I 

111TH CONGRESS 

1ST SESSION H. R. 2996 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 24, 2009 

Ordered to be printed with the amendment of the Senate 

[Strike out all after the enacting clause and insert the part printed in italic] 

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. 

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Department of the Interior, environment, and related 

6 agencies for the fiscal year ending September 30, 2010, 

7 and for other purposes, namely: 


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1 TITLE I—DEPARTMENT OF THE INTERIOR 

2 BUREAU OF LAND MANAGEMENT

3 MANAGEMENT OF LANDS AND RESOURCES

4 For necessary expenses for protection, use, improve5 ment, development, disposal, cadastral surveying, classi6 fication, acquisition of easements and other interests in 

7 lands, and performance of other functions, including main8 tenance of facilities, as authorized by law, in the manage9 ment of lands and their resources under the jurisdiction 

10 of the Bureau of Land Management, including the general 

11 administration of the Bureau, and assessment of mineral 

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

13 (16 U.S.C. 3150(a)), $950,496,000, to remain available 

14 until expended; and of which $3,000,000 shall be available 

15 in fiscal year 2010 subject to a match by at least an equal 

16 amount by the National Fish and Wildlife Foundation for 

17 cost-shared projects supporting conservation of Bureau 

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

19 as a lump sum grant without regard to when expenses are 

20 incurred. 

21 In addition, $45,500,000 is for the processing of ap22 plications for permit to drill and related use authoriza23 tions, to remain available until expended, to be reduced 

24 by amounts collected by the Bureau and credited to this 

25 appropriation that shall be derived from $6,500 per new 


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1 application for permit to drill that the Bureau shall collect 

2 upon submission of each new application, and in addition, 

3 $36,696,000 is for Mining Law Administration program 

4 operations, including the cost of administering the mining 

5 claim fee program; to remain available until expended, to 

6 be reduced by amounts collected by the Bureau and cred7 ited to this appropriation from annual mining claim fees 

8 so as to result in a final appropriation estimated at not 

9 more than $950,496,000, and $2,000,000, to remain 

10 available until expended, from communication site rental 

11 fees established by the Bureau for the cost of admin12 istering communication site activities. 

13 CONSTRUCTION

14 For construction of buildings, recreation facilities, 

15 roads, trails, and appurtenant facilities, $6,590,000, to re16 main available until expended. 

17 LAND ACQUISITION

18 For expenses necessary to carry out sections 205, 

19 206, and 318(d) of Public Law 94–579, including admin20 istrative expenses and acquisition of lands or waters, or 

21 interests therein, $26,529,000, to be derived from the 

22 Land and Water Conservation Fund and to remain avail23 able until expended. 


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1 OREGON AND CALIFORNIA GRANT LANDS

2 For expenses necessary for management, protection, 

3 and development of resources and for construction, oper4 ation, and maintenance of access roads, reforestation, and 

5 other improvements on the revested Oregon and California 

6 Railroad grant lands, on other Federal lands in the Or7 egon and California land-grant counties of Oregon, and 

8 on adjacent rights-of-way; and acquisition of lands or in9 terests therein, including existing connecting roads on or 

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

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

12 aggregate of all receipts during the current fiscal year 

13 from the revested Oregon and California Railroad grant 

14 lands is hereby made a charge against the Oregon and 

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

16 General Fund in the Treasury in accordance with the sec17 ond paragraph of subsection (b) of title II of the Act of 

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

19 FOREST ECOSYSTEM HEALTH AND RECOVERY FUND

20 (REVOLVING FUND, SPECIAL ACCOUNT)

21 In addition to the purposes authorized in Public Law 

22 102–381, funds made available in the Forest Ecosystem 

23 Health and Recovery Fund can be used through fiscal year 

24 2015 for the purpose of planning, preparing, imple25 menting and monitoring salvage timber sales and forest 


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1 ecosystem health and recovery activities, such as release 

2 from competing vegetation and density control treatments. 

3 The Federal share of receipts (defined as the portion of 

4 salvage timber receipts not paid to the counties under 43 

5 U.S.C. 1181f and 43 U.S.C. 1181f–1 et seq., and Public 

6 Law 106–393) derived from treatments funded by this ac7 count shall be deposited through fiscal year 2015 into the 

8 Forest Ecosystem Health and Recovery Fund. 

9 RANGE IMPROVEMENTS

10 For rehabilitation, protection, and acquisition of 

11 lands and interests therein, and improvement of Federal 

12 rangelands pursuant to section 401 of the Federal Land 

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

14 notwithstanding any other Act, sums equal to 50 percent 

15 of all moneys received during the prior fiscal year under 

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

17 315 et seq.) and the amount designated for range improve18 ments from grazing fees and mineral leasing receipts from 

19 Bankhead-Jones lands transferred to the Department of 

20 the Interior pursuant to law, but not less than 

21 $10,000,000, to remain available until expended: Pro22 vided, That not to exceed $600,000 shall be available for 

23 administrative expenses. 


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1 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

2 For administrative expenses and other costs related 

3 to processing application documents and other authoriza4 tions for use and disposal of public lands and resources, 

5 for costs of providing copies of official public land docu6 ments, for monitoring construction, operation, and termi7 nation of facilities in conjunction with use authorizations, 

8 and for rehabilitation of damaged property, such amounts 

9 as may be collected under Public Law 94–579, as amend10 ed, and Public Law 93–153, to remain available until ex11 pended: Provided, That, notwithstanding any provision to 

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

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

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

15 forfeiture, compromise, or settlement, if not appropriate 

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

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

18 under the authority of this Act by the Secretary to im19 prove, protect, or rehabilitate any public lands adminis20 tered through the Bureau of Land Management which 

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

22 purchaser, permittee, or any unauthorized person, without 

23 regard to whether all moneys collected from each such ac24 tion are used on the exact lands damaged which led to 

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


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

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

3 repair other damaged public lands. 

4 MISCELLANEOUS TRUST FUNDS

5 In addition to amounts authorized to be expended 

6 under existing laws, there is hereby appropriated such 

7 amounts as may be contributed under section 307 of the 

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

9 amounts as may be advanced for administrative costs, sur10 veys, appraisals, and costs of making conveyances of omit11 ted lands under section 211(b) of that Act, to remain 

12 available until expended. 

13 ADMINISTRATIVE PROVISIONS

14 Appropriations for the Bureau of Land Management 

15 (BLM) shall be available for purchase, erection, and dis16 mantlement of temporary structures, and alteration and 

17 maintenance of necessary buildings and appurtenant fa18 cilities to which the United States has title; up to 

19 $100,000 for payments, at the discretion of the Secretary, 

20 for information or evidence concerning violations of laws 

21 administered by the Bureau; miscellaneous and emergency 

22 expenses of enforcement activities authorized or approved 

23 by the Secretary and to be accounted for solely on the 

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

25 That notwithstanding 44 U.S.C. 501, the Bureau may, 


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1 under cooperative cost-sharing and partnership arrange2 ments authorized by law, procure printing services from 

3 cooperators in connection with jointly produced publica4 tions for which the cooperators share the cost of printing 

5 either in cash or in services, and the Bureau determines 

6 the cooperator is capable of meeting accepted quality 

7 standards: Provided further, That projects to be funded 

8 pursuant to a written commitment by a State government 

9 to provide an identified amount of money in support of 

10 the project may be carried out by the Bureau on a reim11 bursable basis. 

12 UNITED STATES FISH AND WILDLIFE SERVICE

13 RESOURCE MANAGEMENT

14 For necessary expenses of the United States Fish and 

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

16 and economic studies, general administration, and for the 

17 performance of other authorized functions related to such 

18 resources by direct expenditure, contracts, grants, cooper19 ative agreements and reimbursable agreements with public 

20 and private entities, $1,248,756,000, to remain available 

21 until September 30, 2011 except as otherwise provided 

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

23 projects, which shall be carried out by the Youth Con24 servation Corps: Provided further, That not to exceed 

25 $20,603,000 shall be used for implementing subsections 


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1 (a), (b), (c), and (e) of section 4 of the Endangered Spe2 cies Act, as amended (except for processing petitions, de3 veloping and issuing proposed and final regulations, and 

4 taking any other steps to implement actions described in 

5 subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of 

6 which not to exceed $10,632,000 shall be used for any 

7 activity regarding the designation of critical habitat, pur8 suant to subsection (a)(3), excluding litigation support, for 

9 species listed pursuant to subsection (a)(1) prior to Octo10 ber 1, 2009: Provided further, That of the amount avail11 able for law enforcement, up to $400,000, to remain avail12 able until expended, may at the discretion of the Secretary 

13 be used for payment for information, rewards, or evidence 

14 concerning violations of laws administered by the Service, 

15 and miscellaneous and emergency expenses of enforcement 

16 activity, authorized or approved by the Secretary and to 

17 be accounted for solely on the Secretary’s certificate: Pro18 vided further, That of the amount provided for environ19 mental contaminants, up to $1,000,000 may remain avail20 able until expended for contaminant sample analyses. 

21 CONSTRUCTION

22 For construction, improvement, acquisition, or re23 moval of buildings and other facilities required in the con24 servation, management, investigation, protection, and uti25 lization of fishery and wildlife resources, and the acquisiVerDate Nov 24 2008 02:13 Sep 26, 2009 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\H2996.PP H2996

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1 tion of lands and interests therein; $21,139,000, to remain 

2 available until expended. 

3 LAND ACQUISITION

4 For expenses necessary to carry out the Land and 

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

6 U.S.C. 460l–4 through 11), including administrative ex7 penses, and for acquisition of land or waters, or interest 

8 therein, in accordance with statutory authority applicable 

9 to the United States Fish and Wildlife Service, 

10 $67,250,000 (increased by $2,000,000), to be derived 

11 from the Land and Water Conservation Fund and to re12 main available until expended, of which, notwithstanding 

13 16 U.S.C. 460l–9, not more than $2,000,000 (increased 

14 by $2,000,000) shall be for land conservation partnerships 

15 authorized by the Highlands Conservation Act of 2004: 

16 Provided, That none of the funds appropriated for specific 

17 land acquisition projects may be used to pay for any ad18 ministrative overhead, planning or other management 

19 costs. 

20 COOPERATIVE ENDANGERED SPECIES CONSERVATION

21 FUND

22 For expenses necessary to carry out section 6 of the 

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

24 as amended, $100,000,000, to remain available until ex25 pended, of which $34,307,000 is to be derived from the 


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1 Cooperative Endangered Species Conservation Fund, of 

2 which $5,145,706 shall be for the Idaho Salmon and 

3 Clearwater River Basins Habitat Account pursuant to the 

4 Snake River Water Rights Act of 2004; and of which 

5 $65,693,000 is to be derived from the Land and Water 

6 Conservation Fund. 

7 NATIONAL WILDLIFE REFUGE FUND

8 For expenses necessary to implement the Act of Octo9 ber 17, 1978 (16 U.S.C. 715s), $14,100,000. 

10 NORTH AMERICAN WETLANDS CONSERVATION FUND

11 For expenses necessary to carry out the provisions 

12 of the North American Wetlands Conservation Act, as 

13 amended (16 U.S.C. 4401–4414), $52,647,000, to remain 

14 available until expended. 

15 NEOTROPICAL MIGRATORY BIRD CONSERVATION

16 For expenses necessary to carry out the Neotropical 

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

18 6101 et seq.), $5,250,000, to remain available until ex19 pended. 

20 MULTINATIONAL SPECIES CONSERVATION FUND

21 For expenses necessary to carry out the African Ele22 phant Conservation Act (16 U.S.C. 4201–4203, 4211– 

23 4214, 4221–4225, 4241–4246, and 1538), the Asian Ele24 phant Conservation Act of 1997 (16 U.S.C. 4261–4266), 

25 the Rhinoceros and Tiger Conservation Act of 1994 (16 


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

2 2000 (16 U.S.C. 6301–6305), and the Marine Turtle Con3 servation Act of 2004 (16 U.S.C. 6601–6606), 

4 $11,500,000, to remain available until expended. 

5 STATE AND TRIBAL WILDLIFE GRANTS

6 For wildlife conservation grants to States and to the 

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

8 States Virgin Islands, the Northern Mariana Islands, 

9 American Samoa, and federally recognized Indian tribes 

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

11 and the Fish and Wildlife Coordination Act, for the devel12 opment and implementation of programs for the benefit 

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

14 hunted or fished, $115,000,000, to remain available until 

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

16 $7,000,000 is for a competitive grant program for feder17 ally recognized Indian tribes not subject to the remaining 

18 provisions of this appropriation: Provided further, That 

19 $5,000,000 is for a competitive grant program for States, 

20 territories, and other jurisdictions with approved plans, 

21 not subject to the remaining provisions of this appropria22 tion: Provided further, That up to $20,000,000 is for in23 corporating wildlife adaptation strategies and actions to 

24 address the impacts of climate change into State Wildlife 

25 Action plans and implementing these adaptation actions: 


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1 Provided further, That the Secretary shall, after deducting 

2 $32,000,000 and administrative expenses, apportion the 

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

4 the District of Columbia and to the Commonwealth of 

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

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

7 the United States Virgin Islands, and the Commonwealth 

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

9 more than one-fourth of 1 percent thereof: Provided fur10 ther, That the Secretary shall apportion the remaining 

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

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

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

14 two-thirds of which is based on the ratio to which the pop15 ulation of such State bears to the total population of all 

16 such States: Provided further, That the amounts appor17 tioned under this paragraph shall be adjusted equitably 

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

19 than 1 percent of the amount available for apportionment 

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

21 percent of such amount: Provided further, That the Fed22 eral share of planning grants shall not exceed 75 percent 

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

24 of implementation grants shall not exceed 75 percent of 

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


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

2 from Federal grant programs: Provided further, That no 

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

4 if its comprehensive wildlife conservation plan is dis5 approved and such funds that would have been distributed 

6 to such State, territory, or other jurisdiction shall be dis7 tributed equitably to States, territories, and other jurisdic8 tions with approved plans: Provided further, That any 

9 amount apportioned in 2010 to any State, territory, or 

10 other jurisdiction that remains unobligated as of Sep11 tember 30, 2011, shall be reapportioned, together with 

12 funds appropriated in 2012, in the manner provided here13 in. 

14 ADMINISTRATIVE PROVISIONS

15 Appropriations and funds available to the United 

16 States Fish and Wildlife Service shall be available for re17 pair of damage to public roads within and adjacent to res18 ervation areas caused by operations of the Service; options 

19 for the purchase of land at not to exceed $1 for each op20 tion; facilities incident to such public recreational uses on 

21 conservation areas as are consistent with their primary 

22 purpose; and the maintenance and improvement of aquar23 ia, buildings, and other facilities under the jurisdiction of 

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

25 which are used pursuant to law in connection with manVerDate Nov 24 2008 02:13 Sep 26, 2009 Jkt 079200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6401 E:\BILLS\H2996.PP H2996

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1 agement, and investigation of fish and wildlife resources: 

2 Provided, That notwithstanding 44 U.S.C. 501, the Serv3 ice may, under cooperative cost sharing and partnership 

4 arrangements authorized by law, procure printing services 

5 from cooperators in connection with jointly produced pub6 lications for which the cooperators share at least one-half 

7 the cost of printing either in cash or services and the Serv8 ice determines the cooperator is capable of meeting accept9 ed quality standards: Provided further, That, notwith10 standing any other provision of law, the Service may use 

11 up to $2,000,000 from funds provided for contracts for 

12 employment-related legal services: Provided further, That 

13 the Service may accept donated aircraft as replacements 

14 for existing aircraft. 

15 NATIONAL PARK SERVICE

16 OPERATION OF THE NATIONAL PARK SYSTEM

17 For expenses necessary for the management, oper18 ation, and maintenance of areas and facilities adminis19 tered by the National Park Service (including expenses to 

20 carry out programs of the United States Park Police), and 

21 for the general administration of the National Park Serv22 ice, $2,260,684,000, of which $9,982,000 for planning 

23 and interagency coordination in support of Everglades res24 toration and $98,622,000 for maintenance, repair or reha25 bilitation projects for constructed assets, operation of the 


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1 National Park Service automated facility management 

2 software system, and comprehensive facility condition as3 sessments shall remain available until September 30, 

4 2011. 

5 PARK PARTNERSHIP PROJECT GRANTS

6 For expenses necessary to carry out provisions of sec7 tion 814(g) of Public Law 104–333 relating to challenge 

8 cost-share agreements, $25,000,000, to remain available 

9 until expended for Park Partnership signature projects 

10 and programs: Provided, That not less than 50 percent 

11 of the total cost of each project or program is derived from 

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

13 or a pledge of donation guaranteed by an irrevocable letter 

14 of credit. 

15 NATIONAL RECREATION AND PRESERVATION

16 For expenses necessary to carry out recreation pro17 grams, natural programs, cultural programs, heritage 

18 partnership programs, environmental compliance and re19 view, international park affairs, statutory or contractual 

20 aid for other activities, and grant administration, not oth21 erwise provided for, $59,386,000. 

