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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2996 Engrossed Amendment Senate (EAS)]

                  In the Senate of the United States,

                                                    September 24, 2009.
    Resolved, That the bill from the House of Representatives (H.R. 
2996) entitled ``An Act making appropriations for the Department of the 
Interior, environment, and related agencies for the fiscal year ending 
September 30, 2010, and for other purposes.'', do pass with the 
following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

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, 2010, 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 assessment of mineral potential of public lands 
pursuant to Public Law 96-487 (16 U.S.C. 3150(a)), $965,721,000, to 
remain available until expended, of which not to exceed $69,336,000 is 
available for oil and gas management; and of which $1,500,000 is for 
high priority projects, to be carried out by the Youth Conservation 
Corps; and of which $3,000,000 shall be available in fiscal year 2010 
subject to a match by at least an equal amount by the National Fish and 
Wildlife Foundation for cost-shared projects supporting conservation of 
Bureau lands; and such funds shall be advanced to the Foundation as a 
lump sum grant without regard to when expenses are incurred.
    In addition, $45,500,000 is for the processing of applications for 
permit to drill and related use authorizations, to remain available 
until expended, to be reduced by amounts collected by the Bureau and 
credited to this appropriation that shall be derived from $6,500 per 
new application for permit to drill that the Bureau shall collect upon 
submission of each new application, and in addition, $36,696,000 is for 
Mining Law Administration program operations, including the cost of 
administering the mining claim fee program; to remain available until 
expended, to be reduced by amounts collected by the Bureau and credited 
to this appropriation from annual mining claim fees so as to result in 
a final appropriation estimated at not more than $965,721,000, 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, $8,626,000, to remain available 
until expended.

                            land acquisition

    For expenses necessary to carry out sections 205, 206, and 318(d) 
of Public Law 94-579, including administrative expenses and acquisition 
of lands or waters, or interests therein, $28,650,000, to be derived 
from the Land and Water Conservation Fund and to remain available until 
expended: Provided, That, notwithstanding the joint explanatory 
statement of the Committee on Appropriations of the House of 
Representatives accompanying Public Law 111-8 (123 Stat. 524), the 
amount of $2,000,000 made available for the Henry's Lake ACEC in the 
State of Idaho (as described in the table entitled ``Congressionally 
Designated Spending'' contained in section 430 of that joint 
explanatory statement) shall be made available for the Upper Snake/
South Fork River ACEC/SRMA in the State of Idaho.

                   oregon and california grant lands

    For expenses necessary for management, protection, and development 
of resources and for construction, operation, and maintenance of access 
roads, reforestation, and other improvements on the revested Oregon and 
California Railroad grant lands, on other Federal lands in the Oregon 
and California land-grant counties of Oregon, and on adjacent rights-
of-way; and acquisition of lands or interests therein, including 
existing connecting roads on or adjacent to such grant lands; 
$111,557,000, to remain available until expended: Provided, That 25 
percent of the aggregate of all receipts during the current fiscal year 
from the revested Oregon and California Railroad grant lands is hereby 
made a charge against the Oregon and California land-grant fund and 
shall be transferred to the General Fund in the Treasury in accordance 
with the second paragraph of subsection (b) of title II of the Act of 
August 28, 1937 (50 Stat. 876).

               forest ecosystem health and recovery fund

                   (revolving fund, special account)

    In addition to the purposes authorized in Public Law 102-381, funds 
made available in the Forest Ecosystem Health and Recovery Fund can be 
used for the purpose of planning, preparing, implementing and 
monitoring salvage timber sales and forest ecosystem health and 
recovery activities, such as release from competing vegetation and 
density control treatments. The Federal share of receipts (defined as 
the portion of salvage timber receipts not paid to the counties under 
43 U.S.C. 1181f and 43 U.S.C. 1181f-1 et seq., and Public Law 106-393) 
derived from treatments funded by this account shall be deposited into 
the Forest Ecosystem Health and Recovery Fund.

                           range improvements

    For rehabilitation, protection, and acquisition of lands and 
interests therein, and improvement of Federal rangelands pursuant to 
section 401 of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701), notwithstanding any other Act, sums equal to 50 percent 
of all moneys received during the prior fiscal year under sections 3 
and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount 
designated for range improvements from grazing fees and mineral leasing 
receipts from 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 section, whether as a result of forfeiture, compromise, or 
settlement, if not appropriate for refund pursuant to section 305(c) of 
that Act (43 U.S.C. 1735(c)), shall be available and may be expended 
under the authority of this Act by the Secretary to improve, protect, 
or rehabilitate any public lands administered through the Bureau of 
Land Management which have been damaged by the action of a resource 
developer, purchaser, permittee, or any unauthorized person, without 
regard to whether all moneys collected from each such action are used 
on the exact lands damaged which led to the action: Provided further, 
That any such moneys that are in excess of amounts needed to repair 
damage to the exact land for which funds were collected may be used to 
repair other damaged public lands.

                       miscellaneous trust funds

    In addition to amounts authorized to be expended under existing 
laws, there is hereby appropriated such amounts as may be contributed 
under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and 
such amounts as may be advanced for administrative costs, surveys, 
appraisals, and costs of making conveyances of omitted lands under 
section 211(b) of that Act, to remain available until expended.

                       administrative provisions

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

                United States Fish and Wildlife Service

                          resource management

    For necessary expenses of the United States Fish and Wildlife 
Service, as authorized by law, and for scientific and economic studies, 
general administration, and for the performance of other authorized 
functions related to such resources, $1,244,386,000, to remain 
available until September 30, 2011 except as otherwise provided herein: 
Provided, That $2,500,000 is for high priority projects, which shall be 
carried out by the Youth Conservation Corps: Provided further, That not 
to exceed $22,103,000 shall be used for implementing subsections (a), 
(b), (c), and (e) of section 4 of the Endangered Species Act, as 
amended, (except for processing petitions, developing and issuing 
proposed and final regulations, and taking any other steps to implement 
actions described in subsection (c)(2)(A), (c)(2)(B)(i), or 
(c)(2)(B)(ii)), of which not to exceed $11,632,000 shall be used for 
any activity regarding the designation of critical habitat, pursuant to 
subsection (a)(3), excluding litigation support, for species listed 
pursuant to subsection (a)(1) prior to October 1, 2009: Provided 
further, That of the amount available for law enforcement, up to 
$400,000, to remain available until expended, may at the discretion of 
the Secretary be used for payment for information, rewards, or evidence 
concerning violations of laws administered by the Service, and 
miscellaneous and emergency expenses of enforcement activity, 
authorized or approved by the Secretary and to be accounted for solely 
on the Secretary's certificate: Provided further, That of the amount 
provided for environmental contaminants, up to $1,000,000 may remain 
available until expended for contaminant sample analyses.

                              construction

    For construction, improvement, acquisition, or removal of buildings 
and other facilities required in the conservation, management, 
investigation, protection, and utilization of fishery and wildlife 
resources, and the acquisition of lands and interests therein; 
$39,741,000, to remain available until expended.

                            land acquisition

    For expenses necessary to carry out the Land and Water Conservation 
Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including 
administrative expenses, and for acquisition of land or waters, or 
interest therein, in accordance with statutory authority applicable to 
the United States Fish and Wildlife Service, $82,790,000, 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 
$1,500,000 shall be for land conservation partnerships authorized by 
the Highlands Conservation Act of 2004: Provided, That none of the 
funds appropriated for specific land acquisition projects can be used 
to pay for any administrative overhead, planning or other management 
costs.

            cooperative endangered species conservation fund

    For expenses necessary to carry out section 6 of the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended, $85,001,000, 
to remain available until expended, of which $30,307,000 is to be 
derived from the Cooperative Endangered Species Conservation Fund, of 
which $5,146,000 shall be for the Idaho Salmon and Clearwater River 
Basins Habitat Account pursuant to the Snake River Water Rights Act of 
2004; and of which $54,694,000 is to be derived from the Land and Water 
Conservation Fund.

                     national wildlife refuge fund

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

               north american wetlands conservation fund

    For expenses necessary to carry out the provisions of the North 
American Wetlands Conservation Act, as amended (16 U.S.C. 4401-4414), 
$45,147,000, to remain available until expended.

                neotropical migratory bird conservation

    For expenses necessary to carry out the Neotropical Migratory Bird 
Conservation Act, as amended, (16 U.S.C. 6101 et seq.), $5,000,000, to 
remain available until expended.

                multinational species conservation fund

    For expenses necessary to carry out the African Elephant 
Conservation Act (16 U.S.C. 4201-4203, 4211-4214, 4221-4225, 4241-4246, 
and 1538), the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4261-
4266), the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 
5301-5306), the Great Ape Conservation Act of 2000 (16 U.S.C. 6301-
6305), and the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601-
6606), $11,500,000, to remain available until expended.

                    state and tribal wildlife grants

    For wildlife conservation grants to States and to the District of 
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the 
Northern Mariana Islands, American Samoa, and Indian tribes under the 
provisions of the Fish and Wildlife Act of 1956 and the Fish and 
Wildlife Coordination Act, for the development and implementation of 
programs for the benefit of wildlife and their habitat, including 
species that are not hunted or fished, $80,000,000, to remain available 
until expended: Provided, That of the amount provided herein, 
$7,000,000 is for a competitive grant program for Indian tribes not 
subject to the remaining provisions of this appropriation: Provided 
further, That $5,000,000 is for a competitive grant program for States, 
territories, and other jurisdictions with approved plans, not subject 
to the remaining provisions of this appropriation: Provided further, 
That the Secretary shall, for fiscal year 2010 and each fiscal year 
thereafter, after deducting $12,000,000 and administrative expenses, 
apportion the amount provided herein in the following manner: (1) to 
the District of Columbia and to the Commonwealth of Puerto Rico, each a 
sum equal to not more than one-half of 1 percent thereof; and (2) to 
Guam, American Samoa, the United States Virgin Islands, and the 
Commonwealth of the Northern Mariana Islands, each a sum equal to not 
more than one-fourth of 1 percent thereof: Provided further, That the 
Secretary shall, for fiscal year 2010 and each fiscal year thereafter, 
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 paragraph shall be adjusted equitably so 
that no State shall, for fiscal year 2010 and each fiscal year 
thereafter, be apportioned a sum which is less than 1 percent of the 
amount available for apportionment under this paragraph for any fiscal 
year or more than 5 percent of such amount: Provided further, That the 
Federal share of planning grants shall not, for fiscal year 2010 and 
each fiscal year thereafter, exceed 75 percent of the total costs of 
such projects and the Federal share of implementation grants shall not, 
for fiscal year 2010 and each fiscal year thereafter, 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: Provided further, That any amount apportioned in 2010 to any 
State, territory, or other jurisdiction that remains unobligated as of 
September 30, 2011, shall be reapportioned, together with funds 
appropriated in 2012, in the manner provided herein.

                       administrative provisions

    The Fish and Wildlife Service may carry out the operations of 
Service programs by direct expenditure, contracts, grants, cooperative 
agreements and reimbursable agreements with public and private 
entities. Appropriations and funds available to the United States Fish 
and Wildlife Service shall be available for repair of damage to public 
roads within and adjacent to reservation areas caused by operations of 
the Service; options for the purchase of land at not to exceed $1 for 
each option; facilities incident to such public recreational uses on 
conservation areas as are consistent with their primary purpose; and 
the maintenance and improvement of aquaria, buildings, and other 
facilities under the jurisdiction of the Service and to which the 
United States has title, and which are used pursuant to law in 
connection with management, and investigation of fish and wildlife 
resources: Provided, That notwithstanding 44 U.S.C. 501, the Service 
may, under cooperative cost sharing and partnership arrangements 
authorized by law, procure printing services from cooperators in 
connection with jointly produced publications for which the cooperators 
share at least 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 (including expenses to carry out programs of the United States 
Park Police), and for the general administration of the National Park 
Service, $2,261,309,000, of which $9,982,000 for planning and 
interagency coordination in support of Everglades restoration and 
$99,622,000 for maintenance, repair or rehabilitation projects for 
constructed assets, operation of the National Park Service automated 
facility management software system, and comprehensive facility 
condition assessments shall remain available until September 30, 2011.

                  national recreation and preservation

    For expenses necessary to carry out recreation programs, natural 
programs, cultural programs, heritage partnership programs, 
environmental compliance and review, international park affairs, 
statutory or contractual aid for other activities, and grant 
administration, not otherwise provided for, $67,438,000, of which 
$3,175,000 shall be for Preserve America grants as authorized by 
section 7302 of the Omnibus Public Land Management Act of 2009 (Public 
Law 111-11).

                       historic preservation fund

    For expenses necessary in carrying out the Historic Preservation 
Act of 1966, as amended (16 U.S.C. 470), and the Omnibus Parks and 
Public Lands Management Act of 1996 (Public Law 104-333), $74,500,000, 
to be derived from the Historic Preservation Fund and to remain 
available until September 30, 2011; of which $20,000,000 shall be for 
Save America's Treasures grants as authorized by section 7303 of the 
Omnibus Public Land Management Act of 2009 (Public Law 111-11) of which 
$200,000 may be made available by the Secretary of the Interior to 
develop, in conjunction with Morehouse College, a program to catalogue, 
preserve, provide public access to and research on, develop curriculum 
and courses based on, provide public access to, and conduct scholarly 
forums on the important works and papers of Dr. Martin Luther King, Jr. 
to provide a better understanding of the message and teachings of Dr. 
Martin Luther King, Jr..

                              construction

    For construction, improvements, repair or replacement of physical 
facilities, including a portion of the expense for the modifications 
authorized by section 104 of the Everglades National Park Protection 
and Expansion Act of 1989, $219,731,000, to remain available until 
expended.

                    land and water conservation fund

                              (rescission)

    The contract authority provided for fiscal year 2010 by 16 U.S.C. 
460l-10a is rescinded.

                 land acquisition and state assistance

    For expenses necessary to carry out the Land and Water Conservation 
Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including 
administrative expenses, and for acquisition of lands or waters, or 
interest therein, in accordance with the statutory authority applicable 
to the National Park Service, $118,586,000, to be derived from the Land 
and Water Conservation Fund and to remain available until expended, of 
which $35,000,000 is for the State assistance program and of which 
$4,000,000 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.
    For the costs of administration of the Land and Water Conservation 
Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico 
Energy Security Act of 2006 (Public Law 109-432), the National Park 
Service may retain up to 3 percent of the amounts which are authorized 
to be disbursed under such section, such retained amounts to remain 
available until expended.
    National Park Service funds may be transferred to the Federal 
Highway Administration (FHWA), Department of Transportation, for 
purposes authorized under 23 U.S.C. 204. Transfers may include a 
reasonable amount for FHWA administrative support costs.

