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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2584 Reported in House (RH)]

                                                  Union Calendar No. 97
112th CONGRESS
  1st Session
                                H. R. 2584

                          [Report No. 112-151]

Making appropriations for the Department of the Interior, environment, 
and related agencies for the fiscal year ending September 30, 2012, and 
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 19, 2011

    Mr. Simpson, from the Committee on Appropriations, reported the 
following bill; which was committed to the Committee of the Whole House 
          on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL

 
Making appropriations for the Department of the Interior, environment, 
and related agencies for the fiscal year ending September 30, 2012, and 
                          for other purposes.

 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Department of the Interior, environment, and 
related agencies for the fiscal year ending September 30, 2012, and for 
other purposes, namely:

                  TITLE I--DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                   management of lands and resources

    For necessary expenses for protection, use, improvement, 
development, disposal, cadastral surveying, classification, acquisition 
of easements and other interests in lands, and performance of other 
functions, including maintenance of facilities, as authorized by law, 
in the management of lands and their resources under the jurisdiction 
of the Bureau of Land Management, including the general administration 
of the Bureau and the assessment of mineral potential of public lands 
pursuant to Public Law 96-487 (16 U.S.C. 3150(a)), $918,227,000, to 
remain available until expended; of which $3,000,000 shall be available 
in fiscal year 2012 subject to a match by at least an equal amount by 
the National Fish and Wildlife Foundation for cost-shared projects 
supporting conservation of Bureau lands; and such funds shall be 
advanced to the Foundation as a lump sum grant without regard to when 
expenses are incurred.
    In addition, $32,500,000 is for the processing of applications for 
permit to drill and related use authorizations, to remain available 
until expended, to be reduced by amounts collected by the Bureau and 
credited to this appropriation that shall be derived from $6,500 per 
new application for permit to drill that the Bureau shall collect upon 
submission of each new application, and in addition, $39,696,000 is for 
Mining Law Administration program operations, including the cost of 
administering the mining claim fee program; to remain available until 
expended, to be reduced by amounts collected by the Bureau and credited 
to this appropriation from mining claim maintenance fees and location 
fees that are hereby authorized for fiscal year 2012 so as to result in 
a final appropriation estimated at not more than $918,227,000, and 
$2,000,000, to remain available until expended, from communication site 
rental fees established by the Bureau for the cost of administering 
communication site activities.

                              construction

    For construction of buildings, recreation facilities, roads, 
trails, and appurtenant facilities, $3,576,000, to remain available 
until expended.

                            land acquisition

    For expenses necessary to carry out sections 205, 206, and 318(d) 
of Public Law 94-579(43 U.S.C. 1715, 1716, and 1748(d), respectively), 
including administrative expenses and acquisition of lands or waters, 
or interests therein, $4,880,000, to be derived from the Land and Water 
Conservation Fund and to remain available until expended.

                   oregon and california grant lands

    For expenses necessary for management, protection, and development 
of resources and for construction, operation, and maintenance of access 
roads, reforestation, and other improvements on the revested Oregon and 
California Railroad grant lands, on other Federal lands in the Oregon 
and California land-grant counties of Oregon, and on adjacent rights-
of-way; and acquisition of lands or interests therein, including 
existing connecting roads on or adjacent to such grant lands; 
$112,043,000, to remain available until expended: Provided, That 25 
percent of the aggregate of all receipts during the current fiscal year 
from the revested Oregon and California Railroad grant lands is hereby 
made a charge against the Oregon and California land-grant fund and 
shall be transferred to the General Fund in the Treasury in accordance 
with the second paragraph of subsection (b) of title II of the Act of 
August 28, 1937 (50 Stat. 876).

                           range improvements

    For rehabilitation, protection, and acquisition of lands and 
interests therein, and improvement of Federal rangelands pursuant to 
section 401 of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1751), notwithstanding any other Act, sums equal to 50 percent 
of all moneys received during the prior fiscal year under sections 3 
and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount 
designated for range improvements from grazing fees and mineral leasing 
receipts from Bankhead-Jones lands transferred to the Department of the 
Interior pursuant to law, but not less than $10,000,000, to remain 
available until expended: Provided, That not to exceed $600,000 shall 
be available for administrative expenses.

               service charges, deposits, and forfeitures

    For administrative expenses and other costs related to processing 
application documents and other authorizations for use and disposal of 
public lands and resources, for costs of providing copies of official 
public land documents, for monitoring construction, operation, and 
termination of facilities in conjunction with use authorizations, and 
for rehabilitation of damaged property, such amounts as may be 
collected under Public Law 94-579, as amended, and Public Law 93-153, 
to remain available until expended: Provided, That, notwithstanding any 
provision to the contrary of section 305(a) of Public Law 94-579 (43 
U.S.C. 1735(a)), any moneys that have been or will be received pursuant 
to that subsection, whether as a result of forfeiture, compromise, or 
settlement, if not appropriate for refund pursuant to section 305(c) of 
that Act (43 U.S.C. 1735(c)), shall be available and may be expended 
under the authority of this Act by the Secretary to improve, protect, 
or rehabilitate any public lands administered through the Bureau of 
Land Management which have been damaged by the action of a resource 
developer, purchaser, permittee, or any unauthorized person, without 
regard to whether all moneys collected from each such action are used 
on the exact lands damaged which led to the action: Provided further, 
That any such moneys that are in excess of amounts needed to repair 
damage to the exact land for which funds were collected may be used to 
repair other damaged public lands.

                       miscellaneous trust funds

    In addition to amounts authorized to be expended under existing 
laws, there is hereby appropriated such amounts as may be contributed 
under section 307 of the Act of October 21, 1976 (43 U.S.C. 1737), and 
such amounts as may be advanced for administrative costs, surveys, 
appraisals, and costs of making conveyances of omitted lands under 
section 211(b) of that Act, to remain available until expended.

                       administrative provisions

    The Bureau of Land Management may carry out the operations funded 
under this Act by direct expenditure, contracts, grants, cooperative 
agreements and reimbursable agreements with public and private 
entities, including with States. Appropriations for the Bureau shall be 
available for purchase, erection, and dismantlement of temporary 
structures, and alteration and maintenance of necessary buildings and 
appurtenant facilities to which the United States has title; up to 
$100,000 for payments, at the discretion of the Secretary, for 
information or evidence concerning violations of laws administered by 
the Bureau; miscellaneous and emergency expenses of enforcement 
activities authorized or approved by the Secretary and to be accounted 
for solely on the Secretary's certificate, not to exceed $10,000: 
Provided, That notwithstanding Public Law 90-620 (44 U.S.C. 501), the 
Bureau may, under cooperative cost-sharing and partnership arrangements 
authorized by law, procure printing services from cooperators in 
connection with jointly produced publications for which the cooperators 
share the cost of printing either in cash or in services, and the 
Bureau determines the cooperator is capable of meeting accepted quality 
standards: Provided further, That projects to be funded pursuant to a 
written commitment by a State government to provide an identified 
amount of money in support of the project may be carried out by the 
Bureau on a reimbursable basis. Appropriations herein made shall not be 
available for the destruction of healthy, unadopted, wild horses and 
burros in the care of the Bureau or its contractors or for the sale of 
wild horses and burros that results in their destruction for processing 
into commercial products.

                United States Fish and Wildlife Service

                          resource management

    For necessary expenses of the United States Fish and Wildlife 
Service, as authorized by law, and for scientific and economic studies, 
general administration, and the performance of other authorized 
functions related to such resources, $1,099,055,000, to remain 
available until September 30, 2013 except as otherwise provided herein: 
Provided, That none of the funds shall be used for implementing 
subsections (a), (b), (c), and (e) of section 4 of the Endangered 
Species Act, (except for processing petitions, developing and issuing 
proposed and final regulations, and taking any other steps to implement 
actions described in subsection (c)(2)(A), (c)(2)(B)(i), or 
(c)(2)(B)(ii) of such section): Provided further, That of the amount 
available for law enforcement, up to $400,000, to remain available 
until expended, may at the discretion of the Secretary of the Interior 
be used for payment for information, rewards, or evidence concerning 
violations of laws administered by the Service, and miscellaneous and 
emergency expenses of enforcement activity, authorized or approved by 
the Secretary and to be accounted for solely on the Secretary's 
certificate: Provided further, That of the amount provided for 
environmental contaminants, up to $1,000,000 may remain available until 
expended for contaminant sample analyses.

                              construction

    For construction, improvement, acquisition, or removal of buildings 
and other facilities required in the conservation, management, 
investigation, protection, and utilization of fish and wildlife 
resources, and the acquisition of lands and interests therein, 
$11,804,000, to remain available until expended.

                            land acquisition

    For expenses necessary to carry out the Land and Water Conservation 
Fund Act of 1965 (16 U.S.C. 460l-4 et seq.), including administrative 
expenses, and for acquisition of land or waters, or interest therein, 
in accordance with statutory authority applicable to the United States 
Fish and Wildlife Service, $15,047,000, to be derived from the Land and 
Water Conservation Fund and to remain available until expended, of 
which, notwithstanding 16 U.S.C. 460l-9, not more than $4,000,000 shall 
be for land conservation partnerships authorized by the Highlands 
Conservation Act of 2004, including not to exceed $120,000 for 
administrative expenses.

            cooperative endangered species conservation fund

    For expenses necessary to carry out section 6 of the Endangered 
Species Act of 1973 (16 U.S.C. 1534 et seq.), $2,854,000, to remain 
available until expended, to be derived from the Cooperative Endangered 
Species Conservation Fund.

                     national wildlife refuge fund

    For expenses necessary to implement the Act of October 17, 1978 (16 
U.S.C. 715s), $13,980,000.

               north american wetlands conservation fund

    For expenses necessary to carry out the provisions of the North 
American Wetlands Conservation Act (16 U.S.C. 4401 et seq.), 
$20,000,000, to remain available until expended.

                multinational species conservation fund

    For expenses necessary to carry out the African Elephant 
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant 
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and 
Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great Ape 
Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine 
Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $7,875,000, 
to remain available until expended.

                    state and tribal wildlife grants

    For wildlife conservation grants to States and to the District of 
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the 
Northern Mariana Islands, American Samoa, and federally recognized 
Indian tribes under the provisions of the Fish and Wildlife Act of 1956 
(16 U.S.C. 742a et seq.) and the Fish and Wildlife Coordination Act (16 
U.S.C. 661 et seq.), for the development and implementation of programs 
for the benefit of wildlife and their habitat, including species that 
are not hunted or fished, $22,000,000, to remain available until 
expended: Provided, That of the amount provided herein, $2,000,000 is 
for a competitive grant program for federally recognized Indian tribes 
not subject to the remaining provisions of this appropriation: Provided 
further, That the Secretary shall, after deducting $2,000,000 and 
administrative expenses, apportion the amount provided herein in the 
following manner: (1) to the District of Columbia and to the 
Commonwealth of Puerto Rico, each a sum equal to not more than one-half 
of 1 percent thereof; and (2) to Guam, American Samoa, the United 
States Virgin Islands, and the Commonwealth of the Northern Mariana 
Islands, each a sum equal to not more than one-fourth of 1 percent 
thereof: Provided further, That the Secretary shall apportion the 
remaining amount in the following manner: (1) one-third of which is 
based on the ratio to which the land area of such State bears to the 
total land area of all such States; and (2) two-thirds of which is 
based on the ratio to which the population of such State bears to the 
total population of all such States: Provided further, That the amounts 
apportioned under this heading shall be adjusted equitably so that no 
State shall be apportioned a sum which is less than 1 percent of the 
amount available for apportionment under this heading for any fiscal 
year or more than 5 percent of such amount: Provided further, That the 
Federal share of grants shall not exceed 50 percent of the total costs 
of such projects: Provided further, That the non-Federal share of such 
projects may not be derived from Federal grant programs.

                       administrative provisions

    The United States Fish and Wildlife Service may carry out the 
operations of Service programs by direct expenditure, contracts, 
grants, cooperative agreements and reimbursable agreements with public 
and private entities. Appropriations and funds available to the United 
States Fish and Wildlife Service shall be available for repair of 
damage to public roads within and adjacent to reservation areas caused 
by operations of the Service; options for the purchase of land at not 
to exceed $1 for each option; facilities incident to such public 
recreational uses on conservation areas as are consistent with their 
primary purpose; and the maintenance and improvement of aquaria, 
buildings, and other facilities under the jurisdiction of the Service 
and to which the United States has title, and which are used pursuant 
to law in connection with management, and investigation of fish and 
wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the 
Service may, under cooperative cost sharing and partnership 
arrangements authorized by law, procure printing services from 
cooperators in connection with jointly produced publications for which 
the cooperators share at least one-half the cost of printing either in 
cash or services and the Service determines the cooperator is capable 
of meeting accepted quality standards: Provided further, That the 
Service may accept donated aircraft as replacements for existing 
aircraft.

                         National Park Service

                 operation of the national park system

    For expenses necessary for the management, operation, and 
maintenance of areas and facilities administered by the National Park 
Service and for the general administration of the National Park 
Service, $2,240,152,000, of which $9,832,000 for planning and 
interagency coordination in support of Everglades restoration and 
$97,883,000 for maintenance, repair, or rehabilitation projects for 
constructed assets, operation of the National Park Service automated 
facility management software system, and comprehensive facility 
condition assessments shall remain available until September 30, 2013.

                  national recreation and preservation

    For expenses necessary to carry out recreation programs, natural 
programs, cultural programs, heritage partnership programs, 
environmental compliance and review, international park affairs, and 
grant administration, not otherwise provided for, $49,363,000.

                       historic preservation fund

    For expenses necessary in carrying out the National Historic 
Preservation Act (16 U.S.C. 470), and the Omnibus Parks and Public 
Lands Management Act of 1996 (Public Law 104-333), $49,500,000, to be 
derived from the Historic Preservation Fund and to remain available 
until September 30, 2013.

                              construction

    For construction, improvements, repair, or replacement of physical 
facilities, including modifications authorized by section 104 of the 
Everglades National Park Protection and Expansion Act of 1989 (16 
U.S.C. 410r-8), $152,121,000, to remain available until expended.

                    land and water conservation fund

                              (rescission)

    The contract authority provided for fiscal year 2012 by 16 U.S.C. 
460l-10a is hereby rescinded.

                 land acquisition and state assistance

    For expenses necessary to carry out the Land and Water Conservation 
Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including 
administrative expenses, and for acquisition of lands or waters, or 
interest therein, in accordance with the statutory authority applicable 
to the National Park Service, $18,294,000, to be derived from the Land 
and Water Conservation Fund and to remain available until expended, of 
which $2,794,000 is for the State assistance program and of which 
$2,000,000 shall be for the American Battlefield Protection Program 
grants as authorized by section 7301 of the Omnibus Public Land 
Management Act of 2009 (Public Law 111-11).

                       administrative provisions

                     (including transfer of funds)

    In addition to other uses set forth in section 407(d) of Public Law 
105-391, franchise fees credited to a sub-account shall be available 
for expenditure by the Secretary, without further appropriation, for 
use at any unit within the National Park System to extinguish or reduce 
liability for Possessory Interest or leasehold surrender interest. Such 
funds may only be used for this purpose to the extent that the 
benefiting unit anticipated franchise fee receipts over the term of the 
contract at that unit exceed the amount of funds used to extinguish or 
reduce liability. Franchise fees at the benefiting unit shall be 
credited to the sub-account of the originating unit over a period not 
to exceed the term of a single contract at the benefiting unit, in the 
amount of funds so expended to extinguish or reduce liability.
    National Park Service funds may be transferred to the Federal 
Highway Administration (FHWA), Department of Transportation, for 
purposes authorized under section 204 of title 23, United States Code. 
Transfers may include a reasonable amount for FHWA administrative 
support costs.

                    United States Geological Survey

                 surveys, investigations, and research

    For expenses necessary for the United States Geological Survey to 
perform surveys, investigations, and research covering topography, 
geology, hydrology, biology, and the mineral and water resources of the 
United States, its territories and possessions, and other areas as 
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their 
mineral and water resources; give engineering supervision to power 
permittees and Federal Energy Regulatory Commission licensees; 
administer the minerals exploration program (30 U.S.C. 641); conduct 
inquiries into the economic conditions affecting mining and materials 
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) 
and related purposes as authorized by law; and to publish and 
disseminate data relative to the foregoing activities; $1,053,552,000, 
to remain available until September 30, 2013, of which $65,561,000 
shall be available only for cooperation with States or municipalities 
for water resources investigations: Provided, That none of the funds 
provided for the ecosystem research activity shall be used to conduct 
new surveys on private property, unless specifically authorized in 
writing by the property owner: Provided further, That no part of this 
appropriation shall be used to pay more than one-half the cost of 
topographic mapping or water resources data collection and 
investigations carried on in cooperation with States and 
municipalities.

                       administrative provisions

    From within the amount appropriated for activities of the United 
States Geological Survey (USGS) such sums as are necessary shall be 
available for reimbursement to the General Services Administration for 
security guard services; contracting for the furnishing of topographic 
maps and for the making of geophysical or other specialized surveys 
when it is administratively determined that such procedures are in the 
public interest; construction and maintenance of necessary buildings 
and appurtenant facilities; acquisition of lands for gauging stations 
and observation wells; expenses of the United States National Committee 
on Geology; and payment of compensation and expenses of persons on the 
rolls of the USGS duly appointed to represent the United States in the 
negotiation and administration of interstate compacts: Provided, That 
activities funded by appropriations herein made may be accomplished 
through the use of contracts, grants, or cooperative agreements as 
defined in section 6302 of title 31, United States Code: Provided 
further, That the United States Geological Survey may enter into 
contracts or cooperative agreements directly with individuals or 
indirectly with institutions or nonprofit organizations, without regard 
to 41 U.S.C. 5, for the temporary or intermittent services of students 
or recent graduates, who shall be considered employees for the purpose 
of chapters 57 and 81 of title 5, United States Code, relating to 
compensation for travel and work injuries, and chapter 171 of title 28, 
United States Code, relating to tort claims, but shall not be 
considered to be Federal employees for any other purposes.

     Bureau of Ocean Energy Management, Regulation and Enforcement

                        ocean energy management

    For expenses necessary for minerals leasing and environmental 
studies and regulation of industry operations, as authorized by law; 
for enforcing laws and regulations applicable to oil, gas, and other 
minerals leases, permits, licenses and operating contracts; for energy-
related or other authorized marine-related purposes on the Outer 
Continental Shelf; and for matching grants or cooperative agreements, 
$138,605,000, to remain available until September 30, 2013; and an 
amount not to exceed $160,163,000, to be credited to this appropriation 
and to remain available until expended, from additions to receipts 
resulting from increases to rates in effect on August 5, 1993, and from 
cost recovery fees: Provided, That notwithstanding 31 U.S.C. 3302, in 
fiscal year 2012, such amounts as are assessed under 31 U.S.C. 9701 
shall be collected and credited to this account and shall be available 
until expended for necessary expenses: Provided further, That to the 
extent $160,163,000 in addition to receipts are not realized from the 
sources of receipts stated above, the amount needed to reach 
$160,163,000 shall be credited to this appropriation from receipts 
resulting from rental rates for Outer Continental Shelf leases in 
effect before August 5, 1993: Provided further, That for fiscal year 
2012 and each fiscal year thereafter, the term ``qualified Outer 
Continental Shelf revenues'', as defined in section 102(9)(A) of the 
Gulf of Mexico Energy Security Act of 2006 (title I of division C of 
Public Law 109-432; 43 U.S.C. note), shall include only the portion of 
rental revenues that would have been collected at the rental rates in 
effect before August 5, 1993: Provided further, That not to exceed 
$3,000 shall be available for reasonable expenses related to promoting 
volunteer beach and marine cleanup activities.
    For an additional amount, $10,000,000, to remain available until 
expended: Provided, That section 115 of the Department of the Interior, 
Environment, and Related Agencies Appropriations Act, 2010 (division A 
of Public Law 111-88; 123 Stat. 2928) shall apply for fiscal year 2012, 
and in such application ``2012'' shall be substituted for ``2010'': 
Provided further, That such amount shall be derived from receipts 
resulting from such application: Provided further, That to the extent 
that such amount is not received by the United States as a result of 
such application, the amount needed to reach $10,000,000 shall be 
credited to this appropriation from receipts resulting from rental 
rates for Outer Continental Shelf leases in effect before August 5, 
1993.

                           oil spill research

    For necessary expenses to carry out title I, section 1016, title 
IV, sections 4202 and 4303, title VII, and title VIII, section 8201 of 
the Oil Pollution Act of 1990, $14,923,000, which shall be derived from 
the Oil Spill Liability Trust Fund, to remain available until expended.

