II 

Calendar No. 221 

110TH CONGRESS 

1ST SESSION S. 1696 

[Report No. 110–91] 

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

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

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 26, 2007 

Mrs. FEINSTEIN, from the Committee on Appropriations, reported the 

following original bill; which was read twice and placed on the calendar 

A BILL 

Making appropriations for the Department of the Interior, 

environment, and related agencies for the fiscal year 

ending September 30, 2008, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Department of the Interior, environment, and related 

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

7 and for other purposes, namely: 
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1 TITLE I 

2 DEPARTMENT OF THE INTERIOR 

3 BUREAU OF LAND MANAGEMENT

4 MANAGEMENT OF LANDS AND RESOURCES

5 For necessary expenses for protection, use, improve6 ment, development, disposal, cadastral surveying, classi7 fication, acquisition of easements and other interests in 

8 lands, and performance of other functions, including main9 tenance of facilities, as authorized by law, in the manage10 ment of lands and their resources under the jurisdiction 

11 of the Bureau of Land Management, including the general 

12 administration of the Bureau, and assessment of mineral 

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

14 (16 U.S.C. 3150(a)), $902,883,000, to remain available 

15 until expended, of which $1,250,000 is for high priority 

16 projects, to be carried out by the Youth Conservation 

17 Corps; and of which $3,000,000 shall be available in fiscal 

18 year 2007 subject to a match by at least an equal amount 

19 by the National Fish and Wildlife Foundation for cost20 shared projects supporting conservation of Bureau lands; 

21 and such funds shall be advanced to the Foundation as 

22 a lump sum grant without regard to when expenses are 

23 incurred. 

24 In addition, $34,696,000 is for Mining Law Adminis25 tration program operations, including the cost of admin-
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1 istering the mining claim fee program; to remain available 

2 until expended, to be reduced by amounts collected by the 

3 Bureau and credited to this appropriation from annual 

4 mining claim fees so as to result in a final appropriation 

5 estimated at not more than $902,883,000, and 

6 $2,000,000, to remain available until expended, from com7 munication site rental fees established by the Bureau for 

8 the cost of administering communication site activities. 

9 WILDLAND FIRE MANAGEMENT

10 (INCLUDING TRANSFER OF FUNDS)

11 For necessary expenses for fire preparedness, sup12 pression operations, fire science and research, emergency 

13 rehabilitation, hazardous fuels reduction, and rural fire as14 sistance by the Department of the Interior, $829,524,000, 

15 to remain available until expended, of which not to exceed 

16 $7,734,000 shall be for the renovation or construction of 

17 fire facilities: Provided, That such funds are also available 

18 for repayment of advances to other appropriation accounts 

19 from which funds were previously transferred for such 

20 purposes: Provided further, That persons hired pursuant 

21 to 43 U.S.C. 1469 may be furnished subsistence and lodg22 ing without cost from funds available from this appropria23 tion: Provided further, That notwithstanding 42 U.S.C. 

24 1856d, sums received by a bureau or office of the Depart25 ment of the Interior for fire protection rendered pursuant 

26 to 42 U.S.C. 1856 et seq., protection of United States 
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1 property, may be credited to the appropriation from which 

2 funds were expended to provide that protection, and are 

3 available without fiscal year limitation: Provided further, 

4 That using the amounts designated under this title of this 

5 Act, the Secretary of the Interior may enter into procure6 ment contracts, grants, or cooperative agreements, for 

7 hazardous fuels reduction activities, and for training and 

8 monitoring associated with such hazardous fuels reduction 

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

10 land for activities that benefit resources on Federal land: 

11 Provided further, That the costs of implementing any co12 operative agreement between the Federal Government and 

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

14 on by the affected parties: Provided further, That notwith15 standing requirements of the Competition in Contracting 

16 Act, the Secretary, for purposes of hazardous fuels reduc17 tion activities, may obtain maximum practicable competi18 tion among: (1) local private, nonprofit, or cooperative en19 tities; (2) Youth Conservation Corps crews or related part20 nerships with State, local, or non-profit youth groups; (3) 

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

22 hire or train locally a significant percentage, defined as 

23 50 percent or more, of the project workforce to complete 

24 such contracts: Provided further, That in implementing 

25 this section, the Secretary shall develop written guidance 
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1 to field units to ensure accountability and consistent appli2 cation of the authorities provided herein: Provided further, 

3 That funds appropriated under this head may be used to 

4 reimburse the United States Fish and Wildlife Service and 

5 the National Marine Fisheries Service for the costs of car6 rying out their responsibilities under the Endangered Spe7 cies Act of 1973 (16 U.S.C. 1531 et seq.) to consult and 

8 conference, as required by section 7 of such Act, in con9 nection with wildland fire management activities: Provided 

10 further, That the Secretary of the Interior may use 

11 wildland fire appropriations to enter into non-competitive 

12 sole source leases of real property with local governments, 

13 at or below fair market value, to construct capitalized im14 provements for fire facilities on such leased properties, in15 cluding but not limited to fire guard stations, retardant 

16 stations, and other initial attack and fire support facilities, 

17 and to make advance payments for any such lease or for 

18 construction activity associated with the lease: Provided 

19 further, That the Secretary of the Interior and the Sec20 retary of Agriculture may authorize the transfer of funds 

21 appropriated for wildland fire management, in an aggre22 gate amount not to exceed $10,000,000, between the De23 partments when such transfers would facilitate and expe24 dite jointly funded wildland fire management programs 

25 and projects: Provided further, That funds provided for 
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1 wildfire suppression shall be available for support of Fed2 eral emergency response actions. 

3 CONSTRUCTION

4 For construction of buildings, recreation facilities, 

5 roads, trails, and appurtenant facilities, $11,476,000, to 

6 remain available until expended. 

7 LAND ACQUISITION

8 For expenses necessary to carry out sections 205, 

9 206, and 318(d) of Public Law 94–579, including admin10 istrative expenses and acquisition of lands or waters, or 

11 interests therein, $12,206,000, to be derived from the 

12 Land and Water Conservation Fund and to remain avail13 able until expended. 

14 OREGON AND CALIFORNIA GRANT LANDS

15 For expenses necessary for management, protection, 

16 and development of resources and for construction, oper17 ation, and maintenance of access roads, reforestation, and 

18 other improvements on the revested Oregon and California 

19 Railroad grant lands, on other Federal lands in the Or20 egon and California land-grant counties of Oregon, and 

21 on adjacent rights-of-way; and acquisition of lands or in22 terests therein, including existing connecting roads on or 

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

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

25 aggregate of all receipts during the current fiscal year 

26 from the revested Oregon and California Railroad grant 
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1 lands is hereby made a charge against the Oregon and 

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

3 General Fund in the Treasury in accordance with the sec4 ond paragraph of subsection (b) of title II of the Act of 

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

6 FOREST ECOSYSTEM HEALTH AND RECOVERY FUND

7 (REVOLVING FUND, SPECIAL ACCOUNT)

8 In addition to the purposes authorized in Public Law 

9 102–381, funds made available in the Forest Ecosystem 

10 Health and Recovery Fund can be used for the purpose 

11 of planning, preparing, implementing and monitoring sal12 vage timber sales and forest ecosystem health and recovery 

13 activities, such as release from competing vegetation and 

14 density control treatments. The Federal share of receipts 

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

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

17 1181f–1 et seq., and Public Law 106–393) derived from 

18 treatments funded by this account shall be deposited into 

19 the Forest Ecosystem Health and Recovery Fund. 

20 RANGE IMPROVEMENTS

21 For rehabilitation, protection, and acquisition of 

22 lands and interests therein, and improvement of Federal 

23 rangelands pursuant to section 401 of the Federal Land 

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

25 notwithstanding any other Act, sums equal to 50 percent 

26 of all moneys received during the prior fiscal year under 
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1 sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 

2 315 et seq.) and the amount designated for range improve3 ments from grazing fees and mineral leasing receipts from 

4 Bankhead-Jones lands transferred to the Department of 

5 the Interior pursuant to law, but not less than 

6 $10,000,000, to remain available until expended: Pro7 vided, That not to exceed $600,000 shall be available for 

8 administrative expenses. 

9 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

10 For administrative expenses and other costs related 

11 to processing application documents and other authoriza12 tions for use and disposal of public lands and resources, 

13 for costs of providing copies of official public land docu14 ments, for monitoring construction, operation, and termi15 nation of facilities in conjunction with use authorizations, 

16 and for rehabilitation of damaged property, such amounts 

17 as may be collected under Public Law 94–579, as amend18 ed, and Public Law 93–153, to remain available until ex19 pended: Provided, That, notwithstanding any provision to 

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

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

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

23 forfeiture, compromise, or settlement, if not appropriate 

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

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

26 under the authority of this Act by the Secretary to im-
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1 prove, protect, or rehabilitate any public lands adminis2 tered through the Bureau of Land Management which 

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

4 purchaser, permittee, or any unauthorized person, without 

5 regard to whether all moneys collected from each such ac6 tion are used on the exact lands damaged which led to 

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

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

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

10 repair other damaged public lands. 

11 MISCELLANEOUS TRUST FUNDS

12 In addition to amounts authorized to be expended 

13 under existing laws, there is hereby appropriated such 

14 amounts as may be contributed under section 307 of the 

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

16 amounts as may be advanced for administrative costs, sur17 veys, appraisals, and costs of making conveyances of omit18 ted lands under section 211(b) of that Act, to remain 

19 available until expended. 

20 ADMINISTRATIVE PROVISIONS

21 Appropriations for the Bureau of Land Management 

22 shall be available for purchase, erection, and dismantle23 ment of temporary structures, and alteration and mainte24 nance of necessary buildings and appurtenant facilities to 

25 which the United States has title; up to $100,000 for pay26 ments, at the discretion of the Secretary, for information 
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1 or evidence concerning violations of laws administered by 

2 the Bureau; miscellaneous and emergency expenses of en3 forcement activities authorized or approved by the Sec4 retary and to be accounted for solely on his certificate, 

5 not to exceed $10,000: Provided, That notwithstanding 44 

6 U.S.C. 501, the Bureau may, under cooperative cost-shar7 ing and partnership arrangements authorized by law, pro8 cure printing services from cooperators in connection with 

9 jointly produced publications for which the cooperators 

10 share the cost of printing either in cash or in services, 

11 and the Bureau determines the cooperator is capable of 

12 meeting accepted quality standards. 

13 Section 28 of title 30, United States Code, is amend14 ed: 

15 (1) in section 28 by striking the phrase ‘‘shall 

16 commence at 12 o’clock meridian on the first day of 

17 September’’ and inserting ‘‘shall commence at 12:01 

18 ante meridian on the first day of September’’; 

19 (2) in section 28f(a), by striking the phrase 

20 ‘‘for years 2004 through 2008’’; and 

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

22 before September 30, 2008,’’. 
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1 UNITED STATES FISH AND WILDLIFE SERVICE

2 RESOURCE MANAGEMENT

3 For necessary expenses of the United States Fish and 

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

5 and economic studies, maintenance of the herd of long6 horned cattle on the Wichita Mountains Wildlife Refuge, 

7 general administration, and for the performance of other 

8 authorized functions related to such resources by direct 

9 expenditure, contracts, grants, cooperative agreements 

10 and reimbursable agreements with public and private enti11 ties, $1,079,772,000, to remain available until September 

12 30, 2008, except as otherwise provided herein: Provided, 

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

14 be carried out by the Youth Conservation Corps: Provided 

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

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

17 4 of the Endangered Species Act, as amended, for species 

18 that are indigenous to the United States (except for proc19 essing petitions, developing and issuing proposed and final 

20 regulations, and taking any other steps to implement ac21 tions described in subsection (c)(2)(A), (c)(2)(B)(i), or 

22 (c)(2)(B)(ii)), of which not to exceed $13,026,000 shall 

23 be used for any activity regarding the designation of crit24 ical habitat, pursuant to subsection (a)(3), excluding liti25 gation support, for species listed pursuant to subsection 
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1 (a)(1) prior to October 1, 2006: Provided further, That 

2 of the amount available for law enforcement, up to 

3 $400,000, to remain available until expended, may at the 

4 discretion of the Secretary be used for payment for infor5 mation, rewards, or evidence concerning violations of laws 

6 administered by the Service, and miscellaneous and emer7 gency expenses of enforcement activity, authorized or ap8 proved by the Secretary and to be accounted for solely on 

9 his certificate: Provided further, That of the amount pro10 vided for environmental contaminants, up to $1,000,000 

11 may remain available until expended for contaminant sam12 ple analyses. 

13 CONSTRUCTION

14 For construction, improvement, acquisition, or re15 moval of buildings and other facilities required in the con16 servation, management, investigation, protection, and uti17 lization of fishery and wildlife resources, and the acquisi18 tion of lands and interests therein; $36,700,000, to remain 

19 available until expended. 

20 LAND ACQUISITION

21 For expenses necessary to carry out the Land and 

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

23 U.S.C. 460l–4 through 11), including administrative ex24 penses, and for acquisition of land or waters, or interest 

25 therein, in accordance with statutory authority applicable 

26 to the United States Fish and Wildlife Service, 
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1 $43,044,000, to be derived from the Land and Water Con2 servation Fund and to remain available until expended, 

3 of which, notwithstanding 16 U.S.C. 460l–9, not more 

4 than $2,000,000 shall be for land conservation partner5 ships authorized by the Highlands Conservation Act of 

6 2004: Provided, That none of the funds appropriated for 

7 specific land acquisition projects can be used to pay for 

8 any administrative overhead, planning or other manage9 ment costs. 

10 COOPERATIVE ENDANGERED SPECIES CONSERVATION

11 FUND

12 For expenses necessary to carry out section 6 of the 

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

14 as amended, $80,001,000, to remain available until ex15 pended, of which $25,228,000 is to be derived from the 

16 Cooperative Endangered Species Conservation Fund and 

17 $54,773,000 is to be derived from the Land and Water 

18 Conservation Fund, to remain available until expended, of 

19 which $5,066,666 shall be for the Idaho Salmon and 

20 Clearwater River Basins Habitat Account pursuant to the 

21 Snake River Water Rights Act of 2004. 

22 NATIONAL WILDLIFE REFUGE FUND

23 For expenses necessary to implement the Act of Octo24 ber 17, 1978 (16 U.S.C. 715s), $14,202,000. 
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1 NORTH AMERICAN WETLANDS CONSERVATION FUND

2 For expenses necessary to carry out the provisions 

3 of the North American Wetlands Conservation Act, Public 

4 Law 101–233, as amended, $42,646,000, to remain avail5 able until expended. 

6 NEOTROPICAL MIGRATORY BIRD CONSERVATION

7 For expenses necessary to carry out the Neotropical 

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

9 6101 et seq.), $4,000,000, to remain available until ex10 pended. 

11 MULTINATIONAL SPECIES CONSERVATION FUND

12 For expenses necessary to carry out the African Ele13 phant Conservation Act (16 U.S.C. 4201–4203, 4211– 

14 4213, 4221–4225, 4241–4245, and 1538), the Asian Ele15 phant Conservation Act of 1997 (16 U.S.C. 4261–4266), 

16 the Rhinoceros and Tiger Conservation Act of 1994 (16 

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

18 2000 (16 U.S.C. 6301), and the Marine Turtle Conserva19 tion Act of 2004 (16 U.S.C. 6601), $8,000,000, to remain 

20 available until expended. 

21 STATE AND TRIBAL WILDLIFE GRANTS

22 For wildlife conservation grants to States and to the 

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

24 States Virgin Islands, the Northern Mariana Islands, 

25 American Samoa, and federally recognized Indian tribes 

26 under the provisions of the Fish and Wildlife Act of 1956 
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1 and the Fish and Wildlife Coordination Act, for the devel2 opment and implementation of programs for the benefit 

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

4 hunted or fished, $72,492,000, to remain available until 

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

6 $5,912,000 is for a competitive grant program for Indian 

7 tribes, not subject to the remaining provisions of this ap8 propriation: Provided further, That $5,000,000 is for a 

9 competitive grant program for States, territories, and 

10 other jurisdictions with approved plans, not subject to the 

11 remaining provisions of this appropriation: Provided fur12 ther, That the Secretary shall, after deducting said 

13 $10,912,000 and administrative expenses, apportion the 

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

15 the District of Columbia and to the Commonwealth of 

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

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

18 the United States Virgin Islands, and the Commonwealth 

19 of the Northern Mariana Islands, each a sum equal to not 

20 more than one-fourth of 1 percent thereof: Provided fur21 ther, That the Secretary shall apportion the remaining 

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

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

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

25 two-thirds of which is based on the ratio to which the pop-
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1 ulation of such State bears to the total population of all 

2 such States: Provided further, That the amounts appor3 tioned under this paragraph shall be adjusted equitably 

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

5 than 1 percent of the amount available for apportionment 

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

7 percent of such amount: Provided further, That the Fed8 eral share of planning grants shall not exceed 75 percent 

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

10 of implementation grants shall not exceed 50 percent of 

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

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

13 from Federal grant programs: Provided further, That no 

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

15 if its comprehensive wildlife conservation plan is dis16 approved and such funds that would have been distributed 

17 to such State, territory, or other jurisdiction shall be dis18 tributed equitably to States, territories, and other jurisdic19 tions with approved plans: Provided further, That any 

20 amount apportioned in 2008 to any State, territory, or 

21 other jurisdiction that remains unobligated as of Sep22 tember 30, 2009, shall be reapportioned, together with 

23 funds appropriated in 2010, in the manner provided here24 in. 
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1 ADMINISTRATIVE PROVISIONS

2 Appropriations and funds available to the United 

3 States Fish and Wildlife Service shall be available for pur4 chase of passenger motor vehicles; repair of damage to 

5 public roads within and adjacent to reservation areas 

6 caused by operations of the Service; options for the pur7 chase of land at not to exceed $1 for each option; facilities 

8 incident to such public recreational uses on conservation 

9 areas as are consistent with their primary purpose; and 

10 the maintenance and improvement of aquaria, buildings, 

11 and other facilities under the jurisdiction of the Service 

12 and to which the United States has title, and which are 

13 used pursuant to law in connection with management, and 

14 investigation of fish and wildlife resources: Provided, That 

15 notwithstanding 44 U.S.C. 501, the Service may, under 

16 cooperative cost sharing and partnership arrangements 

17 authorized by law, procure printing services from coopera18 tors in connection with jointly produced publications for 

19 which the cooperators share at least one-half the cost of 

20 printing either in cash or services and the Service deter21 mines the cooperator is capable of meeting accepted qual22 ity standards: Provided further, That, notwithstanding any 

23 other provision of law, the Service may use up to 

24 $2,000,000 from funds provided for contracts for employ25 ment-related legal services: Provided further, That the 
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1 Service may accept donated aircraft as replacements for 

2 existing aircraft: Provided further, That, notwithstanding 

3 any other provision of law, the Secretary of the Interior 

4 may not spend any of the funds appropriated in this Act 

5 for the purchase of lands or interests in lands to be used 

6 in the establishment of any new unit of the National Wild7 life Refuge System unless the purchase is approved in ad8 vance by the House and Senate Committees on Appropria9 tions in compliance with the reprogramming procedures 

10 contained in the statement of the managers accompanying 

11 this Act. 

