52–820 111 TH C ONGRESS R EPORT " !

HOUSE OF REPRESENTATIVES 1st Session 111–316

DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND

RELATED AGENCIES APPROPRIATIONS ACT, 2010

O CTOBER 28, 2009.—Ordered to be printed

Mr. D ICKS , from the committee of conference,

submitted the following



### CONFERENCE REPORT

[To accompany H.R 2996]

The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R. 2996), making appropriations for the Department of the Interior,environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows;That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as

follows: In lieu of the matter proposed to be inserted by the Senate amendment, insert the following:

REFERENCES

S ECTION 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 theTreasury 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

B UREAU OF L AND M ANAGEMENT

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 WildlifeFoundation for cost-shared projects supporting conservation of Bureau lands; and such funds shall be advanced to the Foundation as a lump sum grant without regard to when expenses are incurred. In addition, $45,500,000 is for the processing of applications for permit to drill and related use authorizations, to remain available until expended, to be reduced by amounts collected by the Bureau and credited to this appropriation that shall be derived from $6,500 per new application for permit to drill that the Bureau shall collect upon submission of each new application, and in addition, $36,696,000 is for Mining Law Administration program operations, including the cost of administering the mining claim fee program;to remain available until expended, to be reduced by amounts collected by the Bureau and credited to this appropriation from mining claim maintenance fees and location fees that are hereby authorizedfor fiscal year 2010 so as to result in a final appropriation estimated at not more than $959,571,000, and $2,000,000, to remainavailable until expended, from communication site rental fees established by the Bureau for the cost of administering communicationsite 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 describedin 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 therevested 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 adjacentto such grant lands; $111,557,000, to remain available until expended: Provided, That 25 percent of the aggregate of all receiptsduring the current fiscal year from the revested Oregon and California Railroad grant lands is hereby made a charge against the Oregon and California land-grant fund and shall be transferred to the General Fund in the Treasury in accordance with the second paragraph of subsection (b) of title II of the Act of August 28, 1937
(50 Stat. 876).

FOREST ECOSYSTEM HEALTH AND RECOVERY FUND

(REVOLVING FUND

, SPECIAL ACCOUNT)

In addition to the purposes authorized in Public Law 102–381, funds made available in the Forest Ecosystem Health and RecoveryFund 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 releasefrom 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 50percent 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 feesand mineral leasing receipts from Bankhead-Jones lands transferred to the Department of the Interior pursuant to law, but notless 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 copiesof official public land documents, for monitoring construction, operation, and termination of facilities in conjunction with use authorizations, and for rehabilitation of damaged property, such amounts as may be collected under Public Law 94–579, as amended, and Public Law 93–153, to remain available until expended: Provided, That, notwithstanding any provision to the contrary of section 305(a) of Public Law 94–579 (43 U.S.C. 1735(a)), any moneys that have been or will be received pursuant to that section, whether as a result of forfeiture, compromise, or settlement, if not appropriate for refund pursuant to section 305(c) of that Act (43 U.S.C. 1735(c)), shall be available and may be expended under the authority of this Act by the Secretary to improve, protect, or rehabilitate any public lands administered through the Bureau of Land Management which have been damaged by the action of a resource developer, purchaser, permittee, or any unauthorized person, without regard to whether all moneys collected from each such action are used on the exact lands damaged which led to the action: Provided further,That any such moneys that are in excess of amounts needed to repair damage to the exact land for which funds were collected may be used to repair other damaged public lands.

MISCELLANEOUS TRUST FUNDS

In addition to amounts authorized to be expended under existing laws, there is hereby appropriated such amounts as may be contributed under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and such amounts as may be advanced for administrativecosts, 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 operationsfunded 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, anddismantlement of temporary structures, and alteration and maintenance of necessary buildings and appurtenant facilities to which theUnited 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 bythe 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 andpartnership arrangements authorized by law, procure printing services from cooperators in connection with jointly produced publicaVerDate Nov 24 2008 20:32 Oct 29, 2009 Jkt 052820 PO 00000 Frm 00004 Fmt 6659 Sfmt 6603 E:\HR\OC\HR316.XXX HR316smartinez on DSKD5P82C1PROD with REPORTS5

tions for which the cooperators share the cost of printing either incash 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 reimbursablebasis. 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 saleof 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 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’’.

U

NITED S TATES F ISH AND W ILDLIFE S ERVICE

RESOURCE MANAGEMENT

For necessary expenses of the United States Fish and WildlifeService, 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 litigationsupport, for species listed pursuant to subsection (a)(1) prior to October 1, 2009: Provided further, That of the amount available forlaw 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 lawsadministered 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 environmentalcontaminants, 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, $86,340,000, to be derived from the Land and Water ConservationFund and to remain available until expended, of which, notwithstanding 16 U.S.C. 460l–9, not more than $4,000,000 shall be forland 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 forspecific 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 theFish 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 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 withapproved plans, not subject to the remaining provisions of this appropriation: Provided further, That the Secretary shall, after deducting $12,000,000 and administrative expenses, apportion the
amount provided herein in the following manner: (1) to the District of Columbia and to the Commonwealth of Puerto Rico, each a sum equal to not more than one-half of 1 percent thereof; and (2) to Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, each a sum equal to not more than one-fourth of 1 percent thereof: Provided further,That the Secretary shall apportion the remaining amount in the following manner: (1) one-third of which is based on the ratio to which the land area of such State bears to the total land area of all such States; and (2) two-thirds of which is based on the ratio to which the population of such State bears to the total population of all such States: Provided further, That the amounts apportioned under thisparagraph 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, Thatany 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 ofService 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 theirprimary 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 andpartnership arrangements authorized by law, procure printing services from cooperators in connection with jointly produced publications for which the cooperators share at least one-half the cost ofprinting either in cash or services and the Service determines the cooperator is capable of meeting accepted quality standards: Providedfurther, That the Service may accept donated aircraft as replacements for existing aircraft.

N

ATIONAL P ARK S ERVICE

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 apledge 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 recreationenhancement 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 $25,000,000shall 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 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 underthis 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 orwaters, 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 remainavailable 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 beavailable 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 fundsused to extinguish or reduce liability. Franchise fees at the benefitting unit shall be credited to the sub-account of the originating unitover 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.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 amountswhich 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.

U

NITED S TATES G EOLOGICAL S URVEY

SURVEYS

, INVESTIGATIONS

, AND RESEARCH

For expenses necessary for the United States Geological Surveyto 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; classifylands 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 fundthe 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 topay 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 shallbe available for reimbursement to the General Services Administration for security guard services; contracting for the furnishing oftopographic 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 theUnited States National Committee on Geology; and payment of compensation and expenses of persons on the rolls of the Survey dulyappointed to represent the United States in the negotiation and administration of interstate compacts: Provided, That activities funded by appropriations herein made may be accomplished through the use of contracts, grants, or cooperative agreements as defined in 31U.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.

M

INERALS M ANAGEMENT S ERVICE

ROYALTY AND OFFSHORE MINERALS MANAGEMENT

For expenses necessary for minerals leasing and environmentalstudies, regulation of industry operations, and collection of royalties, as authorized by law; for enforcing laws and regulations applicable to oil, gas, and other minerals leases, permits, licenses and operating contracts; for energy-related or other authorized marine-related purposes on the Outer Continental Shelf; and for matching grants or cooperative agreements, $175,217,000, to remain available until September 30, 2011, of which $89,374,000 shall be available for royalty management activities; and an amount not to exceed $156,730,000, to be credited to this appropriation and to remain available until expended, from additions to receipts resulting from increases to rates in effect on August 5, 1993, and from cost recovery fees: Provided, That notwithstanding 31 U.S.C. 3302, in fiscal year 2010, such amounts as are assessed under 31 U.S.C. 9701 shall be

collected and credited to this account and shall be available untilexpended 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 receiptsresulting 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 ofPublic 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 $3,000shall 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 thisheading 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 Indianallottees 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. For an additional amount, $10,000,000, to remain availableuntil 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 fromthe Oil Spill Liability Trust Fund, to remain available until expended.

ADMINISTRATIVE PROVISION

Notwithstanding the provisions of section 35(b) of the MineralLeasing 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.

O FFICE OF S URFACE M INING R ECLAMATION AND E NFORCEMENT

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 theFederal 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 providedunder this heading may be used for the travel and per diem expenses of State and tribal personnel attending Office of Surface Mining Reclamation and Enforcement sponsored training.

ADMINISTRATIVE PROVISION

With funds available for the Technical Innovation and Professional Services program in this Act, the Secretary may transfer title for computer hardware, software and other technical equipment to State and tribal regulatory and reclamation programs.

B UREAU OF I NDIAN A FFAIRS

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 EducationAmendments 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 toexceed $74,915,000 shall be for welfare assistance payments: Provided, That in cases of designated Federal disasters, the Secretary may exceed such cap, from the amounts provided herein, to provide for disaster relief to Indian communities affected by the disaster; and of which, notwithstanding any other provision of law, including but not limited to the Indian Self-Determination Act of 1975, asamended, 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 theirtribal 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 $43,373,000within and only from such amounts made available for school operations shall be available for administrative cost grants associated with ongoing grants entered into with the Bureau prior to or during fiscal year 2009 for the operation of Bureau-funded schools, and up to $500,000 within and only from such amounts made available for administrative cost grants shall be available for the transitional costs of initial administrative cost grants to grantees that assumeoperation 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 accountestablished 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 ofthe 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 fiscalyear 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, theSecretary 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 aschedule 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 thedate of enactment of this Act, any grantee receiving funds appropriated in this Act or in any prior Act, has not completed the planning and design phase of the project and commenced construction: Provided further, That this appropriation may be reimbursed from the Office of the Special Trustee for American Indians appropriation for the appropriate share of construction costs for space expansion needed in agency offices to meet trust reform implementation.

INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS

PAYMENTS TO INDIANS

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

INDIAN 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: Providedfurther, 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 directexpenditure 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 availableto the Bureau of Indian Affairs for central office oversight and Executive Direction and Administrative Services (except executive direction and administrative services funding for Tribal Priority Allocations, regional offices, and facilities operations and maintenance) shall be available for contracts, grants, compacts, or cooperative agreements with the Bureau of Indian Affairs under the provisions of the Indian Self-Determination Act or the Tribal Self-Governance Act of 1994 (Public Law 103–413). In the event any tribe returns appropriations made available bythis 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 availableto 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 orapproved by the Secretary of the Interior at each school in the Bureau school system as of October 1, 1995. Funds made available under this Act may not be used to establish a charter school at a Bureau-funded school (as that term is defined in section 1146 of the Education Amendments of 1978 (25 U.S.C. 2026)), except that a charter school that is in existence on the date of the enactment of this Act and that has operated at a Bureau-funded school before September 1, 1999, may continue to operate during that period, but only if the charter school pays to the Bureau a pro rata share of funds to reimburse the Bureau for the use of the real and personal property (including buses and vans), the funds of the charter school are kept separate and apart from Bureau funds, and the Bureau does not assume any obligation for charter school programs of the State in which the school is located if the charter school loses such funding. Employees of Bureau-funded schools sharing a campus


with a charter school and performing functions related to the charter schools operation and employees of a charter school shall not be treated as Federal employees for purposes of chapter 171 of title 28,

United States Code. Notwithstanding any other provision of law, including section 113 of title I of appendix C of Public Law 106–113, if in fiscal year 2003 or 2004 a grantee received indirect and administrative costs pursuant to a distribution formula based on section 5(f) of Public Law 101–301, the Secretary shall continue to distribute indirect andadministrative cost funds to such grantee using the section 5(f) distribution formula.

D EPARTMENTAL O FFICES

O FFICE OF THE S ECRETARY

SALARIES AND EXPENSES

For necessary expenses for management of the Department of the Interior, $118,836,000; of which not to exceed $25,000 may be for official reception and representation expenses; and of which up to $1,000,000 shall be available for workers compensation paymentsand 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 administrativeexpenses 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 fiscalyears 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 anindividual 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.

I

NSULAR A FFAIRS

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 territorialand local governments herein provided for, including such transactions of all agencies or instrumentalities established or used bysuch 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 tothose 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 DevelopmentCouncil: Provided further, That of the amounts provided for technical assistance, sufficient funding shall be made 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, thatare 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 inGuam, and such funds shall remain available until expended: ProVerDate Nov 24 2008 20:32 Oct 29, 2009 Jkt 052820 PO 00000 Frm 00018 Fmt 6659 Sfmt 6603 E:\HR\OC\HR316.XXX HR316smartinez on DSKD5P82C1PROD with REPORTS19

vided, 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 maybe 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) ofthe 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.

O FFICE OF THE S OLICITOR

SALARIES AND EXPENSES

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

O FFICE OF I NSPECTOR G ENERAL

SALARIES AND EXPENSES

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

O FFICE OF THE S PECIAL T RUSTEE FOR A MERICAN I NDIANS

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 transferredto 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 contractoror 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 beenfurnished 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 tocorrect administrative errors of either disbursements from or deposits to Individual Indian Money or Tribal accounts after September30, 2002: Provided further, That erroneous payments that are recovered shall be credited to and remain available in this account for this purpose.

D EPARTMENT

- WIDE P ROGRAMS

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, ofwhich 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 fromwhich funds were previously transferred for such purposes: Provided further, That persons hired pursuant to 43 U.S.C. 1469 maybe 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 toprovide that protection, and are available without fiscal year limitation: Provided further, That using the amounts designated underthis 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 monitoringassociated with such hazardous fuels reduction activities, on Federal land, or on adjacent non-Federal land for activities that benefitresources 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 onby the affected parties: Provided further, That notwithstanding requirements of the Competition in Contracting Act, the Secretary, forpurposes 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 withState, 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 theauthorities provided herein: Provided further, That funds appropriated under this head may be used to reimburse the United StatesFish 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 withlocal 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 transferof 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 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 andany 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 oras 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 availableuntil 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, Thatthe 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 orprofessional services of the National Indian Program Training Center to State, local and tribal government employees or persons or organizations engaged in cultural, educational, or recreational activities (as defined in 40 U.S.C. 3306(a)) at the prevailing rate for similar space, facilities, equipment, or services in the vicinity of the National Indian Program Training Center: Provided further, That allfunds 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.

G

ENERAL P ROVISIONS , D EPARTMENT OF THE I NTERIOR

(INCLUDING TRANSFERS OF FUNDS)

EMERGENCY TRANSFER AUTHORITY

—

INTRA

- BUREAU

S EC . 101. Appropriations made in this title shall be available for expenditure or transfer (within each bureau or office), with theapproval of the Secretary, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities orequipment 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 theDepartment 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

S EC . 102. The Secretary may authorize the expenditure or transfer of any no year appropriation in this title, in addition to the


amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of wildland fires on or threatening lands under the jurisdiction of the Department of the Interior; for the emergency rehabilitation of burned-over lands under its jurisdiction; for emergency actions related to potential or actual earthquakes, floods, volcanoes, storms, or other unavoidable causes; for contingency planning subsequent to actual oil spills; for response and natural resource damage assessment activities related to actual oil spills; for the prevention, suppression, and control of actual or potential grasshopper and Mormon cricket outbreaks onlands 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 inthe event a primacy State is not carrying out the regulatory provisions of the Surface Mining Act: Provided, That appropriations made in this title for wildland fire operations shall be available for the payment of obligations incurred during the preceding fiscalyear, 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 shallbe 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

S EC . 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 notto 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 bythe 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

S EC . 104. Appropriations made in this Act under the headingsBureau 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 acVerDate Nov 24 2008 20:32 Oct 29, 2009 Jkt 052820 PO 00000 Frm 00023 Fmt 6659 Sfmt 6603 E:\HR\OC\HR316.XXX HR316smartinez on DSKD5P82C1PROD with REPORTS24

tivities. Total funding for historical accounting activities shall not exceed amounts specifically designated in this Act for such purpose.

REDISTRIBUTION OF FUNDS

S EC . 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, overlappingservice areas or inaccurate distribution methodologies, the 10 percent limitation does not apply.

TWIN CITIES RESEARCH CENTER

S EC . 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 anysuch 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

S EC . 107. The Secretary of the Interior may use discretionary funds to pay private attorney fees and costs for employees andformer employees of the Department of the Interior reasonably incurred in connection with Cobell v. Salazar to the extent that suchfees 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 ofthe highest hourly rate approved by the District Court for the District of Columbia for counsel in Cobell v. Salazar.

MASS MARKING OF SALMONIDS

S EC . 108. The United States Fish and Wildlife Service shall, incarrying out its responsibilities to protect threatened and endangered species of salmon, implement a system of mass marking ofsalmonid 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. Markedfish must have a visible mark that can be readily identified by commercial and recreational fishers.

ELLIS

, GOVERNORS

, AND LIBERTY ISLANDS

S EC . 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 supVerDate Nov 24 2008 20:32 Oct 29, 2009 Jkt 052820 PO 00000 Frm 00024 Fmt 6659 Sfmt 6603 E:\HR\OC\HR316.XXX HR316smartinez on DSKD5P82C1PROD with REPORTS25

port 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

S EC . 110. (a) Any proposed new use of the Arizona & California Railroad Company’s Right of Way for conveyance of water shall notproceed unless the Secretary of the Interior certifies that the proposed new use is within the scope of the Right of Way. (b) No funds appropriated or otherwise made available to the Department of the Interior may be used, in relation to any proposal to store water underground for the purpose of export, for approval of any right-of-way or similar authorization on the Mojave NationalPreserve 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

S EC . 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

S EC . 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

S EC . 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 regardto 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

S EC . 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 ordevelopment of coal, any other solid mineral, or any geothermal reVerDate Nov 24 2008 20:32 Oct 29, 2009 Jkt 052820 PO 00000 Frm 00025 Fmt 6659 Sfmt 6603 E:\HR\OC\HR316.XXX HR316smartinez on DSKD5P82C1PROD with REPORTS26

source 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 gaslease, 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

S EC . 115. (a) In fiscal year 2010, the Minerals Management Service (MMS) shall collect a non-refundable inspection fee, whichshall be deposited in the ‘‘Royalty and Offshore Minerals Management’’ account, from the designated operator for facilities subject toinspection 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

S EC . 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

S EC . 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

S EC . 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

S EC . 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

S EC . 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) R EQUIREMENTS FOR I NCLUSION AND R EMOVAL OF P ROP

-

ERTY IN H ERITAGE A REA .— ‘‘(1) P RIVATE 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) P ROPERTY REMOVAL .— ‘‘(A) P RIVATE PROPERTY .—At the request of an owner of private property included in the Heritage Area pursuant to paragraph (1), the private property shall be immediatelywithdrawn from the Heritage Area if the owner of the property provides to the management entity a written notice requesting removal. ‘‘(B) P UBLIC PROPERTY.—On written notice from the appropriate State or local government entity, public propertyincluded in the Heritage Area shall be immediately withdrawn from the Heritage Area.’’.

PEARL HARBOR NAVAL COMPLEX

, JOINT TICKETING

S EC . 121. (a) D EFINITIONS .—In this section: (1) H ISTORIC 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) M ONUMENT .—The term ‘‘Monument’’ means the World War II Valor in the Pacific National Monument in the State of

Hawaii. (3) S ECRETARY .—The term ‘‘Secretary’’ means the Secretary of the Interior. (4) V ISITOR 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) F ACILITATION OF A DMISSION TO H ISTORIC A TTRACTIONS W

ITHIN P EARL H ARBOR N AVAL C OMPLEX .— (1) I N 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) T ERMS 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 areasonable fee to recover administrative costs of the Secretary associated with the use of the Visitor Center for public access and ticket sales; (B) shall ensure that the liability of the United States is limited with respect to any liability arising from— (i) the admission of the public through the Visitor Center to a historic attraction; and(ii) the sale or issuance of any tickets to the historic attraction; and (C) may include any other terms and conditions that the Secretary determines to be appropriate.
(3) U SE OF FEES .—The proceeds of any amounts collected as fees under paragraph (2)(A) shall remain available, withoutfurther appropriation, for use by the Secretary for the Monument. (4) L IMITATION 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) P ROTECTION OF RESOURCES .—Nothing in this section authorizes the Secretary or any organization that administersor 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

S EC . 122. (a) I N G ENERAL .—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 theGovernment of Palau (48 U.S.C. 1931 note) (referred to in this section as the ‘‘Compact’’).
(b) P ROGRAMMATIC A SSISTANCE .—Subject to subsection (c), theUnited 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) L IMITATIONS ON A SSISTANCE .—


(1) I N GENERAL .—The grants and programmatic assistance provided under subsections (a) and (b) shall be provided to thesame extent and in the same manner as the grants and assistance were provided in fiscal year 2009. (2) T RUST FUND .—If the Government of Palau withdraws more than $5,000,000 from the trust fund established under section 211(f) of the Compact, amounts to be provided under subsections (a) and (b) shall be withheld from the Government of Palau.

GOLDEN GATE NATIONAL RECREATION AREA

, FORT BAKER

AMENDMENT

S EC . 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

S EC . 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, notwithstandingany 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 aperiod of 10 years from November 30, 2012: Provided, That such extended authorization is subject to annual payments to the UnitedStates 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

S EC . 125. (a) I N G ENERAL .—The Secretary of the Interior (referred to in this section as the ‘‘Secretary’’) shall conduct a specialresource 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) G UIDELINES .—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) C ONSULTATION .—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) T HEMES .—The study shall evaluate the Honouliuli Gulch, associated sites located on Oahu, and other islands located in the State of Hawaii with respect to— (1) the significance of the site as a component of World War
II; (2) the significance of the site as the site related to the forcible internment of Japanese Americans, European Americans, and other individuals; and
(3) historic resources at the site.
(e) R EPORT .—Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on NaturalResources 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

S EC . 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

S EC . 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

S EC . 128. Notwithstanding any other law, the Secretary of the Interior shall install in the area of the World War II Memorial inthe 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 Secretaryshall 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 theplaque, 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

S EC . 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

S EC . 130. Notwithstanding section 8903(e) of title 40, UnitedStates Code, the authority provided by Public Law 107–62 and Public Law 107–315 shall continue to apply through September 30,

2010.

TITLE II

ENVIRONMENTAL PROTECTION AGENCY

S CIENCE AND T ECHNOLOGY

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.

E

NVIRONMENTAL P ROGRAMS AND M ANAGEMENT

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 forofficial 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.

O FFICE OF I NSPECTOR G ENERAL

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.

B UILDINGS AND F ACILITIES

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.


H

AZARDOUS S UBSTANCE S UPERFUND

(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 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.

L EAKING U NDERGROUND S TORAGE T ANK T RUST F UND P ROGRAM

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 availableuntil 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 InternalRevenue Code, as amended: Provided, That the Administrator is authorized to use appropriations made available under this headingto implement section 9013 of the Solid Waste Disposal Act to provide financial assistance to federally recognized Indian tribes for thedevelopment and implementation of programs to manage underground storage tanks.

O IL S PILL R ESPONSE

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.

S TATE AND T RIBAL A SSISTANCE G RANTS

For environmental programs and infrastructure assistance, including capitalization grants for State revolving funds and performance partnership grants, $4,970,223,000, to remain available untilexpended, 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 theState 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 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 tothe 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 prioritylist 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 waterquality 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 of1980 (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 programsupport 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 provisionsset 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 carryout 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 befor grants to States under section 2007(f)(2) of the Solid Waste Disposal Act, as amended: Provided further, That notwithstanding section 603(d)(7) of the Federal Water Pollution Control Act, the limitation on the amounts in a State water pollution control revolving fund that may be used by a State to administer the fund shall not apply to amounts included as principal in loans made by such fund in fiscal year 2010 and prior years where such amounts represent costs of administering the fund to the extent that such amounts areor 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 forany fiscal year under section 319 of that Act to make grants to federally recognized Indian tribes pursuant to sections 319(h) and518(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 SafeDrinking 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 FederalWater 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 theClean 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 thisappropriations 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 additionalcolonia 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.

A DMINISTRATIVE P ROVISIONS , E NVIRONMENTAL P ROTECTION A GENCY

(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 Federalenvironmental 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 inimplementing 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 fourthparagraph 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 Agreementprograms, 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 activitiesfunded 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 fromamounts 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 ofthe 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 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 withassistance 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

F OREST S ERVICE

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 restoringand 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 WaterConservation 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 availableuntil 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, 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, andadoption 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 ofbuildings 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 qualityproblems in streams and water bodies which support threatened, endangered or sensitive species or community water sources: Providedfurther, 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: Providedfurther, 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 threatsto 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 theGeneral 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 theCache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland National Forests, California, as authorized by law, $1,050,000, to be derived from forest receipts.

ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

For acquisition of lands, such sums, to be derived from funds deposited by State, county, or municipal governments, public schooldistricts, 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, andimprovement, 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) ofPublic 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 onor 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 Systemlands 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 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, $11,600,000is 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, asamended (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 providedin this Act for that purpose: Provided further, That of the funds provided for hazardous fuels reduction, $10,000,000 shall be depositedin 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 discretionof 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 ofthe 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 CommunityForest Restoration Act, Public Law 106–393, title VI, shall be availVerDate Nov 24 2008 20:32 Oct 29, 2009 Jkt 052820 PO 00000 Frm 00039 Fmt 6659 Sfmt 6603 E:\HR\OC\HR316.XXX HR316smartinez on DSKD5P82C1PROD with REPORTS40

able 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 transferof 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 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 yearshall be available for: (1) purchase of passenger motor vehicles; acquisition of passenger motor vehicles from excess sources, and hireof 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, existingaircraft being replaced may be sold, with proceeds derived or tradein 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 thereinpursuant 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 forforest firefighting, emergency rehabilitation of burned-over or damaged lands or waters under its jurisdiction, and fire preparednessdue 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 Developmentin 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 outsidethe United States and its territories and possessions, including technical assistance, education and training, and cooperation with United States and international organizations. None of the funds made available to the Forest Service in this Act or any other Act with respect to any fiscal year shall be subject to transfer under the provisions of section 702(b) of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public Law 106–224 (7 U.S.C. 7772), or section 10417(b) of Public
Law 107–107 (7 U.S.C. 8316(b)).None of the funds available to the Forest Service may be reprogrammed without the advance approval of the House and SenateCommittees 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 ForestService shall be transferred to the Working Capital Fund of the Department of Agriculture and not more than $19,825,000 of fundsavailable 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 requestedby 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 carriedout 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 availableto 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 Foundationshall 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, Thatthe Foundation may transfer Federal funds to Federal or a nonFederal 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 theNational Fish and Wildlife Foundation in a lump sum to aid costshare conservation projects, without regard to when expenses are incurred, on or benefitting National Forest System lands or related to Forest Service programs: Provided, That such funds shall be matched on at least a one-for-one basis by the Foundation or its sub-recipients: Provided further, That the Foundation may transfer Federal funds to a Federal or non-Federal recipient for a project at the same rate that the recipient has obtained the non-Federal matching funds. Funds appropriated to the Forest Service shall be available forinteractions 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

I

NDIAN H EALTH S ERVICE

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 availableto 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 tribeor tribal organization without fiscal year limitation: Provided further, That $779,347,000 for contract medical care, including $48,000,000 for the Indian Catastrophic Health Emergency Fund, shall remain available until expended: Provided further, That$18,251,000 is provided for Headquarters operations and information technology activities and, notwithstanding any other provision of law, the amount available under this proviso shall be allocatedat the discretion of the Director of the Indian Health Service: Provided further, That of the funds provided, up to $32,000,000 shallremain 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 forthe 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, theamounts 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 Servicesunder the authority of title IV of the Indian Health Care Improvement Act shall remain available until expended for the purpose ofachieving compliance with the applicable conditions and requirements of titles XVIII and XIX of the Social Security Act, except forthose 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 (25U.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 andtribal 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 tribesand 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 collectfrom the Indian Health Service, tribes and tribal organizations operating health facilities pursuant to Public Law 93–638, such individually identifiable health information relating to disabled children as may be necessary for the purpose of carrying out its functions under the Individuals with Disabilities Education Act (20 U.S.C. 1400, et seq.): Provided further, That the Indian Health Care Improvement Fund may be used, as needed, to carry out activities typically funded under the Indian Health Facilities account.

INDIAN HEALTH FACILITIES

For construction, repair, maintenance, improvement, and equipment of health and related auxiliary facilities, including quarters for personnel; preparation of plans, specifications, and drawings; acquisition of sites, purchase and erection of modular buildings,and purchases of trailers; and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act, and the Indian Health Care Improvement Act, and for expenses necessary to carry out such Acts and titles II and III of the Public Health Service Act with respect to environmental health and facilities support activities of the Indian Health Service, $394,757,000, to remain available until expended: Provided, That notwithstanding any other provision of law, funds appropriated for the planning, design, construction, renovation or expansion of health facilities for the benefit of an Indian tribe or tribes may beused 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 Serviceand 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 DemolitionFund, 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 ofpassenger motor vehicles and aircraft; purchase of medical equipment; purchase of reprints; purchase, renovation and erection of modular buildings and renovation of existing facilities; paymentsfor 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 careat all tribally administered or Indian Health Service facilities, subject to charges, and the proceeds along with funds recovered under the Federal Medical Care Recovery Act (42 U.S.C. 2651–2653) shall be credited to the account of the facility providing the service and shall be available without fiscal year limitation. Notwithstanding any other law or regulation, funds transferred from the Department of Housing and Urban Development to the Indian Health Serviceshall 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 Servicein 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 theHouse 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 thefunds 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 servicesprovided 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.