          Office of Surface Mining Reclamation and Enforcement

                       regulation and technology

    For necessary expenses to carry out the provisions of the Surface 
Mining Control and Reclamation Act of 1977, Public Law 95-87, as 
amended, $123,050,000, to remain available until September 30, 2013: 
Provided, That appropriations for the Office of Surface Mining 
Reclamation and Enforcement may provide for the travel and per diem 
expenses of State and tribal personnel attending Office of Surface 
Mining Reclamation and Enforcement sponsored training: Provided 
further, That, in fiscal year 2012, up to $40,000 collected by the 
Office of Surface Mining from permit fees pursuant to section 507 of 
Public Law 95-87 (30 U.S.C. 1257) shall be credited to this account as 
discretionary offsetting collections, to remain available until 
expended: Provided further, That the sum herein appropriated shall be 
reduced as collections are received during the fiscal year so as to 
result in a final fiscal year 2012 appropriation estimated at not more 
than $123,010,000: Provided further, That, in subsequent fiscal years, 
all amounts collected by the Office of Surface Mining from permit fees 
pursuant to section 507 of Public Law 95-87 (30 U.S.C. 1257) shall be 
credited to this account as discretionary offsetting collections, to 
remain available until expended.

                    abandoned mine reclamation fund

    For necessary expenses to carry out title IV of the Surface Mining 
Control and Reclamation Act of 1977, Public Law 95-87, as amended, 
$27,443,000, to be derived from receipts of the Abandoned Mine 
Reclamation Fund and to remain available until expended: Provided, That 
pursuant to Public Law 97-365, the Department of the Interior is 
authorized to use up to 20 percent from the recovery of the delinquent 
debt owed to the United States Government to pay for contracts to 
collect these debts: Provided further, That amounts provided under this 
heading may be used for the travel and per diem expenses of State and 
tribal personnel attending Office of Surface Mining Reclamation and 
Enforcement sponsored training.

                        administrative provision

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

        Bureau of Indian Affairs and Bureau of Indian Education

                      operation of indian programs

                     (including transfer of funds)

    For expenses necessary for the operation of Indian programs, as 
authorized by law, including the Snyder Act of November 2, 1921 (25 
U.S.C. 13), the Indian Self-Determination and Education Assistance Act 
of 1975 (25 U.S.C. 450 et seq.), as amended, the Education Amendments 
of 1978 (25 U.S.C. 2001-2019), and the Tribally Controlled Schools Act 
of 1988 (25 U.S.C. 2501 et seq.), as amended, $2,333,690,000, to remain 
available until September 30, 2013, except as otherwise provided 
herein; of which not to exceed $8,500 may be for official reception and 
representation expenses; and of which not to exceed $74,911,000 shall 
be for welfare assistance payments, except that, in cases of designated 
Federal disasters, the Secretary may exceed such cap, from the amounts 
provided herein, to provide for disaster relief to Indian communities 
affected by the disaster; and of which, notwithstanding any other 
provision of law, including but not limited to the Indian Self-
Determination Act of 1975, as amended, not to exceed $228,000,000 shall 
be available for payments for contract support costs associated with 
ongoing contracts, grants, compacts, or annual funding agreements 
entered into with the Bureau of Indian Affairs prior to or during 
fiscal year 2012, as authorized by such Act, except that tribes and 
tribal organizations may use their tribal priority allocations for 
unmet contract support costs of ongoing contracts, grants, or compacts, 
or annual funding agreements and for unmet welfare assistance costs; 
and of which not to exceed $584,369,000 for school operations costs of 
Bureau-funded schools and other education programs shall become 
available on July 1, 2012, and shall remain available until September 
30, 2013; and of which not to exceed $48,049,000 shall remain available 
until expended for housing improvement, road maintenance, attorney 
fees, litigation support, the Indian Self-Determination Fund, land 
records improvement, and the Navajo-Hopi Settlement Program: Provided, 
That notwithstanding any other provision of law, including but not 
limited to the Indian Self-Determination Act of 1975, as amended, and 
25 U.S.C. 2008, not to exceed $46,373,000 within and only from such 
amounts made available for school operations shall be available for 
administrative cost grants associated with ongoing grants entered into 
with the Bureau prior to or during fiscal year 2011 for the operation 
of Bureau-funded schools, and up to $500,000 within and only from such 
amounts made available for administrative cost grants shall be 
available for the transitional costs of initial administrative cost 
grants to grantees that assume operation on or after July 1, 2011, of 
Bureau-funded schools: Provided further, That any forestry funds 
allocated to a tribe which remain unobligated as of September 30, 2013, 
may be transferred during fiscal year 2014 to an Indian forest land 
assistance account established for the benefit of the holder of the 
funds within the holder's trust fund account: Provided further, That 
any such unobligated balances not so transferred shall expire on 
September 30, 2014: Provided further, That in order to enhance the 
safety of Bureau field employees, the Bureau may use funds to purchase 
uniforms or other identifying articles of clothing for personnel.

                              construction

                     (including transfer of funds)

    For construction, repair, improvement, and maintenance of 
irrigation and power systems, buildings, utilities, and other 
facilities, including architectural and engineering services by 
contract; acquisition of lands, and interests in lands; and preparation 
of lands for farming, and for construction of the Navajo Indian 
Irrigation Project pursuant to Public Law 87-483, $154,992,000, to 
remain available until expended: Provided, That such amounts as may be 
available for the construction of the Navajo Indian Irrigation Project 
may be transferred to the Bureau of Reclamation: Provided further, That 
not to exceed 6 percent of contract authority available to the Bureau 
of Indian Affairs from the Federal Highway Trust Fund may be used to 
cover the road program management costs of the Bureau: Provided 
further, That any funds provided for the Safety of Dams program 
pursuant to 25 U.S.C. 13 shall be made available on a nonreimbursable 
basis: Provided further, That in implementing new construction or 
facilities improvement and repair project grants in excess of $100,000 
that are provided to grant schools under Public Law 100-297, as 
amended, the Secretary of the Interior shall use the Administrative and 
Audit Requirements and Cost Principles for Assistance Programs 
contained in part 12 of title 43, Code of Federal Regulations as the 
regulatory requirements: Provided further, That such grants shall not 
be subject to section 12.61 of such title; the Secretary and the 
grantee shall negotiate and determine a schedule of payments for the 
work to be performed: Provided further, That in considering grant 
applications, the Secretary shall consider whether such grantee would 
be deficient in assuring that the construction projects conform to 
applicable building standards and codes and Federal, tribal, or State 
health and safety standards as required by 25 U.S.C. 2005(b), with 
respect to organizational and financial management capabilities: 
Provided further, That if the Secretary declines a grant application, 
the Secretary shall follow the requirements contained in 25 U.S.C. 
2504(f): Provided further, That any disputes between the Secretary and 
any grantee concerning a grant shall be subject to the disputes 
provision in 25 U.S.C. 2507(e): Provided further, That in order to 
ensure timely completion of construction projects, the Secretary may 
assume control of a project and all funds related to the project, if, 
within 18 months of the date of enactment of this Act, any grantee 
receiving funds appropriated in this Act or in any prior Act has not 
completed the planning and design phase of the project and commenced 
construction: Provided further, That this appropriation may be 
reimbursed from the Office of the Special Trustee for American Indians 
appropriation for the appropriate share of construction costs for space 
expansion needed in agency offices to meet trust reform implementation.

 indian land and water claim settlements and miscellaneous payments to 
                                indians

    For payments and necessary administrative expenses for 
implementation of Indian land and water claim settlements pursuant to 
Public Laws 99-264, 100-580, 101-618, 108-447, and 111-11, and for 
implementation of other land and water rights settlements, $32,855,000, 
to remain available until expended.

                 indian guaranteed loan program account

    For the cost of guaranteed loans and insured loans, $8,114,000, of 
which not to exceed $964,000 is for administrative expenses, as 
authorized by the Indian Financing Act of 1974, as amended: Provided, 
That such costs, including the cost of modifying such loans, shall be 
as defined in section 502 of the Congressional Budget Act of 1974: 
Provided further, That these funds are available to subsidize total 
loan principal, any part of which is to be guaranteed or insured, not 
to exceed $85,242,280.

                       administrative provisions

    The Bureau of Indian Affairs may carry out the operation of Indian 
programs by direct expenditure, contracts, cooperative agreements, 
compacts, and grants, either directly or in cooperation with States and 
other organizations.
    Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs may 
contract for services in support of the management, operation, and 
maintenance of the Power Division of the San Carlos Irrigation Project.
    Appropriations for the Bureau of Indian Affairs (except the 
Revolving Fund for Loans Liquidating Account, Indian Loan Guaranty and 
Insurance Fund Liquidating Account, Indian Guaranteed Loan Financing 
Account, Indian Direct Loan Financing Account, and the Indian 
Guaranteed Loan Program account) shall be available for expenses of 
exhibits.
    Notwithstanding any other provision of law, no funds available to 
the Bureau of Indian Affairs for central office oversight and Executive 
Direction and Administrative Services (except executive direction and 
administrative services funding for Tribal Priority Allocations, 
regional offices, and facilities operations and maintenance) shall be 
available for contracts, grants, compacts, or cooperative agreements 
with the Bureau of Indian Affairs under the provisions of the Indian 
Self-Determination Act or the Tribal Self-Governance Act of 1994 
(Public Law 103-413).
    In the event any tribe returns appropriations made available by 
this Act to the Bureau of Indian Affairs, this action shall not 
diminish the Federal Government's trust responsibility to that tribe, 
or the government-to-government relationship between the United States 
and that tribe, or that tribe's ability to access future 
appropriations.
    Notwithstanding any other provision of law, no funds available to 
the Bureau, other than the amounts provided herein for assistance to 
public schools under 25 U.S.C. 452 et seq., shall be available to 
support the operation of any elementary or secondary school in the 
State of Alaska.
    Appropriations made available in this or any other Act for schools 
funded by the Bureau shall be available only to the schools in the 
Bureau school system as of September 1, 1996. No funds available to the 
Bureau shall be used to support expanded grades for any school or 
dormitory beyond the grade structure in place or approved by the 
Secretary of the Interior at each school in the Bureau school system as 
of October 1, 1995, except that any school or school program that was 
closed and removed from the Bureau school system between 1951 and 1972, 
and its respective tribe's relationship with the Federal Government was 
terminated, shall be reinstated to the Bureau system and supported at a 
level based on its grade structure and average student enrollment for 
the 2009-2010, 2010-2011 and 2011-2012 school years. Funds made 
available under this Act may not be used to establish a charter school 
at a Bureau-funded school (as that term is defined in section 1141 of 
the Education Amendments of 1978 (25 U.S.C. 2021)), except that a 
charter school that is in existence on the date of the enactment of 
this Act and that has operated at a Bureau-funded school before 
September 1, 1999, may continue to operate during that period, but only 
if the charter school pays to the Bureau a pro rata share of funds to 
reimburse the Bureau for the use of the real and personal property 
(including buses and vans), the funds of the charter school are kept 
separate and apart from Bureau funds, and the Bureau does not assume 
any obligation for charter school programs of the State in which the 
school is located if the charter school loses such funding. Employees 
of Bureau-funded schools sharing a campus with a charter school and 
performing functions related to the charter school's operation and 
employees of a charter school shall not be treated as Federal employees 
for purposes of chapter 171 of title 28, United States Code.
    Notwithstanding any other provision of law, including section 113 
of title I of appendix C of Public Law 106-113, if in fiscal year 2003 
or 2004 a grantee received indirect and administrative costs pursuant 
to a distribution formula based on section 5(f) of Public Law 101-301, 
the Secretary shall continue to distribute indirect and administrative 
cost funds to such grantee using the section 5(f) distribution formula.

                          Departmental Offices

                        Office of the Secretary

                        departmental operations

    For necessary expenses for management of the Department of the 
Interior, including the collection and disbursement of royalties, fees, 
and other mineral revenue proceeds, as authorized by law, $250,151,000 
to remain available until September 30, 2013; of which not to exceed 
$15,000 may be for official reception and representation expenses; and 
of which up to $1,000,000 shall be available for workers compensation 
payments and unemployment compensation payments associated with the 
orderly closure of the United States Bureau of Mines; and of which 
$12,112,000 for the Office of Valuation Services is to be derived from 
the Land and Water Conservation Fund and shall remain available until 
expended; and of which $36,000,000 shall remain available until 
expended for the purpose of mineral revenue management activities: 
Provided, That, for fiscal year 2012, up to $400,000 of the payments 
authorized by the Act of October 20, 1976, as amended (31 U.S.C. 6901-
6907) may be retained for administrative expenses of the Payments in 
Lieu of Taxes Program: Provided further, That no payment shall be made 
pursuant to that Act to otherwise eligible units of local government if 
the computed amount of the payment is less than $100: Provided further, 
That notwithstanding any other provision of law, $15,000 under this 
heading shall be available for refunds of overpayments in connection 
with certain Indian leases in which the Secretary concurred with the 
claimed refund due, to pay amounts owed to Indian allottees or tribes, 
or to correct prior unrecoverable erroneous payments: Provided further, 
That, notwithstanding the provisions of section 35(b) of the Mineral 
Leasing Act, as amended (30 U.S.C. 191(b)), the Secretary shall deduct 
2 percent from the amount payable to each State in fiscal year 2012 and 
deposit the amount deducted to miscellaneous receipts of the Treasury.

                            Insular Affairs

                       assistance to territories

    For expenses necessary for assistance to territories under the 
jurisdiction of the Department of the Interior, $82,558,000, of which: 
(1) $73,296,000 shall remain available until expended for territorial 
assistance, including general technical assistance, maintenance 
assistance, disaster assistance, insular management controls, coral 
reef initiative activities, and brown tree snake control and research; 
grants to the judiciary in American Samoa for compensation and 
expenses, as authorized by law (48 U.S.C. 1661(c)); grants to the 
Government of American Samoa, in addition to current local revenues, 
for construction and support of governmental functions; grants to the 
Government of the Virgin Islands as authorized by law; grants to the 
Government of Guam, as authorized by law; and grants to the Government 
of the Northern Mariana Islands as authorized by law (Public Law 94-
241; 90 Stat. 272); and (2) $9,262,000 shall be available until 
September 30, 2013 for salaries and expenses of the Office of Insular 
Affairs: Provided, That all financial transactions of the territorial 
and local governments herein provided for, including such transactions 
of all agencies or instrumentalities established or used by such 
governments, may be audited by the Government Accountability Office, at 
its discretion, in accordance with chapter 35 of title 31, United 
States Code: Provided further, That Northern Mariana Islands Covenant 
grant funding shall be provided according to those terms of the 
Agreement of the Special Representatives on Future United States 
Financial Assistance for the Northern Mariana Islands approved by 
Public Law 104-134: Provided further, That the funds for the program of 
operations and maintenance improvement are appropriated to 
institutionalize routine operations and maintenance improvement of 
capital infrastructure with territorial participation and cost sharing 
to be determined by the Secretary based on the grantee's commitment to 
timely maintenance of its capital assets: Provided further, That any 
appropriation for disaster assistance under this heading in this Act or 
previous appropriations Acts may be used as non-Federal matching funds 
for the purpose of hazard mitigation grants provided pursuant to 
section 404 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170c).

                      compact of free association

    For grants and necessary expenses, $3,307,000, to remain available 
until expended, as provided for in sections 221(a)(2) of the Compact of 
Free Association for the Republic of Palau; and section 221(a)(2) of 
the Compacts of Free Association for the Government of the Republic of 
the Marshall Islands and the Federated States of Micronesia, as 
authorized by Public Law 99-658 and Public Law 108-188.

                       Administrative Provisions

                     (including transfer of funds)

    At the request of the Governor of Guam, the Secretary may transfer 
discretionary funds or mandatory funds provided under section 104(e) of 
Public Law 108-188 and Public Law 104-134, that are allocated for Guam, 
to the Secretary of Agriculture for the subsidy cost of direct or 
guaranteed loans, plus not to exceed three percent of the amount of the 
subsidy transferred for the cost of loan administration, for the 
purposes authorized by the Rural Electrification Act of 1936 and 
section 306(a)(1) of the Consolidated Farm and Rural Development Act 
for construction and repair projects in Guam, and such funds shall 
remain available until expended: Provided, That such costs, including 
the cost of modifying such loans, shall be as defined in section 502 of 
the Congressional Budget Act of 1974: Provided further, That such loans 
or loan guarantees may be made without regard to the population of the 
area, credit elsewhere requirements, and restrictions on the types of 
eligible entities under the Rural Electrification Act of 1936 and 
section 306(a)(1) of the Consolidated Farm and Rural Development Act: 
Provided further, That any funds transferred to the Secretary of 
Agriculture shall be in addition to funds otherwise made available to 
make or guarantee loans under such authorities.

                        Office of the Solicitor

                         salaries and expenses

    For necessary expenses of the Office of the Solicitor, $64,946,000.

                      Office of Inspector General

                         salaries and expenses

    For necessary expenses of the Office of Inspector General, 
$48,493,000.

           Office of the Special Trustee for American Indians

                         federal trust programs

                     (including transfer of funds)

    For the operation of trust programs for Indians by direct 
expenditure, contracts, cooperative agreements, compacts, and grants, 
$152,319,000, to remain available until expended, of which not to 
exceed $31,171,000, from this or any other Act, shall be available for 
historical accounting: Provided, That funds for trust management 
improvements and litigation support may, as needed, be transferred to 
or merged with the Bureau of Indian Affairs, ``Operation of Indian 
Programs'' account; the Office of the Solicitor, ``Salaries and 
Expenses'' account; and the Office of the Secretary, ``Salaries and 
Expenses'' account: Provided further, That funds made available through 
contracts or grants obligated during fiscal year 2012, as authorized by 
the Indian Self-Determination Act of 1975 (25 U.S.C. 450 et seq.), 
shall remain available until expended by the contractor or grantee: 
Provided further, That, notwithstanding any other provision of law, the 
statute of limitations shall not commence to run on any claim, 
including any claim in litigation pending on the date of the enactment 
of this Act, concerning losses to or mismanagement of trust funds, 
until the affected tribe or individual Indian has been furnished with 
an accounting of such funds from which the beneficiary can determine 
whether there has been a loss: Provided further, That, notwithstanding 
any other provision of law, the Secretary shall not be required to 
provide a quarterly statement of performance for any Indian trust 
account that has not had activity for at least 18 months and has a 
balance of $15.00 or less: Provided further, That the Secretary shall 
issue an annual account statement and maintain a record of any such 
accounts and shall permit the balance in each such account to be 
withdrawn upon the express written request of the account holder: 
Provided further, That not to exceed $50,000 is available for the 
Secretary to make payments to correct administrative errors of either 
disbursements from or deposits to Individual Indian Money or Tribal 
accounts after September 30, 2002: Provided further, That erroneous 
payments that are recovered shall be credited to and remain available 
in this account for this purpose.