22 HISTORIC PRESERVATION FUND

23 For expenses necessary in carrying out the Historic 

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

25 and the Omnibus Parks and Public Lands Management 


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1 Act of 1996 (Public Law 104–333), $90,675,000 (in2 creased by $1,000,000), to be derived from the Historic 

3 Preservation Fund and to remain available until Sep4 tember 30, 2011; of which $30,000,000 (increased by 

5 $1,000,000) shall be for Save America’s Treasures for 

6 preservation of nationally significant sites, structures, and 

7 artifacts; and of which $6,175,000 shall be for Preserve 

8 America grants to States, federally recognized Indian 

9 Tribes, and local communities for projects that preserve 

10 important historic resources through the promotion of her11 itage tourism: Provided, That of the funds provided for 

12 Save America’s Treasures, $5,310,000 shall be allocated 

13 in the amounts specified for those projects and purposes 

14 in accordance with the terms and conditions specified in 

15 the explanatory statement accompanying this Act. 

16 CONSTRUCTION

17 For construction, improvements, repair or replace18 ment of physical facilities, including modifications author19 ized by section 104 of the Everglades National Park Pro20 tection and Expansion Act of 1989, $214,691,000 (re21 duced by $1,000,000), to remain available until expended: 

22 Provided, That the National Park Service shall complete 

23 a special resource study along the route of the Mississippi 

24 River in the counties contiguous to the river from its head25 waters in the State of Minnesota to the Gulf of Mexico. 


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1 LAND AND WATER CONSERVATION FUND

2 (RESCISSION)

3 The contract authority provided for fiscal year 2010 

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

5 LAND ACQUISITION AND STATE ASSISTANCE

6 For expenses necessary to carry out the Land and 

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

8 460l–4 through 11), including administrative expenses, 

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

10 in accordance with the statutory authority applicable to 

11 the National Park Service, $103,222,000 (increased by 

12 $10,000,000), to be derived from the Land and Water 

13 Conservation Fund and to remain available until ex14 pended, of which $30,000,000 (increased by $10,000,000) 

15 is for the State assistance program. 

16 ADMINISTRATIVE PROVISIONS

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

18 of Public Law 105–391, franchise fees credited to a sub19 account shall be available for expenditure by the Sec20 retary, without further appropriation, for use at any unit 

21 within the National Park System to extinguish or reduce 

22 liability for Possessory Interest or leasehold surrender in23 terest. Such funds may only be used for this purpose to 

24 the extent that the benefiting unit anticipated franchise 

25 fee receipts over the term of the contract at that unit exVerDate Nov 24 2008 02:13 Sep 26, 2009 Jkt 079200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6401 E:\BILLS\H2996.PP H2996

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1 ceed the amount of funds used to extinguish or reduce 

2 liability. Franchise fees at the benefiting unit shall be 

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

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

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

6 to extinguish or reduce liability. 

7 For the costs of administration of the Land and 

8 Water Conservation Fund grants authorized by section 

9 105(a)(2)(B) of the Gulf of Mexico Energy Security Act 

10 of 2006 (Public Law 109–432), the National Park Service 

11 may retain up to 3 percent of the amounts which are au12 thorized to be disbursed under such section, such retained 

13 amounts to remain available until expended. 

14 National Park Service funds may be transferred to 

15 the Federal Highway Administration (FHWA), Depart16 ment of Transportation, for purposes authorized under 23 

17 U.S.C. 204. Transfers may include a reasonable amount 

18 for FHWA administrative support costs. 

19 UNITED STATES GEOLOGICAL SURVEY

20 SURVEYS, INVESTIGATIONS, AND RESEARCH

21 For expenses necessary for the United States Geo22 logical Survey to perform surveys, investigations, and re23 search covering topography, geology, hydrology, biology, 

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

25 its territories and possessions, and other areas as authorVerDate Nov 24 2008 02:13 Sep 26, 2009 Jkt 079200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6401 E:\BILLS\H2996.PP H2996

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1 ized by 43 U.S.C. 31, 1332, and 1340; classify lands as 

2 to their mineral and water resources; give engineering su3 pervision to power permittees and Federal Energy Regu4 latory Commission licensees; administer the minerals ex5 ploration program (30 U.S.C. 641); conduct inquiries into 

6 the economic conditions affecting mining and materials 

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

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

9 and to publish and disseminate data relative to the fore10 going activities; $1,105,744,000, to remain available until 

11 September 30, 2011, of which $65,561,000 shall be avail12 able only for cooperation with States or municipalities for 

13 water resources investigations; of which $40,150,000 shall 

14 remain available until expended for satellite operations; 

15 and of which $7,321,000 shall be available until expended 

16 for deferred maintenance and capital improvement 

17 projects that exceed $100,000 in cost and of which 

18 $2,000,000 shall be available for the United States Geo19 logical Survey to fund the operating expenses for the Civil 

20 Applications Committee: Provided, That none of the funds 

21 provided for the biological research activity shall be used 

22 to conduct new surveys on private property, unless specifi23 cally authorized in writing by the property owner: Pro24 vided further, That no part of this appropriation shall be 

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


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1 mapping or water resources data collection and investiga2 tions carried on in cooperation with States and municipali3 ties. 

4 ADMINISTRATIVE PROVISIONS

5 From within the amount appropriated for activities 

6 of the United States Geological Survey such sums as are 

7 necessary shall be available for reimbursement to the Gen8 eral Services Administration for security guard services; 

9 contracting for the furnishing of topographic maps and 

10 for the making of geophysical or other specialized surveys 

11 when it is administratively determined that such proce12 dures are in the public interest; construction and mainte13 nance of necessary buildings and appurtenant facilities; 

14 acquisition of lands for gauging stations and observation 

15 wells; expenses of the United States National Committee 

16 on Geology; and payment of compensation and expenses 

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

18 represent the United States in the negotiation and admin19 istration of interstate compacts: Provided, That activities 

20 funded by appropriations herein made may be accom21 plished through the use of contracts, grants, or coopera22 tive agreements as defined in 31 U.S.C. 6302 et seq.: Pro23 vided further, That the United States Geological Survey 

24 may enter into contracts or cooperative agreements di25 rectly with individuals or indirectly with institutions or 


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

2 for the temporary or intermittent services of students or 

3 recent graduates, who shall be considered employees for 

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

5 Code, relating to compensation for travel and work inju6 ries, and chapter 171 of title 28, United States Code, re7 lating to tort claims, but shall not be considered to be Fed8 eral employees for any other purposes. 

9 MINERALS MANAGEMENT SERVICE

10 ROYALTY AND OFFSHORE MINERALS MANAGEMENT

11 For expenses necessary for minerals leasing and envi12 ronmental studies, regulation of industry operations, and 

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

14 laws and regulations applicable to oil, gas, and other min15 erals leases, permits, licenses and operating contracts; for 

16 energy-related or other authorized marine-related pur17 poses on the Outer Continental Shelf; and for matching 

18 grants or cooperative agreements, $174,317,000, to re19 main available until September 30, 2011, of which 

20 $89,374,000 shall be available for royalty management ac21 tivities; and an amount not to exceed $156,730,000, to 

22 be credited to this appropriation and to remain available 

23 until expended, from additions to receipts resulting from 

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

25 cost recovery fees: Provided, That notwithstanding 31 


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1 U.S.C. 3302, in fiscal year 2010, such amounts as are 

2 assessed under 31 U.S.C. 9701 shall be collected and cred3 ited to this account and shall be available until expended 

4 for necessary expenses: Provided further, That to the ex5 tent $156,730,000 in addition to receipts are not realized 

6 from the sources of receipts stated above, the amount 

7 needed to reach $156,730,000 shall be credited to this ap8 propriation from receipts resulting from rental rates for 

9 Outer Continental Shelf leases in effect before August 5, 

10 1993: Provided further, That not to exceed $3,000 shall 

11 be available for reasonable expenses related to promoting 

12 volunteer beach and marine cleanup activities: Provided 

13 further, That notwithstanding any other provision of law, 

14 $15,000 under this heading shall be available for refunds 

15 of overpayments in connection with certain Indian leases 

16 in which the Director of MMS concurred with the claimed 

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

18 tribes, or to correct prior unrecoverable erroneous pay19 ments: Provided further, That for the costs of administra20 tion of the Coastal Impact Assistance Program authorized 

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

22 as amended (43 U.S.C. 1456a), in fiscal year 2010, MMS 

23 may retain up to 4 percent of the amounts which are dis24 bursed under section 31(b)(1), such retained amounts to 

25 remain available until expended. 


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

2 available until expended, which shall be derived from non3 refundable inspection fees collected in fiscal year 2010, as 

4 provided in this Act: Provided, That to the extent that 

5 such amounts are not realized from such fees, the amount 

6 needed to reach $10,000,000 shall be credited to this ap7 propriation from receipts resulting from rental rates for 

8 Outer Continental Shelf leases in effect before August 5, 

9 1993. 

10 OIL SPILL RESEARCH

11 For necessary expenses to carry out title I, section 

12 1016, title IV, sections 4202 and 4303, title VII, and title 

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

14 $6,303,000, which shall be derived from the Oil Spill Li15 ability Trust Fund, to remain available until expended. 

16 ADMINISTRATIVE PROVISION

17 Notwithstanding the provisions of section 35(b) of 

18 the Mineral Leasing Act, as amended (30 U.S.C. 191(b)), 

19 the Secretary shall deduct 2 percent from the amount pay20 able to each State in fiscal year 2010 and deposit the 

21 amount deducted to miscellaneous receipts of the Treas22 ury. 


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1 OFFICE OF SURFACE MINING RECLAMATION AND

2 ENFORCEMENT

3 REGULATION AND TECHNOLOGY

4 For necessary expenses to carry out the provisions 

5 of the Surface Mining Control and Reclamation Act of 

6 1977, Public Law 95–87, as amended, $127,180,000, to 

7 remain available until September 30, 2011: Provided, 

8 That appropriations for the Office of Surface Mining Rec9 lamation and Enforcement may provide for the travel and 

10 per diem expenses of State and tribal personnel attending 

11 Office of Surface Mining Reclamation and Enforcement 

12 sponsored training. 

13 ABANDONED MINE RECLAMATION FUND

14 For necessary expenses to carry out title IV of the 

15 Surface Mining Control and Reclamation Act of 1977, 

16 Public Law 95–87, as amended, $32,088,000, to be de17 rived from receipts of the Abandoned Mine Reclamation 

18 Fund and to remain available until expended: Provided, 

19 That pursuant to Public Law 97–365, the Department of 

20 the Interior is authorized to use up to 20 percent from 

21 the recovery of the delinquent debt owed to the United 

22 States Government to pay for contracts to collect these 

23 debts: Provided further, That amounts provided under this 

24 heading may be used for the travel and per diem expenses 

25 of State and tribal personnel attending Office of Surface 


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1 Mining Reclamation and Enforcement sponsored training: 

2 Provided further, That funds made available under title 

3 IV of Public Law 95–87 may be used for any required 

4 non-Federal share of the cost of projects funded by the 

5 Federal Government for the purpose of environmental res6 toration related to treatment or abatement of acid mine 

7 drainage from abandoned mines: Provided further, That 

8 such projects must be consistent with the purposes and 

9 priorities of the Surface Mining Control and Reclamation 

10 Act. 

11 ADMINISTRATIVE PROVISION

12 With funds available for the Technical Innovation 

13 and Professional Services program in this Act, the Sec14 retary may transfer title for computer hardware, software 

15 and other technical equipment to State and tribal regu16 latory and reclamation programs. 

17 BUREAU OF INDIAN AFFAIRS

18 OPERATION OF INDIAN PROGRAMS

19 (INCLUDING TRANSFER OF FUNDS)

20 For expenses necessary for the operation of Indian 

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

22 of November 2, 1921 (25 U.S.C. 13), the Indian Self-De23 termination and Education Assistance Act of 1975 (25 

24 U.S.C. 450 et seq.), as amended, the Education Amend25 ments of 1978 (25 U.S.C. 2001–2019), and the Tribally 


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

2 as amended, $2,300,099,000, to remain available until 

3 September 30, 2011 except as otherwise provided herein; 

4 of which not to exceed $8,500 may be for official reception 

5 and representation expenses; of which not to exceed 

6 $74,915,000 shall be for welfare assistance payments: 

7 Provided, That in cases of designated Federal disasters, 

8 the Secretary may exceed such cap, from the amounts pro9 vided herein, to provide for disaster relief to Indian com10 munities affected by the disaster; and of which, notwith11 standing any other provision of law, including but not lim12 ited to the Indian Self-Determination Act of 1975, as 

13 amended, not to exceed $159,084,000 shall be available 

14 for payments for contract support costs associated with 

15 ongoing contracts, grants, compacts, or annual funding 

16 agreements entered into with the Bureau prior to or dur17 ing fiscal year 2010, as authorized by such Act, except 

18 that federally recognized tribes, and tribal organizations 

19 of federally recognized tribes, may use their tribal priority 

20 allocations for unmet contract support costs of ongoing 

21 contracts, grants, or compacts, or annual funding agree22 ments and for unmet welfare assistance costs; of which 

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

24 Bureau-funded schools and other education programs 

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


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1 available until September 30, 2011; and of which not to 

2 exceed $59,895,000 shall remain available until expended 

3 for housing improvement, road maintenance, attorney 

4 fees, litigation support, the Indian Self-Determination 

5 Fund, land records improvement, and the Navajo-Hopi 

6 Settlement Program: Provided further, That notwith7 standing any other provision of law, including but not lim8 ited to the Indian Self-Determination Act of 1975, as 

9 amended, and 25 U.S.C. 2008, not to exceed $43,373,000 

10 within and only from such amounts made available for 

11 school operations shall be available for administrative cost 

12 grants associated with ongoing grants entered into with 

13 the Bureau prior to or during fiscal year 2009 for the 

14 operation of Bureau-funded schools, and up to $500,000 

15 within and only from such amounts made available for ad16 ministrative cost grants shall be available for the transi17 tional costs of initial administrative cost grants to grant18 ees that assume operation on or after July 1, 2009, of 

19 Bureau-funded schools: Provided further, That any for20 estry funds allocated to a federally recognized tribe which 

21 remain unobligated as of September 30, 2011, may be 

22 transferred during fiscal year 2012 to an Indian forest 

23 land assistance account established for the benefit of the 

24 holder of the funds within the holder’s trust fund account: 

25 Provided further, That any such unobligated balances not 


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1 so transferred shall expire on September 30, 2012: Pro2 vided further, That in order to enhance the safety of Bu3 reau field employees, the Bureau may use funds to pur4 chase uniforms or other identifying articles of clothing for 

5 personnel. 

6 CONSTRUCTION

7 (INCLUDING TRANSFER OF FUNDS)

8 For construction, repair, improvement, and mainte9 nance of irrigation and power systems, buildings, utilities, 

10 and other facilities, including architectural and engineer11 ing services by contract; acquisition of lands, and interests 

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

13 construction of the Navajo Indian Irrigation Project pur14 suant to Public Law 87–483, $200,000,000, to remain 

15 available until expended: Provided, That such amounts as 

16 may be available for the construction of the Navajo Indian 

17 Irrigation Project may be transferred to the Bureau of 

18 Reclamation: Provided further, That not to exceed 6 per19 cent of contract authority available to the Bureau of In20 dian Affairs from the Federal Highway Trust Fund may 

21 be used to cover the road program management costs of 

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

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

24 shall be made available on a nonreimbursable basis: Pro25 vided further, That for fiscal year 2010, in implementing 


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1 new construction or facilities improvement and repair 

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

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

4 Secretary of the Interior shall use the Administrative and 

5 Audit Requirements and Cost Principles for Assistance 

6 Programs contained in 43 CFR part 12 as the regulatory 

7 requirements: Provided further, That such grants shall not 

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

9 the grantee shall negotiate and determine a schedule of 

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

11 That in considering grant applications, the Secretary shall 

12 consider whether such grantee would be deficient in assur13 ing that the construction projects conform to applicable 

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

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

16 2005(b), with respect to organizational and financial man17 agement capabilities: Provided further, That if the Sec18 retary declines a grant application, the Secretary shall fol19 low the requirements contained in 25 U.S.C. 2504(f): Pro20 vided further, That any disputes between the Secretary 

21 and any grantee concerning a grant shall be subject to 

22 the disputes provision in 25 U.S.C. 2507(e): Provided fur23 ther, That in order to ensure timely completion of con24 struction projects, the Secretary may assume control of 

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


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

2 grantee receiving funds appropriated in this Act or in any 

3 prior Act, has not completed the planning and design 

4 phase of the project and commenced construction: Pro5 vided further, That this appropriation may be reimbursed 

6 from the Office of the Special Trustee for American Indi7 ans appropriation for the appropriate share of construc8 tion costs for space expansion needed in agency offices to 

9 meet trust reform implementation. 

10 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

11 MISCELLANEOUS PAYMENTS TO INDIANS

12 For payments and necessary administrative expenses 

13 for implementation of Indian land and water claim settle14 ments pursuant to Public Laws 99–264, 100–580, 101– 

15 618, 108–447, 109–379, 109–479, 110–297, and 111–11, 

16 and for implementation of other land and water rights set17 tlements, $47,380,000, to remain available until expended. 

18 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

19 For the cost of guaranteed loans and insured loans, 

20 $8,215,000, of which $1,629,000 is for administrative ex21 penses, as authorized by the Indian Financing Act of 

22 1974, as amended: Provided, That such costs, including 

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

24 section 502 of the Congressional Budget Act of 1974: Pro25 vided further, That these funds are available to subsidize 


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

2 or insured, not to exceed $93,807,956. 