12 NATIONAL PARK SERVICE

13 OPERATION OF THE NATIONAL PARK SYSTEM

14 For expenses necessary for the management, oper15 ation, and maintenance of areas and facilities adminis16 tered by the National Park Service (including special road 

17 maintenance service to trucking permittees on a reimburs18 able basis), and for the general administration of the Na19 tional Park Service, $1,958,687,000, of which $9,965,000 

20 is for planning and interagency coordination in support 

21 of Everglades restoration and shall remain available until 

22 expended; of which $100,164,000, to remain available 

23 until September 30, 2009, is for maintenance, repair or 

24 rehabilitation projects for constructed assets, operation of 

25 the National Park Service automated facility management 
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1 software system, and comprehensive facility condition as2 sessments; and of which $3,000,000 is for the Youth Con3 servation Corps for high priority projects: Provided, That 

4 the only funds in this account which may be made avail5 able to support United States Park Police are those funds 

6 approved for emergency law and order incidents pursuant 

7 to established National Park Service procedures, those 

8 funds needed to maintain and repair United States Park 

9 Police administrative facilities, and those funds necessary 

10 to reimburse the United States Park Police account for 

11 the unbudgeted overtime and travel costs associated with 

12 special events for an amount not to exceed $10,000 per 

13 event subject to the review and concurrence of the Wash14 ington headquarters office. 

15 UNITED STATES PARK POLICE

16 For expenses necessary to carry out the programs of 

17 the United States Park Police, $88,122,000. 

18 NATIONAL RECREATION AND PRESERVATION

19 For expenses necessary to carry out recreation pro20 grams, natural programs, cultural programs, heritage 

21 partnership programs, environmental compliance and re22 view, international park affairs, statutory or contractual 

23 aid for other activities, and grant administration, not oth24 erwise provided for, $63,756,000, of which not to exceed 

25 $5,000,000 may be for Preserve America grants to States, 

26 Tribes, and local communities for projects that preserve 
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1 important historic resources through the promotion of her2 itage tourism: Provided, That any individual Preserve 

3 America grant shall be matched by non-Federal funds: 

4 Provided further, That individual projects shall only be eli5 gible for one grant: Provided further, That grants shall 

6 be approved by the Secretary of the Interior in consulta7 tion with the House and Senate Committees on Appropria8 tions, and in consultation with the Advisory Council on 

9 Historic Preservation prior to the commitment of grant 

10 funds: Provided further, That none of the funds in this 

11 Act for the Rivers, Trails and Conservation Assistance 

12 program may be used for cash agreements, or for coopera13 tive agreements that are inconsistent with the program’s 

14 final strategic plan. 

15 HISTORIC PRESERVATION FUND

16 For expenses necessary in carrying out the Historic 

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

18 and the Omnibus Parks and Public Lands Management 

19 Act of 1996 (Public Law 104–333), $75,000,000, to be 

20 derived from the Historic Preservation Fund and to re21 main available until September 30, 2009, of which 

22 $30,000,000 shall be for Save America’s Treasures for 

23 preservation of nationally significant sites, structures, and 

24 artifacts: Provided, That any individual Save America’s 

25 Treasures grant shall be matched by non-Federal funds: 

26 Provided further, That individual projects shall only be eli-
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1 gible for one grant: Provided further, That competitive 

2 projects to be funded shall be approved by the Secretary 

3 of the Interior in consultation with the House and Senate 

4 Committees on Appropriations, and in consultation with 

5 the President’s Committee on the Arts and Humanities 

6 prior to the commitment of grant funds: Provided further, 

7 That Save America’s Treasures funds allocated for Fed8 eral projects, following approval, shall be available by 

9 transfer to appropriate accounts of individual agencies. 

10 CONSTRUCTION

11 For construction, improvements, repair or replace12 ment of physical facilities, including the modifications au13 thorized by section 104 of the Everglades National Park 

14 Protection and Expansion Act of 1989, $227,154,000, to 

15 remain available until expended: Provided, That none of 

16 the funds available to the National Park Service may be 

17 used to plan, design, or construct any partnership project 

18 with a total value in excess of $5,000,000, without ad19 vance approval of the House and Senate Committees on 

20 Appropriations: Provided further, That notwithstanding 

21 any other provision of law, the National Park Service may 

22 not accept donations or services associated with the plan23 ning, design, or construction of such new facilities without 

24 advance approval of the House and Senate Committees on 

25 Appropriations: Provided further, That funds provided 

26 under this heading for implementation of modified water 
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1 deliveries to Everglades National Park shall be expended 

2 consistent with the requirements of the fifth proviso under 

3 this heading in Public Law 108–108: Provided further, 

4 That funds provided under this heading for implementa5 tion of modified water deliveries to Everglades National 

6 Park shall be available for obligation only if matching 

7 funds are appropriated to the Army Corps of Engineers 

8 for the same purpose: Provided further, That none of the 

9 funds provided under this heading for implementation of 

10 modified water deliveries to Everglades National Park 

11 shall be available for obligation if any of the funds appro12 priated to the Army Corps of Engineers for the purpose 

13 of implementing modified water deliveries, including final14 izing detailed engineering and design documents for a 

15 bridge or series of bridges for the Tamiami Trail compo16 nent of the project, becomes unavailable for obligation: 

17 Provided further, That of the funds made available under 

18 this heading, not to exceed $3,800,000 is authorized to 

19 be used for the National Park Service’s proportionate cost 

20 of upgrading the West Yellowstone/Hebgen Basin (Gal21 latin County, Montana) municipal solid waste disposal sys22 tem for the processing and disposal of municipal solid 

23 waste generated within Yellowstone National Park: Pro24 vided further, That future fees paid by the National Park 

25 Service to the West Yellowstone/Hebgen Basin Solid 
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1 Waste District will be restricted to operations and mainte2 nance costs of the facility, given the capital contribution 

3 made by the National Park Service. 

4 LAND AND WATER CONSERVATION FUND

5 (RESCISSION)

6 The contract authority provided for fiscal year 2008 

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

8 LAND ACQUISITION AND STATE ASSISTANCE

9 For expenses necessary to carry out the Land and 

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

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

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

13 in accordance with the statutory authority applicable to 

14 the National Park Service, $78,700,000, to be derived 

15 from the Land and Water Conservation Fund and to re16 main available until expended, of which $30,000,000 is for 

17 the State assistance program including $1,675,000 for 

18 program administration: Provided, That none of the funds 

19 provided for the State assistance program may be used 

20 to establish a contingency fund. 

21 ADMINISTRATIVE PROVISIONS

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

23 of Public Law 105–391, franchise fees credited to a sub24 account shall be available for expenditure by the Sec25 retary, without further appropriation, for use at any unit 

26 within the National Park System to extinguish or reduce 
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1 liability for Possessory Interest or leasehold surrender in2 terest. Such funds may only be used for this purpose to 

3 the extent that the benefiting unit anticipated franchise 

4 fee receipts over the term of the contract at that unit ex5 ceed the amount of funds used to extinguish or reduce 

6 liability. Franchise fees at the benefiting unit shall be 

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

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

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

10 to extinguish or reduce liability. 

11 UNITED STATES GEOLOGICAL SURVEY

12 SURVEYS, INVESTIGATIONS, AND RESEARCH

13 For expenses necessary for the United States Geo14 logical Survey to perform surveys, investigations, and re15 search covering topography, geology, hydrology, biology, 

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

17 its territories and possessions, and other areas as author18 ized by 43 U.S.C. 31, 1332, and 1340; classify lands as 

19 to their mineral and water resources; give engineering su20 pervision to power permittees and Federal Energy Regu21 latory Commission licensees; administer the minerals ex22 ploration program (30 U.S.C. 641); conduct inquiries into 

23 the economic conditions affecting mining and materials 

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

25 U.S.C. 98g(1)) and related purposes as authorized by law; 
25 

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1 and to publish and disseminate data relative to the fore2 going activities; $1,009,933,000, of which $64,381,000 

3 shall be available only for cooperation with States or mu4 nicipalities for water resources investigations; of which 

5 $40,150,000 shall remain available until expended for sat6 ellite operations; of which $27,925,000 shall be available 

7 until September 30, 2009, for the operation and mainte8 nance of facilities and deferred maintenance; and of which 

9 $182,139,000 shall be available until September 30, 2009, 

10 for the biological research activity and the operation of 

11 the Cooperative Research Units: Provided, That none of 

12 the funds provided for the biological research activity shall 

13 be used to conduct new surveys on private property, unless 

14 specifically authorized in writing by the property owner: 

15 Provided further, That no part of this appropriation shall 

16 be used to pay more than one-half the cost of topographic 

17 mapping or water resources data collection and investiga18 tions carried on in cooperation with States and municipali19 ties. 

20 ADMINISTRATIVE PROVISIONS

21 From within the amount appropriated for activities 

22 of the United States Geological Survey, such sums as are 

23 necessary shall be available for the purchase and replace24 ment of passenger motor vehicles; reimbursement to the 

25 General Services Administration for security guard serv26 ices; contracting for the furnishing of topographic maps 
26 

S 1696 PCS 

1 and for the making of geophysical or other specialized sur2 veys when it is administratively determined that such pro3 cedures are in the public interest; construction and main4 tenance of necessary buildings and appurtenant facilities; 

5 acquisition of lands for gauging stations and observation 

6 wells; expenses of the United States National Committee 

7 on Geology; and payment of compensation and expenses 

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

9 represent the United States in the negotiation and admin10 istration of interstate compacts: Provided, That activities 

11 funded by appropriations herein made may be accom12 plished through the use of contracts, grants, or coopera13 tive agreements as defined in 31 U.S.C. 6302 et seq.: Pro14 vided further, That the United States Geological Survey 

15 may enter into contracts or cooperative agreements di16 rectly with individuals or indirectly with institutions or 

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

18 for the temporary or intermittent services of students or 

19 recent graduates, who shall be considered employees for 

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

21 Code, relating to compensation for travel and work inju22 ries, and chapter 171 of title 28, United States Code, re23 lating to tort claims, but shall not be considered to be Fed24 eral employees for any other purpose. 
27 

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1 MINERALS MANAGEMENT SERVICE

2 ROYALTY AND OFFSHORE MINERALS MANAGEMENT

3 For expenses necessary for minerals leasing and envi4 ronmental studies, regulation of industry operations, and 

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

6 laws and regulations applicable to oil, gas, and other min7 erals leases, permits, licenses and operating contracts; for 

8 energy-related or other authorized marine-related pur9 poses on the Outer Continental Shelf; and for matching 

10 grants or cooperative agreements; including the purchase 

11 of not to exceed eight passenger motor vehicles for replace12 ment only, $159,948,000, of which $82,371,000 shall be 

13 available for royalty management activities; and an 

14 amount not to exceed $135,730,000, to be credited to this 

15 appropriation and to remain available until expended, 

16 from additions to receipts resulting from increases to rates 

17 in effect on August 5, 1993, from rate increases to fee 

18 collections for Outer Continental Shelf administrative ac19 tivities performed by the Minerals Management Service 

20 (MMS) over and above the rates in effect on September 

21 30, 1993, and from additional fees for Outer Continental 

22 Shelf administrative activities established after September 

23 30, 1993 that the Secretary of the Interior shall collect 

24 in fiscal year 2008 and retain and use for the necessary 

25 expenses of this appropriation: Provided, That to the ex-
28 

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1 tent $135,730,000 in additions to receipts are not realized 

2 from the sources of receipts stated above, the amount 

3 needed to reach $135,730,000 shall be credited to this ap4 propriation from receipts resulting from rental rates for 

5 Outer Continental Shelf leases in effect before August 5, 

6 1993: Provided further, That $3,000,000 for computer ac7 quisitions shall remain available until September 30, 

8 2008: Provided further, That not to exceed $3,000 shall 

9 be available for reasonable expenses related to promoting 

10 volunteer beach and marine cleanup activities: Provided 

11 further, That notwithstanding any other provision of law, 

12 $15,000 under this heading shall be available for refunds 

13 of overpayments in connection with certain Indian leases 

14 in which the Director of MMS concurred with the claimed 

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

16 tribes, or to correct prior unrecoverable erroneous pay17 ments: Provided further, That for the costs of administra18 tion of the Coastal Impact Assistance Program authorized 

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

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

21 through 2010 may retain up to three percent of the 

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

23 retained amounts to remain available until expended: Pro24 vided further, That the eighth proviso under the heading 

25 of ‘‘Minerals Management Service’’ in division E, title I, 
29 

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1 of the Consolidated Appropriations Act, 2005 (Public Law 

2 108–447) is amended by inserting ‘‘and Indian Tribes’’ 

3 after ‘‘States’’, and inserting ‘‘and (d)’’ after ‘‘30 U.S.C. 

4 1721(b)’’. 

5 OIL SPILL RESEARCH

6 For necessary expenses to carry out title I, section 

7 1016, title IV, sections 4202 and 4303, title VII, and title 

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

9 $6,403,000, which shall be derived from the Oil Spill Li10 ability Trust Fund, to remain available until expended. 

11 OFFICE OF SURFACE MINING RECLAMATION AND

12 ENFORCEMENT

13 REGULATION AND TECHNOLOGY

14 For necessary expenses to carry out the provisions 

15 of the Surface Mining Control and Reclamation Act of 

16 1977, Public Law 95–87, as amended, including the pur17 chase of not to exceed 10 passenger motor vehicles, for 

18 replacement only; $121,360,000: Provided, That the Sec19 retary of the Interior, pursuant to regulations, may use 

20 directly or through grants to States, moneys collected in 

21 fiscal year 2008 for civil penalties assessed under section 

22 518 of the Surface Mining Control and Reclamation Act 

23 of 1977 (30 U.S.C. 1268), to reclaim lands adversely af24 fected by coal mining practices after August 3, 1977, to 

25 remain available until expended: Provided further, That 

26 appropriations for the Office of Surface Mining Reclama-
30 

S 1696 PCS 

1 tion and Enforcement may provide for the travel and per 

2 diem expenses of State and tribal personnel attending Of3 fice of Surface Mining Reclamation and Enforcement 

4 sponsored training. 

5 ABANDONED MINE RECLAMATION FUND

6 For necessary expenses to carry out title IV of the 

7 Surface Mining Control and Reclamation Act of 1977, 

8 Public Law 95–87, as amended, including the purchase 

9 of not more than 10 passenger motor vehicles for replace10 ment only, $52,835,000, to be derived from receipts of the 

11 Abandoned Mine Reclamation Fund and to remain avail12 able until expended: Provided, That pursuant to Public 

13 Law 97–365, the Department of the Interior is authorized 

14 to use up to 20 percent from the recovery of the delinquent 

15 debt owed to the United States Government to pay for 

16 contracts to collect these debts: Provided further, That 

17 amounts provided under this heading may be used for the 

18 travel and per diem expenses of State and tribal personnel 

19 attending Office of Surface Mining Reclamation and En20 forcement sponsored training. 

21 ADMINISTRATIVE PROVISIONS

22 With funds available for the Technical Innovation 

23 and Professional Services program in this Act, the Sec24 retary may transfer title for computer hardware, software 

25 and other technical equipment to State and Tribal regu26 latory and reclamation programs. 
31 

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1 BUREAU OF INDIAN AFFAIRS

2 OPERATION OF INDIAN PROGRAMS

3 For expenses necessary for the operation of Indian 

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

5 of November 2, 1921 (25 U.S.C. 13), the Indian Self-De6 termination and Education Assistance Act of 1975 (25 

7 U.S.C. 450 et seq.), as amended, the Education Amend8 ments of 1978 (25 U.S.C. 2001–2019), and the Tribally 

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

10 as amended, $2,046,341,000, to remain available until 

11 September 30, 2009 except as otherwise provided herein, 

12 of which not to exceed $77,164,000 shall be for welfare 

13 assistance payments: Provided, That in cases of des14 ignated Federal disasters, the Secretary may exceed such 

15 cap, from the amounts provided herein, to provide for dis16 aster relief to Indian communities affected by the disaster; 

17 notwithstanding any other provision of law, including but 

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

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

20 for payments for contract support costs associated with 

21 ongoing contracts, grants, compacts, or annual funding 

22 agreements entered into with the Bureau prior to or dur23 ing fiscal year 2008, as authorized by such Act, except 

24 that federally recognized tribes and tribal organizations 

25 may use their tribal priority allocations for unmet contract 
32 

S 1696 PCS 

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

2 or annual funding agreements and for unmet welfare as3 sistance costs; of which not to exceed $476,500,000 for 

4 school operations costs of Bureau-funded schools and 

5 other education programs shall become available on July 

6 1, 2008, and shall remain available until September 30, 

7 2009; and of which not to exceed $55,817,000 shall re8 main available until expended for housing improvement, 

9 road maintenance, attorney fees, litigation support, the In10 dian Self-Determination Fund, land records improvement, 

11 and the Navajo-Hopi Settlement Program: Provided fur12 ther, That notwithstanding any other provision of law, in13 cluding but not limited to the Indian Self-Determination 

14 Act of 1975, as amended, and 25 U.S.C. 2008, not to ex15 ceed $44,060,000 within and only from such amounts 

16 made available for school operations shall be available for 

17 administrative cost grants associated with ongoing grants 

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

19 2008 for the operation of Bureau-funded schools, and up 

20 to $500,000 within and only from such amounts made 

21 available for school operations shall be available for the 

22 transitional costs of initial administrative cost grants to 

23 grantees that enter into grants for the operation on or 

24 after July 1, 2007, of Bureau-operated schools: Provided 

25 further, That any forestry funds allocated to a tribe which 
33 

S 1696 PCS 

1 remain unobligated as of September 30, 2009, may be 

2 transferred during fiscal year 2010 to an Indian forest 

3 land assistance account established for the benefit of the 

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

5 Provided further, That any such unobligated balances not 

6 so transferred shall expire on September 30, 2010. 

