, including— 

(A) the USS Bowfin Submarine Museum and Park; 

(B) the Battleship Missouri Memorial; 

(C) the Pacific Aviation Museum-Pearl Harbor; and 

(D) any other historic attraction within the Pearl 

Harbor Naval Complex that— 

(i) the Secretary identifies as a Pearl Harbor historic attraction; and 

(ii) is not administered or managed by the Secretary. 

(2) MONUMENT.—The term ‘‘Monument’’ means the Word 

War II Valor in the Pacific National Monument in the State 

of Hawaii. 

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

(4) VISITOR CENTER.—The term ‘‘Visitor Center’’ means the 

visitor center located within the Pearl Harbor Naval Complex 

on land that is— 

(A) within the Monument; and 

(B) managed by the Secretary, acting through the 

Director of the National Park Service. 

(b) FACILITATION OF ADMISSION TO HISTORIC ATTRACTIONS

WITHIN PEARL HARBOR NAVAL COMPLEX.— 

(1) IN GENERAL.—In managing the Monument, the Secretary may enter into an agreement with any organization 

that is authorized to administer or manage a historic attraction— 

(A) to allow visitors to the historic attraction to gain 

access to the historic attraction by passing through security 

screening at the Visitor Center; and 

(B) to allow the sale of tickets to a historic attraction 

within the Visitor Center by— 

(i) employees of the National Park Service; or 

(ii) the organization that administers or manages 

the historic attraction. 

(2) TERMS AND CONDITIONS.—In any agreement entered 

into under paragraph (1), the Secretary— 

(A) shall require the organization administering or 

managing the historic attraction to pay to the Secretary 

a reasonable fee to recover administrative costs of the 

Notice. 


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PUBLIC LAW 111–88—OCT. 30, 2009 123 STAT. 2931 

Secretary associated with the use of the Visitor Center 

for public access and ticket sales; 

(B) shall ensure that the liability of the United States 

is limited with respect to any liability arising from— 

(i) the admission of the public through the Visitor 

Center to a historic attraction; and 

(ii) the sale or issuance of any tickets to the historic 

attraction; and 

(C) may include any other terms and conditions that 

the Secretary determines to be appropriate. 

(3) USE OF FEES.—The proceeds of any amounts collected 

as fees under paragraph (2)(A) shall remain available, without 

further appropriation, for use by the Secretary for the Monument. 

(4) LIMITATION OF AUTHORITY.—Nothing in this section 

authorizes the Secretary— 

(A) to regulate or approve the rates for admission 

to a historic attraction; 

(B) to regulate or manage any visitor services within 

the Pearl Harbor Naval Complex (other than the services 

managed by the National Park Service as part of the Monument); or 

(C) to charge an entrance fee for admission to the 

Monument. 

(5) PROTECTION OF RESOURCES.—Nothing in this section 

authorizes the Secretary or any organization that administers 

or manages a historic attraction to take any action in derogation 

of the preservation and protection of the values and resources 

of the Monument. 

ASSISTANCE FOR THE REPUBLIC OF PALAU

SEC. 122. (a) IN GENERAL.—Subject to subsection (c), the United 

States Government, through the Secretary of the Interior shall 

provide to the Government of Palau for fiscal year 2010 grants 

in amounts equal to the annual amounts specified in subsections 

(a), (c), and (d) of section 211 of the Compact of Free Association 

between the Government of the United States of America and 

the Government of Palau (48 U.S.C. 1931 note) (referred to in 

this section as the ‘‘Compact’’). 

(b) PROGRAMMATIC ASSISTANCE.—Subject to subsection (c), the 

United States shall provide programmatic assistance to the Republic 

of Palau for fiscal year 2010 in amounts equal to the amounts 

provided in subsections (a) and (b)(1) of section 221 of the Compact. 

(c) LIMITATIONS ON ASSISTANCE.— 

(1) IN GENERAL.—The grants and programmatic assistance 

provided under subsections (a) and (b) shall be provided to 

the same extent and in the same manner as the grants and 

assistance were provided in fiscal year 2009. 

(2) TRUST FUND.—If the Government of Palau withdraws 

more than $5,000,000 from the trust fund established under 

section 211(f) of the Compact, amounts to be provided under 

subsections (a) and (b) shall be withheld from the Government 

of Palau. 

Grants. 


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123 STAT. 2932 PUBLIC LAW 111–88—OCT. 30, 2009 

GOLDEN GATE NATIONAL RECREATION AREA, FORT BAKER

AMENDMENT

SEC. 123. Section 120 of title I of H.R. 3423 (Appendix C) 

as enacted into law by section 1000(a)(3) of division B of Public 

Law 106–113 is amended by striking the last sentence. 

POINT REYES NATIONAL SEASHORE, EXTENSION OF PERMIT

SEC. 124. Prior to the expiration on November 30, 2012 of 

the Drake’s Bay Oyster Company’s Reservation of Use and Occupancy and associated special use permit (‘‘existing authorization’’) 

within Drake’s Estero at Point Reyes National Seashore, notwithstanding any other provision of law, the Secretary of the Interior 

is authorized to issue a special use permit with the same terms 

and conditions as the existing authorization, except as provided 

herein, for a period of 10 years from November 30, 2012: Provided, That such extended authorization is subject to annual payments 

to the United States based on the fair market value of the use 

of the Federal property for the duration of such renewal. The 

Secretary shall take into consideration recommendations of the 

National Academy of Sciences Report pertaining to shellfish 

mariculture in Point Reyes National Seashore before modifying 

any terms and conditions of the extended authorization. Nothing 

in this section shall be construed to have any application to any 

location other than Point Reyes National Seashore; nor shall anything in this section be cited as precedent for management of 

any potential wilderness outside the Seashore. 

NATIONAL PARK SYSTEM, SPECIAL RESOURCE STUDY

SEC. 125. (a) IN GENERAL.—The Secretary of the Interior 

(referred to in this section as the ‘‘Secretary’’) shall conduct a 

special resource study of the national significance, suitability, and 

feasibility of including the Honouliuli Gulch and associated sites 

within the State of Hawaii in the National Park System. 

(b) GUIDELINES.—In conducting the study, the Secretary shall 

use the criteria for the study of areas for potential inclusion in 

the National Park System described in section 8 of Public Law 

91–383 (16 U.S.C. 1a–5). 

(c) CONSULTATION.—In conducting the study, the Secretary 

shall consult with— 

(1) the State of Hawaii; 

(2) appropriate Federal agencies; 

(3) Native Hawaiian and local government entities; 

(4) private and nonprofit organizations; 

(5) private land owners; and 

(6) other interested parties. 

(d) THEMES.—The study shall evaluate the Honouliuli Gulch, 

associated sites located on Oahu, and other islands located in the 

State of Hawaii with respect to— 

(1) the significance of the site as a component of World 

War II; 

(2) the significance of the site as the site related to the 

forcible internment of Japanese Americans, European Americans, and other individuals; and 

(3) historic resources at the site. 

Deadline. 

Payments. 

Time period. 

16 USC 460bb–3 

note. 


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PUBLIC LAW 111–88—OCT. 30, 2009 123 STAT. 2933 

(e) REPORT.—Not later than 2 years after the date of enactment 

of this Act, the Secretary shall submit to the Committee on Natural 

Resources of the House of Representatives and the Committee on 

Energy and Natural Resources of the Senate a report describing 

the findings, conclusions, and recommendations of the study 

required under this section. 

CONTROL OF BORDER

SEC. 126. None of the funds made available by this Act may 

be used to impede, prohibit, or restrict activities of the Secretary 

of Homeland Security on public lands to achieve operational control 

(as defined in section 2(b) of the Secure Fence Act of 2006 (8 

U.S.C. 1701 note; Public Law 109–367) over the international land 

and maritime borders of the United States with respect to section 

102(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note). 

NATIONAL HERITAGE AREA, OPT OUT PROVISION

SEC. 127. Any owner of private property within an existing 

or new National Heritage Area may opt out of participating in 

any plan, project, program, or activity conducted within the National 

Heritage Area if the property owner provides written notice to 

the local coordinating entity. 

PLACEMENT OF PLAQUE AT WORLD WAR II MEMORIAL

SEC. 128. Notwithstanding any other law, the Secretary of 

the Interior shall install in the area of the World War II Memorial 

in the District of Columbia a suitable plaque to commemorate 

the extraordinary leadership of Senator Robert J. Dole in making 

the Memorial a reality on the National Mall: Provided, That the 

Secretary shall design, procure, prepare and install the plaque: 

Provided further, That the Secretary of the Interior is authorized 

to accept and expend contributions toward the cost of preparing 

and installing the plaque, without further appropriation: Provided 

further, That Federal funds may be used to design, procure, or 

install the plaque. 

MARTIN LUTHER KING, JR. MEMORIAL AUTHORITY, EXTENSION

SEC. 129. Section 508(b)(2) of the Omnibus Parks and Public 

Lands Management Act of 1996, as amended (40 U.S.C. 8903 note; 

110 Stat. 4157, 114 Stat. 26, 117 Stat. 1347, 119 Stat. 527, 122 

Stat. 5034) shall be amended by striking ‘‘November 12, 2009’’ 

and inserting ‘‘September 30, 2010’’. 

JOHN ADAMS MEMORIAL AUTHORITY, EXTENSION

SEC. 130. Notwithstanding section 8903(e) of title 40, United 

States Code, the authority provided by Public Law 107–62 and 

Public Law 107–315 shall continue to apply through September 

30, 2010. 

Applicability. 

Notice. 


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123 STAT. 2934 PUBLIC LAW 111–88—OCT. 30, 2009 

TITLE II 

ENVIRONMENTAL PROTECTION AGENCY 

SCIENCE AND TECHNOLOGY

For science and technology, including research and development 

activities, which shall include research and development activities 

under the Comprehensive Environmental Response, Compensation, 

and Liability Act of 1980, as amended; necessary expenses for 

personnel and related costs and travel expenses; procurement of 

laboratory equipment and supplies; and other operating expenses 

in support of research and development, $846,049,000, to remain 

available until September 30, 2011. 

ENVIRONMENTAL PROGRAMS AND MANAGEMENT

For environmental programs and management, including necessary expenses, not otherwise provided for, for personnel and 

related costs and travel expenses; hire of passenger motor vehicles; 

hire, maintenance, and operation of aircraft; purchase of reprints; 

library memberships in societies or associations which issue publications to members only or at a price to members lower than to 

subscribers who are not members; administrative costs of the 

brownfields program under the Small Business Liability Relief and 

Brownfields Revitalization Act of 2002; and not to exceed $9,000 

for official reception and representation expenses, $2,993,779,000, 

to remain available until September 30, 2011: Provided, That of 

the funds included under this heading, not less than $608,441,000 

shall be for the Geographic Programs specified in the explanatory 

statement accompanying this Act. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, 

as amended, $44,791,000, to remain available until September 30, 

2011. 

BUILDINGS AND FACILITIES

For construction, repair, improvement, extension, alteration, 

and purchase of fixed equipment or facilities of, or for use by, 

the Environmental Protection Agency, $37,001,000, to remain available until expended, of which up to $500,000 shall be made available 

for preliminary planning and design of a high-performance green 

building to consolidate the multiple offices and research facilities 

of the Environmental Protection Agency in Las Vegas, Nevada. 

HAZARDOUS SUBSTANCE SUPERFUND

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses to carry out the Comprehensive 

Environmental Response, Compensation, and Liability Act of 1980 

(CERCLA), as amended, including sections 111(c)(3), (c)(5), (c)(6), 

and (e)(4) (42 U.S.C. 9611) $1,306,541,000, to remain available 

until expended, consisting of such sums as are available in the 


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PUBLIC LAW 111–88—OCT. 30, 2009 123 STAT. 2935 

Trust Fund on September 30, 2009, as authorized by section 517(a) 

of the Superfund Amendments and Reauthorization Act of 1986 

(SARA) and up to $1,306,541,000 as a payment from general revenues to the Hazardous Substance Superfund for purposes as authorized by section 517(b) of SARA, as amended: Provided, That funds 

appropriated under this heading may be allocated to other Federal 

agencies in accordance with section 111(a) of CERCLA: Provided 

further, That of the funds appropriated under this heading, $9,975,000 shall be paid to the ‘‘Office of Inspector General’’ appropriation to remain available until September 30, 2011, and 

$26,834,000 shall be paid to the ‘‘Science and Technology’’ appropriation to remain available until September 30, 2011. 

LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM

For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by subtitle I of the Solid 

Waste Disposal Act, as amended, $113,101,000, to remain available 

until expended, of which $78,671,000 shall be for carrying out 

leaking underground storage tank cleanup activities authorized by 

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

$34,430,000 shall be for carrying out the other provisions of the 

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

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

authorized to use appropriations made available under this heading 

to implement section 9013 of the Solid Waste Disposal Act to 

provide financial assistance to federally recognized Indian tribes 

for the development and implementation of programs to manage 

underground storage tanks. 

OIL SPILL RESPONSE

For expenses necessary to carry out the Environmental Protection Agency’s responsibilities under the Oil Pollution Act of 1990, 

$18,379,000, to be derived from the Oil Spill Liability trust fund, 

to remain available until expended. 

STATE AND TRIBAL ASSISTANCE GRANTS

For environmental programs and infrastructure assistance, 

including capitalization grants for State revolving funds and 

performance partnership grants, $4,970,223,000, to remain available until expended, of which $2,100,000,000 shall be for making 

capitalization grants for the Clean Water State Revolving Funds 

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

amended (the ‘‘Act’’); of which $1,387,000,000 shall be for making 

capitalization grants for the Drinking Water State Revolving Funds 

under section 1452 of the Safe Drinking Water Act, as amended: 

Provided, That for fiscal year 2010, to the extent there are sufficient 

eligible project applications, not less than 20 percent of the funds 

made available under this title to each State for Clean Water 

State Revolving Fund capitalization grants and not less than 20 

percent of the funds made available under this title to each State 

for Drinking Water State Revolving Fund capitalization grants shall 

be used by the State for projects to address green infrastructure, 

water or energy efficiency improvements, or other environmentally 

innovative activities; $17,000,000 shall be for architectural, 

engineering, planning, design, construction and related activities 

Native 

Americans. 