3 INDIAN LAND CONSOLIDATION

4 For consolidation of fractional interests in Indian 

5 lands and expenses associated with redetermining and re6 distributing escheated interests in allotted lands, and for 

7 necessary expenses to carry out the Indian Land Consoli8 dation Act (25 U.S.C. 2201 et seq.), as amended, by direct 

9 expenditure or cooperative agreement, $3,000,000, to re10 main available until expended. 

11 ADMINISTRATIVE PROVISIONS

12 The Bureau of Indian Affairs may carry out the oper13 ation of Indian programs by direct expenditure, contracts, 

14 cooperative agreements, compacts and grants, either di15 rectly or in cooperation with States and other organiza16 tions. 

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

18 Affairs may contract for services in support of the man19 agement, operation, and maintenance of the Power Divi20 sion of the San Carlos Irrigation Project. 

21 Appropriations for the Bureau of Indian Affairs (ex22 cept the Revolving Fund for Loans Liquidating Account, 

23 Indian Loan Guaranty and Insurance Fund Liquidating 

24 Account, Indian Guaranteed Loan Financing Account, In25 dian Direct Loan Financing Account, and the Indian 


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1 Guaranteed Loan Program Account) shall be available for 

2 expenses of exhibits. 

3 Notwithstanding any other provision of law, no funds 

4 available to the Bureau of Indian Affairs for central office 

5 oversight and Executive Direction and Administrative 

6 Services (except executive direction and administrative 

7 services funding for Tribal Priority Allocations, regional 

8 offices, and facilities operations and maintenance) shall be 

9 available for contracts, grants, compacts, or cooperative 

10 agreements with the Bureau of Indian Affairs under the 

11 provisions of the Indian Self-Determination Act or the 

12 Tribal Self-Governance Act of 1994 (Public Law 103– 

13 413). 

14 In the event any federally recognized tribe returns ap15 propriations made available by this Act to the Bureau of 

16 Indian Affairs, this action shall not diminish the Federal 

17 Government’s trust responsibility to that tribe, or the gov18 ernment-to-government relationship between the United 

19 States and that tribe, or that tribe’s ability to access fu20 ture appropriations. 

21 Notwithstanding any other provision of law, no funds 

22 available to the Bureau, other than the amounts provided 

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

24 452 et seq., shall be available to support the operation of 

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


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1 Appropriations made available in this or any other 

2 Act for schools funded by the Bureau shall be available 

3 only to the schools in the Bureau school system as of Sep4 tember 1, 1996. No funds available to the Bureau shall 

5 be used to support expanded grades for any school or dor6 mitory beyond the grade structure in place or approved 

7 by the Secretary of the Interior at each school in the Bu8 reau school system as of October 1, 1995. Funds made 

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

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

11 is defined in section 1146 of the Education Amendments 

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

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

14 Act and that has operated at a Bureau-funded school be15 fore September 1, 1999, may continue to operate during 

16 that period, but only if the charter school pays to the Bu17 reau a pro rata share of funds to reimburse the Bureau 

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

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

20 separate and apart from Bureau funds, and the Bureau 

21 does not assume any obligation for charter school pro22 grams of the State in which the school is located if the 

23 charter school loses such funding. Employees of Bureau24 funded schools sharing a campus with a charter school and 

25 performing functions related to the charter schools operVerDate Nov 24 2008 02:13 Sep 26, 2009 Jkt 079200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6401 E:\BILLS\H2996.PP H2996

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1 ation and employees of a charter school shall not be treat2 ed as Federal employees for purposes of chapter 171 of 

3 title 28, United States Code. 

4 Notwithstanding any other provision of law, including 

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

6 113, if in fiscal year 2003 or 2004 a grantee received indi7 rect and administrative costs pursuant to a distribution 

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

9 Secretary shall continue to distribute indirect and admin10 istrative cost funds to such grantee using the section 5(f) 

11 distribution formula. 

12 DEPARTMENTAL OFFICES

13 OFFICE OF THE SECRETARY

14 SALARIES AND EXPENSES

15 For necessary expenses for management of the De16 partment of the Interior, $118,836,000; of which 

17 $12,136,000 for consolidated appraisal services is to be 

18 derived from the Land and Water Conservation Fund and 

19 shall remain available until expended; of which not to ex20 ceed $15,000 may be for official reception and representa21 tion expenses; and of which up to $1,000,000 shall be 

22 available for workers compensation payments and unem23 ployment compensation payments associated with the or24 derly closure of the United States Bureau of Mines: Pro25 vided, That for fiscal year 2010 up to $400,000 of the 


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1 payments authorized by the Act of October 20, 1976, as 

2 amended (31 U.S.C. 6901–6907) may be retained for ad3 ministrative expenses of the Payments in Lieu of Taxes 

4 Program: Provided further, That no payment shall be 

5 made pursuant to that Act to otherwise eligible units of 

6 local government if the computed amount of the payment 

7 is less than $100. 

8 INSULAR AFFAIRS

9 ASSISTANCE TO TERRITORIES

10 For expenses necessary for assistance to territories 

11 under the jurisdiction of the Department of the Interior, 

12 $83,995,000, of which: (1) $74,715,000 shall remain 

13 available until expended for technical assistance, including 

14 maintenance assistance, disaster assistance, insular man15 agement controls, coral reef initiative activities, and brown 

16 tree snake control and research; grants to the judiciary 

17 in American Samoa for compensation and expenses, as au18 thorized by law (48 U.S.C. 1661(c)); grants to the Govern19 ment of American Samoa, in addition to current local rev20 enues, for construction and support of governmental func21 tions; grants to the Government of the Virgin Islands as 

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

23 as authorized by law; and grants to the Government of 

24 the Northern Mariana Islands as authorized by law (Pub25 lic Law 94–241; 90 Stat. 272); and (2) $9,280,000 shall 


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1 be available until September 30, 2011 for salaries and ex2 penses of the Office of Insular Affairs: Provided, That all 

3 financial transactions of the territorial and local govern4 ments herein provided for, including such transactions of 

5 all agencies or instrumentalities established or used by 

6 such governments, may be audited by the Government Ac7 countability Office, at its discretion, in accordance with 

8 chapter 35 of title 31, United States Code: Provided fur9 ther, That Northern Mariana Islands Covenant grant 

10 funding shall be provided according to those terms of the 

11 Agreement of the Special Representatives on Future 

12 United States Financial Assistance for the Northern Mar13 iana Islands approved by Public Law 104–134: Provided 

14 further, That of the amounts provided for technical assist15 ance, sufficient funds shall be made available for a grant 

16 to the Pacific Basin Development Council: Provided fur17 ther, That of the amounts provided for technical assist18 ance, sufficient funding shall be made available for a grant 

19 to the Close Up Foundation: Provided further, That the 

20 funds for the program of operations and maintenance im21 provement are appropriated to institutionalize routine op22 erations and maintenance improvement of capital infra23 structure with territorial participation and cost sharing to 

24 be determined by the Secretary based on the grantee’s 

25 commitment to timely maintenance of its capital assets: 


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1 Provided further, That any appropriation for disaster as2 sistance under this heading in this Act or previous appro3 priations Acts may be used as non-Federal matching 

4 funds for the purpose of hazard mitigation grants provided 

5 pursuant to section 404 of the Robert T. Stafford Disaster 

6 Relief and Emergency Assistance Act (42 U.S.C. 5170c). 

7 COMPACT OF FREE ASSOCIATION

8 For grants and necessary expenses, $5,318,000, to 

9 remain available until expended, as provided for in sec10 tions 221(a)(2), 221(b), and 233 of the Compact of Free 

11 Association for the Republic of Palau; and section 

12 221(a)(2) of the Compacts of Free Association for the 

13 Government of the Republic of the Marshall Islands and 

14 the Federated States of Micronesia, as authorized by Pub15 lic Law 99–658 and Public Law 108–188. 

16 ADMINISTRATIVE PROVISIONS

17 (INCLUDING TRANSFER OF FUNDS)

18 At the request of the Governor of Guam, the Sec19 retary may transfer discretionary funds or mandatory 

20 funds provided under section 104(e) of Public Law 108– 

21 188 and Public Law 104–134, that are allocated for 

22 Guam, to the Secretary of Agriculture for the subsidy cost 

23 of direct or guaranteed loans, plus not to exceed three per24 cent of the amount of the subsidy transferred for the cost 

25 of loan administration, for the purposes authorized by the 


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1 Rural Electrification Act of 1936 and section 306(a)(1) 

2 of the Consolidated Farm and Rural Development Act for 

3 construction and repair projects in Guam, and such funds 

4 shall remain available until expended: Provided, That such 

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

6 as defined in section 502 of the Congressional Budget Act 

7 of 1974: Provided further, That such loans or loan guaran8 tees may be made without regard to the population of the 

9 area, credit elsewhere requirements, and restrictions on 

10 the types of eligible entities under the Rural Electrifica11 tion Act of 1936 and section 306(a)(1) of the Consolidated 

12 Farm and Rural Development Act: Provided further, That 

13 any funds transferred to the Secretary of Agriculture shall 

14 be in addition to funds otherwise made available to make 

15 or guarantee loans under such authorities. 

16 OFFICE OF THE SOLICITOR

17 SALARIES AND EXPENSES

18 For necessary expenses of the Office of the Solicitor, 

19 $65,076,000. 

20 OFFICE OF INSPECTOR GENERAL

21 SALARIES AND EXPENSES

22 For necessary expenses of the Office of Inspector 

23 General, $48,590,000. 


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1 OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN

2 INDIANS

3 FEDERAL TRUST PROGRAMS

4 (INCLUDING TRANSFER OF FUNDS)

5 For the operation of trust programs for Indians by 

6 direct expenditure, contracts, cooperative agreements, 

7 compacts, and grants, $185,984,000, to remain available 

8 until expended, of which not to exceed $56,536,000 from 

9 this or any other Act, shall be available for historical ac10 counting: Provided, That funds for trust management im11 provements and litigation support may, as needed, be 

12 transferred to or merged with the Bureau of Indian Af13 fairs, ‘‘Operation of Indian Programs’’ account; the Office 

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

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

16 Provided further, That funds made available through con17 tracts or grants obligated during fiscal year 2010, as au18 thorized by the Indian Self-Determination Act of 1975 (25 

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

20 by the contractor or grantee: Provided further, That, not21 withstanding any other provision of law, the statute of lim22 itations shall not commence to run on any claim, including 

23 any claim in litigation pending on the date of the enact24 ment of this Act, concerning losses to or mismanagement 

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


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1 has been furnished with an accounting of such funds from 

2 which the beneficiary can determine whether there has 

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

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

5 to provide a quarterly statement of performance for any 

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

7 18 months and has a balance of $15.00 or less: Provided 

8 further, That the Secretary shall issue an annual account 

9 statement and maintain a record of any such accounts and 

10 shall permit the balance in each such account to be with11 drawn upon the express written request of the account 

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

13 available for the Secretary to make payments to correct 

14 administrative errors of either disbursements from or de15 posits to Individual Indian Money or Tribal accounts after 

16 September 30, 2002: Provided further, That erroneous 

17 payments that are recovered shall be credited to and re18 main available in this account for this purpose. 

19 DEPARTMENT-WIDE PROGRAMS

20 WILDLAND FIRE MANAGEMENT

21 (INCLUDING TRANSFERS OF FUNDS)

22 For necessary expenses for fire preparedness, sup23 pression operations, fire science and research, emergency 

24 rehabilitation, hazardous fuels reduction, and rural fire as25 sistance by the Department of the Interior, $932,780,000, 


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

2 $6,137,000 shall be for the renovation or construction of 

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

4 for repayment of advances to other appropriation accounts 

5 from which funds were previously transferred for such 

6 purposes: Provided further, That persons hired pursuant 

7 to 43 U.S.C. 1469 may be furnished subsistence and lodg8 ing without cost from funds available from this appropria9 tion: Provided further, That notwithstanding 42 U.S.C. 

10 1856d, sums received by a bureau or office of the Depart11 ment of the Interior for fire protection rendered pursuant 

12 to 42 U.S.C. 1856 et seq., protection of United States 

13 property, may be credited to the appropriation from which 

14 funds were expended to provide that protection, and are 

15 available without fiscal year limitation: Provided further, 

16 That using the amounts designated under this title of this 

17 Act, the Secretary of the Interior may enter into procure18 ment contracts, grants, or cooperative agreements, for 

19 hazardous fuels reduction activities, and for training and 

20 monitoring associated with such hazardous fuels reduction 

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

22 land for activities that benefit resources on Federal land: 

23 Provided further, That the costs of implementing any co24 operative agreement between the Federal Government and 

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


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1 on by the affected parties: Provided further, That notwith2 standing requirements of the Competition in Contracting 

3 Act, the Secretary, for purposes of hazardous fuels reduc4 tion activities, may obtain maximum practicable competi5 tion among: (1) local private, nonprofit, or cooperative en6 tities; (2) Youth Conservation Corps crews, Public Lands 

7 Corps (Public Law 109–154), or related partnerships with 

8 State, local, or non-profit youth groups; (3) small or 

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

10 train locally a significant percentage, defined as 50 per11 cent or more, of the project workforce to complete such 

12 contracts: Provided further, That in implementing this sec13 tion, the Secretary shall develop written guidance to field 

14 units to ensure accountability and consistent application 

15 of the authorities provided herein: Provided further, That 

16 funds appropriated under this head may be used to reim17 burse the United States Fish and Wildlife Service and the 

18 National Marine Fisheries Service for the costs of carrying 

19 out their responsibilities under the Endangered Species 

20 Act of 1973 (16 U.S.C. 1531 et seq.) to consult and con21 ference, as required by section 7 of such Act, in connection 

22 with wildland fire management activities: Provided further, 

23 That the Secretary of the Interior may use wildland fire 

24 appropriations to enter into non-competitive sole source 

25 leases of real property with local governments, at or below 


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1 fair market value, to construct capitalized improvements 

2 for fire facilities on such leased properties, including but 

3 not limited to fire guard stations, retardant stations, and 

4 other initial attack and fire support facilities, and to make 

5 advance payments for any such lease or for construction 

6 activity associated with the lease: Provided further, That 

7 the Secretary of the Interior and the Secretary of Agri8 culture may authorize the transfer of funds appropriated 

9 for wildland fire management, in an aggregate amount not 

10 to exceed $50,000,000, between the Departments when 

11 such transfers would facilitate and expedite jointly funded 

12 wildland fire management programs and projects. 

13 WILDLAND FIRE SUPPRESSION CONTINGENCY RESERVE

14 FUND

15 (INCLUDING TRANSFER OF FUNDS)

16 For necessary expenses for transfer to ‘‘Wildland 

17 Fire Management’’ for fire suppression operations of the 

18 Department of the Interior, $75,000,000, to remain avail19 able until expended: Provided, That amounts in this para20 graph may be transferred and expended only if all funds 

21 appropriated for fire suppression operations under the 

22 heading ‘‘Wildland Fire Management’’ shall be fully obli23 gated within 30 days: Provided further, That amounts are 

24 available only to the extent the President has issued a 


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1 finding that the amounts are necessary for emergency fire 

2 suppression operations. 

3 CENTRAL HAZARDOUS MATERIALS FUND

4 For necessary expenses of the Department of the In5 terior and any of its component offices and bureaus for 

6 response action, including associated activities, performed 

7 pursuant to the Comprehensive Environmental Response, 

8 Compensation, and Liability Act of 1980, as amended (42 

9 U.S.C. 9601 et seq.), $10,175,000, to remain available 

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

11 Stat. 2116) under the heading ‘‘Central Hazardous Mate12 rials Fund’’ is amended by striking ‘‘in advance of or as 

13 reimbursement for remedial action or response activities 

14 conducted by the Department pursuant to section 107 or 

15 113(f) of such Act’’ and inserting in lieu thereof ‘‘includ16 ing any fines or penalties’’. 

17 NATURAL RESOURCE DAMAGE ASSESSMENT AND

18 RESTORATION

19 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

20 To conduct natural resource damage assessment and 

21 restoration activities by the Department of the Interior 

22 necessary to carry out the provisions of the Comprehensive 

23 Environmental Response, Compensation, and Liability 

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

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


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

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

3 19jj et seq.), $6,462,000, to remain available until ex4 pended. 

5 WORKING CAPITAL FUND

6 For the acquisition of a departmental financial and 

7 business management system and information technology 

8 improvements of general benefit to the Department, 

9 $85,823,000 (reduced by $10,000,000), to remain avail10 able until expended: Provided, That none of the funds in 

11 this Act or previous appropriations Acts may be used to 

12 establish reserves in the Working Capital Fund account 

13 other than for accrued annual leave and depreciation of 

14 equipment without prior approval of the House and Senate 

15 Committees on Appropriations: Provided further, That the 

16 Secretary may assess reasonable charges to State, local, 

17 and tribal government employees for training services pro18 vided by the National Indian Program Training Center, 

19 other than training related to Public Law 93–638: Pro20 vided further, That the Secretary may lease or otherwise 

21 provide space and related facilities, equipment or profes22 sional services of the National Indian Program Training 

23 Center to State, local, and tribal government employees 

24 or persons or organizations engaged in cultural, edu25 cational, or recreational activities (as defined in 40 U.S.C. 