7 CONSTRUCTION

8 (INCLUDING RESCISSION OF FUNDS)

9 For construction, repair, improvement, and mainte10 nance of irrigation and power systems, buildings, utilities, 

11 and other facilities, including architectural and engineer12 ing services by contract; acquisition of lands, and interests 

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

14 construction of the Navajo Indian Irrigation Project pur15 suant to Public Law 87–483, $182,812,000, to remain 

16 available until expended: Provided, That such amounts as 

17 may be available for the construction of the Navajo Indian 

18 Irrigation Project may be transferred to the Bureau of 

19 Reclamation: Provided further, That not to exceed 6 per20 cent of contract authority available to the Bureau of In21 dian Affairs from the Federal Highway Trust Fund may 

22 be used to cover the road program management costs of 

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

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

25 shall be made available on a nonreimbursable basis: Pro26 vided further, That for fiscal year 2008, in implementing 
34 

S 1696 PCS 

1 new construction or facilities improvement and repair 

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

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

4 Secretary of the Interior shall use the Administrative and 

5 Audit Requirements and Cost Principles for Assistance 

6 Programs contained in 43 CFR part 12 as the regulatory 

7 requirements: Provided further, That such grants shall not 

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

9 the grantee shall negotiate and determine a schedule of 

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

11 That in considering applications, the Secretary shall con12 sider whether such grantee would be deficient in assuring 

13 that the construction projects conform to applicable build14 ing standards and codes and Federal, tribal, or State 

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

16 2005(b), with respect to organizational and financial man17 agement capabilities: Provided further, That if the Sec18 retary declines an application, the Secretary shall follow 

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

20 further, That any disputes between the Secretary and any 

21 grantee concerning a grant shall be subject to the disputes 

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

23 order to ensure timely completion of replacement school 

24 construction projects, the Secretary may assume control 

25 of a project and all funds related to the project, if, within 
35 

S 1696 PCS 

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

2 grantee receiving funds appropriated in this Act or in any 

3 prior Act, has not completed the planning and design 

4 phase of the project and commenced construction of the 

5 replacement school: Provided further, That this Appropria6 tion may be reimbursed from the Office of the Special 

7 Trustee for American Indians Appropriation for the ap8 propriate share of construction costs for space expansion 

9 needed in agency offices to meet trust reform implementa10 tion. 

11 Of the funds made available under this heading in 

12 Public Law 108–447 for the tribal school demonstration 

13 program, $3,800,000 of unobligated elementary school 

14 funding are rescinded. 

15 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

16 MISCELLANEOUS PAYMENTS TO INDIANS

17 For payments and necessary administrative expenses 

18 for implementation of Indian land and water claim settle19 ments pursuant to Public Laws 99–264, 100–580, 101– 

20 618, 107–331, 108–477, 109–379, 109–429, and 109– 

21 479, and for implementation of other land and water 

22 rights settlements, $34,069,000, to remain available until 

23 expended. 

24 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

25 For the cost of guaranteed and insured loans, 

26 $6,276,000, of which $700,000 is for administrative ex-
36 

S 1696 PCS 

1 penses, as authorized by the Indian Financing Act of 

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

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

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

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

7 not to exceed $85,506,098. 

8 ADMINISTRATIVE PROVISIONS

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

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

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

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

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

21 Loan Program account) shall be available for expenses of 

22 exhibits, and purchase and replacement of passenger 

23 motor vehicles. 

24 Notwithstanding any other provision of law, no funds 

25 available to the Bureau of Indian Affairs for central office 

26 oversight and Executive Direction and Administrative 
37 

S 1696 PCS 

1 Services (except executive direction and administrative 

2 services funding for Tribal Priority Allocations and re3 gional offices) shall be available for tribal contracts, 

4 grants, compacts, or cooperative agreements with the Bu5 reau of Indian Affairs under the provisions of the Indian 

6 Self-Determination Act or the Tribal Self-Governance Act 

7 of 1994 (Public Law 103–413). 

8 In the event any federally recognized tribe returns ap9 propriations made available by this Act to the Bureau of 

10 Indian Affairs, this action shall not diminish the Federal 

11 Government’s trust responsibility to that tribe, or the gov12 ernment-to-government relationship between the United 

13 States and that tribe, or that tribe’s ability to access fu14 ture appropriations. 

15 Notwithstanding any other provision of law, no funds 

16 available to the Bureau, other than the amounts provided 

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

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

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

20 Appropriations made available in this or any other 

21 Act for schools funded by the Bureau shall be available 

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

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

S 1696 PCS 

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

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

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

5 is defined in section 1146 of the Education Amendments 

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

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

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

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

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

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

14 separate and apart from Bureau funds, and the Bureau 

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

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

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

22 title 28, United States Code. 

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

25 Student Equalization Program to meet emergencies and 
39 

S 1696 PCS 

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

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

5 school year. 

6 Notwithstanding any other provision of law, including 

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

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

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

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

13 distribution formula. 

14 DEPARTMENTAL OFFICES

15 OFFICE OF THE SECRETARY

16 SALARIES AND EXPENSES

17 For necessary expenses for management of the De18 partment of the Interior, $102,151,000; of which not to 

19 exceed $15,000 may be for official reception and represen20 tation expenses; of which $1,000,000, to remain available 

21 until expended, is for salaries, expenses, and costs for con22 struction design of the Dwight D. Eisenhower Memorial 

23 Commission established by section 8162(b) of the Depart24 ment of Defense Appropriations Act, 2000 (40 U.S.C. 

25 8903 note; Public Law 106–79); and of which up to 
40 

S 1696 PCS 

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

2 payments and unemployment compensation payments as3 sociated with the orderly closure of the United States Bu4 reau of Mines: Provided, That none of the funds in this 

5 Act or previous appropriations Acts may be used to estab6 lish reserves in the Working Capital Fund account other 

7 than for accrued annual leave and depreciation of equip8 ment without prior approval of the House and Senate 

9 Committees on Appropriations. 

10 INSULAR AFFAIRS

11 ASSISTANCE TO TERRITORIES

12 For expenses necessary for assistance to territories 

13 under the jurisdiction of the Department of the Interior, 

14 $77,821,000, of which: (1) $69,637,000 shall remain 

15 available until expended for technical assistance, including 

16 maintenance assistance, disaster assistance, insular man17 agement controls, coral reef initiative activities, and brown 

18 tree snake control and research; grants to the judiciary 

19 in American Samoa for compensation and expenses, as au20 thorized by law (48 U.S.C. 1661(c)); grants to the Govern21 ment of American Samoa, in addition to current local rev22 enues, for construction and support of governmental func23 tions; grants to the Government of the Virgin Islands as 

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

25 as authorized by law; and grants to the Government of 
41 

S 1696 PCS 

1 the Northern Mariana Islands as authorized by law (Pub2 lic Law 94–241; 90 Stat. 272); and (2) $8,184,000 shall 

3 remain available until September 30, 2008, for salaries 

4 and expenses of the Office of Insular Affairs: Provided, 

5 That all financial transactions of the territorial and local 

6 governments herein provided for, including such trans7 actions of all agencies or instrumentalities established or 

8 used by such governments, may be audited by the Govern9 ment Accountability Office, at its discretion, in accordance 

10 with chapter 35 of title 31, United States Code: Provided 

11 further, That Northern Mariana Islands Covenant grant 

12 funding shall be provided according to those terms of the 

13 Agreement of the Special Representatives on Future 

14 United States Financial Assistance for the Northern Mar15 iana Islands approved by Public Law 104–134: Provided 

16 further, That the funds for the program of operations and 

17 maintenance improvement are appropriated to institu18 tionalize routine operations and maintenance improvement 

19 of capital infrastructure with territorial participation and 

20 cost sharing to be determined by the Secretary based on 

21 the grantee’s commitment to timely maintenance of its 

22 capital assets: Provided further, That any appropriation 

23 for disaster assistance under this heading in this Act or 

24 previous appropriations Acts may be used as non-Federal 

25 matching funds for the purpose of hazard mitigation 
42 

S 1696 PCS 

1 grants provided pursuant to section 404 of the Robert T. 

2 Stafford Disaster Relief and Emergency Assistance Act 

3 (42 U.S.C. 5170c). 

4 COMPACT OF FREE ASSOCIATION

5 For grants and necessary expenses, $5,362,000, to 

6 remain available until expended, as provided for in sec7 tions 221(a)(2), 221(b), and 233 of the Compact of Free 

8 Association for the Republic of Palau; and section 

9 221(a)(2) of the Compacts of Free Association for the 

10 Government of the Republic of the Marshall Islands and 

11 the Federated States of Micronesia, as authorized by Pub12 lic Law 99–658 and Public Law 108–188. 

13 OFFICE OF THE SOLICITOR

14 SALARIES AND EXPENSES

15 For necessary expenses of the Office of the Solicitor, 

16 $59,449,000. 

17 OFFICE OF INSPECTOR GENERAL

18 SALARIES AND EXPENSES

19 For necessary expenses of the Office of Inspector 

20 General, $45,572,000. 

21 OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

22 FEDERAL TRUST PROGRAMS

23 For the operation of trust programs for Indians by 

24 direct expenditure, contracts, cooperative agreements, 

25 compacts, and grants, $185,947,000, to remain available 

26 until expended, of which not to exceed $60,000,000 from 
43 

S 1696 PCS 

1 this or any other Act, shall be available for historical ac2 counting: Provided, That funds for trust management im3 provements and litigation support may, as needed, be 

4 transferred to or merged with the Bureau of Indian Af5 fairs, ‘‘Operation of Indian Programs’’ account; the Office 

6 of the Solicitor, ‘‘Salaries and Expenses’’ account; and the 

7 Office of the Secretary, ‘‘Salaries and Expenses’’ account: 

8 Provided further, That funds made available through con9 tracts or grants obligated during fiscal year 2008, as au10 thorized by the Indian Self-Determination Act of 1975 (25 

11 U.S.C. 450 et seq.), shall remain available until expended 

12 by the contractor or grantee: Provided further, That, not13 withstanding any other provision of law, the statute of lim14 itations shall not commence to run on any claim, including 

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

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

18 has been furnished with an accounting of such funds from 

19 which the beneficiary can determine whether there has 

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

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

22 to provide a quarterly statement of performance for any 

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

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

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

S 1696 PCS 

1 statement and maintain a record of any such accounts and 

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

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

5 available for the Secretary to make payments to correct 

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

8 September 30, 2002: Provided further, That erroneous 

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

11 INDIAN LAND CONSOLIDATION

12 For consolidation of fractional interests in Indian 

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

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

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

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

21 DEPARTMENT-WIDE PROGRAMS

22 PAYMENTS IN LIEU OF TAXES

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

25 $232,528,000, of which not to exceed $400,000 shall be 

26 available for administrative expenses: Provided, That no 
45 

S 1696 PCS 

1 payment shall be made to otherwise eligible units of local 

2 government if the computed amount of the payment is less 

3 than $100. 

4 CENTRAL HAZARDOUS MATERIALS FUND

5 For necessary expenses of the Department of the In6 terior and any of its component offices and bureaus for 

7 the remedial action, including associated activities, of haz8 ardous waste substances, pollutants, or contaminants pur9 suant to the Comprehensive Environmental Response, 

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

11 9601 et seq.), $9,954,000, to remain available until ex12 pended. 

13 NATURAL RESOURCE DAMAGE ASSESSMENT AND

14 RESTORATION

15 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

16 To conduct natural resource damage assessment and 

17 restoration activities by the Department of the Interior 

18 necessary to carry out the provisions of the Comprehensive 

19 Environmental Response, Compensation, and Liability 

20 Act, as amended (42 U.S.C. 9601 et seq.), the Federal 

21 Water Pollution Control Act, as amended (33 U.S.C. 1251 

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

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

24 19jj et seq.), $6,300,000, to remain available until ex25 pended. 
46 

S 1696 PCS 

1 WORKING CAPITAL FUND

2 For the acquisition of a departmental financial and 

3 business management system, $37,069,000, to remain 

4 available until expended. 

5 ADMINISTRATIVE PROVISIONS

6 There is hereby authorized for acquisition from avail7 able resources within the Working Capital Fund, 15 air8 craft, 10 of which shall be for replacement and which may 

9 be obtained by donation, purchase or through available ex10 cess surplus property: Provided, That existing aircraft 

11 being replaced may be sold, with proceeds derived or 

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

13 replacement aircraft: Provided further, That no programs 

14 funded with appropriated funds in the ‘‘Office of the Sec15 retary’’, ‘‘Office of the Solicitor’’, and ‘‘Office of Inspector 

16 General’’ may be augmented through the Working Capital 

17 Fund: Provided further, That the annual budget justifica18 tion for Department-wide programs shall describe esti19 mated Working Capital Fund charges to bureaus and of20 fices, including the methodology on which charges are 

21 based: Provided further, That departures from the Work22 ing Capital Fund estimates contained in the budget jus23 tification shall be presented to the Committees on Appro24 priations for approval: Provided further, That the Sec25 retary shall provide a semi-annual report to the Commit26 tees on Appropriations on reimbursable support agree-
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1 ments between the Office of the Secretary and the Na2 tional Business Center and the bureaus and offices of the 

3 Department, including the amounts billed pursuant to 

4 such agreements. 

5 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

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

7 available for expenditure or transfer within each bureau 

8 or office, with the approval of the Secretary, for the emer9 gency reconstruction, replacement, or repair of aircraft, 

10 buildings, utilities, or other facilities or equipment dam11 aged or destroyed by fire, flood, storm, or other unavoid12 able causes: Provided, That no funds shall be made avail13 able under this authority until funds specifically made 

14 available to the Department of the Interior for emer15 gencies shall have been exhausted: Provided further, That 

16 all funds used pursuant to this section must be replenished 

17 by a supplemental appropriation which must be requested 

18 as promptly as possible. 

19 SEC. 102. The Secretary may authorize the expendi20 ture or transfer of any no year appropriation in this title, 

21 in addition to the amounts included in the budget pro22 grams of the several agencies, for the suppression or emer23 gency prevention of wildland fires on or threatening lands 

24 under the jurisdiction of the Department of the Interior; 

25 for the emergency rehabilitation of burned-over lands 
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1 under its jurisdiction; for emergency actions related to po2 tential or actual earthquakes, floods, volcanoes, storms, or 

3 other unavoidable causes; for contingency planning subse4 quent to actual oil spills; for response and natural resource 

5 damage assessment activities related to actual oil spills; 

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

7 potential grasshopper and Mormon cricket outbreaks on 

8 lands under the jurisdiction of the Secretary, pursuant to 

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

10 (99 Stat. 1658); for emergency reclamation projects under 

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

12 any no year funds available to the Office of Surface Min13 ing Reclamation and Enforcement, such funds as may be 

14 necessary to permit assumption of regulatory authority in 

15 the event a primacy State is not carrying out the regu16 latory provisions of the Surface Mining Act: Provided, 

17 That appropriations made in this title for wildland fire 

18 operations shall be available for the payment of obligations 

19 incurred during the preceding fiscal year, and for reim20 bursement to other Federal agencies for destruction of ve21 hicles, aircraft, or other equipment in connection with 

22 their use for wildland fire operations, such reimbursement 

23 to be credited to appropriations currently available at the 

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

25 fire operations, no funds shall be made available under 
49 

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1 this authority until the Secretary determines that funds 

2 appropriated for ‘‘wildland fire operations’’ shall be ex3 hausted within 30 days: Provided further, That all funds 

4 used pursuant to this section must be replenished by a 

5 supplemental appropriation which must be requested as 

6 promptly as possible: Provided further, That such replen7 ishment funds shall be used to reimburse, on a pro rata 

8 basis, accounts from which emergency funds were trans9 ferred. 

10 SEC. 103. Appropriations made to the Department 

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

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

13 Secretary, in total amount not to exceed $500,000; hire, 

14 maintenance, and operation of aircraft; hire of passenger 

15 motor vehicles; purchase of reprints; payment for tele16 phone service in private residences in the field, when au17 thorized under regulations approved by the Secretary; and 

18 the payment of dues, when authorized by the Secretary, 

19 for library membership in societies or associations which 

20 issue publications to members only or at a price to mem21 bers lower than to subscribers who are not members. 

22 SEC. 104. No funds provided in this title may be ex23 pended by the Department of the Interior for the conduct 

24 of offshore preleasing, leasing and related activities placed 

25 under restriction in the President’s moratorium statement 
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1 of June 12, 1998, in the areas of northern, central, and 

2 southern California; the North Atlantic; Washington and 

3 Oregon; and the eastern Gulf of Mexico south of 26 de4 grees north latitude and east of 86 degrees west longitude. 

5 SEC. 105. No funds provided in this title may be ex6 pended by the Department of the Interior to conduct oil 

7 and natural gas preleasing, leasing and related activities 

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

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

10 headings Bureau of Indian Affairs and Office of Special 

11 Trustee for American Indians and any unobligated bal12 ances from prior appropriations Acts made under the 

13 same headings shall be available for expenditure or trans14 fer for Indian trust management and reform activities, ex15 cluding litigation costs. Total funding for historical ac16 counting activities shall not exceed amounts specifically 

17 designated in this Act for such purpose. 