                    United States Geological Survey

                 surveys, investigations, and research

    For expenses necessary for the United States Geological Survey to 
perform surveys, investigations, and research covering topography, 
geology, hydrology, biology, and the mineral and water resources of the 
United States, its territories and possessions, and other areas as 
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their 
mineral and water resources; give engineering supervision to power 
permittees and Federal Energy Regulatory Commission licensees; 
administer the minerals exploration program (30 U.S.C. 641); conduct 
inquiries into the economic conditions affecting mining and materials 
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) 
and related purposes as authorized by law; and to publish and 
disseminate data relative to the foregoing activities; $1,104,340,000, 
to remain available until September 30, 2011, of which $65,561,000 
shall be available only for cooperation with States or municipalities 
for water resources investigations; of which $40,150,000 shall remain 
available until expended for satellite operations; and of which 
$7,321,000 shall be available until expended for deferred maintenance 
and capital improvement projects that exceed $100,000 in cost: 
Provided, That none of the funds provided for the biological research 
activity shall be used to conduct new surveys on private property, 
unless specifically authorized in writing by the property owner: 
Provided further, That no part of this appropriation shall be used to 
pay more than one-half the cost of topographic mapping or water 
resources data collection and investigations carried on in cooperation 
with States and municipalities.

                       administrative provisions

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

                      Minerals Management Service

                royalty and offshore minerals management

    For expenses necessary for minerals leasing and environmental 
studies, regulation of industry operations, and collection of 
royalties, as authorized by law; for enforcing laws and regulations 
applicable to oil, gas, and other minerals leases, permits, licenses 
and operating contracts; for energy-related or other authorized marine-
related purposes on the Outer Continental Shelf; and for matching 
grants or cooperative agreements, $175,217,000, to remain available 
until September 30, 2011, of which $89,374,000 shall be available for 
royalty management activities; and an amount not to exceed 
$156,730,000, to be credited to this appropriation and to remain 
available until expended, from additions to receipts resulting from 
increases to rates in effect on August 5, 1993, and from cost recovery 
fees: Provided, That notwithstanding 31 U.S.C. 3302, in fiscal year 
2010, such amounts as are assessed under 31 U.S.C. 9701 shall be 
collected and credited to this account and shall be available until 
expended for necessary expenses: Provided further, That to the extent 
$156,730,000 in addition to receipts are not realized from the sources 
of receipts stated above, the amount needed to reach $156,730,000 shall 
be credited to this appropriation from receipts resulting from rental 
rates for Outer Continental Shelf leases in effect before August 5, 
1993: Provided further, That the term ``qualified Outer Continental 
Shelf revenues'', as defined in section 102(9)(A) of the Gulf of Mexico 
Energy Security Act, division C of Public Law 109-432, shall include 
only the portion of rental revenues that would have been collected at 
the rental rates in effect before August 5, 1993: Provided further, 
That not to exceed $3,000 shall be available for reasonable expenses 
related to promoting volunteer beach and marine cleanup activities: 
Provided further, That notwithstanding any other provision of law, 
$15,000 under this heading shall be available for refunds of 
overpayments in connection with certain Indian leases in which the 
Director of MMS concurred with the claimed refund due, to pay amounts 
owed to Indian allottees or tribes, or to correct prior unrecoverable 
erroneous payments: Provided further, That for the costs of 
administration of the Coastal Impact Assistance Program authorized by 
section 31 of the Outer Continental Shelf Lands Act, as amended (43 
U.S.C. 1456a), MMS in fiscal year 2010 may retain up to 4 percent of 
the amounts which are disbursed under section 31(b)(1), such retained 
amounts to remain available until expended.
    For an additional amount, $10,000,000, to remain available until 
expended, which shall be derived from non-refundable inspection fees 
collected in fiscal year 2010, as provided in this Act: Provided, That 
to the extent that such amounts are not realized from such fees, the 
amount needed to reach $10,000,000 shall be credited to this 
appropriation from receipts resulting from rental rates for Outer 
Continental Shelf leases in effect before August 5, 1993.

                           oil spill research

    For necessary expenses to carry out title I, section 1016, title 
IV, sections 4202 and 4303, title VII, and title VIII, section 8201 of 
the Oil Pollution Act of 1990, $6,303,000, which shall be derived from 
the Oil Spill Liability Trust Fund, to remain available until expended.

                        administrative provision

    Notwithstanding the provisions of section 35(b) of the Mineral 
Leasing Act, as amended (30 U.S.C. 191(b)), the Secretary shall deduct 
2 percent from the amount payable to each State in fiscal year 2010 and 
deposit the amount deducted to miscellaneous receipts of the Treasury.

          Office of Surface Mining Reclamation and Enforcement

                       regulation and technology

    For necessary expenses to carry out the provisions of the Surface 
Mining Control and Reclamation Act of 1977, Public Law 95-87, as 
amended, $127,180,000, to remain available until September 30, 2011: 
Provided, That appropriations for the Office of Surface Mining 
Reclamation and Enforcement may provide for the travel and per diem 
expenses of State and tribal personnel attending Office of Surface 
Mining Reclamation and Enforcement sponsored training.

                    abandoned mine reclamation fund

    For necessary expenses to carry out title IV of the Surface Mining 
Control and Reclamation Act of 1977, Public Law 95-87, as amended, 
$39,588,000, to be derived from receipts of the Abandoned Mine 
Reclamation Fund and to remain available until expended: Provided, That 
pursuant to Public Law 97-365, the Department of the Interior is 
authorized to use up to 20 percent from the recovery of the delinquent 
debt owed to the United States Government to pay for contracts to 
collect these debts: Provided further, That funds made available under 
title IV of Public Law 95-87 may be used for any required non-Federal 
share of the cost of projects funded by the Federal Government for the 
purpose of environmental restoration related to treatment or abatement 
of acid mine drainage from abandoned mines: Provided further, That such 
projects must be consistent with the purposes and priorities of the 
Surface Mining Control and Reclamation Act: Provided further, That 
amounts provided under this heading may be used for the travel and per 
diem expenses of State and tribal personnel attending Office of Surface 
Mining Reclamation and Enforcement sponsored training.

                        administrative provision

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

                        Bureau of Indian Affairs

                      operation of indian programs

                     (including transfer of funds)

    For expenses necessary for the operation of Indian programs, as 
authorized by law, including the Snyder Act of November 2, 1921 (25 
U.S.C. 13), the Indian Self-Determination and Education Assistance Act 
of 1975 (25 U.S.C. 450 et seq.), as amended, the Education Amendments 
of 1978 (25 U.S.C. 2001-2019), and the Tribally Controlled Schools Act 
of 1988 (25 U.S.C. 2501 et seq.), as amended, $2,309,322,000, to remain 
available until September 30, 2011 except as otherwise provided herein; 
of which not to exceed $8,500 may be for official reception and 
representation expenses; of which not to exceed $74,915,000 shall be 
for welfare assistance payments: Provided, That in cases of designated 
Federal disasters, the Secretary may exceed such cap, from the amounts 
provided herein, to provide for disaster relief to Indian communities 
affected by the disaster; 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 $154,794,000 shall be available for 
payments for contract support costs associated with ongoing contracts, 
grants, compacts, or annual funding agreements entered into with the 
Bureau prior to or during fiscal year 2010, as authorized by such Act, 
except that tribes and tribal organizations may use their tribal 
priority allocations for unmet contract support costs of ongoing 
contracts, grants, or compacts, or annual funding agreements and for 
unmet welfare assistance costs; of which not to exceed $566,702,000 for 
school operations costs of Bureau-funded schools and other education 
programs shall become available on July 1, 2010, and shall remain 
available until September 30, 2011; of which $25,000,000 shall be for 
public safety and justice programs as authorized by the Emergency Fund 
for Indian Safety and Health, established by section 601 of Public Law 
110-293 (25 U.S.C. 443c); and of which not to exceed $60,958,000 shall 
remain available until expended for housing improvement, road 
maintenance, attorney fees, litigation support, the Indian Self-
Determination Fund, land records improvement, and the Navajo-Hopi 
Settlement Program: Provided further, That notwithstanding any other 
provision of law, including but not limited to the Indian Self-
Determination Act of 1975, as amended, and 25 U.S.C. 2008, not to 
exceed $43,373,000 within and only from such amounts made available for 
school operations shall be available for administrative cost grants 
associated with ongoing grants entered into with the Bureau prior to or 
during fiscal year 2009 for the operation of Bureau-funded schools, and 
up to $500,000 within and only from such amounts made available for 
administrative cost grants shall be available for the transitional 
costs of initial administrative cost grants to grantees that assume 
operation on or after July 1, 2009, of Bureau-funded schools: Provided 
further, That any forestry funds allocated to a tribe which remain 
unobligated as of September 30, 2011, may be transferred during fiscal 
year 2012 to an Indian forest land assistance account established for 
the benefit of the holder of the funds within the holder's trust fund 
account: Provided further, That any such unobligated balances not so 
transferred shall expire on September 30, 2012: Provided further, That 
in order to enhance the safety of Bureau field employees, the Bureau 
may use funds to purchase uniforms or other identifying articles of 
clothing for personnel.

                              construction

                     (including transfer of funds)

    For construction, repair, improvement, and maintenance of 
irrigation and power systems, buildings, utilities, and other 
facilities, including architectural and engineering services by 
contract; acquisition of lands, and interests in lands; and preparation 
of lands for farming, and for construction of the Navajo Indian 
Irrigation Project pursuant to Public Law 87-483, $225,000,000, to 
remain available until expended: Provided, That such amounts as may be 
available for the construction of the Navajo Indian Irrigation Project 
may be transferred to the Bureau of Reclamation: Provided further, That 
not to exceed 6 percent of contract authority available to the Bureau 
of Indian Affairs from the Federal Highway Trust Fund may be used to 
cover the road program management costs of the Bureau: Provided 
further, That any funds provided for the Safety of Dams program 
pursuant to 25 U.S.C. 13 shall be made available on a nonreimbursable 
basis: Provided further, That for fiscal year 2010, in implementing new 
construction or facilities improvement and repair project grants in 
excess of $100,000 that are provided to grant schools under Public Law 
100-297, as amended, the Secretary of the Interior shall use the 
Administrative and Audit Requirements and Cost Principles for 
Assistance Programs contained in 43 CFR part 12 as the regulatory 
requirements: Provided further, That such grants shall not be subject 
to section 12.61 of 43 CFR; the Secretary and the grantee shall 
negotiate and determine a schedule of payments for the work to be 
performed: Provided further, That in considering grant applications, 
the Secretary shall consider whether such grantee would be deficient in 
assuring that the construction projects conform to applicable building 
standards and codes and Federal, tribal, or State health and safety 
standards as required by 25 U.S.C. 2005(b), with respect to 
organizational and financial management capabilities: Provided further, 
That if the Secretary declines a grant application, the Secretary shall 
follow the requirements contained in 25 U.S.C. 2504(f): Provided 
further, That any disputes between the Secretary and any grantee 
concerning a grant shall be subject to the disputes provision in 25 
U.S.C. 2507(e): Provided further, That in order to ensure timely 
completion of construction projects, the Secretary may assume control 
of a project and all funds related to the project, if, within eighteen 
months of the date of enactment of this Act, any grantee receiving 
funds appropriated in this Act or in any prior Act, has not completed 
the planning and design phase of the project and commenced 
construction: Provided further, That this appropriation may be 
reimbursed from the Office of the Special Trustee for American Indians 
appropriation for the appropriate share of construction costs for space 
expansion needed in agency offices to meet trust reform implementation.

 indian land and water claim settlements and miscellaneous payments to 
                                indians

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

                     indian land consolidation, bia

    For consolidation of fractional interests in Indian lands and 
expenses associated with redetermining and redistributing escheated 
interests in allotted lands, and for necessary expenses to carry out 
the Indian Land Consolidation Act of 1983, as amended, by direct 
expenditure or cooperative agreement, $3,000,000, to remain available 
until expended.

                 indian guaranteed loan program account

    For the cost of guaranteed loans and insured loans, $8,215,000, of 
which $1,629,000 is for administrative expenses, as authorized by the 
Indian Financing Act of 1974, as amended: Provided, That such costs, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974: Provided further, 
That these funds are available to subsidize total loan principal, any 
part of which is to be guaranteed or insured, not to exceed 
$93,807,956.

                       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. Funds made available under this Act may not be used 
to establish a charter school at a Bureau-funded school (as that term 
is defined in section 1146 of the Education Amendments of 1978 (25 
U.S.C. 2026)), except that a charter school that is in existence on the 
date of the enactment of this Act and that has operated at a Bureau-
funded school before September 1, 1999, may continue to operate during 
that period, but only if the charter school pays to the Bureau a pro 
rata share of funds to reimburse the Bureau for the use of the real and 
personal property (including buses and vans), the funds of the charter 
school are kept separate and apart from Bureau funds, and the Bureau 
does not assume any obligation for charter school programs of the State 
in which the school is located if the charter school loses such 
funding. Employees of Bureau-funded schools sharing a campus with a 
charter school and performing functions related to the charter schools 
operation and employees of a charter school shall not be treated as 
Federal employees for purposes of chapter 171 of title 28, United 
States Code.
    Notwithstanding any other provision of law, including section 113 
of title I of appendix C of Public Law 106-113, if in fiscal year 2003 
or 2004 a grantee received indirect and administrative costs pursuant 
to a distribution formula based on section 5(f) of Public Law 101-301, 
the Secretary shall continue to distribute indirect and administrative 
cost funds to such grantee using the section 5(f) distribution formula.

                          Departmental Offices

                        Office of the Secretary

                         salaries and expenses

    For necessary expenses for management of the Department of the 
Interior, $118,836,000; of which not to exceed $25,000 may 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: Provided, That, for fiscal year 
2010 up to $400,000 of the payments authorized by the Act of October 
20, 1976, as amended (31 U.S.C. 6901-6907) may be retained for 
administrative expenses of the Payments in Lieu of Taxes Program: 
Provided further, That no payment shall be made pursuant to that Act to 
otherwise eligible units of local government if the computed amount of 
the payment is less than $100: Provided further, That for fiscal years 
2008 through 2012 the Secretary may reduce the payment authorized by 31 
U.S.C. 6901-6907, as amended, for an individual county by the amount 
necessary to correct prior year overpayments to that county: Provided 
further, That for fiscal years 2008 through 2012 the amount needed to 
correct a prior year underpayment to an individual county shall be paid 
from any reductions for overpayments to other counties and the amount 
necessary to cover any remaining underpayment is hereby appropriated 
and shall be paid to individual counties using current fiscal year 
funds.

                            Insular Affairs

                       assistance to territories

    For expenses necessary for assistance to territories under the 
jurisdiction of the Department of the Interior, $81,095,000, of which: 
(1) $71,815,000 shall remain available until expended for technical 
assistance, including maintenance assistance, disaster assistance, 
insular management controls, coral reef initiative activities, and 
brown tree snake control and research; grants to the judiciary in 
American Samoa for compensation and expenses, as authorized by law (48 
U.S.C. 1661(c)); grants to the Government of American Samoa, in 
addition to current local revenues, for construction and support of 
governmental functions; grants to the Government of the Virgin Islands 
as authorized by law; grants to the Government of Guam, as authorized 
by law; and grants to the Government of the Northern Mariana Islands as 
authorized by law (Public Law 94-241; 90 Stat. 272); and (2) $9,280,000 
shall be available until September 30, 2011 for salaries and expenses 
of the Office of Insular Affairs: Provided, That all financial 
transactions of the territorial and local governments herein provided 
for, including such transactions of all agencies or instrumentalities 
established or used by such governments, may be audited by the 
Government Accountability Office, at its discretion, in accordance with 
chapter 35 of title 31, United States Code: Provided further, That 
Northern Mariana Islands Covenant grant funding shall be provided 
according to those terms of the Agreement of the Special 
Representatives on Future United States Financial Assistance for the 
Northern Mariana Islands approved by Public Law 104-134: Provided 
further, That 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): Provided further, That at the request of the Governor of Guam, 
the Secretary may transfer any mandatory or discretionary funds 
appropriated, including those provided under Public Law 104-134, to the 
Secretary of Agriculture for the subsidy cost of direct or guaranteed 
loans, plus not to exceed 3 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 further, 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.

                      compact of free association

    For grants and necessary expenses, $5,318,000, to remain available 
until expended, as provided for in sections 221(a)(2), 221(b), and 233 
of the Compact of Free Association for the Republic of Palau; and 
section 221(a)(2) of the Compacts of Free Association for the 
Government of the Republic of the Marshall Islands and the Federated 
States of Micronesia, as authorized by Public Law 99-658 and Public Law 
108-188: Provided further, That at the request of the Governor of Guam, 
the Secretary may transfer any mandatory or discretionary funds 
appropriated, including those provided under section 104(e) of Public 
Law 108-188, to the Secretary of Agriculture for the subsidy cost of 
direct or guaranteed loans, plus not to exceed 3 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 further, That such costs, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974: Provided further, 
That such loans or loan guarantees may be made without regard to the 
population of the area, credit elsewhere requirements, and restrictions 
on the types of eligible entities under the Rural Electrification Act 
of 1936 and section 306(a)(1) of the Consolidated Farm and Rural 
Development Act: Provided further, That any funds transferred to the 
Secretary of Agriculture shall be in addition to funds otherwise made 
available to make or guarantee loans under such authorities.