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123 STAT. 2936 PUBLIC LAW 111–88—OCT. 30, 2009 

in connection with the construction of high priority water and 

wastewater facilities in the area of the United States-Mexico Border, 

after consultation with the appropriate border commission; 

$13,000,000 shall be for grants to the State of Alaska to address 

drinking water and wastewater infrastructure needs of rural and 

Alaska Native Villages: Provided further, That, of these funds: 

(1) the State of Alaska shall provide a match of 25 percent; (2) 

no more than 5 percent of the funds may be used for administrative 

and overhead expenses; and (3) the State of Alaska shall make 

awards consistent with the State-wide priority list established in 

conjunction with the Agency and the U.S. Department of Agriculture 

for all water, sewer, waste disposal, and similar projects carried 

out by the State of Alaska that are funded under section 221 

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

the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 

et seq.) which shall allocate not less than 25 percent of the funds 

provided for projects in regional hub communities; $156,777,000 

shall be for making special project grants and technical corrections 

to prior-year grants for the construction of drinking water, wastewater and storm water infrastructure and for water quality protection in accordance with the terms and conditions specified for such 

grants in the joint explanatory statement of the managers accompanying this Act, and, for purposes of these grants, each grantee 

shall contribute not less than 45 percent of the cost of the project 

unless the grantee is approved for a waiver by the Agency; 

$100,000,000 shall be to carry out section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 

1980 (CERCLA), as amended, including grants, interagency agreements, and associated program support costs; $60,000,000 shall 

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

Act of 2005, as amended; $20,000,000 shall be for targeted airshed 

grants in accordance with the terms and conditions of the joint 

explanatory statement of the managers accompanying this Act; 

and $1,116,446,000 shall be for grants, including associated program 

support costs, to States, federally recognized tribes, interstate agencies, tribal consortia, and air pollution control agencies for multimedia or single media pollution prevention, control and abatement 

and related activities, including activities pursuant to the provisions 

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

grants under section 103 of the Clean Air Act for particulate matter 

monitoring and data collection activities subject to terms and conditions specified by the Administrator, of which $49,495,000 shall 

be for carrying out section 128 of CERCLA, as amended, $10,000,000 

shall be for Environmental Information Exchange Network grants, 

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

funds available for grants under section 106 of the Act shall be 

for water quality monitoring activities, $10,000,000 shall be for 

competitive grants to communities to develop plans and demonstrate and implement projects which reduce greenhouse gas emissions and, in addition to funds appropriated under the heading 

‘‘Leaking Underground Storage Tank Trust Fund Program’’ to carry 

out the provisions of the Solid Waste Disposal Act specified in 

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

9003(h) of the Solid Waste Disposal Act, as amended, $2,500,000 

shall be for grants to States under section 2007(f)(2) of the Solid 

Waste Disposal Act, as amended: Provided further, That notwithstanding section 603(d)(7) of the Federal Water Pollution Control 

Alaska. 


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PUBLIC LAW 111–88—OCT. 30, 2009 123 STAT. 2937 

Act, the limitation on the amounts in a State water pollution 

control revolving fund that may be used by a State to administer 

the fund shall not apply to amounts included as principal in loans 

made by such fund in fiscal year 2010 and prior years where 

such amounts represent costs of administering the fund to the 

extent that such amounts are or were deemed reasonable by the 

Administrator, accounted for separately from other assets in the 

fund, and used for eligible purposes of the fund, including administration: Provided further, That for fiscal year 2010, and notwithstanding section 518(f) of the Act, the Administrator is authorized 

to use the amounts appropriated for any fiscal year under section 

319 of that Act to make grants to federally recognized Indian 

tribes pursuant to sections 319(h) and 518(e) of that Act: Provided 

further, That for fiscal year 2010, notwithstanding the limitation 

on amounts in section 518(c) of the Federal Water Pollution Control 

Act and section 1452(i) of the Safe Drinking Water Act, up to 

a total of 2 percent of the funds appropriated for State Revolving 

Funds under such Acts may be reserved by the Administrator 

for grants under section 518(c) and section 1452(i) of such Acts: 

Provided further, That for fiscal year 2010, in addition to the 

amounts specified in section 205(c) of the Federal Water Pollution 

Control Act, up to 1.2486 percent of the funds appropriated for 

the Clean Water State Revolving Fund program under the Act 

may be reserved by the Administrator for grants made under title 

II of the Clean Water Act for American Samoa, Guam, the Commonwealth of the Northern Marianas, and United States Virgin Islands: 

Provided further, That for fiscal year 2010, notwithstanding the 

limitations on amounts specified in section 1452(j) of the Safe 

Drinking Water Act, up to 1.5 percent of the funds appropriated 

for the Drinking Water State Revolving Fund programs under the 

Safe Drinking Water Act may be reserved by the Administrator 

for grants made under section 1452(j) of the Safe Drinking Water 

Act: Provided further, That not less than 30 percent of the funds 

made available under this title to each State for Clean Water 

State Revolving Fund capitalization grants and not less than 30 

percent of the funds made available under this title to each State 

for Drinking Water State Revolving Fund capitalization grants shall 

be used by the State to provide additional subsidy to eligible recipients in the form of forgiveness of principal, negative interest loans, 

or grants (or any combination of these), except that for the Clean 

Water State Revolving Fund capitalization grant appropriation this 

section shall only apply to the portion that exceeds $1,000,000,000: 

Provided further, That no funds provided by this appropriations 

Act to address the water, wastewater and other critical infrastructure needs of the colonias in the United States along the United 

States-Mexico border shall be made available to a county or municipal government unless that government has established an enforceable local ordinance, or other zoning rule, which prevents in that 

jurisdiction the development or construction of any additional 

colonia areas, or the development within an existing colonia the 

construction of any new home, business, or other structure which 

lacks water, wastewater, or other necessary infrastructure. 

Applicability. 

Native 

Americans. 


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123 STAT. 2938 PUBLIC LAW 111–88—OCT. 30, 2009 

ADMINISTRATIVE PROVISIONS, ENVIRONMENTAL PROTECTION AGENCY

(INCLUDING TRANSFER AND RESCISSION OF FUNDS)

For fiscal year 2010, notwithstanding 31 U.S.C. 6303(1) and 

6305(1), the Administrator of the Environmental Protection Agency, 

in carrying out the Agency’s function to implement directly Federal 

environmental programs required or authorized by law in the 

absence of an acceptable tribal program, may award cooperative 

agreements to federally recognized Indian tribes or Intertribal consortia, if authorized by their member Tribes, to assist the Administrator in implementing Federal environmental programs for Indian 

Tribes required or authorized by law, except that no such cooperative agreements may be awarded from funds designated for State 

financial assistance agreements. 

The Administrator of the Environmental Protection Agency is 

authorized to collect and obligate pesticide registration service fees 

in accordance with section 33 of the Federal Insecticide, Fungicide, 

and Rodenticide Act, as amended by Public Law 110–94, the Pesticide Registration Improvement Renewal Act. 

Title II of Public Law 109–54, as amended by title II of division 

E of Public Law 111–8 (123 Stat. 729), is amended in the fourth 

paragraph under the heading ‘‘Administrative Provisions’’ by 

striking ‘‘2011’’ and inserting ‘‘2015.’’ 

The Administrator is authorized to transfer up to $475,000,000 

of the funds appropriated for the Great Lakes Initiative under 

the heading ‘‘Environmental Programs and Management’’ to the 

head of any Federal department or agency, with the concurrence 

of such head, to carry out activities that would support the Great 

Lakes Restoration Initiative and Great Lakes Water Quality Agreement programs, projects, or activities; to enter into an interagency 

agreement with the head of such Federal department or agency 

to carry out these activities; and to make grants to governmental 

entities, nonprofit organizations, institutions, and individuals for 

planning, research, monitoring, outreach, and implementation in 

furtherance of the Great Lakes Restoration Initiative and the Great 

Lakes Water Quality Agreement. 

From unobligated balances to carry out projects and activities 

funded through the ‘‘State and Tribal Assistance Grants’’ and ‘‘Hazardous Substance Superfund’’ accounts, $40,000,000 are permanently rescinded: Provided, That no amounts may be rescinded 

from amounts that were designated by Congress as an emergency 

requirement pursuant to the Concurrent Resolution on the Budget 

or the Balanced Budget and Emergency Deficit Control Act of 

1985, as amended. 

Not later than 18 months after the date of enactment of this 

Act, the Administrator, in consultation with other Federal agencies, 

shall carry out and submit to Congress the results of a study 

on domestic and international black carbon emissions that shall 

include an inventory of the major sources of black carbon, an 

assessment of the impacts of black carbon on global and regional 

climate, an assessment of potential metrics and approaches for 

quantifying the climatic effects of black carbon emissions (including 

its radiative forcing and warming effects) and comparing those 

effects to the effects of carbon dioxide and other greenhouse gases, 

an identification of the most cost-effective approaches to reduce 

black carbon emissions, and an analysis of the climatic effects 

Deadline. 

Study. 

119 Stat. 531. 

Fees. 


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PUBLIC LAW 111–88—OCT. 30, 2009 123 STAT. 2939 

and other environmental and public health benefits of those 

approaches. 

For fiscal year 2010 the requirements of section 513 of the 

Federal Water Pollution Control Act (33 U.S.C. 1372) shall apply 

to the construction of treatment works carried out in whole or 

in part with assistance made available by a State water pollution 

control revolving fund as authorized by title VI of that Act (33 

U.S.C. 1381 et seq.), or with assistance made available under section 

205(m) of that Act (33 U.S.C. 1285(m)), or both. 

For fiscal year 2010 the requirements of section 1450(e) of 

the Safe Drinking Water Act (42 U.S.C. 300j–9(e)) shall apply 

to any construction project carried out in whole or in part with 

assistance made available by a drinking water treatment revolving 

loan fund as authorized by section 1452 of that Act (42 U.S.C. 

300j–12). 

TITLE III 

RELATED AGENCIES 

DEPARTMENT OF AGRICULTURE 

FOREST SERVICE

FOREST AND RANGELAND RESEARCH

For necessary expenses of forest and rangeland research as 

authorized by law, $312,012,000, to remain available until 

expended: Provided, That of the funds provided, $66,939,000 is 

for the forest inventory and analysis program. 

STATE AND PRIVATE FORESTRY

For necessary expenses of cooperating with and providing technical and financial assistance to States, territories, possessions, 

and others, and for forest health management, including treatments 

of pests, pathogens, and invasive or noxious plants and for restoring 

and rehabilitating forests damaged by pests or invasive plants, 

cooperative forestry, and education and land conservation activities 

and conducting an international program as authorized, 

$308,061,000, to remain available until expended, as authorized 

by law; of which $76,460,000 is to be derived from the Land and 

Water Conservation Fund; and of which $2,000,000 may be made 

available to the Pest and Disease Revolving Loan Fund established 

by section 10205(b) of the Food, Conservation, and Energy Act 

of 2008 (16 U.S.C. 2104a(b)). 

NATIONAL FOREST SYSTEM

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Forest Service, not otherwise 

provided for, for management, protection, improvement, and utilization of the National Forest System, $1,551,339,000, to remain available until expended, which shall include 50 percent of all moneys 

received during prior fiscal years as fees collected under the Land 

and Water Conservation Fund Act of 1965, as amended, in accordance with section 4 of the Act (16 U.S.C. 460l–6a(i)): Provided, 

Applicability. 

Applicability. 


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123 STAT. 2940 PUBLIC LAW 111–88—OCT. 30, 2009 

That, through fiscal year 2012, the Secretary may authorize the 

expenditure or transfer of up to $10,000,000 to the Department 

of the Interior, Bureau of Land Management, for removal, preparation, and adoption of excess wild horses and burros from National 

Forest System lands, and for the performance of cadastral surveys 

to designate the boundaries of such lands. 

CAPITAL IMPROVEMENT AND MAINTENANCE

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Forest Service, not otherwise 

provided for, $556,053,000, to remain available until expended, 

for construction, capital improvement, maintenance and acquisition 

of buildings and other facilities and infrastructure; and for construction, capital improvement, decommissioning, and maintenance of 

forest roads and trails by the Forest Service as authorized by 

16 U.S.C. 532–538 and 23 U.S.C. 101 and 205: Provided, That 

$90,000,000 shall be designated for urgently needed road decommissioning, road and trail repair and maintenance and associated 

activities, and removal of fish passage barriers, especially in areas 

where Forest Service roads may be contributing to water quality 

problems in streams and water bodies which support threatened, 

endangered or sensitive species or community water sources: Provided further, That funds provided herein shall be available for 

the decommissioning of roads, including unauthorized roads not 

part of the transportation system, which are no longer needed: 

Provided further, That no funds shall be expended to decommission 

any system road until notice and an opportunity for public comment 

has been provided on each decommissioning project: Provided further, That the decommissioning of unauthorized roads not part 

of the official transportation system shall be expedited in response 

to threats to public safety, water quality, or natural resources: 

Provided further, That funds becoming available in fiscal year 2010 

under the Act of March 4, 1913 (16 U.S.C. 501) shall be transferred 

to the General Fund of the Treasury and shall not be available 

for transfer or obligation for any other purpose unless the funds 

are appropriated. 

LAND ACQUISITION

For expenses necessary to carry out the provisions of the Land 

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

460l–4 through 11), including administrative expenses, and for 

acquisition of land or waters, or interest therein, in accordance 

with statutory authority applicable to the Forest Service, 

$63,522,000, to be derived from the Land and Water Conservation 

Fund and to remain available until expended. 

ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

For acquisition of lands within the exterior boundaries of the 

Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe 

National Forest, Nevada; and the Angeles, San Bernardino, Sequoia, 

and Cleveland National Forests, California, as authorized by law, 

$1,050,000, to be derived from forest receipts. 

Notice. 

Public comment. 

Roads. 


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PUBLIC LAW 111–88—OCT. 30, 2009 123 STAT. 2941 

ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

For acquisition of lands, such sums, to be derived from funds 

deposited by State, county, or municipal governments, public school 

districts, or other public school authorities, and for authorized 

expenditures from funds deposited by non-Federal parties pursuant 

to Land Sale and Exchange Acts, pursuant to the Act of December 

4, 1967, as amended (16 U.S.C. 484a), to remain available until 

expended (16 U.S.C. 460l–516–617a, 555a; Public Law 96–586; 

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

RANGE BETTERMENT FUND

For necessary expenses of range rehabilitation, protection, and 

improvement, 50 percent of all moneys received during the prior 

fiscal year, as fees for grazing domestic livestock on lands in 

National Forests in the 16 Western States, pursuant to section 

401(b)(1) of Public Law 94–579, as amended, to remain available 

until expended, of which not to exceed 6 percent shall be available 

for administrative expenses associated with on-the-ground range 

rehabilitation, protection, and improvements. 

GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND

RESEARCH

For expenses authorized by 16 U.S.C. 1643(b), $50,000, to 

remain available until expended, to be derived from the fund established pursuant to the above Act. 

MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES

For necessary expenses of the Forest Service to manage Federal 

lands in Alaska for subsistence uses under title VIII of the Alaska 

National Interest Lands Conservation Act (Public Law 96–487), 

$2,582,000, to remain available until expended. 