18 SEC. 107. Notwithstanding any other provision of 

19 law, the Secretary of the Interior is authorized to redis20 tribute any Tribal Priority Allocation funds, including 

21 tribal base funds, to alleviate tribal funding inequities by 

22 transferring funds to address identified, unmet needs, 

23 dual enrollment, overlapping service areas or inaccurate 

24 distribution methodologies. No tribe shall receive a reduc25 tion in Tribal Priority Allocation funds of more than 10 
51 

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1 percent in fiscal year 2008. Under circumstances of dual 

2 enrollment, overlapping service areas or inaccurate dis3 tribution methodologies, the 10 percent limitation does not 

4 apply. 

5 SEC. 108. Notwithstanding any other provision of 

6 law, in conveying the Twin Cities Research Center under 

7 the authority provided by Public Law 104–134, as amend8 ed by Public Law 104–208, the Secretary may accept and 

9 retain land and other forms of reimbursement: Provided, 

10 That the Secretary may retain and use any such reim11 bursement until expended and without further appropria12 tion: (1) for the benefit of the National Wildlife Refuge 

13 System within the State of Minnesota; and (2) for all ac14 tivities authorized by Public Law 100–696; 16 U.S.C. 

15 460zz. 

16 SEC. 109. The Secretary of the Interior may use or 

17 contract for the use of helicopters or motor vehicles on 

18 the Sheldon and Hart National Wildlife Refuges for the 

19 purpose of capturing and transporting horses and burros. 

20 The provisions of subsection (a) of the Act of September 

21 8, 1959 (18 U.S.C. 47(a)) shall not be applicable to such 

22 use. Such use shall be in accordance with humane proce23 dures prescribed by the Secretary. 

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

25 can be used to compensate the Special Master and the 
52 

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1 Special Master-Monitor, and all variations thereto, ap2 pointed by the United States District Court for the Dis3 trict of Columbia in the Cobell v. Kempthorne litigation 

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

5 Senior Executive Service rate of pay for the Washington6 Baltimore locality pay area. 

7 SEC. 111. The Secretary of the Interior may use dis8 cretionary funds to pay private attorney fees and costs for 

9 employees and former employees of the Department of the 

10 Interior reasonably incurred in connection with Cobell v. 

11 Kempthorne to the extent that such fees and costs are 

12 not paid by the Department of Justice or by private insur13 ance. In no case shall the Secretary make payments under 

14 this section that would result in payment of hourly fees 

15 in excess of the highest hourly rate approved by the Dis16 trict Court for the District of Columbia for counsel in 

17 Cobell v. Kempthorne. 

18 SEC. 112. No funds appropriated for the Department 

19 of the Interior by this Act or any other Act shall be used 

20 to study or implement any plan to drain Lake Powell or 

21 to reduce the water level of the lake below the range of 

22 water levels required for the operation of the Glen Canyon 

23 Dam. 

24 SEC. 113. Notwithstanding any implementation of 

25 the Department of the Interior’s trust reorganization or 
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1 reengineering plans, or the implementation of the ‘‘To Be’’ 

2 Model, funds appropriated for fiscal year 2008 shall be 

3 available to the tribes within the California Tribal Trust 

4 Reform Consortium and to the Salt River Pima-Maricopa 

5 Indian Community, the Confederated Salish and Kootenai 

6 Tribes of the Flathead Reservation and the Chippewa Cree 

7 Tribe of the Rocky Boys Reservation through the same 

8 methodology as funds were distributed in fiscal year 2003. 

9 This Demonstration Project shall continue to operate sep10 arate and apart from the Department of the Interior’s 

11 trust reform and reorganization and the Department shall 

12 not impose its trust management infrastructure upon or 

13 alter the existing trust resource management systems of 

14 the above referenced tribes having a self-governance com15 pact and operating in accordance with the Tribal Self-Gov16 ernance Program set forth in 25 U.S.C. 458aa–458hh: 

17 Provided, That the California Trust Reform Consortium 

18 and any other participating tribe agree to carry out their 

19 responsibilities under the same written and implemented 

20 fiduciary standards as those being carried by the Sec21 retary of the Interior: Provided further, That they dem22 onstrate to the satisfaction of the Secretary that they have 

23 the capability to do so: Provided further, That the Depart24 ment shall provide funds to the tribes in an amount equal 

25 to that required by 25 U.S.C. 458cc(g)(3), including funds 
54 

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1 specifically or functionally related to the provision of trust 

2 services to the tribes or their members. 

3 SEC. 114. Notwithstanding any provision of law, in4 cluding 42 U.S.C. 4321 et seq., nonrenewable grazing per5 mits authorized in the Jarbidge Field Office, Bureau of 

6 Land Management since March 1, 1997 shall be renewed. 

7 The Animal Unit Months, authorized in any nonrenewable 

8 grazing permit from March 1, 1997 to present shall con9 tinue in effect under the renewed permit. Nothing in this 

10 section shall be deemed to extend the renewed permit be11 yond the standard 1-year term. The period of this provi12 sion will be until all of the grazing permits in the Jarbidge 

13 Field Office are renewed after the completion of the 

14 Record of Decision for the Jarbidge Resource Manage15 ment Plan/Final Environmental Impact Statement. 

16 SEC. 115. Notwithstanding any other provision of 

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

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

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

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

21 of operating and maintaining facilities in the support of 

22 transportation and accommodation of visitors to Ellis, 

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

24 administrative activities, by donation or with appropriated 

25 funds, including franchise fees (and other monetary con-
55 

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1 sideration), or by exchange; and the Secretary is author2 ized to negotiate and enter into leases, subleases, conces3 sion contracts or other agreements for the use of such fa4 cilities on such terms and conditions as the Secretary may 

5 determine reasonable. 

6 SEC. 116. Notwithstanding any other provision of 

7 law, the National Park Service final winter use rules pub8 lished in Part VII of the Federal Register for November 

9 10, 2004, 69 Fed. Reg. 65348 et seq., shall be in force 

10 and effect for the winter season of 2007–2008 that com11 mences on or about December 15, 2007. 

12 SEC. 117. Pursuant to section 10101f(d)(3) of the 

13 Omnibus Budget Reconciliation Act of 1993 (30 U.S.C. 

14 28f(d)(3)), the following claims shall be given notice of 

15 defect and the opportunity to cure: AA 023149; AA 

16 023163; AA 047913; AA 047914; AA 047915; AA 

17 047916; AA 047917; AA 047918 and AA 047919. 

18 SEC. 118. OIL AND GAS LEASING INTERNET PILOT

19 PROGRAM. Notwithstanding section 17(b)(1)(A) of the 

20 Mineral Leasing Act (30 U.S.C 226(b)(1)(A)), the Sec21 retary of the Interior shall establish an oil and gas leasing 

22 Internet pilot program, under which the Secretary may 

23 conduct lease sales through methods other than oral bid24 ding. To carry out the pilot program, the Secretary of the 

25 Interior may use not more than $250,000 of funds in the 
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1 BLM Permit Processing Improvement Fund described in 

2 section 35(c)(2)(B) of the Mineral Leasing Act (30 U.S.C. 

3 191(c)(2)(B)). 

4 SEC. 119. In implementing section 1307 of Public 

5 Law 96–487 (4 Stat. 2479), the Secretary shall deem the 

6 present holders of entry permit CP–GLBA005–00 and 

7 entry permit CP–GLBA004–00 each to be a person who, 

8 on or before January 1, 1979, was engaged in adequately 

9 providing visitor services of the type authorized in said 

10 permit within Glacier Bay National Park. 

11 SEC. 120. Notwithstanding any other provisions of 

12 this Act, none of the funds made available by this Act may 

13 be used to issue permits for or otherwise approve or allow, 

14 pursuant to the Marine Mammal Protection Act (16 

15 U.S.C. 1361 et seq.), importation of polar bears or polar 

16 bear parts taken in a sport hunt in any country, whether 

17 or not legally harvested in that country. 

18 SEC. 121. No funds appropriated or otherwise made 

19 available to the Department of the Interior may be used, 

20 in relation to any proposal to store water for the purpose 

21 of export, for approval of any right-of-way or similar au22 thorization on the Mojave National Preserve or lands man23 aged by the Needles Field Office of the Bureau of Land 

24 Management, or for carrying out any activities associated 

25 with such right-of-way or similar approval. 
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1 SEC. 122. Section 460ccc–4 of the Red Rock Canyon 

2 National Conservation Area Establishment Act authoriza3 tion (16 U.S.C. 460ccc) is amended— 

4 (1) in section (a)(1), by striking ‘‘with donated 

5 or appropriated funds’’; 

6 (2) by striking section (a)(2); 

7 (3) in section (a)(3), by striking ‘‘(3)’’ and re8 placing with ‘‘(2)’’; 

9 (4) in section (a)(4), by striking ‘‘(4)’’ and re10 placing with ‘‘(3)’’. 

11 SEC. 123. Title 43 U.S.C. 1473 is amended by insert12 ing at the end of that section before the period the fol13 lowing: ‘‘, including contributions of money and services 

14 to conduct work in support of the orderly exploration and 

15 development of Outer Continental Shelf resources, includ16 ing but not limited to, preparation of environmental docu17 ments such as impact statements and assessments, stud18 ies, and related research’’. 

19 SEC. 124. Section 1077(c) of Public Law 109–364 

20 is repealed. 

21 SEC. 125. Section 144 of division E of Public Law 

22 108–447, as amended, is amended in paragraph (b)(2) by 

23 striking ‘‘November 12, 2004’’ and inserting ‘‘May 4, 

24 2005.’’ 
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1 SEC. 126. Section 105(f)(1)(B) of the Compact of 

2 Free Association Amendments Act of 2003 (48 U.S.C. 

3 1921d(f)(1)(B)) is amended in clause (ix) by— 

4 (1) striking ‘‘Republic’’ both places it appears 

5 and inserting ‘‘government, institutions, and peo6 ple’’; 

7 (2) by striking ‘‘2007’’ and inserting ‘‘2009’’; 

8 and 

9 (3) by striking ‘‘was’’ and inserting ‘‘were’’. 

10 SEC. 127. The Secretary of the Interior should seek 

11 to carry out without further delay the provisions identified 

12 in the Upper Snake River Basin Biological Opinion re13 leased by the National Marine Fisheries Service, North14 west Region dated March 31, 2005 for the conservation 

15 of salmon and steelhead species in the Columbia and 

16 Snake River Basins and the Upper Snake River Basin Bi17 ological Opinion issued by the U.S. Fish and Wildlife Serv18 ice dated March 31, 2005 for the conservation of various 

19 species in the Pacific Northwest. 

20 SEC. 128. Notwithstanding any other provision of law 

21 (including provisions of law requiring competition), the 

22 Secretary of the Interior may enter into cooperative agree23 ments (which may provide for the acquisition of goods or 

24 services, including personal services) with a State, political 

25 subdivision, or agency thereof, a public or private agency, 
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1 organization, or any other person, if the agreement will: 

2 (1) serve a mutual interest of the parties to the agreement 

3 in carrying out the programs administered by the Depart4 ment of the Interior; and (2) all parties will contribute 

5 resources to the accomplishment of these objectives. 

6 SEC. 129. The Federal properties commonly referred 

7 to as the Barnes Ranch and Agency Lake Ranch (the 

8 properties) in Klamath County, Oregon, managed by the 

9 Bureau of Reclamation shall be transferred to the Upper 

10 Klamath National Wildlife Refuge (Refuge) in accordance 

11 with the Memorandum of Understanding between the U.S. 

12 Fish and Wildlife Service Klamath Basin National Wild13 life Refuge Complex and the Bureau of Reclamation 

14 Klamath Basin Area Office and The Nature Conservancy 

15 dated March 2, 2007, as expeditiously as possible and no 

16 later than December 2008: Provided, That these Federal 

17 properties and all Federal refuge lands within the adjusted 

18 boundary area for the Refuge, as approved by the U.S. 

19 Fish and Wildlife Service (Service) in June 2005 under 

20 the Land Protection Plan of 2005, shall be made a part 

21 of the Refuge and shall be managed by the Service as 

22 such: Provided further, That each year after the properties 

23 become part of the Refuge, those increments of water pas24 sively stored on the properties shall be applied and cred25 ited toward the requirements of any consultation or recon-
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1 sultation over Klamath Project operations pursuant to 

2 section 7 of the Endangered Species Act, consistent with 

3 Federal law and State water law. 

4 SEC. 130. CORINTH UNIT OF SHILOH NATIONAL

5 MILITARY PARK BOUNDARY EXPANSION. The Corinth 

6 Battlefield Preservation Act of 2000 is amended— 

7 (1) in section 3(1) (16 U.S.C. 430f–7(1)), by 

8 striking ‘‘304/80,007, and dated October 1998’’ and 

9 inserting ‘‘304A/80,009, and dated April 2007’’; 

10 (2) in section 4 (16 U.S.C. 430f–8), by striking 

11 subsection (b) and inserting the following: 

12 ‘‘(b) COMPOSITION OF UNIT.—The Unit shall be 

13 comprised of approximately 810 acres of land, as generally 

14 depicted on the Map.’’. 

15 (3) by striking section 7 (16 U.S.C. 430f–11); 

16 and 

17 (4) by redesignating section 8 as section 7. 

18 SEC. 131. In section 5(8) of Public Law 107–226, 

19 strike ‘‘acquire’’ and all that follows and insert, ‘‘acquire 

20 the land or interests in land for the memorial by donation, 

21 purchase with donated or appropriated funds, exchange or 

22 condemnation with donated or appropriated funds; and’’. 

23 SEC. 132. CLARIFICATION OF CONCESSIONAIRE HIS24 TORIC RIGHTS. (a) In implementing section 1307 of Public 

25 Law 96–487 (96 Stat. 2479), the Secretary shall deem 
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1 Denali National Park Wilderness Centers, Ltd., a corpora2 tion organized and existing under the laws of the State 

3 of Alaska, to be a person who, on or before January 1, 

4 1979, was engaged in adequately providing the following 

5 scope and level of visitor services within what is currently 

6 Denali National Park and Preserve: 

7 (1) Guided interpretive hiking services in the 

8 Kantishna area new park additions (i.e. park area 

9 added in 1980 to former Mount McKinley National 

10 Park), not to exceed 14 guided interpretive hikes per 

11 week. 

12 (2) Gold panning outings in the Kantishna area 

13 new park additions, not to exceed 3 gold panning 

14 outings per week. 

15 (3) Guided interpretive trips, including an aver16 age of four vehicle trips per day, not to exceed 28 

17 trips per week, into the Old Park (i.e. former Mount 

18 McKinley National Park). 

19 (4) Guided and unguided canoeing on Wonder 

20 Lake, including the storage of five canoes on Won21 der Lake. 

22 (5) Transportation over the road between the 

23 north boundary of the Old Park and Wonder Lake, 

24 including Wonder Lake Campground, for an average 

25 of 10 trips per day not to exceed 70 trips per week. 
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1 (b) For purpose of implementing this section, the 

2 term ‘‘person’’ means the person who has a controlling 

3 interest in the entity described under subsection (a) or his 

4 lineal descendants born prior to January 1, 1979. 

5 TITLE II 

6 ENVIRONMENTAL PROTECTION AGENCY 

7 SCIENCE AND TECHNOLOGY

8 For science and technology, including research and 

9 development activities, which shall include research and 

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

12 1980, as amended; necessary expenses for personnel and 

13 related costs and travel expenses, including uniforms, or 

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

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

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

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

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

22 exceed $85,000 per project, $772,530,000, to remain 

23 available until September 30, 2009. 
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1 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

2 For environmental programs and management, in3 cluding necessary expenses, not otherwise provided for, for 

4 personnel and related costs and travel expenses, including 

5 uniforms, or allowances therefor, as authorized by 5 

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

7 3109, but at rates for individuals not to exceed the per 

8 diem rate equivalent to the maximum rate payable for sen9 ior level positions under 5 U.S.C. 5376; hire of passenger 

10 motor vehicles; hire, maintenance, and operation of air11 craft; purchase of reprints; library memberships in soci12 eties or associations which issue publications to members 

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

14 who are not members; construction, alteration, repair, re15 habilitation, and renovation of facilities, not to exceed 

16 $85,000 per project; and not to exceed $9,000 for official 

17 reception and representation expenses, $2,384,121,000, to 

18 remain available until September 30, 2009, including ad19 ministrative costs of the brownfields program under the 

20 Small Business Liability Relief and Brownfields Revital21 ization Act of 2002. 

22 OFFICE OF INSPECTOR GENERAL

23 For necessary expenses of the Office of Inspector 

24 General in carrying out the provisions of the Inspector 

25 General Act of 1978, as amended, and for construction, 
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1 alteration, repair, rehabilitation, and renovation of facili2 ties, not to exceed $85,000 per project, $40,000,000, to 

3 remain available until September 30, 2009. 

4 BUILDINGS AND FACILITIES

5 For construction, repair, improvement, extension, al6 teration, and purchase of fixed equipment or facilities of, 

7 or for use by, the Environmental Protection Agency, 

8 $34,801,000, to remain available until expended. 

9 HAZARDOUS SUBSTANCE SUPERFUND

10 (INCLUDING TRANSFERS OF FUNDS)

11 For necessary expenses to carry out the Comprehen12 sive Environmental Response, Compensation, and Liabil13 ity Act of 1980 (CERCLA), as amended, including sec14 tions 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 

15 9611), and for construction, alteration, repair, rehabilita16 tion, and renovation of facilities, not to exceed $85,000 

17 per project; $1,274,643,000, to remain available until ex18 pended, consisting of such sums as are available in the 

19 Trust Fund on September 30, 2007, as authorized by sec20 tion 517(a) of the Superfund Amendments and Reauthor21 ization Act of 1986 (SARA) and up to $1,274,643,000 

22 as a payment from general revenues to the Hazardous 

23 Substance Superfund for purposes as authorized by sec24 tion 517(b) of SARA, as amended: Provided, That funds 

25 appropriated under this heading may be allocated to other 
65 

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

2 CERCLA: Provided further, That of the funds appro3 priated under this heading, $13,337,000 shall be trans4 ferred to the ‘‘Office of Inspector General’’ appropriation 

5 to remain available until September 30, 2009, and 

6 $26,126,000 shall be transferred to the ‘‘Science and 

7 Technology’’ appropriation to remain available until Sep8 tember 30, 2009. 

9 LEAKING UNDERGROUND STORAGE TANK TRUST FUND

10 PROGRAM

11 For necessary expenses to carry out leaking under12 ground storage tank cleanup activities authorized by sec13 tion 205 of the Superfund Amendments and Reauthoriza14 tion Act of 1986, and for construction, alteration, repair, 

15 rehabilitation, and renovation of facilities, not to exceed 

16 $85,000 per project, $72,493,000, to remain available 

17 until expended. 