N

ATIONAL I NSTITUTES OF H EALTH

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

For necessary expenses for the National Institute of Environmental Health Sciences in carrying out activities set forth in section311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and section 126(g) of the Superfund Amendments and Reauthorization Act of 1986, $79,212,000.

A GENCY FOR T OXIC S UBSTANCES AND D ISEASE R EGISTRY

TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

For necessary expenses for the Agency for Toxic Substances andDisease 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), asamended; 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 Substanceand 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 ATSDRmay conduct other appropriate health studies, evaluations, or activities, including, without limitation, biomedical testing, clinical evaluations, medical monitoring, and referral to accredited health careproviders: 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

E

XECUTIVE O FFICE OF THE P RESIDENT

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 ReorgaVerDate Nov 24 2008 20:32 Oct 29, 2009 Jkt 052820 PO 00000 Frm 00046 Fmt 6659 Sfmt 6603 E:\HR\OC\HR316.XXX HR316smartinez on DSKD5P82C1PROD with REPORTS47

nization 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.

C

HEMICAL S AFETY AND H AZARD I NVESTIGATION B OARD

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.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, alsohold the position of Inspector General of the Board: Provided further, That notwithstanding any other provision of law, the InspectorGeneral 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 alternativechemicals or processes and an examination of the cost of alternatives at the Bayer CropScience facility in Institute, West Virginia.

O FFICE OF N AVAJO AND H OPI I NDIAN R ELOCATION

SALARIES AND EXPENSES

For necessary expenses of the Office of Navajo and Hopi IndianRelocation as authorized by Public Law 93–531, $8,000,000, to remain available until expended: Provided, That funds provided inthis or any other appropriations Act are to be used to relocate eligible individuals and groups including evictees from District 6, Hopipartitioned 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 approvedhomesite on the Navajo reservation or selected a replacement resiVerDate Nov 24 2008 20:32 Oct 29, 2009 Jkt 052820 PO 00000 Frm 00047 Fmt 6659 Sfmt 6603 E:\HR\OC\HR316.XXX HR316smartinez on DSKD5P82C1PROD with REPORTS48

dence off the Navajo reservation or on the land acquired pursuant

to 25 U.S.C. 640d–10.

I

NSTITUTE OF A MERICAN I NDIAN AND A LASKA N ATIVE C ULTURE AND A RTS D EVELOPMENT

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.

S MITHSONIAN I NSTITUTION

SALARIES AND EXPENSES

For necessary expenses of the Smithsonian Institution, as authorized by law, including research in the fields of art, science, andhistory; development, preservation, and documentation of the National Collections; presentation of public exhibits and performances; collection, preparation, dissemination, and exchange of informationand 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 whichnot to exceed $19,117,000 for the instrumentation program, collections acquisition, exhibition reinstallation, the National Museum ofAfrican 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 maybe 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 theSmithsonian Institution, $30,000,000, to remain available until exVerDate Nov 24 2008 20:32 Oct 29, 2009 Jkt 052820 PO 00000 Frm 00048 Fmt 6659 Sfmt 6603 E:\HR\OC\HR316.XXX HR316smartinez on DSKD5P82C1PROD with REPORTS49

pended, 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 aredesignated 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 thisappropriation may be made available to the Smithsonian Institution incrementally as private funding becomes available: Provided further, That any other provision of law that adjusts the overall amount of the Federal appropriation for this account shall also apply to the privately contributed requirement: Provided further,That the unobligated balances provided under this heading in Public Law 110–161 and Public Law 111–8 are hereby rescinded.

N

ATIONAL G ALLERY OF A RT

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 whichnot 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 CFR52.232.18: Provided further, That contracts awarded for environVerDate Nov 24 2008 20:32 Oct 29, 2009 Jkt 052820 PO 00000 Frm 00049 Fmt 6659 Sfmt 6603 E:\HR\OC\HR316.XXX HR316smartinez on DSKD5P82C1PROD with REPORTS50

mental 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.

J

OHN F. K ENNEDY C ENTER FOR THE P ERFORMING A RTS

OPERATIONS AND MAINTENANCE

For necessary expenses for the operation, maintenance and security of the John F. Kennedy Center for the Performing Arts,$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.

W

OODROW W ILSON I NTERNATIONAL C ENTER FOR S CHOLARS

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.

N

ATIONAL F OUNDATION ON THE A RTS AND THE H UMANITIES

N

ATIONAL E NDOWMENT FOR THE A RTS

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 thesupport 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.

N

ATIONAL E NDOWMENT FOR THE H UMANITIES

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 availVerDate Nov 24 2008 20:32 Oct 29, 2009 Jkt 052820 PO 00000 Frm 00050 Fmt 6659 Sfmt 6603 E:\HR\OC\HR316.XXX HR316smartinez on DSKD5P82C1PROD with REPORTS51

able 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 Endowmentunder the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal years for which equal amounts have not previously been appropriated.

ADMINISTRATIVE PROVISIONS

None of the funds appropriated to the National Foundation on the Arts and the Humanities may be used to process any grant or contract documents which do not include the text of 18 U.S.C. 1913: 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 delegationof authority from the National Council on the Arts to the Chairperson.

C OMMISSION OF F INE A RTS

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 anoffsetting 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.

A DVISORY C OUNCIL ON H ISTORIC P RESERVATION

SALARIES AND EXPENSES

For necessary expenses of the Advisory Council on HistoricPreservation (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.


N

ATIONAL C APITAL P LANNING C OMMISSION

SALARIES AND EXPENSES

For necessary expenses, as authorized by the National CapitalPlanning 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.

U

NITED S TATES H OLOCAUST M EMORIAL M USEUM

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.

P

RESIDIO T RUST

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.

D WIGHT D. E ISENHOWER M EMORIAL C OMMISSION

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

S EC . 401. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuantto 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

S EC . 402. No part of any appropriation contained in this Act shall be available for any activity or the publication or distributionof 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.

OBLIGATION OF APPROPRIATIONS

S EC . 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

S EC . 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

S EC . 405. Estimated overhead charges, deductions, reserves or holdbacks from programs, projects, activities and subactivities tosupport government-wide, departmental, agency or bureau administrative functions or headquarters, regional or central operationsshall 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

S EC . 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

S EC . 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

S EC . 408. (a) L IMITATION OF F UNDS .—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) E XCEPTIONS .—The provisions of subsection (a) shall not apply if the Secretary of the Interior determines that, for the claim concerned: (1) a patent application was filed with the Secretary on or before September 30, 1994; and (2) all requirements established


under sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims and sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337 of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the case may be, were fully complied with by the applicant by that date.
(c) R EPORT.—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 reporton 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) M INERAL E XAMINATIONS .—In order to process patent applications in a timely and responsible manner, upon the request of apatent 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 shallhave the sole responsibility to choose and pay the third-party contractor in accordance with the standard procedures employed by theBureau of Land Management in the retention of third-party contractors.

CONTRACT SUPPORT COSTS

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

FOREST MANAGEMENT PLANS

S EC . 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.

PROHIBITION WITHIN NATIONAL MONUMENTS

S EC . 411. No funds provided in this Act may be expended to conduct preleasing, leasing and related activities under either theMineral 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

S EC . 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 reciprocalagreements in which the individuals furnished under said agreements to provide wildfire services are considered, for purposes oftort 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 assumeany 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 forfurnishing 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 suppressionor 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

S EC . 413. In awarding a Federal contract with funds madeavailable by this Act, notwithstanding Federal Government procurement and contracting laws, the Secretary of Agriculture and the Secretary of the Interior (the ‘‘Secretaries’’) may, in evaluating bids


and proposals, give consideration to local contractors who are from,and who provide employment and training for, dislocated and displaced workers in an economically disadvantaged rural community, including those historically timber-dependent areas that have been affected by reduced timber harvesting on Federal lands and otherforest-dependent rural communities isolated from significant alternative employment opportunities: Provided, That notwithstandingFederal Government procurement and contracting laws the Secretaries may award contracts, grants or cooperative agreements tolocal 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 hazardousfuels reduction, watershed or water quality monitoring or restoration, wildlife or fish population monitoring, or habitat restorationor 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

S EC . 414. Unless otherwise provided herein, no funds appropriated in this Act for the acquisition of lands or interests in landsmay 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 fundsappropriated for Federal assistance to the State of Florida to acquire lands for Everglades restoration purposes.

HUNTERS POINT ENVIRONMENTAL CLEANUP

S EC . 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 theDepartment of the Navy for clean-up activities at the Treasure Island Naval Station—Hunters Point Annex.

EXTENSION OF GRAZING PERMITS

S EC . 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

S EC . 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’’.

NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS AUTHORIZATION

S EC . 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

S EC . 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

S EC . 420. Section 339(h) of the Department of the Interior and Related Agencies Appropriations Act, 2000, as amended, concerninga 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

S EC . 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 issurplus 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 to Alaska or to contiguous 48 United States domestic processors may be exported to foreign markets if the Forest Servicedetermines 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

S EC . 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 cooperativeforestry agreements known as the Colorado Good Neighbor Act Authority is amended by striking ‘‘September 30, 2009’’ and inserting ‘‘September 30, 2013’’.

GEOTHERMAL ENERGY RECEIPTS

S EC . 423. All monies received by the United States in fiscal year2010 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

S EC . 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 emissionsresulting from biological processes associated with livestock production.

GREENHOUSE GAS REPORTING RESTRICTIONS

S EC . 425. Notwithstanding any other provision of law, none of the funds made available in this or any other Act may be used toimplement 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

S EC . 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.


PROHIBITION ON USE OF FUNDS

S EC . 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

S EC . 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, intothe continental United States, Alaska, Hawaii, or the District of Columbia, into any of the United States territories of Guam, AmericanSamoa (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 June24, 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 Commonwealthof 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 June24, 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 Commonwealthof 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 planshall 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 mightadvocate, 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 UnitedStates 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). (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 (togetherwith 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 NavalStation, Guantanamo Bay, Cuba, as of June 24, 2009, to the country of such individual’s nationality or last habitual residence or toany 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

S EC . 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;


(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

S EC . 430. (a) As soon as practicable after the date of enactmentof this Act, the Administrator of the Environmental Protection Agency (referred to in this section as the ‘‘Administrator’’) is encouragedto 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) oftitle 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 LiabilityAct of 1980 (42 U.S.C. 9601 et seq.) that includes permanent relocation of residents of Treece, Kansas, any such relocation shall not besubject 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 EnvironmentalProtection 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

S EC . 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) A UTHORITY OF SECRETARY .—To carry out a cooperativeagreement 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

S EC . 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’’.

CABIN USER FEES

S EC . 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

S EC . 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 137of 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

S EC . 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 onlyafter 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

S EC . 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

S EC . 437. (a) I N G ENERAL .—To expedite the cleanup of the Federal land and Indian land at the Tar Creek Superfund Site (referred to in this section as the ‘‘site’’), any purchase of chat (as defined in section 278.1(b) of title 40, Code of Federal Regulations (or a successor regulation)), from the site shall be— (1) counted at twice the purchase price of the chat; and


(2) eligible to be counted toward meeting the federally required disadvantaged business enterprise set-aside on federally funded projects.
(b) R ESTRICTED I NDIAN O WNERS .—Subsection (a) shall onlyapply if the purchase of chat is made from 1 or more restricted Indian owners or an Indian tribe.
(c) A PPLICABLE L AW.—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

S EC . 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 usedto 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

S EC . 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 thatpriority 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 populationof individuals, including urban minorities, who have historically been outside the purview of arts and humanities programsdue 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 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 forprojects, 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

S EC . 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

S EC . 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 afor-profit entity, shall be awarded under a full and open competition.

PROHIBITION ON USE OF FUNDS

S EC . 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

S EC . 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

S EC . 444. Within the amounts appropriated in this Act, funding shall be allocated in the amounts specified for those projects andpurposes delineated in the table titled ‘‘Incorporation of Congressionally Requested Projects’’ included in the joint explanatory stateVerDate Nov 24 2008 20:32 Oct 29, 2009 Jkt 052820 PO 00000 Frm 00064 Fmt 6659 Sfmt 6603 E:\HR\OC\HR316.XXX HR316smartinez on DSKD5P82C1PROD with REPORTS65

ment 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 inthat 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 competitivegrants 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) D EFINITIONS .—In this section:
(1) F EDERAL 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 insection 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 aFLAME Wildfire Suppression Reserve Fund established by subsection (b).
(3) R ELEVANT 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) S ECRETARY 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 Agriculture.
(b) E STABLISHMENT OF FLAME F UNDS .—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) P URPOSE OF FLAME F UNDS .—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 andFederal emergency response in the Wildland Fire Management appropriation accounts are exhausted.
(d) F UNDING .— (1) C REDITS 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) A UTHORIZATION OF APPROPRIATIONS .— (A) A UTHORIZATION OF APPROPRIATIONS .—There are authorized to be appropriated to the FLAME Funds such amounts as are necessary to carry out this section.
(B) C ONGRESSIONAL 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) S ENSE OF CONGRESS ON DESIGNATION OF FLAME

FUND APPROPRIATIONS

, SUPPLEMENTAL FUNDING REQUEST

, AND SUPPLEMENT TO OTHER SUPPRESSION FUNDING .—It isthe 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 makea 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 FLAMEFund 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) A VAILABILITY.—Amounts in a FLAME Fund shall remain available to the Secretary concerned until expended.
(4) N OTICE OF INSUFFICIENT FUNDS .—The Secretary concerned shall notify the relevant congressional committees if the Secretary estimates that only 60 days worth of funds remain in the FLAME Fund administered by that Secretary.
(5) T RANSFER AUTHORITY.—If a FLAME Fund has insufficient funds, the Secretary concerned administering the other


FLAME Fund may transfer amounts to the FLAME Fund withinsufficient funds. Not more than $100,000,000 may be transferred from a FLAME Fund during any fiscal year under this authority.
(e) U SE OF FLAME F UND .— (1) I N GENERAL .—Subject to paragraphs (2) and (3), amounts in a FLAME Fund shall be available to the Secretaryconcerned 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 fromamounts for wildfire suppression activities annually appropriated to that Secretary under the Wildland Fire Management appropriation account of that Secretary.
(2) D ECLARATION REQUIRED .— (A) I N 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) D ECLARATION 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 thatthe 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 suppressionand Federal emergency response activities for the Secretary concerned will exceed, within 30 days, all of the amounts previously appropriated (including amountsappropriated under an emergency designation, but excluding amounts appropriated to the FLAME Fund) to the Secretary concerned for wildfire suppression and Federal emergency response.
(3) S TATE

, 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 hasagreed to assume responsibility for wildfire suppression activities on the land. (f) T REATMENT OF A NTICIPATED AND P REDICTED A CTIVITIES .—For fiscal year 2011 and subsequent fiscal years, the Secretary concerned shall request funds within the Wildland Fire Managementappropriation account of that Secretary for regular wildfire suppression activities that do not meet the criteria specified in subsection
(e)(2)(B)(i). (g) P ROHIBITION ON O THER T RANSFERS .—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 amounts appropriated to that Secretary for the purpose of wildfire suppression will be exhausted within 30 days.


(h) A CCOUNTING AND R EPORTS .— (1) A CCOUNTING AND REPORTING REQUIREMENTS .—The Secretary concerned shall account and report on amounts transferred from the respective FLAME Fund in a manner that isconsistent with existing National Fire Plan reporting procedures. (2) A NNUAL 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) E STIMATES OF WILDFIRE SUPPRESSION COSTS TO IM

-

PROVE BUDGETING AND FUNDING .— (A) I N 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) I NDEPENDENT REVIEW.—The methodology for developing the estimates under subparagraph (A) shall be subject to periodic independent review to ensure compliance with subparagraph (D). (C) S CHEDULE .—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) R EQUIREMENTS .—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) T ERMINATION OF A UTHORITY.—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 havebeen 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) S TRATEGY R EQUIRED .—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 areport that contains a cohesive wildfire management strategy, consistent with the recommendations described in recent reports of the Government Accountability Office regarding management strategies.


(b) E LEMENTS OF S TRATEGY.—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) R EVISION.—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

S EC . 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’’.

S EC . 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.

S EC . 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’’.

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

‘‘S EC . 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 502of 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.

‘‘S EC . 166. (a) L OAN L IMIT F LOOR B ASED ON 2008 L EVELS .—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 anysize residence for any area is less than such dollar amount limitation that was in effect for such size residence for such area for 2008pursuant to section 202 of the Economic Stimulus Act of 2008 (Public Law 110–185; 122 Stat. 620), notwithstanding any 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) D ISCRETIONARY A UTHORITY FOR S UB -A REAS .—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 dollaramount limitations on the principal obligation of a mortgage are determined under section 203(b)(2) of the National Housing Act, that a higher such maximum dollar amount limitation is warranted for any particular size or sizes of residences in such sub-area by highermedian 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 dollaramount limitation for such size or sizes of residences for such subarea 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.

‘‘S EC . 167. (a) L OAN L IMIT F LOOR B ASED ON 2008 L EVELS .—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 AssociationCharter 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) D ISCRETIONARY A UTHORITY FOR S UB -A REAS .—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 limitationson 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 anyparticular size or sizes of residences in such sub-area by higher median home prices in such sub-area, the Director may, for mortgagesoriginated 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.


‘‘S EC . 168. Notwithstanding any other provision of this jointresolution, 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)).

‘‘S EC . 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.’’. And the Senate agree to the same.

D AVID R. O BEY

, N ORMAN D. D ICKS

, J AMES P. M ORAN

, A LAN B. M OLLOHAN

, B EN C HANDLER

, M AURICE D. H INCHEY

, J OHN W. O LVER

, E D P ASTOR

, D AVID E. P RICE

, Managers on the Part of the House.

D IANNE F EINSTEIN

, R OBERT C. B YRD

, P ATRICK J. L EAHY

, B YRON L. D ORGAN

, B ARBARA A. M IKULSKI

, H ERB K OHL

, T IM J OHNSON

, J ACK R EED

, B EN N ELSON

, J ON T ESTER

, D ANIEL K. I NOUYE

, L AMAR A LEXANDER

, T HAD C OCHRAN

, R OBERT F. B ENNETT

, J UDD G REGG

, L ISA M URKOWSKI

, S USAN M. C OLLINS

, Managers on the Part of the Senate.


CONFERENCE

The managers on the part of the House and the Senate at theconference on disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 2996), making appropriationsfor the Department of the Interior, Environment and Related Agencies for the fiscal year ending September 30, 2010, and for other purposes, submit the following joint statement to the House and the Senate in explanation of the effect of the action agreed uponby the managers and recommended in the accompanying conference report. The conference agreement on H.R. 2996 incorporates some of the provisions of both the House and the Senate versions of thebill. Report language and allocations set forth in either House Report 111–180 or Senate Report 111–38 that are not changed by theconference are approved by the committee of conference. The statement of the managers, while repeating some report language foremphasis, does not negate the language referenced above unless expressly provided herein. Except as expressly provided otherwise, any reference to ‘‘this Act’’ or ‘‘at the end of this statement’’ shall be treated as referring only to the provisions of this division.

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

2010

REPROGRAMMING GUIDELINES

The following are the procedures governing reprogramming actions for programs and activities funded in the Department of the Interior, Environment and Related Agencies Appropriations Act. Definitions. —‘‘Reprogramming,’’ as defined in these procedures, includes the reallocation of funds from one budget activity, budget line-item or program area, to another within any appropriation

funded in this Act. In cases where either the House or Senate Committee report displays an allocation of an appropriation below thoselevels, that more detailed level shall be the basis for reprogramming. For construction, land acquisition and forest legacy accounts, areprogramming constitutes the reallocation of funds, including unobligated balances, from one construction, land acquisition, or forest legacy project to another such project. The construction, land acquisition and forest legacy projects and amounts identified in the ‘‘Incorporation of Congressionally Requested Projects’’ table at the end of this statement of managers may be reprogrammed, but only pursuant to Section 444 of this Act.


A reprogramming shall also consist of any significant departure from the program described in the agency’s budget justifications. This includes proposed reorganizations, especially those of significant national or regional importance, even without a change in funding. Any change to the organization table presented in the budget justification shall be subject to this requirement. General Guidelines for Reprogramming.

— (a) A reprogramming should be made only when an unforeseen situation arises; and then only if postponement of the project or the activity until the next appropriation year would result in actual loss or damage.(b) Any project or activity, which may be deferred through reprogramming, shall not later be accomplished by means of further reprogramming; but, instead, funds should again be sought for thedeferred project or activity through the regular appropriations process. (c) Except under the most urgent situations, reprogrammingshould not be employed to initiate new programs or increase allocations specifically denied or limited by Congress, or to decrease allocations specifically increased by the Congress.(d) Reprogramming proposals submitted to the House and Senate Committees on Appropriations for approval shall be considered approved 30 calendar days after receipt if the Committees have posed no objection. However, agencies will be expected to extend the approval deadline if specifically requested by either Committee. Criteria and Exceptions. —A reprogramming must be submitted to the Committees in writing prior to implementation if it exceeds $1,000,000 annually or results in an increase or decrease of more than 10 percent annually in affected programs, with the following exceptions: (a) With regard to the Tribal priority allocations of the Bureau of Indian Affairs, there is no restriction on reprogrammings among these programs. However, the Bureau shall report on all reprogrammings made during a given fiscal year no later than 60 days after the end of the fiscal year. (b) With regard to the Environmental Protection Agency, Stateand Tribal Assistance Grants account, the Committee does not require reprogramming requests associated with States and Tribes Partnership Grants.

Assessments. —‘‘Assessment’’ as defined in these proceduresshall refer to any charges, reserves, or holdbacks applied to a budget activity or budget line item for costs associated with generalagency administrative costs, overhead costs, working capital expenses, or contingencies. (a) No assessment shall be levied against any program, budgetactivity, subactivity, budget line item, or project funded by the Interior, Environment, and Related Agencies Appropriations Act unless such assessment and the basis therefore are presented to the Committees on Appropriations in the budget justifications and are subsequently approved by the Committees. The explanation for any assessment in the budget justification shall show the amount of the assessment, the activities assessed, and the purpose of the funds.(b) Proposed changes to estimated assessments, as such estimates were presented in annual budget justifications, shall be subVerDate Nov 24 2008 20:32 Oct 29, 2009 Jkt 052820 PO 00000 Frm 00074 Fmt 6601 Sfmt 6601 E:\HR\OC\HR316.XXX HR316smartinez on DSKD5P82C1PROD with REPORTS75

mitted through the reprogramming process and shall be subject to the same dollar and reporting criteria as any other reprogramming. (c) The Committees direct that each agency or bureau whichutilizes assessments shall submit an annual report to the Committees which provides details on the use of all funds assessed from any other budget activity, line item, subactivity, or project. (d) In no case shall contingency funds or assessments be usedto finance projects and activities disapproved or limited by Congress, or to finance programs or activities that could be foreseen and included in the normal budget review process. Quarterly Reports. —All reprogrammings between budget activities, budget line-items, program areas or the more detailed activity levels shown in the Statement of the Managers, includingthose below the monetary thresholds established above, shall be reported to the Committees within 60 days of the end of each quarter and shall include cumulative totals for each budget activity, budget line item, or construction, land acquisition, or forest legacy project. Land Acquisitions, Easements, and Forest Legacy. —Lands shall not be acquired for more than the approved appraised value (as addressed in section 301(3) of Public Law 91–646), unless such acquisitions are submitted to the Committees on Appropriations for approval in compliance with these procedures. Land Exchanges. —Land exchanges, wherein the estimated value of the Federal lands to be exchanged is greater than $1,000,000, shall not be consummated until the Committees have had a 30-day period in which to examine the proposed exchange. In addition, the Committee shall be provided advance notification of exchanges valued between $500,000 and $1,000,000. Budget Structure. —The budget activity or line item structure for any agency appropriation account shall not be altered withoutadvance approval of the House and Senate Committees on Appropriations. Report Language. —Any limitation or directive contained in either the House or Senate report which is not contradicted by the other report nor specifically denied in the conference report shall be considered as having been approved by both Houses of Congress.

RENEWABLE ENERGY AND PUBLIC LANDS

The conferees understand that renewable energy will becomea more significant source of power for the Nation and that the Department of the Interior and the Forest Service will play a prominent role in its development. However, the conferees are concerned about the impacts these projects may have on the landscape andwater resources, particularly those for wind and solar power. Proposed solar projects can each cover several square miles and the newest wind turbines are over 500 feet tall. Appropriate siting of these projects and cost-appropriate size limitations are critical to ensuring that the pristine landscapes, limited water resources, and magnificent views of the country’s public lands and coastlines are protected. Accordingly, within 180 days of enactment, the conferees direct the Department of the Interior to submit a report in consultation with the Forest Service on the criteria used for siting renewable energy projects, including the extent to which protection of scenic


landscapes, ridgetops, water resources, habitat including that for endangered species, and shorelines will be considered. The reportshould also provide a detailed strategic plan on how the Department and the Forest Service will coordinate the development of such projects, particularly in areas where there is mixed ownership or management by the Department of the Interior, Forest Service, Department of Defense, and non-Federal landowners. Additionally, the report should identify specifically what areas of the public

lands and the Outer Continental Shelf will be considered forprojects based on: (1) their potential for renewable energy generation; (2) what additional transmission lines will be necessary to connect these new sources of power to the energy grid; (3) where these transmission lines will be placed; (4) the methodology to be used to limit the size of solar troughs and photovoltaic facilities, and (5) the impact on water resources. The report should also include an analysis of the useful life ofrenewable energy sites and provide an explanation of how the infrastructure will be removed from the public lands when it is no longer functional. The conferees believe that some mechanism, suchas a bond put forth by the permittees, should be utilized by the Department and the Forest Service so that the government does not have to pay for the removal of these large facilities after they are no longer viable.The Department of the Interior and Forest Service should consult with the Congress on a regular basis as they proceed with thedevelopment of policies and the preparation of environmental documents and permitting of renewable energy projects. The conferees believe that renewable energy developers should have less difficulty permitting their projects on disturbed private lands than on pristine public lands, in order to facilitate greater species protection and stewardship of public resources and public lands. The conferees recommend that the Secretary evaluate whether a cooperative agreement with States under Section 6 of the Endangered Species Act, the establishment of a Section 4(d) rule under the same Act, or the creation of a template ‘‘general habitat conservation plan’’ would improve the permitting process for solar projects on private lands in the California desert.

GLOBAL CLIMATE CHANGE SCIENCE AND ADAPTATION

The conference agreement includes a major investment in science and management related to impacts of global warming. Overall, the bill provides over $400,000,000, including funds for theDepartment of the Interior climate change initiative and substantial investments at the Environmental Protection Agency, Forest Service, and Smithsonian Institution. The conference agreementsupports direction provided by both the House and the Senate regarding this issue. This includes the need for a national strategy for dealing with climate change, as well as continued development of the National Climate Change and Wildlife Science Center at the U.S. Geological Survey as a model for further implementation of an integrated approach to climate change science and adaptation by the Interior Department bureaus. The conference agreement also includes a provision in Section 426 requiring a detailed report onthe Administration’s obligations, expenditures and activities reVerDate Nov 24 2008 20:32 Oct 29, 2009 Jkt 052820 PO 00000 Frm 00076 Fmt 6601 Sfmt 6601 E:\HR\OC\HR316.XXX HR316smartinez on DSKD5P82C1PROD with REPORTS77

garding climate change programs. The conferees expect that the next budget request will include cross-cutting tables for all Federalclimate change related activities including climate change observation, science, and management implementation of adaptation and mitigation. The conferees note the previous direction provided within the fiscal year 2009 appropriations act directing the Secretary of the Interior to develop a national strategy to assist fish, wildlife,plants, and associated ecological processes in becoming more resilient, adapting to, and surviving the impacts of climate change. Thisconference agreement provides ample funds to accomplish substantial scientific and management activities, but this needs to be done within the context of an integrated approach among the various Federal departments, States, Tribes and other institutions. The conferees urge the Council on Environmental Quality, working closely with the Department of the Interior as the lead department, to develop a national, government-wide strategy to address climateimpacts on fish, wildlife, plants, and associated ecological processes. It should provide that there is integration, coordination, and public accountability to ensure efficiency and avoid duplication. The conferees expect to receive a timeline and a blueprint for the completion of such a national strategic planning effort, as well as regular updates as progress is made. The conferees are encouraged by aspects of the recent Interior Department Secretarial Order addressing the impacts of climatechange on America’s water, land and other natural and cultural resources, as well as the draft Fish and Wildlife Service nationalstrategy for climate change adaptation, mitigation and engagement. However, it is essential that further departmental implementation of the Secretary’s order on climate change build upon the successful National Climate Change and Wildlife Science Center (NCCWSC) and its approach to provide regional science applicationcenters focused on fauna, flora and ecological processes as previously described in Congressional direction and the budget request. The future identity and activities of the NCCWSC must bedistinct and accountable, while also working with other departmental and national efforts on climate change science and applications.