                        Department-wide Programs

                        wildland fire management

                     (including transfers of funds)

    For necessary expenses for fire preparedness, suppression 
operations, fire science and research, emergency rehabilitation, 
hazardous fuels reduction, and rural fire assistance by the Department 
of the Interior, $574,072,000, to remain available until expended, of 
which not to exceed $6,137,000 shall be for the renovation or 
construction of fire facilities: Provided, That such funds are also 
available for repayment of advances to other appropriation accounts 
from which funds were previously transferred for such purposes: 
Provided further, That persons hired pursuant to 43 U.S.C. 1469 may be 
furnished subsistence and lodging without cost from funds available 
from this appropriation: Provided further, That notwithstanding 42 
U.S.C. 1856d, sums received by a bureau or office of the Department of 
the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et 
seq., protection of United States property, may be credited to the 
appropriation from which funds were expended to provide that 
protection, and are available without fiscal year limitation: Provided 
further, That using the amounts designated under this title of this 
Act, the Secretary of the Interior may enter into procurement 
contracts, grants, or cooperative agreements, for hazardous fuels 
reduction activities, and for training and monitoring associated with 
such hazardous fuels reduction activities, on Federal land, or on 
adjacent non-Federal land for activities that benefit resources on 
Federal land: Provided further, That the costs of implementing any 
cooperative agreement between the Federal Government and any non-
Federal entity may be shared, as mutually agreed on by the affected 
parties: Provided further, That notwithstanding requirements of the 
Competition in Contracting Act, the Secretary, for purposes of 
hazardous fuels reduction activities, may obtain maximum practicable 
competition among: (1) local private, nonprofit, or cooperative 
entities; (2) Youth Conservation Corps crews, Public Lands Corps 
(Public Law 109-154), or related partnerships with State, local, or 
non-profit youth groups; (3) small or micro-businesses; or (4) other 
entities that will hire or train locally a significant percentage, 
defined as 50 percent or more, of the project workforce to complete 
such contracts: Provided further, That in implementing this section, 
the Secretary shall develop written guidance to field units to ensure 
accountability and consistent application of the authorities provided 
herein: Provided further, That funds appropriated under this heading 
may be used to reimburse the United States Fish and Wildlife Service 
and the National Marine Fisheries Service for the costs of carrying out 
their responsibilities under the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.) to consult and conference, as required by section 
7 of such Act, in connection with wildland fire management activities: 
Provided further, That the Secretary of the Interior may use wildland 
fire appropriations to enter into leases of real property with local 
governments, at or below fair market value, to construct capitalized 
improvements for fire facilities on such leased properties, including 
but not limited to fire guard stations, retardant stations, and other 
initial attack and fire support facilities, and to make advance 
payments for any such lease or for construction activity associated 
with the lease: Provided further, That the Secretary of the Interior 
and the Secretary of Agriculture may authorize the transfer of funds 
appropriated for wildland fire management, in an aggregate amount not 
to exceed $50,000,000, between the Departments when such transfers 
would facilitate and expedite jointly funded wildland fire management 
programs and projects: Provided further, That funds provided for 
wildfire suppression shall be available for support of Federal 
emergency response actions: Provided further, That funds appropriated 
under this heading shall be available for assistance to or through the 
Department of State in connection with forest and rangeland research, 
technical information, and assistance in foreign countries, and, with 
the concurrence of the Secretary of State, shall be available to 
support forestry, wildland fire management, and related natural 
resource activities outside the United States and its territories and 
possessions, including technical assistance, education and training, 
and cooperation with United States and international organizations: 
Provided further, That, before obligating any of the funds provided 
herein for wildland fire suppression, the Secretary of the Interior 
shall obligate all unobligated balances previously made available under 
this heading that, when appropriated, were designated by Congress as an 
emergency requirement pursuant to the Concurrent Resolution on the 
Budget or the Balanced Budget and Emergency Deficit Control Act of 1985 
and notify the Committees on Appropriations of the House of 
Representatives and the Senate in writing of the imminent need to begin 
obligating funds provided herein for wildland fire suppression: 
Provided further, That the Secretary of the Interior may transfer not 
more than $50,000,000 of the funds provided herein to the Secretary of 
Agriculture if the Secretaries determine that the transfer will enhance 
the efficiency or effectiveness of Federal wildland fire suppression 
activities.

                flame wildfire suppression reserve fund

                     (including transfer of funds)

    For necessary expenses for large fire suppression operations of the 
Department of the Interior and as a reserve fund for suppression and 
Federal emergency response activities, $92,000,000, to remain available 
until expended: Provided, That such amounts are available only for 
transfer to the ``Wildland Fire Management'' account and only following 
a declaration by the Secretary that either (1) a wildland fire 
suppression event meets certain previously-established risk-based 
written criteria for significant complexity, severity, or threat posed 
by the fire or (2) funds in the ``Wildland Fire Management'' account 
will be exhausted within 30 days.

                    central hazardous materials fund

    For necessary expenses of the Department of the Interior and any of 
its component offices and bureaus for the response action, including 
associated activities, performed pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act, as amended (42 
U.S.C. 9601 et seq.), $10,149,000, to remain available until expended.

           natural resource damage assessment and restoration

                natural resource damage assessment fund

    To conduct natural resource damage assessment and restoration 
activities by the Department of the Interior necessary to carry out the 
provisions of the Comprehensive Environmental Response, Compensation, 
and Liability Act, as amended (42 U.S.C. 9601 et seq.), the Federal 
Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.), the 
Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and Public Law 101-
337, as amended (16 U.S.C. 19jj et seq.), $5,763,000, to remain 
available until expended.

                          working capital fund

    For the acquisition of a departmental financial and business 
management system, information technology improvements of general 
benefit to the Department, and consolidation of facilities and 
operations throughout the Department, $57,019,000, to remain available 
until expended: Provided, That none of the funds appropriated in this 
Act or any other Act may be used to establish reserves in the Working 
Capital Fund account other than for accrued annual leave and 
depreciation of equipment without prior approval of the House and 
Senate Committees on Appropriations: Provided further, That the 
Secretary may assess reasonable charges to State, local and tribal 
government employees for training services provided by the National 
Indian Program Training Center, other than training related to Public 
Law 93-638: Provided further, That the Secretary may lease or otherwise 
provide space and related facilities, equipment or professional 
services of the National Indian Program Training Center to State, local 
and tribal government employees or persons or organizations engaged in 
cultural, educational, or recreational activities (as defined in 
section 3306(a) of title 40, United States Code) at the prevailing rate 
for similar space, facilities, equipment, or services in the vicinity 
of the National Indian Program Training Center: Provided further, That 
all funds received pursuant to the two preceding provisos shall be 
credited to this account, shall be available until expended, and shall 
be used by the Secretary for necessary expenses of the National Indian 
Program Training Center.

                        administrative provision

    There is hereby authorized for acquisition from available resources 
within the Working Capital Fund, 15 aircraft, 10 of which shall be for 
replacement and which may be obtained by donation, purchase or through 
available excess surplus property: Provided, That existing aircraft 
being replaced may be sold, with proceeds derived or trade-in value 
used to offset the purchase price for the replacement aircraft.

             General Provisions, Department of the Interior

                     (including transfers of funds)

               emergency transfer authority--intra-bureau

    Sec. 101.  Appropriations made in this title shall be available for 
expenditure or transfer (within each bureau or office), with the 
approval of the Secretary, for the emergency reconstruction, 
replacement, or repair of aircraft, buildings, utilities, or other 
facilities or equipment damaged or destroyed by fire, flood, storm, or 
other unavoidable causes: Provided, That no funds shall be made 
available under this authority until funds specifically made available 
to the Department of the Interior for emergencies shall have been 
exhausted: Provided further, That all funds used pursuant to this 
section must be replenished by a supplemental appropriation which must 
be requested as promptly as possible.

             emergency transfer authority--department-wide

    Sec. 102.  The Secretary may authorize the expenditure or transfer 
of any no year appropriation in this title, in addition to the amounts 
included in the budget programs of the several agencies, for the 
suppression or emergency prevention of wildland fires on or threatening 
lands under the jurisdiction of the Department of the Interior; for the 
emergency rehabilitation of burned-over lands under its jurisdiction; 
for emergency actions related to potential or actual earthquakes, 
floods, volcanoes, storms, or other unavoidable causes; for contingency 
planning subsequent to actual oil spills; for response and natural 
resource damage assessment activities related to actual oil spills or 
releases of hazardous substances into the environment; for the 
prevention, suppression, and control of actual or potential grasshopper 
and Mormon cricket outbreaks on lands under the jurisdiction of the 
Secretary, pursuant to the authority in section 417(b) of Public Law 
106-224 (7 U.S.C. 7717(b)); for emergency reclamation projects under 
section 410 of Public Law 95-87; and shall transfer, from any no year 
funds available to the Office of Surface Mining Reclamation and 
Enforcement, such funds as may be necessary to permit assumption of 
regulatory authority in the event a primacy State is not carrying out 
the regulatory provisions of the Surface Mining Act: Provided, That 
appropriations made in this title for wildland fire operations shall be 
available for the payment of obligations incurred during the preceding 
fiscal year, and for reimbursement to other Federal agencies for 
destruction of vehicles, aircraft, or other equipment in connection 
with their use for wildland fire operations, such reimbursement to be 
credited to appropriations currently available at the time of receipt 
thereof: Provided further, That for wildland fire operations, no funds 
shall be made available under this authority until the Secretary 
determines that funds appropriated for ``wildland fire operations'' and 
``FLAME Wildfire Suppression Reserve Fund'' shall be exhausted within 
30 days: Provided further, That all funds used pursuant to this section 
must be replenished by a supplemental appropriation which must be 
requested as promptly as possible: Provided further, That such 
replenishment funds shall be used to reimburse, on a pro rata basis, 
accounts from which emergency funds were transferred.

                        authorized use of funds

    Sec. 103.  Appropriations made to the Department of the Interior in 
this title shall be available for services as authorized by section 
3109 of title 5, United States Code, when authorized by the Secretary, 
in total amount not to exceed $500,000; purchase and replacement of 
motor vehicles, including specially equipped law enforcement vehicles; 
hire, maintenance, and operation of aircraft; hire of passenger motor 
vehicles; purchase of reprints; payment for telephone service in 
private residences in the field, when authorized under regulations 
approved by the Secretary; and the payment of dues, when authorized by 
the Secretary, for library membership in societies or associations 
which issue publications to members only or at a price to members lower 
than to subscribers who are not members.

            authorized use of funds, indian trust management

    Sec. 104.  Appropriations made in this Act under the headings 
Bureau of Indian Affairs and Office of the Special Trustee for American 
Indians and any unobligated balances from prior appropriations Acts 
made under the same headings shall be available for expenditure or 
transfer for Indian trust management and reform activities. Total 
funding for historical accounting activities shall not exceed amounts 
specifically designated in this Act for such purpose.

           redistribution of funds, bureau of indian affairs

    Sec. 105.  Notwithstanding any other provision of law, the 
Secretary of the Interior is authorized to redistribute any Tribal 
Priority Allocation funds, including tribal base funds, to alleviate 
tribal funding inequities by transferring funds to address identified, 
unmet needs, dual enrollment, overlapping service areas or inaccurate 
distribution methodologies. No tribe shall receive a reduction in 
Tribal Priority Allocation funds of more than 10 percent in fiscal year 
2012. Under circumstances of dual enrollment, overlapping service areas 
or inaccurate distribution methodologies, the 10 percent limitation 
does not apply.

                      twin cities research center

    Sec. 106.  Notwithstanding any other provision of law, in conveying 
the Twin Cities Research Center under the authority provided by Public 
Law 104-134, the Secretary may accept and retain land and other forms 
of reimbursement: Provided, That the Secretary may retain and use any 
such reimbursement until expended and without further appropriation: 
(1) for the benefit of the National Wildlife Refuge System within the 
State of Minnesota; and (2) for all activities authorized by section 
701 of Public Law 100-696 (16 U.S.C. 460zz).

                            payment of fees

    Sec. 107.  The Secretary of the Interior may use discretionary 
funds to pay private attorney fees and costs for employees and former 
employees of the Department of the Interior reasonably incurred in 
connection with Cobell v. Salazar to the extent that such fees and 
costs are not paid by the Department of Justice or by private 
insurance. In no case shall the Secretary make payments under this 
section that would result in payment of hourly fees in excess of the 
highest hourly rate approved by the District Court for the District of 
Columbia for counsel in Cobell v. Salazar.

                    everglades ecosystem restoration

    Sec. 108.  This and any subsequent fiscal year, the National Park 
Service is authorized to implement modifications to the Tamiami Trail 
as described in, and in accordance with, the preferred alternative 
identified in the final environmental impact statement noticed in the 
Federal Register on December 14, 2010, (75 Fed. Reg. 77896), relating 
to restoration efforts of the Everglades ecosystem.

                 ellis, governors, and liberty islands

    Sec. 109.  Notwithstanding any other provision of law, the 
Secretary of the Interior is authorized to acquire lands, waters, or 
interests therein including the use of all or part of any pier, dock, 
or landing within the State of New York and the State of New Jersey, 
for the purpose of operating and maintaining facilities in the support 
of transportation and accommodation of visitors to Ellis, Governors, 
and Liberty Islands, and of other program and administrative 
activities, by donation or with appropriated funds, including franchise 
fees (and other monetary consideration), or by exchange; and the 
Secretary is authorized to negotiate and enter into leases, subleases, 
concession contracts or other agreements for the use of such facilities 
on such terms and conditions as the Secretary may determine reasonable.

                         indian probate judges

    Sec. 110.  In fiscal year 2012 and each fiscal year thereafter, for 
the purpose of adjudicating Indian probate cases in the Department of 
the Interior, the hearing requirements of chapter 10 of title 25, 
United States Code, are deemed satisfied by a proceeding conducted by 
an Indian probate judge, appointed by the Secretary without regard to 
the provisions of title 5, United States Code, governing the 
appointments in the competitive service, for such period of time as the 
Secretary determines necessary: Provided, That the basic pay of an 
Indian probate judge so appointed may be fixed by the Secretary without 
regard to the provisions of chapter 51, and subchapter III of chapter 
53 of title 5, United States Code, governing the classification and pay 
of General Schedule employees, except that no such Indian probate judge 
may be paid at a level which exceeds the maximum rate payable for the 
highest grade of the General Schedule, including locality pay.

     bureau of ocean energy management, regulation and enforcement 
                             reorganization

    Sec. 111.  The Secretary of the Interior, in order to implement a 
reorganization of the Bureau of Ocean Energy Management, Regulation and 
Enforcement, may establish accounts and transfer funds among and 
between the offices and bureaus affected by the reorganization only in 
conformance with the reprogramming guidelines described in the report 
accompanying this Act.

                authorized use of indian education funds

    Sec. 112.  Beginning July 1, 2008, any funds (including investments 
and interest earned, except for construction funds) held by a Public 
Law 100-297 grant or a Public Law 93-638 contract school shall, upon 
retrocession to or re-assumption by the Bureau of Indian Education, 
remain available to the Bureau of Indian Education for a period of 5 
years from the date of retrocession or re-assumption for the benefit of 
the programs approved for the school on October 1, 1995.

  contracts and agreements for wild horse and burro holding facilities

    Sec. 113. (a) Notwithstanding any other provision of this Act, the 
Secretary of the Interior may enter into multiyear cooperative 
agreements with nonprofit organizations and other appropriate entities, 
and may enter into multiyear contracts in accordance with the 
provisions of section 304B of the Federal Property and Administrative 
Services Act of 1949 (41 U.S.C. 254c) (except that the 5 year term 
restriction in subsection (d) shall not apply), for the long-term care 
and maintenance of excess wild free roaming horses and burros by such 
organizations or entities on private land. Such cooperative agreements 
and contracts may not exceed 10 years, subject to renewal at the 
discretion of the Secretary.
    (b) During fiscal year 2012 and subsequent fiscal years, in 
carrying out work involving cooperation with any State or political 
subdivision thereof, the Bureau of Land Management may record 
obligations against accounts receivable from any such entities.

              bureau of indian education operated schools

    Sec. 114. (a)(1) Nothwithstanding section 586(c) of title 40, 
United States Code, the head of a Bureau-operated school is authorized 
to enter into agreements with public and private persons and entities 
that provide for such persons and entities to rent or lease the land or 
facilities of the school in exchange for a consideration (in the form 
of funds) that benefits the school, as determined by the head of the 
school when such rent or lease does not interfere with school 
operations.
    (2) Funds received under paragraph (1) shall be retained by the 
school and used for school purposes otherwise authorized by law. Any 
funds received under paragraph (1) are hereby made available until 
expended for such purposes, notwithstanding section 3302 of title 31, 
United States Code.
    (3) Nothing in this section shall be construed to allow for the 
diminishment of, or otherwise affect, the appropriation of funds to the 
budget accounts for the operation and maintenance of Bureau-operated 
schools. No funds shall be withheld from the distribution to the budget 
of any Bureau-operated school due to the receipt by the school of a 
benefit in accordance with this section.
    (b) Notwithstanding any provision of title 5, United States Code, 
or any regulation promulgated under such title, education personnel who 
are under the direction and supervision of the Secretary of the 
Interior may participate in a fundraising activity for the benefit of a 
Bureau-operated school in an official capacity as part of their 
official duties. When participating in such an official capacity, the 
employee may use the employee's official title, position, and 
authority. Nothing in this subsection shall be construed to authorize 
participation in political activity (as such term is used in section 
7324 of title 5, United States Code) otherwise prohibited by law.
    (c) The Secretary of the Interior shall promulgate regulations to 
carry out this section not later than 12 months after the date of the 
enactment of this Act. Such regulations shall include--
    (1) provisions for the establishment and administration of 
mechanisms for the acceptance of consideration for the use and benefit 
of a school in accordance with this section (including, in appropriate 
cases, the establishment and administration of trust funds);
    (2) accountability standards to ensure ethical conduct; and
    (3) provisions for monitoring the amount and terms of consideration 
received, the manner in which the consideration is used, and any 
results achieved by such use.
    (d) Provisions of this section shall apply to fiscal year 2012 and 
subsequent fiscal years.

                       mass marking of salmonids

    Sec. 115.  The United States Fish and Wildlife Service shall, in 
carrying out its responsibilities to protect threatened and endangered 
species of salmon, implement a system of mass marking of salmonid 
stocks, intended for harvest, that are released from federally operated 
or federally financed hatcheries including but not limited to fish 
releases of coho, chinook, and steelhead species. Marked fish must have 
a visible mark that can be readily identified by commercial and 
recreational fishers.

                    yukon-charley national preserve

    Sec. 116.  None of the funds made available by this Act may be used 
by the Secretary of the Interior to implement or enforce regulations 
concerning boating and other activities on or relating to waters 
located within Yukon-Charley National Preserve, including waters 
subject to the jurisdiction of the United States, pursuant to section 
3(h) of Public Law 91-383 (16 U.S.C. 1a-2(h)) or any other authority. 
This section does not affect the authority of the Coast Guard to 
regulate the use of waters subject to the jurisdiction of the United 
States within the Yukon-Charley National Preserve.

                         direct hire authority

    Sec. 117. (a) Direct Hire Authority.--During fiscal year 2012 and 
thereafter, the Secretary of the Interior may appoint, without regard 
to the provisions of subchapter I of chapter 33 of title 5, United 
States Code, other than sections 3303 and 3328 of such title, a 
qualified candidate described in subsection (b) directly to a position 
with a land managing agency of the Department of the Interior for which 
the candidate meets Office of Personnel Management qualification 
standards.
    (b) Qualified Candidates Described.--Subsection (a) applies with 
respect to a former resource assistant (as defined in section 203 of 
the Public Land Corps Act (16 U.S.C. 1722)) who--
            (1) completed a rigorous undergraduate or graduate summer 
        internship with a land managing agency, such as the National 
        Park Service Business Plan Internship;
            (2) successfully fulfilled the requirements of the 
        internship program; and
            (3) subsequently earned an undergraduate or graduate degree 
        from an accredited institution of higher education.
    (c) Duration.--The direct hire authority under this section may not 
be exercised with respect to a specific qualified candidate after the 
end of the 2-year period beginning on the date on which the candidate 
completed the undergraduate or graduate degree, as the case may be.

      review process for certain bureau of land management actions

    Sec. 118. (a) Exhaustion of Administrative Review Required.--
Hereafter, a person may bring a civil action challenging a proposed 
action of the Bureau of Land Management concerning grazing on public 
lands (as defined in section 103(e) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1702(e))) or an amendment to a land 
use plan proposed under section 202 of such Act (43 U.S.C. 1712) in a 
Federal district court only if the person has challenged the action or 
amendment at the agency level and exhausted the administrative hearings 
and appeals procedures established by the Department of the Interior.
    (b) Issue Limitation.--An issue may be considered in the judicial 
review of an action or amendment referred to in subsection (a) only if 
the issue was raised in the administrative review process described in 
such subsection.
    (c) Exception.--An exception to the requirement of exhausting the 
administrative review process before seeking judicial review shall be 
available if a Federal court finds that the agency failed or was unable 
to make information timely available during the administrative review 
process for issues of material fact. For the purposes of this 
subsection, ``timely'' means within 120 calender days from the date 
that the challenge to the agency action or amendment at issue is 
received for administrative review.

                              gray wolves

    Sec. 119.  Hereafter, any final rule published by the Department of 
the Interior that provides that the gray wolf (Canis lupus) in the 
State of Wyoming or in any of the States within the range of the 
Western Great Lakes Distinct Population Segment of the gray wolf (as 
defined in the rule published on May 5, 2011 (76 Fed. Reg. 26086 et 
seq.)) is not an endangered species or threatened species under the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), including any 
rule to remove such species in such a State from the list of endangered 
species or threatened species published under that Act, shall not be 
subject to judicial review if such State has entered into an agreement 
with the Secretary of the Interior that authorizes the State to manage 
gray wolves in that State.

                  trailing livestock over public land

    Sec. 120.  During fiscal years 2012 through 2014, the trailing of 
livestock across public land (as defined by section 103 of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1702)) and the 
implementation of trailing practices by the Bureau of Land Management 
shall not be subject to review under section 102(2)(C) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).

                      boemre reporting requirements

    Sec. 121.  The Secretary of the Interior shall--
            (1) log and track the specific reasons for the Bureau of 
        Ocean Energy Management, Regulation and Enforcement returning 
        to an applicant, without approval, any exploration plan, 
        development and production plan, development operations 
        coordination document, or application for permit to drill 
        submitted with respect to any oil and gas lease for the Outer 
        Continental Shelf; and
            (2) provide quarterly reports to the Committee on 
        Appropriations and Committee on Natural Resources of the House 
        of Representatives and the Committee on Appropriations and 
        Committee on Energy and Natural Resources of the Senate that 
        include--
                    (A) the date of original submission of each 
                document referred to in paragraph (1) received by the 
                Bureau in the period covered by a report;
                    (B) for each such document--
                            (i) the date the document was returned to 
                        the applicant;
                            (ii) the date the document is treated by 
                        the Bureau as submitted; and
                            (iii) the date of final agency action the 
                        document.