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses for forest fire presuppression activities 

on National Forest System lands, for emergency fire suppression 

on or adjacent to such lands or other lands under fire protection 

agreement, hazardous fuels reduction on or adjacent to such lands, 

and for emergency rehabilitation of burned-over National Forest 

System lands and water, $2,103,737,000, to remain available until 

expended: Provided, That such funds including unobligated balances 

under this heading, are available for repayment of advances from 

other appropriations accounts previously transferred for such purposes: Provided further, That such funds shall be available to 

reimburse State and other cooperating entities for services provided 

in response to wildfire and other emergencies or disasters to the 

extent such reimbursements by the Forest Service for non-fire emergencies are fully repaid by the responsible emergency management 

agency: Provided further, That, notwithstanding any other provision 

of law, $8,000,000 of funds appropriated under this appropriation 

shall be used for Fire Science Research in support of the Joint 

Fire Science Program: Provided further, That all authorities for 


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123 STAT. 2942 PUBLIC LAW 111–88—OCT. 30, 2009 

the use of funds, including the use of contracts, grants, and cooperative agreements, available to execute the Forest and Rangeland 

Research appropriation, are also available in the utilization of these 

funds for Fire Science Research: Provided further, That funds provided shall be available for emergency rehabilitation and restoration, hazardous fuels reduction activities in the urban-wildland 

interface, support to Federal emergency response, and wildfire 

suppression activities of the Forest Service: Provided further, That 

of the funds provided, $350,285,000 is for hazardous fuels reduction 

activities, $11,600,000 is for rehabilitation and restoration, 

$23,917,000 is for research activities and to make competitive 

research grants pursuant to the Forest and Rangeland Renewable 

Resources Research Act, as amended (16 U.S.C. 1641 et seq.), 

$71,250,000 is for State fire assistance, $9,000,000 is for volunteer 

fire assistance, $20,752,000 is for forest health activities on Federal 

lands and $11,428,000 is for forest health activities on State and 

private lands: Provided further, That no less than $75,000,000 

in prior-year wildfire suppression balances shall be made available 

in addition to amounts provided in this Act for that purpose: Provided further, That of the funds provided for hazardous fuels reduction, $10,000,000 shall be deposited in the Collaborative Forest 

Landscape Restoration Fund for ecological restoration treatments 

as authorized by 16 U.S.C. 7303(f): Provided further, That amounts 

in this paragraph may be transferred to the ‘‘State and Private 

Forestry’’, ‘‘National Forest System’’, and ‘‘Forest and Rangeland 

Research’’ accounts to fund State fire assistance, volunteer fire 

assistance, forest health management, forest and rangeland 

research, the Joint Fire Science Program, vegetation and watershed 

management, heritage site rehabilitation, and wildlife and fish 

habitat management and restoration: Provided further, That up 

to $15,000,000 of the funds provided under this heading for hazardous fuels treatments may be transferred to and made a part 

of the ‘‘National Forest System’’ account at the sole discretion 

of the Chief 30 days after notifying the House and the Senate 

Committees on Appropriations: Provided further, That the costs 

of implementing any cooperative agreement between the Federal 

Government and any non-Federal entity may be shared, as mutually 

agreed on by the affected parties: Provided further, That up to 

$15,000,000 of the funds provided herein may be used by the 

Secretary of Agriculture to enter into procurement contracts or 

cooperative agreements, or issue grants, for hazardous fuels reduction activities and for training and monitoring associated with 

such hazardous fuels reduction activities, on Federal land, or on 

adjacent non-Federal land for activities that benefit resources on 

Federal land: Provided further, That funds made available to implement the Community Forest Restoration Act, Public Law 106– 

393, title VI, shall be available for use on non-Federal lands in 

accordance with authorities made available to the Forest Service 

under the State and Private Forestry Appropriation: Provided further, That the Secretary of the Interior and the Secretary of Agriculture may authorize the transfer of funds appropriated for 

wildland fire management, in an aggregate amount not to exceed 

$50,000,000, between the Departments when such transfers would 

facilitate and expedite jointly funded wildland fire management 

programs and projects: Provided further, That of the funds provided 

for hazardous fuels reduction, not to exceed $5,000,000, may be 

used to make grants, using any authorities available to the Forest 

Notification. 

Transfer date. 


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PUBLIC LAW 111–88—OCT. 30, 2009 123 STAT. 2943 

Service under the State and Private Forestry appropriation, for 

the purpose of creating incentives for increased use of biomass 

from national forest lands: Provided further, That funds designated 

for wildfire suppression shall be assessed for cost pools on the 

same basis as such assessments are calculated against other agency 

programs. 

FLAME WILDFIRE SUPPRESSION RESERVE FUND

(INCLUDING TRANSFERS OF FUNDS)

For deposit in the FLAME Wildfire Suppression Reserve Fund created in title V, section 502(b) of this Act, $413,000,000, to remain 

available until expended. 

ADMINISTRATIVE PROVISIONS, FOREST SERVICE

(INCLUDING TRANSFERS OF FUNDS)

Appropriations to the Forest Service for the current fiscal year 

shall be available for: (1) purchase of passenger motor vehicles; 

acquisition of passenger motor vehicles from excess sources, and 

hire of such vehicles; purchase, lease, operation, maintenance, and 

acquisition of aircraft from excess sources to maintain the operable 

fleet for use in Forest Service wildland fire programs and other 

Forest Service programs; notwithstanding other provisions of law, 

existing aircraft being replaced may be sold, with proceeds derived 

or trade-in value used to offset the purchase price for the replacement aircraft; (2) services pursuant to 7 U.S.C. 2225, and not 

to exceed $100,000 for employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings and other public 

improvements (7 U.S.C. 2250); (4) acquisition of land, waters, and 

interests therein pursuant to 7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers in the National Forest Act of 1972 (16 U.S.C. 

558a, 558d, and 558a note); (6) the cost of uniforms as authorized 

by 5 U.S.C. 5901–5902; and (7) for debt collection contracts in 

accordance with 31 U.S.C. 3718(c). 

Any appropriations or funds available to the Forest Service 

may be transferred to the Wildland Fire Management appropriation 

for forest firefighting, emergency rehabilitation of burned-over or 

damaged lands or waters under its jurisdiction, and fire preparedness due to severe burning conditions five days after the Secretary 

notifies the House and Senate Committees on Appropriations that 

all fire suppression funds appropriated under the headings 

‘‘Wildland Fire Management’’ and ‘‘FLAME Wildfire Suppression 

Reserve Fund’’ shall be fully obligated within 30 days: Provided, 

That all funds used pursuant to this paragraph must be replenished 

by a supplemental appropriation which must be requested as 

promptly as possible. 

Funds appropriated to the Forest Service shall be available 

for assistance to or through the Agency for International Development in connection with forest and rangeland research, technical 

information, and assistance in foreign countries, and shall be available to support forestry and related natural resource activities 

outside the United States and its territories and possessions, 

including technical assistance, education and training, and cooperation with United States and international organizations. 

Notification. 

Deadlines. 

Assessments. 


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123 STAT. 2944 PUBLIC LAW 111–88—OCT. 30, 2009 

None of the funds made available to the Forest Service in 

this Act or any other Act with respect to any fiscal year shall 

be subject to transfer under the provisions of section 702(b) of 

the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257), 

section 442 of Public Law 106–224 (7 U.S.C. 7772), or section 

10417(b) of Public Law 107–107 (7 U.S.C. 8316(b)). 

None of the funds available to the Forest Service may be 

reprogrammed without the advance approval of the House and 

Senate Committees on Appropriations in accordance with the reprogramming procedures contained in the joint explanatory statement of the managers accompanying this Act. 

Not more than $78,350,000 of funds available to the Forest 

Service shall be transferred to the Working Capital Fund of the 

Department of Agriculture and not more than $19,825,000 of funds 

available to the Forest Service shall be transferred to the Department of Agriculture for Department Reimbursable Programs, commonly referred to as Greenbook charges. Nothing in this paragraph 

shall prohibit or limit the use of reimbursable agreements requested 

by the Forest Service in order to obtain services from the Department of Agriculture’s National Information Technology Center. 

Funds available to the Forest Service shall be available to 

conduct a program of up to $5,000,000 for priority projects within 

the scope of the approved budget, of which $2,500,000 shall be 

carried out by the Youth Conservation Corps and $2,500,000 shall 

be carried out under the authority of the Public Lands Corps 

Healthy Forests Restoration Act of 2005, Public Law 109–154. 

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

to the Chief of the Forest Service for official reception and representation expenses. 

Pursuant to sections 405(b) and 410(b) of Public Law 101– 

593, of the funds available to the Forest Service, $3,000,000 may 

be advanced in a lump sum to the National Forest Foundation 

to aid conservation partnership projects in support of the Forest 

Service mission, without regard to when the Foundation incurs 

expenses, for projects on or benefitting National Forest System 

lands or related to Forest Service programs: Provided, That the 

Foundation shall obtain, by the end of the period of Federal financial 

assistance, private contributions to match on at least one-for-one 

basis funds made available by the Forest Service: Provided further, 

That the Foundation may transfer Federal funds to Federal or 

a non-Federal recipient for a project at the same rate that the 

recipient has obtained the non-Federal matching funds: Provided 

further, That authorized investments of Federal funds held by the 

Foundation may be made only in interest-bearing obligations of 

the United States or in obligations guaranteed as to both principal 

and interest by the United States. 

Pursuant to section 2(b)(2) of Public Law 98–244, $3,000,000 

of the funds available to the Forest Service shall be advanced 

to the National Fish and Wildlife Foundation in a lump sum to 

aid cost-share conservation projects, without regard to when 

expenses are incurred, on or benefitting National Forest System 

lands or related to Forest Service programs: Provided, That such 

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

Foundation or its sub-recipients: Provided further, That the Foundation may transfer Federal funds to a Federal or non-Federal 

recipient for a project at the same rate that the recipient has 

obtained the non-Federal matching funds. 

Deadline. 

16 USC 556i. 


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PUBLIC LAW 111–88—OCT. 30, 2009 123 STAT. 2945 

Funds appropriated to the Forest Service shall be available 

for interactions with and providing technical assistance to rural 

communities and natural resource-based businesses for sustainable 

rural development purposes. 

Funds appropriated to the Forest Service shall be available 

for payments to counties within the Columbia River Gorge National 

Scenic Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) 

of Public Law 99–663. 

An eligible individual who is employed in any project funded 

under title V of the Older American Act of 1965 (42 U.S.C. 3056 

et seq.) and administered by the Forest Service shall be considered 

to be a Federal employee for purposes of chapter 171 of title 28, 

United States Code. 

Any funds appropriated to the Forest Service may be used 

to meet the non-Federal share requirement in section 502(c) of 

the Older American Act of 1965 (42 U.S.C. 3056(c)(2)). 

Funds available to the Forest Service, not to exceed 

$55,000,000, shall be assessed for the purpose of performing fire, 

administrative and other facilities maintenance. Such assessments 

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

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

and other support services. 

Notwithstanding any other provision of law, any appropriations 

or funds available to the Forest Service not to exceed $500,000 

may be used to reimburse the Office of the General Counsel (OGC), 

Department of Agriculture, for travel and related expenses incurred 

as a result of OGC assistance or participation requested by the 

Forest Service at meetings, training sessions, management reviews, 

land purchase negotiations and similar non-litigation related matters. Future budget justifications for both the Forest Service and 

the Department of Agriculture should clearly display the sums 

previously transferred and the requested funding transfers. 

The 19th unnumbered paragraph under heading ‘‘Administrative Provisions, Forest Service’’ in title III of the Department of 

the Interior, Environment, and Related Agencies Appropriations 

Act, 2006, Public Law 109–54, is amended by striking ‘‘2009’’ and 

inserting ‘‘2014’’. 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

INDIAN HEALTH SERVICE

INDIAN HEALTH SERVICES

For expenses necessary to carry out the Act of August 5, 1954 

(68 Stat. 674), the Indian Self-Determination Act, the Indian Health 

Care Improvement Act, and titles II and III of the Public Health 

Service Act with respect to the Indian Health Service, 

$3,657,618,000, together with payments received during the fiscal 

year pursuant to 42 U.S.C. 238(b) and 238b for services furnished 

by the Indian Health Service: Provided, That funds made available 

to tribes and tribal organizations through contracts, grant agreements, or any other agreements or compacts authorized by the 

Indian Self-Determination and Education Assistance Act of 1975 

(25 U.S.C. 450), shall be deemed to be obligated at the time of 

the grant or contract award and thereafter shall remain available 

to the tribe or tribal organization without fiscal year limitation: 

119 Stat. 538. 

Assessments. 


dkrause on GSDDPC29 with PUBLIC LAWS
123 STAT. 2946 PUBLIC LAW 111–88—OCT. 30, 2009 

Provided further, That $779,347,000 for contract medical care, 

including $48,000,000 for the Indian Catastrophic Health Emergency Fund, shall remain available until expended: Provided further, That $18,251,000 is provided for Headquarters operations 

and information technology activities and, notwithstanding any 

other provision of law, the amount available under this proviso 

shall be allocated at the discretion of the Director of the Indian 

Health Service: Provided further, That of the funds provided, up 

to $32,000,000 shall remain available until expended for 

implementation of the loan repayment program under section 108 

of the Indian Health Care Improvement Act: Provided further, 

That $16,391,000 is provided for the methamphetamine and suicide 

prevention and treatment initiative and $10,000,000 is provided 

for the domestic violence prevention initiative and, notwithstanding 

any other provision of law, the amounts available under this proviso 

shall be allocated at the discretion of the Director of the Indian 

Health Service and shall remain available until expended: Provided 

further, That funds provided in this Act may be used for annual 

contracts and grants that fall within two fiscal years, provided 

the total obligation is recorded in the year the funds are appropriated: Provided further, That the amounts collected by the Secretary of Health and Human Services under the authority of title 

IV of the Indian Health Care Improvement Act shall remain available until expended for the purpose of achieving compliance with 

the applicable conditions and requirements of titles XVIII and XIX 

of the Social Security Act, except for those related to the planning, 

design, or construction of new facilities: Provided further, That 

funding contained herein for scholarship programs under the Indian 

Health Care Improvement Act (25 U.S.C. 1613) shall remain available until expended: Provided further, That amounts received by 

tribes and tribal organizations under title IV of the Indian Health 

Care Improvement Act shall be reported and accounted for and 

available to the receiving tribes and tribal organizations until 

expended: Provided further, That, notwithstanding any other provision of law, of the amounts provided herein, not to exceed 

$398,490,000 shall be for payments to tribes and tribal organizations for contract or grant support costs associated with contracts, 

grants, self-governance compacts, or annual funding agreements 

between the Indian Health Service and a tribe or tribal organization 

pursuant to the Indian Self-Determination Act of 1975, as amended, 

prior to or during fiscal year 2010, of which not to exceed $5,000,000 

may be used for contract support costs associated with new or 

expanded self-determination contracts, grants, self-governance compacts, or annual funding agreements: Provided further, That the 

Bureau of Indian Affairs may collect from the Indian Health Service, 

tribes and tribal organizations operating health facilities pursuant 

to Public Law 93–638, such individually identifiable health information relating to disabled children as may be necessary for the 

purpose of carrying out its functions under the Individuals with 

Disabilities Education Act (20 U.S.C. 1400, et seq.): Provided further, That the Indian Health Care Improvement Fund may be 

used, as needed, to carry out activities typically funded under 

the Indian Health Facilities account. 