LAND ACQUISITION

The conferees are concerned that lands acquired with funds appropriated via the Land and Water Conservation Fund are being,or have been, made available for uses inconsistent with the recreation, conservation or public access for which they were purchased. Accordingly, the conferees direct the Secretary of the Interior andthe Secretary of Agriculture to notify the House and Senate Committees on Appropriations before any land use or management decision is made that will change the use of the land from conservation or recreational use. Additionally, the conferees encourage the Secretaries of Agriculture and Interior to include land acquisitionprojects that provide increased access to our Federally-owned public lands to provide opportunities for the public to recreate and enjoy our nation’s natural resources.


The conferees direct the agencies to use inholdings funding to acquire high priority lands that are threatened by development and are partially or entirely bordered by land currently owned by the Federal government. The conferees have been advised that each of the land management agencies has unique inholding acquisition policies and practices that have not been coordinated with each of the other agencies. It is the intention of the conferees that therebe a single set of policies for implementing Land and Water Conservation Fund acquisitions to the maximum extent possible.Therefore, the Secretaries of the Interior and Agriculture are directed to jointly examine the policies and practices of each landmanagement agency and submit a report on findings and recommendations to the House and Senate Committees on Appropriations by June 30, 2010.The conferees continue to be concerned about the delays in obtaining adequate appraisals for acquisition of Federal lands. Consistent with the language included in the House report, the conferees direct the Department of the Interior to revisit the Department-wide appraisal services consolidation and immediately address the undue delays in obtaining appraisals for Federal land acquisition projects.

TITLE I—DEPARTMENT OF THE INTERIOR

B UREAU OF L AND M ANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES

(INCLUDING RESCISSION OF FUNDS)

The conference agreement provides $958,571,000 for Manage- ment of Lands and Resources instead of $950,496,000 as proposedby the House and $965,721,000 as proposed by the Senate. The detailed allocation of funding by activity for this account is included

in the table at the end of the statement. In addition to the directions provided in the House and Senate committee reports, the conference agreement also provides the following directions: Range Management. —Within the funds provided for range management, the agreement designates $1,000,000 to help reducethe backlog in grazing permits. The conferees recognize that the increasing numbers of expiring permits, increased costs for processing, and litigation, has resulted in a significant backlog and workload in processing permits. This funding should be targeted to those areas where litigation is causing significant delays. Cultural Resources Management. —The conference agreement includes $500,000 above the request for cultural resource activities in wilderness lands as authorized by the Omnibus Public LandsAct of 2009. The Senate had recommended $1,000,000 for this activity. Wild Horse and Burro Management. —The conference agreement provides $63,986,000 for wild horse and burro management, an increase of $23,373,000 above the fiscal year 2009 level. This is a 58 percent increase, by far the largest increase ever provided forthis program. The conference agreement requires the Bureau to follow the Senate direction for this program. The conferees note that the bill language proposed by the Senate within administrative


provisions provides that funds shall not be available for the destruction of healthy, unadopted, wild horses and burros in the care of the BLM or its contractors, or for the sale of wild horses andburros that results in their destruction for processing into commercial products. Wildlife Management. —Within the funds provided for wildlife management, the conference agreement includes increases of $500,000 each above the request for the general wildlife and plant conservation programs as was proposed by the House. Threatened and Endangered Species Management. —The conference agreement includes the Senate-proposed additions of $200,000 for the general program and $300,000 for redband trout

and salmon habitat assessment and restoration in Nevada. Realty and Ownership Management. —The conference agree- ment includes the Senate proposed additions of $100,000 for the general cadastral survey program and $300,000 for the Utah Rural Cadastral Data Program.The conferees strongly encourage the BLM to apply the necessary resources to complete landscape scale assessments by the end of fiscal year 2010 on the Mojave Basin and Range, Central Basin and Range, Sonoran Desert, and the Colorado Plateau. Theseassessments should, at a minimum, include spatial analyses of priority conservation areas, renewable energy potential, invasive species, and wildfires.

Resource Protection and Maintenance. —The conference agree- ment includes a $500,000 increase for law enforcement and theSenate proposed addition of $1,000,000 for travel and transportation plans for lands authorized by the Omnibus Public Lands Act

of 2009.

National Monuments and Conservation Areas. —The conference agreement includes a $2,500,000 general program increase abovethe request for national monuments and conservation area management. Bill Language. —The conference agreement includes a $1,000,000 rescission of funds provided in fiscal year 2009 for oilshale core samples; this project was accomplished from other funding sources. A technical change is included to correct language regarding mining claim maintenance fees and location fees.

CONSTRUCTION

The conference agreement includes the funds requested for Construction, plus additions recommended by the Senate of $36,000 for architectural and engineering services and $2,000,000for the California National Historic Trail visitor center interpretative displays in Nevada. The funding includes:

State Project Amount

AK ........................ Anchorage Field Office—Campbell Airstrip Safety Fencing .............................................. ... $190,000

AZ ........................ Gila District—Browning Ranch House Preservation ...................................................... ....... 124,000

AZ ........................ Lake Havasu—Partners Point Waterline ................................................................. .............. 110,000

CA ........................ California Radio Fencing and Grounding Improvement ................................................... ..... 537,000

CA ........................ Hollister Field Office—El Toro Creek Parking Project ................................................. ......... 1,209,000

CA ........................ Barstow—Sawtooth Campground and Trail ................................................................ ......... 541,000

CO ....................... Grand Junction Field Office—Bridgeport Access Trail ................................................... ...... 176,000

ID ......................... Salmon Field Office—Lemhi River Total Maximum Daily Load Road Maintenance ............ 1,588,000

ID ......................... Salmon Field Office—Sharkey Hot Springs Renovation .................................................. ..... 287,000


State Project Amount

NV ........................ California National Historic Trail Interpretive Center ............................................... ............ 2,000,000

UT ........................ Salt Lake District—Five Mile Pass Recreation Site Facility ........................................... ..... 362,000

UT ........................ West Desert District—Knolls Facility ................................................................. ................... 381,000

UT ........................ Pelican Lake Recreation Site Reconstruction .......................................................... .............. 697,000

Subtotal, projects .......................................................................................................... 8,2 02,000

Architectural and engineering services ................................................................................. 424,000

Total .......................................................................................................................... .... 8,626,000

LAND ACQUISITION

The conference agreement includes $29,650,000 instead of $26,529,000 as proposed by the House and $28,650,000 as proposed by the Senate. The conference agreement includes the following

distribution of funds:

State Project Amount

CA ........................ California Wilderness ................................................................................ ............................. $1,500,000

CA ........................ Johnson Canyon Area of Critical Environmental Concern ................................................ ..... 1,500,000

CA ........................ King Range National Conservation Area ................................................................ ............... 2,000,000

CA ........................ Lacks Creek Area of Critical Environmental Concern ................................................... ........ 750,000

CA ........................ Santa Rosa and San Jacinto Mountains National Monument .............................................. 5 00,000

CA ........................ Upper Sacramento River Area of Critical Environmental Concern ....................................... 2 ,800,000

MT ....................... Blackfoot River Special Recreation Management Area .................................................... ..... 4,500,000

MT ....................... Meeteetsee Spires Area of Critical Environmental Concern .............................................. ... 1,500,000

NM ....................... La Cienega Area of Critical Environmental Concern/El Camino Real De Tierra Adento National Historic Trail. 3,000,000

NM ....................... Lesser Prairie Chicken Habitat Area of Critical Environmental Concern ............................. 1,50 0,000

OR ....................... Cascade-Siskiyou National Monument .................................................................... .............. 1,000,000

OR ....................... Sandy River/Oregon National Historic Trail ............................................................ ............... 2,100,000

WY ....................... Craig Thomas Little Mountain Special Management Area .................................................. . 2,000,000

Subtotal, Line Item Projects ......................................................................................... 24,650,000

Acquisition Management ....................................................................................................... 2, 000,000

Inholdings, Emergencies, and Hardships .............................................................................. 3,000,000

Total, BLM Land Acquisition ........................................................................................ 29,650,000

Bill Language .—The conference agreement includes bill lan- guage making available $2,000,000 for the Upper Snake/SouthFork River Area of Critical Environmental Concern/Special Resource Management Area from funds appropriated in FY 2009 forthe Henry’s Lake Area of Critical Environmental Concern, as proposed by the Senate.

OREGON AND CALIFORNIA GRANT LANDS

The conference agreement provides $111,557,000 as requested and proposed by both the House and the Senate for Oregon andCalifornia Grant Lands. The detailed allocation of funding by activity is included in the table at the end of the statement.

FOREST ECOSYSTEM HEALTH AND RECOVERY FUND

(REVOLVING FUND

, SPECIAL ACCOUNT)

The conference agreement includes language, as in the past, allowing funds made available in the Forest Ecosystem Health and Recovery Fund to be used for various forestry purposes including planning, preparing, implementing and monitoring salvage timber


sales and forest ecosystem restoration activities. This authority is extended through fiscal year 2015 as proposed by the House.

RANGE IMPROVEMENTS

The conference agreement includes an indefinite appropriationof not less than $10,000,000 to be derived from public lands receipts and Bankhead-Jones Farm Tenant Act lands grazing receipts. This was requested and was proposed by both the House and the Senate. Receipts are used for construction, purchase, andmaintenance of range improvements, such as seeding, fence construction, weed control, water development, fish and wildlife habitat improvement, and planning and design of these projects.

SERVICE CHARGES

, DEPOSITS

, AND FORFEITURES

The conference agreement includes an indefinite appropriationestimated to be $31,255,000 for Service Charges, Deposits, and Forfeitures as requested and proposed by both the House and the Senate. The appropriation is offset with fees collected under specified sections of the Federal Land Policy and Management Act of 1976 and other Acts to pay for reasonable administrative and other

costs.

MISCELLANEOUS TRUST FUNDS

The conference agreement includes an indefinite appropriationestimated to be $20,130,000 for Miscellaneous Trust Funds as requested and proposed by both the House and the Senate.

ADMINISTRATIVE PROVISIONS

The conference agreement includes the Administrative Provisions as requested, and includes two additional items proposed by the Senate. The first provides authority for the BLM to carry out operations by direct expenditure, contracts, grants, cooperative agreements and reimbursable agreements with public and privateentities. The second provides that appropriations shall not be available for destruction of healthy, unadopted, wild horses and burros

in the care of the BLM or its contractors or for the sale of wild horses and burros that results in their destruction for processing into commercial products. The agreement also includes a technicalcorrection to a minor amendment made in fiscal year 2009 regarding mining claim maintenance and location fees.

U NITED S TATES F ISH AND W ILDLIFE S ERVICE

RESOURCE MANAGEMENT

The conference agreement includes $1,269,406,000 instead of $1,248,756,000 as proposed by the House and $1,244,386,000 as
proposed by the Senate. The detailed allocation of funding by program area and activity is included in the table at the end of the

statement. In addition to the directions included in the House and Senate Committee reports, the conference agreement includes the following directions:


Ecological Services. —The conference agreement includes $311,227,000 instead of $295,127,000 as proposed by the House and $305,677,000 as proposed by the Senate. Within the funds provided for the listing program there is $11,632,000 for critical habitat and $10,471,000 for listing. Within the funds for candidate conservation, there is $1,000,000 for sage grouse conservation in Idaho and a general increase of $1,000,000. There is an increase in the consultation program of $2,500,000 forincreased monitoring and record-keeping pursuant to recommendations by the GAO. Within the funds for the recovery program, there is $3,000,000 for responding to the State of the Birds report, $1,000,000 for thelivestock loss demonstration program, $1,900,000 for increased research and monitoring on white nose syndrome in bats, $350,000for Lahontan cutthroat trout restoration, $1,500,000 for endangered species grants to be administered by the National Fish and Wildlife Foundation, $350,000 for sea eider conservation efforts, $500,000 for whooping crane breeding facilities in Louisiana, and an increase of $200,000 for additional wolf monitoring in western

States.The conferees support the requested funding for aplomado falcon and California condor recovery. The Service is encouraged to continue to support these ongoing, successful recovery efforts. The conferees intend that the funding included for the State of the Birds report be used to begin to initiate actions in response to the recently published multi-agency report, The State of the Birds, United States of America, 2009 . This report provides a comprehensive overview of the crises and challenges confronting birds in every part of the country. The situation for native birds in Hawaii is particularly dire. Seventy-one known species of Hawaiian birds have gone extinct. Predator control and habitat preservation arecritical to the survival of the 31 species of endangered birds remaining in Hawaii. The conferees therefore recommend that a significant portion of this funding be used to develop a comprehensivestrategy, hire staff, and begin on the ground projects to recover endangered and threatened bird species in Hawaii. The conference agreement includes $1,000,000 for the WolfLivestock Loss Demonstration Project as authorized by the Omnibus Public Lands Management Act of 2009. These funds will beused to provide grants to States and Indian Tribes to assist livestock producers in undertaking proactive, non-lethal activities to reduce the risk of livestock loss due to predation by wolves, and to compensate livestock producers, as appropriate, for livestock losses due to such predation. This is a new demonstration program and the conferees encourage the agencies to act quickly to implement the program.The Service should implement program guidelines that establish criteria for the disbursal of funds to ensure that the funds are spent efficiently and effectively with a minimum potential for waste and abuse. The Service should consult with representatives from the relevant agencies and key stakeholders to create the guidelines. The guidelines should ensure that each participatingState/Tribe allocates money evenly between compensation and nonlethal activities specified in the Act and, in order to work towards


reducing depredations overall, that only livestock owners who demonstrate reasonable use of nonlethal methods will remain eligiblefor compensation after one initial incident of reimbursable depredation. The conferees recommend $1,900,000 for research, monitoring, and related activities to respond to the massive mortality in batsfrom white nose syndrome (WNS) in the northeastern and Appalachian States. This is an increase of $1,400,000 over the Senate proposed amount. WNS is spreading rapidly and poses threats ofextinction to several bat species. The Service is spearheading efforts to better understand this deadly disease and learn how to limit its spread, working in conjunction with the U.S. Geological Survey, National Park Service, U.S. Forest Service, State and local partners, scientists, caving groups and conservation organizations. Within the funds for the partners for fish and wildlife program, there is $6,000,000 for climate change projects, $1,000,000 for invasive species management in Hawaii, $350,000 for the NaturalResources Economic Enterprises Program at Mississippi State University, $500,000 for milfoil control in Maine lakes, and $500,000 for stream bank restoration in Georgia. Within the funds provided, the conferees have included$750,000 for the Secretary of the Interior to contract with the National Academy of Sciences to conduct studies in support of sustainable water and environmental management of the Sacramento-San Joaquin Delta in California. A study shall be completed no laterthan March 15, 2010, addressing questions drafted by the Secretary on the subjects of (1) whether the science supports the assumptions and conclusions in the biological opinions regarding the Bureau of Reclamation operations in the Central Valley, and (2) whether lesser restrictions on pumping could avoid jeopardy to the species. There are program increases of $1,000,000 for the coastal pro- gram, $250,000 for the national wetlands inventory and $500,000 for the environmental contaminants program. National Wildlife Refuge System .—The conference agreement provides $503,279,000 for the National Wildlife Refuge System as proposed by the House, instead of $488,629,000 as proposed by the

Senate.Within the funds provided for the refuge system there are increases over the request of $16,000,000 for wildlife and habitat management, $1,000,000 for the volunteer program, $2,000,000 for refuge law enforcement, and $1,000,000 for conservation planning. Within the funding provided for refuge system maintenance, there is a $2,000,000 increase for annual maintenance and a $2,000,000 decrease for deferred maintenance. Within the funds provided for wildlife and habitat management, the Service is directed to provide $1,200,000 for invasive rat eradication on Palmyra Atoll to protect native bird populations.

The conferees remain concerned about the situation on the southwest border and encourage the Service to direct a portion of

the increase for law enforcement to the southwest. The conferees are concerned that the Service is not dedicating sufficient resources to the management of the new marine nationalmonuments and urge the Service to increase resources for manVerDate Nov 24 2008 20:32 Oct 29, 2009 Jkt 052820 PO 00000 Frm 00083 Fmt 6601 Sfmt 6601 E:\HR\OC\HR316.XXX HR316smartinez on DSKD5P82C1PROD with REPORTS84

aging the monuments and partnering with other Federal, international, and private entities.Migratory Bird Management, Law Enforcement, and International Affairs. —The conference agreement provides $134,743,000 for migratory bird management, law enforcement and international affairs instead of $133,593,000 as proposed by the House and $133,573,000 as proposed by the Senate. Within the funds provided for migratory birds, law enforce- ment and international programs, there are increases of $500,000for new urban treaties as a part of the Department-wide youth initiative, $1,000,000 for joint ventures under the North AmericanWaterfowl Management Plan, $2,000,000 for law enforcement operations, $1,000,000 for the wildlife without borders program, and $150,000 for the Caddo Lake Ramsar Center. The increase for joint ventures is intended to provide all approved joint ventures with sufficient base funding. The conferees are aware of the impacts of the chytrid diseaseon amphibian species worldwide. Amphibian species are disappearing at over 200 times their historic rate. The conferees urge the Service to use a portion of the increase provided for the wildlifewithout borders program to work with the international conservation community to establish conservation and captive breeding programs as well as to support the development and testing of novelmethods to combat amphibian chytrid to conserve the most imperiled of these species.

Fisheries. —The conference agreement provides $148,345,000 for the fisheries program instead of $144,195,000 as proposed by the House and $143,695,000 as proposed by the Senate. Within the funds provided for fisheries and aquatic resource conservation, there is: $2,150,000 to conduct scientific review of the Klamath, North Coast, and Central Valley hatchery operations in California; $1,000,000 for mass marking fisheries in the Great Lakes; $500,000 general increase for fish hatchery operations;$500,000 for native freshwater mussel recovery; $1,300,000 to establish a Fisheries Resource Office in West Virginia to focus on aquatic species restoration and management in the Appalachian Highlands; $2,000,000 to control the spread of and eradicate invasive quagga and zebra mussels; and $200,000 for sea otter and

Steller sea lion conservation in Alaska.The conference agreement includes $2,000,000 above the President’s request for the Service to respond to the urgent nationwide problem of invasive mussels entering lakes and rivers in the U.S.These mussels crowd out native species and encrust any hard surface, including municipal water supply pipes and boat motors. They are easily spread by watercraft from one location to another and are nearly impossible to eradicate once established. For example, the infestation of quagga mussels in Lake Mead was first found in 2007. The number of quagga mussels has grown to 3 trillion since then and is likely irreversible. Today, infestation by quagga and zebra mussels and Asian clams is threatening the pristine waters of Lake Tahoe. The introduction of these aquatic nuisance speciesto the Lake Tahoe region could have devastating effects to the regional economy, including effects on recreation, tourism, property values, and other infrastructure. Therefore, the conferees strongly


encourage the Service to devote a significant portion of the increase to the study, construction, staffing, and other expenses necessaryfor watercraft inspection and decontamination stations to be located away from boat and vessel ramps at Lake Tahoe, Echo Lake,and Fallen Leaf Lake. The conferees recommend that such inspection and decontamination stations be located on each of the sevenroads leading to the Lake Tahoe region. Further, the conferees believe that the Service should increase its coordination with local, State and Federal entities, including the U.S. Forest Service, to prevent quagga mussels and other aquatic invasive species from entering the Lake Tahoe ecosystem. Climate Change Adaptive Science. —The conference agreementincludes $20,000,000 for climate change adaptive science, as proposed by both the House and the Senate. The conferees have included the requested funding for climate change activities. Consistent with language included elsewhere in this statement, the Service is directed to implement its climatechange activities, including the landscape conservation cooperatives, within the scope of the Service’s national strategy for climate change, the Secretary’s order on climate change, and the National Climate Change and Wildlife Science Center in the U.S. GeologicalSurvey. Additionally, the Service should fully integrate these activities with other Federal agencies, States, Tribes and other partners. General Administration. —The conference agreement provides $152,812,000 for general administration as proposed by the Senate instead of $153,562,000 as proposed by the House. Within the funds provided for general administration there is an increase of $750,000 for necessary maintenance at the National Conservation Training Center. Funding for the National Fish and Wildlife Foundation is $7,537,000 as proposed by the Senate. Sale of Surplus Property .—The conference agreement includes the proposed reduction of $1,000,000 due to the sale of surplus

property.

CONSTRUCTION

The conference agreement includes $37,439,000 instead of $21,139,000 as proposed by the House and $39,741,000 as proposed by the Senate. The conference agreement includes the following

distribution of funds:

State Project Amount

National Wildlife Refuge

Projects:

CA .......................... Don Edwards San Francisco Bay National Wildlife Refuge—Salt Pond Restoration $4,000,000

GU ......................... Guam National Wildlife Refuge, Invasive Species Fence Construction ..................... 866,000

HI ........................... Kilauea Point National Wildlife Refuge—Lighthouse Repair ..................................... 1,000 ,000

1IN ......................... Big Oaks National Wildlife Refuge, Old Timbers Dam Rehabilitation ....................... 100,000

MN ......................... Fergus Falls Wetland Management District, Stang Lake Dam .................................. 175,000

MS ......................... Theodore Roosevelt National Wildlife Refuge—Visitor Center/Office ........................ 2,000,000

OK .......................... Wichita Mountains Wildlife Refuge, Lake Rush Dam ................................................ 4,1 00,000

WA ......................... Turnbull National Wildlife Refuge, Lower Pine Lake Dam ......................................... 250,0 00

WV ......................... Canaan Valley National Wildlife Refuge—Trails ....................................................... 850,000

WV ......................... Ohio River Islands National Wildlife Refuge—Erosion Control ................................. 800,000

Mult. ...................... National Wildlife Refuge System Visitor Facility Enhancements ............................... 3,000,00 0

Mult. ...................... National Wildlife Refuge System Green Energy Projects ............................................ 2,0 00,000


State Project Amount

National Fish Hatchery

Projects:

AZ .......................... Willow Beach National Fish Hatchery, Water Treatment ............................................ 482 ,000

PA .......................... Allegheny National Fish Hatchery, Fish Production and Electrical Systems ............. 1,500,000

WA ......................... Quinault National Fish Hatchery, Replace Electric Fish Barriers .............................. 1,000,0 00

WV ......................... White Sulphur Springs National Fish Hatchery—Water Supply System .................... 1,500,000

WY ......................... Jackson National Fish Hatchery, Replace Water Supply Line .................................... 1,650,0 00

Mult. ...................... National Fish Hatchery System Visitor Facility Enhancements .................................. 400,000

Mult. ...................... National Fish Hatchery System Green Energy Projects .............................................. 600 ,000

Other Projects:

NV .......................... Nevada Water Catchments ............................................................................ ............. 150,000

Subtotal, Line Item Projects .............................................................................. 26,423,000

Dam & Bridge Safety Inspections .............................................................................. 1,855,000

Nationwide Engineering Services ................................................................................ 9,161,000

Total, FWS Construction ..................................................................................... 37,439,000

LAND ACQUISITION

The conference agreement includes $86,340,000 instead of $69,250,000 as proposed by the House and $82,790,000 as proposed by the Senate. The conference agreement includes the following

distribution of funds:

State Project Amount

AK ................................... Alaska Maritime National Wildlife Refuge .................................................. ............... $300,000

AK ................................... Togiak National Wildlife Refuge ........................................................... ...................... 325,000

AK ................................... Yukon Delta National Wildlife Refuge ...................................................... .................. 365,000

AL ................................... Bon Secour National Wildlife Refuge ....................................................... .................. 500,000

AZ ................................... Leslie Canyon National Wildlife Refuge .................................................... ................. 500,000

CA ................................... Grasslands Wetland Management Area ........................................................ ............. 1,000,000

CA ................................... San Joaquin River National Wildlife Refuge ................................................ .............. 2,000,000

CT ................................... Stewart McKinney National Wildlife Refuge ................................................. .............. 2,000,000

DE ................................... Prime Hook National Wildlife Refuge ....................................................... .................. 1,000,000

FL ................................... Crystal River National Wildlife Refuge, Three Sisters Spring .............................. ...... 1,500,000

FL ................................... St. Marks National Wildlife Refuge ........................................................ .................... 500,000

GA ................................... Bond Swamp National Wildlife Refuge ....................................................... ............... 1,200,000

HI .................................... James Campbell National Wildlife Refuge .................................................. ............... 7,400,000

IA .................................... Driftless Area National Wildlife Refuge .................................................. .................... 450,000

IA, MN ............................ Northern Tallgrass Prairie National Wildlife Refuge .......................................... ........ 500,000

IA, MN, WI, IL ................. Upper Mississippi River National Wildlife & Fish Refuge ......................................... 1,200,000

IL .................................... Cypress Creek National Wildlife Refuge ................................................... .................. 500,000

IN .................................... Patoka River National Wildlife Refuge .................................................... ................... 1,150,000

KY ................................... Clarks River National Wildlife Refuge ..................................................... ................... 750,000

LA ................................... Red River National Wildlife Refuge ........................................................ .................... 1,000,000

LA ................................... Upper Ouachita National Wildlife Refuge ................................................... ............... 500,000

MA, CT, VT, NH .............. Silvio Conte National Wildlife Refuge .............................................................. .......... 2,500,000

MD .................................. Blackwater National Wildlife Refuge ........................................................ .................. 2,000,000

ME .................................. Maine Coastal Islands National Wildlife Refuge ............................................. .......... 1,000,000

ME .................................. Rachel Carson National Wildlife Refuge ..................................................... ............... 3,000,000

MO .................................. Big Muddy National Fish & Wildlife Refuge .................................................. ............ 300,000

MS .................................. Panther Swamp National Wildlife Refuge ..................................................... ............. 500,000

MT .................................. Red Rock Lakes National Wildlife Refuge .................................................... .............. 1,000,000

MT .................................. Rocky Mountain Front Conservation Area ..................................................... .............. 3,750,000

ND, SD ............................ Dakota Tallgrass Prairie Wetland Management Area ............................................. ... 1,000,000

ND .................................. North Dakota Wetland Management Area ....................................................... ........... 1,000,000

NE ................................... Rainwater Basin Wetlands Management District .............................................. ........ 500,000

NH .................................. Lake Umbagog National Wildlife Refuge ...................................................... .............. 1,000,000

NJ ................................... Cape May National Wildlife Refuge ......................................................... ................... 2,000,000

NJ ................................... Edwin B. Forsythe National Wildlife Refuge ................................................ ............... 1,100,000

NJ ................................... Great Swamp National Wildlife Refuge ...................................................... ................ 1,000,000

NJ ................................... Wallkill National Wildlife Refuge ......................................................... ....................... 1,400,000


State Project Amount

NM .................................. Sevilleta National Wildlife Refuge ......................................................... ..................... 500,000

OR .................................. Nestucca Bay National Wildlife Refuge ...................................................... ................ 1,000,000

PA ................................... Cherry Valley National Wildlife Refuge .................................................... ................... 750,000

PA, CT, NJ, NY ................ Highlands Conservation Act ....................................................................... ................ 4,000,000

RI .................................... John H. Chafee National Wildlife Refuge .................................................. ................. 900,000

SC ................................... Ernest F. Hollings ACE Basin National Wildlife Refuge ..................................... ........ 500,000

SC ................................... Waccamaw National Wildlife Refuge ......................................................... ................. 600,000

TN ................................... Chickasaw National Wildlife Refuge ........................................................ .................. 500,000

TX ................................... Balcones Canyonlands National Wildlife Refuge ............................................. .......... 1,000,000

TX ................................... Laguna Atascosa National Wildlife Refuge .................................................. .............. 500,000

TX ................................... Lower Rio Grande Valley National Wildlife Refuge .......................................... .......... 1,000,000

TX ................................... San Bernard National Wildlife Refuge, Austin’s Woods Unit ................................. .... 1,250,000

UT ................................... Bear River Migratory Bird Refuge .......................................................... .................... 1,300,000

VA ................................... Back Bay National Wildlife Refuge ......................................................... ................... 545,000

VA ................................... Great Dismal Swamp National Wildlife Refuge ............................................... .......... 500,000

VA ................................... James River National Wildlife Refuge ...................................................... .................. 1,000,000

VA ................................... Rappahannock River National Wildlife Refuge, Bowers Property .............................. 500,000

WA .................................. Nisqually National Wildlife Refuge ......................................................... .................... 500,000

WA .................................. Turnbull National Wildlife Refuge .......................................................... .................... 1,500,000

WA .................................. Willapa National Wildlife Refuge ........................................................... ..................... 750,000

Subtotal, Line Item Projects .............................................................................. 66,785,000

Acquisition Management ............................................................................................ 10,555,000

Cost Allocation Methodology ....................................................................................... 2,000,000

Exchanges ................................................................................................................... 2,0 00,000

Inholdings, Emergencies, and Hardships ................................................................... 5,000,000

Total, FWS Acquisition ....................................................................................... 86,340,000

Bill Language. —The conference agreement includes bill language allowing the Service to fund limited administrative costs for the Highlands Conservation Act program administration.