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1 3306(a)) at the prevailing rate for similar space, facilities, 

2 equipment, or services in the vicinity of the National In3 dian Program Training Center: Provided further, That all 

4 funds received pursuant to the two preceding provisos 

5 shall be credited to this account, shall be available until 

6 expended, and shall be used by the Secretary for necessary 

7 expenses of the National Indian Program Training Center. 

8 ADMINISTRATIVE PROVISIONS

9 There is hereby authorized for acquisition from avail10 able resources within the Working Capital Fund, 15 air11 craft, 10 of which shall be for replacement and which may 

12 be obtained by donation, purchase or through available ex13 cess surplus property: Provided, That existing aircraft 

14 being replaced may be sold, with proceeds derived or 

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

16 replacement aircraft. 

17 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

18 (INCLUDING TRANSFERS OF FUNDS)

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

20 available for expenditure or transfer (within each bureau 

21 or office), with the approval of the Secretary, for the emer22 gency reconstruction, replacement, or repair of aircraft, 

23 buildings, utilities, or other facilities or equipment dam24 aged or destroyed by fire, flood, storm, or other unavoid25 able causes: Provided, That no funds shall be made availVerDate Nov 24 2008 02:13 Sep 26, 2009 Jkt 079200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6401 E:\BILLS\H2996.PP H2996

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1 able under this authority until funds specifically made 

2 available to the Department of the Interior for emer3 gencies shall have been exhausted: Provided further, That 

4 all funds used pursuant to this section must be replenished 

5 by a supplemental appropriation which must be requested 

6 as promptly as possible. 

7 SEC. 102. The Secretary may authorize the expendi8 ture or transfer of any no year appropriation in this title, 

9 in addition to the amounts included in the budget pro10 grams of the several agencies, for the suppression or emer11 gency prevention of wildland fires on or threatening lands 

12 under the jurisdiction of the Department of the Interior; 

13 for the emergency rehabilitation of burned-over lands 

14 under its jurisdiction; for emergency actions related to po15 tential or actual earthquakes, floods, volcanoes, storms, or 

16 other unavoidable causes; for contingency planning subse17 quent to actual oil spills; for response and natural resource 

18 damage assessment activities related to actual oil spills; 

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

20 potential grasshopper and Mormon cricket outbreaks on 

21 lands under the jurisdiction of the Secretary, pursuant to 

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

23 (99 Stat. 1658); for emergency reclamation projects under 

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

25 any no year funds available to the Office of Surface MinVerDate Nov 24 2008 02:13 Sep 26, 2009 Jkt 079200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6401 E:\BILLS\H2996.PP H2996

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1 ing Reclamation and Enforcement, such funds as may be 

2 necessary to permit assumption of regulatory authority in 

3 the event a primacy State is not carrying out the regu4 latory provisions of the Surface Mining Act: Provided, 

5 That appropriations made in this title for wildland fire 

6 operations and shall be available for the payment of obli7 gations incurred during the preceding fiscal year, and for 

8 reimbursement to other Federal agencies for destruction 

9 of vehicles, aircraft, or other equipment in connection with 

10 their use for wildland fire operations, such reimbursement 

11 to be credited to appropriations currently available at the 

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

13 fire operations, no funds shall be made available under 

14 this authority until the Secretary determines that funds 

15 appropriated for ‘‘wildland fire operations’’ and ‘‘Wildland 

16 Fire Suppression Contingency Reserve Fund’’ shall be ex17 hausted within 30 days: Provided further, That all funds 

18 used pursuant to this section must be replenished by a 

19 supplemental appropriation which must be requested as 

20 promptly as possible: Provided further, That such replen21 ishment funds shall be used to reimburse, on a pro rata 

22 basis, accounts from which emergency funds were trans23 ferred. 

24 SEC. 103. Appropriations made to the Department 

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


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

2 Secretary, in total amount not to exceed $500,000; pur3 chase and replacement of motor vehicles, including spe4 cially equipped law enforcement vehicles; hire, mainte5 nance, and operation of aircraft; hire of passenger motor 

6 vehicles; purchase of reprints; payment for telephone serv7 ice in private residences in the field, when authorized 

8 under regulations approved by the Secretary; and the pay9 ment of dues, when authorized by the Secretary, for li10 brary membership in societies or associations which issue 

11 publications to members only or at a price to members 

12 lower than to subscribers who are not members. 

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

14 headings Bureau of Indian Affairs and Office of the Spe15 cial Trustee for American Indians and any unobligated 

16 balances from prior appropriations Acts made under the 

17 same headings shall be available for expenditure or trans18 fer for Indian trust management and reform activities. 

19 Total funding for historical accounting activities shall not 

20 exceed amounts specifically designated in this Act for such 

21 purpose. 

22 SEC. 105. Notwithstanding any other provision of 

23 law, the Secretary of the Interior is authorized to redis24 tribute any Tribal Priority Allocation funds, including 

25 tribal base funds, to alleviate tribal funding inequities by 


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1 transferring funds to address identified, unmet needs, 

2 dual enrollment, overlapping service areas or inaccurate 

3 distribution methodologies. No federally recognized tribe 

4 shall receive a reduction in Tribal Priority Allocation 

5 funds of more than 10 percent in fiscal year 2010. Under 

6 circumstances of dual enrollment, overlapping service 

7 areas or inaccurate distribution methodologies, the 10 per8 cent limitation does not apply. 

9 SEC. 106. Notwithstanding any other provision of 

10 law, in conveying the Twin Cities Research Center under 

11 the authority provided by Public Law 104–134, as amend12 ed by Public Law 104–208, the Secretary may accept and 

13 retain land and other forms of reimbursement: Provided, 

14 That the Secretary may retain and use any such reim15 bursement until expended and without further appropria16 tion: (1) for the benefit of the National Wildlife Refuge 

17 System within the State of Minnesota; and (2) for all ac18 tivities authorized by 16 U.S.C. 460zz. 

19 SEC. 107. The Secretary of the Interior may use dis20 cretionary funds to pay private attorney fees and costs for 

21 employees and former employees of the Department of the 

22 Interior reasonably incurred in connection with Cobell v. 

23 Salazar to the extent that such fees and costs are not paid 

24 by the Department of Justice or by private insurance. In 

25 no case shall the Secretary make payments under this secVerDate Nov 24 2008 02:13 Sep 26, 2009 Jkt 079200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6401 E:\BILLS\H2996.PP H2996

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1 tion that would result in payment of hourly fees in excess 

2 of the highest hourly rate approved by the District Court 

3 for the District of Columbia for counsel in Cobell v. 

4 Salazar. 

5 SEC. 108. The United States Fish and Wildlife Serv6 ice shall, in carrying out its responsibilities to protect 

7 threatened and endangered species of salmon, implement 

8 a system of mass marking of salmonid stocks, intended 

9 for harvest, that are released from federally operated or 

10 federally financed hatcheries including but not limited to 

11 fish releases of coho, chinook, and steelhead species. 

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

13 identified by commercial and recreational fishers. 

14 SEC. 109. Notwithstanding any other provision of 

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

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

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

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

19 of operating and maintaining facilities in the support of 

20 transportation and accommodation of visitors to Ellis, 

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

22 administrative activities, by donation or with appropriated 

23 funds, including franchise fees (and other monetary con24 sideration), or by exchange; and the Secretary is author25 ized to negotiate and enter into leases, subleases, concesVerDate Nov 24 2008 02:13 Sep 26, 2009 Jkt 079200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6401 E:\BILLS\H2996.PP H2996

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1 sion contracts or other agreements for the use of such fa2 cilities on such terms and conditions as the Secretary may 

3 determine reasonable. 

4 SEC. 110. Title 43 U.S.C. 1473, as amended by Pub5 lic Law 111–8, is further amended by striking ‘‘in fiscal 

6 years 2008 and 2009 only’’ and inserting ‘‘in fiscal years 

7 2010 through 2013’’. 

8 SEC. 111. The Secretary of the Interior may enter 

9 into cooperative agreements with a State or political sub10 division (including any agency thereof), or any not-for11 profit organization if the agreement will: (1) serve a mu12 tual interest of the parties to the agreement in carrying 

13 out the programs administered by the Department of the 

14 Interior; and (2) all parties will contribute resources to 

15 the accomplishment of these objectives. At the discretion 

16 of the Secretary, such agreements shall not be subject to 

17 a competitive process. 

18 SEC. 112. Funds provided in this Act for Federal 

19 land acquisition by the National Park Service for Ice Age 

20 National Scenic Trail may be used for a grant to a State, 

21 a local government, or any other land management entity 

22 for the acquisition of lands without regard to any restric23 tion on the use of Federal land acquisition funds provided 

24 through the Land and Water Conservation Fund Act of 

25 1965 as amended. 


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1 SEC. 113. Notwithstanding any other provision of 

2 law, for fiscal year 2010 and each fiscal year thereafter, 

3 sections 109 and 110 of the Federal Oil and Gas Royalty 

4 Management Act (30 U.S.C. 1719 and 1720) shall apply 

5 to any lease authorizing exploration for or development of 

6 coal, any other solid mineral, or any geothermal resource 

7 on any Federal or Indian lands and any lease, easement, 

8 right of way, or other agreement, regardless of form, for 

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

10 under section 8(k) or 8(p) of the Outer Continental Shelf 

11 Lands Act (43 U.S.C. 1337(k) and 1337(p)) to the same 

12 extent as if such lease, easement, right of way, or other 

13 agreement, regardless of form, were an oil and gas lease, 

14 except that in such cases the term ‘‘royalty payment’’ shall 

15 include any payment required by such lease, easement, 

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

17 by applicable regulation. 

18 SEC. 114. (a) In fiscal year 2010, the Minerals Man19 agement Service (MMS) shall collect a non-refundable in20 spection fee, which shall be deposited in the ‘‘Royalty and 

21 Offshore Minerals Management’’ account, from the des22 ignated operator for facilities subject to inspection by 

23 MMS under 43 U.S.C. 1348(c) that are above the water24 line, except mobile offshore drilling units, and are in place 

25 at the start of fiscal year 2010. 


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1 (b) Fees for 2010 shall be— 

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

3 processing equipment or gathering lines; 

4 (2) $3,250 for facilities with one to ten wells, 

5 with any combination of active or inactive wells; and 

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

7 wells, with any combination of active or inactive 

8 wells. 

9 (c) MMS will bill designated operators within 60 days 

10 of enactment of this bill, with payment required within 

11 30 days of billing. 

12 SEC. 115. Section 4 of Public Law 89–565, as 

13 amended (16 U.S.C. 282c), relating to San Juan Island 

14 National Historic Park, is amended by striking 

15 ‘‘$5,575,000’’ and inserting ‘‘$13,575,000’’. 

16 SEC. 116. Section 1(c)(2) of Public Law 109–441 is 

17 amended by adding after subparagraph (D) the following 

18 new subparagraphs: 

19 ‘‘(E) Minidoka, depicted in a map entitled 

20 ‘Minidoka National Historic Site and Environs 

21 - Draft Document’, dated May 27, 2009. The 

22 Secretary is authorized to accept a donation of 

23 land or interest in land acquired with funds 

24 provided under this section, as an addition to 

25 the Minidoka National Historic Site and adminVerDate Nov 24 2008 02:13 Sep 26, 2009 Jkt 079200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6401 E:\BILLS\H2996.PP H2996

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1 istered in accordance with section 313(c)(5) of 

2 Public Law 110–229. 

3 ‘‘(F) Heart Mountain, depicted in Figure 

4 6.3 of the Site Document.’’. 

5 TITLE II—ENVIRONMENTAL PROTECTION 

6 AGENCY 

7 SCIENCE AND TECHNOLOGY

8 For science and technology, including research and 

9 development activities, which shall include research and 

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

12 1980, as amended; necessary expenses for personnel and 

13 related costs and travel expenses; procurement of labora14 tory equipment and supplies; and other operating expenses 

15 in support of research and development, $849,649,000, to 

16 remain available until September 30, 2011. 

17 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

18 For environmental programs and management, in19 cluding necessary expenses, not otherwise provided for, for 

20 personnel and related costs and travel expenses; hire of 

21 passenger motor vehicles; hire, maintenance, and oper22 ation of aircraft; purchase of reprints; library member23 ships in societies or associations which issue publications 

24 to members only or at a price to members lower than to 

25 subscribers who are not members; administrative costs of 


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1 the brownfields program under the Small Business Liabil2 ity Relief and Brownfields Revitalization Act of 2002; and 

3 not to exceed $9,000 for official reception and representa4 tion expenses, $3,022,054,000, to remain available until 

5 September 30, 2011: Provided, That of the funds included 

6 under this heading, not less than $628,941,000 shall be 

7 for the Geographic Programs specified in the explanatory 

8 statement accompanying this Act. 

9 OFFICE OF INSPECTOR GENERAL

10 For necessary expenses of the Office of Inspector 

11 General in carrying out the provisions of the Inspector 

12 General Act of 1978, as amended, $44,791,000, to remain 

13 available until September 30, 2011. 

14 BUILDINGS AND FACILITIES

15 For construction, repair, improvement, extension, al16 teration, and purchase of fixed equipment or facilities of, 

17 or for use by, the Environmental Protection Agency, 

18 $35,001,000 (reduced by $2,000,000), to remain available 

19 until expended. 

20 HAZARDOUS SUBSTANCE SUPERFUND

21 (INCLUDING TRANSFERS OF FUNDS)

22 For necessary expenses to carry out the Comprehen23 sive Environmental Response, Compensation, and Liabil24 ity Act of 1980 (CERCLA), as amended, including sec25 tions 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 


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1 9611) $1,306,541,000, to remain available until expended, 

2 consisting of such sums as are available in the Trust Fund 

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

4 of the Superfund Amendments and Reauthorization Act 

5 of 1986 (SARA) and up to $1,306,541,000 as a payment 

6 from general revenues to the Hazardous Substance Super7 fund for purposes as authorized by section 517(b) of 

8 SARA, as amended: Provided, That funds appropriated 

9 under this heading may be allocated to other Federal 

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

11 Provided further, That of the funds appropriated under 

12 this heading, $9,975,000 shall be paid to the ‘‘Office of 

13 Inspector General’’ appropriation to remain available until 

14 September 30, 2011, and $26,834,000 shall be paid to the 

15 ‘‘Science and Technology’’ appropriation to remain avail16 able until September 30, 2011. 

17 LEAKING UNDERGROUND STORAGE TANK TRUST FUND

18 PROGRAM

19 For necessary expenses to carry out leaking under20 ground storage tank cleanup activities authorized by sub21 title I of the Solid Waste Disposal Act, as amended, 

22 $113,101,000, to remain available until expended, of 

23 which $78,671,000 shall be for carrying out leaking un24 derground storage tank cleanup activities authorized by 

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


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1 amended; $34,430,000 shall be for carrying out the other 

2 provisions of the Solid Waste Disposal Act specified in sec3 tion 9508(c) of the Internal Revenue Code, as amended: 

4 Provided, That the Administrator is authorized to use ap5 propriations made available under this heading to imple6 ment section 9013 of the Solid Waste Disposal Act to pro7 vide financial assistance to federally recognized Indian 

8 tribes for the development and implementation of pro9 grams to manage underground storage tanks. 

10 OIL SPILL RESPONSE

11 For expenses necessary to carry out the Environ12 mental Protection Agency’s responsibilities under the Oil 

13 Pollution Act of 1990, $18,379,000, to be derived from 

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

15 expended. 