                           lease authorization

    Sec. 122. (a) In General.--The Secretary of the Interior (referred 
to in this section as the ``Secretary'') may lease to the Savannah Bar 
Pilots Association, or a successor organization, no more than 30,000 
square feet of land and improvements within Fort Pulaski National 
Monument (referred to in this section as the ``Monument'') at the 
location on Cockspur Island that has been used continuously by the 
Savannah Bar Pilots Association since 1940.
    (b) Rental Fee and Proceeds.--
            (1) Rental fee.--For the lease authorized by this Act, the 
        Secretary shall require a rental fee based on fair market value 
        adjusted, as the Secretary deems appropriate, for amounts to be 
        expended by the lessee for property preservation, maintenance, 
        or repair and related expenses.
            (2) Proceeds.--Disposition of the proceeds from the rental 
        fee required pursuant to paragraph (1) shall be made in 
        accordance with section 3(k)(5) of Public Law 91-383 (16 U.S.C. 
        1a-2(k)(5)).
    (c) Terms and Conditions.--A lease entered into under this 
section--
            (1) shall be for a term of no more than 10 years and, at 
        the Secretary's discretion, for successive terms of no more 
        than 10 years at a time; and
            (2) shall include any terms and conditions the Secretary 
        determines to be necessary to protect the resources of the 
        Monument and the public interest.
    (d) Exemption From Applicable Law.--Except as provided in section 
2(b)(2) of this Act, the lease authorized by this Act shall not be 
subject to section 3(k) of Public Law 91-383 (16 U.S.C. 1a-2(k)) or 
section 321 of Act of June 30, 1932 (40 U.S.C. 1302).

                self-determination demonstration project

    Sec. 123.  The Director of the Bureau of Indian Affairs shall 
reinstate the Demonstration Project that was in place from 2004 until 
2008 for the Indian tribes within the California Tribal Trust Reform 
Consortium, the Salt River Pima-Maricopa Indian Community, the 
Confederated Salish and Kootenai Tribes of the Flathead Reservation, 
and the Chippewa Cree Tribe of the Rocky Boys Reservation; shall 
thereby ensure that the participating tribes shall be able to continue 
operations independent of the Department of the Interior's trust reform 
and reorganization; and shall not impose its trust management 
infrastructure upon or alter the existing trust resource management 
systems of the above referenced tribes having a self-governance compact 
and operating in accordance with the Tribal Self-Governance Program set 
forth in title IV of Public Law 93-638 (25 U.S.C. 458aa-458hh): 
Provided, That the California Trust Reform Consortium and any other 
participating Indian tribe agree to carry out their responsibilities 
under the same written and implemented fiduciary standards as those 
being carried by the Secretary of the Interior, including complying 
with section 102 of Public Law 103-412 (25 U.S.C. 4011): Provided 
further, That participating Indian tribes shall timely transfer funds 
and supply sufficient data to enable the Secretary of the Interior to 
comply with section 102 of Public Law 103-412 (25 U.S.C. 4011) for 
accounts that are maintained by the Department of the Interior when 
funds are being collected by the Indian tribes: Provided further, That 
such Indian tribes demonstrate to the satisfaction of the Secretary of 
the Interior that they have the capability to do so: Provided further, 
That the Secretary of the Interior shall provide funds to the Indian 
tribes in an amount equal to that required by section 403(g) of Public 
Law 93-638 (25 U.S.C. 458cc(g)(3)), including funds specifically or 
functionally related to the provision of trust services to the Indian 
tribes or their members.

                     wild lands funding prohibition

    Sec. 124.  None of the funds made available in this Act or any 
other Act may be used to implement, administer, or enforce Secretarial 
Order No. 3310 issued by the Secretary of the Interior on December 22, 
2010.

               TITLE II--ENVIRONMENTAL PROTECTION AGENCY

                         Science and Technology

    For science and technology, including research and development 
activities, which shall include research and development activities 
under the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended; necessary expenses for personnel and 
related costs and travel expenses; procurement of laboratory equipment 
and supplies; and other operating expenses in support of research and 
development, $754,611,000, to remain available until September 30, 
2013.

                 Environmental Programs and Management

    For environmental programs and management, including necessary 
expenses, not otherwise provided for, for personnel and related costs 
and travel expenses; hire of passenger motor vehicles; hire, 
maintenance, and operation of aircraft; purchase of reprints; library 
memberships in societies or associations which issue publications to 
members only or at a price to members lower than to subscribers who are 
not members; administrative costs of the brownfields program under the 
Small Business Liability Relief and Brownfields Revitalization Act of 
2002; and not to exceed $19,000 for official reception and 
representation expenses, $2,498,433,000, to remain available until 
September 30, 2013: Provided, That of the funds included under this 
heading, not less than $346,280,000 shall be for the Geographic 
Programs specified in the explanatory statement accompanying this Act.

                      Office of Inspector General

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $41,099,000, to remain available until September 30, 2013.

                        Buildings and Facilities

    For construction, repair, improvement, extension, alteration, and 
purchase of fixed equipment or facilities of, or for use by, the 
Environmental Protection Agency, $36,428,000, to remain available until 
expended.

                     Hazardous Substance Superfund

                     (including transfers of funds)

    For necessary expenses to carry out the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, 
including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 
9611) $1,224,295,000, to remain available until expended, consisting of 
such sums as are available in the Trust Fund on September 30, 2011, as 
authorized by section 517(a) of the Superfund Amendments and 
Reauthorization Act of 1986 (SARA) and up to $1,224,295,000 as a 
payment from general revenues to the Hazardous Substance Superfund for 
purposes as authorized by section 517(b) of SARA, as amended: Provided, 
That funds appropriated under this heading may be allocated to other 
Federal agencies in accordance with section 111(a) of CERCLA: Provided 
further, That of the funds appropriated under this heading, $9,955,000 
shall be paid to the ``Office of Inspector General'' appropriation to 
remain available until September 30, 2013, and $23,016,000 shall be 
paid to the ``Science and Technology'' appropriation to remain 
available until September 30, 2013.

          Leaking Underground Storage Tank Trust Fund Program

    For necessary expenses to carry out leaking underground storage 
tank cleanup activities authorized by subtitle I of the Solid Waste 
Disposal Act, as amended, $105,669,000, to remain available until 
expended, of which $78,051,000 shall be for carrying out leaking 
underground storage tank cleanup activities authorized by section 
9003(h) of the Solid Waste Disposal Act, as amended; $34,430,000 shall 
be for carrying out the other provisions of the Solid Waste Disposal 
Act specified in section 9508(c) of the Internal Revenue Code, as 
amended: Provided, That the Administrator is authorized to use 
appropriations made available under this heading to implement section 
9013 of the Solid Waste Disposal Act to provide financial assistance to 
federally recognized Indian tribes for the development and 
implementation of programs to manage underground storage tanks.

                       Inland Oil Spill Programs

    For expenses necessary to carry out the Environmental Protection 
Agency's responsibilities under the Oil Pollution Act of 1990, 
$18,274,000, to be derived from the Oil Spill Liability trust fund, to 
remain available until expended.

                   State and Tribal Assistance Grants

    For environmental programs and infrastructure assistance, including 
capitalization grants for State revolving funds and performance 
partnership grants, $2,610,393,000, to remain available until expended, 
of which $689,000,000 shall be for making capitalization grants for the 
Clean Water State Revolving Funds under title VI of the Federal Water 
Pollution Control Act, as amended (the ``Act''); of which $829,000,000 
shall be for making capitalization grants for the Drinking Water State 
Revolving Funds under section 1452 of the Safe Drinking Water Act, as 
amended; $60,000,000 shall be to carry out section 104(k) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (CERCLA), as amended, including grants, interagency agreements, 
and associated program support costs; $30,000,000 shall be for grants 
under title VII, subtitle G of the Energy Policy Act of 2005; and 
$1,002,393,000 shall be for grants, including associated program 
support costs, to States, federally recognized tribes, interstate 
agencies, tribal consortia, and air pollution control agencies for 
multi-media or single media pollution prevention, control and abatement 
and related activities, including activities pursuant to the provisions 
set forth under this heading in Public Law 104-134, and for making 
grants under section 103 of the Clean Air Act for particulate matter 
monitoring and data collection activities subject to terms and 
conditions specified by the Administrator, of which $49,396,000 shall 
be for carrying out section 128 of CERCLA, as amended, $9,980,000 shall 
be for Environmental Information Exchange Network grants, including 
associated program support costs, $11,300,000 of the funds available 
for grants under section 106 of the Act shall be for state 
participation in national- and state-level statistical surveys of water 
resources and enhancements to state monitoring programs and, in 
addition to funds appropriated under the heading ``Leaking Underground 
Storage Tank Trust Fund Program'' to carry out the provisions of the 
Solid Waste Disposal Act specified in section 9508(c) of the Internal 
Revenue Code other than section 9003(h) of the Solid Waste Disposal 
Act, as amended, $1,550,000 shall be for grants to States under section 
2007(f)(2) of the Solid Waste Disposal Act, as amended: Provided, That 
notwithstanding section 603(d)(7) of the Federal Water Pollution 
Control Act, the limitation on the amounts in a State water pollution 
control revolving fund that may be used by a State to administer the 
fund shall not apply to amounts included as principal in loans made by 
such fund in fiscal year 2012 and prior years where such amounts 
represent costs of administering the fund to the extent that such 
amounts are or were deemed reasonable by the Administrator, accounted 
for separately from other assets in the fund, and used for eligible 
purposes of the fund, including administration: Provided further, That 
for fiscal year 2012, and notwithstanding section 518(f) of the Act, 
the Administrator is authorized to use the amounts appropriated for any 
fiscal year under section 319 of that Act to make grants to Federally 
recognized Indian tribes pursuant to sections 319(h) and 518(e) of that 
Act: Provided further, That for fiscal year 2012, notwithstanding the 
limitation on amounts in section 518(c) of the Federal Water Pollution 
Control Act and section 1452(i) of the Safe Drinking Water Act, up to a 
total of 2 percent of the funds appropriated for State Revolving Funds 
under such Acts may be reserved by the Administrator for grants under 
section 518(c) and section 1452(i) of such Acts: Provided further, That 
for fiscal year 2012, notwithstanding the amounts specified in section 
205(c) of the Federal Water Pollution Control Act, up to 1.5 percent of 
the aggregate funds appropriated for the Clean Water State Revolving 
Fund program under the Act less any sums reserved under section 518(c) 
of the Act, may be reserved by the Administrator for grants made under 
title II of the Clean Water Act for American Samoa, Guam, the 
Commonwealth of the Northern Marianas, and United States Virgin 
Islands: Provided further, That for fiscal year 2012, notwithstanding 
the limitations on amounts specified in section 1452(j) of the Safe 
Drinking Water Act, up to 1.5 percent of the funds appropriated for the 
Drinking Water State Revolving Fund programs under the Safe Drinking 
Water Act may be reserved by the Administrator for grants made under 
section 1452(j) of the Safe Drinking Water Act: Provided further, That 
not less than 30 percent of the funds made available under this title 
to each State for Clean Water State Revolving Fund capitalization 
grants and not less than 30 percent of the funds made available under 
this title to each State for Drinking Water State Revolving Fund 
capitalization grants shall be used by the State to provide additional 
subsidy to eligible recipients in the form of forgiveness of principal, 
negative interest loans, or grants (or any combination of these), and 
shall be so used by the State only where such funds are provided as 
initial financing for an eligible recipient or to buy, refinance, or 
restructure the debt obligations of eligible recipients only where such 
debt was incurred on or after the date of enactment of this Act: 
Provided further, That no funds provided by this appropriations Act to 
address the water, wastewater and other critical infrastructure needs 
of the colonias in the United States along the United States-Mexico 
border shall be made available to a county or municipal government 
unless that government has established an enforceable local ordinance, 
or other zoning rule, which prevents in that jurisdiction the 
development or construction of any additional colonia areas, or the 
development within an existing colonia the construction of any new 
home, business, or other structure which lacks water, wastewater, or 
other necessary infrastructure: Provided further, That for fiscal year 
2012 and hereafter, of the funds provided for the Clean Water Act and 
Safe Drinking Water Act State Revolving Fund Tribal Set-Asides, the 
Administrator may transfer funds between those accounts in the same 
manner as provided to States under section 302(a) of Public Law 104-
182, as amended by Public Law 109-54.

       Administrative Provisions, Environmental Protection Agency

              (including transfer and recission of funds)

    For fiscal year 2012, notwithstanding 31 U.S.C. 6303(1) and 
6305(1), the Administrator of the Environmental Protection Agency, in 
carrying out the Agency's function to implement directly Federal 
environmental programs required or authorized by law in the absence of 
an acceptable tribal program, may award cooperative agreements to 
federally recognized Indian Tribes or Intertribal consortia, if 
authorized by their member Tribes, to assist the Administrator in 
implementing Federal environmental programs for Indian Tribes required 
or authorized by law, except that no such cooperative agreements may be 
awarded from funds designated for State financial assistance 
agreements.
    The Administrator of the Environmental Protection Agency is 
authorized to collect and obligate pesticide registration service fees 
in accordance with section 33 of the Federal Insecticide, Fungicide, 
and Rodenticide Act, as amended by Public Law 110-94, the Pesticide 
Registration Improvement Renewal Act.
    The Administrator is authorized to transfer up to $250,000,000 of 
the funds appropriated for the Great Lakes Initiative under the heading 
``Environmental Programs and Management'' to the head of any Federal 
department or agency, with the concurrence of such head, to carry out 
activities that would support the Great Lakes Restoration Initiative 
and Great Lakes Water Quality Agreement programs, projects, or 
activities; to enter into an interagency agreement with the head of 
such Federal department or agency to carry out these activities; and to 
make grants to governmental entities, nonprofit organizations, 
institutions, and individuals for planning, research, monitoring, 
outreach, and implementation in furtherance of the Great Lakes 
Restoration Initiative and the Great Lakes Water Quality Agreement.
    From unobligated balances to carry out projects and activities 
funded through the ``State and Tribal Assistance Grants'' and 
``Hazardous Substance Superfund'' accounts, $140,000,000 are 
permanently rescinded: Provided, That no amounts may be rescinded from 
amounts that were designated by the Congress as an emergency 
requirement pursuant to the Concurrent Resolution on the Budget or the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
    For fiscal year 2012 the requirements of section 513 of the Federal 
Water Pollution Control Act (33 U.S.C. 1372) shall apply to the 
construction of treatment works carried out in whole or in part with 
assistance made available by a State water pollution control revolving 
fund as authorized by title VI of that Act (33 U.S.C. 1381 et seq.), or 
with assistance made available under section 205(m) of that Act (33 
U.S.C. 1285(m)), or both.
    For fiscal year 2012 the requirements of section 1450(e) of the 
Safe Drinking Water Act (42 U.S.C. 300j-9(e)) shall apply to any 
construction project carried out in whole or in part with assistance 
made available by a drinking water treatment revolving loan fund as 
authorized by section 1452 of that Act (42 U.S.C. 300j-12).

                      TITLE III--RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                     forest and rangeland research

    For necessary expenses of forest and rangeland research as 
authorized by law, $277,282,000, to remain available until expended: 
Provided, That of the funds provided, $66,805,000 is for the forest 
inventory and analysis program: Provided further, That of the funds 
provided, no less than $29,161,000 is for the forest products 
laboratory.

                       State and Private Forestry

    For necessary expenses of cooperating with and providing technical 
and financial assistance to States, territories, possessions, and 
others, and for forest health management, including treatments of 
pests, pathogens, and invasive or noxious plants and for restoring and 
rehabilitating forests damaged by pests or invasive plants, cooperative 
forestry, and education and land conservation activities as authorized, 
and conducting an international program as authorized, $208,608,000, to 
remain available until expended, as authorized by law; of which 
$3,000,000 is to be derived from the Land and Water Conservation Fund 
and shall remain available until expended.

                         national forest system

    For necessary expenses of the Forest Service, not otherwise 
provided for, for management, protection, improvement, and utilization 
of the National Forest System, $1,546,463,000, to remain available 
until expended: Provided, That of the funds provided, $336,722,000 
shall be for forest products: Provided further, That of the funds 
provided, $30,000,000 shall be deposited in the Collaborative Forest 
Landscape Restoration Fund for ecological restoration treatments as 
authorized by 16 U.S.C. 7303(f): Provided further, That of the funds 
provided, up to $122,600,000 is for the Integrated Resource Restoration 
pilot program for Region 1, Region 3 and Region 4.

                  capital improvement and maintenance

                     (including transfer of funds)

    For necessary expenses of the Forest Service, not otherwise 
provided for, $378,088,000, to remain available until expended, for 
construction, capital improvement, maintenance and acquisition of 
buildings and other facilities and infrastructure; and for 
construction, reconstruction, and maintenance of forest roads and 
trails by the Forest Service as authorized by 16 U.S.C. 532-538 and 23 
U.S.C. 101 and 205: Provided,  That $35,000,000 shall be designated for 
urgently needed road decommissioning, road and trail repair and 
maintenance and associated activities, and removal of fish passage 
barriers, especially in areas where Forest Service roads may be 
contributing to water quality problems in streams and water bodies 
which support threatened, endangered, or sensitive species or community 
water sources: Provided further, That funds becoming available in 
fiscal year 2012 under the Act of March 4, 1913 (16 U.S.C. 501) shall 
be transferred to the General Fund of the Treasury and shall not be 
available for transfer or obligation for any other purpose unless the 
funds are appropriated: Provided further, That of the funds provided 
for decommissioning of roads, up to $9,000,000 may be transferred to 
the ``National Forest System'' to support the Integrated Resource 
Restoration pilot program.

                            land acquisition

    For expenses necessary to carry out the provisions of the Land and 
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 
through 11), including administrative expenses, and for acquisition of 
land or waters, or interest therein, in accordance with statutory 
authority applicable to the Forest Service, $12,500,000, to be derived 
from the Land and Water Conservation Fund and to remain available until 
expended.

         acquisition of lands for national forests special acts

    For acquisition of lands within the exterior boundaries of the 
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National 
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland 
National Forests, California, as authorized by law, $955,000, to be 
derived from forest receipts.

            acquisition of lands to complete land exchanges

    For acquisition of lands, such sums, to be derived from funds 
deposited by State, county, or municipal governments, public school 
districts, or other public school authorities, and for authorized 
expenditures from funds deposited by non-Federal parties pursuant to 
Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967, 
as amended (16 U.S.C. 484a), to remain available until expended.

                         range betterment fund

    For necessary expenses of range rehabilitation, protection, and 
improvement, 50 percent of all moneys received during the prior fiscal 
year, as fees for grazing domestic livestock on lands in National 
Forests in the 16 Western States, pursuant to section 401(b)(1) of 
Public Law 94-579, as amended, to remain available until expended, of 
which not to exceed 6 percent shall be available for administrative 
expenses associated with on-the-ground range rehabilitation, 
protection, and improvements.

    gifts, donations and bequests for forest and rangeland research

    For expenses authorized by 16 U.S.C. 1643(b), $45,000, to remain 
available until expended, to be derived from the fund established 
pursuant to the above Act.

        management of national forest lands for subsistence uses

    For necessary expenses of the Forest Service to manage Federal 
lands in Alaska for subsistence uses under title VIII of the Alaska 
National Interest Lands Conservation Act (Public Law 96-487), 
$2,000,000, to remain available until expended.