                        Office of the Solicitor

                         salaries and expenses

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

                      Office of Inspector General

                         salaries and expenses

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

           Office of the Special Trustee for American Indians

                         federal trust programs

                     (including transfer of funds)

    For the operation of trust programs for Indians by direct 
expenditure, contracts, cooperative agreements, compacts, and grants, 
$185,984,000, to remain available until expended, of which not to 
exceed $56,536,000 from this or any other Act, shall be available for 
historical accounting, and of which $1,500,000 shall be available for 
the estate planning assistance program under section 207(f) of the 
Indian Land Consolidation Act (25 U.S.C. 2206(f)): Provided, That funds 
for trust management improvements and litigation support may, as 
needed, be transferred to or merged with the Bureau of Indian Affairs, 
``Operation of Indian Programs'' account; the Office of the Solicitor, 
``Salaries and Expenses'' account; and the Office of the Secretary, 
``Salaries and Expenses'' account: Provided further, That funds made 
available through contracts or grants obligated during fiscal year 
2010, as authorized by the Indian Self-Determination Act of 1975 (25 
U.S.C. 450 et seq.), shall remain available until expended by the 
contractor or grantee: Provided further, That, notwithstanding any 
other provision of law, the statute of limitations shall not commence 
to run on any claim, including any claim in litigation pending on the 
date of the enactment of this Act, concerning losses to or 
mismanagement of trust funds, until the affected tribe or individual 
Indian has been furnished with an accounting of such funds from which 
the beneficiary can determine whether there has been a loss: Provided 
further, That, notwithstanding any other provision of law, the 
Secretary shall not be required to provide a quarterly statement of 
performance for any Indian trust account that has not had activity for 
at least 18 months and has a balance of $15.00 or less: Provided 
further, That the Secretary shall issue an annual account statement and 
maintain a record of any such accounts and shall permit the balance in 
each such account to be withdrawn upon the express written request of 
the account holder: Provided further, That not to exceed $50,000 is 
available for the Secretary to make payments to correct administrative 
errors of either disbursements from or deposits to Individual Indian 
Money or Tribal accounts after September 30, 2002: Provided further, 
That erroneous payments that are recovered shall be credited to and 
remain available in this account for this purpose.

                        Department-wide Programs

                        wildland fire management

                     (including transfers of funds)

    For necessary expenses for fire preparedness, suppression 
operations, fire science and research, emergency rehabilitation, 
hazardous fuels reduction, and rural fire assistance by the Department 
of the Interior, $904,637,000, 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 head may 
be used to reimburse the United States Fish and Wildlife Service and 
the National Marine Fisheries Service for the costs of carrying out 
their responsibilities under the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.) to consult and conference, as required by section 
7 of such Act, in connection with wildland fire management activities: 
Provided further, That the Secretary of the Interior may use wildland 
fire appropriations to enter into non-competitive sole source leases of 
real property with local governments, at or below fair market value, to 
construct capitalized improvements for fire facilities on such leased 
properties, including but not limited to fire guard stations, retardant 
stations, and other initial attack and fire support facilities, and to 
make advance payments for any such lease or for construction activity 
associated with the lease: Provided further, That the Secretary of the 
Interior and the Secretary of Agriculture may authorize the transfer of 
funds appropriated for wildland fire management, in an aggregate amount 
not to exceed $10,000,000, 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.

                    central hazardous materials fund

    For necessary expenses of the Department of the Interior and any of 
its component offices and bureaus for the response action, including 
associated activities, performed pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act, as amended (42 
U.S.C. 9601 et seq.), $10,175,000, to remain available until expended: 
Provided, That Public Law 110-161 (121 Stat. 2116) under this heading 
is amended by striking ``in advance of or as reimbursement for remedial 
action or response activities conducted by the Department pursuant to 
section 107 or 113(f) of such Act'' and inserting in lieu thereof 
``including any fines or penalties''.

           natural resource damage assessment and restoration

                natural resource damage assessment fund

    To conduct natural resource damage assessment and restoration 
activities by the Department of the Interior necessary to carry out the 
provisions of the Comprehensive Environmental Response, Compensation, 
and Liability Act, as amended (42 U.S.C. 9601 et seq.), the Federal 
Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.), the 
Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and Public Law 101-
337, as amended (16 U.S.C. 19jj et seq.), $6,462,000, to remain 
available until expended.

                          working capital fund

    For the acquisition of a departmental financial and business 
management system and information technology improvements of general 
benefit to the Department, $85,823,000, to remain available until 
expended: Provided, That none of the funds in this Act or previous 
appropriations Acts may be used to establish reserves in the Working 
Capital Fund account other than for accrued annual leave and 
depreciation of equipment without prior approval of the House and 
Senate Committees on Appropriations: Provided further, That the 
Secretary may assess reasonable charges to State, local and tribal 
government employees for training services provided by the National 
Indian Program Training Center, other than training related to Public 
Law 93-638: Provided further, That the Secretary may lease or otherwise 
provide space and related facilities, equipment or professional 
services of the National Indian Program Training Center to State, local 
and tribal government employees or persons or organizations engaged in 
cultural, educational, or recreational activities (as defined in 40 
U.S.C. 3306(a)) at the prevailing rate for similar space, facilities, 
equipment, or 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

               emergency transfer authority--intra-bureau

                     (including transfers of funds)

    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.

             emergency transfer authority--department-wide

    Sec. 102.  The Secretary may authorize the expenditure or transfer 
of any no year appropriation in this title, for the suppression or 
emergency prevention of wildland fires on or threatening lands under 
the jurisdiction of the Department of the Interior; for the emergency 
rehabilitation of burned-over lands under its jurisdiction; for 
emergency actions related to potential or actual earthquakes, floods, 
volcanoes, storms, or other unavoidable causes; for contingency 
planning subsequent to actual oil spills; for response and natural 
resource damage assessment activities related to actual oil spills; for 
the prevention, suppression, and control of actual or potential 
grasshopper and Mormon cricket outbreaks on lands under the 
jurisdiction of the Secretary, pursuant to the authority in section 
1773(b) of Public Law 99-198 (99 Stat. 1658); for emergency reclamation 
projects under section 410 of Public Law 95-87; and shall transfer, 
from any no year funds available to the Office of Surface Mining 
Reclamation and Enforcement, such funds as may be necessary to permit 
assumption of regulatory authority in the event a primacy State is not 
carrying out the regulatory provisions of the Surface Mining Act: 
Provided, That appropriations made in this title for wildland 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'' shall be exhausted within 30 days: Provided further, 
That all funds used pursuant to this section must be replenished by a 
supplemental appropriation which must be requested as promptly as 
possible: Provided further, That such replenishment funds shall be used 
to reimburse, on a pro rata basis, accounts from which emergency funds 
were transferred.

                        authorized use of funds

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

                        authorized use of funds

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

                        redistribution of funds

    Sec. 105.  Notwithstanding any other provision of law, the 
Secretary of the Interior is authorized to redistribute any Tribal 
Priority Allocation funds, including tribal base funds, to alleviate 
tribal funding inequities by transferring funds to address identified, 
unmet needs, dual enrollment, overlapping service areas or inaccurate 
distribution methodologies. No federally recognized tribe shall receive 
a reduction in Tribal Priority Allocation funds of more than 10 percent 
in fiscal year 2010. Under circumstances of dual enrollment, 
overlapping service areas or inaccurate distribution methodologies, the 
10 percent limitation does not apply.

                      twin cities research center

    Sec. 106.  Notwithstanding any other provision of law, in conveying 
the Twin Cities Research Center under the authority provided by Public 
Law 104-134, as amended by Public Law 104-208, the Secretary may accept 
and retain land and other forms of reimbursement: Provided, That the 
Secretary may retain and use any such reimbursement until expended and 
without further appropriation: (1) for the benefit of the National 
Wildlife Refuge System within the State of Minnesota; and (2) for all 
activities authorized by 16 U.S.C. 460zz.

                            payment of fees

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

                 ellis, governors, and liberty islands

    Sec. 108.  Notwithstanding any other provision of law, the 
Secretary of the Interior is authorized to acquire lands, waters, or 
interests therein including the use of all or part of any pier, dock, 
or landing within the State of New York and the State of New Jersey, 
for the purpose of operating and maintaining facilities in the support 
of transportation and accommodation of visitors to Ellis, Governors, 
and Liberty Islands, and of other program and administrative 
activities, by donation or with appropriated funds, including franchise 
fees (and other monetary consideration), or by exchange; and the 
Secretary is authorized to negotiate and enter into leases, subleases, 
concession contracts or other agreements for the use of such facilities 
on such terms and conditions as the Secretary may determine reasonable.

                      prohibition on use of funds

    Sec. 109. (a) Any proposed new use of the Arizona & California 
Railroad Company's Right of Way for conveyance of water shall not 
proceed unless the Secretary of the Interior certifies that the 
proposed new use is within the scope of the Right of Way.
    (b) No funds appropriated or otherwise made available to the 
Department of the Interior may be used, in relation to any proposal to 
store water underground for the purpose of export, for approval of any 
right-of-way or similar authorization on the Mojave National Preserve 
or lands managed by the Needles Field Office of the Bureau of Land 
Management, or for carrying out any activities associated with such 
right-of-way or similar approval.

                     use of cooperative agreements

    Sec. 110.  For fiscal year 2010, and each fiscal year thereafter, 
the Secretary of the Interior may enter into cooperative agreements 
with a State or political subdivision (including any agency thereof), 
or any not-for-profit organization if the agreement will: (1) serve a 
mutual interest of the parties to the agreement in carrying out the 
programs administered by the Department of the Interior; and (2) all 
parties will contribute resources to the accomplishment of these 
objectives. At the discretion of the Secretary, such agreements shall 
not be subject to a competitive process.

                          conforming amendment

    Sec. 111.  Sections 109 and 110 of the Federal Oil and Gas Royalty 
Management Act (30 U.S.C. 1719 and 1720) shall, for fiscal year 2010 
and each fiscal year thereafter, apply to any lease authorizing 
exploration for or development of coal, any other solid mineral, or any 
geothermal resource on any Federal or Indian lands and any lease, 
easement, right of way, or other agreement, regardless of form, for use 
of the Outer Continental Shelf or any of its resources under sections 
8(k) or 8(p) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1337(k) and 1337(p)) to the same extent as if such lease, easement, 
right of way, or other agreement, regardless of form, were an oil and 
gas lease, except that in such cases the term ``royalty payment'' shall 
include any payment required by such lease, easement, right of way or 
other agreement, regardless of form, or by applicable regulation.

       prohibition on use of funds, point reyes national seashore

    Sec. 112.  None of the funds in this Act may be used to further 
reduce the number of Axis or Fallow deer at Point Reyes National 
Seashore below the number as of the date of enactment of this Act.

                outer continental shelf inspection fees

    Sec. 113. (a) In fiscal year 2010, the Minerals Management Service 
(MMS) shall collect a non-refundable inspection fee, which shall be 
deposited in the ``Royalty and Offshore Minerals Management'' account, 
from the designated operator for facilities subject to inspection by 
MMS under 43 U.S.C. 1348(c) that are above the waterline, except mobile 
offshore drilling units, and are in place at the start of fiscal year 
2010.
    (b) Fees for 2010 shall be:
            (1) $2,000 for facilities with no wells, but with 
        processing equipment or gathering lines;
            (2) $3,250 for facilities with one to ten wells, with any 
        combination of active or inactive wells; and
            (3) $6,000 for facilities with more than ten wells, with 
        any combination of active or inactive wells.
    (c) MMS will bill designated operators within 60 days of enactment 
of this Act, with payment required within 30 days of billing.

         yosemite national park authorized payments, amendment

    Sec. 114.  Section 101(a)(1) of Public Law 109-131 is amended by 
striking ``2009'' and inserting ``2013''.

                northern plains heritage area, amendment

    Sec. 115.  Section 8004 of the Omnibus Public Land Management Act 
of 2009 (Public Law 111-11; 123 Stat. 1240) is amended--
            (1) by redesignating subsections (g) through (i) as 
        subsections (h) through (j), respectively;
            (2) in subsection (h)(1) (as redesignated by paragraph 
        (1)), in the matter preceding subparagraph (A), by striking 
        ``subsection (i)'' and inserting ``subsection (j)''; and
            (3) by inserting after subsection (f) the following:
    ``(g) Requirements for Inclusion and Removal of Property in 
Heritage Area.--
            ``(1) Private property inclusion.--No privately owned 
        property shall be included in the Heritage Area unless the 
        owner of the private property provides to the management entity 
        a written request for the inclusion.
            ``(2) Property removal.--
                    ``(A) Private property.--At the request of an owner 
                of private property included in the Heritage Area 
                pursuant to paragraph (1), the private property shall 
                be immediately withdrawn from the Heritage Area if the 
                owner of the property provides to the management entity 
                a written notice requesting removal.
                    ``(B) Public property.--On written notice from the 
                appropriate State or local government entity, public 
                property included in the Heritage Area shall be 
                immediately withdrawn from the Heritage Area.''.

              pearl harbor naval complex, joint ticketing

    Sec. 116. (a) Definitions.--In this section:
            (1) Historic attraction.--The term ``historic attraction'' 
        mean a historic attraction within the Pearl Harbor Naval 
        Complex, including--
                    (A) the USS Bowfin Submarine Museum and Park;
                    (B) the Battleship Missouri Memorial;
                    (C) the Pacific Aviation Museum-Pearl Harbor; and
                    (D) any other historic attraction within the Pearl 
                Harbor Naval Complex that--
                            (i) the Secretary identifies as a Pearl 
                        Harbor historic attraction; and
                            (ii) is not administered or managed by the 
                        Secretary.
            (2) Monument.--The term ``Monument'' means the Word War II 
        Valor in the Pacific National Monument in the State of Hawaii.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Visitor center.--The term ``Visitor Center'' means the 
        visitor center located within the Pearl Harbor Naval Complex on 
        land that is--
                    (A) within the Monument; and
                    (B) managed by the Secretary, acting through the 
                Director of the National Park Service.
    (b) Facilitation of Admission to Historic Attractions Within Pearl 
Harbor Naval Complex.--
            (1) In general.--In managing the Monument, the Secretary 
        may enter into an agreement with any organization that is 
        authorized to administer or manage a historic attraction--
                    (A) to allow visitors to the historic attraction to 
                gain access to the historic attraction by passing 
                through security screening at the Visitor Center; and
                    (B) to allow the sale of tickets to a historic 
                attraction within the Visitor Center by--
                            (i) employees of the National Park Service; 
                        or
                            (ii) the organization that administers or 
                        manages the historic attraction.
            (2) Terms and conditions.--In any agreement entered into 
        under paragraph (1), the Secretary--
                    (A) shall require the organization administering or 
                managing the historic attraction to pay to the 
                Secretary a reasonable fee to recover administrative 
                costs of the Secretary associated with the use of the 
                Visitor Center for public access and ticket sales;
                    (B) shall ensure that the liability of the United 
                States is limited with respect to any liability arising 
                from--
                            (i) the admission of the public through the 
                        Visitor Center to a historic attraction; and
                            (ii) the sale or issuance of any tickets to 
                        the historic attraction; and
                    (C) may include any other terms and conditions that 
                the Secretary determines to be appropriate.
            (3) Use of fees.--The proceeds of any amounts collected as 
        fees under paragraph (2)(A) shall remain available, without 
        further appropriation, for use by the Secretary for the 
        Monument.
            (4) Limitation of authority.--Nothing in this section 
        authorizes the Secretary--
                    (A) to regulate or approve the rates for admission 
                to a historic attraction;
                    (B) to regulate or manage any visitor services 
                within the Pearl Harbor Naval Complex (other than the 
                services managed by the National Park Service as part 
                of the Monument); or
                    (C) to charge an entrance fee for admission to the 
                Monument.
            (5) Protection of resources.--Nothing in this section 
        authorizes the Secretary or any organization that administers 
        or manages a historic attraction to take any action in 
        derogation of the preservation and protection of the values and 
        resources of the Monument.