Reports. 

Loans. 


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PUBLIC LAW 111–88—OCT. 30, 2009 123 STAT. 2947 

INDIAN HEALTH FACILITIES

For construction, repair, maintenance, improvement, and equipment of health and related auxiliary facilities, including quarters 

for personnel; preparation of plans, specifications, and drawings; 

acquisition of sites, purchase and erection of modular buildings, 

and purchases of trailers; and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7 

of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian SelfDetermination Act, and the Indian Health Care Improvement Act, 

and for expenses necessary to carry out such Acts and titles II 

and III of the Public Health Service Act with respect to environmental health and facilities support activities of the Indian Health 

Service, $394,757,000, to remain available until expended: Provided, That notwithstanding any other provision of law, funds appropriated for the planning, design, construction, renovation or expansion of health facilities for the benefit of an Indian tribe or tribes 

may be used to purchase land on which such facilities will be 

located: Provided further, That not to exceed $500,000 shall be 

used by the Indian Health Service to purchase TRANSAM equipment from the Department of Defense for distribution to the Indian 

Health Service and tribal facilities: Provided further, That none 

of the funds appropriated to the Indian Health Service may be 

used for sanitation facilities construction for new homes funded 

with grants by the housing programs of the United States Department of Housing and Urban Development: Provided further, That 

not to exceed $2,700,000 from this account and the ‘‘Indian Health 

Services’’ account shall be used by the Indian Health Service to 

obtain ambulances for the Indian Health Service and tribal facilities 

in conjunction with an existing interagency agreement between 

the Indian Health Service and the General Services Administration: 

Provided further, That not to exceed $500,000 shall be placed in 

a Demolition Fund, to remain available until expended, and be 

used by the Indian Health Service for the demolition of Federal 

buildings. 

ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

Appropriations provided in this Act to the Indian Health Service 

shall be available for services as authorized by 5 U.S.C. 3109 

at rates not to exceed the per diem rate equivalent to the maximum 

rate payable for senior-level positions under 5 U.S.C. 5376; hire 

of passenger motor vehicles and aircraft; purchase of medical equipment; purchase of reprints; purchase, renovation and erection of 

modular buildings and renovation of existing facilities; payments 

for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; uniforms or 

allowances therefor as authorized by 5 U.S.C. 5901–5902; and for 

expenses of attendance at meetings that relate to the functions 

or activities of the Indian Health Service. 

In accordance with the provisions of the Indian Health Care 

Improvement Act, non-Indian patients may be extended health 

care at all tribally administered or Indian Health Service facilities, 

subject to charges, and the proceeds along with funds recovered 

under the Federal Medical Care Recovery Act (42 U.S.C. 2651– 

2653) shall be credited to the account of the facility providing 

the service and shall be available without fiscal year limitation. 

Notwithstanding any other law or regulation, funds transferred 


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123 STAT. 2948 PUBLIC LAW 111–88—OCT. 30, 2009 

from the Department of Housing and Urban Development to the 

Indian Health Service shall be administered under Public Law 

86–121, the Indian Sanitation Facilities Act and Public Law 93– 

638, as amended. 

Funds appropriated to the Indian Health Service in this Act, 

except those used for administrative and program direction purposes, shall not be subject to limitations directed at curtailing 

Federal travel and transportation. 

None of the funds made available to the Indian Health Service 

in this Act shall be used for any assessments or charges by the 

Department of Health and Human Services unless identified in 

the budget justification and provided in this Act, or approved by 

the House and Senate Committees on Appropriations through the 

reprogramming process. 

Notwithstanding any other provision of law, funds previously 

or herein made available to a tribe or tribal organization through 

a contract, grant, or agreement authorized by title I or title V 

of the Indian Self-Determination and Education Assistance Act 

of 1975 (25 U.S.C. 450), may be deobligated and reobligated to 

a self-determination contract under title I, or a self-governance 

agreement under title V of such Act and thereafter shall remain 

available to the tribe or tribal organization without fiscal year 

limitation. 

None of the funds made available to the Indian Health Service 

in this Act shall be used to implement the final rule published 

in the Federal Register on September 16, 1987, by the Department 

of Health and Human Services, relating to the eligibility for the 

health care services of the Indian Health Service until the Indian 

Health Service has submitted a budget request reflecting the 

increased costs associated with the proposed final rule, and such 

request has been included in an appropriations Act and enacted 

into law. 

With respect to functions transferred by the Indian Health 

Service to tribes or tribal organizations, the Indian Health Service 

is authorized to provide goods and services to those entities on 

a reimbursable basis, including payments in advance with subsequent adjustment. The reimbursements received therefrom, along 

with the funds received from those entities pursuant to the Indian 

Self-Determination Act, may be credited to the same or subsequent 

appropriation account from which the funds were originally derived, 

with such amounts to remain available until expended. 

Reimbursements for training, technical assistance, or services 

provided by the Indian Health Service will contain total costs, 

including direct, administrative, and overhead associated with the 

provision of goods, services, or technical assistance. 

The appropriation structure for the Indian Health Service may 

not be altered without advance notification to the House and Senate 

Committees on Appropriations. 

NATIONAL INSTITUTES OF HEALTH

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

For necessary expenses for the National Institute of Environmental Health Sciences in carrying out activities set forth in section 

311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and section 126(g) 

Notification. 

Regulations. 

Budget request. 


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PUBLIC LAW 111–88—OCT. 30, 2009 123 STAT. 2949 

of the Superfund Amendments and Reauthorization Act of 1986, 

$79,212,000. 

AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

For necessary expenses for the Agency for Toxic Substances 

and Disease Registry (ATSDR) in carrying out activities set forth 

in sections 104(i) and 111(c)(4) of the Comprehensive Environmental 

Response, Compensation, and Liability Act of 1980 (CERCLA), as 

amended; section 118(f) of the Superfund Amendments and 

Reauthorization Act of 1986 (SARA), as amended; and section 3019 

of the Solid Waste Disposal Act, as amended, $76,792,000, of which 

up to $1,000 per eligible employee of the Agency for Toxic Substance 

and Disease Registry shall remain available until expended for 

Individual Learning Accounts: Provided, That notwithstanding any 

other provision of law, in lieu of performing a health assessment 

under section 104(i)(6) of CERCLA, the Administrator of ATSDR 

may conduct other appropriate health studies, evaluations, or activities, including, without limitation, biomedical testing, clinical 

evaluations, medical monitoring, and referral to accredited health 

care providers: Provided further, That in performing any such health 

assessment or health study, evaluation, or activity, the Administrator of ATSDR shall not be bound by the deadlines in section 

104(i)(6)(A) of CERCLA: Provided further, That none of the funds 

appropriated under this heading shall be available for ATSDR 

to issue in excess of 40 toxicological profiles pursuant to section 

104(i) of CERCLA during fiscal year 2010, and existing profiles 

may be updated as necessary. 

OTHER RELATED AGENCIES 

EXECUTIVE OFFICE OF THE PRESIDENT

COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

ENVIRONMENTAL QUALITY

For necessary expenses to continue functions assigned to the 

Council on Environmental Quality and Office of Environmental 

Quality pursuant to the National Environmental Policy Act of 1969, 

the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not to exceed $750 for official 

reception and representation expenses, $3,159,000: Provided, That 

notwithstanding section 202 of the National Environmental Policy 

Act of 1970, the Council shall consist of one member, appointed 

by the President, by and with the advice and consent of the Senate, 

serving as chairman and exercising all powers, functions, and duties 

of the Council. 

CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

SALARIES AND EXPENSES

For necessary expenses in carrying out activities pursuant to 

section 112(r)(6) of the Clean Air Act, as amended, including hire 

of passenger vehicles, uniforms or allowances therefor, as authorized 

by 5 U.S.C. 5901–5902, and for services authorized by 5 U.S.C. 

Appointment. 


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123 STAT. 2950 PUBLIC LAW 111–88—OCT. 30, 2009 

3109 but at rates for individuals not to exceed the per diem equivalent to the maximum rate payable for senior level positions under 

5 U.S.C. 5376, $11,147,000: Provided, That the Chemical Safety 

and Hazard Investigation Board (Board) shall have not more than 

three career Senior Executive Service positions: Provided further, 

That notwithstanding any other provision of law, the individual 

appointed to the position of Inspector General of the Environmental 

Protection Agency (EPA) shall, by virtue of such appointment, also 

hold the position of Inspector General of the Board: Provided further, That notwithstanding any other provision of law, the Inspector 

General of the Board shall utilize personnel of the Office of Inspector 

General of EPA in performing the duties of the Inspector General 

of the Board, and shall not appoint any individuals to positions 

within the Board: Provided further, That of the funds appropriated 

under this heading, $600,000 shall be for a study by the National 

Academy of Sciences to examine the use and storage of methyl 

isocyanate including the feasibility of implementing alternative 

chemicals or processes and an examination of the cost of alternatives 

at the Bayer CropScience facility in Institute, West Virginia. 

OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

SALARIES AND EXPENSES

For necessary expenses of the Office of Navajo and Hopi Indian 

Relocation as authorized by Public Law 93–531, $8,000,000, to 

remain available until expended: Provided, That funds provided 

in this or any other appropriations Act are to be used to relocate 

eligible individuals and groups including evictees from District 6, 

Hopi-partitioned lands residents, those in significantly substandard 

housing, and all others certified as eligible and not included in 

the preceding categories: Provided further, That none of the funds 

contained in this or any other Act may be used by the Office 

of Navajo and Hopi Indian Relocation to evict any single Navajo 

or Navajo family who, as of November 30, 1985, was physically 

domiciled on the lands partitioned to the Hopi Tribe unless a 

new or replacement home is provided for such household: Provided 

further, That no relocatee will be provided with more than one 

new or replacement home: Provided further, That the Office shall 

relocate any certified eligible relocatees who have selected and 

received an approved homesite on the Navajo reservation or selected 

a replacement residence off the Navajo reservation or on the land 

acquired pursuant to 25 U.S.C. 640d–10. 

INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND

ARTS DEVELOPMENT

PAYMENT TO THE INSTITUTE

For payment to the Institute of American Indian and Alaska 

Native Culture and Arts Development, as authorized by title XV 

of Public Law 99–498, as amended (20 U.S.C. 56 part A), $8,300,000. 

Study. 

5 USC app. 8G 

note. 

Government 

positions. 


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PUBLIC LAW 111–88—OCT. 30, 2009 123 STAT. 2951 

SMITHSONIAN INSTITUTION

SALARIES AND EXPENSES

For necessary expenses of the Smithsonian Institution, as 

authorized by law, including research in the fields of art, science, 

and history; development, preservation, and documentation of the 

National Collections; presentation of public exhibits and performances; collection, preparation, dissemination, and exchange of 

information and publications; conduct of education, training, and 

museum assistance programs; maintenance, alteration, operation, 

lease agreements of no more than 30 years, and protection of 

buildings, facilities, and approaches; not to exceed $100,000 for 

services as authorized by 5 U.S.C. 3109; and purchase, rental, 

repair, and cleaning of uniforms for employees, $636,161,000, to 

remain available until September 30, 2011, except as otherwise 

provided herein; of which not to exceed $19,117,000 for the 

instrumentation program, collections acquisition, exhibition reinstallation, the National Museum of African American History 

and Culture, and the repatriation of skeletal remains program 

shall remain available until expended; of which $1,553,000 is for 

fellowships and scholarly awards; of which $250,000 may be made 

available to carry out activities under the Civil Rights History 

Project Act of 2009 (20 U.S.C. 80s et seq.), to remain available 

until expended; and including such funds as may be necessary 

to support American overseas research centers: Provided, That 

funds appropriated herein are available for advance payments to 

independent contractors performing research services or participating in official Smithsonian presentations. 

FACILITIES CAPITAL

For necessary expenses of repair, revitalization, and alteration 

of facilities owned or occupied by the Smithsonian Institution, by 

contract or otherwise, as authorized by section 2 of the Act of 

August 22, 1949 (63 Stat. 623), and for construction, including 

necessary personnel, $125,000,000, to remain available until 

expended, of which not to exceed $10,000 is for services as authorized by 5 U.S.C. 3109. 

LEGACY FUND

(INCLUDING RESCISSION OF FUNDS)

For the purpose of developing a public-private partnership to 

facilitate the reopening of the Arts and Industries Building of 

the Smithsonian Institution, $30,000,000, to remain available until 

expended, for repair, renovation and revitalization of the building: 

Provided, That such funds shall be matched on a 1:1 basis by 

private donations: Provided further, That major in-kind donations 

that contribute significantly to the redesign and purpose of the 

reopened building be considered to qualify toward the total private 

match: Provided further, That privately contributed endowments, 

which are designated for the care and renewal of permanent exhibitions installed in the Arts and Industries Building, be considered 

as qualifying toward the total private match: Provided further, 

That this appropriation may be made available to the Smithsonian 

Contracts. 


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123 STAT. 2952 PUBLIC LAW 111–88—OCT. 30, 2009 

Institution incrementally as private funding becomes available: Provided further, That any other provision of law that adjusts the 

overall amount of the Federal appropriation for this account shall 

also apply to the privately contributed requirement: Provided further, That the unobligated balances provided under this heading 

in Public Law 110–161 and Public Law 111–8 are hereby rescinded. 

NATIONAL GALLERY OF ART

SALARIES AND EXPENSES

For the upkeep and operations of the National Gallery of Art, 

the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March 

24, 1937 (50 Stat. 51), as amended by the public resolution of 

April 13, 1939 (Public Resolution 9, Seventy-sixth Congress), 

including services as authorized by 5 U.S.C. 3109; payment in 

advance when authorized by the treasurer of the Gallery for membership in library, museum, and art associations or societies whose 

publications or services are available to members only, or to members at a price lower than to the general public; purchase, repair, 

and cleaning of uniforms for guards, and uniforms, or allowances 

therefor, for other employees as authorized by law (5 U.S.C. 5901– 

5902); purchase or rental of devices and services for protecting 

buildings and contents thereof, and maintenance, alteration, 

improvement, and repair of buildings, approaches, and grounds; 

and purchase of services for restoration and repair of works of 

art for the National Gallery of Art by contracts made, without 

advertising, with individuals, firms, or organizations at such rates 

or prices and under such terms and conditions as the Gallery 

may deem proper, $110,746,000, of which not to exceed $3,386,000 

for the special exhibition program shall remain available until 

expended. 

REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

For necessary expenses of repair, restoration and renovation 

of buildings, grounds and facilities owned or occupied by the 

National Gallery of Art, by contract or otherwise, as authorized, 

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

of this amount, $40,000,000 shall be available for repair of the 

National Gallery’s East Building fac ̧ade: Provided further, That 

notwithstanding any other provision of law, a single procurement 

for the foregoing Major Critical Project may be issued which 

includes the full scope of the project: Provided further, That the 

solicitation and contract shall contain the clause ‘‘availability of 

funds’’ found at 48 CFR 52.232.18: Provided further, That contracts 

awarded for environmental systems, protection systems, and exterior repair or renovation of buildings of the National Gallery of 

Art may be negotiated with selected contractors and awarded on 

the basis of contractor qualifications as well as price. 

JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

OPERATIONS AND MAINTENANCE

For necessary expenses for the operation, maintenance and 

security of the John F. Kennedy Center for the Performing Arts, 

Applicability. 


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PUBLIC LAW 111–88—OCT. 30, 2009 123 STAT. 2953 

$23,000,000: Provided, That of the funds included under this 

heading, $500,000 is available until expended to implement a program to train arts managers throughout the United States. 

CAPITAL REPAIR AND RESTORATION

For necessary expenses for capital repair and restoration of 

the existing features of the building and site of the John F. Kennedy 

Center for the Performing Arts, $17,447,000, to remain available 

until expended. 

WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS

SALARIES AND EXPENSES

For expenses necessary in carrying out the provisions of the 

Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including 

hire of passenger vehicles and services as authorized by 5 U.S.C. 

3109, $12,225,000, to remain available until September 30, 2011. 

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

NATIONAL ENDOWMENT FOR THE ARTS

GRANTS AND ADMINISTRATION

For necessary expenses to carry out the National Foundation 

on the Arts and the Humanities Act of 1965, as amended, 

$167,500,000 shall be available to the National Endowment for 

the Arts for the support of projects and productions in the arts, 

including arts education and public outreach activities, through 

assistance to organizations and individuals pursuant to section 

5 of the Act, for program support, and for administering the functions of the Act, to remain available until expended. 

NATIONAL ENDOWMENT FOR THE HUMANITIES

GRANTS AND ADMINISTRATION

For necessary expenses to carry out the National Foundation 

on the Arts and the Humanities Act of 1965, as amended, 

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

$153,200,000 shall be available for support of activities in the 

humanities, pursuant to section 7(c) of the Act and for administering 

the functions of the Act; and $14,300,000 shall be available to 

carry out the matching grants program pursuant to section 10(a)(2) 

of the Act including $9,500,000 for the purposes of section 7(h): 

Provided, That appropriations for carrying out section 10(a)(2) shall 

be available for obligation only in such amounts as may be equal 

to the total amounts of gifts, bequests, and devises of money, 

and other property accepted by the chairman or by grantees of 

the Endowment under the provisions of subsections 11(a)(2)(B) and 

11(a)(3)(B) during the current and preceding fiscal years for which 

equal amounts have not previously been appropriated. 

ADMINISTRATIVE PROVISIONS

None of the funds appropriated to the National Foundation 

on the Arts and the Humanities may be used to process any grant 


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123 STAT. 2954 PUBLIC LAW 111–88—OCT. 30, 2009 

or contract documents which do not include the text of 18 U.S.C. 

1913: Provided, That none of the funds appropriated to the National 

Foundation on the Arts and the Humanities may be used for official 

reception and representation expenses: Provided further, That funds 

from nonappropriated sources may be used as necessary for official 

reception and representation expenses: Provided further, That the 

Chairperson of the National Endowment for the Arts may approve 

grants of up to $10,000, if in the aggregate this amount does 

not exceed 5 percent of the sums appropriated for grant-making 

purposes per year: Provided further, That such small grant actions 

are taken pursuant to the terms of an expressed and direct delegation of authority from the National Council on the Arts to the 

Chairperson. 

COMMISSION OF FINE ARTS

SALARIES AND EXPENSES

For expenses made necessary by the Act establishing a Commission of Fine Arts (40 U.S.C. 104), $2,294,000: Provided, That the 

Commission is authorized to charge fees to cover the full costs 

of its publications, and such fees shall be credited to this account 

as an offsetting collection, to remain available until expended without further appropriation: Provided further, That the Commission 

is authorized to accept gifts, including objects, papers, artwork, 

drawings and artifacts, that pertain to the history and design 

of the Nation’s Capital or the history and activities of the Commission of Fine Arts, for the purpose of artistic display, study or 

education. 

NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

For necessary expenses as authorized by Public Law 99–190 

(20 U.S.C. 956a), as amended, $9,500,000. 

ADVISORY COUNCIL ON HISTORIC PRESERVATION

SALARIES AND EXPENSES

For necessary expenses of the Advisory Council on Historic 

Preservation (Public Law 89–665, as amended), $5,908,000: Provided, That none of these funds shall be available for compensation 

of level V of the Executive Schedule or higher positions. 

NATIONAL CAPITAL PLANNING COMMISSION

SALARIES AND EXPENSES

For necessary expenses, as authorized by the National Capital 

Planning Act of 1952 (40 U.S.C. 71–71i), including services as 

authorized by 5 U.S.C. 3109, $8,507,000: Provided, That one-quarter 

of 1 percent of the funds provided under this heading may be 

used for official reception and representational expenses associated 

with hosting international visitors engaged in the planning and 

physical development of world capitals. 


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PUBLIC LAW 111–88—OCT. 30, 2009 123 STAT. 2955 

UNITED STATES HOLOCAUST MEMORIAL MUSEUM

HOLOCAUST MEMORIAL MUSEUM

For expenses of the Holocaust Memorial Museum, as authorized 

by Public Law 106–292 (36 U.S.C. 2301–2310), $49,122,000, of 

which $515,000 for the Museum’s equipment replacement program, 

$1,900,000 for the museum’s repair and rehabilitation program, 

and $1,264,000 for the museum’s exhibition design and production 

program shall remain available until expended. 

PRESIDIO TRUST

PRESIDIO TRUST FUND

For necessary expenses to carry out title I of the Omnibus Parks and Public Lands Management Act of 1996, $23,200,000 

shall be available to the Presidio Trust, to remain available until 

expended. 

DWIGHT D. EISENHOWER MEMORIAL COMMISSION

SALARIES AND EXPENSES

For necessary expenses, including the costs of construction 

design, of the Dwight D. Eisenhower Memorial Commission, 

$3,000,000, to remain available until expended. 

CAPITAL CONSTRUCTION

For necessary expenses of the Dwight D. Eisenhower Memorial 

Commission for design and construction of a memorial in honor 

of Dwight D. Eisenhower, as authorized by Public Law 106–79, 

$16,000,000, to remain available until expended. 

TITLE IV 

GENERAL PROVISIONS 

(INCLUDING TRANSFERS OF FUNDS)

LIMITATION ON CONSULTING SERVICES

SEC. 401. The expenditure of any appropriation under this 

Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where 

such expenditures are a matter of public record and available 

for public inspection, except where otherwise provided under 

existing law, or under existing Executive Order issued pursuant 

to existing law. 

RESTRICTION ON USE OF FUNDS

SEC. 402. No part of any appropriation contained in this Act 

shall be available for any activity or the publication or distribution 

of literature that in any way tends to promote public support 

or opposition to any legislative proposal on which Congressional 

action is not complete other than to communicate to Members 

of Congress as described in 18 U.S.C. 1913. 

Lobbying. 

Contracts. 


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123 STAT. 2956 PUBLIC LAW 111–88—OCT. 30, 2009 

OBLIGATION OF APPROPRIATIONS

SEC. 403. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

PROHIBITION ON USE OF FUNDS FOR PERSONAL SERVICES

SEC. 404. None of the funds provided in this Act to any department or agency shall be obligated or expended to provide a personal 

cook, chauffeur, or other personal servants to any officer or 

employee of such department or agency except as otherwise provided 

by law. 

DISCLOSURE OF ADMINISTRATIVE EXPENSES

SEC. 405. Estimated overhead charges, deductions, reserves 

or holdbacks from programs, projects, activities and subactivities 

to support government-wide, departmental, agency or bureau 

administrative functions or headquarters, regional or central operations shall be presented in annual budget justifications and subject 

to approval by the Committees on Appropriations. Changes to such 

estimates shall be presented to the Committees on Appropriations 

for approval. 

GIANT SEQUOIA

SEC. 406. None of the funds in this Act may be used to plan, 

prepare, or offer for sale timber from trees classified as giant 

sequoia (Sequoiadendron giganteum) which are located on National 

Forest System or Bureau of Land Management lands in a manner 

different than such sales were conducted in fiscal year 2009. 

TRANSFER OF FUNDS AUTHORITY

SEC. 407. None of the funds made available in this Act may 

be transferred to any department, agency, or instrumentality of 

the United States Government except pursuant to a transfer made 

by, or transfer provided in, this Act or any other Act. 

MINING APPLICATIONS

SEC. 408. (a) LIMITATION OF FUNDS.—None of the funds appropriated or otherwise made available pursuant to this Act shall 

be obligated or expended to accept or process applications for a 

patent for any mining or mill site claim located under the general 

mining laws. 

(b) EXCEPTIONS.—The provisions of subsection (a) shall not 

apply if the Secretary of the Interior determines that, for the 

claim concerned: (1) a patent application was filed with the Secretary on or before September 30, 1994; and (2) all requirements 

established under sections 2325 and 2326 of the Revised Statutes 

(30 U.S.C. 29 and 30) for vein or lode claims and sections 2329, 

2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36, 

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

(30 U.S.C. 42) for mill site claims, as the case may be, were 

fully complied with by the applicant by that date. 

Determination. 

Patents. 

Budget 

estimates. 


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PUBLIC LAW 111–88—OCT. 30, 2009 123 STAT. 2957 

(c) REPORT.—On September 30, 2010, the Secretary of the 

Interior shall file with the House and Senate Committees on Appropriations and the Committee on Natural Resources of the House 

and the Committee on Energy and Natural Resources of the Senate 

a report on actions taken by the Department under the plan submitted pursuant to section 314(c) of the Department of the Interior 

and Related Agencies Appropriations Act, 1997 (Public Law 104– 

208). 

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

applications in a timely and responsible manner, upon the request 

of a patent applicant, the Secretary of the Interior shall allow 

the applicant to fund a qualified third-party contractor to be selected 

by the Bureau of Land Management to conduct a mineral examination of the mining claims or mill sites contained in a patent application as set forth in subsection (b). The Bureau of Land Management 

shall have the sole responsibility to choose and pay the thirdparty contractor in accordance with the standard procedures 

employed by the Bureau of Land Management in the retention 

of third-party contractors. 

CONTRACT SUPPORT COSTS

SEC. 409. Notwithstanding any other provision of law, amounts 

appropriated to or otherwise designated in committee reports for 

the Bureau of Indian Affairs and the Indian Health Service by 

Public Laws 103–138, 103–332, 104–134, 104–208, 105–83, 105– 

277, 106–113, 106–291, 107–63, 108–7, 108–108, 108–447, 109– 

54, 109–289, division B and Continuing Appropriations Resolution, 

2007 (division B of Public Law 109–289, as amended by Public 

Laws 110–5 and 110–28), Public Laws 110–92, 110–116, 110–137, 

110–149, 110–161, 110–329, 111–6, and 111–8 for payments for 

contract support costs associated with self-determination or selfgovernance contracts, grants, compacts, or annual funding agreements with the Bureau of Indian Affairs or the Indian Health 

Service as funded by such Acts, are the total amounts available 

for fiscal years 1994 through 2009 for such purposes, except that 

the Bureau of Indian Affairs, tribes and tribal organizations may 

use their tribal priority allocations for unmet contract support costs 

of ongoing contracts, grants, self-governance compacts, or annual 

funding agreements. 

FOREST MANAGEMENT PLANS

SEC. 410. The Secretary of Agriculture shall not be considered 

to be in violation of subparagraph 6(f)(5)(A) of the Forest and 

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

1604(f)(5)(A)) solely because more than 15 years have passed without revision of the plan for a unit of the National Forest System. 

Nothing in this section exempts the Secretary from any other 

requirement of the Forest and Rangeland Renewable Resources 

Planning Act (16 U.S.C. 1600 et seq.) or any other law: Provided, 

That if the Secretary is not acting expeditiously and in good faith, 

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

National Forest System, this section shall be void with respect 

to such plan and a court of proper jurisdiction may order completion 

of the plan on an accelerated basis. 

16 USC 1604 

note. 


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123 STAT. 2958 PUBLIC LAW 111–88—OCT. 30, 2009 

PROHIBITION WITHIN NATIONAL MONUMENTS

SEC. 411. No funds provided in this Act may be expended 

to conduct preleasing, leasing and related activities under either 

the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer 

Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the 

boundaries of a National Monument established pursuant to the 

Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary 

existed on January 20, 2001, except where such activities are 

allowed under the Presidential proclamation establishing such 

monument. 

INTERNATIONAL FIREFIGHTER COOPERATIVE AGREEMENTS

SEC. 412. In entering into agreements with foreign fire 

organizations pursuant to the Temporary Emergency Wildfire 

Suppression Act (42 U.S.C. 1856m–1856o), the Secretary of Agriculture and the Secretary of the Interior are authorized to enter 

into reciprocal agreements in which the individuals furnished under 

said agreements to provide wildfire services are considered, for 

purposes of tort liability, employees of the fire organization receiving 

said services when the individuals are engaged in fire suppression 

or presuppression: Provided, That the Secretary of Agriculture or 

the Secretary of the Interior shall not enter into any agreement 

under this provision unless the foreign fire organization agrees 

to assume any and all liability for the acts or omissions of American 

firefighters engaged in fire suppression or presuppression in a foreign country: Provided further, That when an agreement is reached 

for furnishing fire suppression or presuppression services, the only 

remedies for acts or omissions committed while engaged in fire 

suppression or presuppression shall be those provided under the 

laws applicable to the fire organization receiving the fire suppression or presuppression services, and those remedies shall be the 

exclusive remedies for any claim arising out of fire suppression 

or presuppression activities in a foreign country: Provided further, That neither the sending country nor any legal organization associated with the firefighter shall be subject to any legal action, consistent with the applicable laws governing sovereign immunity, 

pertaining to or arising out of the firefighter’s role in fire suppression or presuppression, except that if the foreign fire organization 

is unable to provide immunity under laws applicable to it, it shall 

assume any and all liability for the United States or for any 

legal organization associated with the American firefighter, and 

for any and all costs incurred or assessed, including legal fees, 

for any act or omission pertaining to or arising out of the firefighter’s 

role in fire suppression or presuppression. 