                        wildland fire management

                     (including transfers of funds)

    For necessary expenses for forest fire presuppression activities on 
National Forest System lands, for emergency fire suppression on or 
adjacent to such lands or other lands under fire protection agreement, 
hazardous fuels reduction on or adjacent to such lands, and for 
emergency rehabilitation of burned-over National Forest System lands 
and water, $1,805,099,000, to remain available until expended: 
Provided, That such funds including unobligated balances under this 
heading, are available for repayment of advances from other 
appropriations accounts previously transferred for such purposes: 
Provided further, That such funds shall be available to reimburse State 
and other cooperating entities for services provided in response to 
wildfire and other emergencies or disasters to the extent such 
reimbursements by the Forest Service for non-fire emergencies are fully 
repaid by the responsible emergency management agency: Provided 
further, That amounts in this paragraph may be transferred to the 
``State and Private Forestry'', ``National Forest System'', and 
``Forest and Rangeland Research'' accounts to fund State fire 
assistance, volunteer fire assistance, forest health management, forest 
and rangeland research, the Joint Fire Science Program, vegetation and 
watershed management, heritage site rehabilitation, and wildlife and 
fish habitat management and restoration: Provided further, That the 
costs of implementing any cooperative agreement between the Federal 
Government and any non-Federal entity may be shared, as mutually agreed 
on by the affected parties: Provided further, That of the funds 
provided herein, the Secretary of Agriculture may enter into 
procurement contracts or cooperative agreements, or issue grants for 
hazardous fuels reduction activities and for training and monitoring 
associated with such hazardous fuels reduction activities, on Federal 
land, or on adjacent non-Federal land for activities that benefit 
resources on Federal land: Provided further, That the Secretary of the 
Interior and the Secretary of Agriculture may authorize the transfer of 
funds appropriated for wildland fire management, in an aggregate amount 
not to exceed $10,000,000, between the Departments when such transfers 
would facilitate and expedite jointly funded wildland fire management 
programs and projects: Provided further, That of the funds provided for 
hazardous fuels reduction, not to exceed $5,000,000, may be used to 
make grants, using any authorities available to the Forest Service 
under the State and Private Forestry appropriation, for the purpose of 
creating incentives for increased use of biomass from national forest 
lands: Provided further, That no amounts may be cancelled from amounts 
that were designated by the Congress as an emergency requirement 
pursuant to the Concurrent Resolution on the Budget or the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: Provided 
further, That, before obligating any of the funds provided herein for 
wildland fire suppression, the Secretary of Agriculture shall obligate 
all unobligated balances previously made available under this heading 
that, when appropriated, were designated by Congress as an emergency 
requirement pursuant to the Concurrent Resolution on the Budget or the 
Balanced Budget and Emergency Deficit Control Act of 1985: Provided 
further, That the Secretary of Agriculture may transfer not more than 
$50,000,000 of the funds provided herein to the Secretary of the 
Interior if the Secretaries determine that the transfer will enhance 
the efficiency or effectiveness of Federal wildland fire suppression 
activities: Provided further, That of the funds for hazardous fuels 
reduction, up to $27,100,000 may be transferred to the ``National 
Forest System'' to support the Integrated Resource Restoration pilot 
program.

                Flame Wildfire Suppression Reserve Fund

                     (including transfers of funds)

    For necessary expenses for large fire suppression operations of the 
Department of Agriculture and as a reserve fund for suppression and 
Federal emergency response activities, $290,418,000, to remain 
available until expended: Provided, That such amounts are available 
only for transfer to the ``Wildland Fire Management'' account and only 
following a declaration by the Secretary that either (1) a wildland 
fire suppression event meets certain previously-established risk-based 
written criteria for significant complexity, severity, or threat posed 
by the fire or (2) funds in the ``Wildland Fire Management'' account 
will be exhausted within 30 days.

               administrative provisions, forest service

                     (including transfers of funds)

    Appropriations to the Forest Service for the current fiscal year 
shall be available for: (1) purchase of passenger motor vehicles; 
acquisition of passenger motor vehicles from excess sources, and hire 
of such vehicles; purchase, lease, operation, maintenance, and 
acquisition of aircraft from excess sources to maintain the operable 
fleet for use in Forest Service wildland fire programs and other Forest 
Service programs; notwithstanding other provisions of law, existing 
aircraft being replaced may be sold, with proceeds derived or trade-in 
value used to offset the purchase price for the replacement aircraft; 
(2) services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for 
employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration 
of buildings and other public improvements (7 U.S.C. 2250); (4) 
acquisition of land, waters, and interests therein pursuant to 7 U.S.C. 
428a; (5) expenses pursuant to the Volunteers in the National Forest 
Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost of 
uniforms as authorized by 5 U.S.C. 5901-5902; and (7) debt collection 
contracts in accordance with 31 U.S.C. 3718(c).
    Any appropriations or funds available to the Forest Service may be 
transferred to the Wildland Fire Management appropriation for forest 
firefighting, emergency rehabilitation of burned-over or damaged lands 
or waters under its jurisdiction, and fire preparedness due to severe 
burning conditions upon the Secretary's notification of the House and 
Senate Committees on Appropriations that all fire suppression funds 
appropriated under the headings ``Wildland Fire Management'' and 
``FLAME Wildfire Suppression Reserve Fund'' will be obligated within 30 
days.
    Funds appropriated to the Forest Service shall be available for 
assistance to or through the Agency for International Development in 
connection with forest and rangeland research, technical information, 
and assistance in foreign countries, and shall be available to support 
forestry and related natural resource activities outside the United 
States and its territories and possessions, including technical 
assistance, education and training, and cooperation with United States, 
private organizations, and international organizations.
    Of the funds available to the Forest Service up to $5,000,000 shall 
be available for priority projects within the scope of the approved 
budget, which shall be carried out by the Youth Conservation Corps and 
shall be carried out under the authority of the Public Lands Corps Act 
of 1993, Public Law 103-82, as amended by Public Lands Corps Healthy 
Forests Restoration Act of 2005, Public Law 109-154.
    Of the funds available to the Forest Service, $4,000 is available 
to the Chief of the Forest Service for official reception and 
representation expenses.
    Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of 
the funds available to the Forest Service, up to $3,000,000 may be 
advanced in a lump sum to the National Forest Foundation to aid 
conservation partnership projects in support of the Forest Service 
mission, without regard to when the Foundation incurs expenses, for 
projects on or benefitting National Forest System lands or related to 
Forest Service programs: Provided, That of the Federal funds made 
available to the Foundation, no more than $300,000 shall be available 
for administrative expenses: Provided further, That the Foundation 
shall obtain, by the end of the period of Federal financial assistance, 
private contributions to match on at least one-for-one basis funds made 
available by the Forest Service: Provided further, That the Foundation 
may transfer Federal funds to Federal or a non-Federal recipient for a 
project at the same rate that the recipient has obtained the non-
Federal matching funds: Provided further, That authorized investments 
of Federal funds held by the Foundation may be made only in interest-
bearing obligations of the United States or in obligations guaranteed 
as to both principal and interest by the United States.
    Pursuant to section 2(b)(2) of Public Law 98-244, $3,000,000 of the 
funds available to the Forest Service may be advanced to the National 
Fish and Wildlife Foundation in a lump sum to aid cost-share 
conservation projects, without regard to when expenses are incurred, on 
or benefitting National Forest System lands or related to Forest 
Service programs: Provided, That such funds shall be matched on at 
least a one-for-one basis by the Foundation or its sub-recipients: 
Provided further, That the Foundation may transfer Federal funds to a 
Federal or non-Federal recipient for a project at the same rate that 
the recipient has obtained the non-Federal matching funds.
    Funds appropriated to the Forest Service shall be available for 
interactions with and providing technical assistance to rural 
communities and natural resource-based businesses for sustainable rural 
development purposes.
    Of the funds available to the Forest Service, an amount not to 
exceed $55,000,000 shall be assessed for the purpose of performing 
fire, administrative and other facilities maintenance. Such assessments 
shall occur using a square foot rate charged on the same basis the 
agency uses to assess programs for payment of rent, utilities, and 
other support services.
    Notwithstanding any other provision of law, any appropriations or 
funds available to the Forest Service not to exceed $500,000 may be 
used to reimburse the Office of the General Counsel (OGC), Department 
of Agriculture, for travel and related expenses incurred as a result of 
OGC assistance or participation requested by the Forest Service at 
meetings, training sessions, management reviews, land purchase 
negotiations and similar non-litigation related matters. Future budget 
justifications for both the Forest Service and Department of 
Agriculture should clearly display the sums previously transferred and 
the requested funding transfers.
    None of the funds available to the Forest Service may be 
reprogrammed without the advance approval of the House and Senate 
Committees on Appropriations in accordance with the reprogramming 
procedures contained in the joint explanatory statement of the managers 
accompanying this Act.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service

                         indian health services

    For expenses necessary to carry out the Act of August 5, 1954 (68 
Stat. 674), the Indian Self-Determination Act, the Indian Health Care 
Improvement Act, and titles II and III of the Public Health Service Act 
with respect to the Indian Health Service, $4,034,322,000 together with 
payments received during the fiscal year pursuant to 42 U.S.C. 238(b) 
and 238b for services furnished by the Indian Health Service: Provided, 
That funds made available to tribes and tribal organizations through 
contracts, grant agreements, or any other agreements or compacts 
authorized by the Indian Self-Determination and Education Assistance 
Act of 1975 (25 U.S.C. 450), shall be deemed to be obligated at the 
time of the grant or contract award and thereafter shall remain 
available to the tribe or tribal organization without fiscal year 
limitation: Provided further, That $836,685,000 for contract medical 
care, including $51,500,000 for the Indian Catastrophic Health 
Emergency Fund, shall remain available until expended: Provided 
further, That of the funds provided, up to $36,000,000 shall remain 
available until expended for implementation of the loan repayment 
program under section 108 of the Indian Health Care Improvement Act: 
Provided further, That the amounts collected by the Federal Government 
as authorized by sections 104 and 108 of the Indian Health Care 
Improvement Act (25 U.S.C. 1613a and 1616a) during the preceding fiscal 
year for breach of contracts shall be deposited to the Fund authorized 
by section 108A of the Act (25 U.S.C. 1616a-1) and shall remain 
available until expended and, notwithstanding section 108A(c) of the 
Act (25 U.S.C. 1616a-1(c)), funds shall be available to make new awards 
under the loan repayment and scholarship programs under sections 104 
and 108 of the Act (25 U.S.C. 1613a and 1616a): Provided further, That 
$16,391,000 is provided for the methamphetamine and suicide prevention 
and treatment initiative and $10,000,000 is provided for the domestic 
violence prevention initiative and, notwithstanding any other provision 
of law, the amounts available under this proviso shall be allocated at 
the discretion of the Director of the Indian Health Service and shall 
remain available until expended: Provided further, That funds provided 
in this Act may be used for annual contracts and grants that fall 
within two fiscal years, provided the total obligation is recorded in 
the year the funds are appropriated: Provided further, That the amounts 
collected by the Secretary of Health and Human Services under the 
authority of title IV of the Indian Health Care Improvement Act shall 
remain available until expended for the purpose of achieving compliance 
with the applicable conditions and requirements of titles XVIII and XIX 
of the Social Security Act, except for those related to the planning, 
design, or construction of new facilities: Provided further, That 
funding contained herein for scholarship programs under the Indian 
Health Care Improvement Act (25 U.S.C. 1613) shall remain available 
until expended: Provided further, That amounts received by tribes and 
tribal organizations under title IV of the Indian Health Care 
Improvement Act shall be reported and accounted for and available to 
the receiving tribes and tribal organizations until expended: Provided 
further, That, notwithstanding any other provision of law, of the 
amounts provided herein, not to exceed $573,761,000 shall be for 
payments to tribes and tribal organizations for contract or grant 
support costs associated with contracts, grants, self-governance 
compacts, or annual funding agreements between the Indian Health 
Service and a tribe or tribal organization pursuant to the Indian Self-
Determination Act of 1975, as amended, prior to or during fiscal year 
2012, of which not to exceed $10,000,000 may be used for contract 
support costs associated with new or expanded self-determination 
contracts, grants, self-governance compacts, or annual funding 
agreements: Provided further, That the Bureau of Indian Affairs may 
collect from the Indian Health Service, tribes and tribal organizations 
operating health facilities pursuant to Public Law 93-638, such 
individually identifiable health information relating to disabled 
children as may be necessary for the purpose of carrying out its 
functions under the Individuals with Disabilities Education Act (20 
U.S.C. 1400, et seq.): Provided further, That the Indian Health Care 
Improvement Fund may be used, as needed, to carry out activities 
typically funded under the Indian Health Facilities account.

                        indian health facilities

    For construction, repair, maintenance, improvement, and equipment 
of health and related auxiliary facilities, including quarters for 
personnel; preparation of plans, specifications, and drawings; 
acquisition of sites, purchase and erection of modular buildings, and 
purchases of trailers; and for provision of domestic and community 
sanitation facilities for Indians, as authorized by section 7 of the 
Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination 
Act, and the Indian Health Care Improvement Act, and for expenses 
necessary to carry out such Acts and titles II and III of the Public 
Health Service Act with respect to environmental health and facilities 
support activities of the Indian Health Service, $427,259,000, to 
remain available until expended: Provided, That no less than 
$20,000,000 in available, unobligated prior-year funds shall be used in 
addition to amounts provided by this Act: Provided further, That 
notwithstanding any other provision of law, funds appropriated for the 
planning, design, construction, renovation or expansion of health 
facilities for the benefit of an Indian tribe or tribes may be used to 
purchase land on which such facilities will be located: Provided 
further, That not to exceed $500,000 shall be used by the Indian Health 
Service to purchase TRANSAM equipment from the Department of Defense 
for distribution to the Indian Health Service and tribal facilities: 
Provided further, That none of the funds appropriated to the Indian 
Health Service may be used for sanitation facilities construction for 
new homes funded with grants by the housing programs of the United 
States Department of Housing and Urban Development: Provided further, 
That not to exceed $2,700,000 from this account and the ``Indian Health 
Services'' account shall be used by the Indian Health Service to obtain 
ambulances for the Indian Health Service and tribal facilities in 
conjunction with an existing interagency agreement between the Indian 
Health Service and the General Services Administration: Provided 
further, That not to exceed $500,000 shall be placed in a Demolition 
Fund, to remain available until expended, and be used by the Indian 
Health Service for the demolition of Federal buildings.

            administrative provisions, indian health service

    Appropriations provided in this Act to the Indian Health Service 
shall be available for services as authorized by 5 U.S.C. 3109 at rates 
not to exceed the per diem rate equivalent to the maximum rate payable 
for senior-level positions under 5 U.S.C. 5376; hire of passenger motor 
vehicles and aircraft; purchase of medical equipment; purchase of 
reprints; purchase, renovation and erection of modular buildings and 
renovation of existing facilities; payments for telephone service in 
private residences in the field, when authorized under regulations 
approved by the Secretary; uniforms or allowances therefor as 
authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at 
meetings that relate to the functions or activities of the Indian 
Health Service.
    In accordance with the provisions of the Indian Health Care 
Improvement Act, non-Indian patients may be extended health care at all 
tribally administered or Indian Health Service facilities, subject to 
charges, and the proceeds along with funds recovered under the Federal 
Medical Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to 
the account of the facility providing the service and shall be 
available without fiscal year limitation. Notwithstanding any other law 
or regulation, funds transferred from the Department of Housing and 
Urban Development to the Indian Health Service shall be administered 
under Public Law 86-121, the Indian Sanitation Facilities Act and 
Public Law 93-638, as amended.
    Funds appropriated to the Indian Health Service in this Act, except 
those used for administrative and program direction purposes, shall not 
be subject to limitations directed at curtailing Federal travel and 
transportation.
    None of the funds made available to the Indian Health Service in 
this Act shall be used for any assessments or charges by the Department 
of Health and Human Services unless identified in the budget 
justification and provided in this Act, or approved by the House and 
Senate Committees on Appropriations through the reprogramming process.
    Notwithstanding any other provision of law, funds previously or 
herein made available to a tribe or tribal organization through a 
contract, grant, or agreement authorized by title I or title V of the 
Indian Self-Determination and Education Assistance Act of 1975 (25 
U.S.C. 450), may be deobligated and reobligated to a self-determination 
contract under title I, or a self-governance agreement under title V of 
such Act and thereafter shall remain available to the tribe or tribal 
organization without fiscal year limitation.
    None of the funds made available to the Indian Health Service in 
this Act shall be used to implement the final rule published in the 
Federal Register on September 16, 1987, by the Department of Health and 
Human Services, relating to the eligibility for the health care 
services of the Indian Health Service until the Indian Health Service 
has submitted a budget request reflecting the increased costs 
associated with the proposed final rule, and such request has been 
included in an appropriations Act and enacted into law.
    With respect to functions transferred by the Indian Health Service 
to tribes or tribal organizations, the Indian Health Service is 
authorized to provide goods and services to those entities on a 
reimbursable basis, including payments in advance with subsequent 
adjustment. The reimbursements received therefrom, along with the funds 
received from those entities pursuant to the Indian Self-Determination 
Act, may be credited to the same or subsequent appropriation account 
from which the funds were originally derived, with such amounts to 
remain available until expended.
    Reimbursements for training, technical assistance, or services 
provided by the Indian Health Service will contain total costs, 
including direct, administrative, and overhead associated with the 
provision of goods, services, or technical assistance.
    The appropriation structure for the Indian Health Service may not 
be altered without advance notification to the House and Senate 
Committees on Appropriations.

                     National Institutes of Health

          national institute of environmental health sciences

    For necessary expenses for the National Institute of Environmental 
Health Sciences in carrying out activities set forth in section 311(a) 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended, and section 126(g) of the Superfund 
Amendments and Reauthorization Act of 1986, $79,054,000.

            Agency for Toxic Substances and Disease Registry

            toxic substances and environmental public health

    For necessary expenses for the Agency for Toxic Substances and 
Disease Registry (ATSDR) in carrying out activities set forth in 
sections 104(i) and 111(c)(4) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended; 
section 118(f) of the Superfund Amendments and Reauthorization Act of 
1986 (SARA), as amended; and section 3019 of the Solid Waste Disposal 
Act, as amended, $74,039,000, of which up to $1,000 per eligible 
employee of the Agency for Toxic Substance and Disease Registry shall 
remain available until expended for Individual Learning Accounts: 
Provided, That notwithstanding any other provision of law, in lieu of 
performing a health assessment under section 104(i)(6) of CERCLA, the 
Administrator of ATSDR may conduct other appropriate health studies, 
evaluations, or activities, including, without limitation, biomedical 
testing, clinical evaluations, medical monitoring, and referral to 
accredited health care providers: Provided further, That in performing 
any such health assessment or health study, evaluation, or activity, 
the Administrator of ATSDR shall not be bound by the deadlines in 
section 104(i)(6)(A) of CERCLA: Provided further, That none of the 
funds appropriated under this heading shall be available for ATSDR to 
issue in excess of 40 toxicological profiles pursuant to section 104(i) 
of CERCLA during fiscal year 2012, and existing profiles may be updated 
as necessary.

                         OTHER RELATED AGENCIES

                   Executive Office of the President

  council on environmental quality and office of environmental quality

    For necessary expenses to continue functions assigned to the 
Council on Environmental Quality and Office of Environmental Quality 
pursuant to the National Environmental Policy Act of 1969, the 
Environmental Quality Improvement Act of 1970, and Reorganization Plan 
No. 1 of 1977, and not to exceed $750 for official reception and 
representation expenses, $2,661,000: Provided, That notwithstanding 
section 202 of the National Environmental Policy Act of 1970, the 
Council shall consist of one member, appointed by the President, by and 
with the advice and consent of the Senate, serving as chairman and 
exercising all powers, functions, and duties of the Council.

             Chemical Safety and Hazard Investigation Board

                         salaries and expenses

    For necessary expenses in carrying out activities pursuant to 
section 112(r)(6) of the Clean Air Act, as amended, including hire of 
passenger vehicles, uniforms or allowances therefor, as authorized by 5 
U.S.C. 5901-5902, and for services authorized by 5 U.S.C. 3109 but at 
rates for individuals not to exceed the per diem equivalent to the 
maximum rate payable for senior level positions under 5 U.S.C. 5376, 
$10,000,000: Provided, That the Chemical Safety and Hazard 
Investigation Board (Board) shall have not more than three career 
Senior Executive Service positions: Provided further, That 
notwithstanding any other provision of law, the individual appointed to 
the position of Inspector General of the Environmental Protection 
Agency (EPA) shall, by virtue of such appointment, also hold the 
position of Inspector General of the Board: Provided further, That 
notwithstanding any other provision of law, the Inspector General of 
the Board shall utilize personnel of the Office of Inspector General of 
EPA in performing the duties of the Inspector General of the Board, and 
shall not appoint any individuals to positions within the Board.