C OOPERATIVE E NDANGERED S PECIES C ONSERVATION F UND

The conference agreement provides $85,000,000 for the Cooperative Endangered Species Conservation Fund instead of$100,000,000 as proposed by the House and $85,001,000 as proposed by the Senate. The detailed allocation of funding by program area and activity

is included in the table at the end of the statement.

N ATIONAL W ILDLIFE R EFUGE F UND

The conference agreement provides $14,500,000 for payments
to counties authorized by the National Wildlife Refuge Fund, as proposed by the Senate, instead of $14,100,000 as proposed by the

House.

N ORTH A MERICAN W ETLANDS C ONSERVATION F UND

The conference agreement provides $47,647,000 for the North American Wetlands Conservation Fund instead of $52,647,000 as proposed by the House and $45,147,000 as proposed by the Senate.
A detailed allocation of funding by activity is included in the table

at the end of this section of the statement.


N EOTROPICAL M IGRATORY B IRD C ONSERVATION

The conference agreement provides $5,000,000 for Neotropical Migratory Bird Conservation, as proposed by the Senate instead of $5,250,000 as proposed by the House.

M ULTINATIONAL S PECIES C ONSERVATION F UND

The conference agreement provides $11,500,000 for the Multinational Species Conservation Fund as proposed by both the House and the Senate. The detailed allocation of funding by program area and activity is included in the table at the end of the statement.

STATE AND TRIBAL WILDLIFE GRANTS

The conference agreement provides $90,000,000 for State and Tribal Wildlife Grants instead of $115,000,000 as proposed by theHouse and $80,000,000 as proposed by the Senate. The detailed allocation of funding by program area and activity is included in the

table at the end of the statement. In addition to the directions included in the House and Senate Committee reports, the conference agreement includes the following directions: The conference agreement includes $12,000,000 for competitive grants, including $7,000,000 for Tribes and $5,000,000 for States. The conferees are supportive of these competitive grant programs as a way to promote wildlife conservation. The conferees direct theService to report to the House and Senate Committees on Appropriations on the use of these competitive funds in fiscal year 2008and 2009, including the types of grants administered and the extent to which these grants were coordinated with other State and Tribal conservation plans. The Service should submit this report within 90 days of enactment of this Act. The conference agreement includes $78,000,000, an increase of $15,000,000 above the fiscal year 2009 enacted level for the State and Tribal apportioned grants. The conferees recognize the need for States, Tribes and Territories to update their plans to respond toclimate change, but feel that this can be done within the framework of the required plan updates. Therefore, the conferees havenot included language directing a portion of these funds for additional planning efforts focused on climate change. The conferees consider climate change to be an integral component of State and Tribal wildlife action plan implementation and recommend that theStates use the increased funding provided for on-the-ground conservation projects to adapt and mitigate the effects of climate change on wildlife populations. Bill Language .—The conference agreement modifies bill language included in the House and Senate bills changing the State share of implementation grants to 35 percent instead of 25 percentas proposed by the House and 50 percent as proposed by the Senate. In addition, the conference agreement does not include language included by the House that limits funding to States or territories that do not have approved wildlife action plans. The conferees understand that all States, territories and other jurisdictions now have approved plans. The conference agreement does not include requested funds for

Federal Aid in Wildlife Restoration.


ADMINISTRATIVE PROVISIONS

Bill Language .—The conference agreement includes language,as in the Senate bill, allowing the Service to carry out the operations of programs by direct expenditure, contracts, grants, cooperative agreements and reimbursable agreements with public andprivate entities. This language was previously included in the Resource Management account.

N ATIONAL P ARK S ERVICE

OPERATION OF THE NATIONAL PARK SYSTEM

The conference agreement provides $2,261,559,000 for the Operation of the National Park System instead of $2,260,684,000 asproposed by the House and $2,261,309,000 as proposed by the Senate. The detailed allocation of funding by program and activity for

this account is included in the table at the end of the statement.The conference agreement also includes the following specific funding levels and directions: Resource Stewardship .—Within the amount provided, the conference agreement provides the request of $10,000,000 for the Climate Impacts Initiative as proposed by the House instead of $8,000,000 as proposed by the Senate. The agreement also provides$1,250,000 for the Enhanced Ocean and Coastal Resources program, as proposed by the House instead of $2,000,000 as proposed by the Senate.

Visitor Services .—Within the amount provided, the conference agreement provides $247,386,000 for Visitor Services as proposed by the Senate instead of $246,511,000 as proposed by the House.The conferees have provided $375,000 for the web learning component of the Interpretative Renaissance Plan and redirect $1,000,000 of the request to a new pilot program for teaching American history and civics in the National Parks as proposed by

the Senate. The conferees further direct the Service to work with the Department of Education to develop curriculum and bring scholars to park units to instruct students and teachers and within 90 days of enactment provide a report to the House and Senate Committees on Appropriations concerning the status of the pilot

program. Facilities Operations and Maintenance .—The conference agreement provides $702,013,000 as proposed by the House instead of$703,013,000 as proposed by the Senate. Within the amount provided, the conferees provide $4,388,000 for the facility management software system. Bill Language .—The conference agreement includes language to limit the amount for maintenance, repair or rehabilitation projects to $98,622,000 as proposed by the House instead of $99,622,000 as proposed by the Senate.

National Mall Concerts .—As proposed by the House, the conferees direct the National Park Service to increase funding for this program by $350,000 over the level provided in fiscal year 2009. Sesquicentennial Civil War Planning .—The conferees encourage the National Park Service, in collaboration with the Civil War Preservation Trust and other organizations, to update the content


of its website and the information available at its Civil War parks and to employ modern technology and adaptive and interactive media to present this information to the public. Regional Reorganizations .—The conferees have recently become aware of a planned reorganization of the Northeast Regional Office of the Park Service. The conferees appreciate the Service’swillingness to provide information about the planned reorganization and ask that the Service continue to report to the House and Senate Committees on Appropriations its plans for managing the current programs administered by the Boston Regional Office and Service proposals to further change the staffing plan for that office. Sequoia National Park .—The conferees are aware that the Department of the Interior has been negotiating the renewal terms ofa special use permit for the Kaweah hydroelectric project inside Sequoia National Park. Initial proposals from the Department would have resulted in a 2,545 percent fee increase to the operator. Theconferees find that situation unacceptable. As such, the Department is directed to continue its negotiations in an effort to reach a fair, cost-effective agreement for the terms of a 10-year special use permit. Mississippi River Study .—The conferees note that the Mississippi River is one of the Nation’s great natural treasures, an integral part of the country’s history, and a critical transportation artery for modern commerce. As such, the protection and preservation of natural resources along the Mississippi River, and the telling of the history of this great resource is an important and worthy goal. The conferees therefore direct the Service to identify thosenatural and cultural resources most in need of protection and preservation and to begin to craft a plan that would address these needs. In undertaking this task, the Service shall consult with thevarious Federal, State and local units of government along the corridor, and with non-governmental organizations and partner coalitions working on preservation and interpretation initiatives within or along the corridor.

P ARK P ARTNERSHIP P ROJECT G RANTS

The conference agreement provides $15,000,000 for Park Part- nership Project Grants instead of $25,000,000 as proposed by the House. Of the amount provided, $10,000,000 will be proportionally derived from the unobligated balance in the recreation fee account.The conferees urge the Director to fund signature projects and programs consistent with the original intent of the program. The conferees direct the Service to provide a report within 90 days of enactment of this Act that (1) outlines the status of the projects announced in January 2009; and (2) provides the criteria to be used to select new projects. After the Service competes the remainingfunds for new projects, the Service will provide the House and Senate Committees on Appropriations a complete description of the new projects selected and describe the funds allotted for each project from both Federal and non-Federal sources. Bill Language .—The conferees have included language that authorizes the National Park Service to use a portion of the high unobligated recreation fee balance to fund projects selected through the Park Partnerships Program.


Recreation Fees .—The conferees remain concerned by the National Park Service’s ineffective management of its recreation fee revenues which has led to high unobligated carryover balances overmany years. It is clear that dramatic changes are needed to address this problem.The conferees understand that the Service, in response to Congressional expressions of concern, has developed a phased plan to aggressively reduce the recreation fee carryover balance which wasmore than $270,000,000 at the beginning of fiscal year 2009. Further, the conferees recognize that existing authority provides the Service sufficient flexibility to address this challenge by reducing the allocation of fee revenues to the largest collecting parks from 80 percent to 60 percent as needed. The conferees encourage thePark Service to exercise this authority fully to meet its goal, as outlined by the Service, to reduce the end-of-year carryover balance to no more than $80,000,000 by January, 2011. When implemented fully, this plan will redirect funds awayfrom collecting parks with high carryover balances to fund nationally ranked projects that can be commenced quickly. Parks will receive at least 60 percent of their annual collections, which is the minimum allowed by law. To allow these changes to take effect, the conferees will not direct specific changes to the management of thefee program at this time. However, the conferees will closely monitor the implementation of this effort to ensure it dramatically reduces recreation fee carryover balances and results in more efficient use of fee revenues. Lastly, the conferees reserve the optionof taking future action to ensure adequate management of recreation fee dollars.

NATIONAL RECREATION AND PRESERVATION

The conference agreement provides $68,436,000 for the Na- tional Recreation and Preservation program instead of $59,386,000as proposed by the House and $67,438,000 as proposed by the Senate. The detailed allocation of funding by program and activity for

this account is included in the table at the end of the statement.The conference agreement also includes the following specific funding levels and directions: Cultural Programs .—The conferees have included bill language in General Provisions, Department of the Interior, amending theJapanese-American Confinement Site Grants program by authorizing land acquisition grants at the Heart Mountain Relocation Center, WY, as proposed by the House. Similar House bill languageauthorizing land acquisition grants and donations at Minidoka National Historic Site is not included. At the request of the Department, the conferees have withdrawn the language because of an unresolved issue involving a pre-existing right-of-way and crossing agreement for the Southwest Intertie Project’s renewable energy

transmission line within or near the Minidoka National Historic Site boundary. The conferees urge the Secretary to resolve the issue quickly, giving fair consideration to the existing rights of all land and permit holders, refraining from acquiring any donationsof land or interests therein during the 90 day period following enactment of this Act so that a suitable resolution can be reached, and reporting any progress to the House and Senate Committees


on Appropriations within 90 days of enactment of this Act. The conferees remain supportive of the Secretary’s renewable energy initiative and also recognize that the Federal government has an obligation to preserve lands for the Minidoka National Historic Site and other relocation centers and to provide for their preservation and interpretation. Accordingly, the conferees have provided$350,000 for land acquisition and $3,000,000 for the JapaneseAmerican Confinement Site Grants program. Heritage Partnership Program .—Within the amount provided, the conference agreement provides $16,805,000 for commissionsand grants as proposed by the House instead of $16,732,000 as proposed by the Senate. The increase above the request will provide at least $150,000 to new heritage areas without approved plans.

Preserve America .—The conference agreement provides $4,600,000 for Preserve America. The conferees have funded this program under the National Recreation and Preservation account, instead of the Historic Preservation Fund account as proposed by

the House. Statutory or Contractual Aid .—The conference agreement pro- vides $5,850,000 for Statutory or Contractual Aid, instead of $1,900,000 as proposed by the House and $5,350,000 proposed by the Senate. The funds provided are to be distributed as follows:

State Project Amount

CA ................................... Angel Island Immigration Station, PL 109–119 .............................................. .......... $1,000,000

CA ................................... Yosemite National Park schools, PL 109–131 ................................................ ........... 400,000

DC .................................. Sewall Belmont House, PL 99–498 ............................................................ ................ 1,000,000

HI .................................... National Tropical Botanical Garden, PL 111–11 ............................................ ........... 500,000

HI .................................... Native Hawaiian Culture & Arts Program, PL 99–498 ........................................ ...... 500,000

MD .................................. Star Spangled Banner National Historic Trail ............................................... ............. 500,000

MD, VA, DC .................... Chesapeake Bay Gateways, PL 107–308 .............................................................. ..... 1,000,000

NH .................................. Lamprey Wild & Scenic River, PL 90–542 ..................................................... ............ 200,000

VT, NY ............................ Hudson-Fulton-Champlain Quadricentennial, PL 110–229 ........................................ 7 50,000

Total, Line Item Projects .................................................................................... 5,850,000

Bill Language .—The conference agreement includes language which designates the amount for Preserve America grants.

H ISTORIC P RESERVATION F UND

The conference agreement provides $79,500,000 for the Historic Preservation Fund instead of $91,675,000 as proposed by the House and $74,500,000 as proposed by the Senate. The conference agreement funds the Preserve America program in the National Recreation and Preservation account as proposed by the Senate. The detailed allocation of funding by program and activity for this

account is included in the table at the end of the statement. The conference agreement also includes the following specific funding

levels and directions:

Save America’s Treasures .—The conference agreement includes a total of $25,000,000 for Save America’s Treasures. Of this amount, $14,800,000 is for competitive grants and the balance of

the funds are to be distributed as follows:

State Project Amount

AL ........................ Historic Fort Payne Coal and Iron Building Rehabilitation ............................................ ...... $150,000


State Project Amount

AL ........................ Historic Montevallo Main Hall Renovation ............................................................. ............... 150,000

AL ........................ Swayne Hall, Talladega ............................................................................... .......................... 490,000

CA ........................ Mission Santa Barbara, Santa Barbara ................................................................. ............... 650,000

CO ....................... Shenandoah-Dives Mill National Historic Landmark ...................................................... ...... 150,000

CT ........................ Harriet Beecher Stowe Center Preservation ............................................................ .............. 150,000

CT ........................ Sterling Opera House Renovation ...................................................................... .................... 150,000

FL ........................ Freedom Tower, Miami, FL ............................................................................. ........................ 500,000

GA ........................ Morehouse College (King papers) ...................................................................... .................... 200,000

IA ......................... Des Moines Art Center, Des Moines ................................................................... ................... 200,000

ID ......................... Historic Old Pen Site Stabilization Project ......................................................... ................... 150,000

IL ......................... Repairs to Historic Chicago Landmark ................................................................ ................. 50,000

KS ........................ Colonial Fox Theater, Pittsburg ...................................................................... ....................... 500,000

KY ........................ Judge Joseph Holt House Historic Restoration ......................................................... ............. 150,000

MA ....................... Hancock Shaker Village Restoration .................................................................... ................. 150,000

MA ....................... Stockbridge Mission House Renovation .................................................................. ............... 117,000

MD ....................... Harmony Hall Restoration .............................................................................. ........................ 100,000

MI ........................ Big Sable Lighthouse, Ludington ...................................................................... .................... 100,000

MN ....................... CSPS Sokol Hall ....................................................................................... .............................. 150,000

MN ....................... Restoration of Historic Coe Mansion ................................................................... .................. 150,000

MS ....................... Madison County Courthouse ............................................................................. ..................... 500,000

MS ....................... Medgar Evers site, Jackson ............................................................................ ....................... 250,000

MT ....................... City of Bozeman Main Street Historic District Restoration ............................................. ..... 150,000

NC ....................... Bellamy Mansion Slave Quarters ........................................................................ ................... 100,000

NJ ........................ Georgian Court Mansion Restoration ................................................................... ................. 200,000

NJ ........................ South Orange Village Hall Restoration ................................................................ ................. 150,000

NV ........................ Lincoln County Courthouse, Pioche .................................................................... ................... 200,000

NY ........................ Historic Owego Municipal Building Rehabilitation ..................................................... .......... 150,000

NY ........................ Hudson River Sloop Clearwater Restoration ............................................................ ............. 150,000

NY ........................ Richardson Olmsted Complex, Buffalo .................................................................. ................ 200,000

NY ........................ Strand Theater, Plattsburgh .......................................................................... ........................ 200,000

NY ........................ Tarrytown Music Hall Restoration ..................................................................... .................... 150,000

NY ........................ Village Park Historic Preservation ................................................................... ...................... 150,000

OR ....................... Wallowa County Courthouse, Enterprise ................................................................. ............... 200,000

PA ........................ Hatborough Union Library Restoration ................................................................. ................. 38,000

PA ........................ Saylor Cement Kilns Historic Preservation ............................................................ ................ 200,000

PR ........................ San Juan North Portal Restoration .................................................................... .................... 150,000

RI ......................... Warwick City Hall, Warwick .......................................................................... ......................... 350,000

SC ........................ Chesterfield Courthouse Restoration .................................................................. ................... 150,000

SC ........................ Cypress Historic Meeting Compound .................................................................... ................. 200,000

SC ........................ Modjeska Simkins Home Restoration .................................................................... ................ 150,000

SD ........................ State Theater, Sioux Falls ........................................................................... ........................... 200,000

TN ........................ Blount Mansion, Knoxville ............................................................................ .......................... 250,000

UT ........................ Historic Fisher Mansion Restoration Project .......................................................... ............... 150,000

VA ........................ Belgian Building Preservation ........................................................................ ....................... 150,000

VA ........................ Chesterfield County Historic Preservation ............................................................ ................. 150,000

VA ........................ Fort Ward Park Preservation .......................................................................... ........................ 75,000

WA ....................... Schooner Adventuress Restoration ...................................................................... .................. 180,000

WI ........................ Bayfield Historic Courthouse Restoration ............................................................. ................. 150,000

WV ....................... Capitol Theater, Wheeling ............................................................................. ......................... 200,000

WV ....................... Claymont Court Historic Site Restoration .............................................................. ............... 150,000

WV ....................... Cottrill’s Opera House Restoration .................................................................... .................... 150,000

Total, Line Item Projects .............................................................................................. 10,200,0 00

Bill Language .—The conference agreement includes languagewhich designates the amount for Save America’s Treasures and incorporates the projects into law by reference.

CONSTRUCTION

The conference agreement provides $232,969,000 for Construc- tion instead of $213,691,000 as proposed by the House and $219,731,000 as proposed by the Senate. The detailed allocation of funding by program and activity for this account is included in the


table at the end of the statement. The conference agreement also includes the following specific funding levels and directions:

Line Item Construction .—The bill allocates funding for line item construction projects and activities as follows:

State Project Amount

AK ........................ Katmai, replace failing infrastructure at Brooks Camp ................................................ ..... $6,471,000

AZ ........................ Chiricahua, Replace Failing Sewer Systems ............................................................ ........... 2,410,000

AZ ........................ Grand Canyon, employee housing ....................................................................... ................ 16,890,000

AZ ........................ Saguaro National Park Trail Improvements ............................................................. ........... 398,000

CA ........................ Golden Gate National Recreation Area (Alcatraz) ...................................................... ......... 1,400,000

CA ........................ Joshua Tree National Park Visitor Center ............................................................. ............... 300,000

CA ........................ Manzanar National Historical Site .................................................................... ................... 900,000

CA ........................ Point Reyes, restore critical dune habitat ........................................................... ............... 2,803,000

CO ....................... Mesa Verde curation center ............................................................................ ..................... 11,675,000

CO ....................... Mesa Verde Visitor Information Center ................................................................. .............. 10,500,000

DC ....................... African American Civil War Memorial, security enhancements .......................................... 22 0,000

DC ....................... National Capital Region, GW Memorial Parkway, Theodore Roosevelt rehabilitation site 1,706,000

DC ....................... National Capital Region, preserve and protect Meridian Hill Park .................................... 3, 844,000

FL ........................ Castillo de San Marcos National Monument ............................................................. .......... 500,000

FL ........................ Everglades Mod Waters (NPS) .......................................................................... ................... 4,200,000

FL ........................ Everglades Mod Waters (COE) .......................................................................... ................... 4,200,000

GA ........................ Fort Pulaski, replace Cockspur Lighthouse revetment .................................................. ...... 1,577,000

IN ......................... George Rogers Clark NHP, restore and rehabilitate historic Wabash River floodwall ....... 3,600,000

IN ......................... Restore Good Fellow Lodge, Indiana Dunes National Lakeshore ........................................ 1 ,000,000

MA ....................... New Bedford Whaling National Historical Park (Bourne bldg) ........................................... 1 ,500,000

MI ........................ Keweenaw National Historical Park (Quincy Smelting Works) ............................................ 1,000,000

MI ........................ Keweenaw National Historical Park Union Building ..................................................... ....... 1,380,000

MO ....................... Harry S. Truman NHS, rehabilitate interior grounds of Historic Noland House and install

interpretive exhibits. 1,018,000

MT ....................... Glacier NP, safety improvements at Many Glacier Hotel ................................................. ... 8,507,000

NC ....................... Blue Ridge Parkway, repair Craggy Gardens retaining and guardwalls ............................ 2,728,00 0

NJ ........................ Gateway NRA, Sandy Hook Repair of Historic Gun Batteries ............................................. 800,000

NJ, PA .................. Delaware Water Gap NRA, demolish and remove hazardous structures ............................ 2,234,000

NY ........................ Fire Island Land Trust Historic Restoration .......................................................... .............. 250,000

OH ....................... Cuyahoga Valley National Park Site and Structure Rehabilitation Program ...................... 500,000

OK ........................ Chickasaw National Recreation Area Visitor Center .................................................... ....... 500,000

OR ....................... Crater Lake Visitor Education Center .................................................................. ................ 350,000

PA ........................ Delaware Water Gap NRA, rehabilitate Childs Park ..................................................... ...... 3,048,000

PA ........................ Flight 93 National Memorial .......................................................................... ...................... 725,000

PA ........................ Valley Forge National Park Visitor Center ............................................................ ............... 325,000

TN ........................ Great Smoky Mountains National Park (curatorial facility) ............................................ .... 1,500,000

TN ........................ Great Smoky Mountains National Park (Tremont/Cosby water) .......................................... 1, 940,000

TN ........................ Moccasin Bend National Archeological District ........................................................ .......... 500,000

UT ........................ Timpanogos Cave National Monument Interagency Visitors Center ................................... 1,600 ,000

UT ........................ Utah Public Lands Artifact Preservation Act, PL 107–329 .............................................. .. 1,000,000

VA ........................ Fort Hunt NCO Quarters Restoration ................................................................... ................ 250,000

WA ....................... Olympic National Park, restore Elwha River ecosystem and fisheries ............................... 20,00 0,000

WI ........................ Apostle Islands Lighthouse Restoration ............................................................... ............... 2,000,000

WI ........................ Ice Age National Scenic Trail ........................................................................ ...................... 265,000

WV ....................... Harpers Ferry National Historical Park ................................................................ ................ 275,000

WV ....................... New River Gorge National River ........................................................................ .................. 1,025,000

WY ....................... Grand Teton National Park, construct critical housing ................................................. ..... 13,174,000

Total, Line Item Projects ............................................................................................. 142,988,0 00

Everglades .—The conference agreement includes $8,400,000 for the Modified Water Deliveries Project at Everglades National Park as proposed by the House. This includes $4,200,000 which thePresident had requested in the budget for the Army Corps of Engineers. These funds will allow for continuous work on the Tamiami Trail bridge and road modifications as a first step to return water flow to the Park. It is critical that the bridging of the Tamiami Trail be completed at the earliest possible date so that flows can


be restored between Everglades National Park and the State-managed Water Conservation Areas.

Paterson Great Falls National Historical Park .—Of the amountprovided, the conferees have included $500,000 for the Park Service’s general management plan for the Paterson Great Falls National Historical Park.

Castillo de San Marcos National Monument .—The conferees have included $500,000 for preliminary planning and design of the Castillo de San Marcos National Monument restoration project with the understanding that construction will not commence until fee simple title of the affected property is conveyed to the Federalgovernment by the City of St. Augustine, FL and the State of Florida. Bill Language .—The conference agreement includes language for the Everglades Modified Water Projects as proposed by the House. The agreement also authorizes a single contract for the full scope of the Elwha Dam project. The conference agreement does not include statutory language proposed by the House to authorize a special resources study along the Mississippi River. The conferees have addressed this issue in report language under the Operation of the National Park System account. The conference agreementalso provides that construction funds for the Quincy Smelter stabilization project at Keweenaw National Historical Park shall be made without regard to requirements in section 8(b) of Public Law 102–543, as amended.

LAND AND WATER CONSERVATION FUND

(RESCISSION)

The conference agreement rescinds $30,000,000, as in previous years, in annual contract authority. There are no plans to use this authority in fiscal year 2010.

LAND ACQUISITION AND STATE ASSISTANCE

The conference agreement includes $126,266,000 for Land Acquisition and State Assistance instead of $113,222,000 as proposed by the House and $118,586,000 as proposed by the Senate. The conference agreement includes the following distribution of funds:

State Project Amount

AL ............................... Little River Canyon National Preserve ........................................................ $ 1,500,000

AR, OK ....................... Ft. Smith National Historic Site .................................................................. 362,000

AZ .............................. Petrified Forest National Park ................................................................. .... 4,575,000

CA .............................. Golden Gate National Recreation Area ....................................................... 5,00 0,000

CA .............................. Mojave National Preserve, Joshua Tree National Park, Death Valley National Park. 1,000,000

CA .............................. Santa Monica Mountains National Recreation Area ................................... 1,000,000

GA .............................. Chattahoochee River National Recreation Area .......................................... 3,100,000

ID ............................... Minidoka National Historic Site ............................................................... ... 350,000

KY .............................. Cumberland Gap National Historical Park .................................................. 1,150, 000

MI ............................... Sleeping Bear Dunes National Lakeshore ................................................... 1,000 ,000

MO ............................. Harry S. Truman National Historic Site ...................................................... 1,30 0,000

MS ............................. Natchez National Historical Park ................................................................ 264,000

NC .............................. Guilford Courthouse National Military Park ................................................ 880,0 00

NH .............................. Appalachian National Scenic Trail .............................................................. 1,375,000

NM ............................. Petroglyph National Monument ................................................................... 1 ,000,000

OH .............................. Cuyahoga Valley National Park .................................................................. . 4,000,000

PA .............................. Appalachian National Scenic Trail .............................................................. 1,820,000


State Project Amount

SC .............................. Congaree National Park ......................................................................... ..... 1,320,000

TN .............................. Shiloh National Military Park .................................................................. .... 250,000

TX ............................... Big Thicket National Preserve ................................................................. .... 5,000,000

TX ............................... Fort Davis National Historic Site ............................................................. ... 500,000

TX ............................... Palo Alto Battlefield National Park ........................................................... .. 4,120,000

VA .............................. Fredericksburg and Spotsylvania National Military Park ............................ 200,000

VA .............................. Prince William Forest Park ..................................................................... ..... 425,000

VA, NC ....................... Blue Ridge Parkway ................................................................................ .... 1,250,000

VI ............................... Virgin Islands National Park .................................................................. ..... 3,250,000

VT ............................... Appalachian National Scenic Trail ............................................................. . 625,000

WA ............................. Mt. Ranier National Park ........................................................................ .... 2,150,000

WA ............................. Olympic National Park ........................................................................... ...... 3,000,000

WA ............................. San Juan Island National Historical Park ................................................... 6,000 ,000

WI ............................... Ice Age National Scenic Trail ................................................................. ..... 2,000,000

Mult. .......................... Civil War Battlefield Grants .................................................................... .... 9,000,000

Subtotal, Line Item Projects ............................................................... 68,766,000

Acquisition Management ............................................................................. 9,500,000

Inholdings and Exchanges .......................................................................... 5,000,000

Emergencies, and Hardships ...................................................................... 3,000,000

Total, National Park Service Land Acquisition .................................. 86,266,000

Stateside conservation grants .................................................................... 37,200,000

Administrative expenses .............................................................................. 2,800,000

Total, Assistance to States ................................................................ 40,000,000

Grand Total, Land Acquisition and State Assistance ........................ 126,266,000

The funding provided for the Virgin Islands National Park in- cludes $2,250,000 for the Maho Bay property and $1,000,000 for the Hawksnest Bay property. The conferees have included report language under NationalRecreation and Preservation guiding the acquisition of lands or interests therein at the Minidoka National Historic Site.

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS)

The bill continues administrative provisions applicable to the National Park Service as proposed by the House and the Senate.