18 OIL SPILL RESPONSE

19 For expenses necessary to carry out the Environ20 mental Protection Agency’s responsibilities under the Oil 

21 Pollution Act of 1990, $17,487,000, to be derived from 

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

23 expended. 
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1 STATE AND TRIBAL ASSISTANCE GRANTS

2 (INCLUDING TRANSFER AND RESCISSION OF FUNDS)

3 For environmental programs and infrastructure as4 sistance, including capitalization grants for State revolv5 ing funds and performance partnership grants, 

6 $3,181,853,000, to remain available until expended, of 

7 which $887,000,000 shall be for making capitalization 

8 grants for the Clean Water State Revolving Funds under 

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

10 amended (the ‘‘Act’’); $842,167,000 shall be for capital11 ization grants for the Drinking Water State Revolving 

12 Funds under section 1452 of the Safe Drinking Water 

13 Act, as amended; $10,000,000 shall be for architectural, 

14 engineering, planning, design, construction and related ac15 tivities in connection with the construction of high priority 

16 water and wastewater facilities in the area of the United 

17 States-Mexico Border, after consultation with the appro18 priate border commission; $30,000,000 shall be for grants 

19 to the State of Alaska to address drinking water and waste 

20 infrastructure needs of rural and Alaska Native Villages: 

21 Provided, That, of these funds: (1) the State of Alaska 

22 shall provide a match of 25 percent; (2) no more than 

23 5 percent of the funds may be used for administrative and 

24 overhead expenses; and (3) not later than October 1, 2005 

25 the State of Alaska shall make awards consistent with the 
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1 State-wide priority list established in 2004 for all water, 

2 sewer, waste disposal, and similar projects carried out by 

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

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

5 or the Consolidated Farm and Rural Development Act (7 

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

7 percent of the funds provided for projects in regional hub 

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

9 project grants for the construction of drinking water, 

10 wastewater and storm water infrastructure and for water 

11 quality protection in accordance with the terms and condi12 tions specified for such grants in the joint explanatory 

13 statement of the managers accompanying this Act, and, 

14 for purposes of these grants, each grantee shall contribute 

15 not less than 45 percent of the cost of the project unless 

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

17 $89,258,000 shall be to carry out section 104(k) of the 

18 Comprehensive Environmental Response, Compensation, 

19 and Liability Act of 1980 (CERCLA), as amended, includ20 ing grants, interagency agreements, and associated pro21 gram support costs; $50,000,000 for grants under title 

22 VII, subtitle G of the Energy Policy Act of 2005, as 

23 amended; $15,000,000 shall be for grants for cost-effec24 tive emissions reduction projects in accordance with the 

25 terms and conditions specified for such grants in the state-
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1 ment of the managers accompanying this Act; and 

2 $1,118,428,000 shall be for grants, including associated 

3 program support costs, to States, federally recognized 

4 tribes, interstate agencies, tribal consortia, and air pollu5 tion control agencies for multi-media or single media pol6 lution prevention, control and abatement and related ac7 tivities, including activities pursuant to the provisions set 

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

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

10 particulate matter monitoring and data collection activi11 ties subject to terms and conditions specified by the Ad12 ministrator, of which $49,495,000 shall be for carrying 

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

14 shall be for Environmental Information Exchange Net15 work grants, including associated program support costs, 

16 $18,500,000 of the funds available for grants under sec17 tion 106 of the Act shall be for water quality monitoring 

18 activities that meet EPA standards for statistically rep19 resentative monitoring programs, $22,500,000 to make 

20 grants to States under section 2007(f)(2) of the Solid 

21 Waste Disposal Act, as amended, and to federally recog22 nized tribes under Public Law 105–276, and to provide 

23 financial assistance to States and federally-recognized 

24 tribes for the purposes authorized by title XV, subtitle B 

25 of the Energy Policy Act of 2005, with the exception of 
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1 leaking underground storage tank cleanup activities that 

2 are authorized by section 205 of Superfund Amendments 

3 and Reauthorization Act of 1986; $12,000,000 shall be 

4 for targeted environmental remediation project grants, of 

5 which $8,000,000 shall be provided for remedial activities 

6 at Hunter’s Point Naval Shipyard, and of which 

7 $4,000,000 shall be transferred to the State of Oklahoma 

8 for remediation and relocation efforts in the Tar Creek 

9 and Spring River watersheds in Oklahoma: Provided fur10 ther, That the funds provided for Tar Creek project shall 

11 be transferred for the Oklahoma Department of Environ12 mental Quality for ongoing relocation assistance as admin13 istered by the Lead Impacted Communities Relocation As14 sistance Trust and as conducted consistent with the use 

15 of prior unexpended funding in accordance with section 

16 3201 of Public Law 109–234 (120 Stat. 455–466): Pro17 vided further, That notwithstanding section 603(d)(7) of 

18 the Federal Water Pollution Control Act, the limitation 

19 on the amounts in a State water pollution control revolv20 ing fund that may be used by a State to administer the 

21 fund shall not apply to amounts included as principal in 

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

23 years where such amounts represent costs of admin24 istering the fund to the extent that such amounts are or 

25 were deemed reasonable by the Administrator, accounted 
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1 for separately from other assets in the fund, and used for 

2 eligible purposes of the fund, including administration: 

3 Provided further, That for fiscal year 2008, and notwith4 standing section 518(f) of the Act, the Administrator is 

5 authorized to use the amounts appropriated for any fiscal 

6 year under section 319 of that Act to make grants to fed7 erally recognized Indian tribes pursuant to sections 319(h) 

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

9 year 2008, notwithstanding the limitation on amounts in 

section 518(c) of the Act, up to a total of 11 10 ⁄2 percent 

11 of the funds appropriated for State Revolving Funds 

12 under title VI of that Act may be reserved by the Adminis13 trator for grants under section 518(c) of that Act: Pro14 vided further, That no funds provided by this Act to ad15 dress the water, wastewater and other critical infrastruc16 ture needs of the colonias in the United States along the 

17 United States-Mexico border shall be made available to a 

18 county or municipal government unless that government 

19 has established an enforceable local ordinance, or other 

20 zoning rule, which prevents in that jurisdiction the devel21 opment or construction of any additional colonia areas, or 

22 the development within an existing colonia the construc23 tion of any new home, business, or other structure which 

24 lacks water, wastewater, or other necessary infrastructure: 

25 Provided further, That from unobligated balances to carry 
71 

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1 out projects and activities authorized in section 206(a) of 

2 the Act, $5,000,000 are hereby cancelled. 

3 ADMINISTRATIVE PROVISIONS

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

5 6303(1) and 6305(1), the Administrator of the Environ6 mental Protection Agency, in carrying out the Agency’s 

7 function to implement directly Federal environmental pro8 grams required or authorized by law in the absence of an 

9 acceptable tribal program, may award cooperative agree10 ments to federally-recognized Indian Tribes or Intertribal 

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

12 the Administrator in implementing Federal environmental 

13 programs for Indian Tribes required or authorized by law, 

14 except that no such cooperative agreements may be award15 ed from funds designated for State financial assistance 

16 agreements. 

17 The Administrator of the Environmental Protection 

18 Agency is authorized to collect and obligate pesticide reg19 istration service fees in accordance with section 33 of the 

20 Federal Insecticide, Fungicide, and Rodenticide Act (as 

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

22 Improvement Act of 2003), as amended. 

23 Of the funds provided in the Environmental Pro24 grams and Management Account, not less than 

25 $2,000,000 shall be provided for activities to develop and 
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1 publish a draft rule no later than April 30, 2008 and a 

2 final rule no later than December 31, 2008 to require 

3 mandatory reporting of greenhouse gas emissions above 

4 appropriate thresholds in all sectors of the economy of the 

5 United States. 

6 None of the funds provided in the Act may be used, 

7 directly or through grant, to pay or to provide reimburse8 ment for payment of the salary of a consultant (whether 

9 retained by the Federal government or a grantee) at more 

10 than the daily rate paid for Level IV of the Executive 

11 Schedule, unless specifically authorized by law. 

12 Notwithstanding any other provision of law, all 

13 grants issued under title VII, subtitle G of the Energy 

14 Policy Act of 2005, as amended, will be given only to eligi15 ble entities for projects in areas not in attainment of the 

16 National Ambient Air Quality Standards for a criteria air 

17 pollutant. 

18 None of the funds made available by this Act may 

19 be used in contravention of, or to delay the implementa20 tion of, Executive Order No. 12898 of February 11, 1994 

21 (59 Fed. Reg. 7629; relating to Federal actions to address 

22 environmental justice in minority populations and low-in23 come populations). 
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1 TITLE III 

2 RELATED AGENCIES 

3 DEPARTMENT OF AGRICULTURE 

4 FOREST SERVICE

5 FOREST AND RANGELAND RESEARCH

6 For necessary expenses of forest and rangeland re7 search as authorized by law, $291,807,000, to remain 

8 available until expended: Provided, That of the funds pro9 vided, $62,329,000 is for the forest inventory and analysis 

10 program. 

11 STATE AND PRIVATE FORESTRY

12 For necessary expenses of cooperating with and pro13 viding technical and financial assistance to States, terri14 tories, possessions, and others, and for forest health man15 agement, including treatments of pests, pathogens, and 

16 invasive or noxious plants and for restoring and rehabili17 tating forests damaged by pests or invasive plants, cooper18 ative forestry, and education and land conservation activi19 ties and conducting an international program, 

20 $272,542,000, to remain available until expended, as au21 thorized by law of which $48,095,000 is to be derived from 

22 the Land and Water Conservation Fund: Provided, That 

23 none of the funds provided under this heading for the ac24 quisition of lands or interests in lands shall be available 

25 until the Forest Service notifies the House Committee on 

26 Appropriations and the Senate Committee on Appropria-
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1 tions, in writing, of specific contractual and grant details 

2 including the non-Federal cost share. 

3 NATIONAL FOREST SYSTEM

4 (INCLUDING TRANSFERS OF FUNDS)

5 For necessary expenses of the Forest Service, not 

6 otherwise provided for, for management, protection, im7 provement, and utilization of the National Forest System, 

8 $1,500,234,000, to remain available until expended, which 

9 shall include 50 percent of all moneys received during 

10 prior fiscal years as fees collected under the Land and 

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

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

13 6a(i)): Provided, That unobligated balances under this 

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

15 displayed by budget line item in the fiscal year 2009 budg16 et justification: Provided further, That of the funds pro17 vided under this heading for Forest Products, $4,000,000 

18 shall be allocated to the Alaska Region, in addition to its 

19 normal allocation for the purposes of preparing additional 

20 timber for sale, to establish a 3-year timber supply and 

21 such funds may be transferred to other appropriations ac22 counts as necessary to maximize accomplishment. 

23 WILDLAND FIRE MANAGEMENT

24 (INCLUDING TRANSFERS OF FUNDS)

25 For necessary expenses for forest fire presuppression 

26 activities on National Forest System lands, for emergency 
75 

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1 fire suppression on or adjacent to such lands or other 

2 lands under fire protection agreement, hazardous fuels re3 duction on or adjacent to such lands, and for emergency 

4 rehabilitation of burned-over National Forest System 

5 lands and water, $1,982,482,000, to remain available until 

6 expended: Provided, That such funds including unobli7 gated balances under this heading, are available for repay8 ment of advances from other appropriations accounts pre9 viously transferred for such purposes: Provided further, 

10 That such funds shall be available to reimburse State and 

11 other cooperating entities for services provided in response 

12 to wildfire and other emergencies or disasters to the extent 

13 such reimbursements by the Forest Service for non-fire 

14 emergencies are fully repaid by the responsible emergency 

15 management agency: Provided further, That not less than 

16 50 percent of any unobligated balances remaining (exclu17 sive of amounts for hazardous fuels reduction) at the end 

18 of fiscal year 2008 shall be transferred to the fund estab19 lished pursuant to section 3 of Public Law 71–319 (16 

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

21 unpaid past advances: Provided further, That, notwith22 standing any other provision of law, $8,000,000 of funds 

23 appropriated under this appropriation shall be used for 

24 Fire Science Research in support of the Joint Fire Science 

25 Program: Provided further, That all authorities for the use 
76 

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1 of funds, including the use of contracts, grants, and coop2 erative agreements, available to execute the Forest and 

3 Rangeland Research appropriation, are also available in 

4 the utilization of these funds for Fire Science Research: 

5 Provided further, That funds provided shall be available 

6 for emergency rehabilitation and restoration, hazardous 

7 fuels reduction activities in the urban-wildland interface, 

8 support to Federal emergency response, and wildfire sup9 pression activities of the Forest Service: Provided further, 

10 That of the funds provided, $325,000,000 is for hazardous 

11 fuels reduction activities, $6,189,000 is for rehabilitation 

12 and restoration, $24,542,000 is for research activities and 

13 to make competitive research grants pursuant to the For14 est and Rangeland Renewable Resources Research Act, as 

15 amended (16 U.S.C. 1641 et seq.), $50,227,000 is for 

16 State fire assistance, $8,000,000 is for volunteer fire as17 sistance, $15,119,000 is for forest health activities on 

18 Federal lands and $10,014,000 is for forest health activi19 ties on State and private lands: Provided further, That 

20 amounts in this paragraph may be transferred to the 

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

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

23 State fire assistance, volunteer fire assistance, forest 

24 health management, forest and rangeland research, the 

25 Joint Fire Science Program, vegetation and watershed 
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1 management, heritage site rehabilitation, and wildlife and 

2 fish habitat management and restoration: Provided fur3 ther, That transfers of any amounts in excess of those au4 thorized in this paragraph, shall require approval of the 

5 House and Senate Committees on Appropriations in com6 pliance with reprogramming procedures contained in the 

7 report accompanying this Act: Provided further, That 

8 funds provided under this heading for hazardous fuels 

9 treatments may be transferred to and made a part of the 

10 ‘‘National Forest System’’ account at the sole discretion 

11 of the Chief of the Forest Service thirty days after noti12 fying the House and the Senate Committees on Appropria13 tions: Provided further, That the costs of implementing 

14 any cooperative agreement between the Federal Govern15 ment and any non-Federal entity may be shared, as mutu16 ally agreed on by the affected parties: Provided further, 

17 That in addition to funds provided for State Fire Assist18 ance programs, and subject to all authorities available to 

19 the Forest Service under the State and Private Forestry 

20 Appropriation, up to $15,000,000 may be used on adja21 cent non-Federal lands for the purpose of protecting com22 munities when hazard reduction activities are planned on 

23 national forest lands that have the potential to place such 

24 communities at risk: Provided further, That included in 

25 funding for hazardous fuel reduction is $5,000,000 for im-
78 

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1 plementing the Community Forest Restoration Act, Public 

2 Law 106–393, title VI, and any portion of such funds 

3 shall be available for use on non-Federal lands in accord4 ance with authorities available to the Forest Service under 

5 the State and Private Forestry appropriation: Provided 

6 further, That the Secretary of the Interior and the Sec7 retary of Agriculture may authorize the transfer of funds 

8 appropriated for wildland fire management, in an aggre9 gate amount not to exceed $10,000,000, between the De10 partments when such transfers would facilitate and expe11 dite jointly funded wildland fire management programs 

12 and projects: Provided further, That of the funds provided 

13 for hazardous fuels reduction, not to exceed $5,000,000, 

14 may be used to make grants, using any authorities avail15 able to the Forest Service under the State and Private 

16 Forestry appropriation, for the purpose of creating incen17 tives for increased use of biomass from national forest 

18 lands. 

19 CAPITAL IMPROVEMENT AND MAINTENANCE

20 For necessary expenses of the Forest Service, not 

21 otherwise provided for, $444,090,000, to remain available 

22 until expended for construction, reconstruction, mainte23 nance, and acquisition of buildings and other facilities, 

24 and for construction, reconstruction, repair, decommis25 sioning, and maintenance of forest roads and trails by the 

26 Forest Service as authorized by 16 U.S.C. 532–538 and 
79 

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1 23 U.S.C. 101 and 205: Provided, That up to $15,000,000 

2 of the funds provided herein for road maintenance shall 

3 be available for the decommissioning of roads, including 

4 unauthorized roads not part of the transportation system, 

5 which are no longer needed: Provided further, That no 

6 funds shall be expended to decommission any system road 

7 until notice and an opportunity for public comment has 

8 been provided on each decommissioning project: Provided 

9 further, That notwithstanding any provision of law, the 

10 Forest Service shall provide $1,197,000 appropriated in 

11 Public Law 110–5 within the Capital Improvement and 

12 Maintenance appropriation in an advance direct lump sum 

13 payment to West Virginia University for the planning and 

14 construction of a research greenhouse facility as the Fed15 eral share in the construction of the new facility. 

16 LAND ACQUISITION

17 For expenses necessary to carry out the provisions 

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

19 as amended (16 U.S.C. 460l–4 through 11), including ad20 ministrative expenses, and for acquisition of land or wa21 ters, or interest therein, in accordance with statutory au22 thority applicable to the Forest Service, $48,245,000, to 

23 be derived from the Land and Water Conservation Fund 

24 and to remain available until expended. 
80 

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1 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

2 ACTS

3 For acquisition of lands within the exterior bound4 aries of the Cache, Uinta, and Wasatch National Forests, 

5 Utah; the Toiyabe National Forest, Nevada; and the An6 geles, San Bernardino, Sequoia, and Cleveland National 

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

8 be derived from forest receipts. 