CONTRACTING AUTHORITIES

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

available by this Act, notwithstanding Federal Government procurement and contracting laws, the Secretary of Agriculture and the 

Secretary of the Interior (the ‘‘Secretaries’’) may, in evaluating 

bids and proposals, give consideration to local contractors who are 

from, and who provide employment and training for, dislocated 

and displaced workers in an economically disadvantaged rural 

community, including those historically timber-dependent areas 

that have been affected by reduced timber harvesting on Federal 

Urban and rural 

areas. 

Wildfires. 


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PUBLIC LAW 111–88—OCT. 30, 2009 123 STAT. 2959 

lands and other forest-dependent rural communities isolated from 

significant alternative employment opportunities: Provided, That 

notwithstanding Federal Government procurement and contracting 

laws the Secretaries may award contracts, grants or cooperative 

agreements to local non-profit entities, Youth Conservation Corps 

or related partnerships with State, local or non-profit youth groups, 

or small or micro-business or disadvantaged business: Provided 

further, That the contract, grant, or cooperative agreement is for 

forest hazardous fuels reduction, watershed or water quality monitoring or restoration, wildlife or fish population monitoring, or 

habitat restoration or management: Provided further, That the 

terms ‘‘rural community’’ and ‘‘economically disadvantaged’’ shall 

have the same meanings as in section 2374 of Public Law 101– 

624: Provided further, That the Secretaries shall develop guidance 

to implement this section: Provided further, That nothing in this 

section shall be construed as relieving the Secretaries of any duty 

under applicable procurement laws, except as provided in this section. 

LIMITATION ON TAKINGS

SEC. 414. Unless otherwise provided herein, no funds appropriated in this Act for the acquisition of lands or interests in 

lands may be expended for the filing of declarations of taking 

or complaints in condemnation without the approval of the House 

and Senate Committees on Appropriations: Provided, That this 

provision shall not apply to funds appropriated to implement the 

Everglades National Park Protection and Expansion Act of 1989, 

or to funds appropriated for Federal assistance to the State of 

Florida to acquire lands for Everglades restoration purposes. 

HUNTERS POINT ENVIRONMENTAL CLEANUP

SEC. 415. In addition to the amounts otherwise provided to 

the Environmental Protection Agency in this Act, $8,000,000, to 

remain available until expended, is provided to EPA to be transferred to the Department of the Navy for clean-up activities at 

the Treasure Island Naval Station—Hunters Point Annex. 

EXTENSION OF GRAZING PERMITS

SEC. 416. The terms and conditions of section 325 of Public 

Law 108–108, regarding grazing permits at the Department of 

the Interior and the Forest Service shall remain in effect for fiscal 

year 2010. 

NATIONAL COUNCIL ON THE ARTS MEMBERSHIP

SEC. 417. Section 6 of the National Foundation on the Arts 

and the Humanities Act of 1965 (Public Law 89–209, 20 U.S.C. 

955), as amended, is further amended as follows: 

(1) In the first sentence of subsection (b)(1)(C), by striking 

‘‘14’’ and inserting in lieu thereof ‘‘18’’; and 

(2) In the second sentence of subsection (d)(1), by striking 

‘‘Eight’’ and inserting in lieu thereof ‘‘Ten’’. 

Guidelines. 


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123 STAT. 2960 PUBLIC LAW 111–88—OCT. 30, 2009 

NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS AUTHORIZATION

SEC. 418. The item relating to ‘‘National Capital Arts and 

Cultural Affairs’’ in the Department of the Interior and Related 

Agencies Appropriations Act, 1986, as enacted into law by section 

101(d) of Public Law 99–190 (99 Stat. 1261; 20 U.S.C. 956a), is 

amended— 

(1) in the second sentence of the first paragraph, by striking ‘‘$7,500,000’’ and inserting ‘‘$10,000,000’’; and 

(2) in the second sentence of the fourth paragraph, by striking ‘‘$500,000’’ and inserting ‘‘$650,000’’. 

ALASKA NATIVE HEALTH CARE SERVICES

SEC. 419. (a) Notwithstanding any other provision of law and 

until October 1, 2011, the Indian Health Service may not disburse 

funds for the provision of health care services pursuant to Public 

Law 93–638 (25 U.S.C. 450 et seq.) to any Alaska Native village 

or Alaska Native village corporation that is located within the 

area served by an Alaska Native regional health entity. 

(b) Nothing in this section shall be construed to prohibit the 

disbursal of funds to any Alaska Native village or Alaska Native 

village corporation under any contract or compact entered into 

prior to May 1, 2006, or to prohibit the renewal of any such 

agreement. 

(c) For the purpose of this section, Eastern Aleutian Tribes, 

Inc., the Council of Athabascan Tribal Governments, and the Native 

Village of Eyak shall be treated as Alaska Native regional health 

entities to which funds may be disbursed under this section. 

EXTENSION OF FOREST BOTANICAL PRODUCT AUTHORITIES

SEC. 420. Section 339(h) of the Department of the Interior 

and Related Agencies Appropriations Act, 2000, as amended, concerning a pilot program for the sale of forest botanical products 

by the Forest Service, is further amended by striking ‘‘September 

30, 2009’’ and inserting ‘‘September 30, 2014’’. 

TIMBER SALE REQUIREMENTS

SEC. 421. The Forest Service shall use the residual value 

approach to appraising all timber sales in Alaska’s Region 10 that 

contain a component of Western red cedar and shall only offer 

sales that contain a component of Western red cedar that are 

not deficit. Western red cedar shall be appraised using lower 48 

State domestic values if the timber might be eligible for shipment 

to the lower 48 States. All of the Western red cedar timber from 

those sales which is surplus to the needs of domestic processors 

in Alaska shall be made available to domestic processors in the 

contiguous 48 United States at prevailing domestic prices in the 

contiguous 48 United States. Western red cedar shall be deemed 

‘‘surplus to the needs of domestic processors in Alaska’’ if the 

Forest Service determines it is surplus or if the timber sale holder 

has presented to the Forest Service documentation that the Forest 

Service determines is valid of the inability to sell Western red 

cedar logs from a given sale to domestic Alaska processors at 

a price equal to or greater than the log selling value stated in 

the contract. All additional Western red cedar volume not sold 

Determination. 

16 USC 528 note. 


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PUBLIC LAW 111–88—OCT. 30, 2009 123 STAT. 2961 

to Alaska or to contiguous 48 United States domestic processors 

may be exported to foreign markets if the Forest Service determines 

it is surplus to the needs of the 50 States. All Alaska yellow 

cedar may be sold at prevailing export prices if the Forest Service 

determines it is surplus to the needs of the 50 States. 

COLORADO COOPERATIVE CONSERVATION AUTHORITY

SEC. 422. Section 331(e) of the Department of the Interior 

and Related Agencies Appropriations Act, 2001, (Public Law 106– 

291), as added by section 336 of division E of the Consolidated 

Appropriations Act, 2005 (Public Law 108–447), concerning cooperative forestry agreements known as the Colorado Good Neighbor 

Act Authority is amended by striking ‘‘September 30, 2009’’ and 

inserting ‘‘September 30, 2013’’. 

GEOTHERMAL ENERGY RECEIPTS

SEC. 423. All monies received by the United States in fiscal 

year 2010 from sales, bonuses, rentals, and royalties under the 

Geothermal Steam Act of 1970 shall be disposed of as provided 

by section 20 of that Act (30 U.S.C. 1019), as in effect immediately 

before enactment of the Energy Policy Act of 2005 (Public Law 

109–58), and without regard to the amendments contained in sections 224(b) and section 234 of the Energy Policy Act of 2005 

(42 U.S.C. 17673). 

PROHIBITION ON USE OF FUNDS

SEC. 424. Notwithstanding any other provision of law, none 

of the funds made available in this Act or any other Act may 

be used to promulgate or implement any regulation requiring the 

issuance of permits under title V of the Clean Air Act (42 U.S.C. 

7661 et seq.) for carbon dioxide, nitrous oxide, water vapor, or 

methane emissions resulting from biological processes associated 

with livestock production. 

GREENHOUSE GAS REPORTING RESTRICTIONS

SEC. 425. Notwithstanding any other provision of law, none 

of the funds made available in this or any other Act may be 

used to implement any provision in a rule, if that provision requires 

mandatory reporting of greenhouse gas emissions from manure 

management systems. 

REPORT ON USE OF CLIMATE CHANGE FUNDS

SEC. 426. Not later than 120 days after the date on which 

the President’s fiscal year 2011 budget request is submitted to 

Congress, the President shall submit a report to the Committee 

on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate describing in detail all 

Federal agency obligations and expenditures, domestic and international, for climate change programs and activities in fiscal year 

2009 and fiscal year 2010, including an accounting of expenditures 

by agency with each agency identifying climate change activities 

and associated costs by line item as presented in the President’s 

Budget Appendix. 

President. 

118 Stat. 3102. 


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123 STAT. 2962 PUBLIC LAW 111–88—OCT. 30, 2009 

PROHIBITION ON USE OF FUNDS

SEC. 427. None of the funds made available under this Act 

may be distributed to the Association of Community Organizations 

for Reform Now (ACORN) or its subsidiaries. 

GUANTANAMO BAY DETAINEES, FUNDING RESTRICTIONS

SEC. 428. (a) None of the funds made available in this or 

any other Act may be used to release an individual who is detained, 

as of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, 

into the continental United States, Alaska, Hawaii, or the District 

of Columbia, into any of the United States territories of Guam, 

American Samoa (AS), the United States Virgin Islands (USVI), 

the Commonwealth of Puerto Rico and the Commonwealth of the 

Northern Mariana Islands (CNMI). 

(b) None of the funds made available in this or any other 

Act may be used to transfer an individual who is detained, as 

of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, into 

the continental United States, Alaska, Hawaii, or the District of 

Columbia, into any of the United States territories of Guam, American Samoa (AS), the United States Virgin Islands (USVI), the 

Commonwealth of Puerto Rico and the Commonwealth of the 

Northern Mariana Islands (CNMI), for the purpose of detention, 

except as provided in subsection (c). 

(c) None of the funds made available in this or any other 

Act may be used to transfer an individual who is detained, as 

of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, into 

the continental United States, Alaska, Hawaii, or the District of 

Columbia, into any of the United States territories of Guam, American Samoa (AS), the United States Virgin Islands (USVI), the 

Commonwealth of Puerto Rico and the Commonwealth of the 

Northern Mariana Islands (CNMI), for the purposes of prosecuting 

such individual, or detaining such individual during legal proceedings, until 45 days after the plan described in subsection (d) 

is received. 

(d) The President shall submit to Congress, in classified form, 

a plan regarding the proposed disposition of any individual covered 

by subsection (c) who is detained as of June 24, 2009. Such plan 

shall include, at a minimum, each of the following for each such 

individual: 

(1) A determination of the risk that the individual might 

instigate an act of terrorism within the continental United 

States, Alaska, Hawaii, the District of Columbia, or the United 

States territories if the individual were so transferred. 

(2) A determination of the risk that the individual might 

advocate, coerce, or incite violent extremism, ideologically motivated criminal activity, or acts of terrorism, among inmate 

populations at incarceration facilities within the continental 

United States, Alaska, Hawaii, the District of Columbia, or 

the United States territories if the individual were transferred 

to such a facility. 

(3) The costs associated with transferring the individual 

in question. 

(4) The legal rationale and associated court demands for 

transfer. 

(5) A plan for mitigation of any risks described in paragraphs (1), (2), and (7). 

President. 

Classified 

information. 

Plan. 

Cuba. 


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PUBLIC LAW 111–88—OCT. 30, 2009 123 STAT. 2963 

(6) A copy of a notification to the Governor of the State 

to which the individual will be transferred, to the Mayor of 

the District of Columbia if the individual will be transferred 

to the District of Columbia, or to any United States territories 

with a certification by the Attorney General of the United 

States in classified form at least 14 days prior to such transfer 

(together with supporting documentation and justification) that 

the individual poses little or no security risk to the United 

States. 

(7) An assessment of any risk to the national security 

of the United States or its citizens, including members of the 

Armed Services of the United States, that is posed by such 

transfer and the actions taken to mitigate such risk. 

(e) None of the funds made available in this or any other 

Act may be used to transfer or release an individual detained 

at Naval Station, Guantanamo Bay, Cuba, as of June 24, 2009, 

to the country of such individual’s nationality or last habitual 

residence or to any other country other than the United States 

or to a freely associated State, unless the President submits to 

the Congress, in classified form, at least 15 days prior to such 

transfer or release, the following information: 

(1) The name of any individual to be transferred or released 

and the country or the freely associated State to which such 

individual is to be transferred or released. 

(2) An assessment of any risk to the national security 

of the United States or its citizens, including members of the 

Armed Services of the United States, that is posed by such 

transfer or release and the actions taken to mitigate such 

risk. 

(3) The terms of any agreement with the country or the 

freely associated State for the acceptance of such individual, 

including the amount of any financial assistance related to 

such agreement. 

(f) In this section, the term ‘‘freely associated States’’ means 

the Federated States of Micronesia (FSM), the Republic of the 

Marshall Islands (RMI), and the Republic of Palau. 

(g) Prior to the termination of detention operations at Naval 

Station, Guantanamo Bay, Cuba, the President shall submit to 

the Congress a report in classified form describing the disposition 

or legal status of each individual detained at the facility as of 

the date of enactment of this Act. 

JUNGO DISPOSAL SITE EVALUATION

SEC. 429. Using funds made available under this Act, the 

Director of the United States Geological Survey may conduct an 

evaluation of the aquifers in the area of the Jungo Disposal Site 

in Humboldt County, Nevada (referred to in this section as the 

‘‘site’’), to evaluate— 

(1) how long it would take waste seepage (including 

asbestos, discarded tires, and sludge from water treatment 

plants) from the site to contaminate local underground water 

resources; 

(2) the distance that contamination from the site would 

travel in each of— 

(A) 95 years; and 

(B) 190 years; 

Nevada. 

President. 

Classified 

information. 

Reports. 

Definition. 

President. 

Classified 

information. 

Submission. 

Deadline. 

Notification. 

Deadline. 