16 STATE AND TRIBAL ASSISTANCE GRANTS

17 For environmental programs and infrastructure as18 sistance, including capitalization grants for State revolv19 ing funds and performance partnership grants, 

20 $5,215,446,000, to remain available until expended, of 

21 which $2,307,000,000 shall be for making capitalization 

22 grants for the Clean Water State Revolving Funds under 

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

24 amended (the ‘‘Act’’); of which $1,443,000,000 shall be 

25 for making capitalization grants for the Drinking Water 


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1 State Revolving Funds under section 1452 of the Safe 

2 Drinking Water Act, as amended: Provided, That 

3 $20,000,000 shall be for architectural, engineering, plan4 ning, design, construction and related activities in connec5 tion with the construction of high priority water and 

6 wastewater facilities in the area of the United States-Mex7 ico border, after consultation with the appropriate border 

8 commission; $10,000,000 shall be for grants to the State 

9 of Alaska to address drinking water and wastewater infra10 structure needs of rural and Alaska Native Villages: Pro11 vided further, That, of these funds: (1) the State of Alaska 

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

13 5 percent of the funds may be used for administrative and 

14 overhead expenses; $160,000,000 shall be for making spe15 cial project grants for the construction of drinking water, 

16 wastewater and storm water infrastructure and for water 

17 quality protection in accordance with the terms and condi18 tions specified for such grants in the explanatory state19 ment accompanying this Act, and, for purposes of these 

20 grants, each grantee shall contribute not less than 45 per21 cent of the cost of the project unless the grantee is ap22 proved for a waiver by the Agency; $100,000,000 shall be 

23 to carry out section 104(k) of the Comprehensive Environ24 mental Response, Compensation, and Liability Act of 

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1 agency agreements, and associated program support costs; 

2 $60,000,000 shall be for grants under title VII, subtitle 

3 G of the Energy Policy Act of 2005, as amended; and 

4 $1,115,446,000 shall be for grants, including associated 

5 program support costs, to States, federally recognized 

6 tribes, interstate agencies, tribal consortia, and air pollu7 tion control agencies for multi-media or single media pol8 lution prevention, control and abatement and related ac9 tivities, including activities pursuant to the provisions set 

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

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

12 particulate matter monitoring and data collection activi13 ties subject to terms and conditions specified by the Ad14 ministrator, of which $49,495,000 shall be for carrying 

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

16 shall be for Environmental Information Exchange Net17 work grants, including associated program support costs, 

18 $18,500,000 of the funds available for grants under sec19 tion 106 of the Act shall be for water quality monitoring 

20 activities, $10,000,000 shall be for competitive grants to 

21 communities to develop plans and demonstrate and imple22 ment projects which reduce greenhouse gas emissions, 

23 and, in addition to funds appropriated under the heading 

24 ‘‘Leaking Underground Storage Tank Trust Fund Pro25 gram’’ to carry out the provisions of the Solid Waste DisVerDate Nov 24 2008 02:13 Sep 26, 2009 Jkt 079200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6401 E:\BILLS\H2996.PP H2996

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1 posal Act specified in section 9508(c) of the Internal Rev2 enue Code other than section 9003(h) of the Solid Waste 

3 Disposal Act, as amended, $2,500,000 shall be for grants 

4 to States under section 2007(f)(2) of the Solid Waste Dis5 posal Act, as amended: Provided further, That notwith6 standing section 603(d)(7) of the Federal Water Pollution 

7 Control Act, the limitation on the amounts in a State 

8 water pollution control revolving fund that may be used 

9 by a State to administer the fund shall not apply to 

10 amounts included as principal in loans made by such fund 

11 in fiscal year 2010 and prior years where such amounts 

12 represent costs of administering the fund to the extent 

13 that such amounts are or were deemed reasonable by the 

14 Administrator, accounted for separately from other assets 

15 in the fund, and used for eligible purposes of the fund, 

16 including administration: Provided further, That for fiscal 

17 year 2010, and notwithstanding section 518(f) of the Act, 

18 the Administrator is authorized to use the amounts appro19 priated for any fiscal year under section 319 of that Act 

20 to make grants to federally recognized Indian tribes pur21 suant to sections 319(h) and 518(e) of that Act: Provided 

22 further, That for fiscal year 2010, notwithstanding the 

23 limitation on amounts in section 518(c) of the Federal 

24 Water Pollution Control Act and section 1452(i) of the 

25 Safe Drinking Water Act, up to a total of 2 percent of 


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1 the funds appropriated for State Revolving Funds under 

2 such Acts may be reserved by the Administrator for grants 

3 under section 518(c) and section 1452(i) of such Acts: 

4 Provided further, That for fiscal year 2010, in addition 

5 to the amounts specified in section 205(c) of the Federal 

6 Water Pollution Control Act, up to 1.2486 percent of the 

7 funds appropriated for the Clean Water State Revolving 

8 Fund program under the Act may be reserved by the Ad9 ministrator for grants made under title II of the Clean 

10 Water Act for American Samoa, Guam, the Common11 wealth of the Northern Marianas, and United States Vir12 gin Islands: Provided further, That for fiscal year 2010, 

13 notwithstanding the limitations on amounts specified in 

14 section 1452(j) of the Safe Drinking Water Act, up to 1.5 

15 percent of the funds appropriated for the Drinking Water 

16 State Revolving Fund programs under the Safe Drinking 

17 Water Act may be reserved by the Administrator for 

18 grants made under section 1452(j) of the Safe Drinking 

19 Water Act: Provided further, That no funds provided by 

20 this appropriations Act to address the water, wastewater 

21 and other critical infrastructure needs of the colonias in 

22 the United States along the United States-Mexico border 

23 shall be made available to a county or municipal govern24 ment unless that government has established an enforce25 able local ordinance, or other zoning rule, which prevents 


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1 in that jurisdiction the development or construction of any 

2 additional colonia areas, or the development within an ex3 isting colonia the construction of any new home, business, 

4 or other structure which lacks water, wastewater, or other 

5 necessary infrastructure. 

6 ADMINISTRATIVE PROVISIONS, ENVIRONMENTAL

7 PROTECTION AGENCY

8 (INCLUDING TRANSFER AND RESCISSION OF FUNDS)

9 For fiscal year 2010, notwithstanding 31 U.S.C. 

10 6303(1) and 6305(1), the Administrator of the Environ11 mental Protection Agency, in carrying out the Agency’s 

12 function to implement directly Federal environmental pro13 grams required or authorized by law in the absence of an 

14 acceptable tribal program, may award cooperative agree15 ments to federally recognized Indian tribes or Intertribal 

16 consortia, if authorized by their member tribes, to assist 

17 the Administrator in implementing Federal environmental 

18 programs for Indian tribes required or authorized by law, 

19 except that no such cooperative agreements may be award20 ed from funds designated for State financial assistance 

21 agreements. 

22 The Administrator of the Environmental Protection 

23 Agency is authorized to collect and obligate pesticide reg24 istration service fees in accordance with section 33 of the 

25 Federal Insecticide, Fungicide, and Rodenticide Act, as 


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1 amended by Public Law 110–94, the Pesticide Registra2 tion Improvement Renewal Act. 

3 Title II of Public Law 109–54, as amended by title 

4 II of division E of Public Law 111–8 (123 Stat.729), is 

5 amended in the fourth paragraph under the heading ‘‘Ad6 ministrative Provisions’’ by striking ‘‘2011’’ and inserting 

7 ‘‘2015’’. 

8 From unobligated balances to carry out projects and 

9 activities funded through the ‘‘State and Tribal Assistance 

10 Grants’’ account, $142,000,000 are hereby permanently 

11 rescinded: Provided, That no amounts may be cancelled 

12 from amounts that were designated by the Congress as 

13 an emergency requirement pursuant to the Concurrent 

14 Resolution on the Budget or the Balanced Budget and 

15 Emergency Deficit Control Act of 1985, as amended. 

16 The Administrator is authorized to transfer up to 

17 $475,000,000 from the ‘‘Environmental Programs and 

18 Management’’ account to the head of any other Federal 

19 department or agency (including but not limited to the De20 partments of Agriculture, Army, Commerce, Health and 

21 Human Services, Homeland Security, the Interior, State, 

22 and Transportation), with the concurrence of such head, 

23 to carry out activities that would support the Great Lakes 

24 Restoration Initiative and Great Lakes Water Quality 

25 Agreement programs, projects, or activities; to enter into 


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1 an interagency agreement with the head of such Federal 

2 department or agency to carry out these activities; and 

3 to make grants to governmental entities, nonprofit organi4 zations, institutions, and individuals for planning, re5 search, monitoring, outreach, and implementation in fur6 therance of the Great Lakes Restoration Initiative and the 

7 Great Lakes Water Quality Agreement. 

8 Not less than 30 percent of the funds made available 

9 under this title to each State for Clean Water State Re10 volving Fund capitalization grants and not less than 30 

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

12 State for Drinking Water State Revolving Fund capital13 ization grants shall be used by the State to provide addi14 tional subsidy to eligible recipients in the form of forgive15 ness of principal, negative interest loans, or grants (or any 

16 combination of these), except that for the Clean Water 

17 State Revolving Fund capitalization grant appropriation 

18 this section shall only apply to the portion that exceeds 

19 $1,000,000,000. 

20 To the extent there are sufficient eligible project ap21 plications, not less than 20 percent of the funds made 

22 available under this title to each State for Clean Water 

23 State Revolving Fund capitalization grants and not less 

24 than 20 percent of the funds made available under this 

25 title to each State for Drinking Water State Revolving 


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1 Fund capitalization grants shall be used by the State for 

2 projects to address green infrastructure, water efficiency, 

3 or energy efficiency improvements. 

4 For fiscal year 2010 and each fiscal year thereafter, 

5 the requirements of section 513 of the Federal Water Pol6 lution Control Act (33 U.S.C. 1372) shall apply to the 

7 construction of treatment works carried out in whole or 

8 in part with assistance made available by a State water 

9 pollution control revolving fund as authorized by title VI 

10 of that Act (33 U.S.C. 1381 et seq.), or with assistance 

11 made available under section 205(m) of that Act (33 

12 U.S.C. 1285(m)), or both. 

13 For fiscal year 2010 and each fiscal year thereafter, 

14 the requirements of section 1450(e) of the Safe Drinking 

15 Water Act (42 U.S.C. 300j–9(e)) shall apply to any con16 struction project carried out in whole or in part with as17 sistance made available by a drinking water treatment re18 volving loan fund as authorized by section 1452 of that 

19 Act (42 U.S.C. 300j–12). 

20 TITLE III—RELATED AGENCIES 

21 DEPARTMENT OF AGRICULTURE 

22 FOREST SERVICE

23 FOREST AND RANGELAND RESEARCH

24 For necessary expenses of forest and rangeland re25 search as authorized by law, $308,612,000, to remain 


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1 available until expended: Provided, That of the funds pro2 vided, $61,939,000 is for the forest inventory and analysis 

3 program. 

4 STATE AND PRIVATE FORESTRY

5 For necessary expenses of cooperating with and pro6 viding technical and financial assistance to States, terri7 tories, possessions, and others, and for forest health man8 agement, including treatments of pests, pathogens, and 

9 invasive or noxious plants and for restoring and rehabili10 tating forests damaged by pests or invasive plants, cooper11 ative forestry, and education and land conservation activi12 ties and conducting an international program as author13 ized, $307,486,000, to remain available until expended, as 

14 authorized by law; and of which $76,215,000 is to be de15 rived from the Land and Water Conservation Fund. 

16 NATIONAL FOREST SYSTEM

17 (INCLUDING TRANSFERS OF FUNDS)

18 For necessary expenses of the Forest Service, not 

19 otherwise provided for, for management, protection, im20 provement, and utilization of the National Forest System, 

21 $1,564,801,000 (reduced by $25,000,000) (increased by 

22 $25,000,000), to remain available until expended, which 

23 shall include 50 percent of all moneys received during 

24 prior fiscal years as fees collected under the Land and 

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


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

2 6a(i)): Provided, That, the Secretary may authorize the 

3 expenditure or transfer of up to $10,000,000 to the De4 partment of the Interior, Bureau of Land Management, 

5 for removal, preparation, and adoption of excess wild 

6 horses and burros from National Forest System lands, 

7 and for the performance of cadastral surveys to designate 

8 the boundaries of such lands: Provided further, That up 

9 to $10,000,000 may be transferred to and made a part 

10 of other Forest Service accounts if the transfer enhances 

11 the efficiency or effectiveness of Federal activities. 

12 CAPITAL IMPROVEMENT AND MAINTENANCE

13 (INCLUDING TRANSFER OF FUNDS)

14 For necessary expenses of the Forest Service, not 

15 otherwise provided for, $560,637,000, to remain available 

16 until expended, for construction, capital improvement, 

17 maintenance and acquisition of buildings and other facili18 ties and infrastructure; and for construction, capital im19 provement, decommissioning, and maintenance of forest 

20 roads and trails by the Forest Service as authorized by 

21 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205: Provided, 

22 That $100,000,000 shall be designated for urgently need23 ed road decommissioning, road and trail repair and main24 tenance and associated activities, and removal of fish pas25 sage barriers, especially in areas where Forest Service 


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1 roads may be contributing to water quality problems in 

2 streams and water bodies which support threatened, en3 dangered or sensitive species or community water sources: 

4 Provided further, That funds provided herein shall be 

5 available for the decommissioning of roads, including un6 authorized roads not part of the transportation system, 

7 which are no longer needed: Provided further, That public 

8 comment should be provided before system roads are de9 commissioned: Provided further, That the decommis10 sioning of unauthorized roads not part of the official 

11 transportation system shall be expedited in response to 

12 threats to public safety, water quality, or natural re13 sources: Provided further, That funds becoming available 

14 in fiscal year 2010 under the Act of March 4, 1913 (16 

15 U.S.C. 501) shall be transferred to the General Fund of 

16 the Treasury and shall not be available for transfer or obli17 gation for any other purpose unless the funds are appro18 priated: Provided further, That up to $10,000,000 may be 

19 transferred to and made a part of other Forest Service 

20 accounts if the transfer enhances the efficiency or effec21 tiveness of Federal activities. 

22 LAND ACQUISITION

23 For expenses necessary to carry out the provisions 

24 of the Land and Water Conservation Fund Act of 1965, 

25 as amended (16 U.S.C. 460l–4 through 11), including adVerDate Nov 24 2008 02:13 Sep 26, 2009 Jkt 079200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6401 E:\BILLS\H2996.PP H2996

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1 ministrative expenses, and for acquisition of land or wa2 ters, or interest therein, in accordance with statutory au3 thority applicable to the Forest Service, $36,782,000, to 

4 be derived from the Land and Water Conservation Fund 

5 and to remain available until expended. 

6 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

7 ACTS

8 For acquisition of lands within the exterior bound9 aries of the Cache, Uinta, and Wasatch National Forests, 

10 Utah; the Toiyabe National Forest, Nevada; and the An11 geles, San Bernardino, Sequoia, and Cleveland National 

12 Forests, California, as authorized by law, $1,050,000, to 

13 be derived from forest receipts. 

14 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

15 For acquisition of lands, such sums, to be derived 

16 from funds deposited by State, county, or municipal gov17 ernments, public school districts, or other public school au18 thorities, and for authorized expenditures from funds de19 posited by non-Federal parties pursuant to Land Sale and 

20 Exchange Acts, pursuant to the Act of December 4, 1967, 

21 as amended (16 U.S.C. 484a), to remain available until 

22 expended (16 U.S.C. 460l–516–617a, 555a; Public Law 

23 96–586; Public Law 76–589, 76–591; and Public Law 

24 78–310). 


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1 RANGE BETTERMENT FUND

2 For necessary expenses of range rehabilitation, pro3 tection, and improvement, 50 percent of all moneys re4 ceived during the prior fiscal year, as fees for grazing do5 mestic livestock on lands in National Forests in the 16 

6 Western States, pursuant to section 401(b)(1) of Public 

7 Law 94–579, as amended, to remain available until ex8 pended, of which not to exceed 6 percent shall be available 

9 for administrative expenses associated with on-the-ground 

10 range rehabilitation, protection, and improvements. 

11 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

12 RANGELAND RESEARCH

13 For expenses authorized by 16 U.S.C. 1643(b), 

14 $50,000, to remain available until expended, to be derived 

15 from the fund established pursuant to the above Act. 

16 MANAGEMENT OF NATIONAL FOREST LANDS FOR

17 SUBSISTENCE USES

18 For necessary expenses of the Forest Service to man19 age Federal lands in Alaska for subsistence uses under 

20 title VIII of the Alaska National Interest Lands Conserva21 tion Act (Public Law 96–487), $2,582,000, to remain 

22 available until expended. 


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1 WILDLAND FIRE MANAGEMENT

2 (INCLUDING TRANSFERS OF FUNDS)

3 For necessary expenses for forest fire presuppression 

4 activities on National Forest System lands, for emergency 

5 fire suppression on or adjacent to such lands or other 

6 lands under fire protection agreement, hazardous fuels re7 duction on or adjacent to such lands, and for emergency 

8 rehabilitation of burned-over National Forest System 

9 lands and water, $2,370,288,000, to remain available until 

10 expended: Provided, That such funds including unobli11 gated balances under this heading, are available for repay12 ment of advances from other appropriations accounts pre13 viously transferred for such purposes: Provided further, 

14 That such funds shall be available to reimburse State and 

15 other cooperating entities for services provided in response 

16 to wildfire and other emergencies or disasters to the extent 

17 such reimbursements by the Forest Service for non-fire 

18 emergencies are fully repaid by the responsible emergency 

19 management agency: Provided further, That, notwith20 standing any other provision of law, $8,000,000 of funds 

21 appropriated under this appropriation shall be used for 

22 Fire Science Research in support of the Joint Fire Science 

23 Program: Provided further, That all authorities for the use 

24 of funds, including the use of contracts, grants, and coop25 erative agreements, available to execute the Forest and 


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1 Rangeland Research appropriation, are also available in 

2 the utilization of these funds for Fire Science Research: 

3 Provided further, That funds provided shall be available 

4 for emergency rehabilitation and restoration, hazardous 

5 fuels reduction activities in the urban-wildland interface, 

6 support to Federal emergency response, and wildfire sup7 pression activities of the Forest Service: Provided further, 

8 That of the funds provided, $378,086,000 is for hazardous 

9 fuels reduction activities, $11,600,000 is for rehabilitation 

10 and restoration, $23,917,000 is for research activities and 

11 to make competitive research grants pursuant to the For12 est and Rangeland Renewable Resources Research Act, as 

13 amended (16 U.S.C. 1641 et seq.), $80,000,000 is for 

14 State fire assistance, $10,000,000 is for volunteer fire as15 sistance, $24,252,000 is for forest health activities on 

16 Federal lands and $12,928,000 is for forest health activi17 ties on State and private lands: Provided further, That 

18 amounts in this paragraph may be transferred to the 

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

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

21 State fire assistance, volunteer fire assistance, forest 

22 health management, forest and rangeland research, the 

23 Joint Fire Science Program, vegetation and watershed 

24 management, heritage site rehabilitation, and wildlife and 

25 fish habitat management and restoration: Provided furVerDate Nov 24 2008 02:13 Sep 26, 2009 Jkt 079200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6401 E:\BILLS\H2996.PP H2996

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1 ther, That up to $25,000,000 of the funds provided under 

2 this heading may be transferred to and made a part of 

3 other Forest Service accounts if the transfer enhances the 

4 efficiency or effectiveness of Federal activities: Provided 

5 further, That the costs of implementing any cooperative 

6 agreement between the Federal Government and any non7 Federal entity may be shared, as mutually agreed on by 

8 the affected parties: Provided further, That of the funds 

9 provided herein, the Secretary of Agriculture may enter 

10 into procurement contracts or cooperative agreements, or 

11 issue grants, for hazardous fuels reduction activities and 

12 for training and monitoring associated with such haz13 ardous fuels reduction activities, on Federal land, or on 

14 adjacent non-Federal land for activities that benefit re15 sources on Federal land: Provided further, That the Sec16 retary of the Interior and the Secretary of Agriculture 

17 may authorize the transfer of funds appropriated for 

18 wildland fire management, in an aggregate amount not to 

19 exceed $50,000,000, between the Departments when such 

20 transfers would facilitate and expedite jointly funded 

21 wildland fire management programs and projects: Pro22 vided further, That of the funds provided for hazardous 

23 fuels reduction, not to exceed $5,000,000, may be used 

24 to make grants, using any authorities available to the For25 est Service under the State and Private Forestry approVerDate Nov 24 2008 02:13 Sep 26, 2009 Jkt 079200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6401 E:\BILLS\H2996.PP H2996

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1 priation, for the purpose of creating incentives for in2 creased use of biomass from national forest lands: Pro3 vided further, That funds designated for wildfire suppres4 sion shall be assessed for cost pools on the same basis 

5 as such assessments are calculated against other agency 

6 programs. 