9 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

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

11 from funds deposited by State, county, or municipal gov12 ernments, public school districts, or other public school au13 thorities, and for authorized expenditures from funds de14 posited by non-Federal parties pursuant to Land Sale and 

15 Exchange Acts (16 U.S.C. 4601–516–617a, 555a; Public 

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

17 pursuant to the Act of December 4, 1967, as amended 

18 (16 U.S.C. 484a), to remain available until expended. 

19 RANGE BETTERMENT FUND

20 For necessary expenses of range rehabilitation, pro21 tection, and improvement, 50 percent of all moneys re22 ceived during the prior fiscal year, as fees for grazing do23 mestic livestock on lands in National Forests in the 16 

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

25 Law 94–579, as amended, to remain available until ex26 pended, of which not to exceed 6 percent shall be available 
81 

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1 for administrative expenses associated with on-the-ground 

2 range rehabilitation, protection, and improvements. 

3 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

4 RANGELAND RESEARCH

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

6 $56,000, to remain available until expended, to be derived 

7 from the fund established pursuant to the above Act. 

8 MANAGEMENT OF NATIONAL FOREST LANDS FOR

9 SUBSISTENCE USES

10 For necessary expenses of the Forest Service to man11 age Federal lands in Alaska for subsistence uses under 

12 title VIII of the Alaska National Interest Lands Conserva13 tion Act (Public Law 96–487), $5,053,000, to remain 

14 available until expended. 

15 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

16 Appropriations to the Forest Service for the current 

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

18 motor vehicles; acquisition of passenger motor vehicles 

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

20 lease, operation, maintenance, and acquisition of aircraft 

21 from excess sources to maintain the operable fleet for use 

22 in Forest Service wildland fire programs and other Forest 

23 Service programs; notwithstanding other provisions of law, 

24 existing aircraft being replaced may be sold, with proceeds 

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

26 for the replacement aircraft; (2) services pursuant to 7 
82 

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

2 under 5 U.S.C. 3109; (3) purchase, erection, and alter3 ation of buildings and other public improvements (7 

4 U.S.C. 2250); (4) acquisition of land, waters, and inter5 ests therein pursuant to 7 U.S.C. 428a; (5) for expenses 

6 pursuant to the Volunteers in the National Forest Act of 

7 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost 

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

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

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

11 None of the funds made available under this Act shall 

12 be obligated or expended to abolish any region, to move 

13 or close any regional office for National Forest System 

14 administration of the Forest Service, Department of Agri15 culture without the consent of the House and Senate Com16 mittees on Appropriations. 

17 Any appropriations or funds available to the Forest 

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

21 under its jurisdiction, and fire preparedness due to severe 

22 burning conditions upon notification of the House and 

23 Senate Committees on Appropriations and if and only if 

24 all previously appropriated emergency contingent funds 

25 under the heading ‘‘Wildland Fire Management’’ have 
83 

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1 been released by the President and apportioned and all 

2 wildfire suppression funds under the heading ‘‘Wildland 

3 Fire Management’’ are obligated. 

4 Funds appropriated to the Forest Service shall be 

5 available for assistance to or through the Agency for Inter6 national Development and the Foreign Agricultural Serv7 ice in connection with forest and rangeland research, tech8 nical information, and assistance in foreign countries, and 

9 shall be available to support forestry and related natural 

10 resource activities outside the United States and its terri11 tories and possessions, including technical assistance, edu12 cation and training, and cooperation with United States 

13 and international organizations. 

14 None of the funds made available to the Forest Serv15 ice under this Act shall be subject to transfer under the 

16 provisions of section 702(b) of the Department of Agri17 culture Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 

18 147b. 

19 None of the funds available to the Forest Service may 

20 be reprogrammed without the advance approval of the 

21 House and Senate Committees on Appropriations in ac22 cordance with the reprogramming procedures contained in 

23 the report accompanying this Act. 

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

25 Forest Service shall be transferred to the Working Capital 
84 

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1 Fund of the Department of Agriculture. Nothing in this 

2 paragraph shall prohibit or limit the use of reimbursable 

3 agreements requested by the Forest Service in order to 

4 obtain services from the Department of Agriculture’s Na5 tional Information Technology Center. 

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

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

8 reception and representation expenses. 

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

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

11 up to $2,500,000 may be advanced in a lump sum to the 

12 National Forest Foundation to aid conservation partner13 ship projects in support of the Forest Service mission, 

14 without regard to when the Foundation incurs expenses, 

15 for projects on or benefitting National Forest System 

16 lands or related to Forest Service programs: Provided, 

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

18 of Federal financial assistance, private contributions to 

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

20 by the Forest Service: Provided further, That the Founda21 tion may transfer Federal funds to a non-Federal recipient 

22 for a project at the same rate that the recipient has ob23 tained the non-Federal matching funds: Provided further, 

24 That authorized investments of Federal funds held by the 

25 Foundation may be made only in interest-bearing obliga-
85 

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1 tions of the United States or in obligations guaranteed as 

2 to both principal and interest by the United States. 

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

4 $2,650,000 of the funds available to the Forest Service 

5 shall be advanced to the National Fish and Wildlife Foun6 dation in a lump sum to aid cost-share conservation 

7 projects, without regard to when expenses are incurred, 

8 on or benefitting National Forest System lands or related 

9 to Forest Service programs: Provided, That such funds 

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

11 Foundation or its subrecipients. 

12 Funds appropriated to the Forest Service shall be 

13 available for payments to counties within the Columbia 

14 River Gorge National Scenic Area, pursuant to sections 

15 14(c)(1) and (2), and section 16(a)(2) of Public Law 99– 

16 663. 

17 Funds appropriated to the Forest Service shall be 

18 available for interactions with and providing technical as19 sistance to rural communities and natural resource-based 

20 businesses for sustainable rural development purposes. 

21 Notwithstanding any other provision of law, any ap22 propriations or funds available to the Forest Service not 

23 to exceed $500,000 may be used to reimburse the Office 

24 of the General Counsel (OGC), Department of Agri25 culture, for travel and related expenses incurred as a re-
86 

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1 sult of OGC assistance or participation requested by the 

2 Forest Service at meetings, training sessions, management 

3 reviews, land purchase negotiations and similar non-litiga4 tion related matters. Future budget justifications for both 

5 the Forest Service and the Department of Agriculture 

6 should clearly display the sums previously transferred and 

7 the requested funding transfers. 

8 Any appropriations or funds available to the Forest 

9 Service may be used for necessary expenses in the event 

10 of law enforcement emergencies as necessary to protect 

11 natural resources and public or employee safety: Provided, 

12 That such amounts shall not exceed $500,000. 

13 An eligible individual who is employed in any project 

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

15 (42 U.S.C. 3056 et seq.) and administered by the Forest 

16 Service shall be considered to be a Federal employee for 

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

18 Any funds appropriated to the Forest Service may 

19 be used to meet the non-Federal share requirement in sec20 tion 502(c) of the Older American Act of 1965 (42 U.S.C. 

21 3056(c)(2)). 

22 Funds available to the Forest Service, not to exceed 

23 $45,000,000, shall be assessed for the purpose of per24 forming facilities maintenance. Such assessments shall 

25 occur using a square foot rate charged on the same basis 
87 

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

2 utilities, and other support services. 

3 Funds available to the Forest Service shall be avail4 able to conduct a program of up to $4,500,000 for priority 

5 projects within the scope of the approved budget, of which 

6 $2,500,000 shall be carried out by the Youth Conservation 

7 Corps and $2,000,000 shall be carried out under the au8 thority of the Public Lands Corps Healthy Forests Res9 toration Act of 2005, Public Law 109–154. 

10 DEPARTMENT OF HEALTH AND HUMAN 

11 SERVICES 

12 INDIAN HEALTH SERVICE

13 INDIAN HEALTH SERVICES

14 For expenses necessary to carry out the Act of Au15 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina16 tion Act, the Indian Health Care Improvement Act, and 

17 titles II and III of the Public Health Service Act with re18 spect to the Indian Health Service, $2,991,924,000, to19 gether with payments received during the fiscal year pur20 suant to 42 U.S.C. 238(b) for services furnished by the 

21 Indian Health Service: Provided, That funds made avail22 able to tribes and tribal organizations through contracts, 

23 grant agreements, or any other agreements or compacts 

24 authorized by the Indian Self-Determination and Edu25 cation Assistance Act of 1975 (25 U.S.C. 450), shall be 
88 

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1 deemed to be obligated at the time of the grant or contract 

2 award and thereafter shall remain available to the tribe 

3 or tribal organization without fiscal year limitation: Pro4 vided further, That $579,515,000 for contract medical 

5 care, including $28,000,000 for the Indian Catastrophic 

6 Health Emergency Fund, shall remain available until ex7 pended: Provided further, That no less than $35,094,000 

8 is provided for maintaining operations of the urban Indian 

9 health program: Provided further, That of the funds pro10 vided, up to $27,000,000 shall remain available until ex11 pended for implementation of the loan repayment program 

12 under section 108 of the Indian Health Care Improvement 

13 Act: Provided further, That funds provided in this Act may 

14 be used for one-year contracts and grants which are to 

15 be performed in two fiscal years, so long as the total obli16 gation is recorded in the year for which the funds are ap17 propriated: Provided further, That the amounts collected 

18 by the Secretary of Health and Human Services under the 

19 authority of title IV of the Indian Health Care Improve20 ment Act shall remain available until expended for the 

21 purpose of achieving compliance with the applicable condi22 tions and requirements of titles XVIII and XIX of the So23 cial Security Act (exclusive of planning, design, or con24 struction of new facilities): Provided further, That funding 

25 contained herein, and in any earlier appropriations Acts 
89 

S 1696 PCS 

1 for scholarship programs under the Indian Health Care 

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

3 until expended: Provided further, That amounts received 

4 by tribes and tribal organizations under title IV of the In5 dian Health Care Improvement Act shall be reported and 

6 accounted for and available to the receiving tribes and 

7 tribal organizations until expended: Provided further, 

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

9 amounts provided herein, not to exceed $271,636,000 

10 shall be for payments to tribes and tribal organizations 

11 for contract or grant support costs associated with con12 tracts, grants, self-governance compacts or annual funding 

13 agreements between the Indian Health Service and a tribe 

14 or tribal organization pursuant to the Indian Self-Deter15 mination Act of 1975, as amended, prior to or during fis16 cal year 2008, of which not to exceed $5,000,000 may be 

17 used for contract support costs associated with new or ex18 panded self-determination contracts, grants, self-govern19 ance compacts or annual funding agreements: Provided 

20 further, That the Bureau of Indian Affairs may collect 

21 from the Indian Health Service and tribes and tribal orga22 nizations operating health facilities pursuant to Public 

23 Law 93–638 such individually identifiable health informa24 tion relating to disabled children as may be necessary for 

25 the purpose of carrying out its functions under the Indi-
90 

S 1696 PCS 

1 viduals with Disabilities Education Act (20 U.S.C. 1400, 

2 et seq.): Provided further, That funds available for the In3 dian Health Care Improvement Fund may be used, as 

4 needed, to carry out activities typically funded under the 

5 Indian Health Facilities account. 

6 INDIAN HEALTH FACILITIES

7 For construction, repair, maintenance, improvement, 

8 and equipment of health and related auxiliary facilities, 

9 including quarters for personnel; preparation of plans, 

10 specifications, and drawings; acquisition of sites, purchase 

11 and erection of modular buildings, and purchases of trail12 ers; and for provision of domestic and community sanita13 tion facilities for Indians, as authorized by section 7 of 

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

15 Self-Determination Act, and the Indian Health Care Im16 provement Act, and for expenses necessary to carry out 

17 such Acts and titles II and III of the Public Health Serv18 ice Act with respect to environmental health and facilities 

19 support activities of the Indian Health Service, 

20 $375,475,000, to remain available until expended: Pro21 vided, That notwithstanding any other provision of law, 

22 funds appropriated for the planning, design, construction 

23 or renovation of health facilities for the benefit of an In24 dian tribe or tribes may be used to purchase land for sites 

25 to construct, improve, or enlarge health or related facili26 ties: Provided further, That not to exceed $500,000 shall 
91 

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1 be used by the Indian Health Service to purchase 

2 TRANSAM equipment from the Department of Defense 

3 for distribution to the Indian Health Service and tribal 

4 facilities: Provided further, That none of the funds appro5 priated to the Indian Health Service may be used for sani6 tation facilities construction for new homes funded with 

7 grants by the housing programs of the United States De8 partment of Housing and Urban Development: Provided 

9 further, That not to exceed $1,000,000 from this account 

10 and the ‘‘Indian Health Services’’ account shall be used 

11 by the Indian Health Service to obtain ambulances for the 

12 Indian Health Service and tribal facilities in conjunction 

13 with an existing interagency agreement between the In14 dian Health Service and the General Services Administra15 tion: Provided further, That not to exceed $500,000 shall 

16 be placed in a Demolition Fund, available until expended, 

17 to be used by the Indian Health Service for demolition 

18 of Federal buildings. 

19 ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

20 Appropriations in this Act to the Indian Health Serv21 ice shall be available for services as authorized by 5 U.S.C. 

22 3109 but at rates not to exceed the per diem rate equiva23 lent to the maximum rate payable for senior-level positions 

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

25 aircraft; purchase of medical equipment; purchase of re26 prints; purchase, renovation and erection of modular 
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1 buildings and renovation of existing facilities; payments 

2 for telephone service in private residences in the field, 

3 when authorized under regulations approved by the Sec4 retary; and for uniforms or allowances therefor as author5 ized by 5 U.S.C. 5901–5902; and for expenses of attend6 ance at meetings which are concerned with the functions 

7 or activities for which the appropriation is made or which 

8 will contribute to improved conduct, supervision, or man9 agement of those functions or activities. 

10 In accordance with the provisions of the Indian 

11 Health Care Improvement Act, non-Indian patients may 

12 be extended health care at all tribally administered or In13 dian Health Service facilities, subject to charges, and the 

14 proceeds along with funds recovered under the Federal 

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

16 be credited to the account of the facility providing the 

17 service and shall be available without fiscal year limitation. 

18 Notwithstanding any other law or regulation, funds trans19 ferred from the Department of Housing and Urban Devel20 opment to the Indian Health Service shall be administered 

21 under Public Law 86–121 (the Indian Sanitation Facili22 ties Act) and Public Law 93–638, as amended. 

23 Funds appropriated to the Indian Health Service in 

24 this Act, except those used for administrative and program 
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1 direction purposes, shall not be subject to limitations di2 rected at curtailing Federal travel and transportation. 

3 None of the funds made available to the Indian 

4 Health Service in this Act shall be used for any assess5 ments or charges by the Department of Health and 

6 Human Services unless identified in the budget justifica7 tion and provided in this Act, or approved by the House 

8 and Senate Committees on Appropriations through the re9 programming process. 

10 Notwithstanding any other provision of law, funds 

11 previously or herein made available to a tribe or tribal or12 ganization through a contract, grant, or agreement au13 thorized by title I or title V of the Indian Self-Determina14 tion and Education Assistance Act of 1975 (25 U.S.C. 

15 450), may be deobligated and reobligated to a self-deter16 mination contract under title I, or a self-governance agree17 ment under title V of such Act and thereafter shall remain 

18 available to the tribe or tribal organization without fiscal 

19 year limitation. 

20 None of the funds made available to the Indian 

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

22 final rule published in the Federal Register on September 

23 16, 1987, by the Department of Health and Human Serv24 ices, relating to the eligibility for the health care services 

25 of the Indian Health Service until the Indian Health Serv-
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1 ice has submitted a budget request reflecting the increased 

2 costs associated with the proposed final rule, and such re3 quest has been included in an appropriations Act and en4 acted into law. 

5 With respect to functions transferred by the Indian 

6 Health Service to tribes or tribal organizations, the Indian 

7 Health Service is authorized to provide goods and services 

8 to those entities, on a reimbursable basis, including pay9 ment in advance with subsequent adjustment. The reim10 bursements received therefrom, along with the funds re11 ceived from those entities pursuant to the Indian Self-De12 termination Act, may be credited to the same or subse13 quent appropriation account that provided the funding, 

14 with such amounts to remain available until expended. 

15 Reimbursements for training, technical assistance, or 

16 services provided by the Indian Health Service will contain 

17 total costs, including direct, administrative, and overhead 

18 associated with the provision of goods, services, or tech19 nical assistance. 

20 The appropriation structure for the Indian Health 

21 Service may not be altered without prior consultation with 

22 the House and Senate Committees on Appropriations. 
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1 NATIONAL INSTITUTES OF HEALTH

2 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

3 SCIENCES

4 For necessary expenses for the National Institute of 

5 Environmental Health Sciences in carrying out activities 

6 set forth in section 311(a) of the Comprehensive Environ7 mental Response, Compensation, and Liability Act of 

8 1980, as amended, and section 126(g) of the Superfund 

9 Amendments and Reauthorization Act of 1986, 

10 $78,434,000. 

11 AGENCY FOR TOXIC SUBSTANCES AND DISEASE

12 REGISTRY

13 TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC

14 HEALTH

15 For necessary expenses for the Agency for Toxic Sub16 stances and Disease Registry (ATSDR) in carrying out 

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

18 111(c)(14) of the Comprehensive Environmental Re19 sponse, Compensation, and Liability Act of 1980 

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

21 Amendments and Reauthorization Act of 1986, as amend22 ed; and section 3019 of the Solid Waste Disposal Act, as 

23 amended, $75,004,000, of which up to $1,500,000, to re24 main available until expended, is for Individual Learning 

25 Accounts for full-time equivalent employees of the Agency 
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1 for Toxic Substances and Disease Registry: Provided, 

2 That notwithstanding any other provision of law, in lieu 

3 of performing a health assessment under section 104(i)(6) 

4 of CERCLA, the Administrator of ATSDR may conduct 

5 other appropriate health studies, evaluations, or activities, 

6 including, without limitation, biomedical testing, clinical 

7 evaluations, medical monitoring, and referral to accredited 

8 health care providers: Provided further, That in per9 forming any such health assessment or health study, eval10 uation, or activity, the Administrator of ATSDR shall not 

11 be bound by the deadlines in section 104(i)(6)(A) of 

12 CERCLA: Provided further, That none of the funds appro13 priated under this heading shall be available for ATSDR 

14 to issue in excess of 40 toxicological profiles pursuant to 

15 section 104(i) of CERCLA during fiscal year 2008, and 

16 existing profiles may be updated as necessary. 