U NITED S TATES G EOLOGICAL S URVEY

S URVEYS , I NVESTIGATIONS

, AND R ESEARCH

The conference agreement provides $1,111,740,000 for Surveys, Investigations and Research instead of $1,105,744,000 as proposed by the House and $1,104,340,000 as proposed by the Senate. Thedetailed allocation of funding by activity for this account is included in the table at the end of the statement. In addition to the guidance included in both the House and Senate committee reports, the conference agreement provides the following direction: Geographic Research and Remote Sensing .—The conference agreement includes the House proposed bill language and direction concerning the Civil Applications Committee, and provides $1,650,000 above the budget request for its operation. Geologic Hazards Assessments .—The conference agreement in- cludes the following increases to the request: $1,000,000 for LIDAR


and high risk seismology activities and $250,000 for the Global Seismographic Network as proposed by the House; and $250,000 for the UH-Manoa/HVO volcano research/monitoring partnership in Hawaii as proposed by the Senate. Geologic Resource Assessments .—The conference agreement in- cludes the Senate proposed increase of $650,000 to continue the Nye County minerals assessment project, NV.

Ground Water Resources .—The conference agreement includesthe following increases to the request: $300,000 for the South Arkansas Sparta Aquifer Recovery Initiative and $280,000 for the McHenry County groundwater and storm water protection study as proposed by the House; and $900,000 to continue the San Diego Formation mapping project as proposed by the Senate. Hydrologic Research and Development .—The conference agree- ment includes the following increases to the request: $1,000,000 for the U.S.-Mexico Transboundary Aquifer Assessment Program; $200,000 for the Hood Canal Dissolved Oxygen Study, WA; and $400,000 for the Survey’s participation in the work of the Long Term Estuary Assessment Group, LA. Hydrologic Networks and Analysis .—The conference agreement includes the following increases to the request, as proposed by theSenate: $346,000 for Lake Champlain Basin streamflow monitoring/toxic studies; $500,000 for a water resources assessment of Maryland’s Coastal Plain and Piedmont aquifer systems; and$500,000 for water resources monitoring, investigations and research in Hawaii. The Survey is encouraged to consider maintaining its activities at the San Pedro River Basin, AZ, as authorized by section 321 of Public Law 108–136. Biological Research .—The conference agreement includes thefollowing increases to the request: $220,000 for the Conte Anadromous Fish Research Lab, MA; $1,000,000 for San Francisco Bay Salt Ponds restoration monitoring/research; $750,000 for general genetics and genomic research; $600,000 for tropical ecosystemsand watershed health research; $2,000,000 within biological information management and delivery to support the coordinators of the national network of State conservation data agencies; $750,000 for National Biological Information Infrastructure activities; and $350,000 for the design and testing of monitoring protocols on invasive species, including zebra mussels, in the Columbia River Basin in collaboration with Washington State University and its partners. The Survey is encouraged to conduct further research and analyses regarding the alarming interaction of endocrine disrupters on water quality and fish development. Enterprise Information .—The conference agreement includesthe $2,000,000 requested for USGS participation in the Department of the Interior’s 21st Century Youth Conservation Corps initiative. Global Climate Change Research Program .—The conference agreement includes $58,177,000 as requested and proposed by both the House and the Senate for the global climate change research program. Additional funds for climate change related research are also in other budget activities. The agreement includes $15,000,000 as requested for the National Climate Change and Wildlife Science Center (NCCWSC), including support for a national office, regional


hubs, and intra- and extra-mural research. The NCCWSC should oversee and coordinate research on the potential effects of climate change on wildlife, fish, and flora including both terrestrial andaquatic habitats. Locations for the regional centers are to be selected through a collaborative process that engages other Federal,State and Tribal agencies, universities, and other partners. Additional direction concerning the adoption of an integrated approach to climate change science and management is in the front of this

statement.

M INERALS M ANAGEMENT S ERVICE

ROYALTY AND OFFSHORE MINERALS MANAGEMENT

The conference agreement includes $175,217,000 for Royaltyand Offshore Minerals Management, as proposed by the Senate instead of $174,317,000 as proposed by the House. The detailed allocation of funding by program area and activity is included in the

table at the end of the statement.In addition, the use of $166,730,000 in receipts and cost recovery fees is included, as proposed by both the House and the Senate. The conference agreement includes $900,000 to continue the Center for Marine Resources and Environmental Technology project in Mississippi. The conferees support the Administration’s efforts to secure a balanced energy portfolio that carefully weighs what is in the bestinterest of our energy-dependent nation with what is in the best interest of our natural environment. Future coordinated efforts to pursue additional oil and gas resources in the Outer ContinentalShelf (OCS) must include the opportunity to apply advanced technologies, be based on the best available science, and take into account the potential environmental impacts of such potential development. Therefore, the conferees direct the Minerals ManagementService, pursuant to the National Environmental Policy Act, to conduct a Programmatic Environmental Impact Statement (PEIS) toevaluate potential significant environmental effects of multiple geological and geophysical activities in the Atlantic OCS and provide a detailed timeline for completion of the PEIS no later than 90 days after enactment of this Act. The conferees believe this requestis consistent with the Department’s stated desire to fill in information gaps relating to resource potential in the OCS. The conferees note that over the last several years there havebeen expanded areas available for oil and gas leasing in the Beaufort and Chukchi Seas and approved exploration plans involvingseismic testing and exploratory drilling in these waters. These waters currently host a rich diversity of wildlife and fish resources

and are critical to the survival of the subsistence culture of the Inupiat people of Arctic Alaska. To ensure sound science-based planning with regard to these important resources, a continuingcomprehensive assessment of the health, biodiversity, and functioning of Arctic marine and coastal ecosystems, including the impacts of industrial activities and of climate change is needed. To inform this continuing assessment, the conferees believe that there should be scientific analysis conducted by an independent entity toassess existing scientific information and identify any relevant adVerDate Nov 24 2008 02:33 Oct 30, 2009 Jkt 089006 PO 00000 Frm 00098 Fmt 6601 Sfmt 6601 E:\HR\OC\HR316.XXX HR316smartinez on DSKD5P82C1PROD with REPORTS99

ditional information to ensure adequate environmental review of proposed industrial activities in the region. This assessment should also include recommendations for obtaining the identified relevant

scientific information.

OIL SPILL RESEARCH

The conference agreement includes $6,303,000 for Oil Spill Research as proposed by both the House and Senate.

ADMINISTRATIVE PROVISION

The conference agreement continues language from the fiscal year 2009 enacted bill on a legislative matter which deducts two percent of State royalties to help cover Federal administrative costs, resulting in a $45,000,000 scoring credit for the bill.

O FFICE OF S URFACE M INING R ECLAMATION AND E NFORCEMENT

REGULATION AND TECHNOLOGY

The conference agreement includes $127,180,000 for Regulation and Technology as proposed by both the House and the Senate. In addition, there is also an indefinite appropriation estimated to be $100,000 for civil penalties for a total program level of $127,280,000. The detailed allocation of funding by program area and activity is included in the table at the end of the statement.

ABANDONED MINE RECLAMATION FUND

The conference agreement includes $35,588,000 for the Abandoned Mine Reclamation Fund instead of $32,088,000 as proposedby the House and $39,588,000 as proposed by the Senate. The detailed allocation of funding by program area and activity is included in the table at the end of the statement.

B UREAU OF I NDIAN A FFAIRS

OPERATION OF INDIAN PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes $2,335,965,000 for the Op- eration of Indian Programs instead of $2,300,099,000 as proposed by the House and $2,309,322,000 as proposed by the Senate. Thedetailed allocation of funding by program area and activity is included in the table at the end of the statement. In addition to the directions included in the House and Senate Committee reports, the conference agreement includes the following directions:

Tribal Government .—The conference agreement includes $429,778,000 instead of $422,862,000 as proposed by the House and $418,572,000 as proposed by the Senate. Within the funds for Tribal government, there is $166,000,000 for contract support costs, an increase of $18,706,000 over the fiscal year 2009 enacted level.

Human Services .—The conference agreement includes $136,996,000 as proposed by the House instead of $138,059,000 as proposed by the Senate. Trust—Natural Resource Management .—The conference agreement includes $175,618,000 instead of $174,768,000 as proposed by


the House and $161,618,000 as proposed by the Senate. Within the funds for trust resource management, there is an increase of $12,000,000 for rights protection programs, $350,000 for the Upper Columbia United Tribes, $500,000 for the Cheyenne River Sioux Tribe’s prairie management program, and a general increase of $2,000,000 for fish hatchery operations within the fish, wildlife and parks program.The conferees direct the Bureau to distribute the increase provided for rights protection using a merit-based process for programs with existing memoranda of understanding, legal settlements, treaty rights, or past merit-based funding history, in accordance with language included in the administration’s budget justification.

Trust—Real Estate Services .—The conference agreement in- cludes $152,493,000 as proposed by both the House and the Senate.

Education .—The conference agreement includes $799,400,000 instead of $796,300,000 as proposed by the House and $797,900,000 as proposed by the Senate. Within the funds provided there are increases of $500,000 for Haskell and SIPI colleges, and $600,000 for United Tribes Technical College and Navajo Technical College. The increases provided should be divided proportionally between the respective schools. There is also a general increase of $2,000,000 for Tribal colleges and universities and $2,000,000 for student transportation. Public Safety and Justice .—The conference agreement includes $328,855,000 as proposed by the Senate instead of $303,855,000 as proposed by the House. Within the funds provided for public safety and justice, law enforcement there are increases of $10,000,000 for criminal investigation, $5,000,000 for detention and corrections,$1,000,000 for special initiatives, $1,000,000 for Indian police academy, $3,000,000 for program management, and $5,000,000 for Tribal courts.

The conferees commend the Shoshone-Bannock Tribes of the Fort Hall Indian Reservation for their initiative in addressing their law enforcement needs by constructing a justice center to house their adult and juvenile detention and rehabilitation center, Tribal courts, and police department. The conferees encourage the Bureau

of Indian Affairs to work with the Shoshone-Bannock Tribes to ensure that the Center and the programs it will provide will operate effectively. Additionally, the conferees encourage the Bureau to consider establishing regional detention centers at new or existingfacilities as it works to combat the crime problem in Indian Country. Community and Economic Development .—The conference agreement includes $44,910,000 as proposed by the House instead of $43,910,000 as proposed by the Senate. Within the funds for community and economic development, there is an increase of $1,000,000 for community development programs for training and apprenticeship opportunities.

Executive Direction and Administrative Services .—The conference agreement includes $267,915,000 as proposed by both the

House and the Senate. The conferees intend that the Department will utilize fundsavailable in the Operation of Indian Programs account or the InVerDate Nov 24 2008 02:33 Oct 30, 2009 Jkt 089006 PO 00000 Frm 00100 Fmt 6601 Sfmt 6601 E:\HR\OC\HR316.XXX HR316smartinez on DSKD5P82C1PROD with REPORTS101

dian Land Consolidation account for estate planning assistance as provided for under Section 207(f) of the Indian Land Consolidation Act (25 U.S.C. 2206(f)).

CONSTRUCTION

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes $225,000,000 for Construc- tion as proposed by the Senate instead of $200,000,000 as proposed by the House. The detailed allocation of funding by program area and activity is included in the table at the end of the statement.

In addition to the directions included in the House and SenateCommittee reports, the conference agreement includes the following directions: Public Safety and Justice.— The conference agreement includes $64,407,000 as proposed by the Senate instead of $39,407,000 asproposed by the House. Within the funds provided there are increases of $20,000,000 for detention center replacement and $5,000,000 for employee housing for new and existing housing needs in remote areas to promote recruitment and retention of law

enforcement officers.

INDIAN LAND AND WATER CLAIMS SETTLEMENTS AND MISCELLANEOUS

PAYMENTS TO INDIANS

The conference agreement includes $47,380,000 for Indian Land and Water Claims Settlements and miscellaneous paymentsto Indians as proposed by both the House and the Senate. The detailed allocation of funding by program area and activity is included in the table at the end of the statement.

INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

The conference agreement provides $8,215,000 for the Indian Guaranteed Loan Program Account as proposed by both the House

and the Senate.

INDIAN LAND CONSOLIDATION

The conference agreement provides $3,000,000 for Indian Land Consolidation as proposed by both the House and the Senate.

D EPARTMENTAL O FFICES

O FFICE OF THE S ECRETARY

SALARIES AND EXPENSES

The conference agreement provides $118,836,000 for the Office of the Secretary as requested and as proposed by both the House and the Senate. The detailed allocation of funding by program and activity is included in the table at the end of the statement. The conference agreement also includes the following directions: Bill Language.— The conference agreement includes language that within the appropriated amount, $12,136,000 is to be derivedfrom the Land and Water Conservation Fund for consolidated appraisal services and remain available until expended, as requested and as proposed by the House. In addition, of the funds provided


$25,000 may be used for official reception and representation activities, as proposed by the Senate instead of $15,000 as proposed by the House. Language also is included permitting the Secretary for fiscal years 2008–2012 to correct prior year overpayments and underpayments to counties under the Payments In Lieu of Taxes program as proposed by the Senate.

I NSULAR A FFAIRS

ASSISTANCE TO TERRITORIES

The conference agreement provides $85,195,000 for Assistance to Territories instead of $83,995,000 as proposed by the House and $81,095,000 as proposed by the Senate. The detailed allocation of funding by activity for this account is included in the table at the end of the statement. The conference agreement follows the Houseproposed bill and report language, including $900,000 above the request for critical wastewater system repairs and improvements in the U.S. Virgin Islands. The conference agreement also includes $1,200,000 within the technical assistance activity to be used bythe Secretary to assist American Samoa with recovery from the catastrophic tsunami which hit the islands on September 29, 2009.

COMPACT OF FREE ASSOCIATION

The conference agreement provides $5,318,000 for the Compact of Free Association as requested and proposed by the House andthe Senate. The detailed allocation of funding by program is included in the table at the end of the statement. As proposed by the House, the bill language regarding the authority to use a USDAloan program in Guam is included under the Administrative Provision heading for Insular Affairs.

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes the Administrative Provision proposed by the House. Similar language was under both the Assistance to Territories and the Compact of Free Associationheadings in the budget request and the Senate proposal. This language will allow the Interior Department to transfer certain funds designated for Guam to the U.S. Department of Agriculture, when requested by the Governor of Guam, as a subsidy for direct or guaranteed rural development loans to Guam for construction andrepair projects. This language, which does not supplant any existing USDA authority, will help the government of Guam respond toextensive change as the military relocates major facilities and personnel to Guam.

O FFICE OF THE S OLICITOR

SALARIES AND EXPENSES

The conference agreement provides $65,076,000 for the Office of the Solicitor as requested and as proposed by both the House and the Senate. The detailed allocation of funding by program and activity is included in the table at the end of the statement.


O FFICE OF I NSPECTOR G ENERAL

SALARIES AND EXPENSES

The conference agreement provides $48,590,000 for the Office of the Inspector General as requested and as proposed by both theHouse and the Senate. The detailed allocation of funding by program and activity is included in the table at the end of the statement.

O FFICE OF THE S PECIAL T RUSTEE FOR A MERICAN I NDIANS

FEDERAL TRUST PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes $185,984,000 for the Officeof the Special Trustee for American Indians, Federal Trust Programs as proposed by both the House and the Senate. The conference agreement does not include bill language added by the Senate that directs funding to estate planning. The detailed allocation of funding by program area and activity is included in the table at

the end of the statement. Bill Language.— The conference agreement includes bill language, as in previous years, limiting the amount of funding that can be used for historical accounting.

D EPARTMENT -W IDE P ROGRAMS

W ILDLAND F IRE M ANAGEMENT

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement provides $919,897,000 for Department of the Interior Wildland Fire Management instead of$932,780,000 as proposed by the House and $904,637,000 as proposed by the Senate. The conference agreement also includes an additional $61,000,000 for the new Department of the Interior FLAME Wildfire Suppression Reserve Fund as described below. The Senate had included $75,000,000 for a contingency reserve
fund within this account, whereas the House had included $75,000,000 in a separate Wildland Fire Suppression ContingencyReserve account as was in the budget request. The detailed allocation of funding by activity for these accounts is included in the

table at the end of the statement. The conferees note that the funding provided includes the use of $125,000,000 in prior year nonemergency funds because the suppression activity had very largecarry-over balances from fiscal year 2009. In addition to the directions provided in the House and Senate committee reports, the conference agreement also provides the following directions: Wildfire Preparedness.— The conference agreement provides $290,452,000 as proposed by the House instead of $289,192,000 as proposed by the Senate. Wildfire Suppression Operations.—The conference agreement includes $383,797,000 for wildland fire suppression instead of$369,797,000 as proposed by the House and $294,797,000 as proposed by the Senate. The Senate recommendation included an alloVerDate Nov 24 2008 02:33 Oct 30, 2009 Jkt 089006 PO 00000 Frm 00103 Fmt 6601 Sfmt 6601 E:\HR\OC\HR316.XXX HR316smartinez on DSKD5P82C1PROD with REPORTS104

cation of $75,000,000 within the suppression amount for a wildfire suppression contingency reserve. The conferees note the use of $125,000,000 in prior year funding. An additional $61,000,000 forsuppression activities is provided in the new FLAME Wildfire Suppression Reserve Fund. The conferees note that the Forest Service wildland fire suppression accounts are provided an additional $1,410,505,000, including $413,000,000 in the new Forest Service FLAME Wildfire Suppression Reserve Fund. Thus, the sum forwildfire suppression for both Departments, including both the suppression and the FLAME Wildfire Suppression Reserve Fund accounts, is $1,855,302,000. This sum is equal to the request and $526,164,000 above the fiscal year 2009 funding level. This is the largest funding increase ever provided for non-emergency wildfire suppression activities. The conferees reiterate that both the Interior Department and

the Forest Service should ensure that cost containment is an important priority when suppressing wildland fires. Both Departments must examine and report promptly to the Congress and onagency websites, using independent panels, on each and every individual wildfire incident which results in suppression expenses greater than $10,000,000. The conferees intend that amounts provided through the FLAME Fund, together with amounts provided through the Wildland Fire Management appropriations account, should fully fund anticipated wildland fire suppression requirements in advanceof the fire season and prevent future borrowing from non-fire programs. To satisfy this requirement, the conferees direct the Secretaries to develop new methods for formulating fire suppression funding estimates for the Wildland Fire Management and FLAME Fund appropriations accounts as part of their fiscal year 2011budget request. In formulating these estimates, the conferees expect the Secretaries to consider data regarding actual prior-year fire suppression expenditures, predictive modeling, and any other criteria that they deem appropriate, consistent with the directionprovided in this Act. It is the intent of conferees to provide sufficient funds for FLAME Wildfire Suppression Reserve accounts to preclude the necessity for transferring funds from other non-fire programs and activities except in unusual circumstances. Other Wildland Fire Management Operations.— The conferenceagreement provides $206,206,000 for hazardous fuels reduction activities at the Department of the Interior as requested and proposed by the Senate instead of $233,089,000 as proposed by the House. The conference agreement provides the requested funding for the other subactivities as was proposed by both the House and

the Senate. Bill Language.— The conference agreement includes the Houseproposed language allowing up to $50,000,000 to be transferred between the Interior Department and the Forest Service when such transfers would facilitate and expedite jointly funded wildland fire management programs and projects. Bill language is included that directs the Department to make no less than $125,000,000 in prioryear non-emergency suppression funds available for wildfire suppression purposes in addition to amounts otherwise provided. The agreement also includes the Senate proposed language stating that


wildfire suppression funds may be used for support of Federal emergency response actions. The conference does not include the Wildland Fire ContingencyReserve Fund which was in the request and the House recommendation. Instead, funds are provided for the FLAME Wildfire Suppression Reserve Fund, as described below.

FLAME W ILDFIRE S UPPRESSION R ESERVE F UND

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement provides $61,000,000 for the new Department of the Interior FLAME Wildfire Suppression Reserve
Fund established in the FLAME Act of 2009 (Title V of this Act). The Senate had included $75,000,000 within the Wildland Fire Management account for a suppression reserve, whereas the House had included, as requested, $75,000,000 for a separate Wildland Fire Suppression Contingency Reserve Fund. Further direction on the use of this new account is provided in Title V. A similar account in the Forest Service is also provided an ad- ditional $413,000,000. The conferees note that this is the first yearfor this new account, so adjustments will be required by the Federal wildfire community. The funding provided this year as a beginning allocation is equal to the actual expenditures during fiscalyear 2009 by the Department of the Interior on large wildfire suppression events, as defined by the FLAME Act of 2009. The conferees have established these funding levels to give the Departmentof the Interior and the Forest Service some degree of funding flexibility as they develop appropriate procedures and infrastructure forthe FLAME Funds. However, these levels are not intended to represent a final method for calculating FLAME Fund budget requests. Instead, as provided in Title V, the conferees expect the agencies to develop new methods for formulating fire suppression funding estimates for the Wildland Fire Management and FLAME Fund appropriations accounts as part of their fiscal year 2011 budget request.

C ENTRAL H AZARDOUS M ATERIALS F UND

The conference agreement provides the requested amount,$10,175,000, for the Central Hazardous Materials Fund as proposed by both the House and the Senate.

N ATURAL R ESOURCE D AMAGE A SSESSMENT AND R ESTORATION

N ATURAL R ESOURCE D AMAGE A SSESSMENT F UND

The conference agreement provides $6,462,000 for the Natural Resource Damage Assessment Fund as requested and as proposedby both the House and the Senate. The detailed allocation of funding by activity is included in the table at the end of the statement.

W ORKING C APITAL F UND

The conference agreement provides $85,823,000 for the Working Capital Fund as proposed by the Senate, instead of $75,823,000 as proposed by the House.


GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

(INCLUDING TRANSFERS OF FUNDS)

Sec. 101. Retains a provision included by both the House and the Senate providing Secretarial authority to transfer program funds for expenditures in cases of emergency. Sec. 102. Retains a provision included by both the House and the Senate providing for expenditure or transfer of funds by the Secretary in the event of actual or potential emergencies including forest fires, range fires, earthquakes, floods, volcanic eruptions, storms, oil spills, grasshopper and Mormon cricket outbreaks, and surface mine reclamation emergencies. Sec. 103. Retains a provision included by both the House and the Senate providing for use of appropriated funds for purchaseand replacement of motor vehicles, contracts, rental cars and aircraft, certain library memberships, and certain telephone expenses. Sec. 104. Retains a provision included by both the House and the Senate permitting the transfer of funds between the Bureau of Indian Affairs and the Office of the Special Trustee for American

Indians. Sec. 105. Retains a provision included by both the House andthe Senate permitting the redistribution of Tribal priority allocation and Tribal base funds to alleviate funding inequities. Sec. 106. Retains a provision included by both the House and the Senate permitting the conveyance of the Twin Cities Research

Center of the former Bureau of Mines for the benefit of the National Wildlife Refuge System. Sec. 107. Retains a provision included by both the House and the Senate allowing the Secretary to pay private attorney fees for employees and former employees incurred in connection with

Cobell v. Salazar. Sec. 108. Retains a provision included by the House requiring the U.S. Fish and Wildlife Service to mark hatchery salmon. Sec. 109. Continues a provision included by both the House and the Senate authorizing the Secretary of the Interior to acquire lands for the operation and maintenance of facilities in support of transportation of visitors to Ellis, Governors, and Liberty Islands. Sec. 110. Retains a provision included by the Senate, directingthe Secretary of the Interior to make certain certifications with respect to existing rights-of-way. Sec. 111. Retains a provision included by the House allowingthe Minerals Management Service to accept contributions to complete environmental documents prior to energy exploration and production through 2013. Sec. 112. Retains a provision included by the Senate extendingpermanently the authority of the Secretary to enter into cooperative agreements where such agreements are in the interest of the Department of the Interior.Sec. 113. Retains a provision included by the House authorizing funds provided for land acquisition at the Ice Age National Scenic Trail to be granted to a State, a local government, or any other land management entity. Sec. 114. Retains a provision included by the House providing the Secretary with civil and criminal penalty authority for revenue


collection of solid minerals, geothermal, and offshore alternative energy activities. This authority would correct existing deficienciesin sections 109 and 110 of the Federal Oil and Gas Royalty Management Act (FOGRMA). The Senate bill contained a similar provision. Sec. 115. Retains a provision included by the House allowing the Minerals Management Service to charge outer continental shelf oil and gas operators a fee for the required MMS inspections.Sec. 116. Retains a provision included by the Senate prohibiting the use of funds to reduce the number of Axis and Fallow deer at Point Reyes National Seashore. Sec. 117. Retains language included by the Senate extending the authorization for certain school payments at Yosemite National

Park until 2013. Sec. 118. Retains language included by the House amending authority for land purchase at San Juan Island National Historic

Park. Sec. 119. Modifies a provision included by the House amending the boundary of Heart Mountain. The agreement does not include language amending the boundary of Minidoka National Historic

Site authorization. Sec. 120. Retains language included by the Senate amendingthe Northern Plains National Heritage Area Act by including a private property opt-in provision to clarify that private landowners

will not have to include their land in the Northern Plains National Heritage Area unless they provide written consent for inclusion. Sec. 121. Retains language included by the Senate authorizingthe Secretary of the Interior to enter into a joint ticketing agreement at the U.S.S. Arizona Memorial in Hawaii with certain nonprofit entities for the convenience of visitors. Sec. 122. Retains language included by the Senate extending the authorization of certain payments to the Republic of Palau for fiscal year 2010. Sec. 123. Retains language included by the Senate amending Golden Gate Recreation Area to allow for concurrent jurisdiction. This change will allow the National Park Service to enhance its law enforcement and fire protection services. Sec. 124. Modifies language included by the Senate providing the Secretary discretion to issue a special use permit to Drake’sBay Oyster Company within Drake’s Estero at Point Reyes National Seashore. Sec. 125. Retains language included by the Senate directing the Secretary of the Interior to conduct a special resource study of

the Honouliuli Gulch and associated sites in Hawaii. Sec. 126. Modifies language included by the Senate regarding the security along the southwest border. Sec. 127. Retains language included by the Senate allowing property owners to opt-out of a National Heritage Area plan, project or activity. Sec. 128. The agreement includes a new provision proposed bythe Senate which directs the Secretary of the Interior to commemorate the leadership of Senator Robert J. Dole in bringing about the

World War II Memorial on the National Mall.


Sec. 129. The agreement includes a new provision proposed bythe Senate to extend the Martin Luther King, Jr. Memorial authority until September 30, 2010. Sec. 130. The agreement includes a new provision proposed by the Senate to extend the John Adams Memorial authority until September 30, 2010. The conference agreement does not include language regarding elk management in Theodore Roosevelt National Park as proposed by the Senate.

TITLE II—ENVIRONMENTAL PROTECTION AGENCY

S CIENCE AND T ECHNOLOGY

The conference agreement provides $846,049,000 for Science and Technology programs instead of $849,649,000 as proposed bythe House and $842,799,000 as proposed by the Senate. The conference agreement also transfers $26,834,000 from the HazardousSubstance Superfund account to this account. The detailed allocation of funding by program area and activity for this account is included in the table at the end of the statement. The conference agreement also includes the following specific funding levels and

directions: Homeland Security. —From within the amount provided, theconference agreement fully funds the remaining two Water Security Initiative pilot projects.
Research/National Priorities. —The conference agreement pro-vides $5,700,000 for this program and allocates the funds as proposed by the House instead of a competitive grant program proposed by the Senate. The conferees have agreed to the following allocation of funds: $2,000,000 for the Water Environment Research Foundation; $1,700,000 for the Water Research Foundation;$1,000,000 for the Southwest Consortium for Environmental Research and Policy; and $1,000,000 for the Consortium for Plant Biotechnology Research. Research: Human Health and Ecosystems. —The conference agreement includes no less than $11,442,000 for endocrine disruptor research. In addition, the conferees direct a portion of the increase provided for the Integrated Risk Information SystemHealth Assessments to expedite the risk assessment for trichloroethylene (TCE). The conference agreement includes an additional $3,000,000 for children’s environmental health research instead of $5,000,000 as proposed by the House. Of this amount $2,000,000 is directed to increase the base program for centers of excellence on children’s environmental health and is to be divided equally among the four centers. The conferees urge that at least one of these centers focus on child care settings. The remaining$1,000,000 is directed to accelerate research on the effects of environmental chemicals and toxins on children. Air Quality Research. —The conferees encourage the Agency to establish a competitively awarded, national research facility to help address many of the issues relating to air quality, as noted in the House report. The conferees note the need for additional air quality research such as that conducted by the University of California,

Riverside.


Hydraulic Fracturing Study. —The conferees urge the Agencyto carry out a study on the relationship between hydraulic fracturing and drinking water, using a credible approach that relies onthe best available science, as well as independent sources of information. The conferees expect the study to be conducted through a transparent, peer-reviewed process that will ensure the validityand accuracy of the data. The Agency shall consult with other Federal agencies as well as appropriate State and interstate regulatoryagencies in carrying out the study, which should be prepared in accordance with the Agency’s quality assurance principles.Health Effects of Fuel Efficiency and Emission Reduction Efforts. —The conferees are aware that efforts to improve fuel efficiency and to reduce greenhouse gas emissions will require carefulevaluation for potential consequences for human health and the environment. To ensure that the Agency can meet the need for this critical information in a timely and credible manner, the conferees encourage the Agency to work with experienced and independent extramural research partners to strengthen ongoing human health research and assessment efforts on alternative fuels, engines, and emission reduction technologies.