7 WILDLAND FIRE SUPPRESSION CONTINGENCY RESERVE

8 FUND

9 (INCLUDING TRANSFER OF FUNDS)

10 For necessary expenses for transfer to ‘‘Wildland 

11 Fire Management’’ for emergency fire suppression on Na12 tional Forest System lands or adjacent lands or other 

13 lands under fire protection agreement, $282,000,000, to 

14 remain available until expended: Provided, That amounts 

15 in this paragraph may be transferred and expended only 

16 if all funds appropriated for fire suppression under the 

17 heading ‘‘Wildland Fire Management’’ shall be fully obli18 gated within 30 days: Provided further, That amounts are 

19 available only to the extent the President has issued a 

20 finding that the amounts are necessary for emergency fire 

21 suppression. 

22 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

23 Appropriations to the Forest Service for the current 

24 fiscal year shall be available for: (1) purchase of passenger 

25 motor vehicles; acquisition of passenger motor vehicles 


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1 from excess sources, and hire of such vehicles; purchase, 

2 lease, operation, maintenance, and acquisition of aircraft 

3 from excess sources to maintain the operable fleet for use 

4 in Forest Service wildland fire programs and other Forest 

5 Service programs; notwithstanding other provisions of law, 

6 existing aircraft being replaced may be sold, with proceeds 

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

8 for the replacement aircraft; (2) services pursuant to 7 

9 U.S.C. 2225, and not to exceed $100,000 for employment 

10 under 5 U.S.C. 3109; (3) purchase, erection, and alter11 ation of buildings and other public improvements (7 

12 U.S.C. 2250); (4) acquisition of land, waters, and inter13 ests therein pursuant to 7 U.S.C. 428a; (5) for expenses 

14 pursuant to the Volunteers in the National Forest Act of 

15 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost 

16 of uniforms as authorized by 5 U.S.C. 5901–5902; and 

17 (7) for debt collection contracts in accordance with 31 

18 U.S.C. 3718(c). 

19 Any appropriations or funds available to the Forest 

20 Service may be transferred to the Wildland Fire Manage21 ment appropriation for forest firefighting, emergency re22 habilitation of burned-over or damaged lands or waters 

23 under its jurisdiction, and fire preparedness due to severe 

24 burning conditions five days after the Secretary notifies 

25 the House and Senate Committees on Appropriations that 


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1 all fire suppression funds appropriated under the headings 

2 ‘‘Wildland Fire Management’’ and ‘‘Wildland Fire Sup3 pression Contingency Reserve Fund’’ shall be fully obli4 gated within 30 days: Provided, That all funds used pursu5 ant to this paragraph must be replenished by a supple6 mental appropriation which must be requested as prompt7 ly as possible. 

8 Funds appropriated to the Forest Service shall be 

9 available for assistance to or through the Agency for Inter10 national Development in connection with forest and range11 land research, technical information, and assistance in for12 eign countries, and shall be available to support forestry 

13 and related natural resource activities outside the United 

14 States and its territories and possessions, including tech15 nical assistance, education and training, and cooperation 

16 with United States and international organizations. 

17 None of the funds made available to the Forest Serv18 ice in this Act or any other Act with respect to any fiscal 

19 year shall be subject to transfer under the provisions of 

20 section 702(b) of the Department of Agriculture Organic 

21 Act of 1944 (7 U.S.C. 2257), section 442 of Public Law 

22 106–224 (7 U.S.C. 7772), or section 10417(b) of Public 

23 Law 107–107 (7 U.S.C. 8316(b)). 

24 Not more than $78,350,000 of funds available to the 

25 Forest Service shall be transferred to the Working Capital 


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1 Fund of the Department of Agriculture and not more than 

2 $19,825,000 of funds available to the Forest Service shall 

3 be transferred to the Department of Agriculture for De4 partment Reimbursable Programs, commonly referred to 

5 as Greenbook charges. Nothing in this paragraph shall 

6 prohibit or limit the use of reimbursable agreements re7 quested by the Forest Service in order to obtain services 

8 from the Department of Agriculture’s National Informa9 tion Technology Center. 

10 Funds available to the Forest Service shall be avail11 able to conduct a program of up to $5,000,000 for priority 

12 projects within the scope of the approved budget, of which 

13 $2,500,000 shall be carried out by the Youth Conservation 

14 Corps and $2,500,000 shall be carried out under the au15 thority of the Public Lands Corps Healthy Forests Res16 toration Act of 2005, Public Law 109–154. 

17 Of the funds available to the Forest Service, $4,000 

18 is available to the Chief of the Forest Service for official 

19 reception and representation expenses. 

20 Pursuant to sections 405(b) and 410(b) of Public 

21 Law 101–593, of the funds available to the Forest Service, 

22 $3,000,000 may be advanced in a lump sum to the Na23 tional Forest Foundation to aid conservation partnership 

24 projects in support of the Forest Service mission, without 

25 regard to when the Foundation incurs expenses, for 


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1 projects on or benefitting National Forest System lands 

2 or related to Forest Service programs: Provided, That the 

3 Foundation shall obtain, by the end of the period of Fed4 eral financial assistance, private contributions to match on 

5 at least one-for-one basis funds made available by the For6 est Service: Provided further, That the Foundation may 

7 transfer Federal funds to Federal or a non-Federal recipi8 ent for a project at the same rate that the recipient has 

9 obtained the non-Federal matching funds: Provided fur10 ther, That authorized investments of Federal funds held 

11 by the Foundation may be made only in interest-bearing 

12 obligations of the United States or in obligations guaran13 teed as to both principal and interest by the United States. 

14 Pursuant to section 2(b)(2) of Public Law 98–244, 

15 $3,000,000 of the funds available to the Forest Service 

16 shall be advanced to the National Fish and Wildlife Foun17 dation in a lump sum to aid cost-share conservation 

18 projects, without regard to when expenses are incurred, 

19 on or benefitting National Forest System lands or related 

20 to Forest Service programs: Provided, That such funds 

21 shall be matched on at least a one-for-one basis by the 

22 Foundation or its sub-recipients: Provided further, That 

23 the Foundation may transfer Federal funds to a Federal 

24 or non-Federal recipient for a project at the same rate 


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1 that the recipient has obtained the non-Federal matching 

2 funds. 

3 Funds appropriated to the Forest Service shall be 

4 available for interactions with and providing technical as5 sistance to rural communities and natural resource-based 

6 businesses for sustainable rural development purposes. 

7 Funds appropriated to the Forest Service shall be 

8 available for payments to counties within the Columbia 

9 River Gorge National Scenic Area, pursuant to section 

10 14(c)(1) and (2), and section 16(a)(2) of Public Law 99– 

11 663. 

12 An eligible individual who is employed in any project 

13 funded under title V of the Older American Act of 1965 

14 (42 U.S.C. 3056 et seq.) and administered by the Forest 

15 Service shall be considered to be a Federal employee for 

16 purposes of chapter 171 of title 28, United States Code. 

17 Any funds appropriated to the Forest Service may 

18 be used to meet the non-Federal share requirement in sec19 tion 502(c) of the Older American Act of 1965 (42 U.S.C. 

20 3056(c)(2)). 

21 Funds available to the Forest Service, not to exceed 

22 $55,000,000, shall be assessed for the purpose of per23 forming fire, administrative and other facilities mainte24 nance. Such assessments shall occur using a square foot 

25 rate charged on the same basis the agency uses to assess 


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1 programs for payment of rent, utilities, and other support 

2 services. 

3 Notwithstanding any other provision of law, any ap4 propriations or funds available to the Forest Service not 

5 to exceed $500,000 may be used to reimburse the Office 

6 of the General Counsel (OGC), Department of Agri7 culture, for travel and related expenses incurred as a re8 sult of OGC assistance or participation requested by the 

9 Forest Service at meetings, training sessions, management 

10 reviews, land purchase negotiations and similar non-litiga11 tion related matters. Future budget justifications for both 

12 the Forest Service and the Department of Agriculture 

13 should clearly display the sums previously transferred and 

14 the requested funding transfers. 

15 The 19th unnumbered paragraph under heading 

16 ‘‘Administrative Provisions, Forest Service’’ in title III of 

17 the Department of the Interior, Environment, and Related 

18 Agencies Appropriations Act, 2006, Public Law 109–54, 

19 is amended by striking ‘‘2009’’ and inserting ‘‘2014’’. 

20 DEPARTMENT OF HEALTH AND HUMAN 

21 SERVICES 

22 INDIAN HEALTH SERVICE

23 INDIAN HEALTH SERVICES

24 For expenses necessary to carry out the Act of Au25 gust 5, 1954 (68 Stat. 674), the Indian Self-DeterminaVerDate Nov 24 2008 02:13 Sep 26, 2009 Jkt 079200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6401 E:\BILLS\H2996.PP H2996

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1 tion Act, the Indian Health Care Improvement Act, and 

2 titles II and III of the Public Health Service Act with re3 spect to the Indian Health Service, $3,657,618,000, to4 gether with payments received during the fiscal year pur5 suant to 42 U.S.C. 238(b) and 238b for services furnished 

6 by the Indian Health Service: Provided, That funds made 

7 available to tribes and tribal organizations through con8 tracts, grant agreements, or any other agreements or com9 pacts authorized by the Indian Self-Determination and 

10 Education Assistance Act of 1975 (25 U.S.C. 450), shall 

11 be deemed to be obligated at the time of the grant or con12 tract award and thereafter shall remain available to the 

13 tribe or tribal organization without fiscal year limitation: 

14 Provided further, That $16,251,000 is provided for Head15 quarters operations and information technology activities 

16 and, notwithstanding any other provision of law, the 

17 amount available under this proviso shall be allocated at 

18 the discretion of the Director of the Indian Health Service: 

19 Provided further, That $779,347,000 for contract medical 

20 care, including $48,000,000 for the Indian Catastrophic 

21 Health Emergency Fund, shall remain available until ex22 pended: Provided further, That no less than $43,139,000 

23 is provided for maintaining operations of the urban Indian 

24 health program: Provided further, That of the funds pro25 vided, up to $32,000,000 shall remain available until exVerDate Nov 24 2008 02:13 Sep 26, 2009 Jkt 079200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6401 E:\BILLS\H2996.PP H2996

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1 pended for implementation of the loan repayment program 

2 under section 108 of the Indian Health Care Improvement 

3 Act: Provided further, That $16,391,000 is provided for 

4 the methamphetamine and suicide prevention and treat5 ment initiative and $10,000,000 is provided for the do6 mestic violence prevention initiative and, notwithstanding 

7 any other provision of law, the amounts available under 

8 this proviso shall be allocated at the discretion of the Di9 rector of the Indian Health Service and shall remain avail10 able until expended: Provided further, That funds provided 

11 in this Act may be used for 1-year contracts and grants 

12 which are to be performed in two fiscal years, so long as 

13 the total obligation is recorded in the year for which the 

14 funds are appropriated: Provided further, That the 

15 amounts collected by the Secretary of Health and Human 

16 Services under the authority of title IV of the Indian 

17 Health Care Improvement Act shall remain available until 

18 expended for the purpose of achieving compliance with the 

19 applicable conditions and requirements of titles XVIII and 

20 XIX of the Social Security Act (exclusive of planning, de21 sign, or construction of new facilities): Provided further, 

22 That funding contained herein, and in any earlier appro23 priations Acts for scholarship programs under the Indian 

24 Health Care Improvement Act (25 U.S.C. 1613) shall re25 main available until expended: Provided further, That 


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1 amounts received by tribes and tribal organizations under 

2 title IV of the Indian Health Care Improvement Act shall 

3 be reported and accounted for and available to the receiv4 ing tribes and tribal organizations until expended: Pro5 vided further, That, notwithstanding any other provision 

6 of law, of the amounts provided herein, not to exceed 

7 $398,490,000 shall be for payments to tribes and tribal 

8 organizations for contract or grant support costs associ9 ated with contracts, grants, self-governance compacts, or 

10 annual funding agreements between the Indian Health 

11 Service and a tribe or tribal organization pursuant to the 

12 Indian Self-Determination Act of 1975, as amended, prior 

13 to or during fiscal year 2010, of which not to exceed 

14 $5,000,000 may be used for contract support costs associ15 ated with new or expanded self-determination contracts, 

16 grants, self-governance compacts, or annual funding 

17 agreements: Provided further, That the Bureau of Indian 

18 Affairs may collect from the Indian Health Service, tribes 

19 and tribal organizations operating health facilities pursu20 ant to Public Law 93–638, such individually identifiable 

21 health information relating to disabled children as may be 

22 necessary for the purpose of carrying out its functions 

23 under the Individuals with Disabilities Education Act (20 

24 U.S.C. 1400 et seq.): Provided further, That the Indian 

25 Health Care Improvement Fund may be used, as needed, 


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1 to carry out activities typically funded under the Indian 

2 Health Facilities account. 

3 INDIAN HEALTH FACILITIES

4 For construction, repair, maintenance, improvement, 

5 and equipment of health and related auxiliary facilities, 

6 including quarters for personnel; preparation of plans, 

7 specifications, and drawings; acquisition of sites, purchase 

8 and erection of modular buildings, and purchases of trail9 ers; and for provision of domestic and community sanita10 tion facilities for Indians, as authorized by section 7 of 

11 the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian 

12 Self-Determination Act, and the Indian Health Care Im13 provement Act, and for expenses necessary to carry out 

14 such Acts and titles II and III of the Public Health Serv15 ice Act with respect to environmental health and facilities 

16 support activities of the Indian Health Service, 

17 $394,757,000, to remain available until expended: Pro18 vided, That notwithstanding any other provision of law, 

19 funds appropriated for the planning, design, construction 

20 or renovation of health facilities for the benefit of a feder21 ally recognized Indian tribe or tribes may be used to pur22 chase land for sites to construct, improve, or enlarge 

23 health or related facilities: Provided further, That not to 

24 exceed $500,000 shall be used by the Indian Health Serv25 ice to purchase TRANSAM equipment from the DepartVerDate Nov 24 2008 02:13 Sep 26, 2009 Jkt 079200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6401 E:\BILLS\H2996.PP H2996

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1 ment of Defense for distribution to the Indian Health 

2 Service and tribal facilities: Provided further, That none 

3 of the funds appropriated to the Indian Health Service 

4 may be used for sanitation facilities construction for new 

5 homes funded with grants by the housing programs of the 

6 United States Department of Housing and Urban Devel7 opment: Provided further, That not to exceed $2,700,000 

8 from this account and the ‘‘Indian Health Services’’ ac9 count shall be used by the Indian Health Service to obtain 

10 ambulances for the Indian Health Service and tribal facili11 ties in conjunction with an existing interagency agreement 

12 between the Indian Health Service and the General Serv13 ices Administration: Provided further, That not to exceed 

14 $500,000 shall be placed in a Demolition Fund, available 

15 until expended, to be used by the Indian Health Service 

16 for demolition of Federal buildings. 

17 ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

18 Appropriations in this Act to the Indian Health Serv19 ice shall be available for services as authorized by 5 U.S.C. 

20 3109 but at rates not to exceed the per diem rate equiva21 lent to the maximum rate payable for senior-level positions 

22 under 5 U.S.C. 5376; hire of passenger motor vehicles and 

23 aircraft; purchase of medical equipment; purchase of re24 prints; purchase, renovation and erection of modular 

25 buildings and renovation of existing facilities; payments 


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1 for telephone service in private residences in the field, 

2 when authorized under regulations approved by the Sec3 retary; and for uniforms or allowances therefor as author4 ized by 5 U.S.C. 5901–5902; and for expenses of attend5 ance at meetings that relate to the functions or activities 

6 for which the appropriation is made or otherwise con7 tribute to the improved conduct, supervision, or manage8 ment of those functions or activities. 