              Office of Navajo and Hopi Indian Relocation

                         salaries and expenses

    For necessary expenses of the Office of Navajo and Hopi Indian 
Relocation as authorized by Public Law 93-531, $7,530,000, to remain 
available until expended: Provided, That funds provided in this or any 
other appropriations Act are to be used to relocate eligible 
individuals and groups including evictees from District 6, Hopi-
partitioned lands residents, those in significantly substandard 
housing, and all others certified as eligible and not included in the 
preceding categories: Provided further, That none of the funds made 
available by this or any other Act may be used by the Office of Navajo 
and Hopi Indian Relocation to evict any single Navajo or Navajo family 
who, as of November 30, 1985, was physically domiciled on the lands 
partitioned to the Hopi Tribe unless a new or replacement home is 
provided for such household: Provided further, That no relocatee shall 
be provided with more than one new or replacement home: Provided 
further, That the Office shall relocate any certified eligible 
relocatees who have selected and received an approved homesite on the 
Navajo reservation or selected a replacement residence off the Navajo 
reservation or on the land acquired pursuant to 25 U.S.C. 640d-10.

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development

                        payment to the institute

    For payment to the Institute of American Indian and Alaska Native 
Culture and Arts Development, as authorized by title XV of Public Law 
99-498, as amended (20 U.S.C. 56 part A), $7,900,000.

                        Smithsonian Institution

                         salaries and expenses

    For necessary expenses of the Smithsonian Institution, as 
authorized by law, including research in the fields of art, science, 
and history; development, preservation, and documentation of the 
National Collections; presentation of public exhibits and performances; 
collection, preparation, dissemination, and exchange of information and 
publications; conduct of education, training, and museum assistance 
programs; maintenance, alteration, operation, lease agreements of no 
more than 30 years, and protection of buildings, facilities, and 
approaches; not to exceed $100,000 for services as authorized by 5 
U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for 
employees, $626,971,000, to remain available until September 30, 2013, 
except as otherwise provided herein; of which not to exceed $20,137,000 
for the instrumentation program, collections acquisition, exhibition 
reinstallation, the National Museum of African American History and 
Culture, and the repatriation of skeletal remains program shall remain 
available until expended; and including such funds as may be necessary 
to support American overseas research centers: Provided, That funds 
appropriated herein are available for advance payments to independent 
contractors performing research services or participating in official 
Smithsonian presentations.

                           facilities capital

    For necessary expenses of repair, revitalization, and alteration of 
facilities owned or occupied by the Smithsonian Institution, by 
contract or otherwise, as authorized by section 2 of the Act of August 
22, 1949 (63 Stat. 623), and for construction, including necessary 
personnel, $124,750,000, to remain available until expended, of which 
not to exceed $10,000 is for services as authorized by 5 U.S.C. 3109: 
Provided, That beginning in fiscal year 2012 and thereafter, any 
procurement for the construction of the National Museum of African 
American History and Culture, as authorized under section 8 of the 
National Museum of African American History and Culture Act (20 U.S.C. 
80r-6), may be issued which includes the full scope of the project: 
Provided further, That the solicitation and contract with respect to 
the procurement shall contain the ``availability of funds'' clause 
described in section 52.232.18 of title 48, Code of Federal 
Regulations.

                        National Gallery of Art

                         salaries and expenses

    For the upkeep and operations of the National Gallery of Art, the 
protection and care of the works of art therein, and administrative 
expenses incident thereto, as authorized by the Act of March 24, 1937 
(50 Stat. 51), as amended by the public resolution of April 13, 1939 
(Public Resolution 9, Seventy-sixth Congress), including services as 
authorized by 5 U.S.C. 3109; payment in advance when authorized by the 
treasurer of the Gallery for membership in library, museum, and art 
associations or societies whose publications or services are available 
to members only, or to members at a price lower than to the general 
public; purchase, repair, and cleaning of uniforms for guards, and 
uniforms, or allowances therefor, for other employees as authorized by 
law (5 U.S.C. 5901-5902); purchase or rental of devices and services 
for protecting buildings and contents thereof, and maintenance, 
alteration, improvement, and repair of buildings, approaches, and 
grounds; and purchase of services for restoration and repair of works 
of art for the National Gallery of Art by contracts made, without 
advertising, with individuals, firms, or organizations at such rates or 
prices and under such terms and conditions as the Gallery may deem 
proper, $112,185,000, of which not to exceed $3,481,000 for the special 
exhibition program shall remain available until expended.

            repair, restoration and renovation of buildings

    For necessary expenses of repair, restoration and renovation of 
buildings, grounds and facilities owned or occupied by the National 
Gallery of Art, by contract or otherwise, for lease agreements of no 
more than 10 years that address space needs created by the ongoing 
renovations in the Master Facilities Plan, as authorized, $13,938,000, 
to remain available until expended: Provided, That contracts awarded 
for environmental systems, protection systems, and exterior repair or 
renovation of buildings of the National Gallery of Art may be 
negotiated with selected contractors and awarded on the basis of 
contractor qualifications as well as price.

             John f. Kennedy Center for the Performing Arts

                       operations and maintenance

    For necessary expenses for the operation, maintenance and security 
of the John F. Kennedy Center for the Performing Arts, $22,455,000.

                     Capital Repair and Restoration

    For necessary expenses for capital repair and restoration of the 
existing features of the building and site of the John F. Kennedy 
Center for the Performing Arts, $13,650,000, to remain available until 
expended.

            Woodrow Wilson International Center for Scholars

                         salaries and expenses

    For expenses necessary in carrying out the provisions of the 
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of 
passenger vehicles and services as authorized by 5 U.S.C. 3109, 
$10,000,000, to remain available until September 30, 2013.

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts

                       grants and administration

    For necessary expenses to carry out the National Foundation on the 
Arts and the Humanities Act of 1965, $135,000,000 shall be available to 
the National Endowment for the Arts for the support of projects and 
productions in the arts, including arts education and public outreach 
activities, through assistance to organizations and individuals 
pursuant to section 5 of the Act, for program support, and for 
administering the functions of the Act, to remain available until 
expended.

                 National Endowment for the Humanities

                       grants and administration

    For necessary expenses to carry out the National Foundation on the 
Arts and the Humanities Act of 1965, $135,000,000, to remain available 
until expended, of which $125,000,000 shall be available for support of 
activities in the humanities, pursuant to section 7(c) of the Act and 
for administering the functions of the Act; and $10,000,000 shall be 
available to carry out the matching grants program pursuant to section 
10(a)(2) of the Act, including $8,000,000 for the purposes of section 
7(h): Provided, That appropriations for carrying out section 10(a)(2) 
of such Act shall be available for obligation only in such amounts as 
may be equal to the total amounts of gifts, bequests, and devises of 
money, and other property accepted by the chairman or by grantees of 
the Endowment under the provisions of subsections 11(a)(2)(B) and 
11(a)(3)(B) of such Act during the current and preceding fiscal years 
for which equal amounts have not previously been appropriated.

                       administrative provisions

    None of the funds appropriated to the National Endowment for the 
Arts or to the National Endowment for the Humanities may be used to 
process any grant or contract documents which do not include the text 
of 18 U.S.C. 1913: Provided, That none of the funds appropriated to 
either Endowment may be used for official reception and representation 
expenses: Provided further, That funds from nonappropriated sources may 
be used as necessary for official reception and representation 
expenses: Provided further, That the Chairperson of the National 
Endowment for the Arts may approve grants of up to $10,000, if in the 
aggregate this amount does not exceed 5 percent of the sums 
appropriated for grant-making purposes per year: Provided further, That 
such small grant actions are taken pursuant to the terms of an 
expressed and direct delegation of authority from the National Council 
on the Arts to the Chairperson.

                        Commission of Fine Arts

                         salaries and expenses

    For expenses of the Commission of Fine Arts under Chapter 91 of 
title 40, United States Code, $2,234,000: Provided, That the Commission 
is authorized to charge fees to cover the full costs of its 
publications, and such fees shall be credited to this account as an 
offsetting collection, to remain available until expended without 
further appropriation: Provided further, That the Commission is 
authorized to accept gifts, including objects, papers, artwork, 
drawings and artifacts, that pertain to the history and design of the 
Nation's Capital or the history and activities of the Commission of 
Fine Arts, for the purpose of artistic display, study or education.

               Advisory Council on Historic Preservation

                         salaries and expenses

    For necessary expenses of the Advisory Council on Historic 
Preservation (Public Law 89-665, as amended), $5,498,000.

                  National Capital Planning Commission

                         salaries and expenses

    For necessary expenses of the National Capital Planning Commission 
under Chapter 87 of title 40, United States Code, including services as 
authorized by 5 U.S.C. 3109, $8,133,000.

                United States Holocaust Memorial Museum

                       holocaust memorial museum

    For expenses of the Holocaust Memorial Museum, as authorized by 
Public Law 106-292 (36 U.S.C. 2301-2310), $50,524,000, of which 
$515,000 shall remain available until September 30, 2014, for the 
Museum's equipment replacement program; and of which $1,900,000 for the 
Museum's repair and rehabilitation program and $1,264,000 for the 
Museum's outreach initiatives program shall remain available until 
expended.

                             Presidio Trust

                          presidio trust fund

    For necessary expenses to carry out title I of the Omnibus Parks 
and Public Lands Management Act of 1996, $12,000,000 shall be available 
to the Presidio Trust, to remain available until expended.

     Dwight D. Eisenhower Memorial Commission Salaries and Expenses

    For necessary expenses, including the costs of construction design, 
of the Dwight D. Eisenhower Memorial Commission, $2,000,000, to remain 
available until expended.

                          capital construction

    For necessary expenses of the Dwight D. Eisenhower Memorial 
Commission for design and construction of a memorial in honor of Dwight 
D. Eisenhower, as authorized by Public Law 106-79, $28,000,000, to 
remain available until expended: Provided, That beginning in fiscal 
year 2012 and thereafter, any procurement for the construction of the 
permanent memorial to Dwight D. Eisenhower, as authorized by section 
8162 of the Department of Defense Appropriations Act, 2000 (16 U.S.C. 
431 note; Public Law 106-79), as amended by section 8120 of the 
Department of Defense Appropriations Act, 2002 (Public Law 107-117), 
may be issued which includes the full scope of the project: Provided 
further, That the solicitation and contract with respect to the 
procurement shall contain the ``availability of funds'' clause 
described in section 52.232.18 of title 48, Code of Federal 
Regulations.

                      TITLE IV--GENERAL PROVISIONS

                   limitation on consulting services

    Sec. 401.  The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such 
expenditures are a matter of public record and available for public 
inspection, except where otherwise provided under existing law, or 
under existing Executive Order issued pursuant to existing law.

                      restriction on use of funds

    Sec. 402.  No part of any appropriation contained in this Act shall 
be available for any activity or the publication or distribution of 
literature that in any way tends to promote public support or 
opposition to any legislative proposal on which Congressional action is 
not complete other than to communicate to Members of Congress as 
described in 18 U.S.C. 1913.

                      obligation of appropriations

    Sec. 403.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.

           prohibition on use of funds for personal services

    Sec. 404.  None of the funds provided in this Act to any department 
or agency shall be obligated or expended to provide a personal cook, 
chauffeur, or other personal servants to any officer or employee of 
such department or agency except as otherwise provided by law.

                 disclosure of administrative expenses

    Sec. 405.  Estimated overhead charges, deductions, reserves or 
holdbacks from programs, projects, activities and subactivities to 
support government-wide, departmental, agency, or bureau administrative 
functions or headquarters, regional, or central operations shall be 
presented in annual budget justifications and subject to approval by 
the Committees on Appropriations of the House of Representatives and 
the Senate. Changes to such estimates shall be presented to the 
Committees on Appropriations for approval.

                             giant sequoia

    Sec. 406.  None of the funds in this Act may be used to plan, 
prepare, or offer for sale timber from trees classified as giant 
sequoia (Sequoiadendron giganteum) which are located on National Forest 
System or Bureau of Land Management lands in a manner different than 
such sales were conducted in fiscal year 2011.

                          mining applications

    Sec. 407. (a) Limitation of Funds.--None of the funds appropriated 
or otherwise made available pursuant to this Act shall be obligated or 
expended to accept or process applications for a patent for any mining 
or mill site claim located under the general mining laws.
    (b) Exceptions.--Subsection (a) shall not apply if the Secretary of 
the Interior determines that, for the claim concerned (1) a patent 
application was filed with the Secretary on or before September 30, 
1994; and (2) all requirements established under sections 2325 and 2326 
of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims, 
sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 
35, 36, and 37) for placer claims, and section 2337 of the Revised 
Statutes (30 U.S.C. 42) for mill site claims, as the case may be, were 
fully complied with by the applicant by that date.
    (c) Report.--On September 30, 2013, the Secretary of the Interior 
shall file with the House and Senate Committees on Appropriations and 
the Committee on Natural Resources of the House and the Committee on 
Energy and Natural Resources of the Senate a report on actions taken by 
the Department under the plan submitted pursuant to section 314(c) of 
the Department of the Interior and Related Agencies Appropriations Act, 
1997 (Public Law 104-208).
    (d) Mineral Examinations.--In order to process patent applications 
in a timely and responsible manner, upon the request of a patent 
applicant, the Secretary of the Interior shall allow the applicant to 
fund a qualified third-party contractor to be selected by the Director 
of the Bureau of Land Management to conduct a mineral examination of 
the mining claims or mill sites contained in a patent application as 
set forth in subsection (b). The Bureau of Land Management shall have 
the sole responsibility to choose and pay the third-party contractor in 
accordance with the standard procedures employed by the Bureau of Land 
Management in the retention of third-party contractors.

                         contract support costs

    Sec. 408.  Notwithstanding any other provision of law, amounts 
appropriated to or otherwise designated in committee reports for the 
Bureau of Indian Affairs and the Indian Health Service by Public Laws 
103-138, 103-332, 104-134, 104-208, 105-83, 105-277, 106-113, 106-291, 
107-63, 108-7, 108-108, 108-447, 109-54, 109-289, division B and 
Continuing Appropriations Resolution, 2007 (division B of Public Law 
109-289, as amended by Public Laws 110-5 and 110-28), Public Laws 110-
92, 110-116, 110-137, 110-149, 110-161, 110-329, 111-6, 111-8, 111-88 
and 112-10 for payments for contract support costs associated with 
self-determination or self-governance contracts, grants, compacts, or 
annual funding agreements with the Bureau of Indian Affairs or the 
Indian Health Service as funded by such Acts, are the total amounts 
available for fiscal years 1994 through 2011 for such purposes, except 
that the Bureau of Indian Affairs, tribes and tribal organizations may 
use their tribal priority allocations for unmet contract support costs 
of ongoing contracts, grants, self-governance compacts, or annual 
funding agreements.

                        forest management plans

    Sec. 409.  The Secretary of Agriculture shall not be considered to 
be in violation of section 6(f)(5)(A) of the Forest and Rangeland 
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) 
solely because more than 15 years have passed without revision of the 
plan for a unit of the National Forest System. Nothing in this section 
exempts the Secretary from any other requirement of the Forest and 
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or 
any other law: Provided, That if the Secretary is not acting 
expeditiously and in good faith, within the funding available, to 
revise a plan for a unit of the National Forest System, this section 
shall be void with respect to such plan and a court of proper 
jurisdiction may order completion of the plan on an accelerated basis: 
Provided further, That, notwithstanding the issuance of a new final 
planning rule prescribing the procedures to be used to develop, amend, 
or revise land and resource management plans for units of the National 
Forest System, the existing 1982 planning rule procedures and the 2000 
planning rule procedures, including its transition provisions allowing 
the Forest Service to continue to use the 1982 planning rule 
procedures, shall remain in effect as alternative procedures for the 
development, amendment, and revision of land and resource management 
plans.

                 prohibition within national monuments

    Sec. 410.  No funds provided in this Act may be expended to conduct 
preleasing, leasing and related activities under either the Mineral 
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf 
Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National 
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431 
et seq.) as such boundary existed on January 20, 2001, except where 
such activities are allowed under the Presidential proclamation 
establishing such monument.

            international firefighter cooperative agreements

    Sec. 411.  In entering into agreements with foreign fire 
organizations pursuant to the Temporary Emergency Wildfire Suppression 
Act (42 U.S.C. 1856m-1856o), the Secretary of Agriculture and the 
Secretary of the Interior are authorized through fiscal year 2013 to 
enter into reciprocal agreements in which the individuals furnished 
under such agreements to provide wildfire services are considered, for 
purposes of tort liability, employees of the fire organization 
receiving such services when the individuals are engaged in fire 
suppression or presuppression: Provided, That the Secretary of 
Agriculture or the Secretary of the Interior shall not enter into any 
agreement under this section unless the foreign fire organization 
agrees to assume any and all liability for the acts or omissions of 
American firefighters engaged in fire suppression or presuppression in 
a foreign country: Provided further, That when an agreement is reached 
for furnishing fire suppression or presuppression services, the only 
remedies for acts or omissions committed while engaged in fire 
suppression or presuppression shall be those provided under the laws 
applicable to the fire organization receiving the fire suppression or 
presuppression services, and those remedies shall be the exclusive 
remedies for any claim arising out of fire suppression or 
presuppression activities in a foreign country: Provided further, That 
neither the sending country nor any legal organization associated with 
the firefighter shall be subject to any legal action, consistent with 
the applicable laws governing sovereign immunity, pertaining to or 
arising out of the firefighter's role in fire suppression or 
presuppression, except that if the foreign fire organization is unable 
to provide immunity under laws applicable to it, it shall assume any 
and all liability for the United States or for any legal organization 
associated with the American firefighter, and for any and all costs 
incurred or assessed, including legal fees, for any act or omission 
pertaining to or arising out of the firefighter's role in fire 
suppression or presuppression.

                        contracting authorities

    Sec. 412.  In awarding a Federal contract with funds made available 
by this Act, notwithstanding Federal Government procurement and 
contracting laws, the Secretary of Agriculture and the Secretary of the 
Interior (the ``Secretaries'') may, in evaluating bids and proposals, 
through fiscal year 2013, give consideration to local contractors who 
are from, and who provide employment and training for, dislocated and 
displaced workers in an economically disadvantaged rural community, 
including those historically timber-dependent areas that have been 
affected by reduced timber harvesting on Federal lands and other 
forest-dependent rural communities isolated from significant 
alternative employment opportunities: Provided, That notwithstanding 
Federal Government procurement and contracting laws the Secretaries may 
award contracts, grants or cooperative agreements to local non-profit 
entities, Youth Conservation Corps or related partnerships with State, 
local or non-profit youth groups, or small or micro-business or 
disadvantaged business: Provided further, That the contract, grant, or 
cooperative agreement is for forest hazardous fuels reduction, 
watershed or water quality monitoring or restoration, wildlife or fish 
population monitoring, road decommissioning, trail maintenance or 
improvement, or habitat restoration or management: Provided further, 
That the terms ``rural community'' and ``economically disadvantaged'' 
shall have the same meanings as in section 2374 of Public Law 101-624 
(16 U.S.C. 6612): Provided further, That the Secretaries shall develop 
guidance to implement this section: Provided further, That nothing in 
this section shall be construed as relieving the Secretaries of any 
duty under applicable procurement laws, except as provided in this 
section.

                         limitation on takings

    Sec. 413.  Unless otherwise provided herein, no funds appropriated 
in this Act for the acquisition of lands or interests in lands may be 
expended for the filing of declarations of taking or complaints in 
condemnation without the approval of the House and Senate Committees on 
Appropriations.