Black Carbon. —The conferees have included a modified versionof language originally proposed by the Senate in the Administrative Provisions section requiring the Administrator to complete andtransmit a study on black carbon to the House and Senate Committees on Appropriations, the House Energy and Commerce Committee and the Senate Environment and Public Works Committee

no later than 18 months after the date of enactment of this Act. The conferees agree that the Administrator shall carry out the study in consultation with other relevant Federal partners. The conferees further direct the Agency to fund this study from within amounts provided to the Office of Air and Radiation in either the Science and Technology account or the Environmental Programsand Management account or a combination of funds from each account. Bill language has been included in the Administrative Provisions section mandating this report.

Great Lakes Emission Control Areas .—Language has been included in the General Provisions section concerning the rule to control emissions from new marine compression-ignition engines. EPAis conducting a rulemaking (74 Fed. Reg. 44442) regarding fuel sulfur standards that will apply to vessels including those that are powered by large marine diesel engines, called Category 3 engines. While these standards can achieve significant health and welfare benefits, they can also impose significant costs on the industry and on a region whose economy is already reeling. EPA has receivedcomments detailing significant negative economic impacts for carriers that operate Category 3 engine vessels exclusively within theGreat Lakes and their connecting and tributary waters and therefore for the economy of the region. Because of these economic impacts, EPA should include waiver provisions similar to those inother EPA rules in the final rule—one to waive the 10,000 ppm sulfur standard for Great Lakes Category 3 diesel engine vessels that burn residual fuel if EPA determines that 10,000 ppm residual fuel is not available; and one to waive fuel requirements for an owner/ operator of a Great Lakes Category 3 diesel engine vessel based


upon a showing of serious economic hardship. It is important that EPA structure such a waiver provision similar to the other fuels rules, where parties can apply for and receive a waiver in sufficient time prior to the implementation of the requirements. Finally, EPA should perform a study and issue a report within six months thatevaluates the economic impact of the final rule on Great Lakes carriers.

E NVIRONMENTAL P ROGRAMS AND M ANAGEMENT

The conference agreement provides $2,993,779,000 for Environmental Programs and Management activities instead of $3,022,054,000 as proposed by the House and $2,878,780,000 asproposed by the Senate. The detailed allocation of funding by program area and activity for this account is included in the table at the end of the statement. The conference agreement also includes the following specific funding levels and directions: Brownfields. —The conference agreement provides the request of $1,246,000 for the Smart Growth Program. As proposed by theSenate, the agreement does not provide the requested funds for additional personnel. The House had proposed to fund one-half of the

increase. Compliance. —From within the amount provided, the conferees direct $25,070,000 for compliance assistance and centers and $9,702,000 for compliance incentives.

Environmental Protection/National Priorities. —The conference agreement provides $16,950,000 for this program and allocates thefunds as proposed by the House instead of a competitive grant program as proposed by the Senate. The conferees have agreed to the following allocation of funds: $13,000,000 for the National Rural Water Association; $2,500,000 for the Rural Community Assistance Partnership; $700,000 for the Water Systems Council/WellCare program; and $750,000 for the National Biosolids Partnership. Geographic Programs. —The conference agreement provides$608,441,000 for this program area instead of $628,941,000 as proposed by the House and $478,696,000 as proposed by the Senate. The detailed allocation of funding by specific geographic program

area is included in the table at the end of the statement. In addition to these specific amounts, the conference agreement includes the following directives for certain programs.

Great Lakes Restoration Initiative. —The conference agreement provides $475,000,000 for this new initiative. The conferees support

the Administration’s efforts to restore the Great Lakes and have agreed to the request to fund an interagency restoration effort, led by the Environmental Protection Agency. In addition, the conferees have agreed to consolidate and expand funding for the Agency’s Great Lakes National Program Office and Great Lakes Legacy Act programs within this new program-project. Bill language has been included to allow the Agency to transfer funding to or establish interagency agreements with other Federal agencies, and to make grants to relevant entities as appropriate. The conferees direct the Agency to work with the other Federalagencies to ensure these funds supplement and expand, not supplant, base Great Lakes programs when compared to fiscal year 2009 levels. The Agency is directed to provide, starting on March


1, 2010, annual reports that provide funding allocations by Agency and that identify any adjustments from the request. Beginning in2011 and each year thereafter, the Agency is directed to provide detailed yearly program accomplishments and compare specific funding levels allocated for participating Federal agencies from fiscal year to fiscal year. This includes programs funded at or below $500,000 that may not otherwise be identified in cross-cut budgets.The Agency and its Federal partners are expected to limit overhead.The Agency is directed to use the Great Lakes Regional Collaboration Strategy as a guide to maximize funding for actual restoration activities that achieve measurable results. A substantialportion of the funds shall be provided for restoration activities conducted by non-Federal partners to accomplish restoration objectives where appropriate and cost-effective. The conferees direct theAgency and the other Federal agencies to exercise maximum flexibility to minimize non-Federal match requirements in recognitionof the exceptional economic circumstances of the region and the significant ongoing investments made by non-Federal partners.To guide the activities of the Great Lakes Restoration Initiative through fiscal year 2014, including funding decisions in fiscalyear 2011 and future years, the conferees direct the Agency to develop a comprehensive, multi-year restoration action plan that will lead to the restoration of the Great Lakes. The action plan shouldbuild upon the foundation of the Great Lakes Regional Collaboration Strategy, utilize input from Great Lakes stakeholders, outline Federal agency actions to help protect and restore the chemical,physical, and biological integrity of the Great Lakes Basin ecosystem, and include targets and measurable objectives expected for fiscal years 2010 through 2014. The Agency should ensure that the goals, objectives, and targets of the Action Plan are aligned with those of the Great Lakes State, local and Tribal governments. The plan should also include a description of the process used to track and measure progress, target restoration priorities and adapt and modify those priorities in the outyears. In addition, the conferees expect the Agency to establish a process that: (1) Allows the Great Lakes area governors, mayors, Tribal leaders, regional organizations and other stakeholders to provide advice, guidance, and recommendations that will assist the Agency in making annual decisions on restoration priorities, activities, projects, and funding levels that reflect the highest priority needs;
(2) Coordinates restoration activities in the U.S. with those of the Canadian and provincial governments;(3) Engages an independent, scientific panel to review the scientific credibility of the plan to optimize the likelihood of successful restoration at appropriate scales; and, (4) Ensures monitoring and reporting on the progress of theGreat Lakes Restoration Initiative, using scientific research to revise restoration priorities as needed, and adapt and modify activities beginning in fiscal year 2011. In considering the appropriate science for the process, the Agency shall consider that independent scientific reviews are the preferred method for some elements and activities to ensure that the best available science guides efforts to restore the Great Lakes.


However, the Agency may selectively use and scale these scientific reviews so that the rate of progress is optimized at the same time scientific validation is ensured. The Agency shall determine those

elements for which additional scientific validation is needed to expedite restoration while providing the Agency with the basis for optimizing successful restoration programs and projects to advance the goals, objectives, and restoration priorities of the action plan. The conferees support funding Habitat and Wildlife Protection and Restoration through the National Oceanic and Atmospheric Administration at the Department of Commerce, as proposed by the Administration, and expect that funds will be expended on land conservation priorities that meaningfully contribute to the goals ofthe Initiative through the Coastal and Estuarine Land Conservation Program (CELCP). As with the other funds provided for the Great Lakes Restoration Initiative, the conferees further expect that these funds would supplement, rather than replace, CELCP funds provided in any other appropriations bill for priority projects in the Great Lakes region. Chesapeake Bay. —The conference agreement includes $50,000,000 for this program. In light of the new Executive Order on the Bay, which places additional demands on and expectations of the Agency and States, the conferees have included an increase above the request. The conferees direct the Agency to report within 30 days of enactment a proposed allocation of the additional funds. The conferees expect this allocation to recognize that the funds areintended to support additional regulatory and accountability programs to control urban, suburban and agricultural runoff in the watershed. The allocation should emphasize increases to State grant programs to support and expand the States’ regulatory and enforcement capabilities. Puget Sound. —The conference agreement includes $50,000,000for this program. From within the funds provided, $4,000,000 is included for the Puget Sound Ecosystem Research Initiative at the University of Washington’s College of the Environment. Thesefunds are to conduct, coordinate, and disseminate scientific research to inform policy decisions necessary to carry out the PugetSound Action Agenda. The remaining funds are for the Agency’s intramural costs, cooperative agreements, interagency agreements, contracts and competitive grants, including a competitive grant to manage implementation of the Action Agenda. Prior to announcingany requests for proposals for competitive grants, the conferees expect the Agency to coordinate with the State on priorities for the proposals. San Francisco Bay .—The conference agreement includes $7,000,000 to continue its competitive grant program to restore the San Francisco Bay watershed and improve water quality. The Agency shall use no more than five percent of the funds provided for the costs of administering the program. Long Island Sound .—The conferees direct the Agency to workwith the appropriate stakeholders to determine the proper allocation of funds between the Long Island Sound Restoration Act and the Long Island Sound Stewardship Act. The Agency is directed to report to the Committees on the final distribution of the funds.


Other Geographic Activities .—The conference agreement in- cludes $2,000,000 for a competitive grant program to protect thePotomac Highlands. The conferees recognize the Agency’s commitment to protecting the Potomac Highlands through conservation and ecological restoration initiatives. The Agency shall use no morethan 10 percent of the funds for intramural costs, with the remaining funds awarded on a competitive basis for projects identified in the Highlands Action Plan. Information Exchange/Outreach .—The conference agreement provides $129,972,000 for this program area. Within this amount, the conferees direct the following levels: $6,515,000 for children and other sensitive populations; $50,480,000 for Congressional,intergovernmental, external relations; $9,038,000 for environmental education; and, $16,860,000 for the exchange network. The conference agreement does not include additional funding for the Office of Children’s Health Protection as proposed by the House. IT/Data Management/Security .—The conference agreement provides $104,320,000 for this program. The conferees direct thatfunding for the Agency’s library system be exempted from this reduction. Legal/Science/Regulatory/Economic Review .—The conference agreement provides $123,788,000 for this program. The conferees have not provided funds for the Performance Track program. Theconferees direct the Agency to provide, at a minimum, the requested level for the Smart Growth Program. The conference agreement reflects the reduction to the Regulatory/Economic-Management and Analysis program as proposed by the House. Operations and Administration .—The conference agreement provides $501,895,000 for this program, which includes a$5,000,000 reduction to the request for the Financial System Modernization Project. The Agency may take the remaining $5,000,000 reduction from rent, utilities and/or security savings. Water: Ecosystems .—From within the amount provided, theconference agreement includes $22,400,000 for the National Estuary Grant Program instead of $28,000,000 proposed by the House and $16,800,000 proposed by the Senate. This increase will provide $800,000 to each National Estuary Program funded under section

320 of the Clean Water Act. Water Quality Protection .—From within the amount provided, the conference agreement includes $208,437,000 for the Surface
Water Protection program. Bill Language .—Language is included which mandates the amount allocated to the Geographic Programs. National Vehicle Mercury Switch Recovery Program .—The conferees are aware that the National Vehicle Mercury Switch Recovery Program is an effective way to reduce mercury emissions from end-of-life vehicles. The conferees have not included bill languageas proposed by the Senate; however, the conferees remain concerned that the program’s operating fund and bounty fund have both been depleted since August, 2009. The conferees urge the Agency to assist program stakeholders in exploring all options to ensure the program’s continued operation.

OCS Air Permits .—The conferees are concerned about the ability of the Agency to effectively carry out its responsibilities to procVerDate Nov 24 2008 20:32 Oct 29, 2009 Jkt 052820 PO 00000 Frm 00113 Fmt 6601 Sfmt 6601 E:\HR\OC\HR316.XXX HR316smartinez on DSKD5P82C1PROD with REPORTS114

ess oil and gas permits in the Outer Continental Shelf (OCS) in Alaska and the Eastern Gulf of Mexico. The Agency is directed to allocate sufficient funds and personnel to process OCS air permits in a timely manner consistent with all environmental laws. Within 90 days of enactment of this Act, the Agency is directed to report to the House and Senate Appropriations Committees on its progress to comply with this directive, provide a detailed timeline for issuance of the pending permits, and submit its plan to address this issue consistently among all affected regional offices. Lastly, the conferees expect the Agency to set clear, reasonable national guidelines for issuing OCS air permits. Gulf of Maine .—The conferees urge the Agency to undertake a study of pollution and water quality issues in the Gulf of Maine with the assistance of regional stakeholders to determine whethera comprehensive restoration plan should be developed for this region.

O FFICE OF I NSPECTOR G ENERAL

The conference agreement provides $44,791,000 for the Office of Inspector General as requested and as proposed by both theHouse and the Senate. The detailed allocation of funding by program area and activity for this account is included in the table at the end of the statement. The conference agreement also includes$9,975,000 to be transferred from the Hazardous Substance Superfund account to this account. The conference agreement again includes bill language which authorizes the Agency’s Inspector General (IG) to serve as the IG for the Chemical Safety and Hazards Investigation Board (the Board). The conferees have not included language in the Board’s

section of the bill to transfer funds from the Board’s account to thisaccount, as proposed by the House. The Office of the Inspector General (OIG) has confirmed that it has sufficient funds in fiscal year2010 to perform its duties as IG for the Board. The conferees expect the OIG to continue to expand reviews of the Board beyondthose mandated in law to include follow up on earlier GAO recommendations.The conferees also are concerned by the numerous reorganization proposals submitted by the Agency’s OIG and the lack of sufficient notice regarding such proposals. The conferees direct the IG to submit a report describing any proposed reorganization within the OIG at least 90 days before any reorganization is to take effect.Any report filed shall describe the purpose and need for the reorganization, the impact to personnel and anticipated costs. The submission also should contain charts of the current and proposed organizational structure. The conferees have included language in the Administrative Provisions section expressing their displeasure with the inadequate OIG analysis of the Agency’s unliquidated balances.

B UILDINGS AND F ACILITIES

The conference agreement provides $37,001,000 for Buildings and Facilities activities instead of $33,001,000 as proposed by theHouse and $35,001,000 as proposed by the Senate. The detailed alVerDate Nov 24 2008 20:32 Oct 29, 2009 Jkt 052820 PO 00000 Frm 00114 Fmt 6601 Sfmt 6601 E:\HR\OC\HR316.XXX HR316smartinez on DSKD5P82C1PROD with REPORTS115

location of funding by program area and activity for this account

is included in the table at the end of the statement. Bill Language .—The conferees have included modified language, as proposed by the Senate, directing the Agency to use upto $500,000 provided under this heading to begin preliminary planning and design work to consolidate the numerous offices and laboratories in the Las Vegas, NV area into a single sustainable building complex. As part of its planning and design process, the conferees expect the Agency to develop precise estimates of total costsavings from improved administrative efficiencies, workspace proximity and reductions in water and energy consumption of such a consolidation. Given recent legislative and executive mandates forFederal agencies to display leadership in adopting sustainable technologies such as the Energy Independence and Security Act of 2007, the EPAct of 2005, Executive Orders 13423 and 13514, and the American Recovery and Reinvestment Act, the conferees expect this project to further the Agency’s mission to set an example forenergy efficiency and environmental stewardship. Further, the conferees urge the Agency to include full funding for the next phaseof this project as part of the Agency’s fiscal year 2011 budget request.

H AZARDOUS S UBSTANCE S UPERFUND

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement provides $1,306,541,000 for the Hazardous Substance Superfund program as proposed by the House instead of $1,308,541,000 as proposed by the Senate. The conferenceagreement includes bill language to transfer $9,975,000 to the Inspector General account and $26,834,000 to the Science and Technology account as proposed by both the House and the Senate. The detailed allocation of funding by program area and activity for this

account is included in the table at the end of the statement. The conference agreement also includes the following specific direction: Operations and Administration .—The conference agreement provides $6,068,000 for human resources management as proposed by the House instead of $8,068,000 as proposed by the Senate. The conferees have provided only a small increase above the fiscal year2009 level because the Agency’s budget assumes a personnel decrease in this account. Brookfield Avenue Landfill .—The conferees encourage theagency to reevaluate the inclusion of the Brookfield Avenue Landfill in Staten Island, NY on the Superfund National Priority List as proposed by the House.

LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM

The conference agreement provides $113,101,000 for the Leaking Underground Storage Tank Trust Fund Program, as recommended by the House instead of $114,171,000 as proposed by the Senate. From within this amount, the conference agreement provides the request of $34,430,000 for the Energy Policy Actgrants as proposed by the House instead of $35,500,000 as proposed by the Senate. The detailed allocation of funding by program


area and activity for this account is included in the table at the end

of the statement.

OIL SPILL RESPONSE

For the Oil Spill Response account, the conference agreement provides the request of $18,379,000 as proposed by both the House and the Senate. The detailed allocation of funding by program area and activity for this account is included in the table at the end of

the statement.

S TATE AND T RIBAL A SSISTANCE G RANTS

The conference agreement provides $4,970,223,000 for the

State and Tribal Assistance Grants (STAG) instead of $5,215,446,000 as proposed by the House and $4,954,274,000 asproposed by the Senate. The detailed allocation of funding by program area and activity for this account is included in the table at the end of the statement. The conference agreement also includes the following specific funding levels and directions: Infrastructure Assistance .—The bill provides $3,853,777,000 for infrastructure assistance instead of $4,100,000,000 as proposed by the House and $3,843,000,000 as proposed by the Senate. State Revolving Funds .—The conference agreement provides $2,100,000,000 for the Clean Water State Revolving Fund (SRF) and $1,387,000,000 for the Drinking Water State Revolving Fund.Both amounts are at the Senate proposed levels. These funds, combined with the STAG Infrastructure Grants, provide a total of$3,643,777,000 for water and wastewater infrastructure improvements. Bill language provides that not less than 30 percent of the funds for each State drinking water SRF capitalization grant and 30 percent of the funds made available for State clean water SRF capitalization grants above $1,000,000,000 shall be used by the States to provide forgiveness of principal, negative interest loans orgrants, or any combination of these. The conferees believe that priority for additional subsidies should be given to projects in communities that could not otherwise afford such projects and directs the Agency and the States to track how these subsidies are used and by what types of communities. Mexican Border Infrastructure .—The conference agreement provides $17,000,000 for the Mexico Border program instead of $20,000,000 as proposed by the House and $10,000,000 as proposedby the Senate. From within the amount provided, $2,500,000 is directed to the El Paso and Brownsville, TX projects as in prioryears. The conferees direct the Agency to reduce unliquidated balances in this program and expedite construction of projects along

the border. Targeted Airshed Grants .—The conference agreement includes $20,000,000 for this program as proposed by the Senate to reduce air pollution in the Nation’s most polluted air districts. Of thesefunds, $10,000,000 shall be divided equally between the San Joaquin Air Pollution Control District and the South Coast Air QualityManagement District. These grants shall continue emission reduction activities in the transportation, agriculture and ports sectors and shall be matched at least on a one-to-one basis. The remaining


funds are for competitive grants to reduce air pollution in nonattainment areas that the Agency determines are ranked as the top five most polluted areas relative to annual ozone or particulate

matter 2.5 standards. The Agency is expected to follow the program directives included in the Senate report. Brownfields .—The conference agreement includes $100,000,000 for Brownfields programs as proposed by the House instead of $101,000,000 as proposed by the Senate. From within the amountprovided, the conferees direct $1,800,000 for the Technical Assistance to Brownfields Communities program and expect the Agency to expand this program in future years. STAG Infrastructure Grants .—The conference agreement in- cludes $156,777,000 for infrastructure assistance grants instead of$160,000,000 as proposed by the House and $150,000,000 as proposed by the Senate. Bill language has been included to incorporate these projects into law by reference and to require a local match of 45 percent of the total project costs as proposed by the House and Senate. The conferees note that technical corrections to prior year project designations have been included as part of the table

below. The conferees have agreed to the following distribution of

funds:












Categorical Grants.— The bill provides $1,116,446,000 for cat- egorical grants instead of $1,115,446,000 as proposed by the Houseand $1,111,274,000 as proposed by the Senate. Within this program area, the conference agreement includes: Climate Change Initiative Grants for Local Communities.— Theconference agreement includes $10,000,000 to continue this competitive grant program, which provides assistance to local governments to establish and implement climate change initiatives. The Agency is expected to follow the program directives included in the House report. Section 106 Water Quality Grants.— The conferees are veryconcerned by recent reports that EPA and the States are not keeping pace with Clean Water Act enforcement requirements and believe that increased oversight and enforcement efforts related to water quality are essential. The conferees recognize that Section 106 grants are the primary tool for funding State water quality and enforcement programs and have agreed to provide the requested funding increase of $10,769,000 above the fiscal year 2009 enacted level. The Agency is directed to ensure that the increased funds are used to strengthen State permitting and enforcement efforts and to ensure that these funds supplement and expand, not supplant,base State enforcement program resources. Consistent with recommendations from both the House and the Senate, the conferenceagreement does not include language proposed by the President regarding water quality monitoring. The conferees direct the Agencyto follow the historic allocation criteria between State capacitybuilding and national surveys. Bill Language.— Language is included within the STAG account, instead of in the Administrative Provisions section as proposed by the House, to address green infrastructure projects funded from the State Revolving Funds. The language, including technical modifications, clarifies that the type of projects eligible for the 20percent green infrastructure set-aside includes environmentally innovative activities as proposed by the Senate. Language is included to provide for additional subsidies from the State Revolving Funds as proposed by the House in the Administrative Provisions section.Language is included, as proposed by the Senate, to provide direction on the allocation of funds to address drinking water andwaste water infrastructure needs of Alaska Native villages, including that not less than 25 percent of those funds be used for projects in regional hub communities. The conferees have included language as proposed by the

House to increase the set-asides for Tribes and territories from the State Revolving Funds instead of language proposed by the Senate.As noted below, the conferees have modified language, as proposed by the Senate, making technical corrections to prior year infrastructure grants. These project corrections are now incorporated into law by inclusion in the table above. Technical Corrections to Prior Year STAG Infrastructure

Grants.—As proposed by the Senate, technical corrections to prioryear infrastructure grants are as follows:AL—Item number 9 in House Report 107–272 for the Southeast Alabama Regional Water Authority for a water facility project shall be made available to the City of Thomasville for that project.


AL—Item number 20 in House Report 107–272 for the Alabama Regional Water Authority for the Southwest Alabama Rural/ Municipal Water System shall be made available to the City of Thomasville for that project.AL—Item number 20 in House Report 108–10 for the Southwest Alabama Regional Water Authority for water infrastructure improvements shall be made available to the City of Thomasville for that project.AL—Item number 31 in House Report 108–401 for the Southwest Alabama Regional Water Supply District for regional watersupply distribution shall be made available to the City of Thomasville for that project. AL—Item number 30 in House Report 108–401 for the Tom Bevill Reservoir Management Area for construction of a drinking water reservoir shall be made available to Fayette County for water system upgrades.CA—Item number 44 in the joint explanatory statement to accompany P.L. 111–8 for the San Bernardino Municipal Water District for the Inland Empire alternative water supply project shallbe made available to the San Bernardino Municipal Water Department for that project.IL—Item number 95 in the joint explanatory statement to accompany P.L. 111–8 for the Village of Crestwood for water storage improvements shall be made available for the City of Quincy for drinking water system improvements.

KS—Of the funds made available for item number 96 in the joint explanatory statement to accompany P.L. 110–161 for the City of Prescott for a wastewater treatment plant construction, $170,800 shall be made available to the City of Prescott for that wastewater treatment plant construction and $129,200 shall be made available to the City of Wichita for a storm water technology pilot project.KS—Item number 108 in the joint explanatory statement to accompany P.L. 111–8 for the City of Manhattan for a sewer mainline extension project shall be made available to City of Manhattan for a water mainline extension project.KS—Item number 111 in the joint explanatory statement to accompany P.L. 111–8 for the Riley County Board of Commissioners

for the Konza Sewer Main Extension shall be made available to the City of Manhattan for the Konza Water Main Extension Project. MO—Item number 154 in the joint explanatory statement to accompany P.L. 111–8 for the City of Warrensburg for a drinkingwater and wastewater infrastructure project shall be made available to Johnson County for that project. MO—Item number 151 in the joint explanatory statement to accompany P.L. 111–8 for the City of Gravois Mills for wastewater

infrastructure shall be made available to the Gravois Arm Sewer District for that project. MO—Item number 155 in the joint explanatory statement toaccompany P.L. 111–8 for McDonald County for a wastewater infrastructure expansion project shall be made available to PWSD #1 of McDonald County for that project. MO—Item number 131 in the joint explanatory statement toaccompany P.L. 110–161 for the City of Hayti, Pemiscot ConsoliVerDate Nov 24 2008 20:32 Oct 29, 2009 Jkt 052820 PO 00000 Frm 00129 Fmt 6601 Sfmt 6601 E:\HR\OC\HR316.XXX HR316smartinez on DSKD5P82C1PROD with REPORTS130

dated Public Water Supply District 1 for a water storage tank shall be made available to Pemiscot Consolidated Public Water Supply District 1 for a drinking water source protection infrastructure project.SD—Item number 245 in the joint explanatory statement to accompany P.L. 111–8 for the City of Lake Norden for wastewater infrastructure improvements shall be made available to the City of Lake Norden for drinking water infrastructure improvements. Hancock, County, MS State Revolving Fund Loans.— The agreement includes a general provision that directs EPA to extend loan repayment periods for the Hancock County, MS Water and Sewer District and the Hancock Utility authority by one year in order to allow the community to explore all possible remedies toavoid defaulting on loans. The conferees see this as an extraordinary action based upon the devastating effect of HurricaneKatrina on Hancock County. Due to the population loss and economic impact caused by Hurricane Katrina, the community has sought, and been granted, this one year extension.

ADMINISTRATIVE PROVISIONS

, ENVIRONMENTAL PROTECTION AGENCY

(INCLUDING TRANSFER AND RESCISSION OF FUNDS)

The conference agreement includes language proposed by the House to extend until 2015 authority provided in P.L. 109–54 (asamended by Title II of Division E of Public Law 111–8) which provides special hiring authority for the Agency’s Office of Research and Development. The conferees believe that it is in the public’s best interest to have elite scientists at the EPA addressing human health-related issues, and that they should be compensated at or near market rates. To that end, for the past five years the House and Senate Committees on Appropriations have been supportive of extending to the EPA on a pilot basis the authorities originally granted the Department of Health and Human Services under Title 42 U.S.C. § 209. The conference agreement extends this authority for another five years, through FY 2015. The conferees are awarethat the National Academy of Sciences is in the process of assessing and evaluating the EPA’s use of Title 42 authority, and the conferees look forward to its report. Further, the conferees urge the EPA to work with the appropriate authorizing committees to seek more permanent authorization. The conferees understand that the EPA has made 11 Title 42 appointments to date utilizing Sections 209(g) and 209(h) authorities, but has not utilized Section 209(f)authority. The conferees direct the EPA to notify the Appropriations and Authorizing Committees prior to announcing any position to be filled utilizing Section 209(f) authority. Modified language is included to authorize the Administrator to transfer up to $475,000,000 of funds appropriated for the GreatLakes Restoration Initiative. Language authorizing a green infrastructure set-aside from the State Revolving Funds has been included in the STAG account as proposed by the Senate instead of in the Administrative Provisions section as proposed by the House. Language proposed by the House authorizing subsidized assistancefrom the State Revolving Funds has been included in the STAG account. The conference agreement modifies language proposed by


the House to provide specific wage rate requirements for the Clean Water and Drinking Water State Revolving Funds.

Rescission.— The conference agreement modifies rescission language proposed by the House and the Senate and rescinds$40,000,000 from the STAG and Superfund accounts. Based on information provided by the Agency, the conferees have expanded the scope of the rescission to include the Superfund account. For the STAG component of the rescission, the conferees direct the Agency to use unobligated balances from prior year categorical and othergrant programs. Unlike in previous years, the Agency is not to include as part of the rescission unobligated balances from prior year special project infrastructure grants. The conferees are concerned about the method by which the Agency has selected infrastructure grants as eligible for rescission and therefore will not allow the use of these types of funds for this specific rescission. The conferees further direct the Agency to report within 90 days of enactment ofthis Act the status of unobligated balances from the Title II Construction Grants program and a proposed plan to resolve legal and administrative impasses to either the use of these funds or their

rescission. In light of the significant amount of unliquidated obligations remaining on prior year grants, the conferees direct the Agency to improve procedures to ensure that grant funds are expended in a timely manner. In addition, the conferees are very concerned about the quality of information and analysis provided by the Office of the Inspector General (OIG) concerning the Agency’s unliquidated obligation balances. Any future submissions from the OIG on this topic should, at a minimum, identify the appropriation account for each program with unliquidated obligations. In addition, the OIG should not submit any estimates unless and until it has met with the Agency to review each obligation and determine togetherwhether or not it is actually available for rescission. Only after consultation with and agreement from the Agency, should the OIG report to Congress as available for rescission any funds attached to grants with active performance periods. Black Carbon Study.— The conferees have included a modifiedversion of the language proposed by the Senate requiring the Agency to conduct a study on black carbon emissions and have provided additional direction under the Science and Technology account.