                  assistance for the republic of palau

    Sec. 117. (a) In General.--Subject to subsection (c), the Secretary 
of the Interior shall provide to the Government of Palau for fiscal 
year 2010 grants in amounts equal to the annual amounts specified in 
subsections (a), (c), and (d) of section 211 of the Compact of Free 
Association between the Government of the United States of America and 
the Government of Palau (48 U.S.C. 1931 note) (referred to in this 
section as the ``Compact'').
    (b) Programmatic Assistance.--Subject to subsection (c), the United 
States shall provide programmatic assistance to the Republic of Palau 
for fiscal year 2010 in amounts equal to the amounts provided in 
subsections (a) and (b)(1) of section 221 of the Compact.
    (c) Limitations on Assistance.--
            (1) In general.--The grants and programmatic assistance 
        provided under subsections (a) and (b) shall be provided to the 
        same extent and in the same manner as the grants and assistance 
        were provided in fiscal year 2009.
            (2) Trust fund.--If the Government of Palau withdraws more 
        than $5,000,000 from the trust fund established under section 
        211(f) of the Compact, amounts to be provided under subsections 
        (a) and (b) shall be withheld from the Government of Palau.

       golden gate national recreation area, fort baker amendment

    Sec. 118.  Section 120 of title I of H.R. 3423 (Appendix C) as 
enacted into law by section 1000(a)(3) of division B of Public Law 106-
113 is amended by striking the last sentence.

            theodore roosevelt national park, elk reduction

    Sec. 119.  None of the funds made available in this Act shall be 
used to establish or implement a plan to reduce the number of elk in 
Theodore Roosevelt National Park unless such plan, notwithstanding any 
other provision of law, allows North Dakota residents possessing a 
State hunting license to be deputized by the Secretary as rangers in 
such numbers as the Secretary deems sufficient for purposes of culling 
the elk herd at the Park, and allows each such volunteer to cull one 
elk and remove its carcass from the Park.

           point reyes national seashore, extension of permit

    Sec. 120.  Prior to the expiration on November 30, 2012 of the 
Drake's Bay Oyster Company's Reservation of Use and Occupancy and 
associated special use permit (``existing authorization'') within 
Drake's Estero at Point Reyes National Seashore, notwithstanding any 
other provision of law, the Secretary of the Interior is authorized to 
issue a special use permit with the same terms and conditions as the 
existing authorization, except as provided herein, for a period of 10 
years from November 30, 2012: Provided, That such extended 
authorization is subject to annual payments to the United States based 
on the fair market value of the use of the Federal property for the 
duration of such renewal. The Secretary shall take into consideration 
recommendations of the National Academy of Sciences Report pertaining 
to shellfish mariculture in Point Reyes National Seashore before 
modifying any terms and conditions of the extended authorization.

                         contribution authority

    Sec. 121.  Title 43 U.S.C. 1473, as amended by Public Law 110-161 
and Public Law 111-8, is further amended by deleting ``in fiscal years 
2008 and 2009 only'' and inserting ``in fiscal years 2008, 2009 and 
2010 only''.

              national park system, special resource study

    Sec. 122. (a) In General.--The Secretary of the Interior (referred 
to in this section as the ``Secretary'') shall conduct a special 
resource study of the national significance, suitability, and 
feasibility of including the Honouliuli Gulch and associated sites 
within the State of Hawaii in the National Park System.
    (b) Guidelines.--In conducting the study, the Secretary shall use 
the criteria for the study of areas for potential inclusion in the 
National Park System described in section 8 of Public Law 91-383 (16 
U.S.C. 1a-5).
    (c) Consultation.--In conducting the study, the Secretary shall 
consult with--
            (1) the State of Hawaii;
            (2) appropriate Federal agencies;
            (3) Native Hawaiian and local government entities;
            (4) private and nonprofit organizations;
            (5) private land owners; and
            (6) other interested parties.
    (d) Themes.--The study shall evaluate the Honouliuli Gulch, 
associated sites located on Oahu, and other islands located in the 
State of Hawaii with respect to--
            (1) the significance of the site as a component of World 
        War II;
            (2) the significance of the site as the site related to the 
        forcible internment of Japanese Americans, European Americans, 
        and other individuals; and
            (3) historic resources at the site.
    (e) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Natural 
Resources of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate a report describing the findings, 
conclusions, and recommendations of the study required under this 
section.

       prohibition on use of funds to impede operational control

    Sec. 123. None of the funds made available by this Act may be used 
to impede, prohibit, or restrict activities of the Secretary of 
Homeland Security on public lands to achieve operational control (as 
defined in section 2(b) of the Secure Fence Act of 2006 (8 U.S.C. 1701 
note; Public Law 109-367) over the international land and maritime 
borders of the United States.
    Sec. 124.  Any owner of private property within an existing or new 
National Heritage Area may opt out of participating in any plan, 
project, program, or activity conducted within the National Heritage 
Area if the property owner provides written notice to the local 
coordinating entity.

                                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, $842,799,000, to remain available until September 30, 
2011.

                 Environmental Programs and Management

    For environmental programs and management, including necessary 
expenses, not otherwise provided for, for personnel and related costs 
and travel expenses; hire of passenger motor vehicles; hire, 
maintenance, and operation of aircraft; purchase of reprints; library 
memberships in societies or associations which issue publications to 
members only or at a price to members lower than to subscribers who are 
not members; administrative costs of the brownfields program under the 
Small Business Liability Relief and Brownfields Revitalization Act of 
2002; and not to exceed $9,000 for official reception and 
representation expenses, $2,878,780,000, to remain available until 
September 30, 2011: Provided, That of the funds included under this 
heading, not less than $478,696,000 shall be for the Geographic 
Programs specified in the committee report accompanying this Act.

                      Office of Inspector General

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $44,791,000, to remain available until September 30, 2011.

                        Buildings and Facilities

    For construction, repair, improvement, extension, alteration, and 
purchase of fixed equipment or facilities of, or for use by, the 
Environmental Protection Agency, $35,001,000, to remain available until 
expended: Provided, That, at the discretion of the Administrator of the 
Environmental Protection Agency, from the funds included under this 
heading, $500,000 may be made available for preliminary planning and 
design of a high-performance green building to consolidate the multiple 
offices and research facilities of the Environmental Protection Agency 
in Las Vegas, Nevada.

                     Hazardous Substance Superfund

                     (including transfers of funds)

    For necessary expenses to carry out the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, 
including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 
9611) $1,308,541,000, to remain available until expended, consisting of 
such sums as are available in the Trust Fund on September 30, 2009, as 
authorized by section 517(a) of the Superfund Amendments and 
Reauthorization Act of 1986 (SARA) and up to $1,308,541,000 as a 
payment from general revenues to the Hazardous Substance Superfund for 
purposes as authorized by section 517(b) of SARA, as amended: Provided, 
That funds appropriated under this heading may be allocated to other 
Federal agencies in accordance with section 111(a) of CERCLA: Provided 
further, That of the funds appropriated under this heading, $9,975,000 
shall be paid to the ``Office of Inspector General'' appropriation to 
remain available until September 30, 2011, and $26,834,000 shall be 
paid to the ``Science and Technology'' appropriation to remain 
available until September 30, 2011.

          Leaking Underground Storage Tank Trust Fund Program

    For necessary expenses to carry out leaking underground storage 
tank cleanup activities authorized by subtitle I of the Solid Waste 
Disposal Act, as amended, $114,171,000, to remain available until 
expended, of which $78,671,000 shall be for carrying out leaking 
underground storage tank cleanup activities authorized by section 
9003(h) of the Solid Waste Disposal Act, as amended; $35,500,000 shall 
be for carrying out the other provisions of the Solid Waste Disposal 
Act specified in section 9508(c) of the Internal Revenue Code, as 
amended: Provided, That the Administrator is authorized to use 
appropriations made available under this heading to implement section 
9013 of the Solid Waste Disposal Act to provide financial assistance to 
federally recognized Indian tribes for the development and 
implementation of programs to manage underground storage tanks.

                           Oil Spill Response

    For expenses necessary to carry out the Environmental Protection 
Agency's responsibilities under the Oil Pollution Act of 1990, 
$18,379,000, to be derived from the Oil Spill Liability trust fund, to 
remain available until expended.

                   State and Tribal Assistance Grants

    For environmental programs and infrastructure assistance, including 
capitalization grants for State revolving funds and performance 
partnership grants, $4,954,274,000, to remain available until expended, 
of which $2,100,000,000 shall be for making capitalization grants for 
the Clean Water State Revolving Funds under title VI of the Federal 
Water Pollution Control Act, as amended (the ``Act''); of which 
$1,387,000,000 shall be for capitalization grants for the Drinking 
Water State Revolving Funds under section 1452 of the Safe Drinking 
Water Act, as amended: Provided, That, for fiscal year 2010, to the 
extent that there are sufficient applications, not less than 20 percent 
of the funds made available for the Clean Water State Revolving Fund or 
Drinking Water State Revolving Fund capitalization grants shall be for 
projects to address green infrastructure, water or energy efficiency 
improvements, or other environmentally innovative activities; 
$10,000,000 shall be for architectural, engineering, planning, design, 
construction and related activities in connection with the construction 
of high priority water and wastewater facilities in the area of the 
United States-Mexico Border, after consultation with the appropriate 
border commission; $15,000,000 shall be for grants to the State of 
Alaska to address drinking water and wastewater infrastructure needs of 
rural and Alaska Native Villages: Provided further, That, of these 
funds: (1) the State of Alaska shall provide a match of 25 percent; (2) 
no more than 5 percent of the funds may be used for administrative and 
overhead expenses; and (3) the State of Alaska shall make awards 
consistent with the State-wide priority list established in conjunction 
with the Agency and the U.S. Department of Agriculture for all water, 
sewer, waste disposal, and similar projects carried out by the State of 
Alaska that are funded under section 221 of the Federal Water Pollution 
Control Act (33 U.S.C. 1301) or the Consolidated Farm and Rural 
Development Act (7 U.S.C. 1921 et seq.) which shall allocate not less 
than 25 percent of the funds provided for projects in regional hub 
communities; $150,000,000 shall be for making special project grants 
for the construction of drinking water, wastewater and storm water 
infrastructure and for water quality protection in accordance with the 
terms and conditions specified for such grants in the committee report 
accompanying this Act, and, for purposes of these grants, each grantee 
shall contribute not less than 45 percent of the cost of the project 
unless the grantee is approved for a waiver by the Agency; $101,000,000 
shall be to carry out section 104(k) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, 
including grants, interagency agreements, and associated program 
support costs; $60,000,000 shall be for grants under title VII, 
subtitle G of the Energy Policy Act of 2005, as amended; $20,000,000 
shall be for targeted airshed grants in accordance with the terms and 
conditions of the committee report accompanying this Act; and 
$1,111,274,000 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 $49,495,000 shall 
be for carrying out section 128 of CERCLA, as amended, $10,000,000 
shall be for Environmental Information Exchange Network grants, 
including associated program support costs, $18,500,000 of the funds 
available for grants under section 106 of the Act shall be for water 
quality monitoring activities, and, in addition to funds appropriated 
under the heading ``Leaking Underground Storage Tank Trust Fund 
Program'' to carry out the provisions of the Solid Waste Disposal Act 
specified in section 9508(c) of the Internal Revenue Code other than 
section 9003(h) of the Solid Waste Disposal Act, as amended, $2,500,000 
shall be for grants to States under section 2007(f)(2) of the Solid 
Waste Disposal Act, as amended: Provided further, That notwithstanding 
section 603(d)(7) of the Federal Water Pollution Control Act, the 
limitation on the amounts in a State water pollution control revolving 
fund that may be used by a State to administer the fund shall not apply 
to amounts included as principal in loans made by such fund in fiscal 
year 2010 and prior years where such amounts represent costs of 
administering the fund to the extent that such amounts are or were 
deemed reasonable by the Administrator, accounted for separately from 
other assets in the fund, and used for eligible purposes of the fund, 
including administration: Provided further, That for fiscal year 2010, 
and notwithstanding section 518(f) of the Act, the Administrator is 
authorized to use the amounts appropriated for any fiscal year under 
section 319 of that Act to make grants to federally recognized Indian 
tribes pursuant to sections 319(h) and 518(e) of that Act: Provided 
further, That, for fiscal year 2010, notwithstanding the limitation on 
amounts in section 518(c) of the Federal Water Pollution Control Act 
and section 1452(i) of the Safe Drinking Water Act, up to a total of 2 
percent of the funds appropriated for the Clean Water State Revolving 
Funds and Drinking Water State Revolving Funds may be reserved by the 
Administrator for grants to Tribes: Provided further, That, for fiscal 
year 2010, notwithstanding any other provision of law, up to a total of 
1.5 percent of the funds provided for the Clean Water State Revolving 
Funds and Drinking Water State Revolving Funds may be reserved by the 
Administrator for grants to territories of the United States: 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 notwithstanding the joint 
explanatory statement of the Committee on Appropriations of the House 
of Representatives accompanying Public Law 111-8, the $300,000 made 
available to the Village of Crestwood for water storage improvements 
(as described in the table entitled ``Congressionally Designated 
Spending'' in section 430 of that joint explanatory statement) shall be 
made available to the City of Quincy, Illinois, for drinking water 
system improvements: Provided further, That, notwithstanding House 
Report 107-272, the amount of $1,000,000 made available to the 
Southeast Alabama Regional Water Authority for a water facility project 
and the amount of $2,500,000 made available to the Alabama Regional 
Water Authority for the Southwest Alabama Rural/Municipal Water System 
may, at the discretion of the Administrator, be made available to the 
city of Thomasville for those projects: Provided further, That, 
notwithstanding House Report 108-10, the amount of $450,000 made 
available to the Southwest Alabama Regional Water Authority for water 
infrastructure improvements may, at the discretion of the 
Administrator, be made available to the city of Thomasville for that 
project: Provided further, That, notwithstanding House Report 108-401, 
the amount of $450,000 made available to the Southwest Alabama Regional 
Water supply District for regional water supply distribution in 
Thomasville, Alabama, may, at the discretion of the Administrator, be 
made available to the city of Thomasville for that project: Provided 
further, That, notwithstanding House Report 108-401, the amount of 
$2,000,000 made available to the Tom Bevill Reservoir Management Area 
Authority for construction of a drinking water reservoir in Fayette 
County, Alabama, may, at the discretion of the Administrator, be made 
available to Fayette County, Alabama, for water system upgrades: 
Provided further, That, notwithstanding the joint explanatory statement 
of the Committee on Appropriations of the House of Representatives 
accompanying Public Law 111-8 (123 Stat. 524), the amount of $500,000 
made available to the San Bernardino Municipal Water District for the 
Inland Empire alternative water supply project (as described in the 
table entitled ``Congressionally Designated Spending'' contained in 
section 430 of that joint explanatory statement) may, at the discretion 
of the Administrator, be made available to the city of San Bernardino 
municipal water department for that project: Provided further, That, 
notwithstanding the joint explanatory statement of the Committee on 
Appropriations of the House of Representatives accompanying the 
Consolidated Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 
1844), from funds made available by that Act for the State and Tribal 
Assistance Grants program, $170,800 may, at the discretion of the 
Administrator, be made available to the city of Prescott for a 
wastewater treatment plant construction project and $129,200 may, at 
the discretion of the Administrator, be made available to the city of 
Wichita for a storm water technology pilot project: Provided further, 
That, notwithstanding the joint explanatory statement of the Committee 
on Appropriations of the House of Representatives accompanying the 
Omnibus Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 524), the 
amount of $185,000 made available to the city of Manhattan for the 
sewer mainline extension project (as described in the table entitled 
``Congressionally Designated Spending'' contained in section 430 of 
that joint explanatory statement) may, at the discretion of the 
Administrator, be made available to the city of Manhattan for a water 
mainline extension project: Provided further, That, notwithstanding the 
joint explanatory statement of the Committee on Appropriations of the 
House of Representatives accompanying the Omnibus Appropriations Act, 
2009 (Public Law 111-8; 123 Stat. 524), the amount of $290,000 made 
available to the Riley County Board of Commissioners for the Konza 
Sewer Main Extension project (as described in the table entitled 
``Congressionally Designated Spending'' contained in section 430 of 
that joint explanatory statement) may, at the discretion of the 
Administrator, be made available to the city of Manhattan for the Konza 
Water Main Extension project: Provided further,  That, notwithstanding 
the joint explanatory statement of the Committee on Appropriations of 
the House of Representatives accompanying Public Law 111-8 (123 Stat. 
524), the amount of $1,300,000 made available to the City of 
Warrensburg, Missouri for a drinking water and wastewater 
infrastructure project (as described in the table entitled 
``Congressionally Designated Spending'' contained in section 430 of 
that joint explanatory statement) may, at the discretion of the 
Administrator, be made available to Johnson County, Missouri for that 
project: Provided further, That, notwithstanding the joint explanatory 
statement of the Committee on Appropriations of the House of 
Representatives accompanying Public Law 111-8 (123 Stat. 524), the 
amount of $1,000,000 made available to the City of Gravois Mills for 
wastewater infrastructure (as described in the table entitled 
``Congressionally Designated Spending'' contained in section 430 of 
that joint explanatory statement) may, at the discretion of the 
Administrator, be made available to the Gravois Arm Sewer District for 
that project: Provided further, That, notwithstanding the joint 
explanatory statement of the Committee on Appropriations of the House 
of Representatives accompanying Public Law 111-8 (123 Stat. 524), the 
amount of $500,000 made available to McDonald County, Missouri for a 
wastewater infrastructure expansion project (as described in the table 
entitled ``Congressionally Designated Spending'' contained in section 
430 of that joint explanatory statement) may, at the discretion of the 
Administrator, be made available to PWSD #1 of McDonald County, 
Missouri for that project: Provided further, That, notwithstanding the 
joint explanatory statement of the Committee on Appropriations of the 
House of Representatives accompanying Public Law 110-161 (121 Stat. 
1844), the amount of $150,000 made available to the City of Hayti, 
Pemiscot Consolidated Public Water Supply District 1 for a Water 
Storage Tank (as described in the section entitled ``STAG 
Infrastructure Grants/Congressional Priorities'' on page 1264 of the 
joint explanatory statement) may, at the discretion of the 
Administrator, be made available to Pemiscot Consolidated Public Water 
Supply District 1 for a drinking water source protection infrastructure 
project: Provided further, That, notwithstanding the joint explanatory 
statement of the Committee on Appropriations of the House of 
Representatives accompanying Public Law 111-8 (123 Stat. 524), the 
amount of $400,000 made available to the City of Lake Norden, South 
Dakota, for wastewater infrastructure improvements (as described in the 
table entitled ``Congressionally Designated Spending'' contained in 
section 430 of that joint explanatory statement) may, at the discretion 
of the Administrator, be made available to the City of Lake Norden, 
South Dakota, for drinking water infrastructure improvements.