                        timber sale requirements

    Sec. 414.  No timber sale in Alaska's Region 10 shall be advertised 
if the indicated rate is deficit (defined as the value of the timber is 
not sufficient to cover all logging and stumpage costs and provide a 
normal profit and risk allowance under the Forest Service's appraisal 
process) when appraised using a residual value appraisal. The western 
red cedar timber from those sales which is surplus to the needs of the 
domestic processors in Alaska, shall be made available to domestic 
processors in the contiguous 48 United States at prevailing domestic 
prices. All additional western red cedar volume not sold to Alaska or 
contiguous 48 United States domestic processors may be exported to 
foreign markets at the election of the timber sale holder. All Alaska 
yellow cedar may be sold at prevailing export prices at the election of 
the timber sale holder.

                      extension of grazing permits

    Sec. 415.  The terms and conditions of section 325 of Public Law 
108-108 (117 Stat. 1307), regarding grazing permits at the Department 
of the Interior and the Forest Service, shall remain in effect for 
fiscal years 2012 through 2016. A grazing permit or lease issued by the 
Secretary of the Interior for lands administered by the Bureau of Land 
Management that is the subject of a request for a grazing preference 
transfer shall be issued, without further processing, for the remaining 
time period in the existing permit or lease using the same mandatory 
terms and conditions. If the authorized officer determines a change in 
the mandatory terms and conditions is required, the new permit must be 
processed as directed in section 325 of Public Law 108-108.

                      prohibition on use of funds

    Sec. 416.  None of the funds made available by this Act may be 
distributed to the Association of Community Organizations for Reform 
Now (ACORN) or its subsidiaries.

                    prohibition on no-bid contracts

    Sec. 417.  None of the funds appropriated or otherwise made 
available by this Act to executive branch agencies may be used to enter 
into any Federal contract unless such contract is entered into in 
accordance with the requirements of Chapter 33 of title 41, United 
States Code, or Chapter 137 of title 10, United States Code, and the 
Federal Acquisition Regulation, unless--
            (1) Federal law specifically authorizes a contract to be 
        entered into without regard for these requirements, including 
        formula grants for States, or federally recognized Indian 
        tribes; or
            (2) such contract is authorized by the Indian Self-
        Determination and Education and Assistance Act (Public Law 93-
        638, 25 U.S.C. 450 et seq., as amended) or by any other Federal 
        laws that specifically authorize a contract within an Indian 
        tribe as defined in section 4(e) of that Act (25 U.S.C. 
        450b(e)); or
            (3) such contract was awarded prior to the date of 
        enactment of this Act.

                           posting of reports

    Sec. 418. (a) Any agency receiving funds made available in this 
Act, shall, subject to subsections (b) and (c), post on the public 
website of that agency any report required to be submitted by the 
Congress in this or any other Act, upon the determination by the head 
of the agency that it shall serve the national interest.
    (b) Subsection (a) shall not apply to a report if--
            (1) the public posting of the report compromises national 
        security; or
            (2) the report contains proprietary information.
    (c) The head of the agency posting such report shall do so only 
after such report has been made available to the requesting Committee 
or Committees of Congress for no less than 45 days.

            national endowment for the arts grant guidelines

    Sec. 419.  Of the funds provided to the National Endowment for the 
Arts--
            (1) The Chairperson shall only award a grant to an 
        individual if such grant is awarded to such individual for a 
        literature fellowship, National Heritage Fellowship, or 
        American Jazz Masters Fellowship.
            (2) The Chairperson shall establish procedures to ensure 
        that no funding provided through a grant, except a grant made 
        to a State or local arts agency, or regional group, may be used 
        to make a grant to any other organization or individual to 
        conduct activity independent of the direct grant recipient. 
        Nothing in this subsection shall prohibit payments made in 
        exchange for goods and services.
            (3) No grant shall be used for seasonal support to a group, 
        unless the application is specific to the contents of the 
        season, including identified programs and/or projects.

           national endowment for the arts program priorities

    Sec. 420. (a) In providing services or awarding financial 
assistance under the National Foundation on the Arts and the Humanities 
Act of 1965 from funds appropriated under this Act, the Chairperson of 
the National Endowment for the Arts shall ensure that priority is given 
to providing services or awarding financial assistance for projects, 
productions, workshops, or programs that serve underserved populations.
    (b) In this section:
            (1) The term ``underserved population'' means a population 
        of individuals, including urban minorities, who have 
        historically been outside the purview of arts and humanities 
        programs due to factors such as a high incidence of income 
        below the poverty line or to geographic isolation.
            (2) The term ``poverty line'' means the poverty line (as 
        defined by the Office of Management and Budget, and revised 
        annually in accordance with section 673(2) of the Community 
        Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a 
        family of the size involved.
    (c) In providing services and awarding financial assistance under 
the National Foundation on the Arts and Humanities Act of 1965 with 
funds appropriated by this Act, the Chairperson of the National 
Endowment for the Arts shall ensure that priority is given to providing 
services or awarding financial assistance for projects, productions, 
workshops, or programs that will encourage public knowledge, education, 
understanding, and appreciation of the arts.
    (d) With funds appropriated by this Act to carry out section 5 of 
the National Foundation on the Arts and Humanities Act of 1965--
            (1) the Chairperson shall establish a grant category for 
        projects, productions, workshops, or programs that are of 
        national impact or availability or are able to tour several 
        States;
            (2) the Chairperson shall not make grants exceeding 15 
        percent, in the aggregate, of such funds to any single State, 
        excluding grants made under the authority of paragraph (1);
            (3) the Chairperson shall report to the Congress annually 
        and by State, on grants awarded by the Chairperson in each 
        grant category under section 5 of such Act; and
            (4) the Chairperson shall encourage the use of grants to 
        improve and support community-based music performance and 
        education.

                     use of competitive grant funds

    Sec. 421.  Section 6(d) of Public Law 96-297 (16 U.S.C. 431 note), 
as added by section 101 of Public Law 108-126, is amended by inserting 
``, except funds awarded through competitive grants,'' after ``No 
Federal funds''.

          forest service facility realignment and enhancement

    Sec. 422.  Section 503(f) of the Forest Service Realignment and 
Enhancement Act of 2005 (title V of Public Law 109-54; 16 U.S.C. 580d 
note), as amended by section 422(l) of Public Law 111-8 (123 Stat. 
748), is further amended by striking ``2011'' and inserting ``2016''.

                             service first

    Sec. 423.  Section 330 of the Department of the Interior and 
Related Agencies Appropriations Act, 2001 (Public Law 106-291; 114 
Stat. 996; 43 U.S.C. 1701 note), concerning Service First authorities 
(114 Stat. 996), as amended by section 428 of Public Law 109-54 (119 
Stat. 555-556) and section 418 of Public Law 111-8, is amended--
            (1) by striking in the first sentence ``In fiscal years 
        2001 through 2011'', and inserting ``In fiscal year 2012 and 
        each fiscal year thereafter'';
            (2) by deleting in the first sentence ``may establish pilot 
        programs''.

     federal, state, cooperative forest, range-land and watershed 
                          restoration in utah

    Sec. 424.  The authority provided by section 337 of the Department 
of the Interior and Related Agencies Appropriations Act, 2005 (Public 
Law 108-447; 118 Stat. 3012), as amended, shall remain in effect until 
September 30, 2013.

                  status of balances of appropriations

    Sec. 425.  The Department of the Interior, the Environmental 
Protection Agency, the Forest Service and the Indian Health Service 
shall provide the Committees on Appropriations of the House of 
Representatives and Senate a quarterly report on the status of balances 
of appropriations. For balances that are unobligated and uncommitted, 
committed, and obligated but unexpended, the quarterly reports shall 
separately identify the amounts attributable to each source year of 
appropriation from which the balances were derived. Initial reports 
shall be submitted to the Committees on Appropriations within 30 days 
of the end of the first quarter of fiscal year 2012. Subsequent reports 
shall be submitted within 30 days of the end of each quarter 
thereafter.

                 report on use of climate change funds

    Sec. 426.  Not later than 120 days after the date on which the 
President's fiscal year 2013 budget request is submitted to Congress, 
the President shall submit a comprehensive report to the Committee on 
Appropriations of the House of Representatives and the Committee on 
Appropriations of the Senate describing in detail all Federal agency 
funding, domestic and international, for climate change programs, 
projects and activities in fiscal year 2011 and fiscal year 2012, 
including an accounting of funding by agency with each agency 
identifying climate change programs, projects and activities and 
associated costs by line item as presented in the President's Budget 
Appendix, and including citations and linkages where practicable to 
each strategic plan that is driving funding within each climate change 
program, project and activity listed in the report.

                        stewardship contracting

    Sec. 427.  Section 347(a) of the Department of the Interior and 
Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104 note; Public 
Law 105-277) is amended by striking ``September 30, 2013'' and 
inserting ``September 30, 2023''.

                      prohibition on use of funds

    Sec. 428.  Notwithstanding any other provision of law, none of the 
funds made available in this Act or any other Act may be used to 
promulgate or implement any regulation requiring the issuance of 
permits under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for 
carbon dioxide, nitrous oxide, water vapor, or methane emissions 
resulting from biological processes associated with livestock 
production.

                 greenhouse gas reporting restrictions

    Sec. 429.  Notwithstanding any other provision of law, none of the 
funds made available in this or any other Act may be used to implement 
any provision in a rule, if that provision requires mandatory reporting 
of greenhouse gas emissions from manure management systems.

            indian employment, training and related services

    Sec. 430.  Notwithstanding any other provision of law, and 
notwithstanding any auditing or reporting circular of the Office of 
Management and Budget or related compliance memoranda, hereinbefore and 
hereinafter (1) any funds supplied by any Federal department or agency 
to carry out a plan under Public Law 102-477 (the Indian Employment, 
Training and Related Services Demonstration Act), as amended, shall be 
consolidated and made available to the applicable Indian tribe or 
tribal organization pursuant to an existing contract, compact, or 
funding agreement under title I or title IV of Public Law 93-638 (the 
Indian Self-Determination and Education Assistance Act), as amended; 
and (2) no Indian tribe or tribal organization carrying out such a plan 
shall be required to separately account for the expenditure of the 
funds of each Federal department or agency after the date on which the 
funds are consolidated and paid to the Indian tribe or tribal 
organization.

              stationary source greenhouse gas prohibition

    Sec. 431. (a) During the one year period commencing on the date of 
enactment of this Act--
    (1) the Administrator of the Environmental Protection Agency shall 
not propose or promulgate any regulation regarding the emissions of 
greenhouse gases from stationary sources to address climate change, 
except this paragraph does not apply to--
            (A) regulations promulgated under title VI of the Clean Air 
        Act (42 U.S.C. 7671 et seq.); or
            (B) regulations designed to limit or defer existing 
        greenhouse gas regulation of stationary sources;
    (2) any Federal statutory or regulatory provision requiring a 
permit (or permit condition) under the Clean Air Act (42 U.S.C. 7401 et 
seq.) for emissions of greenhouse gases from a stationary source to 
address climate change shall be of no legal effect;
    (3) any federally enforceable permit condition for emissions of 
greenhouse gases from a stationary source to address climate change in 
a permit under the Clean Air Act (42 U.S.C. 7401 et seq.) issued prior 
to the date of enactment of this Act shall be of no legal effect; and
    (4) no cause of action based on Federal or State common law or 
civil tort (including nuisance) may be brought or maintained, and no 
liability, money damages, or injunctive relief arising from such an 
action may be imposed, for--
            (A) any potential or actual contribution of a greenhouse 
        gas to climate change; or
            (B) any direct or indirect effect of potential or actual or 
        past, present, or future increases in concentrations of a 
        greenhouse gas.
    (b) Any permit for a stationary source subject to title I of the 
Clean Air Act (42 U.S.C. 7401 et seq.) for which an application was 
submitted prior to the expiration of the one year period commencing on 
the date of the enactment of this Act (regardless of when such permit 
is issued) shall not include any federally enforceable condition for 
greenhouse gas emissions to address climate change.

                             stream buffer

    Sec. 432.  None of the funds made available by this Act may be used 
to develop, carry out, implement, or otherwise enforce proposed 
regulations published June 18, 2010 (75 Fed. Reg. 34,667) by the Office 
of Surface Mining Reclamation and Enforcement of the Department of the 
Interior.

                   enhanced coordination restrictions

    Sec. 433.  None of the funds made available by this Act to the 
Environmental Protection Agency, the Corps of Engineers, or the Office 
of Surface Mining Reclamation and Enforcement may be used to carry out, 
implement, administer, or enforce any policy or procedure set forth in 
--
            (1) the memorandum issued by the Environmental Protection 
        Agency and Department of the Army entitled ``Enhanced Surface 
        Coal Mining Pending Permit Coordination Procedures'', dated 
        June 11, 2009; or
            (2) the guidance (or any revised version thereof) issued by 
        the Environmental Protection Agency entitled ``Improving EPA 
        Review of Appalachian Surface Coal Mining Operations under the 
        Clean Water Act, National Environmental Policy Act, and the 
        Environmental Justice Executive Order'', dated April 1, 2010.

                          coal combustion ash

    Sec. 434.  None of the funds made available by this Act may be used 
by the Environmental Protection Agency to develop, propose, finalize, 
implement, administer, or enforce any regulation that identifies or 
lists fossil fuel combustion waste as hazardous waste subject to 
regulation under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 
6921 et seq.) or otherwise makes fossil fuel combustion waste subject 
to regulation under such subtitle.

                      waters of the united states

    Sec. 435.  None of the funds made available by this Act or any 
subsequent Act making appropriations for the Environmental Protection 
Agency may be used by the Environmental Protection Agency to develop, 
adopt, implement, administer, or enforce a change or supplement to the 
rule dated November 13, 1986, or guidance documents dated January 15, 
2003, and December 2, 2008, pertaining to the definition of waters 
under the jurisdiction of the Federal Water Pollution Control Act (33 
U.S.C. 1251 et seq.).

                           thermal discharges

    Sec. 436.  None of the funds made available by this Act or any 
other Act shall be used to further develop, finalize, implement, or 
enforce the proposed regulatory requirements issued by the 
Environmental Protection Agency and published for public comment in the 
Federal Register on April 20, 2011 (76 Fed. Reg. 22,174); or to develop 
or enforce any other new regulations or requirements designed to 
implement section 316(b) of the Federal Water Pollution Control Act (33 
U.S.C. 1312 (b)).

            forest service pre-decisional objection process

    Sec. 437.  Hereafter, upon issuance of final regulations, the 
Secretary of Agriculture, acting through the Chief of the Forest 
Service, shall apply section 105(a) of the Healthy Forests Restoration 
Act of 2003 (16 U.S.C. 6515(a)), providing for a pre-decisional 
objection process, to proposed actions of the Forest Service concerning 
projects and activities implementing land and resource management plans 
developed under the Forest and Rangeland Renewable Resources Planning 
Act of 1974 (16 U.S.C. 1600 et seq.) in lieu of subsections (c), (d), 
and (e) of section 322 of Public Law 102-381 (16 U.S.C. 1612 note), 
providing for an administrative appeal process: Provided, That if the 
Chief of the Forest Service determines an emergency situation exists 
for which immediate implementation of a proposed action is necessary, 
the proposed action shall not be subject to the pre-decisional 
objection process, and implementation shall begin immediately after the 
Forest Service gives notice of the final decision for the proposed 
action: Provided further, That this section shall not apply to an 
authorized hazardous fuel reduction project under title I of the 
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 et seq.).

                        silvicultural activities

    Sec. 438.  Section 402(l) of the Federal Water Pollution Control 
Act (33 U.S.C. 1342(l)) is amended by adding at the end the following:
            ``(3) Silvicultural activities.--The Administrator shall 
        not require a permit under this section, nor shall the 
        Administrator directly or indirectly require any State to 
        require a permit, for discharges of stormwater runoff from 
        roads, the construction, use, or maintenance of which are 
        associated with silvicultural activities, or from other 
        silvicultural activities involving nursery operations, site 
        preparation, reforestation and subsequent cultural treatment, 
        thinning, prescribed burning, pest and fire control, harvesting 
        operations, or surface drainage.''.

                          stormwater discharge

    Sec. 439.  None of the funds made available by this Act or any 
other Act may be expended for the development, adoption, 
implementation, or enforcement of regulations or guidance that would 
expand the Federal stormwater discharge program under section 402(p) of 
the Federal Water Pollution Control Act (33 U.S.C. 1342(p)) to post-
construction commercial or residential properties until 90 days after 
the Administrator of the Environmental Protection Agency submits to the 
Committee on Transportation and Infrastructure and the Committee on 
Appropriations of the House of Representatives and the Committee on 
Environment and Public Works and the Committee on Appropriations of the 
Senate the study of stormwater discharges required under section 
402(p)(5) of such Act (33 U.S.C. 1342(p)(5)). Such study shall 
include--
            (1) a thorough review and analysis of potential regulatory 
        options under the stormwater program;
            (2) the program's anticipated costs (including to the 
        Environmental Protection Agency, States, and potentially 
        regulated entities) and benefits; and
            (3) a numerical identification of both relative cost 
        effectiveness among the options and the anticipated water 
        quality enhancements that would result from each option.

                           association placer

    Sec. 440.  Section 10101 of the Omnibus Budget Reconciliation Act 
of 1993 (30 U.S.C. 28f) is amended by redesignating subsections (c) and 
(d) as subsections (d) and (e), respectively, and inserting after 
subsection (b) the following new subsection:
    ``(c) For each placer claim held by an association of 2 or more 
persons, the claim maintenance fee shall be charged--
            ``(1) for each 20-acre tract that is subject to the claim; 
        and
            ``(2) for any remaining tract (after application of 
        paragraph (1)) that is subject to the claim.''.

                    flexible air permitting programs

    Sec. 441.  The Administrator of the Environmental Protection 
Agency--
            (1) shall take no action (including any rulemaking or 
        enforcement action) to disapprove or prevent implementation of 
        any flexible air permitting program under which emissions from 
        multiple sources may be combined for purposes of determining 
        compliance with an emissions limitation that--
                    (A) has been submitted by a State as a revision to 
                the State implementation plan pursuant to section 110 
                of the Clean Air Act (42 U.S.C. 7410); and
                    (B) has been adopted as part of the State 
                implementation plan for such State prior to the date of 
                enactment of this Act; and
            (2) shall take no enforcement action against the holder of 
        an individual permit issued under an air permitting program 
        described in paragraph (1) based on any disapproval of the 
        program by the Administrator prior to the date of the enactment 
        of this Act.

                       domestic livestock grazing

    Sec. 442.  None of the funds made available by this Act or any 
other Act through fiscal year 2016 may be used to plan or carry out any 
action or any subsequent agency regulation for managing bighorn sheep 
(whether native or nonnative) populations on any parcel of Federal land 
(as defined in section 3 of the Healthy Forests Restoration Act of 2003 
(16 U.S.C. 6502)) if the action may or will result in a reduction in 
the number of domestic livestock permitted to graze on the parcel or in 
the distribution of livestock on the parcel.

         air emissions from outer continental shelf activities

    Sec. 443. (a) Section 328(a)(1) of the Clean Air Act (42 U.S.C. 
7627(a)(1)) is amended by inserting before the period at the end of the 
second sentence the following: ``, except that any air quality impact 
of any OCS source shall be measured or modeled, as appropriate, and 
determined solely with respect to the impacts in the corresponding 
onshore area''.
    (b) Section 328(a)(4)(C) of the Clean Air Act (42 U.S.C. 
7627(a)(4)(C)) is amended in the matter following clause (iii) by 
striking ``shall be considered direct emissions from the OCS source'' 
and inserting ``shall be considered direct emissions from the OCS 
source but shall not be subject to any emission control requirement 
applicable to the source under subpart 1 of part C of title I of this 
Act. For platform or drill ship exploration, an OCS source is 
established at the point in time when drilling commences at a location 
and ceases to exist when drilling activity ends at such location or is 
temporarily interrupted because the platform or drill ship relocates 
for weather or other reasons''.
    (c)(1) Section 328 of the Clean Air Act (42 U.S.C. 7627) is amended 
by adding at the end thereof the following:
    ``(d) Permit Application.--In the case of a completed application 
for a permit under this Act for platform or drill ship exploration for 
an OCS source--
            ``(1) final agency action (including any reconsideration of 
        the issuance or denial of such permit) shall be taken not later 
        than 6 months after the date of filing such completed 
        application;
            ``(2) the Environmental Appeals Board of the Environmental 
        Protection Agency shall have no authority to consider any 
        matter regarding the consideration, issuance, or denial of such 
        permit;
            ``(3) no administrative stay of the effectiveness of such 
        permit may extend beyond the date that is 6 months after the 
        date of filing such completed application;
            ``(4) such final agency action shall be considered to be 
        nationally applicable under section 307(b); and
            ``(5) judicial review of such final agency action shall be 
        available only in accordance with section 307(b) without 
        additional administrative review or adjudication.''.
    (2) Section 328(a)(4) of the Clean Air Act (42 U.S.C. 7627(a)(4)) 
is amended by striking ``For purposes of subsections (a) and (b)'' and 
inserting ``For purposes of this subsection and subsections (b) and 
(d)''.

               integrated risk information system (iris)