17 OTHER RELATED AGENCIES 

18 EXECUTIVE OFFICE OF THE PRESIDENT

19 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

20 ENVIRONMENTAL QUALITY

21 For necessary expenses to continue functions as22 signed to the Council on Environmental Quality and Office 

23 of Environmental Quality pursuant to the National Envi24 ronmental Policy Act of 1969, the Environmental Quality 

25 Improvement Act of 1970, and Reorganization Plan No. 
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1 1 of 1977, and not to exceed $750 for official reception 

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

3 notwithstanding section 202 of the National Environ4 mental Policy Act of 1970, the Council shall consist of 

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

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

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

8 CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

9 SALARIES AND EXPENSES

10 For necessary expenses in carrying out activities pur11 suant to section 112(r)(6) of the Clean Air Act, as amend12 ed, including hire of passenger vehicles, uniforms or allow13 ances therefor, as authorized by 5 U.S.C. 5901–5902, and 

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

15 individuals not to exceed the per diem equivalent to the 

16 maximum rate payable for senior level positions under 5 

17 U.S.C. 5376, $9,049,000: Provided, That the Chemical 

18 Safety and Hazard Investigation Board (Board) shall have 

19 not more than three career Senior Executive Service posi20 tions. 

21 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

22 SALARIES AND EXPENSES

23 For necessary expenses of the Office of Navajo and 

24 Hopi Indian Relocation as authorized by Public Law 93– 

25 531, $9,000,000, to remain available until expended: Pro-
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1 vided, That funds provided in this or any other appropria2 tions Act are to be used to relocate eligible individuals and 

3 groups including evictees from District 6, Hopi-partitioned 

4 lands residents, those in significantly substandard hous5 ing, and all others certified as eligible and not included 

6 in the preceding categories: Provided further, That none 

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

8 used by the Office of Navajo and Hopi Indian Relocation 

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

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

11 partitioned to the Hopi Tribe unless a new or replacement 

12 home is provided for such household: Provided further, 

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

14 or replacement home: Provided further, That the Office 

15 shall relocate any certified eligible relocatees who have se16 lected and received an approved homesite on the Navajo 

17 reservation or selected a replacement residence off the 

18 Navajo reservation or on the land acquired pursuant to 

19 25 U.S.C. 640d–10. 

20 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

21 CULTURE AND ARTS DEVELOPMENT

22 PAYMENT TO THE INSTITUTE

23 For payment to the Institute of American Indian and 

24 Alaska Native Culture and Arts Development, as author-
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1 ized by title XV of Public Law 99–498, as amended (20 

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

3 SMITHSONIAN INSTITUTION

4 SALARIES AND EXPENSES

5 For necessary expenses of the Smithsonian Institu6 tion, as authorized by law, including research in the fields 

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

8 documentation of the National Collections; presentation of 

9 public exhibits and performances; collection, preparation, 

10 dissemination, and exchange of information and publica11 tions; conduct of education, training, and museum assist12 ance programs; maintenance, alteration, operation, lease 

13 (for terms not to exceed 30 years), and protection of build14 ings, facilities, and approaches; not to exceed $100,000 

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

16 replacement passenger vehicles; purchase, rental, repair, 

17 and cleaning of uniforms for employees, $571,705,000, of 

18 which not to exceed $19,968,000 for the instrumentation 

19 program, collections acquisition, exhibition reinstallation, 

20 the National Museum of African American History and 

21 Culture, and the repatriation of skeletal remains program 

22 shall remain available until expended; and of which 

23 $1,578,000 for fellowships and scholarly awards shall re24 main available until September 30, 2009; and including 

25 such funds as may be necessary to support American over-
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1 seas research centers and a total of $125,000 for the 

2 Council of American Overseas Research Centers: Provided, 

3 That funds appropriated herein are available for advance 

4 payments to independent contractors performing research 

5 services or participating in official Smithsonian presen6 tations. 

7 FACILITIES CAPITAL

8 For necessary expenses of repair, revitalization, and 

9 alteration of facilities owned or occupied by the Smithso10 nian Institution, by contract or otherwise, as authorized 

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

12 and for construction, including necessary personnel, 

13 $125,000,000, to remain available until expended, of 

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

15 by 5 U.S.C. 3109: Provided, That contracts awarded for 

16 environmental systems, protection systems, and repair or 

17 restoration of facilities of the Smithsonian Institution may 

18 be negotiated with selected contractors and awarded on 

19 the basis of contractor qualifications as well as price. 

20 NATIONAL GALLERY OF ART

21 SALARIES AND EXPENSES

22 For the upkeep and operations of the National Gal23 lery of Art, the protection and care of the works of art 

24 therein, and administrative expenses incident thereto, as 

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

26 as amended by the public resolution of April 13, 1939 
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1 (Public Resolution 9, Seventy-sixth Congress), including 

2 services as authorized by 5 U.S.C. 3109; payment in ad3 vance when authorized by the treasurer of the Gallery for 

4 membership in library, museum, and art associations or 

5 societies whose publications or services are available to 

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

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

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

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

10 purchase or rental of devices and services for protecting 

11 buildings and contents thereof, and maintenance, alter12 ation, improvement, and repair of buildings, approaches, 

13 and grounds; and purchase of services for restoration and 

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

15 contracts made, without advertising, with individuals, 

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

17 such terms and conditions as the Gallery may deem prop18 er, $101,718,000, of which not to exceed $3,350,000 for 

19 the special exhibition program shall remain available until 

20 expended. 

21 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

22 For necessary expenses of repair, restoration and 

23 renovation of buildings, grounds and facilities owned or 

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

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

26 until expended: Provided, That contracts awarded for envi-
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1 ronmental systems, protection systems, and exterior repair 

2 or renovation of buildings of the National Gallery of Art 

3 may be negotiated with selected contractors and awarded 

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

5 JOHN F. KENNEDY CENTER FOR THE PERFORMING

6 ARTS

7 OPERATIONS AND MAINTENANCE

8 For necessary expenses for the operation, mainte9 nance and security of the John F. Kennedy Center for 

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

11 CAPITAL REPAIR AND RESTORATION

12 For necessary expenses for capital repair and restora13 tion of the existing features of the building and site of 

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

15 $23,150,000, to remain available until expended. 

16 WOODROW WILSON INTERNATIONAL CENTER FOR

17 SCHOLARS

18 SALARIES AND EXPENSES

19 For expenses necessary in carrying out the provisions 

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

21 1356) including hire of passenger vehicles and services as 

22 authorized by 5 U.S.C. 3109, $9,718,000. 
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1 NATIONAL FOUNDATION ON THE ARTS AND THE

2 HUMANITIES

3 NATIONAL ENDOWMENT FOR THE ARTS

4 GRANTS AND ADMINISTRATION

5 For necessary expenses to carry out the National 

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

7 as amended, $133,412,000 shall be available to the Na8 tional Endowment for the Arts for the support of projects 

9 and productions in the arts, including arts education and 

10 public outreach activities, through assistance to organiza11 tions and individuals pursuant to section 5 of the Act, for 

12 program support, and for administering the functions of 

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

14 That funds appropriated herein shall be expended in ac15 cordance with sections 309 and 311 of Public Law 108– 

16 447. 

17 NATIONAL ENDOWMENT FOR THE HUMANITIES

18 GRANTS AND ADMINISTRATION

19 For necessary expenses to carry out the National 

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

21 as amended, $131,845,000, shall be available to the Na22 tional Endowment for the Humanities for support of ac23 tivities in the humanities, pursuant to section 7(c) of the 

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

25 remain available until expended. 
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1 MATCHING GRANTS

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

3 National Foundation on the Arts and the Humanities Act 

4 of 1965, as amended, $14,510,000, to remain available 

5 until expended, of which $9,479,000 shall be available to 

6 the National Endowment for the Humanities for the pur7 poses of section 7(h): Provided, That this appropriation 

8 shall be available for obligation only in such amounts as 

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

10 devises of money, and other property accepted by the 

11 chairman or by grantees of the Endowment under the pro12 visions of subsections 11(a)(2)(B) and 11(a)(3)(B) during 

13 the current and preceding fiscal years for which equal 

14 amounts have not previously been appropriated. 

15 ADMINISTRATIVE PROVISIONS

16 None of the funds appropriated to the National 

17 Foundation on the Arts and the Humanities may be used 

18 to process any grant or contract documents which do not 

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

20 of the funds appropriated to the National Foundation on 

21 the Arts and the Humanities may be used for official re22 ception and representation expenses: Provided further, 

23 That funds from nonappropriated sources may be used as 

24 necessary for official reception and representation ex25 penses: Provided further, That the Chairperson of the Na-
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1 tional Endowment for the Arts may approve grants of up 

2 to $10,000, if in the aggregate this amount does not ex3 ceed 5 percent of the sums appropriated for grant-making 

4 purposes per year: Provided further, That such small grant 

5 actions are taken pursuant to the terms of an expressed 

6 and direct delegation of authority from the National Coun7 cil on the Arts to the Chairperson: Provided further, That 

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

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

10 ‘‘National Heritage Fellowship,’’. 

11 COMMISSION OF FINE ARTS

12 SALARIES AND EXPENSES

13 For expenses made necessary by the Act establishing 

14 a Commission of Fine Arts (40 U.S.C. 104), $2,192,000: 

15 Provided, That the Commission is authorized to charge 

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

17 fees shall be credited to this account as an offsetting col18 lection, to remain available until expended without further 

19 appropriation. 

20 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

21 For necessary expenses as authorized by Public Law 

22 99–190 (20 U.S.C. 956a), as amended, $7,200,000. 
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1 ADVISORY COUNCIL ON HISTORIC PRESERVATION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Advisory Council on 

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

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

6 available for compensation of level V of the Executive 

7 Schedule or higher positions. 

8 NATIONAL CAPITAL PLANNING COMMISSION

9 SALARIES AND EXPENSES

10 For necessary expenses, as authorized by the Na11 tional Capital Planning Act of 1952 (40 U.S.C. 71–71i), 

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

13 $8,265,000: Provided, That one-quarter of 1 percent of 

14 the funds provided under this heading may be used for 

15 official reception and representational expenses associated 

16 with hosting international visitors engaged in the planning 

17 and physical development of world capitals. 

18 UNITED STATES HOLOCAUST MEMORIAL MUSEUM

19 HOLOCAUST MEMORIAL MUSEUM

20 For expenses of the Holocaust Memorial Museum, as 

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

22 2310), $45,496,000, of which $515,000 for the equipment 

23 replacement program shall remain available until Sep24 tember 30, 2010; and $1,900,000 for the museum’s repair 

25 and rehabilitation program and $1,264,000 for the muse-
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1 um’s exhibition design and production program shall re2 main available until expended. 

3 PRESIDIO TRUST

4 PRESIDIO TRUST FUND

5 For necessary expenses to carry out title I of the Om6 nibus Parks and Public Lands Management Act of 1996, 

7 $18,450,000 shall be available to the Presidio Trust, to 

8 remain available until expended. 

9 WHITE HOUSE COMMISSION ON THE NATIONAL

10 MOMENT OF REMEMBRANCE

11 SALARIES AND EXPENSES

12 For necessary expenses of the White House Commis13 sion on the National Moment of Remembrance, $200,000. 

14 TITLE IV 

15 GENERAL PROVISIONS 

16 SEC. 401. The expenditure of any appropriation 

17 under this Act for any consulting service through procure18 ment contract, pursuant to 5 U.S.C. 3109, shall be limited 

19 to those contracts where such expenditures are a matter 

20 of public record and available for public inspection, except 

21 where otherwise provided under existing law, or under ex22 isting Executive Order issued pursuant to existing law. 

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

24 this Act shall be available for any activity or the publica25 tion or distribution of literature that in any way tends to 
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1 promote public support or opposition to any legislative 

2 proposal on which Congressional action is not complete 

3 other than to communicate to Members of Congress as 

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

5 SEC. 403. None of the funds provided in this Act to 

6 any department or agency shall be obligated or expended 

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

8 servants to any officer or employee of such department 

9 or agency except as otherwise provided by law. 

10 SEC. 404. Estimated overhead charges, deductions, 

11 reserves or holdbacks from programs, projects, activities 

12 and subactivities to support government-wide, depart13 mental, agency or bureau administrative functions or 

14 headquarters, regional or central operations shall be pre15 sented in annual budget justifications and subject to ap16 proval by the Committees on Appropriations. Changes to 

17 such estimates shall be presented to the Committees on 

18 Appropriations for approval. 

19 SEC. 405. None of the funds in this Act may be used 

20 to plan, prepare, or offer for sale timber from trees classi21 fied as giant sequoia (Sequoiadendron giganteum) which 

22 are located on National Forest System or Bureau of Land 

23 Management lands in a manner different than such sales 

24 were conducted in fiscal year 2007. 
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1 SEC. 406. (a) LIMITATION OF FUNDS.—None of the 

2 funds appropriated or otherwise made available pursuant 

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

4 process applications for a patent for any mining or mill 

5 site claim located under the general mining laws. 

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

7 shall not apply if the Secretary of the Interior determines 

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

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

10 and (2) all requirements established under sections 2325 

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

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

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

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

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

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

17 date. 

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

19 of the Interior shall file with the House and Senate Com20 mittees on Appropriations and the Committee on Re21 sources of the House of Representatives and the Com22 mittee on Energy and Natural Resources of the Senate 

23 a report on actions taken by the Department under the 

24 plan submitted pursuant to section 314(c) of the Depart-
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1 ment of the Interior and Related Agencies Appropriations 

2 Act, 1997 (Public Law 104–208). 

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

4 patent applications in a timely and responsible manner, 

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

6 the Interior shall allow the applicant to fund a qualified 

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

8 Land Management to conduct a mineral examination of 

9 the mining claims or mill sites contained in a patent appli10 cation as set forth in subsection (b). The Bureau of Land 

11 Management shall have the sole responsibility to choose 

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

13 standard procedures employed by the Bureau of Land 

14 Management in the retention of third-party contractors. 

15 SEC. 407. Amounts deposited during fiscal year 2007 

16 in the roads and trails fund provided for in the 14th para17 graph under the heading ‘‘FOREST SERVICE’’ of the 

18 Act of March 4, 1913 (37 Stat. 843; 16 U.S.C. 501), shall 

19 be used by the Secretary of Agriculture, without regard 

20 to the State in which the amounts were derived, to repair 

21 or reconstruct roads, bridges, and trails on National For22 est System lands or to carry out and administer projects 

23 to improve forest health conditions, which may include the 

24 repair or reconstruction of roads, bridges, and trails on 

25 National Forest System lands in the wildland-community 
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1 interface where there is an abnormally high risk of fire. 

2 The projects shall emphasize reducing risks to human 

3 safety and public health and property and enhancing eco4 logical functions, long-term forest productivity, and bio5 logical integrity. The projects may be completed in a sub6 sequent fiscal year. Funds shall not be expended under 

7 this section to replace funds which would otherwise appro8 priately be expended from the timber salvage sale fund. 

9 Nothing in this section shall be construed to exempt any 

10 project from any environmental law. 

11 SEC. 408. Prior to October 1, 2008, the Secretary 

12 of Agriculture shall not be considered to be in violation 

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

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

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

16 passed without revision of the plan for a unit of the Na17 tional Forest System. Nothing in this section exempts the 

18 Secretary from any other requirement of the Forest and 

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

20 1600 et seq.) or any other law: Provided, That if the Sec21 retary is not acting expeditiously and in good faith, within 

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

23 National Forest System, this section shall be void with re24 spect to such plan and a court of proper jurisdiction may 

25 order completion of the plan on an accelerated basis. 
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1 SEC. 409. No timber sale in Region 10 shall be adver2 tised if the indicated rate is deficit when appraised using 

3 a residual value approach that assigns domestic Alaska 

4 values for western redcedar. Program accomplishments 

5 shall be based on volume sold. Should Region 10 sell, in 

6 the current fiscal year, the annual average portion of the 

7 decadal allowable sale quantity called for in the current 

8 Tongass Land Management Plan in sales which are not 

9 deficit when appraised using a residual value approach 

10 that assigns domestic Alaska values for western redcedar, 

11 all of the western redcedar timber from those sales which 

12 is surplus to the needs of domestic processors in Alaska, 

13 shall be made available to domestic processors in the con14 tiguous 48 United States at prevailing domestic prices. 

15 Should Region 10 sell, in the current fiscal year, less than 

16 the annual average portion of the decadal allowable sale 

17 quantity called for in the Tongass Land Management Plan 

18 in sales which are not deficit when appraised using a resid19 ual value approach that assigns domestic Alaska values 

20 for western redcedar, the volume of western redcedar tim21 ber available to domestic processors at prevailing domestic 

22 prices in the contiguous 48 United States shall be that 

23 volume: (1) which is surplus to the needs of domestic proc24 essors in Alaska; and (2) is that percent of the surplus 

25 western redcedar volume determined by calculating the 
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1 ratio of the total timber volume which has been sold on 

2 the Tongass to the annual average portion of the decadal 

3 allowable sale quantity called for in the current Tongass 

4 Land Management Plan. The percentage shall be cal5 culated by Region 10 on a rolling basis as each sale is 

6 sold (for purposes of this amendment, a ‘‘rolling basis’’ 

7 shall mean that the determination of how much western 

8 redcedar is eligible for sale to various markets shall be 

9 made at the time each sale is awarded). Western redcedar 

10 shall be deemed ‘‘surplus to the needs of domestic proc11 essors in Alaska’’ when the timber sale holder has pre12 sented to the Forest Service documentation of the inability 

13 to sell western redcedar logs from a given sale to domestic 

14 Alaska processors at a price equal to or greater than the 

15 log selling value stated in the contract. All additional west16 ern redcedar volume not sold to Alaska or contiguous 48 

17 United States domestic processors may be exported to for18 eign markets at the election of the timber sale holder. All 

19 Alaska yellow cedar may be sold at prevailing export prices 

20 at the election of the timber sale holder. 