       Administrative Provisions, Environmental Protection Agency

                    (including rescission of funds)

    For fiscal year 2010, notwithstanding 31 U.S.C. 6303(1) and 
6305(1), the Administrator of the Environmental Protection Agency, in 
carrying out the Agency's function to implement directly Federal 
environmental programs required or authorized by law in the absence of 
an acceptable tribal program, may award cooperative agreements to 
federally recognized Indian Tribes or Intertribal consortia, if 
authorized by their member Tribes, to assist the Administrator in 
implementing Federal environmental programs for Indian Tribes required 
or authorized by law, except that no such cooperative agreements may be 
awarded from funds designated for State financial assistance 
agreements.
    The Administrator of the Environmental Protection Agency is 
authorized to collect and obligate pesticide registration service fees 
in accordance with section 33 of the Federal Insecticide, Fungicide, 
and Rodenticide Act, as amended by Public Law 110-94, the Pesticide 
Registration Improvement Renewal Act.
    The Administrator is authorized to transfer up to 50 percent 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 Account, 
$40,000,000 are permanently rescinded: Provided, That no amounts may be 
rescinded from amounts that were designated by Congress as an emergency 
requirement pursuant to the Concurrent Resolution on the Budget or the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

          General Provisions, Environmental Protection Agency

                              black carbon

    Sec. 201.  (a) Not later than 18 months after the date of enactment 
of this Act, the Administrator, in consultation with other Federal 
agencies, may carry out and submit to Congress the results of a study 
to define black carbon, assess the impacts of black carbon on global 
and regional climate, and identify the most cost-effective ways to 
reduce black carbon emissions--
            (1) to improve global and domestic public health; and
            (2) to mitigate the climate impacts of black carbon.
    (b) In carrying out the study, the Administrator shall--
            (1) identify global and domestic black carbon sources, the 
        quantities of emissions from those sources, and cost-effective 
        mitigation technologies and strategies;
            (2) evaluate the public health, climate, and economic 
        impacts of black carbon;
            (3) identify current and practicable future opportunities 
        to provide financial, technical, and related assistance to 
        reduce domestic and international black carbon emissions; and
            (4) identify opportunities for future research and 
        development to reduce black carbon emissions and protect public 
        health in the United States and internationally.
    (c) Of the amounts made available under this title under the 
heading ``Environmental Programs and Management'' for operations and 
administration, up to $2,000,000 shall be--
            (1) transferred to the account used to fund the Office of 
        Air Quality Planning and Standards of the Environmental 
        Protection Agency; and
            (2) used by the Administrator to carry out this section.

                               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, $307,012,000, to remain available until expended: 
Provided, That of the funds provided, $66,939,000 is for the forest 
inventory and analysis program.

                       state and private forestry

    For necessary expenses of cooperating with and providing technical 
and financial assistance to States, territories, possessions, and 
others, and for forest health management, including treatments of 
pests, pathogens, and invasive or noxious plants and for restoring and 
rehabilitating forests damaged by pests or invasive plants, cooperative 
forestry, and education and land conservation activities and conducting 
an international program as authorized, $276,946,000, to remain 
available until expended, as authorized by law; and of which 
$55,145,000 is to be derived from the Land and Water Conservation Fund.

                         national forest system

                     (including transfers of funds)

    For necessary expenses of the Forest Service, not otherwise 
provided for, for management, protection, improvement, and utilization 
of the National Forest System, $1,552,429,000, to remain available 
until expended, which shall include 50 percent of all moneys received 
during prior fiscal years as fees collected under the Land and Water 
Conservation Fund Act of 1965, as amended, in accordance with section 4 
of the Act (16 U.S.C. 460l-6a(i)) and of which $2,000,000 may be made 
available to the Pest and Disease Revolving Loan Fund established by 
section 10205(b) of the Food, Conservation, and Energy Act of 2008 (16 
U.S.C. 2104a(b)): Provided, That, through fiscal year 2014, the 
Secretary of Agriculture may authorize the expenditure or transfer of 
such sums as are necessary to the Secretary of the Interior for 
removal, preparation and adoption of excess wild horses and burros from 
National Forest System lands and for the performance of cadastral 
surveys to designate the boundaries of such lands: Provided further, 
That $282,617,000 shall be made available for recreation, heritage, and 
wilderness.

                  capital improvement and maintenance

                     (including transfer of funds)

    For necessary expenses of the Forest Service, not otherwise 
provided for, $513,418,000, to remain available until expended, for 
construction, capital improvement, maintenance and acquisition of 
buildings and other facilities and infrastructure; and for 
construction, capital improvement, decommissioning, and maintenance of 
forest roads and trails by the Forest Service as authorized by 16 
U.S.C. 532-538 and 23 U.S.C. 101 and 205: Provided, That $50,000,000 
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 up to $40,000,000 of 
the funds provided herein for road maintenance shall be available for 
the decommissioning of roads, including unauthorized roads not part of 
the transportation system, which are no longer needed: Provided 
further, That no funds shall be expended to decommission any system 
road until notice and an opportunity for public comment has been 
provided on each decommissioning project: Provided further, That the 
decommissioning of unauthorized roads not part of the official 
transportation system shall be expedited in response to threats to 
public safety, water quality, or natural resources: Provided further, 
That funds becoming available in fiscal year 2010 under the Act of 
March 4, 1913 (16 U.S.C. 501) shall be transferred to the General Fund 
of the Treasury and shall not be available for transfer or obligation 
for any other purpose unless the funds are appropriated.

                            land acquisition

    For expenses necessary to carry out the provisions of the Land and 
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 
through 11), including administrative expenses, and for acquisition of 
land or waters, or interest therein, in accordance with statutory 
authority applicable to the Forest Service, $67,784,000, to be derived 
from the Land and Water Conservation Fund and to remain available until 
expended.

         acquisition of lands for national forests special acts

    For acquisition of lands within the exterior boundaries of the 
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National 
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland 
National Forests, California, as authorized by law, $1,050,000, to be 
derived from forest receipts.

            acquisition of lands to complete land exchanges

    For acquisition of lands, such sums, to be derived from funds 
deposited by State, county, or municipal governments, public school 
districts, or other public school authorities, and for authorized 
expenditures from funds deposited by non-Federal parties pursuant to 
Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967, 
as amended (16 U.S.C. 484a), to remain available until expended. (16 
U.S.C. 4601-516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-
591; and 78-310).

                         range betterment fund

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

    gifts, donations and bequests for forest and rangeland research

    For expenses authorized by 16 U.S.C. 1643(b), $50,000, to remain 
available until expended, to be derived from the fund established 
pursuant to the above Act.

        management of national forest lands for subsistence uses

    For necessary expenses of the Forest Service to manage Federal 
lands in Alaska for subsistence uses under title VIII of the Alaska 
National Interest Lands Conservation Act (Public Law 96-487), 
$2,582,000, to remain available until expended.

                        wildland fire management

                     (including transfers of funds)

    For necessary expenses for forest fire presuppression activities on 
National Forest System lands, for emergency fire suppression on or 
adjacent to such lands or other lands under fire protection agreement, 
hazardous fuels reduction on or adjacent to such lands, and for 
emergency rehabilitation of burned-over National Forest System lands 
and water, $1,817,637,000, to remain available until expended: 
Provided, That such funds including unobligated balances under this 
heading, are available for repayment of advances from other 
appropriations accounts previously transferred for such purposes: 
Provided further, That such funds shall be available to reimburse State 
and other cooperating entities for services provided in response to 
wildfire and other emergencies or disasters to the extent such 
reimbursements by the Forest Service for non-fire emergencies are fully 
repaid by the responsible emergency management agency: Provided 
further, That, notwithstanding any other provision of law, $8,000,000 
of funds appropriated under this appropriation shall be used for Fire 
Science Research in support of the Joint Fire Science Program: Provided 
further, That all authorities for the use of funds, including the use 
of contracts, grants, and cooperative agreements, available to execute 
the Forest and Rangeland Research appropriation, are also available in 
the utilization of these funds for Fire Science Research: Provided 
further, That funds provided shall be available for emergency 
rehabilitation and restoration, hazardous fuels reduction activities in 
the urban-wildland interface, support to Federal emergency response, 
and wildfire suppression activities of the Forest Service: Provided 
further, That of the funds provided, $340,285,000 is for hazardous 
fuels reduction activities, $11,500,000 is for rehabilitation and 
restoration, $23,917,000 is for research activities and to make 
competitive research grants pursuant to the Forest and Rangeland 
Renewable Resources Research Act, as amended (16 U.S.C. 1641 et seq.), 
$56,250,000 is for State fire assistance, $9,000,000 is for volunteer 
fire assistance, $17,252,000 is for forest health activities on Federal 
lands and $9,928,000 is for forest health activities on State and 
private lands: Provided further, That amounts in this paragraph may be 
transferred to the ``State and Private Forestry'', ``National Forest 
System'', and ``Forest and Rangeland Research'' accounts to fund State 
fire assistance, volunteer fire assistance, forest health management, 
forest and rangeland research, the Joint Fire Science Program, 
vegetation and watershed management, heritage site rehabilitation, and 
wildlife and fish habitat management and restoration: Provided further, 
That up to $15,000,000 of the funds provided under this heading for 
hazardous fuels treatments may be transferred to and made a part of the 
``National Forest System'' account at the sole discretion of the Chief 
of the Forest Service 30 days after notifying the House and the Senate 
Committees on Appropriations: Provided further, That the costs of 
implementing any cooperative agreement between the Federal Government 
and any non-Federal entity may be shared, as mutually agreed on by the 
affected parties: Provided further, That in addition to funds provided 
for State Fire Assistance programs, and subject to all authorities 
available to the Forest Service under the State and Private Forestry 
Appropriation, up to $15,000,000 may be used on adjacent non-Federal 
lands for the purpose of protecting communities when hazard reduction 
activities are planned on national forest lands that have the potential 
to place such communities at risk: Provided further, That funds made 
available to implement the Community Forest Restoration Act, Public Law 
106-393, title VI, shall be available for use on non-Federal lands in 
accordance with authorities available to the Forest Service under the 
State and Private Forestry Appropriation: Provided further, That the 
Secretary of the Interior and the Secretary of Agriculture may 
authorize the transfer of funds appropriated for wildland fire 
management, in an aggregate amount not to exceed $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 $10,000,000, may be used to make grants, using any 
authorities available to the Forest Service under the State and Private 
Forestry appropriation, for the purpose of creating incentives for 
increased use of biomass from national forest lands: Provided further, 
That funds designated for wildfire suppression shall be assessed for 
cost pools on the same basis as such assessments are calculated against 
other agency programs.

            collaborative forest landscape restoration fund

    For expenses authorized by section 4003(f) of the Omnibus Public 
Land Management Act of 2009 (16 U.S.C. 7303(f)), $10,000,000, to remain 
available until expended.

               administrative provisions, forest service

                     (including transfers of funds)