9 In accordance with the provisions of the Indian 

10 Health Care Improvement Act, non-Indian patients may 

11 be extended health care at all tribally administered or In12 dian Health Service facilities, subject to charges, and the 

13 proceeds along with funds recovered under the Federal 

14 Medical Care Recovery Act (42 U.S.C. 2651–2653) shall 

15 be credited to the account of the facility providing the 

16 service and shall be available without fiscal year limitation. 

17 Notwithstanding any other law or regulation, funds trans18 ferred from the Department of Housing and Urban Devel19 opment to the Indian Health Service shall be administered 

20 under Public Law 86–121, the Indian Sanitation Facilities 

21 Act and Public Law 93–638, as amended. 

22 Funds appropriated to the Indian Health Service in 

23 this Act, except those used for administrative and program 

24 direction purposes, shall not be subject to limitations di25 rected at curtailing Federal travel and transportation. 


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1 None of the funds made available to the Indian 

2 Health Service in this Act shall be used for any assess3 ments or charges by the Department of Health and 

4 Human Services unless identified in the budget justifica5 tion and provided in this Act, or approved by the House 

6 and Senate Committees on Appropriations through the re7 programming process. 

8 Notwithstanding any other provision of law, funds 

9 previously or herein made available to a tribe or tribal or10 ganization through a contract, grant, or agreement au11 thorized by title I or V of the Indian Self-Determination 

12 and Education Assistance Act of 1975 (25 U.S.C. 450), 

13 may be deobligated and reobligated to a self-determination 

14 contract under title I, or a self-governance agreement 

15 under title V of such Act and thereafter shall remain avail16 able to the tribe or tribal organization without fiscal year 

17 limitation. 

18 None of the funds made available to the Indian 

19 Health Service in this Act shall be used to implement the 

20 final rule published in the Federal Register on September 

21 16, 1987, by the Department of Health and Human Serv22 ices, relating to the eligibility for the health care services 

23 of the Indian Health Service until the Indian Health Serv24 ice has submitted a budget request reflecting the increased 

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1 quest has been included in an appropriations Act and en2 acted into law. 

3 With respect to functions transferred by the Indian 

4 Health Service to tribes or tribal organizations, the Indian 

5 Health Service is authorized to provide goods and services 

6 to those entities, on a reimbursable basis, including pay7 ment in advance with subsequent adjustment. The reim8 bursements received therefrom, along with the funds re9 ceived from those entities pursuant to the Indian Self-De10 termination Act, may be credited to the same or subse11 quent appropriation account that provided the funding, 

12 with such amounts to remain available until expended. 

13 Reimbursements for training, technical assistance, or 

14 services provided by the Indian Health Service will contain 

15 total costs, including direct, administrative, and overhead 

16 associated with the provision of goods, services, or tech17 nical assistance. 

18 The appropriation structure for the Indian Health 

19 Service may not be altered without advance notification 

20 to the House and Senate Committees on Appropriations. 

21 NATIONAL INSTITUTES OF HEALTH

22 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

23 SCIENCES

24 For necessary expenses for the National Institute of 

25 Environmental Health Sciences in carrying out activities 


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1 set forth in section 311(a) of the Comprehensive Environ2 mental Response, Compensation, and Liability Act of 

3 1980, as amended, and section 126(g) of the Superfund 

4 Amendments and Reauthorization Act of 1986, 

5 $79,212,000. 

6 AGENCY FOR TOXIC SUBSTANCES AND DISEASE

7 REGISTRY

8 TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC

9 HEALTH

10 For necessary expenses for the Agency for Toxic Sub11 stances and Disease Registry (ATSDR) in carrying out 

12 activities set forth in sections 104(i) and 111(c)(4) of the 

13 Comprehensive Environmental Response, Compensation, 

14 and Liability Act of 1980 (CERCLA), as amended; section 

15 118(f) of the Superfund Amendments and Reauthoriza16 tion Act of 1986 (SARA), as amended; and section 3019 

17 of the Solid Waste Disposal Act, as amended, 

18 $76,792,000, of which up to $1,000 per eligible employee 

19 of the Agency for Toxic Substance and Disease Registry 

20 shall remain available until expended for Individual Learn21 ing Accounts: Provided, That notwithstanding any other 

22 provision of law, in lieu of performing a health assessment 

23 under section 104(i)(6) of CERCLA, the Administrator 

24 of ATSDR may conduct other appropriate health studies, 

25 evaluations, or activities, including, without limitation, 


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1 biomedical testing, clinical evaluations, medical moni2 toring, and referral to accredited health care providers: 

3 Provided further, That in performing any such health as4 sessment or health study, evaluation, or activity, the Ad5 ministrator of ATSDR shall not be bound by the deadlines 

6 in section 104(i)(6)(A) of CERCLA: Provided further, 

7 That none of the funds appropriated under this heading 

8 shall be available for ATSDR to issue in excess of 40 toxi9 cological profiles pursuant to section 104(i) of CERCLA 

10 during fiscal year 2010, and existing profiles may be up11 dated as necessary. 

12 OTHER RELATED AGENCIES 

13 EXECUTIVE OFFICE OF THE PRESIDENT

14 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

15 ENVIRONMENTAL QUALITY

16 For necessary expenses to continue functions as17 signed to the Council on Environmental Quality and Office 

18 of Environmental Quality pursuant to the National Envi19 ronmental Policy Act of 1969, the Environmental Quality 

20 Improvement Act of 1970, and Reorganization Plan No. 

21 1 of 1977, and not to exceed $750 for official reception 

22 and representation expenses, $3,159,000: Provided, That 

23 notwithstanding section 202 of the National Environ24 mental Policy Act of 1970, the Council shall consist of 

25 one member, appointed by the President, by and with the 


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1 advice and consent of the Senate, serving as chairman and 

2 exercising all powers, functions, and duties of the Council. 

3 CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

4 SALARIES AND EXPENSES

5 (INCLUDING TRANSFER OF FUNDS)

6 For necessary expenses in carrying out activities pur7 suant to section 112(r)(6) of the Clean Air Act, as amend8 ed, including hire of passenger vehicles, uniforms or allow9 ances therefor, as authorized by 5 U.S.C. 5901–5902, and 

10 for services authorized by 5 U.S.C. 3109 but at rates for 

11 individuals not to exceed the per diem equivalent to the 

12 maximum rate payable for senior level positions under 5 

13 U.S.C. 5376, $10,547,000: Provided, That the Chemical 

14 Safety and Hazard Investigation Board (Board) shall have 

15 not more than three career Senior Executive Service posi16 tions: Provided further, That notwithstanding any other 

17 provision of law, the individual appointed to the position 

18 of Inspector General of the Environmental Protection 

19 Agency (EPA) shall, by virtue of such appointment, also 

20 hold the position of Inspector General of the Board: Pro21 vided further, That notwithstanding any other provision 

22 of law, the Inspector General of the Board shall utilize 

23 personnel of the Office of Inspector General of EPA in 

24 performing the duties of the Inspector General of the 

25 Board, and shall not appoint any individuals to positions 


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1 within the Board: Provided further, That of the funds ap2 propriated under this heading, $150,000 shall be paid to 

3 the ‘‘Office of Inspector General’’ appropriation of the En4 vironmental Protection Agency. 

5 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

6 SALARIES AND EXPENSES

7 For necessary expenses of the Office of Navajo and 

8 Hopi Indian Relocation as authorized by Public Law 93– 

9 531, $8,000,000, to remain available until expended: Pro10 vided, That funds provided in this or any other appropria11 tions Act are to be used to relocate eligible individuals and 

12 groups including evictees from District 6, Hopi-partitioned 

13 lands residents, those in significantly substandard hous14 ing, and all others certified as eligible and not included 

15 in the preceding categories: Provided further, That none 

16 of the funds contained in this or any other Act may be 

17 used by the Office of Navajo and Hopi Indian Relocation 

18 to evict any single Navajo or Navajo family who, as of 

19 November 30, 1985, was physically domiciled on the lands 

20 partitioned to the Hopi Tribe unless a new or replacement 

21 home is provided for such household: Provided further, 

22 That no relocatee will be provided with more than one new 

23 or replacement home: Provided further, That the Office 

24 shall relocate any certified eligible relocatees who have se25 lected and received an approved homesite on the Navajo 


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1 reservation or selected a replacement residence off the 

2 Navajo reservation or on the land acquired pursuant to 

3 25 U.S.C. 640d–10. 

4 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

5 CULTURE AND ARTS DEVELOPMENT

6 PAYMENT TO THE INSTITUTE

7 For payment to the Institute of American Indian and 

8 Alaska Native Culture and Arts Development, as author9 ized by title XV of Public Law 99–498, as amended (20 

10 U.S.C. 56 part A), $8,300,000. 

11 SMITHSONIAN INSTITUTION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Smithsonian Institu14 tion, as authorized by law, including research in the fields 

15 of art, science, and history; development, preservation, and 

16 documentation of the National Collections; presentation of 

17 public exhibits and performances; collection, preparation, 

18 dissemination, and exchange of information and publica19 tions; conduct of education, training, and museum assist20 ance programs; maintenance, alteration, operation, lease 

21 (for terms not to exceed 30 years), and protection of build22 ings, facilities, and approaches; not to exceed $100,000 

23 for services as authorized by 5 U.S.C. 3109; and purchase, 

24 rental, repair, and cleaning of uniforms for employees, 

25 $634,161,000, to remain available until September 30, 


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1 2011, except as otherwise provided herein; of which not 

2 to exceed $19,117,000 for the instrumentation program, 

3 collections acquisition, exhibition reinstallation, the Na4 tional Museum of African American History and Culture, 

5 and the repatriation of skeletal remains program shall re6 main available until expended; and of which $1,553,000 

7 is for fellowships and scholarly awards; and including such 

8 funds as may be necessary to support American overseas 

9 research centers: Provided, That funds appropriated here10 in are available for advance payments to independent con11 tractors performing research services or participating in 

12 official Smithsonian presentations. 

13 FACILITIES CAPITAL

14 For necessary expenses of repair, revitalization, and 

15 alteration of facilities owned or occupied by the Smithso16 nian Institution, by contract or otherwise, as authorized 

17 by section 2 of the Act of August 22, 1949 (63 Stat. 623), 

18 and for construction, including necessary personnel, 

19 $140,000,000, to remain available until expended, of 

20 which not to exceed $10,000 is for services as authorized 

21 by 5 U.S.C. 3109. 

22 ADMINISTRATIVE PROVISION, SMITHSONIAN INSTITUTION

23 Notwithstanding any provision of the Department of 

24 the Interior, Environment, and Related Agencies Appro25 priations Act, 2008 (Public Law 110–161; 121 Stat. 


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1 2140), the funds provided for ‘‘Smithsonian Institution, 

2 Legacy Fund’’ under such Act may be transferred to and 

3 made a part of the appropriation for ‘‘Smithsonian Insti4 tution, Facilities Capital’’ in this Act and utilized by the 

5 Smithsonian Institution under the same terms and condi6 tions that apply to other funds contained in such appro7 priation. 

8 NATIONAL GALLERY OF ART

9 SALARIES AND EXPENSES

10 For the upkeep and operations of the National Gal11 lery of Art, the protection and care of the works of art 

12 therein, and administrative expenses incident thereto, as 

13 authorized by the Act of March 24, 1937 (50 Stat. 51), 

14 as amended by the public resolution of April 13, 1939 

15 (Public Resolution 9, Seventy-sixth Congress), including 

16 services as authorized by 5 U.S.C. 3109; payment in ad17 vance when authorized by the treasurer of the Gallery for 

18 membership in library, museum, and art associations or 

19 societies whose publications or services are available to 

20 members only, or to members at a price lower than to the 

21 general public; purchase, repair, and cleaning of uniforms 

22 for guards, and uniforms, or allowances therefor, for other 

23 employees as authorized by law (5 U.S.C. 5901–5902); 

24 purchase or rental of devices and services for protecting 

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1 ation, improvement, and repair of buildings, approaches, 

2 and grounds; and purchase of services for restoration and 

3 repair of works of art for the National Gallery of Art by 

4 contracts made, without advertising, with individuals, 

5 firms, or organizations at such rates or prices and under 

6 such terms and conditions as the Gallery may deem prop7 er, $110,746,000, of which not to exceed $3,386,000 for 

8 the special exhibition program shall remain available until 

9 expended. 

10 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

11 For necessary expenses of repair, restoration and 

12 renovation of buildings, grounds and facilities owned or 

13 occupied by the National Gallery of Art, by contract or 

14 otherwise, as authorized, $56,259,000, to remain available 

15 until expended: Provided, That of this amount, 

16 $40,000,000 shall be available to repair the National Gal17 lery’s East Building facade: Provided further, That con18 tracts awarded for environmental systems, protection sys19 tems, and exterior repair or renovation of buildings of the 

20 National Gallery of Art may be negotiated with selected 

21 contractors and awarded on the basis of contractor quali22 fications as well as price. 


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1 JOHN F. KENNEDY CENTER FOR THE PERFORMING

2 ARTS

3 OPERATIONS AND MAINTENANCE

4 For necessary expenses for the operation, mainte5 nance and security of the John F. Kennedy Center for 

6 the Performing Arts, $25,000,000: Provided, That of the 

7 funds included under this heading, $2,500,000 is available 

8 until expended to implement a program to train arts man9 agers throughout the United States. 

10 CAPITAL REPAIR AND RESTORATION

11 For necessary expenses for capital repair and restora12 tion of the existing features of the building and site of 

13 the John F. Kennedy Center for the Performing Arts, 

14 $17,447,000, to remain available until expended. 

15 WOODROW WILSON INTERNATIONAL CENTER FOR

16 SCHOLARS

17 SALARIES AND EXPENSES

18 For expenses necessary in carrying out the provisions 

19 of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 

20 1356) including hire of passenger vehicles and services as 

21 authorized by 5 U.S.C. 3109, $12,225,000, to remain 

22 available until September 30, 2011. 


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1 NATIONAL FOUNDATION ON THE ARTS AND THE

2 HUMANITIES

3 NATIONAL ENDOWMENT FOR THE ARTS

4 GRANTS AND ADMINISTRATION

5 For necessary expenses to carry out the National 

6 Foundation on the Arts and the Humanities Act of 1965, 

7 as amended, $170,000,000 shall be available to the Na8 tional Endowment for the Arts for the support of projects 

9 and productions in the arts, including arts education and 

10 public outreach activities, through assistance to organiza11 tions and individuals pursuant to section 5 of the Act, for 

12 program support, and for administering the functions of 

13 the Act, to remain available until expended: Provided, 

14 That funds appropriated herein shall be expended in ac15 cordance with sections 309 and 311 of Public Law 108– 

16 447. 

17 NATIONAL ENDOWMENT FOR THE HUMANITIES

18 GRANTS AND ADMINISTRATION

19 For necessary expenses to carry out the National 

20 Foundation on the Arts and the Humanities Act of 1965, 

21 as amended, $170,000,000, to remain available until ex22 pended, of which $155,700,000 shall be available for sup23 port of activities in the humanities, pursuant to section 

24 7(c) of the Act and for administering the functions of the 

25 Act; and $14,300,000 shall be available to carry out the 


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1 matching grants program pursuant to section 10(a)(2) of 

2 the Act including $9,500,000 for the purposes of section 

3 7(h): Provided, That appropriations for carrying out sec4 tion 10(a)(2) shall be available for obligation only in such 

5 amounts as may be equal to the total amounts of gifts, 

6 bequests, and devises of money, and other property accept7 ed by the chairman or by grantees of the Endowment 

8 under the provisions of subsections 11(a)(2)(B) and 

9 11(a)(3)(B) during the current and preceding fiscal years 

10 for which equal amounts have not previously been appro11 priated. 

12 ADMINISTRATIVE PROVISION

13 None of the funds appropriated to the National 

14 Foundation on the Arts and the Humanities may be used 

15 to process any grant or contract documents which do not 

16 include the text of 18 U.S.C. 1913: Provided, That none 

17 of the funds appropriated to the National Foundation on 

18 the Arts and the Humanities may be used for official re19 ception and representation expenses: Provided further, 

20 That funds from nonappropriated sources may be used as 

21 necessary for official reception and representation ex22 penses: Provided further, That the Chairperson of the Na23 tional Endowment for the Arts may approve grants of up 

24 to $10,000, if in the aggregate this amount does not ex25 ceed 5 percent of the sums appropriated for grant-making 


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1 purposes per year: Provided further, That such small grant 

2 actions are taken pursuant to the terms of an expressed 

3 and direct delegation of authority from the National Coun4 cil on the Arts to the Chairperson. 

5 COMMISSION OF FINE ARTS

6 SALARIES AND EXPENSES

7 For expenses made necessary by the Act establishing 

8 a Commission of Fine Arts (40 U.S.C. 104), $2,294,000: 

9 Provided, That the Commission is authorized to charge 

10 fees to cover the full costs of its publications, and such 

11 fees shall be credited to this account as an offsetting col12 lection, to remain available until expended without further 

13 appropriation: Provided further, That the Commission is 

14 authorized to accept gifts, including objects, papers, art15 work, drawings and artifacts, that pertain to the history 

16 and design of the national capital or the history and activi17 ties of the Commission of Fine Arts, and may be used 

18 only for artistic display, study, or education. 

19 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

20 For necessary expenses as authorized by Public Law 

21 99–190 (20 U.S.C. 956a), as amended, $10,000,000. 