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123 STAT. 2964 PUBLIC LAW 111–88—OCT. 30, 2009 

(3) the potential impact of expected waste seepage from 

the site on nearby surface water resources, including Rye Patch 

Reservoir and the Humboldt River; 

(4) the size and elevation of the aquifers; and 

(5) any impact that the waste seepage from the site would 

have on the municipal water resources of Winnemucca, Nevada. 

BUYOUT AND RELOCATION

SEC. 430. (a) As soon as practicable after the date of enactment 

of this Act, the Administrator of the Environmental Protection 

Agency (referred to in this section as the ‘‘Administrator’’) is encouraged to consider all appropriate criteria relating to the buyout 

and relocation of residents of properties in Treece, Kansas, that 

are subject to risk relating to, and that may endanger the health 

of occupants as a result of risks posed by, chat (as defined in 

section 278.1(b) of title 40, Code of Federal Regulations (as in 

effect on the date of enactment of this Act)). 

(b) For the purpose of the remedial action under the Comprehensive Environmental Response, Compensation, and Liability 

Act of 1980 (42 U.S.C. 9601 et seq.) that includes permanent relocation of residents of Treece, Kansas, any such relocation shall not 

be subject to the Uniform Relocation Assistance and Real Property 

Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.). 

(c) Nothing in this section shall in any way affect, impede, 

or change the relocation or remediation activities pursuant to the 

Record of Decision Operable Unit 4, Chat Piles, Other Mine and 

Mill Waste, and Smelter Waste, Tar Creek Superfund Site, Ottawa 

County, Oklahoma (OKD980629844) issued by the Environmental 

Protection Agency Region 6 on February 20, 2008, or any other 

previous Record of Decision at the Tar Creek, Oklahoma, National 

Priority List Site, by any Federal agency or through any funding 

by any Federal agency. 

AGRICULTURAL RESEARCH AUTHORIZATION

SEC. 431. Section 404(c) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7624(c)) is 

amended— 

(1) in paragraph (1), by striking ‘‘Agricultural Research 

Service’’ and inserting ‘‘Agricultural Research Service and the 

Forest Service’’; and 

(2) by adding at the end the following: 

‘‘(3) AUTHORITY OF SECRETARY.—To carry out a cooperative 

agreement with a private entity under paragraph (1), the Secretary may rent to the private entity equipment, the title 

of which is held by the Federal Government.’’. 

NATIONAL FOREST FOUNDATION

SEC. 432. Section 403(a) of the National Forest Foundation 

Act (16 U.S.C. 583j–1(a)) is amended, in the first sentence, by 

striking ‘‘fifteen Directors’’ and inserting ‘‘not more than 30 Directors’’. 

Kansas. 


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PUBLIC LAW 111–88—OCT. 30, 2009 123 STAT. 2965 

CABIN USER FEES

SEC. 433. Notwithstanding any other provision of law, none 

of the funds made available by this or any other Act may be 

used by the Secretary of Agriculture to increase a recreation residence user fee for calendar year 2010 by more than 25 percent 

of the recreation residence user fee applicable to the recreation 

residence for calendar year 2009. 

PROHIBITION ON NO-BID CONTRACTS

SEC. 434. None of the funds appropriated or otherwise made 

available by this Act to executive branch agencies may be used 

to enter into any Federal contract unless such contract is entered 

into in accordance with the requirements of the Federal Property 

and Administrative Service Act of 1949 (41 U.S.C. 253) or chapter 

137 of title 10, United States Code, and the Federal Acquisition 

Regulations, unless: 

(1) Federal law specifically authorizes a contract to be 

entered into without regard for these requirements, including 

formula grants for States, or federally recognized Indian tribes; 

or 

(2) such contract is authorized by the Indian Self-Determination and Education and Assistance Act (Public Law 93– 

638, 25 U.S.C. 450 et seq., as amended) or by any other Federal 

laws that specifically authorize a contract within an Indian 

tribe as defined in section 4(e) of that Act (25 U.S.C. 450b(e)); 

or 

(3) such contract was awarded prior to the date of enactment of this Act. 

POSTING OF REPORTS

SEC. 435. (a) Any agency receiving funds made available in 

this Act, shall, subject to subsections (b) and (c), post on the public 

website of that agency any report required to be submitted by 

the Congress in this or any other Act, upon the determination 

by the head of the agency that it shall serve the national interest. 

(b) Subsection (a) shall not apply to a report if— 

(1) the public posting of the report compromises national 

security; or 

(2) the report contains proprietary information. 

(c) The head of the agency posting such report shall do so 

only after such report has been made available to the requesting 

Committee or Committees of Congress for no less than 45 days. 

NATIONAL CONSERVATION AREA MAP AMENDMENT

SEC. 436. Section 1971(1) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 460www note; Public Law 111–11) 

is amended by striking ‘‘December 18, 2008’’ and inserting ‘‘September 20, 2009’’. 

TAR CREEK SUPERFUND SITE

SEC. 437. (a) IN GENERAL.—To expedite the cleanup of the 

Federal land and Indian land at the Tar Creek Superfund Site 

(referred to in this section as the ‘‘site’’), any purchase of chat 

Ante, p. 1075. 

Web posting. 


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123 STAT. 2966 PUBLIC LAW 111–88—OCT. 30, 2009 

(as defined in section 278.1(b) of title 40, Code of Federal Regulations (or a successor regulation)), from the site shall be— 

(1) counted at twice the purchase price of the chat; and 

(2) eligible to be counted toward meeting the federally 

required disadvantaged business enterprise set-aside on federally funded projects. 

(b) RESTRICTED INDIAN OWNERS.—Subsection (a) shall only 

apply if the purchase of chat is made from 1 or more restricted 

Indian owners or an Indian tribe. 

(c) APPLICABLE LAW.—The use of chat acquired under subsection (a) shall conform with applicable laws (including the regulations for the use of chat promulgated by the Administrator of 

the Environmental Protection Agency). 

NATIONAL ENDOWMENT FOR THE ARTS GRANT GUIDELINES

SEC. 438. Of the funds provided to the National Endowment 

for the Arts— 

(1) The Chairperson shall only award a grant to an individual if such grant is awarded to such individual for a literature fellowship, National Heritage Fellowship, or American 

Jazz Masters Fellowship. 

(2) The Chairperson shall establish procedures to ensure 

that no funding provided through a grant, except a grant made 

to a State or local arts agency, or regional group, may be 

used to make a grant to any other organization or individual 

to conduct activity independent of the direct grant recipient. 

Nothing in this subsection shall prohibit payments made in 

exchange for goods and services. 

(3) No grant shall be used for seasonal support to a group, 

unless the application is specific to the contents of the season, 

including identified programs and/or projects. 

NATIONAL ENDOWMENT FOR THE ARTS PROGRAM PRIORITIES

SEC. 439. (a) In providing services or awarding financial assistance under the National Foundation on the Arts and the Humanities Act of 1965 from funds appropriated under this Act, the 

Chairperson of the National Endowment for the Arts shall ensure 

that priority is given to providing services or awarding financial 

assistance for projects, productions, workshops, or programs that 

serve underserved populations. 

(b) In this section: 

(1) The term ‘‘underserved population’’ means a population 

of individuals, including urban minorities, who have historically 

been outside the purview of arts and humanities programs 

due to factors such as a high incidence of income below the 

poverty line or to geographic isolation. 

(2) The term ‘‘poverty line’’ means the poverty line (as 

defined by the Office of Management and Budget, and revised 

annually in accordance with section 673(2) of the Community 

Services Block Grant Act (42 U.S.C. 9902(2)) applicable to 

a family of the size involved. 

(c) In providing services and awarding financial assistance 

under the National Foundation on the Arts and Humanities Act 

of 1965 with funds appropriated by this Act, the Chairperson of 

the National Endowment for the Arts shall ensure that priority 

is given to providing services or awarding financial assistance for 

Definitions. 

Procedures. 


dkrause on GSDDPC29 with PUBLIC LAWS
PUBLIC LAW 111–88—OCT. 30, 2009 123 STAT. 2967 

projects, productions, workshops, or programs that will encourage 

public knowledge, education, understanding, and appreciation of 

the arts. 

(d) With funds appropriated by this Act to carry out section 

5 of the National Foundation on the Arts and Humanities Act 

of 1965— 

(1) the Chairperson shall establish a grant category for 

projects, productions, workshops, or programs that are of 

national impact or availability or are able to tour several States; 

(2) the Chairperson shall not make grants exceeding 15 

percent, in the aggregate, of such funds to any single State, 

excluding grants made under the authority of paragraph (1); 

(3) the Chairperson shall report to the Congress annually 

and by State, on grants awarded by the Chairperson in each 

grant category under section 5 of such Act; and 

(4) the Chairperson shall encourage the use of grants to 

improve and support community-based music performance and 

education. 

ENERGY AND WATER DEVELOPMENT, TECHNICAL CORRECTION

SEC. 440. Section 208(a)(2)(E) of the Energy and Water Development and Related Agencies Appropriations Act, 2010 is amended 

by striking ‘‘$45,000,000’’ and inserting ‘‘$5,000,000’’. 

AWARDS TO FOR-PROFIT ENTITIES

SEC. 441. Specific projects contained in the report of the Committee on Appropriations of the House of Representatives accompanying this Act (H. Rept. 111–180) that are considered congressional earmarks for purposes of clause 9 of rule XXI of the Rules 

of the House of Representatives, when intended to be awarded 

to a for-profit entity, shall be awarded under a full and open 

competition. 

PROHIBITION ON USE OF FUNDS

SEC. 442. None of the funds made available for the Environmental Protection Agency in this Act may be expended by the 

Administrator of the Environmental Protection Agency to issue 

a final rule that includes fuel sulfur standards applicable to existing 

steamships that operate exclusively within the Great Lakes, and 

their connecting and tributary waters. 

AUTHORIZATION FOR REFINANCING

SEC. 443. The Administrator of the Environmental Protection 

Agency shall allow the State of Mississippi to refinance the Clean 

Water State Revolving Loans made to the Hancock Water and 

Sewer District and the Hancock Utility Authority for a period 

not to exceed one year with the payment schedule amortized over 

that additional period. 

INCORPORATION OF CONGRESSIONALLY REQUESTED PROJECTS

SEC. 444. Within the amounts appropriated in this Act, funding 

shall be allocated in the amounts specified for those projects and 

Ante, p. 2858. 

Reports. 

Grants. 


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123 STAT. 2968 PUBLIC LAW 111–88—OCT. 30, 2009 

purposes delineated in the table titled ‘‘Incorporation of Congressionally Requested Projects’’ included in the joint explanatory statement of the managers accompanying this Act, except that such 

funding appropriated for land acquisition, construction, and capital 

improvement and maintenance may be reallocated to other projects 

in that table funded by the same appropriation account if such 

reallocation has been approved by the House and Senate Committees on Appropriations; and, such funding appropriated for 

‘‘National Park Service—Historic Preservation Fund’’ for Save 

America’s Treasures grants may be reallocated to be used for 

competitive grants under the Save America’s Treasures program 

if such reallocation has been approved by the House and Senate 

Committees on Appropriations. 

TITLE V—FLAME ACT OF 2009 

SEC. 501. SHORT TITLE. 

This title may be cited as the ‘‘Federal Land Assistance, 

Management, and Enhancement Act of 2009’’ or ‘‘FLAME Act of 

2009’’. 

SEC. 502. FLAME WILDFIRE SUPPRESSION RESERVE FUNDS. 

(a) DEFINITIONS.—In this section: 

(1) FEDERAL LAND.—The term ‘‘Federal land’’ means— 

(A) public land, as defined in section 103 of the Federal 

Land Policy and Management Act of 1976 (43 U.S.C. 1702); 

(B) units of the National Park System; 

(C) refuges of the National Wildlife Refuge System; 

(D) land held in trust by the United States for the 

benefit of Indian tribes or members of an Indian tribe; 

and 

(E) land in the National Forest System, as defined 

in section 11(a) of the Forest and Rangeland Renewable 

Resources Planning Act of 1974 (16 U.S.C. 1609(a)). 

(2) FLAME FUND.—The term ‘‘FLAME Fund’’ means a 

FLAME Wildfire Suppression Reserve Fund established by subsection (b). 

(3) RELEVANT CONGRESSIONAL COMMITTEES.—The term ‘‘relevant congressional committees’’ means the Committee on 

Appropriations, the Committee on Natural Resources, and the 

Committee on Agriculture of the House of Representatives and 

the Committee on Appropriations, the Committee on Energy 

and Natural Resources, and the Committee on Indian Affairs 

of the Senate. 

(4) SECRETARY CONCERNED.—The term ‘‘Secretary concerned’’ means— 

(A) the Secretary of the Interior, with respect to— 

(i) Federal land described in subparagraphs (A), 

(B), (C), and (D) of paragraph (1); and 

(ii) the FLAME Fund established for the Department of the Interior; and 

(B) the Secretary of Agriculture, with respect to— 

(i) National Forest System land; and 

(ii) the FLAME Fund established for the Department of the Agriculture. 

43 USC 1748a. 

43 USC 1701 

note. 

Federal Land 

Assistance, 

Management, 

and 

Enhancement 

Act of 2009. 


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PUBLIC LAW 111–88—OCT. 30, 2009 123 STAT. 2969 

(b) ESTABLISHMENT OF FLAME FUNDS.—There is established 

in the Treasury of the United States the following accounts: 

(1) The FLAME Wildfire Suppression Reserve Fund for 

the Department of the Interior. 

(2) The FLAME Wildfire Suppression Reserve Fund for 

the Department of Agriculture. 

(c) PURPOSE OF FLAME FUNDS.—The FLAME Funds shall 

be available to cover the costs of large or complex wildfire events 

and as a reserve when amounts provided for wildfire suppression 

and Federal emergency response in the Wildland Fire Management 

appropriation accounts are exhausted. 

(d) FUNDING.— 

(1) CREDITS TO FUNDS.—A FLAME Fund shall consist of 

the following: 

(A) Such amounts as are appropriated to that FLAME 

Fund. 

(B) Such amounts as are transferred to that FLAME 

Fund under paragraph (5). 

(2) AUTHORIZATION OF APPROPRIATIONS.— 

(A) AUTHORIZATION OF APPROPRIATIONS.—There are 

authorized to be appropriated to the FLAME Funds such 

amounts as are necessary to carry out this section. 

(B) CONGRESSIONAL INTENT.—It is the intent of Congress that, for fiscal year 2011 and each fiscal year thereafter, the amounts requested by the President for a FLAME 

Fund should be not less than the amount estimated by 

the Secretary concerned as the amount necessary for that 

fiscal year for wildfire suppression activities of the Secretary that meet the criteria specified in subsection 

(e)(2)(B)(i). 