    Appropriations to the Forest Service for the current fiscal year 
shall be available for: (1) purchase of passenger motor vehicles; 
acquisition of passenger motor vehicles from excess sources, and hire 
of such vehicles; purchase, lease, operation, maintenance, and 
acquisition of aircraft from excess sources to maintain the operable 
fleet for use in Forest Service wildland fire programs and other Forest 
Service programs; notwithstanding other provisions of law, existing 
aircraft being replaced may be sold, with proceeds derived or trade-in 
value used to offset the purchase price for the replacement aircraft; 
(2) services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for 
employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration 
of buildings and other public improvements (7 U.S.C. 2250); (4) 
acquisition of land, waters, and interests therein pursuant to 7 U.S.C. 
428a; (5) for expenses pursuant to the Volunteers in the National 
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost 
of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt 
collection contracts in accordance with 31 U.S.C. 3718(c).
    Any appropriations or funds available to the Forest Service may be 
transferred to the Wildland Fire Management appropriation for wildland 
firefighting, emergency rehabilitation of burned-over or damaged lands 
or waters under its jurisdiction, and fire preparedness due to severe 
burning conditions upon notification of the Committees on 
Appropriations for the House of Representatives and Senate if the 
Secretary of Agriculture determines that all emergency fire suppression 
funds appropriated under the heading ``Wildland Fire Management'' will 
be fully 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 
and international organizations.
    None of the funds made available to the Forest Service in this Act 
or any other Act with respect to any fiscal year shall be subject to 
transfer under the provisions of section 702(b) of the Department of 
Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public 
Law 106-224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107-107 
(7 U.S.C. 8316(b)).
    None of the funds available to the Forest Service may be 
reprogrammed without the advance approval of the House and Senate 
Committees on Appropriations in accordance with the reprogramming 
procedures contained in title IV of this Act.
    Not more than $88,785,000 of funds available to the Forest Service 
shall be transferred to the Working Capital Fund of the Department of 
Agriculture and not more than $19,400,000 of funds available to the 
Forest Service shall be transferred to the Department of Agriculture 
for Department Reimbursable Programs, commonly referred to as Greenbook 
charges. Nothing in this paragraph shall prohibit or limit the use of 
reimbursable agreements requested by the Forest Service in order to 
obtain services from the Department of Agriculture's National 
Information Technology Center.
    Funds available to the Forest Service shall be available to conduct 
a program of up to $5,000,000 for priority projects within the scope of 
the approved budget, of which $2,500,000 shall be carried out by the 
Youth Conservation Corps and $2,500,000 shall be carried out under the 
authority of the Public Lands Corps Healthy Forests Restoration Act of 
2005, Public Law 109-154.
    Of the funds available to the Forest Service, $4,000 is available 
to the Chief of the Forest Service for official reception and 
representation expenses.
    Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of 
the funds available to the Forest Service, up to $2,000,000 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 
administrative expenses or 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 
$200,000 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, $2,650,000 of the 
funds available to the Forest Service shall be advanced to the National 
Fish and Wildlife Foundation in a lump sum to aid cost-share 
conservation projects, without regard to when expenses are incurred, on 
or benefitting National Forest System lands or related to Forest 
Service programs: Provided, That such funds shall be matched on at 
least a one-for-one basis by the Foundation or its sub-recipients: 
Provided further, That the Foundation may transfer Federal funds to a 
Federal or non-Federal recipient for a project at the same rate that 
the recipient has obtained the non-Federal matching funds.
    Funds appropriated to the Forest Service shall be available for 
interactions with and providing technical assistance to rural 
communities and natural resource-based businesses for sustainable rural 
development purposes.
    Funds appropriated to the Forest Service shall be available for 
payments to counties within the Columbia River Gorge National Scenic 
Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of 
Public Law 99-663.
    An eligible individual who is employed in any project funded under 
title V of the Older American Act of 1965 (42 U.S.C. 3056 et seq.) and 
administered by the Forest Service shall be considered to be a Federal 
employee for purposes of chapter 171 of title 28, United States Code.
    Any funds appropriated to the Forest Service may be used to meet 
the non-Federal share requirement in section 502(c) of the Older 
American Act of 1965 (42 U.S.C. 3056(c)(2)).
    Funds available to the Forest Service, not to exceed $55,000,000, 
shall be assessed for the purpose of performing fire, administrative 
and other facilities maintenance. Such assessments shall occur using a 
square foot rate charged on the same basis the agency uses to assess 
programs for payment of rent, utilities, and other support services.
    Notwithstanding any other provision of law, any appropriations or 
funds available to the Forest Service not to exceed $500,000 may be 
used to reimburse the Office of the General Counsel (OGC), Department 
of Agriculture, for travel and related expenses incurred as a result of 
OGC assistance or participation requested by the Forest Service at 
meetings, training sessions, management reviews, land purchase 
negotiations and similar non-litigation related matters. Future budget 
justifications for both the Forest Service and the Department of 
Agriculture should clearly display the sums previously transferred and 
the requested funding transfers.
    Funds provided to the Forest Service in this Act may be used for 
the purpose of expenses associated with primary and secondary schooling 
for the 2009-2010 school year of dependents of agency personnel 
stationed in Puerto Rico, at a cost not in excess of those authorized 
by the Department of Defense for that same area, when it is determined 
by the Chief of the Forest Service that public schools available in the 
locality are unable to provide adequately for the education of such 
dependents.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service

                         indian health services

    For expenses necessary to carry out the Act of August 5, 1954 (68 
Stat. 674), the Indian Self-Determination Act, the Indian Health Care 
Improvement Act, and titles II and III of the Public Health Service Act 
with respect to the Indian Health Service, $3,639,868,000, 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 $779,347,000 for contract medical 
care, including $48,000,000 for the Indian Catastrophic Health 
Emergency Fund, shall remain available until expended: Provided 
further, That $18,251,000 is provided for Headquarters operations and 
information technology activities and, notwithstanding any other 
provision of law, the amount available under this proviso shall be 
allocated at the discretion of the Director of the Indian Health 
Service: Provided further, That of the funds provided, up to 
$32,000,000 shall remain available until expended for implementation of 
the loan repayment program under section 108 of the Indian Health Care 
Improvement Act: Provided further, That $16,391,000 is provided for the 
methamphetamine and suicide prevention and treatment initiative and 
$7,500,000 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 $389,490,000 shall be for payments to tribes and 
tribal organizations for contract or grant support costs associated 
with contracts, grants, self-governance compacts, or annual funding 
agreements between the Indian Health Service and a tribe or tribal 
organization pursuant to the Indian Self-Determination Act of 1975, as 
amended, prior to or during fiscal year 2010, of which not to exceed 
$5,000,000 may be used for contract support costs associated with new 
or expanded self-determination contracts, grants, self-governance 
compacts, or annual funding agreements: Provided further, That the 
Bureau of Indian Affairs may collect from the Indian Health Service, 
tribes and tribal organizations operating health facilities pursuant to 
Public Law 93-638, such individually identifiable health information 
relating to disabled children as may be necessary for the purpose of 
carrying out its functions under the Individuals with Disabilities 
Education Act (20 U.S.C. 1400, et seq.): Provided further, That the 
Indian Health Care Improvement Fund may be used, as needed, to carry 
out activities typically funded under the Indian Health Facilities 
account.

                        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, $394,757,000, to 
remain available until expended: Provided, That notwithstanding any 
other provision of law, funds appropriated for the planning, design, 
construction, renovation or expansion of health facilities for the 
benefit of an Indian tribe or tribes may be used to purchase land on 
which such facilities will be located: Provided further, That not to 
exceed $500,000 shall be used by the Indian Health Service to purchase 
TRANSAM equipment from the Department of Defense for distribution to 
the Indian Health Service and tribal facilities: Provided further, That 
none of the funds appropriated to the Indian Health Service may be used 
for sanitation facilities construction for new homes funded with grants 
by the housing programs of the United States Department of Housing and 
Urban Development: Provided further, That not to exceed $2,700,000 from 
this account and the ``Indian Health Services'' account shall be used 
by the Indian Health Service to obtain ambulances for the Indian Health 
Service and tribal facilities in conjunction with an existing 
interagency agreement between the Indian Health Service and the General 
Services Administration: Provided further, That not to exceed $500,000 
shall be placed in a Demolition Fund, to remain available until 
expended, and be used by the Indian Health Service for the demolition 
of Federal buildings.

            administrative provisions, indian health service

    Appropriations provided in this Act to the Indian Health Service 
shall be available for services as authorized by 5 U.S.C. 3109 at rates 
not to exceed the per diem rate equivalent to the maximum rate payable 
for senior-level positions under 5 U.S.C. 5376; hire of passenger motor 
vehicles and aircraft; purchase of medical equipment; purchase of 
reprints; purchase, renovation and erection of modular buildings and 
renovation of existing facilities; payments for telephone service in 
private residences in the field, when authorized under regulations 
approved by the Secretary; uniforms or allowances therefor as 
authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at 
meetings that relate to the functions or activities of the Indian 
Health Service.
    In accordance with the provisions of the Indian Health Care 
Improvement Act, non-Indian patients may be extended health care at all 
tribally administered or Indian Health Service facilities, subject to 
charges, and the proceeds along with funds recovered under the Federal 
Medical Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to 
the account of the facility providing the service and shall be 
available without fiscal year limitation. Notwithstanding any other law 
or regulation, funds transferred 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, $79,212,000.

            Agency for Toxic Substances and Disease Registry

            toxic substances and environmental public health

    For necessary expenses for the Agency for Toxic Substances and 
Disease Registry (ATSDR) in carrying out activities set forth in 
sections 104(i) and 111(c)(4) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended; 
section 118(f) of the Superfund Amendments and Reauthorization Act of 
1986 (SARA), as amended; and section 3019 of the Solid Waste Disposal 
Act, as amended, $76,792,000, of which up to $1,000 to remain available 
until expended, is for Individual Learning Accounts for full-time 
equivalent employees of the Agency for Toxic Substances and Disease 
Registry: Provided, That notwithstanding any other provision of law, in 
lieu of performing a health assessment under section 104(i)(6) of 
CERCLA, the Administrator of ATSDR may conduct other appropriate health 
studies, evaluations, or activities, including, without limitation, 
biomedical testing, clinical evaluations, medical monitoring, and 
referral to accredited health care providers: Provided further, That in 
performing any such health assessment or health study, evaluation, or 
activity, the Administrator of ATSDR shall not be bound by the 
deadlines in section 104(i)(6)(A) of CERCLA: Provided further, That 
none of the funds appropriated under this heading shall be available 
for ATSDR to issue in excess of 40 toxicological profiles pursuant to 
section 104(i) of CERCLA during fiscal year 2010, and existing profiles 
may be updated as necessary.

                         OTHER RELATED AGENCIES

                   Executive Office of the President

  council on environmental quality and office of environmental quality

    For necessary expenses to continue functions assigned to the 
Council on Environmental Quality and Office of Environmental Quality 
pursuant to the National Environmental Policy Act of 1969, the 
Environmental Quality Improvement Act of 1970, and Reorganization Plan 
No. 1 of 1977, and not to exceed $750 for official reception and 
representation expenses, $3,159,000: Provided, That notwithstanding 
section 202 of the National Environmental Policy Act of 1970, the 
Council shall consist of one member, appointed by the President, by and 
with the advice and consent of the Senate, serving as chairman and 
exercising all powers, functions, and duties of the Council.

             Chemical Safety and Hazard Investigation Board

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses in carrying out activities pursuant to 
section 112(r)(6) of the Clean Air Act, as amended, including hire of 
passenger vehicles, uniforms or allowances therefor, as authorized by 5 
U.S.C. 5901-5902, and for services authorized by 5 U.S.C. 3109 but at 
rates for individuals not to exceed the per diem equivalent to the 
maximum rate payable for senior level positions under 5 U.S.C. 5376, 
$11,195,000.

              Office of Navajo and Hopi Indian Relocation

                         salaries and expenses

    For necessary expenses of the Office of Navajo and Hopi Indian 
Relocation as authorized by Public Law 93-531, $8,000,000, to remain 
available until expended: Provided, That funds provided in this or any 
other appropriations Act are to be used to relocate eligible 
individuals and groups including evictees from District 6, Hopi-
partitioned lands residents, those in significantly substandard 
housing, and all others certified as eligible and not included in the 
preceding categories: Provided further, That none of the funds 
contained in this or any other Act may be used by the Office of Navajo 
and Hopi Indian Relocation to evict any single Navajo or Navajo family 
who, as of November 30, 1985, was physically domiciled on the lands 
partitioned to the Hopi Tribe unless a new or replacement home is 
provided for such household: Provided further, That no relocatee will 
be provided with more than one new or replacement home: Provided 
further, That the Office shall relocate any certified eligible 
relocatees who have selected and received an approved homesite on the 
Navajo reservation or selected a replacement residence off the Navajo 
reservation or on the land acquired pursuant to 25 U.S.C. 640d-10.

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development

                        payment to the institute

    For payment to the Institute of American Indian and Alaska Native 
Culture and Arts Development, as authorized by title XV of Public Law 
99-498, as amended (20 U.S.C. 56 part A), $8,300,000.

                        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, $634,161,000, of which not to exceed $19,117,000 for the 
instrumentation program, collections acquisition, exhibition 
reinstallation, the National Museum of African American History and 
Culture, and the repatriation of skeletal remains program shall remain 
available until expended; of which $1,553,000 for fellowships and 
scholarly awards shall remain available until September 30, 2011; of 
which $250,000 may be made available to carry out activities under the 
Civil Rights History Project Act of 2009 (20 U.S.C. 80s et seq.), to 
remain available until expended; and including such funds as may be 
necessary to support American overseas research centers: Provided, That 
funds appropriated herein are available for advance payments to 
independent contractors performing research services or participating 
in official Smithsonian presentations.

                           facilities capital

    For necessary expenses of repair, revitalization, and alteration of 
facilities owned or occupied by the Smithsonian Institution, by 
contract or otherwise, as authorized by section 2 of the Act of August 
22, 1949 (63 Stat. 623), and for construction, including necessary 
personnel, $125,000,000, to remain available until expended, of which 
not to exceed $10,000 is for services as authorized by 5 U.S.C. 3109.

                              legacy fund

                    (including rescission of funds)

    For the purpose of developing a public-private partnership to 
facilitate the reopening of the Arts and Industries Building of the 
Smithsonian Institution, $30,000,000, to remain available until 
expended, for repair, renovation and revitalization of the building: 
Provided, That such funds shall be matched on a 1:1 basis by private 
donations: Provided further, That major in-kind donations that 
contribute significantly to the redesign and purpose of the reopened 
building be considered to qualify toward the total private match: 
Provided further, That privately contributed endowments, which are 
designated for the care and renewal of permanent exhibitions installed 
in the Arts and Industries Building, be considered as qualifying toward 
the total private match: Provided further, That this appropriation may 
be made available to the Smithsonian Institution incrementally as 
private funding becomes available: Provided further, That any other 
provision of law that adjusts the overall amount of the Federal 
appropriation for this account shall also apply to the privately 
contributed requirement: Provided further, That the unobligated 
balances provided under this heading in Public Law 110-161 and Public 
Law 111-8 are hereby rescinded.

                        National Gallery of Art

                         salaries and expenses

    For the upkeep and operations of the National Gallery of Art, the 
protection and care of the works of art therein, and administrative 
expenses incident thereto, as authorized by the Act of March 24, 1937 
(50 Stat. 51), as amended by the public resolution of April 13, 1939 
(Public Resolution 9, Seventy-sixth Congress), including services as 
authorized by 5 U.S.C. 3109; payment in advance when authorized by the 
treasurer of the Gallery for membership in library, museum, and art 
associations or societies whose publications or services are available 
to members only, or to members at a price lower than to the general 
public; purchase, repair, and cleaning of uniforms for guards, and 
uniforms, or allowances therefor, for other employees as authorized by 
law (5 U.S.C. 5901-5902); purchase or rental of devices and services 
for protecting buildings and contents thereof, and maintenance, 
alteration, improvement, and repair of buildings, approaches, and 
grounds; and purchase of services for restoration and repair of works 
of art for the National Gallery of Art by contracts made, without 
advertising, with individuals, firms, or organizations at such rates or 
prices and under such terms and conditions as the Gallery may deem 
proper, $110,746,000, of which not to exceed $3,386,000 for the special 
exhibition program shall remain available until expended.

            repair, restoration and renovation of buildings

    For necessary expenses of repair, restoration and renovation of 
buildings, grounds and facilities owned or occupied by the National 
Gallery of Art, by contract or otherwise, as authorized, $54,499,000, 
to remain available until expended: Provided, That of this amount, up 
to $40,000,000 shall be available for repair of the National Gallery's 
East Building facade: Provided further, That notwithstanding any other 
provision of law, a single procurement for the foregoing Major Critical 
Project may be issued which includes the full scope of the project: 
Provided further, That the solicitation and contract shall contain the 
clause ``availability of funds'' found at 48 CFR 52.232.18: Provided 
further, That contracts awarded for environmental systems, protection 
systems, and exterior repair or renovation of buildings of the National 
Gallery of Art may be negotiated with selected contractors and awarded 
on the basis of contractor qualifications as well as price.