TITLE III—RELATED AGENCIES

DEPARTMENT OF AGRICULTURE

F OREST S ERVICE

The conference agreement provides a total of $5,297,256,000for all Forest Service accounts instead of $5,420,138,000 as proposed by the House and $5,368,758,000 as proposed by the Senate (including the entire $834,000,000 proposed by the Senate in their

section 431 version of the FLAME Act). The detailed allocation of funding by appropriation account and budget activity is included in

the table at the end of the statement. The conference agreement concurs with the House proposed language encouraging the Forest Service to accelerate the longleaf


pine restoration effort using funds provided within the NationalForest System, State and Private Forestry, and Forest and Rangeland Research accounts.

FOREST AND RANGELAND RESEARCH

The conference agreement provides $312,012,000 for Forest and Rangeland Research instead of $308,612,000 as proposed bythe House and $307,012,000 as proposed by the Senate. The detailed allocation of funding by activity for this account is included

in the table at the end of the statement. In addition to the directions provided in the House and Senate committee reports, the conference agreement also provides the following directions: Research and Development Programs .—The conference agreement includes the $5,000,000 funding increase and the directionsproposed by the House concerning the global climate change program increase and the Senate proposed increase above the request of $400,000 to increase the budget request for the Center for Bottomlands Hardwood Research, MS, for a total of $800,000. The House proposed fixed cost increase is not included. The confereesreiterate their support for the amount requested for the Northeastern States Research Cooperative and expect the Service to allocate funds among participating entities. Forest Inventory and Analysis .—The conference agreement includes an increase of $5,000,000 above the request as recommended by the Senate. The Senate directions concerning this program

should be followed.

STATE AND PRIVATE FORESTRY

The conference agreement provides $308,061,000 for State and Private Forestry instead of $307,486,000 as proposed by the Houseand $276,946,000 as proposed by the Senate. The detailed allocation of funding by activity for this account is included in the table at the end of the statement. In addition to the directions providedin the House and Senate committee reports, the conference agreement also provides the following directions: Forest Health Management .—The conference agreement provides an increase of $2,000,000 above the request for high prioritywork in the Federal program as described by the House. The cooperative program includes the $2,000,000 increase for emerald ash borer urban restoration as recommended by the House as well as the Senate proposed $750,000 increase for gypsy moth activities. The conferees encourage the Service to pursue additional emerald ash borer response activities such as those discussed by the Senate to help the State of Wisconsin, within the normal program. As detailed below, the conference agreement also allows up to$2,000,000 within the cooperative Forest Health Management program to be made available for the Pest and Disease Revolving Loan Fund established by Public Law 110–246. Cooperative Fire Protection .—The conference agreement includes an increase of $4,000,000 for State Fire Assistance as recommended by the House, which should be targeted for activities related to implementing State-wide Assessment and Resource Strategy plans.


Forest Stewardship .—The conference agreement includes theHouse proposed increase of $1,000,000 for the Chesapeake Bay program but the agreement does not include the other increases proposed by the House. Forest Legacy .—The Forest Legacy program is funded at a total level of $79,460,000, of which $3,000,000 is derived from prior-year unobligated funds. This includes $6,200,000 for program administration, $500,000 to initiate the community forest program, and $72,760,000 for forest legacy projects. The Service should fund projects in priority order according to their competitively selected national priority list for fiscal year 2010. Urban and Community Forestry .—The conference agreement includes the following projects proposed by the House: $150,000 forthe Baltimore Urban Forestry Watershed Demonstration Cooperative Project; $300,000 to support the Menomonee Valley Partners Inc., Urban Forestry Project in Milwaukee, WI; and $1,000,000 tocontinue the Seattle-Tacoma regional urban forestry restoration effort, WA. Economic Action Program .—The conference agreement includesthe following projects proposed by the Senate: $300,000 to the Missouri Forest Foundation for a biomass demonstration project;$200,000 to the Utah Department of Agriculture for a fuels-forschools biomass utilization project; $2,500,000 to the Service’s Region 5, for small forest products infrastructure assistance grants in California; $500,000 to the State of Vermont for the Vermont WoodProducts Collaborative; and $500,000 to the Blue Mountain Community Renewable Council for the Calaveras Healthy Impact Product Solutions biomass utilization project (CHIPS) in Calaveras,California. An additional $1,000,000 above the request is also provided to increase the budget request for the Wood Education and Resource Center in Princeton, WV, for technical assistance and business development activities, for a total of $1,900,000. International Program .—The conference agreement provides $9,818,000 for the International program, an increase of $750,000 above the request. Bill Language .—The conference agreement includes language proposed by the Senate within the National Forest System account, which allows up to $2,000,000 to be made available to the Pest and Disease Revolving Loan Fund as 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)

The conference agreement provides $1,551,339,000 for the National Forest System instead of $1,564,801,000 as proposed by the House and $1,552,429,000 as proposed by the Senate. The detailed allocation of funding by activity for this account is included in the table at the end of the statement. The House proposed increases within several budget activities for climate change adaptation are not included. In addition to the directions provided in the Houseand Senate committee reports, the conference agreement also provides the following directions:


Land management planning .—The conference agreement includes $399,000 above the request to partially offset fixed cost increases. Inventory and Monitoring .—The conference agreement includes $1,807,000 above the request to partially offset fixed cost increases. Recreation, Heritage, and Wilderness .—The conference agreement does not include the House proposed increases for fixed costsor the youth and conservation initiative. The agreement does include an increase of $5,000,000 above the request to assist priority
recreation operations. Wildlife and Fisheries Habitat Management .—The conference agreement includes $1,543,000 above the request to partially offset

fixed cost increases.

Forest Products .—The conference agreement does not include the Senate proposed increase for regions with recently closed and at-risk mills but does include an increase above the request of $6,513,000 to offset fixed costs. The conferees expect the Service toconsider regional needs to maintain at-risk forest products infrastructure as it allocates the fixed cost increase. The Senate proposed increase of $1,250,000 to increase the budget request for the Tongass National Forest timber pipeline program, AK, is included. Vegetation and Watershed Management .—The conference agreement includes $3,500,000 above the request to expand efforts to fund cleanup activities associated with marijuana eradication on national forest lands and $2,174,000 above the request to partially

offset fixed cost increases. Minerals and Geology Management .—The conference agreement includes $590,000 above the request to partially offset fixed

cost increases. Land Ownership Management .—The conference agreement includes $1,234,000 above the request to partially offset fixed cost increases. Law Enforcement Operations .—The conference agreement includes an increase of $10,000,000 above the request to expand the Service’s marijuana eradication activities on national forest system lands as proposed by the Senate and discussed during House floor action. The conferees have retained Senate direction regarding the

allocation of this increase. Bill Language .—The conference agreement provides three-year authority for the Forest Service to transfer up to $10,000,000 to theDepartment of the Interior, Bureau of Land Management, for certain wild horse and cadastral survey work they perform on behalf

of the Service.

CAPITAL IMPROVEMENT AND MAINTENANCE

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $556,053,000 for CapitalImprovement and Maintenance instead of $560,673,000 as proposed by the House and $513,418,000 as proposed by the Senate. The conferees note that they have agreed to offset these funds with a $18,000,000 scoring credit, as proposed by the House and Senate.The detailed allocation of funding by activity for this account is included in the table at the end of the statement. In addition to the


directions provided in the House and Senate committee reports, the conference agreement also provides the following directions: Facilities Capital Improvement .—The conference agreement provides for the following projects: $595,000 increase for facilitiesimprovements on the Monongahela National Forest, WV; an increase of $800,000 above the budget request to continue construction of research stations in Hawaii, for a total of $1,460,000; $500,000 to complete construction of a Cherokee National Forest work center, TN; $1,900,000 for relocation of the Northern Great Plains Interagency Dispatch Center on the Black Hills National Forest, SD; and $475,000 to redesign the Ratcliff Lake Recreation Area and campground, TX. Road Capital Improvement .—The conference agreement in- cludes an increase of $1,521,000 for road improvements for the Monongahela National Forest, WV. Trail Maintenance and Capital Improvement .—The conference agreement includes the House proposed $2,000,000 increase for fixed costs and the $1,200,000 designated for Sawtooth NationalRecreation Area, ID trail construction and maintenance. The agreement also includes the Senate-proposed increase of $100,000 to the Lake Tahoe Basin Management Unit for improvements to theTahoe Rim Trail, NV, to be conducted by the Tahoe Rim Trail Association. Legacy Road and Trail Remediation .—The conference agree-ment provides $90,000,000 for the legacy road and trail remediation program. The Service should follow the direction as described by the House. Bill Language .—The conference agreement includes the Houseproposed language concerning the availability of funds for decommissioning of roads. The conference agreement includes the Senate proposed language limiting funds to decommission any system roaduntil notice and an opportunity for public comment has been provided on each decommissioning project.

LAND ACQUISITION

The conference agreement includes $63,522,000 for Land Acquisition instead of $36,782,000 as proposed by the House and $67,784,000 as proposed by the Senate. The conference agreement includes the following distribution of funds:

State Project Amount

CA ................................... Angeles National Forest, Bighorn Mine ..................................................... ................. $1,750,000

CA ................................... Angeles National Forest, Shoemaker Canyon ................................................. ............ 500,000

CA ................................... Humboldt-Toiyabe National Forest .......................................................... .................... 2,400,000

CA ................................... Los Padres National Forest, Big Sur Ecosystem ............................................. ........... 1,500,000

CA ................................... San Bernardino National Forest, Garner Home Ranch ......................................... ...... 500,000

CA ................................... Tahoe and El Dorado National Forests, Sierra Nevada Checkerboard ....................... 1,0 00,000

CO .................................. Uncompahgre National Forest ................................................................ .................... 1,000,000

FL ................................... Florida National Scenic Trail ............................................................. ......................... 500,000

FL ................................... Osceola National Forest, Pinhook Swamp Wildlife Corridor .................................. ..... 500,000

GA ................................... Chattahoochee-Oconee National Forest ...................................................... ................ 1,200,000

ID .................................... Sawtooth National Recreation Area, Piva Parcel ........................................... ............ 400,000

IN .................................... Hoosier National Forest .................................................................. ............................. 825,000

KY ................................... Daniel Boone National Forest .............................................................. ....................... 900,000

MI ................................... Ottawa National Forest, Great Lakes/Great Lands ........................................... .......... 1,500,000

MN .................................. Chippewa/Superior National Forest, Minnesota Wilderness .................................... ... 900,000

MO .................................. Mark Twain National Forest, Missouri Ozark ................................................. ............. 500,000


State Project Amount

MT .................................. Gallatin and Custer National Forests, Greater Yellowstone Area ............................. . 2,000,000

MT .................................. Helena National Forest, Blackfoot Challenge ................................................ ............. 1,000,000

MT .................................. Lewis and Clark National Forest ............................................................ .................... 1,500,000

NC .................................. Pisgah National Forest, Catawba Falls Access & Trail Acquisition .......................... 7 13,000

NC .................................. Uwharrie National Forest, Uwharrie Trail ................................................... ................ 500,000

NH .................................. White Mountain National Forest ............................................................. .................... 434,000

NM .................................. Gila National Forest, Bear Creek Ranch ..................................................... ............... 3,000,000

PA ................................... Allegheny National Forest ................................................................. .......................... 500,000

SD ................................... Black Hills National Forest, Lady C Ranch ................................................. ............... 1,640,000

TN ................................... Cherokee National Forest, Rocky Fork ...................................................... .................. 6,000,000

UT ................................... Bonneville Shoreline Trail ................................................................ ........................... 1,500,000

UT ................................... Dixie National Forest ..................................................................... .............................. 2,500,000

UT ................................... Uinta & Wasatch-Cache National Forests, High Uintas ....................................... ..... 1,500,000

VT ................................... Green Mountain National Forest ............................................................ ..................... 2,250,000

WA .................................. Mt. Baker-Snoqualmie/Wenatchee National Forests, Cascades Ecosystem ............... 1,000,000

WA .................................. Mt. Baker-Snoqualmie National Forest, Wild Sky Wilderness .................................. .. 1,700,000

WA, OR ........................... Wallowa-Whitman National Forest, Hells Canyon National Recreation Area ............. 1,500,000

WI ................................... Chequamegon-Nicolet National Forest, Wisconsin Wild Waterways .......................... 2,1 25,000

WV .................................. Monongahela National Forest, Cummings Tract ................................................ ........ 985,000

WV .................................. Monongahela National Forest, Dolly Sods Conservation Area .................................. .. 2,800,000

Subtotal, Line Item Projects ................................................................................. 51,022,000

Acquisition Management ............................................................................................ 8,000,000

Equalization ................................................................................................................ 1,0 00,000

Inholdings ................................................................................................................... 3, 500,000

Total, Forest Service Land Acquisition ............................................................ 63,522,000

ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

The conference agreement includes $1,050,000 as requested
and as proposed by both the House and the Senate for Acquisition of Lands for National Forests Special Acts.

ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

The conference agreement includes $250,000 as requested and
as proposed by both the House and the Senate for Acquisition of Lands to Complete Land Exchanges.

RANGE BETTERMENT FUND

The conference agreement includes $3,600,000 as requested
and as proposed by both the House and the Senate for the Range

Betterment Fund.

GIFTS

, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND

RESEARCH

The conference agreement includes $50,000 as requested and
as proposed by both the House and the Senate for Gifts, Donations and Bequests for Forest and Rangeland Research.

MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES

The conference agreement includes $2,582,000 as requested
and as proposed by both the House and the Senate for Management of National Forest Lands for Subsistence Uses.


WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement provides $2,178,737,000 for Forest Service Wildland Fire Management instead of $2,370,288,000 asproposed by the House and $1,817,637,000 as proposed by the Senate. The conference agreement also includes an additional$413,000,000 for the new Forest Service FLAME Wildfire Suppression Reserve Fund established in the FLAME Act of 2009 (Title Vof this Act). The Senate had included $282,000,000 for a contingency reserve fund within Wildland Fire Management, whereas theHouse had included $282,000,000 in a separate Wildland Fire Suppression Contingency Reserve account, as requested. The Senate

recommendation also included in section 431 an additional$834,000,000 for the inter-departmental FLAME Fund and an additional $10,000,000 in a separate Collaborative Forest Landscape

Restoration Fund. The detailed allocation of funding by activity for the wildfire

accounts is included in the table at the end of the statement. The conferees note that the funding provided includes the use of $75,000,000 in prior year funds because the suppression activity had large, non-emergency carry-over balances from fiscal year2009. In addition to the directions provided in the House and Senate committee reports, the conference agreement also provides the following directions: Wildfire Preparedness. —The conference agreement provides$675,000,000 as requested for preparedness but not the funds recommended by the House and the Senate for fixed costs or firefighter retention. The conferees have retained direction directing the Secretary of Agriculture, after notifying the House and SenateAppropriations Committees, to adjust allocations between preparedness and suppression funds to ensure that readiness needsare fully funded for this fiscal year. However, the conferees are concerned that these shifts of aviation, personnel and overhead coststo the suppression appropriation have continued to grow exponentially and cloaked the true cost of the agency’s readiness needs.The conferees believe an analysis of base preparedness requirements must be an essential element of the firefighting budget reforms proposed in Title V and has provided additional direction tothat effect within the description of that title. Further, the conferees note that firefighter retention initiatives for fiscal year 2010 will be fully funded by prior-year appropriations as appropriate to maintain experienced and qualified staffing.

The conferees reiterate the House and Senate direction concerning readiness required for public safety and the requirement that the Forest Service provide a copy of its report on Federal air tanker needs, including an estimate of replacement costs, within 30 days of enactment of this Act. Wildfire Suppression Operations. —The conference agreement includes $997,505,000 for wildland fire suppression instead of$1,128,505,000 as proposed by the House and $369,505,000 as proposed by the Senate. As noted above, the Senate had also included $834,000,000 in section 431 for an inter-departmental FLAMEfund. The conferees note the use of $75,000,000 in prior-year fundVerDate Nov 24 2008 20:32 Oct 29, 2009 Jkt 052820 PO 00000 Frm 00137 Fmt 6601 Sfmt 6601 E:\HR\OC\HR316.XXX HR316smartinez on DSKD5P82C1PROD with REPORTS138

ing. An additional $413,000,000 for suppression activities is provided in the new Forest Service FLAME Wildfire Suppression Reserve Fund. The conferees note that the Department of the Interiorwildland fire suppression accounts are provided $444,797,000, including $61,000,000 in the new Department of the Interior FLAMEWildfire Suppression Reserve Fund. Thus, the sum for wildfire suppression for both Departments, including both the suppression and the FLAME Wildfire Suppression Reserve Fund accounts is $1,855,302,000. This total is equal to the request for all wildfire suppression accounts and is $526,164,000 above the fiscal year2009 funding level. This is the largest non-emergency funding increase ever provided for wildfire suppression. The conferees note that additional direction concerning the useof the new Forest Service and Interior Department FLAME Wildfire Suppression Reserve Funds is included in Title V accompanying the FLAME Act of 2009. In particular, the conferees note that direction has been provided to the Service in Title V relating to the formulation of future fire suppression budget estimates for Wildland Fire Management and FLAME Fund appropriations. Theuse of the FLAME funds is entirely consistent with the risk-informed wildfire suppression reforms discussed in the budget request, including expanded use of the Wildland Fire Decision Support System, which will result in strengthened oversight and accountability of suppression spending. The conferees reiterate that both the Interior Department and

the Forest Service should ensure that cost containment is an important priority when suppressing wildland fires. Both Departments must examine and report promptly to the Congress and onagency websites, using independent panels on each and every individual wildfire incident which results in suppression expenses greater than $10,000,000.The conferees note that bill language included in the Administrative Provisions provides authority for the Forest Service to transfer non-wildfire funds for emergency wildfire suppression onceall the funds in this account and the new FLAME Wildfire Suppression Reserve Fund will be exhausted within 30 days.

Hazardous Fuels Reduction. —The conference agreement provides $350,285,000 for hazardous fuels reduction activities at the Forest Service instead of $378,086,000 as proposed by the Houseand $340,285,000 as proposed by the Senate. The agreement provides a $25,000,000 increase for this program; the Service is directed to allocate this increase to areas that face the highest risk of catastrophic wildfire based on fuel loads and values at risk. The conference agreement also includes $10,000,000 for fuels reduction and restoration activities authorized by the Collaborative ForestLandscape Restoration Act (P.L. 111–11) within this account instead of within a separate appropriations account as proposed bythe Senate. The conferees expect the Service to follow direction included in the Senate report regarding the submission of forest landscape projects funded through this new program no later thanMarch 1, 2010. The agreement does not include the general program increase recommended by the House. The agreement includes the House recommendation of $5,000,000 for certain biomass grants as was requested.


Rehabilitation. —The conference agreement includes the $100,000 increase proposed by the House for the San Bernardino, CA, urban youth conservation corps. The conferees note that therehave been extreme wildfires in recent years, which will require extensive rehabilitation and restoration activities. The Service isurged to provide a detailed assessment of future needs and accomplishments in the next budget request. Forest Health Management. —The conference agreement includes general program increases above the fiscal year 2009 level of $3,500,000 for Federal lands forest health management and $1,500,000 for cooperative lands forest health management.

State Fire Assistance. —The conference agreement includes a general program increase of $15,000,000. This will help the States accomplish national fire plan activities including hazardous fuels reduction and implementation of community wildfire protection plans. The agreement also includes the following increases above the request as proposed by the Senate: $4,000,000 for the South Lake Tahoe Public Utility District to increase the budget request for the Lake Tahoe Community Fire Protection Project to fund water system improvements by local utility districts to enhance firefighting capability, for a total of $5,000,000; $2,000,000 for fire risk reduction activities by California Fire Safe Council chapters, including activities in the Lake Tahoe Basin, for a total of$5,000,000; and $250,000 for the City of Reno, NV to fund firefighting equipment for the wildland-urban interface. The conferees have agreed that a 25 percent local match shall be required for Fire Safe Council grants. Bill Language. —The conference agreement modifies the language in the budget request and House recommendation concerning procurements and cooperative agreements for hazardous fuels and associated monitoring activities so it is limited to $15,000,000. The conference agreement includes Senate-proposed language: (1) allowing up to $15,000,000 in hazardous fuels funding to be transferred to the National Forest System account at the sole discretion of the Forest Service Chief 30 days after notifying the Committees on Appropriations; and (2) concerning the use of fundson adjacent non-Federal lands and the availability of funds to implement the Community Forest Restoration Act. As previously noted, modified language is also included that allows $10,000,000of funds made available for hazardous fuels reduction to be deposited in the Collaborative Forest Restoration Fund. Bill language is

included that directs the Forest Service to make no less than $75,000,000 in prior year non-emergency wildfire suppression funds available for wildfire suppression purposes in addition to amounts otherwise provided. The agreement includes the Houseproposed language allowing up to $50,000,000 to be transferred between the Interior Department and the Forest Service when such transfers would facilitate and expedite jointly funded wildland fire management programs and projects. The conference agreement does not include the Wildland Fire Contingency Reserve Fund, which was in the request and the House recommendation. Instead, funds are provided for the FLAME Wildfire Suppression Reserve Fund, as described below.


FLAME WILDFIRE SUPPRESSION RESERVE FUND

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement provides $413,000,000 for the newForest Service FLAME Wildfire Suppression Reserve Fund established in the FLAME Act of 2009 (Title V of this Act). The Senate had included $282,000,000 within the Wildland Fire Management account for a suppression reserve, whereas the House had included,as requested, $282,000,000 for a separate Wildland Fire Suppression Contingency Reserve Fund. Further direction on the use of this new account is provided in Title V. The conferees note that funding provided this year as a beginning allocation is equal to the actual expenditures during fiscal year 2009 by the Forest Service on large wildfire suppression events, as defined by the FLAME Act of 2009 (Title V of this Act). A similar account in the Departmentof the Interior is also provided an additional $61,000,000. The conferees have established these funding levels to give the Departmentof the Interior and the Forest Service some degree of funding flexibility as they develop appropriate procedures and infrastructure forthe FLAME Funds. However, these levels are not intended to represent a final method for calculating FLAME Fund budget requests. Instead, as provided in Title V, the conferees expect the agencies to develop new methods for formulating fire suppression funding estimates for the Wildland Fire Management and FLAME Fund appropriations accounts as part of their fiscal year 2011 budget request. The conferees appreciate the Administration’s recognition thatbudgeting for wildfire suppression using the 10-year rolling average has failed to keep pace with actual funding requirements and has led to significant disruption as agencies borrow from non-fire program accounts when funds are exhausted. The conferees intend that, for fiscal year 2010 and beyond, amounts provided through the FLAME Fund, together with amounts provided through the Wildland Fire Management account, should fully fund anticipatedwildland fire suppression requirements and prevent future borrowing from non-fire programs.

ADMINISTRATIVE PROVISIONS

, FOREST SERVICE

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement includes administrative provisions similar to previous years. This includes limiting transfers to theUSDA for reimbursable charges to the requested amount and allowing up to $55,000,000 to be assessed for fire, administrative and other facilities maintenance. The House recommended languagecontinuing a provision concerning the use of funds for certain Puerto Rico school expenses is included. The conference agreement provides $3,000,000 for the National Forest Foundation and$3,000,000 for the National Fish and Wildlife Foundation; it is acceptable for these foundations to make grants to Federal recipients, including Forest Service offices. As recommended by the House, the Government Accountability Office should conduct an independentanalysis of centralized business services of the Forest Service, including a comprehensive review of the purchase card program.


The bill language concerning transfers of funds for certain emergency wildfire suppression needs has been modified from theversions recommended by either the House or the Senate to be consistent with the FLAME Act of 2009. Non-wildfire suppression funds may not be transferred unless all other funds, including both those in the Wildland Fire Management account and the FLAME Wildfire Suppression Reserve Fund, will be fully exhausted within 30 days. The Service should take its first fire suppression transfersfrom unobligated balances, if available, from the Knutson-Vandenberg Trust Fund and other permanent and trust fund accounts, and use those balances, as appropriate, before transferring funds from discretionary accounts.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

I NDIAN H EALTH S ERVICE

INDIAN HEALTH SERVICES

The conference agreement provides $3,657,618,000 for Indian Health Services as proposed by the House, instead of $3,639,868,000 as proposed by the Senate. The detailed allocation of funding by program area and activity for this account is included in the table at the end of the statement. The conference agreement also includes the following directions:

Domestic Violence Prevention .—The conference agreement provides a total of $10,000,000 as proposed by the House for domestic violence and sexual assault prevention and treatment, instead of $7,500,000 as proposed by the Senate. From within those funds,the Indian Health Service (IHS) is directed to implement a nationally coordinated Sexual Assault Forensic Examiner/Sexual Assault Response Team (SAFE/SART) program to be used to fund IHS andTribally managed hospitals, clinics and/or other facilities that provide 24/7 emergency care through competitive grants, 638 contracts and/or program awards to build local SAFE and SART capacity. Inaddition, the Service is directed to expand its national domestic violence grant program through competitive grants, 638 contractsand/or program awards to address the growing need for these services. As the need for domestic violence programs increases, so do the number of cases that need to be prosecuted. However, there have been reports that the Department of Health and Human Services policy on witness subpoenas impedes the ability of IHS personnel to present evidence or testimony in these cases. This can cause the cases to be dropped and the perpetrators to potentially walk free. This scenario is simply unacceptable. Therefore, the Department and the Service are directed to reevaluate and revise this policy to ensure that IHS personnel are able to testify and present evidence in these cases and to report to the House and Senate Committeeson Appropriations on their revised policy within 90 days of enactment of this Act.

Dental Health .—The conference agreement provides $152,634,000 for dental health programs as proposed by the House, instead of $151,384,000 as proposed by the Senate. Of those funds,$1,000,000 is for the Headquarters Division of Oral Health to exVerDate Nov 24 2008 20:32 Oct 29, 2009 Jkt 052820 PO 00000 Frm 00141 Fmt 6601 Sfmt 6601 E:\HR\OC\HR316.XXX HR316smartinez on DSKD5P82C1PROD with REPORTS142

pand the dental residency program and $250,000 is to expand the
summer extern program. In addition, the Service is directed to further its dental health efforts by utilizing a portion of the health information technology funds to refine and expedite the deployment schedule of the electronic dental record system. Urban Indian Health Program .—The conference agreement provides $43,139,000 as proposed by the House for urban health programs, instead of $38,139,000 as proposed by the Senate. The
increase is provided to assist the Service in addressing shortfalls within this program that have accumulated over the last severalyears. Bill language from previous years has not been included because the conferees are satisfied that the Administration does not intend to eliminate this program.

INDIAN HEALTH FACILITIES

The conference agreement provides $394,757,000 for Indian
Health Facilities as proposed by both the House and the Senate. The detailed allocation of funding by program area and activity for

this account is included in the table at the end of the statement. The conference agreement also includes the following directions:The conferees remain concerned about the systemic weaknesses in the IHS inventory management system, as identified by the Government Accountability Office (GAO). A recently releasedfollow-up investigation by the GAO suggests these weaknesses persist. The conferees expect the Service to ensure that the provision of health care services is not adversely affected by these problemsand demonstrate that it is working aggressively to strengthen administration and accountability. The Service is directed to evaluateits inventory management system, identify and correct any deficiencies, and provide a detailed report to the House and SenateCommittees on Appropriations on its efforts within 60 days of enactment of this Act.The conferees are concerned about the persistent backlog of Indian Health Service health facilities construction projects serving

American Indians and Alaska Natives. The conferees believe thatthe joint venture program provides a cost-effective means to address this backlog and to increase access to health care services for

American Indians and Alaska Natives. The conferees are aware that IHS is currently reviewing competitive applications fromTribes and Tribal organizations to participate in the 2010 joint venture program and encourage the Service to move forward with the process in an expeditious manner.

N ATIONAL I NSTITUTES OF H EALTH

N ATIONAL I NSTITUTE OF E NVIRONMENTAL H EALTH S CIENCES

The conference agreement provides $79,212,000 for the National Institute of Environmental Health Sciences as requested and as proposed by both the House and the Senate.


A GENCY FOR T OXIC S UBSTANCES AND D ISEASE R EGISTRY

TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

The conference agreement provides $76,792,000 for the Agency
for Toxic Substances and Disease Registry as requested and as proposed by both the House and the Senate. The conferees continue

to be concerned with the CDC’s administrative costs. The confereesare aware that the CDC plans to commission a study on administrative costs. The conferees direct the ATSDR to submit the results of that study, as soon as it becomes available. If necessary, the House and Senate Committees on Appropriations may consider a cap on administration expenses. Bill Language .—The conference agreement includes language that provides up to $1,000 per eligible employee of the ATSDR for Individual Learning Accounts as proposed by the House.