    Sec. 444. (a) The Administrator of the Environmental Protection 
Agency (EPA)--
    (1) shall immediately implement improvements in the IRIS program in 
accordance with the recommendations of Chapter 7 of the National 
Research Council's Review of the Environmental Protection Agency's 
Draft IRIS Assessment of Formaldehyde;
    (2) shall provide a report to the authorizing and appropriating 
Committees of the House of Representatives and Senate by December 1, 
2011 describing how such recommendations have been implemented for--
            (A) each of the existing assessments currently underway; 
        and
            (B) any new assessments.
    (3) shall not use any funds to take any administrative action based 
on any draft or final assessment that is not based on--
            (A) improvements implemented in the IRIS program in 
        accordance with the recommendations of Chapter 7 of the 
        National Research Council's Review of the Environmental 
        Protection Agency's Draft IRIS Assessment of Formaldehyde; and
            (B) demonstration of such implementation by documentation 
        of the activities taken to implement the recommendations.
    (b)(1) Utilizing funds appropriated in this Act, the Administrator 
shall within 90 days arrange for the National Academy of Sciences to 
review the EPA report required by section (a)(2). The Academy's review 
shall assess the scientific, technical, and process changes being 
implemented or planned by EPA in the IRIS program and shall recommend 
modifications or additions to these changes as appropriate to improve 
substantially the scientific and technical performance of the IRIS 
program. The Academy shall also identify a representative sample of up 
to three specific IRIS assessments nearing completion that could be 
reviewed to evaluate the results of the changes being implemented by 
the EPA.
    (2) Utilizing funds appropriated in this Act, the Administrator 
shall arrange for the National Academy of Sciences to perform a 
scientific and technical review of up to three IRIS assessments based 
on the recommendation of the Academy in the review provided for in 
subsection (b)(1).
    (c) No funds in this Act shall be available for expenditure by EPA 
for further action of any kind on any proposed rule, regulation, 
guidance, goal, or permit, issued after May 21, 2009 that solicited 
comment on a proposal that, if finalized, would result, based on 
application of EPA exposure assumptions, in the lowering or further 
lowering of any exposure level that would be within or below background 
concentration levels in ambient air, public drinking water sources, 
soil, or sediment.

                 arizona mineral withdrawal prohibition

    Sec. 445.  Notwithstanding any other provision of law, none of the 
approximately 1,010,776 acres of public lands and National Forest 
System lands described in Public Land Order No. 7773; Emergency 
Withdrawal of Public and National Forest System Lands, Coconino and 
Mohave Counties; AZ (76 Fed. Reg. 37826) may be withdrawn from location 
and entry under the General Mining Law of 1872 (30 U.S.C. 22 et seq.) 
except as expressly authorized by a law enacted after the date of 
enactment of this Act that refers to this section.

  travel management rule and national forest system land in california

    Sec. 446. (a) Consideration of Routes Not Previously Considered.--
The Secretary of Agriculture shall not implement or enforce Subpart B 
of the Travel Management Rule (subpart B of part 212 of title 36, Code 
of Federal Regulations), relating to the designation of roads, trails, 
and areas for motor vehicle use, in an administrative unit of the 
National Forest System in California until the Secretary completes 
post-Subpart B Project Level Trail Planning of unauthorized routes in 
the unit not considered in Subpart B.
    (b) Treatment of Maintenance-level 3 Roads.--In implementing 
Subpart B of the Travel Management Rule in an administrative unit of 
the National Forest System in California, the Secretary of Agriculture 
shall not treat a maintenance-level 3 road (as defined in the Forest 
Service Handbook) as a ``highway'' for purposes of determining 
applicability of division 16.5 of the California Vehicle Code (section 
38000 et seq.), relating to off-highway motor vehicles.

                           biological opinions

    Sec. 447.  None of the funds made available by this Act may be used 
to modify, cancel, or suspend the registration of a pesticide 
registered or reregistered under section 3 or 4 of the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.136a, 136a-1) in 
response to a final biological opinion or other written statement 
issued under section 7(b) of the Endangered Species Act of 1973 (16 
U.S.C. 1536(b)).

                             portland cement

    Sec. 448.  None of the funds made available by this Act may be used 
to implement, administer, or enforce the rule entitled ``National 
Emission Standards for Hazardous Air Pollutants From the Portland 
Cement Manufacturing Industry and Standards of Performance for Portland 
Cement Plants'' published by the Environmental Protection Agency on 
September 9, 2010 (75 Fed. Reg. 54970 et seq.).

                           funding prohibition

    Sec. 449.  None of the funds made available by this Act may be used 
to enter into a contract, memorandum of understanding, or cooperative 
agreement with, make a grant to, or provide a loan or loan guarantee 
to, any corporation that was convicted (or had an officer or agent of 
such corporation acting on behalf of the corporation convicted) of a 
felony criminal offense under any Federal law within the preceding 24 
months.

                              lead test kit

    Sec. 450.  None of the funds made available by this Act may be used 
to implement or enforce regulations under subpart E of part 745 of 
title 40, Code of Federal Regulations (commonly known as the ``Lead; 
Renovation, Repair, and Painting Rule''), or any subsequent amendments 
to such regulations, until the Administrator of the Environmental 
Protection Agency publicizes Environmental Protection Agency 
recognition of a commercially-available lead test kit that meets both 
criteria under section 745.88(c) of title 40, Code of Federal 
Regulations.

             limitation with respect to delinquent tax debts

    Sec. 451.  None of the funds made available by this Act may be used 
to enter into a contract, memorandum of understanding, or cooperative 
agreement with, make a grant to, or provide a loan or loan guarantee 
to, any corporation with an unpaid Federal tax liability that has been 
assessed, for which all judicial and administrative remedies have been 
exhausted or have lapsed, and that is not being paid in a timely manner 
pursuant to an agreement with the authority responsible for collecting 
the tax liability.

                         water quality standards

    Sec. 452.  None of the funds made available by this Act may be used 
to implement, administer, or enforce the rule entitled ``Water Quality 
Standards for the State of Florida's Lakes and Flowing Waters'' 
published in the Federal Register by the Environmental Protection 
Agency on December 6, 2010 (75 Fed. Reg. 75762 et seq.).

                         mobile source emissions

    Sec. 453.  None of the funds made available under this Act shall be 
used--
            (1) to prepare, propose, promulgate, finalize, implement, 
        or enforce any regulation pursuant to section 202 of the Clean 
        Air Act (42 U.S.C. 7521) regarding the regulation of any 
        greenhouse gas emissions from new motor vehicles or new motor 
        vehicle engines that are maufactured after model year 2016 to 
        address climate change; or
            (2) to consider or grant a waiver under section 209(b) of 
        such Act (42 U.S.C. 7543(b)) so that a State or political 
        subdivision thereof may adopt or attempt to enforce standards 
        for the control of emissions of any greenhouse gas from new 
        motor vehicles or new motor vehicle engines that are 
        manufactured after model year 2016 to address climate change.

                           particulate matter

    Sec. 454.  None of the funds made available by this Act may be used 
to modify the national primary ambient air quality standard or the 
national secondary ambient air quality standard applicable to coarse 
particulate matter (generally referred to as ``PM10'') under section 
109 of the Clean Air Act (42 U.S.C. 7409).

                           financial assurance

    Sec. 455.  None of the funds made available by this Act may be used 
to develop, propose, finalize, implement, enforce, or administer any 
regulation that would establish new financial responsibility 
requirements pursuant to section 108(b) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9608(b)).

                  wetlands designations in emergencies

    Sec. 456.  None of the funds made available in this Act may be used 
to delineate new wetlands in any county included in a major disaster 
declaration as a result of flooding in the year 2011 for purposes of 
section 404 of the Federal Water Pollution Control Act (33 U.S.C. 
1344).

                 alaska native regional health entities

    Sec. 457. (a) Notwithstanding any other provision of law and until 
October 1, 2013,the Indian Health Service may not disburse funds for 
the provision of health care services pursuant to Public Law 93-638 (25 
U.S.C. 450 et seq.) to any Alaska Native village or Alaska Native 
village corporation that is located within the area served by an Alaska 
Native regional health entity.
    (b) Nothing in this section shall be construed to prohibit the 
disbursal of funds to any Alaska Native village or Alaska Native 
village corporation under any contract or compact entered into prior to 
May 1, 2006, or to prohibit the renewal of any such agreement.
    (c) For the purpose of this section, Eastern Aleutian Tribes, Inc., 
the Council of Athabascan Tribal Governments, and the Native Village of 
Eyak shall be treated as Alaska Native regional health entities to 
which funds may be disbursed under this section.

                       land exchange notification

    Sec. 458.  Section 206 of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1716) is amended by adding at the end the 
following new subsection:
    ``(j) In the case of any exchange involving public land or National 
Forest System land to be carried out (whether directly or through a 
third-party) under this Act or other applicable law, the Secretary 
concerned shall provide written notice of the proposed land exchange to 
each owner of non-Federal land adjoining the parcel of public land or 
National Forest System land proposed for exchange and each owner of 
non-Federal land adjoining the non-Federal land proposed to be acquired 
in the exchange. The Secretary shall determine adjoining landowners 
using the most-recent available tax records. For purposes of providing 
notification under this subsection, adjoining land means land sharing 
any length of border with the public land, National Forest System land, 
or non-Federal land subject to the proposed exchange, including contact 
solely at a boundary corner.''.

                  ballast water management regulations

    Sec. 459. (a) Prohibition.--None of the funds made available by 
this Act for the Environmental Protection Agency shall be provided to 
any State that--
            (1) is adjacent to one or more of the Great Lakes; and
            (2) has in effect a certification under section 401 of the 
        Federal Water Pollution Control Act (33 U.S.C. 1341) or a State 
        permit requirement that imposes on vessels that discharge 
        ballast water into, take in ballast water from, or transit that 
        State's waters a performance standard for ballast water 
        management systems, or a ballast water exchange standard, which 
        the Commandant of the Coast Guard determines is more stringent 
        than the following standards:
                    (A) Coast Guard regulations that have been placed 
                into effect after the date of enactment of this Act 
                regarding standards for living organisms in ships' 
                ballast water discharged in United States waters from 
                vessels and regarding vessel open water ballast water 
                exchange.
                    (B) Only to the extent that the regulations 
                described in subparagraph (A) are not in effect, the 
                standards for the control and management of ship's 
                ballast water and sediment adopted by the International 
                Maritime Organization as of the date of enactment of 
                this Act.
    (b) Definitions.--In this section:
            (1) The term ``Great Lakes'' has the same meaning given 
        that term in section 118(a) of the Federal Water Pollution 
        Control Act (33 U.S.C. 1268(a)).
            (2) The term ``is more stringent than'' means one or more 
        of the following:
                    (A) Includes a higher percentage efficiency of 
                volumetric exchange of ballast water.
                    (B) Includes a higher relative volume of pumping 
                throughput for ballast water exchange.
                    (C) Requires a greater distance from the nearest 
                land or a greater depth of water for conducting ballast 
                water exchange.
                    (D) Includes a ballast water management performance 
                standard that requires a lower concentration of viable 
                organisms.
                    (E) Includes a ballast water management performance 
                standard that requires a smaller minimum dimension of 
                viable organisms.
                    (F) Includes a ballast water management performance 
                standard that includes additional indicator microbes.
                    (G) Includes an earlier deadline for meeting a 
                ballast water management performance standard or a 
                ballast water exchange standard.
                    (H) Precludes the use of one or more ballast water 
                treatment technologies approved through the applicable 
                requirement described in subparagraphs (A) or (B) of 
                subsection (a)(2).
                    (I) Requires the use of one or more ballast water 
                treatment technologies not approved by the applicable 
                requirement described in subparagraphs (A) or (B) of 
                subsection (a)(2).

                            pesticide labels

    Sec. 460.  None of the funds made available by this Act may be used 
by the Administrator of the Environmental Protection Agency to finalize 
the Proposed Guidance on False or Misleading Pesticide Product Brand 
Names, as contained in Draft Pesticide Registration Notice 2010-X 
(Docket ID EPA-HQ-OPP-2010-0282).

                 ammonia regulation funding prohibition

    Sec. 461.  None of the funds made available by this Act may be used 
to regulate ammonia or ammonium under any national secondary ambient 
air quality standard for oxides of nitrogen and oxides of sulfur 
promulgated pursuant to section 109 of the Clean Air Act (42 U.S.C. 
7409).

                      regulatory economic analysis

    Sec. 462. (a) Not later than 12 months after the date of the 
enactment of this Act, the Administrator of the Environmental 
Protection Agency (in this section referred to as the 
``Administrator'') shall conduct a study, and submit a report to the 
Congress, on the cumulative impacts of the following rules, guidelines, 
and actions:
            (1) The following published rules (including any successor 
        or substantially similar rule):
                    (A) ``Federal Implementation Plans To Reduce 
                Interstate Transport of Fine Particulate Matter and 
                Ozone'', published at 75 Fed. Reg. 45210 (August 2, 
                2010).
                    (B) ``National Ambient Air Quality Standards for 
                Ozone'', published at 75 Fed. Reg. 2938 (January 19, 
                2010).
                    (C) ``National Emission Standards for Hazardous Air 
                Pollutants for Major Sources: Industrial, Commercial, 
                and Institutional Boilers and Process Heaters'', 
                published at 76 Fed. Reg. 15608 (March 21, 2011).
                    (D) ``National Emission Standards for Hazardous Air 
                Pollutants for Area Sources: Industrial, Commercial, 
                and Institutional Boilers'', published at 76 Fed. Reg. 
                15554 (March 21, 2011).
                    (E) ``National Emission Standards for Hazardous Air 
                Pollutants from Coal- and Oil-fired Electric Utility 
                Steam Generating Units and Standards of Performance for 
                Fossil-Fuel-Fired Electric Utility, Industrial-
                Commercial-Institutional, and Small Industrial-
                Commercial-Institutional Steam Generating Units'', 
                signed by Administrator Lisa P. Jackson on March 16, 
                2011.
                    (F) ``Hazardous and Solid Waste Management System; 
                Identification and Listing of Special Wastes; Disposal 
                of Coal Combustion Residuals From Electric Utilities'', 
                published at 75 Fed. Reg. 35127 (June 21, 2010).
                    (G) ``Primary National Ambient Air Quality Standard 
                for Sulfur Dioxide'', published at 75 Fed. Reg. 35520 
                (June 22, 2010).
                    (H) ``Primary National Ambient Air Quality 
                Standards for Nitrogen Dioxide'', published at 75 Fed. 
                Reg. 6474 (February 9, 2010).
            (2) The following additional rules or guidelines 
        promulgated on or after January 1, 2009:
                    (A) Any rule or guideline promulgated under section 
                111(b) or 111(d) of the Clean Air Act (42 U.S.C. 
                7411(b), 7411(d)) to address climate change.
                    (B) Any rule or guideline promulgated by the 
                Administrator of the Environmental Protection Agency, a 
                State, a local government, or a permitting agency under 
                or as the result of section 169A or 169B of the Clean 
                Air Act (42 U.S.C. 7491, 7492).
                    (C) Any rule establishing or modifying a national 
                ambient air quality standard under section 109 of the 
                Clean Air Act (42 U.S.C. 7409).
            (3) Any action on or after January 1, 2009, by the 
        Administrator of the Environmental Protection Agency, a State, 
        a local government, or a permitting agency as a result of the 
        application of part C of title I (relating to prevention of 
        significant deterioration of air quality) or title V (relating 
        to permitting) of the Clean Air Act (42 U.S.C. 7401 et seq.), 
        if such application occurs with respect to an air pollutant 
        that is identified as a greenhouse gas in ``Endangerment and 
        Cause or Contribute Findings for Greenhouse Gases Under Section 
        202(a) of the Clean Air Act'', published at 74 Fed. Reg. 66496 
        (December 15, 2009).
    (b) In conducting the study under subsection (a), the Administrator 
shall consider primary and secondary impacts on jobs, costs to 
ratepayers and consumers, impacts on electric reliability and resource 
adequacy, impacts to the global economic competitiveness of the United 
States, impacts on small business, any changes in the fuel mix used in 
the electric power sector and resulting impacts to the economies of 
communities and States where those fuels are produced, impacts to the 
public health and welfare resulting from increased electricity costs, 
and any other relevant costs.
    (c) The Administrator shall not take final action with respect to 
the rule listed in subsection (a)(1)(E) (relating to national emission 
standards and standards of performance for certain electric generating 
units) until a date (to be determined by the Administrator) that is at 
least 6 months after the day on which the Administrator submits the 
report required by subsection (a).
    (d) Notwithstanding the final action taken with respect to the rule 
listed in subsection (a)(1)(A) (relating to Federal implementation 
plans to reduce interstate transport of fine particulate matter and 
ozone) and final action (if any) taken with respect to the rule listed 
in subsection (a)(1)(E) prior to the date of the enactment of this 
Act--
    (1) such final action shall not be or become, as applicable, 
effective until a date (to be determined by the Administrator) that is 
at least 6 months after the day on which the Administrator submits the 
report required by subsection (a); and
    (2) the date for compliance with any standard or requirement in 
either such finalized rule, and any date for further regulatory action 
triggered by either such finalized rule, shall be delayed by a period 
equal to the period--
            (A) beginning on the date of the publication of the final 
        action for the respective finalized rule; and
            (B) ending on the date on which such final action becomes 
        effective pursuant to paragraph (1).
    (e) Notwithstanding any other provision of law, the Administrator 
shall continue to implement the Clean Air Interstate Rule and the rule 
establishing Federal Implementation Plans for the Clean Air Interstate 
Rule as promulgated and modified by the Administrator of the 
Environmental Protection Agency (70 Fed. Reg. 25162 (May 12, 2005), 71 
Fed. Reg. 25288 (April 28, 2006), 71 Fed. Reg. 25328 (April 28, 2006), 
72 Fed. Reg. 59190 (Oct. 19, 2007), 72 Fed. Reg. 62338 (Nov. 2, 2007), 
74 Fed. Reg. 56721 (Nov. 3, 2009)) until the date on which final action 
with respect to the rule listed in subsection (a)(1)(A) becomes 
effective pursuant to subsection (d)(1).

            TITLE V--REDUCING REGULATORY BURDENS ACT OF 2011

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Reducing Regulatory Burdens Act of 
2011''.

SEC. 502. USE OF AUTHORIZED PESTICIDES.

    Section 3(f) of the Federal Insecticide, Fungicide, and Rodenticide 
Act (7 U.S.C. 136a(f)) is amended by adding at the end the following:
            ``(5) Use of authorized pesticides.--Except as provided in 
        section 402(s) of the Federal Water Pollution Control Act, the 
        Administrator or a State may not require a permit under such 
        Act for a discharge from a point source into navigable waters 
        of a pesticide authorized for sale, distribution, or use under 
        this Act, or the residue of such a pesticide, resulting from 
        the application of such pesticide.''.

SEC. 503. DISCHARGES OF PESTICIDES.

    Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 
1342) is amended by adding at the end the following:
    ``(s) Discharges of Pesticides.--
            ``(1) No permit requirement.--Except as provided in 
        paragraph (2), a permit shall not be required by the 
        Administrator or a State under this Act for a discharge from a 
        point source into navigable waters of a pesticide authorized 
        for sale, distribution, or use under the Federal Insecticide, 
        Fungicide, and Rodenticide Act, or the residue of such a 
        pesticide, resulting from the application of such pesticide.
            ``(2) Exceptions.--Paragraph (1) shall not apply to the 
        following discharges of a pesticide or pesticide residue:
                    ``(A) A discharge resulting from the application of 
                a pesticide in violation of a provision of the Federal 
                Insecticide, Fungicide, and Rodenticide Act that is 
                relevant to protecting water quality, if--
                            ``(i) the discharge would not have occurred 
                        but for the violation; or
                            ``(ii) the amount of pesticide or pesticide 
                        residue in the discharge is greater than would 
                        have occurred without the violation.
                    ``(B) Stormwater discharges subject to regulation 
                under subsection (p).
                    ``(C) The following discharges subject to 
                regulation under this section:
                            ``(i) Manufacturing or industrial effluent.
                            ``(ii) Treatment works effluent.
                            ``(iii) Discharges incidental to the normal 
                        operation of a vessel, including a discharge 
                        resulting from ballasting operations or vessel 
                        biofouling prevention.''.

                TITLE VI--ADDITIONAL GENERAL PROVISIONS

                       spending reduction account

    Sec. 601.  The amount by which the applicable allocation of new 
budget authority made by the Committee on Appropriations of the House 
of Representatives under section 302(b) of the Congressional Budget Act 
of 1974 exceeds the amount of proposed new budget authority is 
$8,000,000.
    This Act may be cited as the ``Department of the Interior, 
Environment, and Related Agencies Appropriations Act, 2012''.
                                                  Union Calendar No. 97

112th CONGRESS

  1st Session

                               H. R. 2584

                          [Report No. 112-151]

_______________________________________________________________________

                                 A BILL

Making appropriations for the Department of the Interior, environment, 
and related agencies for the fiscal year ending September 30, 2012, and 
                          for other purposes.

_______________________________________________________________________

                             July 19, 2011

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
```