             John F. Kennedy Center for the Performing Arts

                       operations and maintenance

    For necessary expenses for the operation, maintenance and security 
of the John F. Kennedy Center for the Performing Arts, $22,500,000.

                     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, $17,447,000, to remain available until 
expended.

            Woodrow Wilson International Center for Scholars

                         salaries and expenses

    For expenses necessary in carrying out the provisions of the 
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of 
passenger vehicles and services as authorized by 5 U.S.C. 3109, 
$10,225,000.

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts

                       grants and administration

    For necessary expenses to carry out the National Foundation on the 
Arts and the Humanities Act of 1965, as amended, $161,315,000 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: Provided, That funds appropriated herein shall be expended in 
accordance with sections 309 and 311 of Public Law 108-447.

                 National Endowment for the Humanities

                       grants and administration

    For necessary expenses to carry out the National Foundation on the 
Arts and the Humanities Act of 1965, as amended, $161,315,000, to 
remain available until expended, of which $147,015,000 shall be 
available for support of activities in the humanities, pursuant to 
section 7(c) of the Act and for administering the functions of the Act; 
and $14,300,000 shall be available to carry out the matching grants 
program pursuant to section 10(a)(2) of the Act including $9,500,000 
for the purposes of section 7(h): Provided, That appropriations for 
carrying out section 10(a)(2) shall be available for obligation only in 
such amounts as may be equal to the total amounts of gifts, bequests, 
and devises of money, and other property accepted by the chairman or by 
grantees of the Endowment under the provisions of subsections 
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal 
years for which equal amounts have not previously been appropriated.

                       administrative provisions

    None of the funds appropriated to the National Foundation on the 
Arts and the Humanities may be used to process any grant or contract 
documents which do not include the text of 18 U.S.C. 1913.
    None of the funds appropriated to the National Foundation on the 
Arts and the Humanities may be used for official reception and 
representation expenses: Provided, That funds from nonappropriated 
sources may be used as necessary for official reception and 
representation expenses.
    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, That such small grant actions are taken pursuant to the 
terms of an expressed and direct delegation of authority from the 
National Council on the Arts to the Chairperson.

                        Commission of Fine Arts

                         salaries and expenses

    For expenses made necessary by the Act establishing a Commission of 
Fine Arts (40 U.S.C. 104), $2,294,000: Provided, That the Commission is 
authorized to charge fees to cover the full costs of its publications, 
and such fees shall be credited to this account as an offsetting 
collection, to remain available until expended without further 
appropriation: Provided further, That the Commission is authorized to 
accept gifts, including objects, papers, artwork, drawings and 
artifacts, that pertain to the history and design of the Nation's 
Capital or the history and activities of the Commission of Fine Arts, 
for the purpose of artistic display, study or education.

               national capital arts and cultural affairs

    For necessary expenses as authorized by Public Law 99-190 (20 
U.S.C. 956a), as amended, $9,500,000: Provided, That no organization 
shall receive a grant in excess of $650,000 in a single year.

               Advisory Council on Historic Preservation

                         salaries and expenses

    For necessary expenses of the Advisory Council on Historic 
Preservation (Public Law 89-665, as amended), $5,908,000: Provided, 
That none of these funds shall be available for compensation of level V 
of the Executive Schedule or higher positions.

                  National Capital Planning Commission

                         salaries and expenses

    For necessary expenses, as authorized by the National Capital 
Planning Act of 1952 (40 U.S.C. 71-71i), including services as 
authorized by 5 U.S.C. 3109, $8,507,000: Provided, That one-quarter of 
1 percent of the funds provided under this heading may be used for 
official reception and representational expenses associated with 
hosting international visitors engaged in the planning and physical 
development of world capitals.

                United States Holocaust Memorial Museum

                       holocaust memorial museum

    For expenses of the Holocaust Memorial Museum, as authorized by 
Public Law 106-292 (36 U.S.C. 2301-2310), $49,122,000, of which 
$515,000 for the Museum's equipment replacement program, $1,900,000 for 
the museum's repair and rehabilitation program and $1,264,000 for the 
museum's exhibition design and production program shall remain 
available until expended.

                             Presidio Trust

                          presidio trust fund

    For necessary expenses to carry out title I of the Omnibus Parks 
and Public Lands Management Act of 1996, $17,230,000 shall be available 
to the Presidio Trust, to remain available until expended.

                Dwight D. Eisenhower Memorial Commission

                         salaries and expenses

    For necessary expenses, including the costs of construction design, 
of the Dwight D. Eisenhower Memorial Commission, $3,000,000, to remain 
available until expended.

                          capital construction

    For necessary expenses of the Dwight D. Eisenhower Memorial 
Commission for design and construction of a memorial in honor of Dwight 
D. Eisenhower, as authorized by Public Law 106-79, $16,000,000, to 
remain available until expended.

                                TITLE IV

                           GENERAL PROVISIONS

                   limitation on consulting services

                     (including transfers of funds)

    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.

           prohibition on use of funds for personal services

    Sec. 403.  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. 404.  Estimated overhead charges, deductions, reserves or 
holdbacks from programs, projects, activities and subactivities to 
support government-wide, departmental, agency or bureau administrative 
functions or headquarters, regional or central operations shall be 
presented in annual budget justifications and subject to approval by 
the Committees on Appropriations. Changes to such estimates shall be 
presented to the Committees on Appropriations for approval.

                             giant sequoia

    Sec. 405.  None of the funds in this Act may be used to plan, 
prepare, or offer for sale timber from trees classified as giant 
sequoia (Sequoiadendron giganteum) which are located on National Forest 
System or Bureau of Land Management lands in a manner different than 
such sales were conducted in fiscal year 2009.

                          mining applications

    Sec. 406. (a) None of the funds appropriated or otherwise made 
available pursuant to this Act shall be obligated or expended to accept 
or process applications for a patent for any mining or mill site claim 
located under the general mining laws.
    (b) Exceptions.--The provisions of subsection (a) shall not apply 
if the Secretary of the Interior determines that, for the claim 
concerned: (1) a patent application was filed with the Secretary on or 
before September 30, 1994; and (2) all requirements established under 
sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) 
for vein or lode claims and sections 2329, 2330, 2331, and 2333 of the 
Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and 
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill site 
claims, as the case may be, were fully complied with by the applicant 
by that date.
    (c) Report.--On September 30, 2010, the Secretary of the Interior 
shall file with the House and Senate Committees on Appropriations and 
the Committee on Natural Resources of the House of Representatives and 
the Committee on Energy and Natural Resources of the Senate a report on 
actions taken by the Department under the plan submitted pursuant to 
section 314(c) of the Department of the Interior and Related Agencies 
Appropriations Act, 1997 (Public Law 104-208).
    (d) Mineral Examinations.--In order to process patent applications 
in a timely and responsible manner, upon the request of a patent 
applicant, the Secretary of the Interior shall allow the applicant to 
fund a qualified third-party contractor to be selected by the Bureau of 
Land Management to conduct a mineral examination of the mining claims 
or mill sites contained in a patent application as set forth in 
subsection (b). The Bureau of Land Management shall have the sole 
responsibility to choose and pay the 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. 407.  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), and Public Laws 
110-92, 110-116, 110-137, 110-149, 110-161, 110-329, 111-6, and 111-8 
for payments for contract support costs associated with self-
determination or self-governance contracts, grants, compacts, or annual 
funding agreements with the Bureau of Indian Affairs or the Indian 
Health Service as funded by such Acts, are the total amounts available 
for fiscal years 1994 through 2009 for such purposes, except that for 
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. 408.  Prior to October 1, 2010, the Secretary of Agriculture 
shall not be considered to be in violation of subparagraph 6(f)(5)(A) 
of the Forest and Rangeland Renewable Resources Planning Act of 1974 
(16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years have passed 
without revision of the plan for a unit of the National Forest System. 
Nothing in this section exempts the Secretary from any other 
requirement of the Forest and Rangeland Renewable Resources Planning 
Act (16 U.S.C. 1600 et seq.) or any other law: Provided, That if the 
Secretary is not acting expeditiously and in good faith, within the 
funding available, to revise a plan for a unit of the National Forest 
System, this section shall be void with respect to such plan and a 
court of proper jurisdiction may order completion of the plan on an 
accelerated basis.

                 prohibition within national monuments

    Sec. 409.  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. 410.  In entering into agreements with foreign countries 
pursuant to the Wildfire Suppression Assistance Act (42 U.S.C. 1856m) 
the Secretary of Agriculture and the Secretary of the Interior are 
authorized to enter into reciprocal agreements in which the individuals 
furnished under said agreements to provide wildfire services are 
considered, for purposes of tort liability, employees of the country 
receiving said services when the individuals are engaged in fire 
suppression: Provided, That the Secretary of Agriculture or the 
Secretary of the Interior should not enter into any agreement under 
this provision unless the foreign country (either directly or through 
its fire organization) agrees to assume any and all liability for the 
acts or omissions of American firefighters engaged in firefighting in a 
foreign country: Provided further, That when an agreement is reached 
for furnishing fire fighting services, the only remedies for acts or 
omissions committed while fighting fires shall be those provided under 
the laws of the host country, and those remedies shall be the exclusive 
remedies for any claim arising out of fighting fires 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 whatsoever pertaining to or arising out of the 
firefighter's role in fire suppression.

                        contracting authorities

    Sec. 411.  In awarding a Federal contract with funds made available 
by this Act, notwithstanding Federal Government procurement and 
contracting laws, the Secretary of Agriculture and the Secretary of the 
Interior (the ``Secretaries'') may, in evaluating bids and proposals, 
give consideration to local contractors who are from, and who provide 
employment and training for, dislocated and displaced workers in an 
economically disadvantaged rural community, including those 
historically timber-dependent areas that have been affected by reduced 
timber harvesting on Federal lands and other forest-dependent rural 
communities isolated from significant alternative employment 
opportunities: Provided, That notwithstanding Federal Government 
procurement and contracting laws the Secretaries may award contracts, 
grants or cooperative agreements to local non-profit entities, Youth 
Conservation Corps or related partnerships with State, local or non-
profit youth groups, or small or micro-business or disadvantaged 
business: Provided further, That the contract, grant, or cooperative 
agreement is for forest hazardous fuels reduction, watershed or water 
quality monitoring or restoration, wildlife or fish population 
monitoring, or habitat restoration or management: Provided further, 
That the terms ``rural community'' and ``economically disadvantaged'' 
shall have the same meanings as in section 2374 of Public Law 101-624: 
Provided further, That the Secretaries shall develop guidance to 
implement this section: Provided further, That nothing in this section 
shall be construed as relieving the Secretaries of any duty under 
applicable procurement laws, except as provided in this section.

                      prohibition on use of funds

    Sec. 412.  None of the funds made available by this or any other 
Act may be used in fiscal year 2010 for competitive sourcing studies 
and any related activities involving Forest Service personnel.

                         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: Provided, That this provision shall not apply to funds 
appropriated to implement the Everglades National Park Protection and 
Expansion Act of 1989, or to funds appropriated for Federal assistance 
to the State of Florida to acquire lands for Everglades restoration 
purposes.

                  hunters point environmental cleanup

    Sec. 414.  In addition to the amounts otherwise provided to the 
Environmental Protection Agency in this Act, $8,000,000, to remain 
available until expended, is provided to EPA to be transferred to the 
Department of the Navy for clean-up activities at the Treasure Island 
Naval Station--Hunters Point Annex.

                      extension of grazing permits

    Sec. 415.  Section 325 of Public Law 108-108 is amended by striking 
``fiscal years 2004-2008'' and inserting ``fiscal year 2010.''

                   alaska native health care services

    Sec. 416. (a) Notwithstanding any other provision of law and until 
October 1, 2011, the Indian Health Service may not disburse funds for 
the provision of health care services pursuant to Public Law 93-638 (25 
U.S.C. 450 et seq.) to any Alaska Native village or Alaska Native 
village corporation that is located within the area served by an Alaska 
Native regional health entity.
    (b) Nothing in this section shall be construed to prohibit the 
disbursal of funds to any Alaska Native village or Alaska Native 
village corporation under any contract or compact entered into prior to 
May 1, 2006, or to prohibit the renewal of any such agreement.
    (c) For the purpose of this section, Eastern Aleutian Tribes, Inc., 
the Council of Athabascan Tribal Governments, and the Native Village of 
Eyak shall be treated as Alaska Native regional health entities to 
which funds may be disbursed under this section.

                        timber sale requirements

    Sec. 417.  No timber sale in Region 10 shall be advertised if the 
indicated rate is deficit when appraised using a residual value 
approach that assigns domestic Alaska values for western red cedar. 
Program accomplishments shall be based on volume sold. Should Region 10 
sell, in the current fiscal year, the annual average portion of the 
decadal allowable sale quantity called for in the current Tongass Land 
Management Plan in sales which are not deficit when appraised using a 
residual value approach that assigns domestic Alaska values for western 
red cedar, all of the western red cedar timber from those sales which 
is surplus to the needs of domestic processors in Alaska, shall be made 
available to domestic processors in the contiguous 48 United States at 
prevailing domestic prices. Should Region 10 sell, in the current 
fiscal year, less than the annual average portion of the decadal 
allowable sale quantity called for in the Tongass Land Management Plan 
in sales which are not deficit when appraised using a residual value 
approach that assigns domestic Alaska values for western red cedar, the 
volume of western red cedar timber available to domestic processors at 
prevailing domestic prices in the contiguous 48 United States shall be 
that volume: (1) which is surplus to the needs of domestic processors 
in Alaska; and (2) is that percent of the surplus western red cedar 
volume determined by calculating the ratio of the total timber volume 
which has been sold on the Tongass to the annual average portion of the 
decadal allowable sale quantity called for in the current Tongass Land 
Management Plan. The percentage shall be calculated by Region 10 on a 
rolling basis as each sale is sold (for purposes of this amendment, a 
``rolling basis'' shall mean that the determination of how much western 
red cedar is eligible for sale to various markets shall be made at the 
time each sale is awarded). Western red cedar shall be deemed ``surplus 
to the needs of domestic processors in Alaska'' when the timber sale 
holder has presented to the Forest Service documentation of the 
inability to sell western red cedar logs from a given sale to domestic 
Alaska processors at a price equal to or greater than the log selling 
value stated in the contract. All additional western red cedar volume 
not sold to Alaska or 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.

              colorado cooperative conservation authority

    Sec. 418.  Section 331 of the Department of the Interior and 
Related Agencies Appropriations Act, 2001, as amended, is amended in 
subsection (e) by striking ``September 30, 2009,'' and inserting 
``September 30, 2014,''.

                national council on the arts membership

    Sec. 419.  Section 6 of the National Foundation on the Arts and the 
Humanities Act of 1965 (Public Law 89-209, 20 U.S.C. 955), as amended, 
is further amended as follows:
            (1) In the first sentence of subsection (b)(1)(C), by 
        striking ``14'' and inserting in lieu thereof ``18''; and
            (2) In the second sentence of subsection (d)(1), by 
        striking ``Eight'' and inserting in lieu thereof ``Ten''.

                      prohibition on use of funds

    Sec. 420.  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. 421.  Notwithstanding any other provision of law, none of the 
funds made available in this Act or any other Act may be used to 
implement any rule that requires mandatory reporting of greenhouse gas 
emissions from manure management systems emitting less than 25,000 tons 
of carbon dioxide equivalent per year.

                   congressionally directed spending

    Sec. 422.  Within the amounts appropriated in this Act, funding 
shall be allocated in the amounts specified for those projects and 
purposes delineated in the table titled ``Congressionally Directed 
Spending'' included in the committee report accompanying this Act.

                      prohibition on use of funds

    Sec. 423. None of the funds made available under this Act may be 
distributed to the Association of Community Organizations for Reform 
Now (ACORN) or its subsidiaries.

 prohibition on use of wildland fire management stimulus funds in the 
                          district of columbia

    Sec. 424.  Notwithstanding any other provision of law, none of the 
funds made available under the American Recovery and Reinvestment Act 
of 2009 (Public Law 111-5; 123 Stat. 115) for wildland fire management 
shall be used in the District of Columbia.

                     jungo disposal site evaluation

    Sec. 425.  Using funds made available under this Act, the Director 
of the United States Geological Survey may conduct an evaluation of the 
aquifers in the area of the Jungo Disposal Site in Humboldt County, 
Nevada (referred to in this section as the ``site''), to evaluate--
            (1) how long it would take waste seepage (including 
        asbestos, discarded tires, and sludge from water treatment 
        plants) from the site to contaminate local underground water 
        resources;
            (2) the distance that contamination from the site would 
        travel in each of--
                    (A) 95 years; and
                    (B) 190 years;
            (3) the potential impact of expected waste seepage from the 
        site on nearby surface water resources, including Rye Patch 
        Reservoir and the Humboldt River;
            (4) the size and elevation of the aquifers; and
            (5) any impact that the waste seepage from the site would 
        have on the municipal water resources of Winnemucca, Nevada.