OTHER RELATED AGENCIES

E XECUTIVE O FFICE OF THE P RESIDENT

COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

ENVIRONMENTAL QUALITY

The conference agreement provides $3,159,000 for the Council on Environmental Quality and Office of Environmental Quality as requested and as proposed by both the House and the Senate. The conference agreement also includes the following directions: Appalachian Surface Coal Mining Interagency Plan .—The conferees expect the Council on Environmental Quality to abide by the language in Senate Report 111–38 referencing the Administration’sInteragency Action Plan to ‘‘diversify and strengthen the Appalachian regional economy.’’ The conferees direct the Council, in coordination with the Appalachian Regional Commission, to providea detailed report no later than March 31, 2010, on how the Administration intends to achieve its goals.

C HEMICAL S AFETY AND H AZARD I NVESTIGATION B OARD

SALARIES AND EXPENSES

The conference agreement provides $11,147,000 for the Chemical Safety and Hazard Investigation Board instead of $10,547,000as proposed by the House and $11,195,000 as proposed by the Senate. The conference agreement includes language that: limits the Board to not more than three career SES positions; directs that EPA’s Inspector General serve as the Board’s Inspector General; and instructs the Board to utilize the personnel in EPA’s Office of Inspector General. The conferees have not included language to transfer funds from the Board’s account to the EPA OIG account, as proposed by the House. The Inspector General has confirmed that he has sufficient funds in fiscal year 2010 to perform thisfunction. The conference agreement also includes the following specific funding levels and directions: Methyl isocyanate report .—The conference agreement includes bill language that designates $600,000 for a National Academy of


Sciences report on the use and storage of methyl isocyanate and alternatives at the Bayer CropScience facility in Institute, WV.

O FFICE OF N AVAJO AND H OPI I NDIAN R ELOCATION

SALARIES AND EXPENSES

The conference agreement provides $8,000,000 for the Office ofNavajo and Hopi Indian Relocation, Salaries and Expenses as requested and proposed by both the House and the Senate.

I NSTITUTE OF A MERICAN I NDIAN AND A LASKA N ATIVE C ULTURE AND A RTS D EVELOPMENT

PAYMENT TO THE INSTITUTE

The conference agreement provides $8,300,000 for the Instituteof American Indian and Alaska Native Culture and Arts Development as requested and proposed by both the House and the Senate.

S MITHSONIAN I NSTITUTION

SALARIES AND EXPENSES

The conference agreement includes $636,161,000 for the Salaries and Expenses account of the Smithsonian Institution, instead of $634,161,000 as requested and as proposed by both the House and the Senate. The detailed allocation of funding by program area and activity is included in the table at the end of this section of the statement. The increase above the request is designated for the

museum-wide collections care initiative to assist the Institution in strengthening its efforts to preserve priceless historical collections. The conference agreement includes bill language proposed by the House concerning two-year funding availability. Language is also included in the bill as proposed by the Senate stipulating that fromwithin the funds provided, $250,000 will be used to carry out activities under the Civil Rights History Project Act of 2009.

The conferees note that some Smithsonian Institution collections, such as the priceless military uniform collection at the National Museum of American History, may be stored in unsatisfactory conditions. The conferees urge the Smithsonian to take the necessary steps to preserve these irreplaceable historical collectionsand ensure that preservation of its collections is made a high priority.

FACILITIES CAPITAL

The conference agreement includes $125,000,000 as requested and as proposed by the Senate instead of $140,000,000 as proposed by the House for the Facilities Capital account.

LEGACY FUND

(INCLUDING RESCISSION OF FUNDS)

The conference agreement includes a net increase of $234,000as proposed by the Senate for the Legacy Fund instead of no appropriation as proposed by the House. The conference agreement includes the Senate proposal to rescind $29,766,000 in prior year balVerDate Nov 24 2008 20:32 Oct 29, 2009 Jkt 052820 PO 00000 Frm 00144 Fmt 6601 Sfmt 6601 E:\HR\OC\HR316.XXX HR316smartinez on DSKD5P82C1PROD with REPORTS145

ances in this account and appropriate $30,000,000 for revitalization
of the Arts and Industries building on the National Mall, provided the funds are matched on a 1:1 basis with private contributions.The conference agreement does not include the House recommended administrative provision, which allowed the fiscal year2008 Legacy Fund appropriation to be transferred into the Facilities Capital account, to be used under the terms and conditions of

that account.

N ATIONAL G ALLERY OF A RT

SALARIES AND EXPENSES

The conference agreement provides $110,746,000 for the Salaries and Expenses account of the National Gallery of Art as proposed by both the House and the Senate. Bill language is included which allows up to $3,386,000 for the Special Exhibition Program,
as proposed by both the House and the Senate. The detailed allocation of funding by activity for this account is included in the table

at the end of this section of the statement.

REPAIR

, RESTORATION AND RENOVATION OF BUILDINGS

The conference agreement provides $56,259,000 for the Repair,
Restoration and Renovation account as proposed by the House instead of $54,499,000 as proposed by the Senate. Bill language is included which provides $40,000,000 for the repair of the East Building exterior marble facade, as proposed by the House. The conferees have provided this significant increase in light of the considerable public safety hazard posed by the deterioration of the fac

 ̧ ade. In addition, the agreement includes bill language as proposed by the Senate to allow for a single contract for the full scope of this project.

J OHN F. K ENNEDY C ENTER FOR THE P ERFORMING A RTS

OPERATIONS AND MAINTENANCE

The conference agreement provides $23,000,000 for the Operations and Maintenance account instead of $25,000,000 proposedby the House and $22,500,000 proposed by the Senate. Bill language has been included as proposed by the House directing $500,000 toward the Center’s efforts to assist arts organizations
nationwide with tools to manage the challenges posed by the economy. Such assistance should address issues including board governance, budgeting, marketing, and technology. The Kennedy Center is directed to submit a spending plan for these funds no later than 30 days after enactment of this Act.

CAPITAL REPAIR AND RESTORATION

The conference agreement provides $17,447,000 for the Capital
Repair and Restoration account as proposed by both the House and

the Senate.


W OODROW W ILSON I NTERNATIONAL C ENTER FOR S CHOLARS

SALARIES AND EXPENSES

The conference agreement provides $12,225,000 for the Woodrow Wilson International Center for Scholars as proposed by the House instead of $10,225,000 as proposed in the request and by the Senate. Within the overall increase, $650,000 is provided for theKissinger Institute on China and the United States, which was established by the Center last year, and other related Asia programs. While the conferees understand that the Institute was originally to be supported solely with private contributions, the downturn in the economy has slowed the response to the Center’s initial fundraisingefforts. This program support will allow the Institute to move forward with its first initiatives at a critical stage in its development.An additional amount of $600,000 is provided for necessary administrative costs that were not covered in the request. Language has been included in the bill, as proposed by the House, to make theCenter’s appropriation available for two years in order to accommodate any issues that may arise because of discrepancies between the obligation of grant monies and the fiscal year calendar.

N ATIONAL F OUNDATION ON THE A RTS AND H UMANITIES

N ATIONAL E NDOWMENT FOR THE A RTS

GRANTS AND ADMINISTRATION

The conference agreement provides $167,500,000 for the National Endowment for the Arts (NEA) instead of $170,000,000 asproposed by the House and $161,315,000 as requested and proposed by the Senate. The detailed allocation of funding by program

area for this account is included in the table at the end of the

statement.

The conferees commend the National Endowment for the Arts for promoting literacy and reading in the United States through the highly acclaimed Big Read program. The Big Read engages communities of all sizes and Americans of all ages by celebrating the literary works of American writers. Since 2005, the NEA has awarded grants—leveraged with millions of private sector dollars— in every State and virtually every Congressional district in the United States. The NEA study, Reading on the Rise , released last year, documents a definitive increase in the number of American adults who read with the biggest increase in young adults aged 18– 24. This new growth reverses two decades of downward trends cited in previous NEA reports. The conferees remain committed to the Big Read program and direct the NEA to report to the House and Senate Committees on Appropriations, no later than 60 days after enactment of this Act, with a detailed funding plan for the continuation of this popular and successful program. Bill Language. —The conference agreement includes three provisions in Title IV, General Provisions, which relate to the NEA. The first, Section 417, concurs with the administration’s request to reinstate four positions on the National Council on the Arts that were eliminated in 1996. This expansion will enable the National


Endowment to receive counsel and advice from a more diverse body that represents a broader array of arts disciplines and fields.Sections 438 and 439 include the full text of language regarding program priorities and grant guidelines, which in recent years has been incorporated by reference to sections 309 and 311 of P.L.108–447. These provisions are in addition to the instructions provided under the agency’s most recent authorization regarding the awarding of grants. The conferees have taken this step in light of

recent controversies in order to restate for the Endowment and the general public the guidelines within which the agency is expected to conduct its work and distribute taxpayer dollars in support of

the arts. Finally, the conferees note that section 402 of Title IV, GeneralProvisions, prohibits any agency, including the NEA, from any activity, publication or distribution of literature that ‘‘in any way (emphasis added) tends to promote public support or opposition toany legislative proposal on which Congressional action is not complete other than to communicate to Members of Congress. . . .’’ The conferees urge the NEA to take immediate steps to ensure that all employees are aware of these provisions when conducting any activities funded by this appropriation.

N ATIONAL E NDOWMENT FOR THE H UMANITIES

GRANTS AND ADMINISTRATION

The conference agreement provides $167,500,000 for the National Endowment for the Humanities (NEH) instead of$170,000,000 as proposed by the House and $161,315,000 as requested and proposed by the Senate. The conferees do not agree with the proposal to fund the National Capital Arts and Cultural Affairs grant program through the NEH. Instead, the confereesagree to continue administering the National Capital Arts and Cultural Affairs grant program through the Commission of Fine Arts as proposed by both the House and Senate. The detailed allocation of funding by program area for this account is included in the table

at the end of this section of the statement.

C OMMISSION OF F INE A RTS

SALARIES AND EXPENSES

The conference agreement provides $2,294,000 for the Commission of Fine Arts, as requested and proposed by both the House and

the Senate.

N ATIONAL C APITAL A RTS AND C ULTURAL A FFAIRS

The conference agreement provides $9,500,000 for the National Capital Arts and Cultural Affairs grant program as proposed bythe Senate instead of $10,000,000 as proposed by the House. Language is included in the bill in title IV, General Provisions, to adjust the authorized funding level for this program to $10,000,000 and increase the maximum allowable grant level to $650,000 perrecipient per year in agreement with the House proposal. The Senate bill did not contain this provision.


A DVISORY C OUNCIL ON H ISTORIC P RESERVATION

SALARIES AND EXPENSES

The conference agreement provides $5,908,000 for the Advisory Council on Historic Preservation as requested and as proposed by

both the House and the Senate.

N ATIONAL C APITAL P LANNING C OMMISSION

SALARIES AND EXPENSES

The conference agreement provides $8,507,000 for the National Capital Planning Commission, as requested and proposed by both

the House and the Senate.

U NITED S TATES H OLOCAUST M EMORIAL M USEUM

HOLOCAUST MEMORIAL MUSEUM

The conference agreement provides $49,122,000 for the UnitedStates Holocaust Memorial Museum as proposed by the Senate, instead of $48,551,000 as requested and as proposed by the House.The increase above the request is provided to sustain the additional security measures that were implemented by the Museum earlier this year immediately following the tragic shooting of an employee there. The conferees understand that further steps may be taken upon completion of a security review by the Department of Homeland Security based on the findings contained therein.

P RESIDIO T RUST

PRESIDIO TRUST FUND

The conference agreement provides $23,200,000 for the Presidio Trust Fund as proposed by the House, instead of $17,230,000 as proposed by the Senate.

D WIGHT D. E ISENHOWER M EMORIAL C OMMISSION

SALARIES AND EXPENSES

The conference agreement provides $3,000,000 for the Dwight D. Eisenhower Memorial Commission for salaries and expenses as proposed by the Senate, instead of $2,000,000 as proposed by the

House.

CAPITAL CONSTRUCTION

The conference agreement provides $16,000,000 for the Dwight D. Eisenhower Memorial Commission for capital construction as proposed by the Senate, instead of $10,000,000 as proposed by the

House.

TITLE IV—GENERAL PROVISIONS

(INCLUDING TRANSFERS OF FUNDS)

Sec. 401. Retains a provision included by both the House and the Senate on consulting services.


Sec. 402. Retains a provision included by both the House andthe Senate limiting certain activities related to support or opposition to legislative proposals.Sec. 403. Retains a provision included by the House which provides that appropriations in the bill are available only for the current fiscal year, unless otherwise stated. Sec. 404. Retains a provision included by both the House and the Senate prohibiting funds for certain personal services. Sec. 405. Retains a provision included by both the House and the Senate which limits overhead charges, deductions, reserves or

holdbacks for certain functions.Sec. 406. Retains a provision included by the Senate prohibiting the sale of giant sequoia trees. Sec. 407. Retains a provision included by the House limiting transfer of funds except as provided in this or other Acts.Sec. 408. Retains, with minor technical changes, a provision included by both the House and the Senate limiting funds for patents for mining or mill site claims. Sec. 409. Modifies a provision included by both the House and the Senate limiting payments for BIA and IHS contract support costs in past years to the funds available in law. Sec. 410. Retains a provision included by both the House and the Senate regarding Forest Service land management planning. Sec. 411. Retains a provision included by the House and theSenate limiting certain mineral, oil and gas leasing activities within the boundaries of certain National Monuments.Sec. 412. Retains, with minor technical changes, a provision included by both the House and the Senate concerning wildfire suppression assistance with foreign countries. Sec. 413. Retains a provision included by both the House and the Senate pertaining to the awarding of Federal contracts by the Secretaries of Agriculture and Interior in certain disadvantaged

communities.Sec. 414. Modifies a provision which restricts funding for acquisition of land from being used for declarations of taking or complaints in condemnation. Sec. 415. Retains a provision included by the Senate regarding the clean-up activities at the Treasure Island Naval Station—

Hunters Point Annex.Sec. 416. Retains, with minor technical changes, a provision included by both the House and the Senate continuing for one year certain authorities to renew grazing permits or leases administered by the Forest Service or Department of the Interior. Sec. 417. Retains a provision included by both the House and

the Senate that amends the authorization for the National Council

on the Arts. Sec. 418. Retains a provision included by the House thatamends the authorization for the National Capital Arts and Cultural Affairs program. Sec. 419. Retains a provision included by the Senate thatplaces a two-year prohibition on the ability of Alaska Native villages to assume the administration of health services contractsunder certain circumstances, and clarifying that the Eastern Aleutian Tribes, Inc., the Council of Athabascan Tribal Governments,


and the Native Village of Eyak be considered regional health entities for purposes of disbursement of funds. Sec. 420. Retains a provision included by the House extending the pilot program for the sale of forest botanical products by the Forest Service through fiscal year 2014. Sec. 421. Modifies a provision included by the Senate making

Alaska red cedar timber available to domestic mills. Sec. 422. Retains a provision included by both the House and the Senate extending the authority for the Colorado Cooperative Conservation Authority until 2013. Sec. 423. Retains a provision included by the House reverting the formula for geothermal receipts to the distribution used before

2005. Sec. 424. Retains a provision included by the Senate regarding greenhouse gas reporting requirements associated with livestockproduction. The House version contained minor technical differences. Sec. 425. Modifies a provision included by the Senate regarding greenhouse gas reporting requirements for animal waste. Sec. 426. Modifies a provision included by the House regarding reporting of climate change expenditures.Sec. 427. Retains a provision included by the Senate prohibiting the distribution of funds to ACORN or its subsidiaries.Sec. 428. Modifies a provision included by the House that prohibits detainees from Guantanamo Bay from being transferred orreleased into the United State or its territories except under certain circumstances.Sec. 429. Retains a provision included by the Senate authorizing an aquifer study of the Jungo disposal site in the Humboldt

National Forest.Sec. 430. Retains a provision included by the Senate encouraging the EPA Administrator to reassess the cost effectiveness of the buyout and relocation of residents in Treece, KS due to certain

environmental risks. Sec. 431. Modifies a provision included by the Senate changing the authority for Forest Service research on biobased products. Sec. 432. Retains a provision included by the Senate modifying the composition of the board of the National Forest Foundation. Sec. 433. Modifies a provision included by the Senate limiting the ability of the Secretary of Agriculture to increase recreational

residence user fees. Sec. 434. Modifies language included by the Senate prohibiting no-bid contracts and grants. Sec. 435. Modifies language included by the Senate requiring public disclosure of certain reports. Sec. 436. Retains language included by the Senate modifying the ‘‘Beaver Dam Wash National Conservation Area’’ map. Sec. 437. Retains language included by the Senate to expedite the cleanup of Federal and Indian land at the Tar Creek Superfund

site. Sec. 438. Restates the full text of bill language delineating the grant guidelines for the National Endowment for the Arts.


Sec. 439. Restates the full text of bill language delineating the priorities for the programs managed by the National Endowment

for the Arts. Sec. 440. Contains new language making a technical correctionto the Energy and Water Development and Related Agencies Appropriations Act, 2010.Sec. 441. Contains new language restricting awards to for-profit entities with funds from this Act. Sec. 442. Contains new language limiting the Environmental Protection Agency from implementing fuel standards for certain

vessels in the Great Lakes. Sec. 443. Contains new language concerning State revolving

loans made to the Hancock Water and Sewer District and the Hancock Utility Authority in Mississippi. Sec. 444. Modifies language included by both the House andthe Senate regarding the incorporation of Congressionally requested priorities.The conference agreement does not include a provision included by the Senate prohibiting the use of funds in this or any other Act for competitive sourcing studies and associated activities involving the Forest Service. The conference agreement does not retain language included by the Senate expressing the sense of the Senate that the National Vehicle Mercury Switch Recovery Program effectively addresses mercury pollution and should continue. Instead, the conferees have included language on this issue as part of the joint explanatorystatement for the Environmental Programs and Management account.The conference agreement does not include a provision included by the House that required bonus bids for lease sales of coal to be paid at the time of sale rather than over a five-year period.The conference agreement does not include a provision included by the House that prevented the Secretary of the Interiorfrom transferring funding to the Secretary of Energy for certain energy research purposes.The conference agreement does not include a provision included by the House that allowed funding under the Secure Rural Schools Act to be used for certain purposes. The conferees have not agreed to statutory language proposed by the Senate in its section 424 regarding limitations on the use of certain funds made available through the American Recovery
and Reinvestment Act (P.L. 111–5) to the Forest Service. The conferees note that the Service was given legal authority under the Recovery Act to fund $250,000,000 of hazardous fuels reduction, forest health and ecosystem restoration projects, including urban forestry projects, using all authorities available to the Service through the State and Private Forestry appropriation. However, the conferees believe that greater priority should have been given to projects that both create jobs and reduce fire risk. The conferees note that there appears to be an inadequate relationship between the geographical allocation of project funding by the Forest Serviceand the need for jobs to reduce unemployment. Further, the conferees remain troubled by the lack of transparency and the lack of communication from the Service and the Department of Agriculture


related to the project selection process. The Service is directed toprovide to the House and Senate Appropriations Committees, within 30 days of enactment of this Act, a comprehensive list of all projects selected for Recovery Act funding; a detailed description,including proposed accomplishments, for each project; and a detailed description of criteria used to select each project. Finally, the conferees direct that no additional funds from the Recovery Act beexpended on urban and community forestry projects unless previously announced by the Secretary, and that in the future, any additional projects will be devoted to activities that directly reduce fire hazards on public and private lands.

TITLE V—FEDERAL LAND ASSISTANCE, MANAGEMENT AND ENHANCEMENT ACT OF 2009 (FLAME ACT OF 2009)

Title V of the conference agreement includes the FLAME Actof 2009. This Act is very similar to the FLAME Act included in sections 431 and 432 in the Senate recommended bill and H.R. 1404, which passed the House of Representatives on March 26, 2009. Theconference agreement has strengthened the workability and usefulness of the previous FLAME Acts while retaining most major provisions. The main change is the creation of FLAME Wildfire Suppression Reserve Funds in both the Forest Service and the Department of the Interior, and the appropriation of funds for these funds under normal appropriation accounts within title I and title III. These changes also make the FLAME Act consistent with other wildfire suppression reforms recommended in the Administrationbudget request. This includes risk-informed wildfire suppression reforms discussed in the budget request, and expanded use of the Wildland Fire Decision Support System, which will result in strengthened oversight and accountability of suppression spending. The conferees expect the budget reforms provided through thistitle, together with changes to the agencies’ appropriations accounts in titles I and III, will lead to improved transparency regarding the true costs of fire preparedness and suppression activities. The conferees expect these budget reforms to be accompanied by a commitment from the Administration that fire readiness and suppression activities will not be funded at the expense of otherprograms, and that any non-fire program transfers will be accounted for and reported to the appropriate Congressional committees in a transparent manner and will be promptly repaid.

Section 501. Short Title. —Section 501 consists of the short titleof the Act, the Federal Land Assistance, Management and Enhancement Act of 2009 or, for short, the FLAME Act of 2009. Section 502. FLAME Wildfire Suppression Reserve Funds

.— Section 502 includes the major portions of the FLAME Act of 2009. The FLAME Act of 2009 includes a clear purpose statement: 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
(section 502(c)). The Department of the Interior and the Forest Service each are authorized to have their own account, but there are the samerequirements for the two accounts (section 502(b)). The FLAME reVerDate Nov 24 2008 20:32 Oct 29, 2009 Jkt 052820 PO 00000 Frm 00152 Fmt 6601 Sfmt 6601 E:\HR\OC\HR316.XXX HR316smartinez on DSKD5P82C1PROD with REPORTS153

serve accounts are transfer accounts, from which each Secretarymay transfer funds into their respective Wildland Fire Management account for wildfire suppression activities, if certain conditions are met. These conditions require a Secretarial declaration and are nearly the same as required in the previous Senate and House FLAME acts: either the wildfire event is large or complex,or the respective wildland fire suppression account will be exhausted within 30 days (section 502(e)). The conferees intend that amounts provided through the FLAME Fund, together with amounts provided through the Wildland Fire Management appropriations account, should fully fund anticipated wildland fire suppression requirements in advanceof fire season and prevent future borrowing from non-fire programs. To satisfy this requirement, the conferees direct the Secretaries to develop new methods for formulating fire suppression funding estimates for the Wildland Fire Management and FLAME Fund appropriations accounts as part of their fiscal year 2011budget request. In formulating these estimates, the conferees expect the Secretaries to consider data regarding actual prior-year fire suppression expenditures, predictive modeling, and any other criteria that they deem appropriate, consistent with the direction provided in this title. Further, as noted previously, the conferees expect the Service to analyze current readiness requirements and to submit a realigned preparedness budget in fiscal year 2011 that accurately reflects anticipated readiness costs instead of relying on large-scale shifts to the suppression appropriation. In addition, each Secretary is given authority to transfer up to $100,000,000 per fiscal year to the other department’s FLAME Wildfire Suppression Reserve Fund if one department has muchgreater expenses than the other (section 502(d)(5)). A Congressional intent statement indicates that the President should request funding for the FLAME funds so that large or complex wildfire event activities are funded adequately. The Act includes Sense ofCongress statements that: (1) future FLAME appropriations in excess of funds needed for large or complex fires should be designated as amounts necessary to meet emergency needs (section 502(d)(2)(C)(i)); and (2) each Secretary should make a supplemental budget request for wildfire suppression if their FLAME fund will be exhausted in 30 days (section 502(d)(2)(C)(ii)). The FLAME Act of 2009 retains many provisions of the Senate
recommendation and H.R. 1404. This includes the definitions (section 502(a)) and the authorization of such amounts as are necessary to carry out the section (section 502(d)(2)(A)). The Act retains the provision that funds are available until expended (section502(d)(3)) and the requirement that the Secretary notify the Congressional Committees if the Secretary estimates that only 60 days of funds remain in the respective FLAME fund (section 502(d)(4)). As in the previous versions of the FLAME Act, the FLAME funds cannot be used until the Secretary makes a declaration that the wildfire event is large or complex, or that the cumulative costs of suppression and Federal emergency activities will exceed within 30 days all available funds (section 502(e)). The conferees expect the Agencies to develop a streamlined declaration process that


minimizes the administrative burden and ensures that funding is made available for eligible wildfire events in an expedited manner. As in previous versions of the FLAME Act, the FLAME funds may be used for State, private and Tribal land wildfire suppression activities consistent with any existing agreements (section 502(e)(3)). The Act retains the prohibition on transfers of non-fire funds for wildland fire suppression unless amounts in the FLAMEfunds and all other funds previously provided for wildland fire suppression will be exhausted within 30 days (section 502(g)). The Act retains accounting and reporting requirements (section 502(h)) and retains the requirement that estimates of wildfire suppression costs be provided to the Congress in an orderly fashion (section
502(h)(3)). As in the Senate recommended version, the FLAME Act of2009 includes a termination clause if no appropriations to, or withdrawals from, each FLAME fund have been made for three consecutive fiscal years (section 502(i)). The conference agreement includes an additional provision that if such termination occurs, remaining funds in each FLAME fund shall be transferred to andmade a part of the Wildland Fire Management appropriation account of that Secretary (section 502(i)). Section 503. Cohesive Wildfire Management Strategy. —Section 503 consists of the requirement for the Secretaries of Agriculture and the Interior to submit a joint report to Congress within oneyear that contains a cohesive wildfire management strategy consistent with recommendations described in recent reports of the Government Accountability Office. Nearly identical language was in the Senate recommended section 432 and similar language was

in section 3 of H.R. 1404.













DISCLOSURE OF EARMARKS AND CONGRESSIONALLY

DIRECTED SPENDING ITEMS

Following is a list of Congressional earmarks and Congressionally directed spending items (as defined in clause 9 of rule XXI of the Rules of the House of Representatives and rule XLIV of theStanding Rules of the Senate, respectively) included in the conference report or the accompanying joint statement of managers, along with the name of each Senator, House Member, Delegate, or Resident Commissioner who submitted a request to the Committeeof jurisdiction for each item so identified. Neither the conference report nor the joint statement of managers contains any limited tax benefits or limited tariff benefits as defined in the applicable House
or Senate rules. Pursuant to clause 9(b) of rule XXI of the Rules of the House of Representatives, neither the conference report northe joint statement of managers contains any Congressional earmarks, limited tax benefits, or limited tariff benefits that were not (1) committed to the conference committee by either House or (2)in a report of a committee of either House on this bill or on a companion measure.






















































































C ONFERENCE T OTAL —W ITH C OMPARISONS

The total new budget (obligational) authority for the fiscal year2010 recommended by the Committee of Conference, with comparisons to the fiscal year 2009 amount, the 2010 budget estimates,

and the House and Senate bills for 2010 follow:

[In thousands of dollars] New budget (obligational) authority, fiscal year 2009 ........................ $38,790,958 Budget estimates of new (obligational) authority, fiscal year 2010 32,382,043 House bill, fiscal year 2010 ................................................................... 32,354,850 Senate bill, fiscal year 2010 .................................................................. 32,153,734 Conference agreement, fiscal year 2010 .............................................. 32,294,848 Conference agreement compared with: New budget (obligational) authority, fiscal year 2009 ................

¥ 6,496,110 Budget estimates of new (obligational) authority, fiscal year

2010 ..............................................................................................

¥ 87,195 House bill, fiscal year 2010 ............................................................

¥ 60,002 Senate bill, fiscal year 2010 ........................................................... +141,114


DIVISION B—FURTHER CONTINUING APPROPRIATIONS,

2010

Division B provides further continuing appropriations for agencies and activities that would be covered by the regular fiscal year2010 appropriations bills not yet enacted into law. Specifically, language is included amending the first fiscal year 2010 continuing resolution (division B of Public Law 111–68) to extend its generalexpiration date to December 18 2009, to add certain additional necessary extensions, and to make technical corrections.

D AVID R. O BEY

, N ORMAN D. D ICKS

, J AMES P. M ORAN

, A LAN B. M OLLOHAN

, B EN C HANDLER

, M AURICE D. H INCHEY

, J OHN W. O LVER

, E D P ASTOR

, D AVID E. P RICE

, Managers on the Part of the House.

D IANNE F EINSTEIN

, R OBERT C. B YRD

, P ATRICK J. L EAHY

, B YRON L. D ORGAN

, B ARBARA A. M IKULSKI

, H ERB K OHL

, T IM J OHNSON

, J ACK R EED

, B EN N ELSON

, J ON T ESTER

, D ANIEL K. I NOUYE

, L AMAR A LEXANDER

, T HAD C OCHRAN

, R OBERT F. B ENNETT

, J UDD G REGG

, L ISA M URKOWSKI

, S USAN M. C OLLINS

, Managers on the Part of the Senate.



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