21 SEC. 410. No funds provided in this Act may be ex22 pended to conduct preleasing, leasing and related activities 

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

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

25 1331 et seq.) within the boundaries of a National Monu-
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1 ment established pursuant to the Act of June 8, 1906 (16 

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

3 20, 2001, except where such activities are allowed under 

4 the Presidential proclamation establishing such monu5 ment. 

6 SEC. 411. In entering into agreements with foreign 

7 countries pursuant to the Wildfire Suppression Assistance 

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

9 the Secretary of the Interior are authorized to enter into 

10 reciprocal agreements in which the individuals furnished 

11 under said agreements to provide wildfire services are con12 sidered, for purposes of tort liability, employees of the 

13 country receiving said services when the individuals are 

14 engaged in fire suppression: Provided, That the Secretary 

15 of Agriculture or the Secretary of the Interior shall not 

16 enter into any agreement under this provision unless the 

17 foreign country (either directly or through its fire organi18 zation) agrees to assume any and all liability for the acts 

19 or omissions of American firefighters engaged in fire20 fighting in a foreign country: Provided further, That when 

21 an agreement is reached for furnishing fire fighting serv22 ices, the only remedies for acts or omissions committed 

23 while fighting fires shall be those provided under the laws 

24 of the host country, and those remedies shall be the exclu25 sive remedies for any claim arising out of fighting fires 
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1 in a foreign country: Provided further, That neither the 

2 sending country nor any legal organization associated with 

3 the firefighter shall be subject to any legal action whatso4 ever pertaining to or arising out of the firefighter’s role 

5 in fire suppression. 

6 SEC. 412. In awarding a Federal contract with funds 

7 made available by this Act, notwithstanding Federal Gov8 ernment procurement and contracting laws, the Secretary 

9 of Agriculture and the Secretary of the Interior (the ‘‘Sec10 retaries’’) may, in evaluating bids and proposals, give con11 sideration to local contractors who are from, and who pro12 vide employment and training for, dislocated and displaced 

13 workers in an economically disadvantaged rural commu14 nity, including those historically timber-dependent areas 

15 that have been affected by reduced timber harvesting on 

16 Federal lands and other forest-dependent rural commu17 nities isolated from significant alternative employment op18 portunities: Provided, That notwithstanding Federal Gov19 ernment procurement and contracting laws the Secretaries 

20 may award contracts, grants or cooperative agreements to 

21 local non-profit entities, Youth Conservation Corps or re22 lated partnerships with State, local or non-profit youth 

23 groups, or small or micro-business or disadvantaged busi24 ness: Provided further, That the contract, grant, or cooper25 ative agreement is for forest hazardous fuels reduction, 
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1 watershed or water quality monitoring or restoration, wild2 life or fish population monitoring, or habitat restoration 

3 or management: Provided further, That the terms ‘‘rural 

4 community’’ and ‘‘economically disadvantaged’’ shall have 

5 the same meanings as in section 2374 of Public Law 101– 

6 624: Provided further, That the Secretaries shall develop 

7 guidance to implement this section: Provided further, That 

8 nothing in this section shall be construed as relieving the 

9 Secretaries of any duty under applicable procurement 

10 laws, except as provided in this section. 

11 SEC. 413. (a) Notwithstanding any other provision 

12 of law and hereinafter, after September 30, 2006, the In13 dian Health Service may not disburse funds for the provi14 sion of health care services pursuant to Public Law 93– 

15 638 (25 U.S.C. 450 et seq.) to any Alaska Native village 

16 or Alaska Native village corporation that is located within 

17 the area served by an Alaska Native regional health entity. 

18 (b) Nothing in this section shall be construed to pro19 hibit the disbursal of funds to any Alaska Native village 

20 or Alaska Native village corporation under any contract 

21 or compact entered into prior to May 1, 2006, or to pro22 hibit the renewal of any such agreement. 

23 (c) For the purpose of this section, Eastern Aleutian 

24 Tribes, Inc. and the Council of Athabascan Tribal Govern25 ments shall be treated as Alaska Native regional health 
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1 entities to which funds may be disbursed under this sec2 tion. 

3 SEC. 414. Unless otherwise provided herein, no funds 

4 appropriated in this Act for the acquisition of lands or 

5 interests in lands may be expended for the filing of dec6 larations of taking or complaints in condemnation without 

7 the approval of the House and Senate Committees on Ap8 propriations: Provided, That this provision shall not apply 

9 to funds appropriated to implement the Everglades Na10 tional Park Protection and Expansion Act of 1989, or to 

11 funds appropriated for Federal assistance to the State of 

12 Florida to acquire lands for Everglades restoration pur13 poses. 

14 SEC. 415. (a) LIMITATION ON COMPETITIVE

15 SOURCING STUDIES.— 

16 (1) Of the funds made available by this or any 

17 other Act to the Department of the Interior for fis18 cal year 2008, not more than $3,450,000 may be 

19 used by the Secretary of the Interior to initiate or 

20 continue competitive sourcing studies in fiscal year 

21 2008 for programs, projects, and activities for which 

22 funds are appropriated by this Act until such time 

23 as the Secretary concerned submits a reprogram24 ming proposal to the Committees on Appropriations 

25 of the Senate and the House of Representatives, and 
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1 such proposal has been processed consistent with the 

2 reprogramming guidelines included in the report ac3 companying this Act. 

4 (2) None of the funds available to the Forest 

5 Service may be used in fiscal year 2008 for competi6 tive sourcing studies and related activities. 

7 (b) COMPETITIVE SOURCING STUDY DEFINED.—In 

8 this section, the term ‘‘competitive sourcing study’’ means 

9 a study on subjecting work performed by Federal Govern10 ment employees or private contractors to public-private 

11 competition or on converting the Federal Government em12 ployees or the work performed by such employees to pri13 vate contractor performance under the Office of Manage14 ment and Budget Circular A–76 or any other administra15 tive regulation, directive, or policy. 

16 (c) COMPETITIVE SOURCING EXEMPTION FOR FOR17 EST SERVICE STUDIES CONDUCTED PRIOR TO FISCAL

18 YEAR 2006.—The Forest Service is hereby exempted from 

19 implementing the Letter of Obligation and post-competi20 tion accountability guidelines where a competitive sourcing 

21 study involved 65 or fewer full-time equivalents, the per22 formance decision was made in favor of the agency pro23 vider, no net savings was achieved by conducting the 

24 study, and the study was completed prior to the date of 

25 this Act. 
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1 (d) In preparing any reports to the Committees on 

2 Appropriations on competitive sourcing activities, agencies 

3 funded in this Act shall include all costs attributable to 

4 conducting the competitive sourcing competitions and 

5 staff work to prepare for competitions or to determine the 

6 feasibility of starting competitions, including costs attrib7 utable to paying outside consultants and contractors and, 

8 in accordance with full cost accounting principles, all costs 

9 attributable to developing, implementing, supporting, 

10 managing, monitoring, and reporting on competitive 

11 sourcing, including personnel, consultant, travel, and 

12 training costs associated with program management. 

13 (e) In carrying out any competitive sourcing study 

14 involving Department of the Interior employees, the Sec15 retary of the Interior shall— 

16 (1) determine whether any of the employees 

17 concerned are also qualified to participate in 

18 wildland fire management activities; and 

19 (2) take into consideration the effect that con20 tracting with a private sector source would have on 

21 the ability of the Department of the Interior to ef22 fectively and efficiently fight and manage wildfires. 

23 SEC. 416. Section 331 of the Department of the Inte24 rior and Related Agencies Appropriations Act, 2000 (as 

25 enacted into law by section 1000(a)(3) of Public Law 106– 
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1 113; 113 Stat. 1501A–196; 16 U.S.C. 497 note), as 

2 amended, is amended— 

3 (1) in subsection (a) by striking ‘‘2006’’ and in4 serting ‘‘2008’’; and 

5 (2) in subsection (b) by striking ‘‘2006’’ and in6 serting ‘‘2008’’. 

7 SEC. 417. Section 337(a) of the Department of the 

8 Interior and Related Agencies Appropriations Act, 2005 

9 (Public Law 108–447; 118 Stat. 3012) is amended by 

10 striking ‘‘September 30, 2006’’ and inserting ‘‘September 

11 30, 2008’’. 

12 SEC. 418. Section 321 of the Consolidated Appropria13 tions Act, 2003, as included in Public Law 108–7, is 

14 amended by striking ‘‘September 30, 2007’’ and inserting 

15 ‘‘September 30, 2009’’. 

16 SEC. 419. Section 339 of division E of the Consoli17 dated Appropriations Act of 2005 as included in Public 

18 Law 108–447 is amended by striking ‘‘2005 through 

19 2007’’ and inserting ‘‘2005 through 2010.’’ 

20 SEC. 420. A permit fee collected during fiscal year 

21 2007 by the Secretary of Agriculture under the Act of 

22 March 4, 1915 (16 U.S.C. 497) for a marina on the Shas23 ta-Trinity National Forest shall be deposited in a special 

24 account in the Treasury established for the Secretary of 

25 Agriculture, and shall remain available to the Secretary 
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1 of Agriculture until expended, without further appropria2 tion, for purposes stated in section 808(a)(3)(A–D) of title 

3 VIII of division J of Public Law 108–447 (16 U.S.C. 

4 6807), and for direct operating or capital costs associated 

5 with the issuance of a marina permit. 

6 SEC. 421. The Forest Service shall allocate to the Re7 gions of the Forest Service, $40,000,000 from the current 

8 balance in the ‘‘timber roads purchaser election fund’’, to 

9 remain available until expended, for the following pur10 poses: vegetative treatments in timber stands at high risk 

11 of fire due to insect, disease, or drought; road work in 

12 support of vegetative treatments to support forest health 

13 objectives; and maintaining infrastructure for the proc14 essing of woody fiber in Regions where it is critical to sus15 taining local economies and fulfilling the forest health ob16 jectives of the Forest Service. 

17 SEC. 422. (a) AUTHORIZATION.—To offset Federal 

18 acquisition of the Elkhorn Ranch in Medora, North Da19 kota, the Secretary of Agriculture (‘Secretary’) shall sell 

20 5,200 acres, of National Forest System lands in Billings 

21 County, North Dakota. 

22 (b) LAND SALES.— 

23 (1) The Secretary may prescribe reservations, 

24 terms, and conditions of sale, and may configure the 
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1 descriptions of the lands subject to sale in order to 

2 enhance marketability or for management purposes; 

3 (2) Land shall be sold for cash in an amount 

4 no less than market value as determined by ap5 praisal or competitive sale; 

6 (3) The Secretary may reject any offer made 

7 under this section if the Secretary determines, in his 

8 absolute discretion, that the offer is not adequate or 

9 not in the public interest; 

10 (4) Under such terms, conditions, and proce11 dures as the Secretary may prescribe, any base 

12 property landowner holding a current permit to 

13 graze any land authorized for sale under this section 

14 shall have a non-assignable first right to buy the 

15 land, provided the right is exercised within 6 months 

16 of an offer from the Secretary; 

17 (5) The Secretary may utilize brokers or other 

18 third parties in the sale of land and, from the pro19 ceeds of the sale, may pay reasonable commissions 

20 or fees for services rendered. 

21 (c) RECEIPTS.—From receipts from the sale of lands 

22 authorized by this section, the Secretary shall first cover 

23 direct expenses incurred in sale, and any remaining re24 ceipts shall be deposited into the fund established by the 

25 Act of December 4, 1967, commonly known as the Sisk 
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1 Act (16 U.S.C. 484a), to be available until expended, for 

2 acquisitions of National Forest System lands in North Da3 kota with priority given to lands for which funds have 

4 heretofore been appropriated for purchase. Funds so de5 posited in the Sisk Act fund shall not be subject to trans6 fer or reprogramming for wildland fire management or 

7 any other emergency purposes. 

8 (d) LAND TRANSFERS.— 

9 (1) It is the intent of Congress that the acreage 

10 acquired into Federal ownership as a result of the 

11 acquisition of Elkhorn Ranch shall be offset by the 

12 sale of an equal amount of Federal land. The lands 

13 to be conveyed from Federal ownership are to be 

14 conveyed from fiscal years 2007 through 2009, and 

15 are to be at least equal in acreage to the ranch land 

16 acquired by the Forest Service. There will be no net 

17 gain in federally owned land in North Dakota as a 

18 result of these land conveyances. 

19 (e) LIMITATIONS.— 

20 (1) In the sale or conveyance of any land au21 thorized by this section, the Secretary shall not be 

22 required to conduct additional environmental anal23 ysis, including heritage resource analysis and no 

24 sale, offer to sell, or conveyance shall be subject to 

25 administrative appeal. 
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1 (2) The requirement of this section for offset of 

2 the amount of lands acquired and the amount of 

3 lands sold or conveyed shall apply only to the Elk4 horn Ranch acquisition and does not apply to any 

5 other Federal land acquisitions authorized by law. 

6 (3) The lease terms on the Elkhorn Ranch shall 

7 remain in effect until December 31, 2009. At which 

8 time the Federal land grazing use shall be managed 

9 through the grazing agreement between the Medora 

10 Grazing Association and the Forest Service as of the 

11 date of the enactment of this bill. The Animal Unit 

12 Months (AUMs) for both Federal and private lands 

13 encompassing the Elkhorn Ranch shall become part 

14 of the grazing agreement held by Medora Grazing 

15 Association to be reallocated to its members in ac16 cordance with their rules in effect as of the date of 

17 this bill. 

18 (4) The multiple uses of the acquired Elkhorn 

19 Ranch site shall continue. 

20 (f) This section shall take effect as of the date of en21 actment of this Act. 

22 SEC. 423. In fiscal year 2008, The Forest Service 

23 shall not change the eligibility requirements for base prop24 erty, and livestock ownership as they relate to leasing of 

25 base property and shared livestock agreements for grazing 
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1 permits on the Dakota Prairie Grasslands that were in 

2 effect as of July 18, 2005. 

3 SEC. 424. Notwithstanding the provisions of section 

4 35(b) of the Mineral Leasing Act, as amended (30 U.S.C. 

5 191(b)), before disbursing a payment to a State, the Sec6 retary shall deduct 2 percent from the amount payable to 

7 that State and deposit the amount deducted to miscella8 neous receipts of the United States Treasury. 

9 SEC. 425. The Arts and Artifacts Indemnity Act 

10 (Public Law 94–158) is amended— 

11 (1) in section 3(a) by striking ‘‘(B) the exhi12 bition of which is’’ and inserting in lieu thereof ‘‘(B) 

13 in the case of international exhibitions,’’; and 

14 (2) in section 5(b), by inserting before the pe15 riod ‘‘for international exhibitions, and 

16 $5,000,000,000 at any one time for domestic exhibi17 tions’’; and 

18 (3) in section 5(c), by inserting before the pe19 riod ‘‘for international exhibitions, or $750,000,000 

20 for domestic exhibitions’’. 

21 SEC. 426. In accordance with authorities available in 

22 section 428, of Public Law 109–54, the Secretary of Agri23 culture and the Secretary of the Interior shall execute an 

24 agreement that transfers management and oversight of 

25 the Great Onyx, Harper’s Ferry, and Oconaluftee Job 
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1 Corps Centers to the Forest Service. These Job Corps cen2 ters shall continue to be administered as described in sec3 tion 147(c) of Public Law 105–220, Workforce Invest4 ment Act of 1998. 

5 SEC. 427. The United States Department of Agri6 culture, Forest Service shall seek to enter into alternative 

7 dispute resolution or mediation with the parties in Sierra 

8 Forest Legacy, et al v. Weingardt, et al, Civil No. C 07– 

9 2646, and Sierra Club, et al v. Bosworth, et al, Civil No. 

10 C 05–00397, regarding harvest operations outside of the 

11 Giant Sequoia National Monument in relation to the deci12 sions approving the Revised Ice Timber Sale and Fuels 

13 Reduction Project and the Frog Project, and taking into 

14 account the terms of the contracts for those projects, and 

15 in relation to the Record of Decision for the Kings River 

16 Project, and as appropriate in regard to other disputed 

17 fuel reduction projects in the area. 

18 SEC. 428. Section 636 of division A of the Treasury, 

19 Postal Service, and General Government Appropriations 

20 Act, 1997 (5 U.S.C. prec. 5941 note; Public Law 104– 

21 208), is amended— 

22 (1) in subsection (b)— 

23 (A) in paragraph (1), by striking ‘‘or’’; 

24 (B) in paragraph (2), by striking the pe25 riod and inserting ‘‘; or’’; and 
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1 (C) by adding at the end the following: 

2 ‘‘(3) a temporary fire line supervisor.’’; and 

3 (2) in subsection (c)— 

4 (A) in paragraph (3), by striking ‘‘, and’’ 

5 and inserting a semicolon; 

6 (B) in paragraph (4)(B), by striking the 

7 period at the end and inserting ‘‘; and’’; and 

8 (C) by adding at the end the following: 

9 ‘‘(5) the term ‘temporary fire line supervisor’ 

10 means an employee of the Department of the Inte11 rior or the Forest Service, the duties of which in12 clude temporary supervision to manage a wildland or 

13 managed fire, including an employee that is— 

14 ‘‘(A) a type 1, 2, or 3 incident commander; 

15 ‘‘(B) an operations section chief; 

16 ‘‘(C) a division group supervisor; 

17 ‘‘(D) a fire use manager; or 

18 ‘‘(E) a prescribed fire manager or burn 

19 boss.’’. 

20 This Act may be cited as the ‘‘Department of the In21 terior, Environment, and Related Agencies Appropriations 

22 Act, 2008’’. 
Calendar No. 221 

110TH CONGRESS 

1ST SESSION S. 1696 

[Report No. 109–91] 

A BILL 

Making appropriations for the Department of the 

other purposes. the fiscal year ending June 30, 2008, and for Interior, environment, and related agencies for 

JUNE 26, 2007 

Read twice and placed on the calendar