                         buyout and relocation

    Sec. 426.  (a) As soon as practicable after the date of enactment 
of this Act, the Administrator of the Environmental Protection Agency 
(referred to in this section as the ``Administrator'') is encouraged to 
consider all appropriate criteria, including cost-effectiveness, 
relating to the buyout and relocation of residents of properties in 
Treece, Kansas, that are subject to risk relating to, and that may 
endanger the health of occupants as a result of risks posed by, chat 
(as defined in section 278.1(b) of title 40, Code of Federal 
Regulations (as in effect on the date of enactment of this Act)).
    (b) For the purpose of the remedial action under the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9601 et seq.) that includes permanent relocation of residents of 
Treece, Kansas, any such relocation shall not be subject to the Uniform 
Relocation Assistance and Real Property Acquisition Policies Act of 
1970 (42 U.S.C. 4601 et seq.).
    (c) Nothing in this section shall in any way affect, impede, or 
change the relocation or remediation activities pursuant to the Record 
of Decision Operable Unit 4, Chat Piles, Other Mine and Mill Waste, and 
Smelter Waste, Tar Creek Superfund Site, Ottawa County, Oklahoma 
(OKD980629844) issued by the Environmental Protection Agency Region 6 
on February 20, 2008, or any other previous Record of Decision at the 
Tar Creek, Oklahoma, National Priority List Site, by any Federal agency 
or through any funding by any Federal agency.
    Sec. 427.  Section 404(c) of the Agricultural Research, Extension, 
and Education Reform Act of 1998 (7 U.S.C. 7624(c)) is amended--
            (1) in paragraph (1), by striking ``Agricultural Research 
        Service'' and inserting ``Department of Agriculture''; and
            (2) by adding at the end the following:
            ``(3) Authority of secretary.--To carry out a cooperative 
        agreement with a private entity under paragraph (1), the 
        Secretary may rent to the private entity equipment, the title 
        of which is held by the Federal Government.''.
    Sec. 428.  It is the sense of the Senate that the Senate--
            (1) supports the National Vehicle Mercury Switch Recovery 
        Program as an effective way to reduce mercury pollution from 
        electric arc furnaces used by the steel industry to melt scrap 
        metal from old vehicles; and
            (2) urges the founders of the Program to secure private 
        sector financial support so that the successful efforts of the 
        Program to reduce mercury pollution may continue.

                       national forest foundation

    Sec. 429.  Section 403(a) of the National Forest Foundation Act (16 
U.S.C. 583j-1(a)) is amended, in the first sentence, by striking 
``fifteen Directors'' and inserting ``not more than 30 Directors''.

                            cabin user fees

    Sec. 430. Notwithstanding any other provision of law, none of the 
funds made available by this Act shall be used to increase the amount 
of cabin user fees under section 608 of the Cabin User Fee Fairness Act 
of 2000 (16 U.S.C. 6207) to an amount beyond the amount levied on 
December 31, 2009.

        flame fund for emergency wildfire suppression activities

    Sec. 431.  (a) Definitions.--In this section:
            (1) Federal land.--The term ``Federal land'' means--
                    (A) public land, as defined in section 103 of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1702);
                    (B) units of the National Park System;
                    (C) refuges of the National Wildlife Refuge System;
                    (D) land held in trust by the United States for the 
                benefit of Indian tribes or members of an Indian tribe; 
                and
                    (E) land in the National Forest System, as defined 
                in section 11(a) of the Forest and Rangeland Renewable 
                Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
            (2) Flame fund.--The term ``Flame Fund'' means the Federal 
        Land Assistance, Management, and Enhancement Fund established 
        by subsection (b).
            (3) Secretaries.--The term ``Secretaries'' means the 
        Secretary of the Interior and the Secretary of Agriculture, 
        acting jointly.
            (4) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of the Interior, with respect to 
                Federal land described in subparagraphs (A), (B), (C), 
                and (D) of paragraph (1); and
                    (B) the Secretary of Agriculture, with respect to 
                National Forest System land.
    (b) Establishment of Flame Fund.--There is established in the 
Treasury of the United States a fund to be known as the ``Federal Land 
Assistance, Management, and Enhancement Fund'', consisting of--
            (1) such amounts as are appropriated to the Flame Fund; and
            (2) such amounts as are transferred to the Flame Fund under 
        subsection (d).
    (c) Funding.--
            (1) Authorization of appropriations.--
                    (A) In general.--There are authorized to be 
                appropriated to the Flame Fund such amounts as are 
                necessary to carry out this section.
                    (B) Congressional intent.--It is the intent of 
                Congress that the amounts appropriated to the Flame 
                Fund for each fiscal year should be not less than the 
                combined average amount expended by each Secretary 
                concerned for emergency wildfire suppression activities 
                over the 5 fiscal years preceding the fiscal year for 
                which amounts are appropriated.
                    (C) Availability.--Amounts appropriated to the 
                Flame Fund shall remain available until expended.
            (2) Appropriation.--There is appropriated to the Flame 
        Fund, out of funds of the Treasury not otherwise appropriated, 
        $834,000,000.
            (3) Sense of congress on designation of flame fund 
        appropriations as emergency requirement.--It is the sense of 
        Congress that further amounts appropriated to the Flame Fund 
        should be designated as amounts necessary to meet emergency 
        needs.
            (4) Notice of insufficient funds.--The Secretaries shall 
        notify the congressional committees described in subsection 
        (h)(2) if the Secretaries estimate that only 60 days worth of 
        funding remains in the Flame Fund.
    (d) Transfer of Excess Wildfire Suppression Amounts Into Flame 
Fund.--At the end of each fiscal year, the Secretary concerned shall 
transfer to the Flame Fund amounts that--
            (1) are appropriated to the Secretary concerned for 
        wildfire suppression activities for the fiscal year; but
            (2) are not obligated for wildfire suppression activities 
        before the end of the fiscal year.
    (e) Use of Flame Fund.--
            (1) In general.--Subject to paragraphs (2), (3), and (4), 
        amounts in the Flame Fund shall be available to the Secretary 
        concerned to pay the costs of emergency wildfire suppression 
        activities that are separate from amounts annually appropriated 
        to the Secretary concerned for routine wildfire suppression 
        activities.
            (2) Declaration required.--
                    (A) In general.--Amounts in the Flame Fund shall be 
                made available to the Secretary concerned only after 
                the Secretaries issue a declaration that a wildfire 
                suppression activity is eligible for funding from the 
                Flame Fund.
                    (B) Declaration criteria.--A declaration by the 
                Secretaries under subparagraph (A) may be issued only 
                if--
                            (i) in the case of an individual wildfire 
                        incident--
                                    (I) the fire covers 300 or more 
                                acres; and
                                    (II) the Secretaries determine that 
                                the fire has required an emergency 
                                Federal response based on the 
                                significant complexity, severity, or 
                                threat posed by the fire to human life, 
                                property, or resources; or
                            (ii) the cumulative costs of wildfire 
                        suppression activities for the Secretary 
                        concerned have exceeded the amounts 
                        appropriated to the Secretary concerned for 
                        those activities (not including funds deposited 
                        in the Flame Fund).
            (3) Transfer of amounts to secretary concerned.--After 
        issuance of a declaration under paragraph (2) and on request of 
        the Secretary concerned, the Secretary of the Treasury shall 
        transfer from the Flame Fund to the Secretary concerned such 
        amounts as the Secretaries determine are necessary for wildfire 
        suppression activities associated with the declaration.
            (4) State, private, and tribal land.--Use of the Flame Fund 
        for emergency wildfire suppression activities on State land, 
        private land, and tribal land shall be consistent with any 
        existing agreements in which the Secretary concerned has agreed 
        to assume responsibility for wildfire suppression activities on 
        the land.
    (f) Treatment of Anticipated and Predicted Activities.--
            (1) In general.--Subject to subsection (e)(2)(B)(ii), the 
        Secretary concerned shall continue to fund routine wildfire 
        suppression activities within the appropriate agency budget for 
        each fiscal year.
            (2) Congressional intent.--It is the intent of Congress 
        that funding made available through the Flame Fund be used--
                    (A) to supplement the funding otherwise 
                appropriated to the Secretary concerned; and
                    (B) only for purposes in, and instances consistent 
                with, this section.
    (g) Prohibition on Other Transfers.--Any amounts in the Flame Fund 
and any amounts appropriated for the purpose of wildfire suppression on 
Federal land shall be obligated before the Secretary concerned may 
transfer funds from non-fire accounts for wildfire suppression.
    (h) Accounting and Reports.--
            (1) Accounting and reporting system.--The Secretaries shall 
        establish an accounting and reporting system for the Flame Fund 
        that is compatible with existing National Fire Plan reporting 
        procedures.
            (2) Annual report.--Annually, the Secretaries shall submit 
        to the Committee on Natural Resources, the Committee on 
        Agriculture, and the Committee on Appropriations of the House 
        of Representatives and the Committee on Energy and Natural 
        Resources, the Committee on Indian Affairs, and the Committee 
        on Appropriations of the Senate and make available to the 
        public a report that--
                    (A) describes the use of amounts from the Flame 
                Fund; and
                    (B) includes any recommendations that the 
                Secretaries may have to improve the administrative 
                control and oversight of the Flame Fund.
            (3) Estimates of wildfire suppression costs to improve 
        budgeting and funding.--
                    (A) In general.--Consistent with the schedule 
                provided in subparagraph (C), the Secretaries shall 
                submit to the committees described in paragraph (2) an 
                estimate of anticipated wildfire suppression costs for 
                the applicable fiscal year and the subsequent fiscal 
                year.
                    (B) Peer review.--The methodology for developing 
                the estimates under subparagraph (A) shall be subject 
                to periodic peer review to ensure compliance with 
                subparagraph (D).
                    (C) Schedule.--The Secretaries shall submit an 
                estimate under subparagraph (A) during--
                            (i) the first week of February of each 
                        year;
                            (ii) the first week of April of each year;
                            (iii) the first week of July of each year; 
                        and
                            (iv) if a bill making appropriations for 
                        the Department of the Interior and the Forest 
                        Service for the following fiscal year has not 
                        been enacted by September 1, the first week of 
                        September of each year.
                    (D) Requirements.--An estimate of anticipated 
                wildfire suppression costs shall be developed using the 
                best available--
                            (i) climate, weather, and other relevant 
                        data; and
                            (ii) models and other analytic tools.
    (i) Termination of Authority.--The authority under this section 
shall terminate at the end of the third fiscal year in which no 
appropriations to or withdrawals from the Flame Fund have been made for 
a period of 3 consecutive fiscal years.

                 cohesive wildfire management strategy

    Sec. 432.  (a) Strategy Required.--Not later than 1 year after the 
date of enactment of this Act, the Secretary of the Interior and the 
Secretary of Agriculture, acting jointly, shall submit to Congress a 
report that contains a cohesive wildfire management strategy, 
consistent with the recommendations described in recent reports of the 
Government Accountability Office regarding management strategies.
    (b) Elements of Strategy.--The strategy required by subsection (a) 
shall provide for--
            (1) the identification of the most cost-effective means for 
        allocating fire management budget resources;
            (2) the reinvestment in non-fire programs by the Secretary 
        of the Interior and the Secretary of Agriculture;
            (3) employing the appropriate management response to 
        wildfires;
            (4) assessing the level of risk to communities;
            (5) the allocation of hazardous fuels reduction funds based 
        on the priority of hazardous fuels reduction projects;
            (6) assessing the impacts of climate change on the 
        frequency and severity of wildfire; and
            (7) studying the effects of invasive species on wildfire 
        risk.
    (c) Revision.--At least once during each 5-year period beginning on 
the date of the submission of the cohesive wildfire management strategy 
under subsection (a), the Secretaries shall revise the strategy 
submitted under that subsection to address any changes affecting the 
strategy, including changes with respect to landscape, vegetation, 
climate, and weather.

               prohibition on no-bid contracts and grants

    Sec. 433.  (a) Notwithstanding any other provision of this Act, 
none of the funds appropriated or otherwise made available by this Act 
may be--
            (1) used to make any payment in connection with a contract 
        not awarded using competitive procedures in accordance with the 
        requirements of section 303 of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 253), section 
        2304 of title 10, United States Code, and the Federal 
        Acquisition Regulation; or
            (2) awarded by grant not subjected to merit-based 
        competitive procedures, needs-based criteria, or other 
        procedures specifically authorized by law to select the grantee 
        or award recipient.
    (b) This prohibition shall not apply to the awarding of contracts 
or grants with respect to which--
            (1) no more than one applicant submits a bid for a contract 
        or grant; or
            (2) Federal law specifically authorizes a grant or contract 
        to be entered into without regard for these requirements, 
        including formula grants for States, or Federally recognized 
        Indian tribes; or
            (3) such contracts or grants are 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 grant or contract 
        with an Indian tribe as defined in section 4(e) of that Act (25 
        U.S.C. 450b (e)).
    Sec. 434. (a) Notwithstanding any other provision of this Act and 
except as provided in subsection (b), any report required to be 
submitted by a Federal agency or department to the Committee on 
Appropriations of either the Senate or the House of Representatives in 
this Act shall be posted on the public website of that agency upon 
receipt by the committee.
    (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.
    Sec. 435.  Section 1971(1) of the Omnibus Public Land Management 
Act of 2009 (16 U.S.C. 460www note; Public Law 111-11) is amended by 
striking ``December 18, 2008'' and inserting ``September 20, 2009''.

                        tar creek superfund site

    Sec. 436.  (a) In General.--To expedite the cleanup of the Federal 
land and Indian land at the Tar Creek Superfund Site (referred to in 
this section as the ``site''), any purchase of chat (as defined in 
section 278.1(b) of title 40, Code of Federal Regulations (or a 
successor regulation)), from the site shall be--
            (1) counted at twice the purchase price of the chat; and
            (2) eligible to be counted toward meeting the federally 
        required disadvantaged business enterprise set-aside on 
        federally funded projects.
    (b) Restricted Indian Owners.--Subsection (a) shall only apply if 
the purchase of chat is made from 1 or more restricted Indian owners or 
an Indian tribe.
    (c) Applicable Law.--The use of chat acquired under subsection (a) 
shall conform with applicable laws (including the regulations for the 
use of chat promulgated by the Administrator of the Environmental 
Protection Agency).
    This Act may be cited as the ``Department of the Interior, 
Environment, and Related Agencies Appropriations Act, 2010''.

            Attest:

                                                             Secretary.
111th CONGRESS

  1st Session

                               H.R. 2996

_______________________________________________________________________

                               AMENDMENT
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