(C) SENSE OF CONGRESS ON DESIGNATION OF FLAME

FUND APPROPRIATIONS, SUPPLEMENTAL FUNDING REQUEST, 

AND SUPPLEMENT TO OTHER SUPPRESSION FUNDING.—It is 

the sense of Congress that for fiscal year 2011 and each 

fiscal year thereafter— 

(i) amounts appropriated to a FLAME Fund in 

excess of the amount estimated by the Secretary concerned as the amount necessary for that fiscal year 

for wildfire suppression activities of the Secretary that 

meet the criteria specified in subsection (e)(2)(B)(i) 

should be designated as amounts necessary to meet 

emergency needs; 

(ii) the Secretary concerned should promptly make 

a supplemental request for additional funds to 

replenish the FLAME Fund if the Secretary determines 

that the FLAME Fund will be exhausted within 30 

days; and 

(iii) funding made available through the FLAME 

Fund should be used to supplement the funding otherwise appropriated to the Secretary concerned for wildfire suppression and Federal emergency response in 

the Wildland Fire Management appropriation accounts. 

(3) AVAILABILITY.—Amounts in a FLAME Fund shall 

remain available to the Secretary concerned until expended. 

(4) NOTICE OF INSUFFICIENT FUNDS.—The Secretary concerned shall notify the relevant congressional committees if 


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123 STAT. 2970 PUBLIC LAW 111–88—OCT. 30, 2009 

the Secretary estimates that only 60 days worth of funds remain 

in the FLAME Fund administered by that Secretary. 

(5) TRANSFER AUTHORITY.—If a FLAME Fund has insufficient funds, the Secretary concerned administering the other 

FLAME Fund may transfer amounts to the FLAME Fund with 

insufficient funds. Not more than $100,000,000 may be transferred from a FLAME Fund during any fiscal year under this 

authority. 

(e) USE OF FLAME FUND.— (1) IN GENERAL.—Subject to paragraphs (2) and (3), 

amounts in a FLAME Fund shall be available to the Secretary 

concerned to transfer to the Wildland Fire Management appropriation account of that Secretary to pay the costs of wildfire 

suppression activities of that Secretary that are separate from 

amounts for wildfire suppression activities annually appropriated to that Secretary under the Wildland Fire Management 

appropriation account of that Secretary. 

(2) DECLARATION REQUIRED.— 

(A) IN GENERAL.—Amounts in a FLAME Fund shall 

be available for transfer under paragraph (1) only after 

that Secretary concerned issues a declaration that a wildfire suppression event is eligible for funding from the 

FLAME Fund. 

(B) DECLARATION CRITERIA.—A declaration by the Secretary concerned under subparagraph (A) may be issued 

only if— 

(i) in the case of an individual wildfire incident— 

(I) the fire covers 300 or more acres; or 

(II) the Secretary concerned determines that 

the fire has required an emergency Federal 

response based on the significant complexity, 

severity, or threat posed by the fire to human 

life, property, or resources; or 

(ii) the cumulative costs of wildfire suppression 

and Federal emergency response activities for the Secretary concerned will exceed, within 30 days, all of 

the amounts previously appropriated (including 

amounts appropriated under an emergency designation, but excluding amounts appropriated to the 

FLAME Fund) to the Secretary concerned for wildfire 

suppression and Federal emergency response. 

(3) STATE, PRIVATE, AND TRIBAL LAND.—Use of a FLAME 

Fund for emergency wildfire suppression activities on State 

land, private land, and tribal land shall be consistent with 

any existing agreements in which the Secretary concerned has 

agreed to assume responsibility for wildfire suppression activities on the land. 

(f) TREATMENT OF ANTICIPATED AND PREDICTED ACTIVITIES.— 

For fiscal year 2011 and subsequent fiscal years, the Secretary 

concerned shall request funds within the Wildland Fire Management appropriation account of that Secretary for regular wildfire 

suppression activities that do not meet the criteria specified in 

subsection (e)(2)(B)(i). 

(g) PROHIBITION ON OTHER TRANSFERS.—The Secretary concerned may not transfer funds from non-fire accounts to the 

Wildland Fire Management appropriation account of that Secretary 

unless amounts in the FLAME Fund of that Secretary and any 

Deadline. 


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PUBLIC LAW 111–88—OCT. 30, 2009 123 STAT. 2971 

amounts appropriated to that Secretary for the purpose of wildfire 

suppression will be exhausted within 30 days. 

(h) ACCOUNTING AND REPORTS.— 

(1) ACCOUNTING AND REPORTING REQUIREMENTS.—The Secretary concerned shall account and report on amounts transferred from the respective FLAME Fund in a manner that 

is consistent with existing National Fire Plan reporting procedures. 

(2) ANNUAL REPORT.—The Secretary concerned shall submit 

to the relevant congressional committees and make available 

to the public an annual report that— 

(A) describes the obligation and expenditure of 

amounts transferred from the FLAME Fund; and 

(B) includes any recommendations that the Secretary 

concerned may have to improve the administrative control 

and oversight of the FLAME Fund. 

(3) ESTIMATES OF WILDFIRE SUPPRESSION COSTS TO IMPROVE

BUDGETING AND FUNDING.— 

(A) IN GENERAL.—Consistent with the schedule provided in subparagraph (C), the Secretary concerned shall 

submit to the relevant congressional committees an estimate of anticipated wildfire suppression costs for the 

applicable fiscal year. 

(B) INDEPENDENT REVIEW.—The methodology for developing the estimates under subparagraph (A) shall be subject to periodic independent review to ensure compliance 

with subparagraph (D). 

(C) SCHEDULE.—The Secretary concerned shall submit 

an estimate under subparagraph (A) during— 

(i) the first week of March of each year; 

(ii) the first week of May of each year; 

(iii) the first week of July of each year; and 

(iv) if a bill making appropriations for the Department of the Interior and the Forest Service for the 

following fiscal year has not been enacted by September 1, the first week of September of each year. 

(D) REQUIREMENTS.—An estimate of anticipated wildfire suppression costs shall be developed using the best 

available— 

(i) climate, weather, and other relevant data; and 

(ii) models and other analytic tools. 

(i) TERMINATION OF AUTHORITY.—The authority of the Secretary 

concerned to use the FLAME Fund established for that Secretary 

shall terminate at the end of the third fiscal year in which no 

appropriations to, or withdrawals from, that FLAME Fund have 

been made for a period of three consecutive fiscal years. Upon 

termination of such authority, any amounts remaining in the 

affected FLAME Fund shall be transferred to, and made a part 

of, the Wildland Fire Management appropriation account of the 

Secretary concerned for wildland suppression activities. 

SEC. 503. COHESIVE WILDFIRE MANAGEMENT STRATEGY. 

(a) STRATEGY REQUIRED.—Not later than one year after the 

date of enactment of this Act, the Secretary of the Interior and 

the Secretary of Agriculture, acting jointly, shall submit to Congress 

a report that contains a cohesive wildfire management strategy, 

consistent with the recommendations described in recent reports 

Deadline. 

Reports. 

43 USC 1748b. 

Estimate. 

Deadlines. 


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123 STAT. 2972 PUBLIC LAW 111–88—OCT. 30, 2009 

of the Government Accountability Office regarding management 

strategies. 

(b) ELEMENTS OF STRATEGY.—The strategy required by subsection (a) shall provide for— 

(1) the identification of the most cost-effective means for 

allocating fire management budget resources; 

(2) the reinvestment in non-fire programs by the Secretary 

of the Interior and the Secretary of Agriculture; 

(3) employing the appropriate management response to 

wildfires; 

(4) assessing the level of risk to communities; 

(5) the allocation of hazardous fuels reduction funds based 

on the priority of hazardous fuels reduction projects; 

(6) assessing the impacts of climate change on the frequency and severity of wildfire; and 

(7) studying the effects of invasive species on wildfire risk. 

(c) REVISION.—At least once during each five-year period beginning on the date of the submission of the cohesive wildfire management strategy under subsection (a), the Secretary of the Interior 

and the Secretary of Agriculture shall revise the strategy to address 

any changes affecting the strategy, including changes with respect 

to landscape, vegetation, climate, and weather. 

This division may be cited as the ‘‘Department of the Interior, 

Environment, and Related Agencies Appropriations Act, 2010’’. 

DIVISION B—FURTHER CONTINUING APPROPRIATIONS, 

2010 

SEC. 101. The Continuing Appropriations Resolution, 2010 (division B of Public Law 111–68) is amended by striking the date 

specified in section 106(3) and inserting ‘‘December 18, 2009’’. 

SEC. 102. Section 129 of the Continuing Appropriations Resolution, 2010 (division B of Public Law 111–68) is amended by striking 

‘‘2009’’ and inserting ‘‘2008’’, and such amendment shall apply as 

if included in such public law on the date of its enactment. 

SEC. 103. Subsections (c)(1) and (e)(3) of section 9503, and 

subparagraphs (A), (B), and (C) of section 9504(b)(2), of the Internal 

Revenue Code of 1986 are each amended by inserting ‘‘the last 

amendment to’’ after ‘‘on the date of the enactment of’’. 

SEC. 104. The Continuing Appropriations Resolution, 2010 (division B of Public Law 111–68) is amended by adding after section 

164 the following new sections: 

‘‘SEC. 165. In addition to amounts provided in section 101, 

amounts are provided for ‘Small Business Administration—Business 

Loans Program Account’, for the cost (as defined in section 502 

of the Congressional Budget Act of 1974) of guaranteed loans as 

authorized by section 7(a) of the Small Business Act, at a rate 

for operations of $80,000,000. 

‘‘SEC. 166. (a) LOAN LIMIT FLOOR BASED ON 2008 LEVELS.— 

For mortgages for which the mortgagee issues credit approval for 

the borrower during calendar year 2010, if the dollar amount limitation on the principal obligation of a mortgage determined under 

section 203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)) 

for any size residence for any area is less than such dollar amount 

limitation that was in effect for such size residence for such area 

for 2008 pursuant to section 202 of the Economic Stimulus Act 

of 2008 (Public Law 110–185; 122 Stat. 620), notwithstanding any 

Ante, p. 2053. 

26 USC 9503, 

9504. 

Ante, p. 2047. 

Applicability. 

Ante, p. 2045. 

Time period. 


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PUBLIC LAW 111–88—OCT. 30, 2009 123 STAT. 2973 

other provision of law or of this joint resolution, the maximum 

dollar amount limitation on the principal obligation of a mortgage 

for such size residence for such area for purposes of such section 

203(b)(2) shall be considered (except for purposes of section 255(g) 

of such Act (12 U.S.C.1715z-20(g))) to be such dollar amount limitation in effect for such size residence for such area for 2008. 

‘‘(b) DISCRETIONARY AUTHORITY FOR SUB-AREAS.—Notwithstanding any other provision of law or of this joint resolution, 

if the Secretary of Housing and Urban Development determines, 

for any geographic area that is smaller than an area for which 

dollar amount limitations on the principal obligation of a mortgage 

are determined under section 203(b)(2) of the National Housing 

Act, that a higher such maximum dollar amount limitation is warranted for any particular size or sizes of residences in such subarea by higher median home prices in such sub-area, the Secretary 

may, for mortgages for which the mortgagee issues credit approval 

for the borrower during calendar year 2010, increase the maximum 

dollar amount limitation for such size or sizes of residences for 

such sub-area that is otherwise in effect (including pursuant to 

subsection (a) of this section), but in no case to an amount that 

exceeds the amount specified in section 202(a)(2) of the Economic 

Stimulus Act of 2008. 

‘‘SEC. 167. (a) LOAN LIMIT FLOOR BASED ON 2008 LEVELS.— 

For mortgages originated during calendar year 2010, if the limitation on the maximum original principal obligation of a mortgage 

that may be purchased by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation determined 

under section 302(b)(2) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1717(b)(2)) or section 305(a)(2) of the 

Federal Home Loan Mortgage Corporation Act (12 U.S.C.1754(a)(2)) 

respectively, for any size residence for any area is less than such 

maximum original principal obligation limitation that was in effect 

for such size residence for such area for 2008 pursuant to section 

201 of the Economic Stimulus Act of 2008 (Public Law 110–185; 

122 Stat. 619), notwithstanding any other provision of law or of 

this joint resolution, the limitation on the maximum original principal obligation of a mortgage for such Association and Corporation 

for such size residence for such area shall be such maximum limitation in effect for such size residence for such area for 2008. 

‘‘(b) DISCRETIONARY AUTHORITY FOR SUB-AREAS.—Notwithstanding any other provision of law or of this joint resolution, 

if the Director of the Federal Housing Finance Agency determines, 

for any geographic area that is smaller than an area for which 

limitations on the maximum original principal obligation of a mortgage are determined for the Federal National Mortgage Association 

or the Federal Home Loan Mortgage Corporation, that a higher 

such maximum original principal obligation limitation is warranted 

for any particular size or sizes of residences in such sub-area 

by higher median home prices in such sub-area, the Director may, 

for mortgages originated during calendar year 2010, increase the 

maximum original principal obligation limitation for such size or 

sizes of residences for such sub-area that is otherwise in effect 

(including pursuant to subsection (a) of this section) for such 

Association and Corporation, but in no case to an amount that 

exceeds the amount specified in the matter following the comma 

in section 201(a)(l)(B) of the Economic Stimulus Act of 2008. 


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123 STAT. 2974 PUBLIC LAW 111–88—OCT. 30, 2009 

LEGISLATIVE HISTORY—H.R. 2996: 

HOUSE REPORTS: Nos. 111–180 (Comm. on Appropriations) and 111–316 

(Comm. of Conference). 

SENATE REPORTS: No. 111–38 (Comm. on Appropriations). 

CONGRESSIONAL RECORD, Vol. 155 (2009): 

June 25, 26, considered and passed House. 

Sept. 17, 21–24, considered and passed Senate, amended. 

Oct. 29, House and Senate agreed to conference report. 

Æ 

‘‘SEC. 168. Notwithstanding any other provision of this joint 

resolution, for mortgages for which the mortgagee issues credit 

approval for the borrower during calendar year 2010, the second 

sentence of section 255(g) of the National Housing Act (12 U.S.C. 

1715z-20(g)) shall be considered to require that in no case may 

the benefits of insurance under such section 255 exceed 150 percent 

of the maximum dollar amount in effect under the sixth sentence 

of section 305(a)(2) of the Federal Home Loan Mortgage Corporation 

Act (12 U.S.C. 1454(a)(2)). 

‘‘SEC. 169. Notwithstanding any other provision of this joint resolution, other than section 106, up to $200,000,000 of the funds 

provided by Public Law 111–8 that are available on October 1, 

2009, in the ‘Tenant-Based Rental Assistance’ account may be available to adjust allocations for public housing agencies to prevent 

termination of assistance to families.’’. 

Approved October 30, 2009. 


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