22 ADVISORY COUNCIL ON HISTORIC PRESERVATION

23 SALARIES AND EXPENSES

24 For necessary expenses of the Advisory Council on 

25 Historic Preservation (Public Law 89–665, as amended), 


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1 $5,908,000: Provided, That none of these funds shall be 

2 available for compensation of level V of the Executive 

3 Schedule or higher positions. 

4 NATIONAL CAPITAL PLANNING COMMISSION

5 SALARIES AND EXPENSES

6 For necessary expenses, as authorized by the Na7 tional Capital Planning Act of 1952 (40 U.S.C. 71–71i), 

8 including services as authorized by 5 U.S.C. 3109, 

9 $8,507,000: Provided, That one-quarter of 1 percent of 

10 the funds provided under this heading may be used for 

11 official reception and representational expenses associated 

12 with hosting international visitors engaged in the planning 

13 and physical development of world capitals. 

14 UNITED STATES HOLOCAUST MEMORIAL MUSEUM

15 HOLOCAUST MEMORIAL MUSEUM

16 For expenses of the Holocaust Memorial Museum, as 

17 authorized by Public Law 106–292 (36 U.S.C. 2301– 

18 2310), $48,551,000, of which $515,000 for the Museum’s 

19 equipment replacement program, $1,900,000 for the mu20 seum’s repair and rehabilitation program, and $1,243,000 

21 for the museum’s exhibition design and production pro22 gram shall remain available until expended. 


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1 PRESIDIO TRUST

2 PRESIDIO TRUST FUND

3 For necessary expenses to carry out title I of the Om4 nibus Parks and Public Lands Management Act of 1996, 

5 $23,200,000 shall be available to the Presidio Trust, to 

6 remain available until expended. 

7 DWIGHT D. EISENHOWER MEMORIAL COMMISSION

8 SALARIES AND EXPENSES

9 For necessary expenses, including the costs of con10 struction design, of the Dwight D. Eisenhower Memorial 

11 Commission, $2,000,000 to remain available until ex12 pended. 

13 CAPITAL CONSTRUCTION

14 For necessary expenses of the Dwight D. Eisenhower 

15 Memorial Commission for design and construction of a 

16 memorial in honor of Dwight D. Eisenhower, as author17 ized by Public Law 106–79, $10,000,000, to remain avail18 able until expended. 

19 TITLE IV—GENERAL PROVISIONS 

20 (INCLUDING TRANSFERS OF FUNDS)

21 SEC. 401. The expenditure of any appropriation 

22 under this Act for any consulting service through procure23 ment contract, pursuant to 5 U.S.C. 3109, shall be limited 

24 to those contracts where such expenditures are a matter 

25 of public record and available for public inspection, except 


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1 where otherwise provided under existing law, or under ex2 isting Executive Order issued pursuant to existing law. 

3 SEC. 402. No part of any appropriation contained in 

4 this Act shall be available for any activity or the publica5 tion or distribution of literature that in any way tends to 

6 promote public support or opposition to any legislative 

7 proposal on which Congressional action is not complete 

8 other than to communicate to Members of Congress as 

9 described in 18 U.S.C. 1913. 

10 SEC. 403. No part of any appropriation contained in 

11 this Act shall remain available for obligation beyond the 

12 current fiscal year unless expressly so provided herein. 

13 SEC. 404. None of the funds provided in this Act to 

14 any department or agency shall be obligated or expended 

15 to provide a personal cook, chauffeur, or other personal 

16 servants to any officer or employee of such department 

17 or agency except as otherwise provided by law. 

18 SEC. 405. Estimated overhead charges, deductions, 

19 reserves or holdbacks from programs, projects, activities 

20 and subactivities to support government-wide, depart21 mental, agency or bureau administrative functions or 

22 headquarters, regional or central operations shall be pre23 sented in annual budget justifications and subject to ap24 proval by the Committees on Appropriations. Changes to 


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1 such estimates shall be presented to the Committees on 

2 Appropriations for approval. 

3 SEC. 406. None of the funds made available in this 

4 Act may be transferred to any department, agency, or in5 strumentality of the United States Government except 

6 pursuant to a transfer made by, or transfer provided in, 

7 this Act or any other Act. 

8 SEC. 407. (a) LIMITATION OF FUNDS.—None of the 

9 funds appropriated or otherwise made available pursuant 

10 to this Act shall be obligated or expended to accept or 

11 process applications for a patent for any mining or mill 

12 site claim located under the general mining laws. 

13 (b) EXCEPTIONS.—The provisions of subsection (a) 

14 shall not apply if the Secretary of the Interior determines 

15 that, for the claim concerned: (1) a patent application was 

16 filed with the Secretary on or before September 30, 1994; 

17 and (2) all requirements established under sections 2325 

18 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) 

19 for vein or lode claims and sections 2329, 2330, 2331, 

20 and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 

21 37) for placer claims, and section 2337 of the Revised 

22 Statutes (30 U.S.C. 42) for mill site claims, as the case 

23 may be, were fully complied with by the applicant by that 

24 date. 


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1 (c) REPORT.—On September 30, 2010, the Secretary 

2 of the Interior shall file with the House and Senate Com3 mittees on Appropriations and the Committee on Natural 

4 Resources of the House of Representatives and the Com5 mittee on Energy and Natural Resources of the Senate 

6 a report on actions taken by the Department under the 

7 plan submitted pursuant to section 314(c) of the Depart8 ment of the Interior and Related Agencies Appropriations 

9 Act, 1997 (Public Law 104–208). 

10 (d) MINERAL EXAMINATIONS.—In order to process 

11 patent applications in a timely and responsible manner, 

12 upon the request of a patent applicant, the Secretary of 

13 the Interior shall allow the applicant to fund a qualified 

14 third-party contractor to be selected by the Bureau of 

15 Land Management to conduct a mineral examination of 

16 the mining claims or mill sites contained in a patent appli17 cation as set forth in subsection (b). The Bureau of Land 

18 Management shall have the sole responsibility to choose 

19 and pay the third-party contractor in accordance with the 

20 standard procedures employed by the Bureau of Land 

21 Management in the retention of third-party contractors. 

22 SEC. 408. Notwithstanding any other provision of 

23 law, amounts appropriated to or otherwise designated in 

24 committee reports for the Bureau of Indian Affairs and 

25 the Indian Health Service by Public Laws 103–138, 103– 


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1 332, 104–134, 104–208, 105–83, 105–277, 106–113, 

2 106–291, 107–63, 108–7, 108–108, 108–447, 109–54, 

3 109–289, division B and Continuing Appropriations Reso4 lution, 2007 (division B of Public Law 109–289, as 

5 amended by Public Laws 110–5 and 110–28), Public 

6 Laws 110–92, 110–116, 110–137, 110–149, 110–161, 

7 110–329, 111–6, and 111–8 for payments for contract 

8 support costs associated with self-determination or self9 governance contracts, grants, compacts, or annual funding 

10 agreements with the Bureau of Indian Affairs or the In11 dian Health Service as funded by such Acts, are the total 

12 amounts available for fiscal years 1994 through 2009 for 

13 such purposes, except that the Bureau of Indian Affairs, 

14 federally recognized tribes, and tribal organizations of fed15 erally recognized tribes may use their tribal priority alloca16 tions for unmet contract support costs of ongoing con17 tracts, grants, self-governance compacts, or annual fund18 ing agreements. 

19 SEC. 409. The Secretary of Agriculture shall not be 

20 considered to be in violation of subparagraph 6(f)(5)(A) 

21 of the Forest and Rangeland Renewable Resources Plan22 ning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because 

23 more than 15 years have passed without revision of the 

24 plan for a unit of the National Forest System. Nothing 

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1 quirement of the Forest and Rangeland Renewable Re2 sources Planning Act (16 U.S.C. 1600 et seq.) or any 

3 other law: Provided, That if the Secretary is not acting 

4 expeditiously and in good faith, within the funding avail5 able, to revise a plan for a unit of the National Forest 

6 System, this section shall be void with respect to such plan 

7 and a court of proper jurisdiction may order completion 

8 of the plan on an accelerated basis. 

9 SEC. 410. No funds provided in this Act may be ex10 pended to conduct preleasing, leasing and related activities 

11 under either the Mineral Leasing Act (30 U.S.C. 181 et 

12 seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 

13 1331 et seq.) within the boundaries of a National Monu14 ment established pursuant to the Act of June 8, 1906 (16 

15 U.S.C. 431 et seq.) as such boundary existed on January 

16 20, 2001, except where such activities are allowed under 

17 the Presidential proclamation establishing such monu18 ment. 

19 SEC. 411. In entering into agreements with foreign 

20 fire organizations pursuant to the Temporary Emergency 

21 Wildfire Suppression Act (42 U.S.C. 1856m–1856o), the 

22 Secretary of Agriculture and the Secretary of the Interior 

23 are authorized to enter into reciprocal agreements in 

24 which the individuals furnished under said agreements to 

25 provide wildfire services are considered, for purposes of 


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1 tort liability, employees of the fire organization receiving 

2 said services when the individuals are engaged in fire sup3 pression or presuppression: Provided, That the Secretary 

4 of Agriculture or the Secretary of the Interior shall not 

5 enter into any agreement under this provision unless the 

6 foreign fire organization agrees to assume any and all li7 ability for the acts or omissions of American firefighters 

8 engaged in fire suppression or presuppression in a foreign 

9 country: Provided further, That when an agreement is 

10 reached for furnishing fire suppression or presuppression 

11 services, the only remedies for acts or omissions com12 mitted while engaged in fire suppression or presuppression 

13 shall be those provided under the laws applicable to the 

14 fire organization receiving the fire suppression or 

15 presuppression services, and those remedies shall be the 

16 exclusive remedies for any claim arising out of fire sup17 pression or presuppression activities in a foreign country: 

18 Provided further, That neither the sending country nor 

19 any legal organization associated with the firefighter shall 

20 be subject to any legal action, consistent with the applica21 ble laws governing sovereign immunity, pertaining to or 

22 arising out of the firefighter’s role in fire suppression or 

23 presuppression, except that if the foreign fire organization 

24 is unable to provide such protection under laws applicable 

25 to it, it shall assume any and all liability for the United 


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1 States or for any legal organization associated with the 

2 American firefighter, and for any and all costs incurred 

3 or assessed, including legal fees, for any act or omission 

4 pertaining to or arising out of the firefighter’s role in fire 

5 suppression or presuppression. 

6 SEC. 412. In awarding a Federal contract with funds 

7 made available by this Act, notwithstanding Federal Gov8 ernment procurement and contracting laws, the Secretary 

9 of Agriculture and the Secretary of the Interior (the ‘‘Sec10 retaries’’) may, in evaluating bids and proposals, give con11 sideration to local contractors who are from, and who pro12 vide employment and training for, dislocated and displaced 

13 workers in an economically disadvantaged rural commu14 nity, including those historically timber-dependent areas 

15 that have been affected by reduced timber harvesting on 

16 Federal lands and other forest-dependent rural commu17 nities isolated from significant alternative employment op18 portunities: Provided, That notwithstanding Federal Gov19 ernment procurement and contracting laws the Secretaries 

20 may award contracts, grants or cooperative agreements to 

21 local non-profit entities, Youth Conservation Corps or re22 lated partnerships with State, local or non-profit youth 

23 groups, or small or micro-business or disadvantaged busi24 ness: Provided further, That the contract, grant, or cooper25 ative agreement is for forest hazardous fuels reduction, 


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1 watershed or water quality monitoring or restoration, wild2 life or fish population monitoring, or habitat restoration 

3 or management: Provided further, That the terms ‘‘rural 

4 community’’ and ‘‘economically disadvantaged’’ shall have 

5 the same meanings as in section 2374 of Public Law 101– 

6 624: Provided further, That the Secretaries shall develop 

7 guidance to implement this section: Provided further, That 

8 nothing in this section shall be construed as relieving the 

9 Secretaries of any duty under applicable procurement 

10 laws, except as provided in this section. 

11 SEC. 413. Unless otherwise provided herein, no funds 

12 appropriated in this Act for the acquisition of lands or 

13 interests in lands may be expended for the filing of dec14 larations of taking or complaints in condemnation without 

15 the approval of the House and Senate Committees on Ap16 propriations. 

17 SEC. 414. The terms and conditions of section 325 

18 of Public Law 108–108, regarding grazing permits at the 

19 Department of the Interior and the Forest Service shall 

20 remain in effect for fiscal year 2010. 

21 SEC. 415. Section 6 of the National Foundation on 

22 the Arts and the Humanities Act of 1965 (Public Law 

23 89–209, 20 U.S.C. 955), as amended, is further amend24 ed— 


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1 (1) in the first sentence of subsection (b)(1)(C), 

2 by striking ‘‘14’’ and inserting in lieu thereof ‘‘18’’; 

3 and 

4 (2) in the second sentence of subsection (d)(1), 

5 by striking ‘‘Eight’’ and inserting in lieu thereof 

6 ‘‘Ten’’. 

7 SEC. 416. The item relating to ‘‘National Capital 

8 Arts and Cultural Affairs’’ in the Department of the Inte9 rior and Related Agencies Appropriations Act, 1986, as 

10 enacted into law by section 101(d) of Public Law 99–190 

11 (99 Stat. 1261; 20 U.S.C. 956a), is amended— 

12 (1) in the second sentence of the first para13 graph, by striking ‘‘$7,500,000’’ and inserting 

14 ‘‘$10,000,000’’; and 

15 (2) in the second sentence of the fourth para16 graph, by striking ‘‘$500,000’’ and inserting 

17 ‘‘$650,000’’. 

18 SEC. 417. Section 339(h) of the Department of the 

19 Interior and Related Agencies Appropriations Act, 2000, 

20 as amended, concerning a pilot program for the sale of 

21 forest botanical products by the Forest Service, is further 

22 amended by striking ‘‘September 30, 2009’’ and inserting 

23 ‘‘September 30, 2014’’. 


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1 SEC. 418. The second sentence of section 2 (a)(1) 

2 of the Mineral Leasing Act (30 U.S.C. 201(a)(1); relating 

3 to coal bonus bids) does not apply for fiscal year 2010. 

4 SEC. 419. All monies received by the United States 

5 in fiscal year 2010 from sales, bonuses, rentals, and royal6 ties under the Geothermal Steam Act of 1970 shall be dis7 posed of as provided by section 20 of that Act (30 U.S.C. 

8 1019), as in effect immediately before enactment of the 

9 Energy Policy Act of 2005 (Public Law 109–58), and 

10 without regard to the amendments contained in sections 

11 224(b) and section 234 of the Energy Policy Act of 2005 

12 (42 U.S.C. 17673). 

13 SEC. 420. Section 331(e) of the Department of the 

14 Interior and Related Agencies Appropriations Act, 2001, 

15 (Public Law 106–291), as added by section 336 of division 

16 E of the Consolidated Appropriations Act, 2005 (Public 

17 Law 108–447), concerning cooperative forestry agree18 ments known as the Colorado Good Neighbor Act Author19 ity is amended by striking ‘‘September 30, 2009’’ and in20 serting ‘‘September 30, 2013’’. 

21 SEC. 421. None of the funds in this or any other Act 

22 shall be used to deposit funds from any Federal royalties, 

23 rents, and bonuses derived from Federal onshore and off24 shore oil and gas leases issued under the Outer Conti25 nental Shelf Lands Act (43 U.S.C. 1331 et seq.) and the 


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1 Mineral Leasing Act (30 U.S.C. 181 et seq.) into the 

2 Ultra-Deepwater and Unconventional Natural Gas and 

3 Other Petroleum Research Fund. 

4 SEC. 422. Section 302(a) of the Secure Rural Schools 

5 and Community Self-Determination Act of 2000 (16 

6 U.S.C. 7142(a)) is amended— 

7 (1) in paragraph (2)(B), by striking ‘‘; and’’ 

8 and inserting a semicolon; 

9 (2) in paragraph (3), by striking the period and 

10 inserting ‘‘; and’’; and 

11 (3) by inserting after paragraph (3), the fol12 lowing: ‘‘(4) to reimburse all or part of the costs in13 curred by the county to pay the salaries and benefits 

14 of county employees who supervise adults or juve15 niles performing mandatory community service on 

16 Federal lands.’’. 

17 SEC. 423. Within the amounts appropriated in this 

18 Act, funding shall be allocated in the amounts specified 

19 for those projects and purposes delineated in the table ti20 tled ‘‘Congressionally Directed Spending’’ included in the 

21 explanatory statement accompanying this Act. The pre22 ceding sentence shall apply in addition to the allocation 

23 requirements specified in this Act under the heading ‘‘Na24 tional Park Service–Historic Preservation Fund’’ for Save 

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1 mental Protection Agency–State and Tribal Assistance 

2 Grants’’ for special project grants for the construction of 

3 drinking water, wastewater and storm infrastructure and 

4 for water quality protection. 

5 SEC. 424. Not later than 120 days after the date on 

6 which the President’s Fiscal Year 2011 budget request is 

7 submitted to Congress, the President shall submit a report 

8 to the Committee on Appropriations of the House of Rep9 resentatives and the Committee on Appropriations of the 

10 Senate describing in detail all Federal agency obligations 

11 and expenditures, domestic and international, for climate 

12 change programs and activities in fiscal year 2008, fiscal 

13 year 2009, and fiscal year 2010, including an accounting 

14 of expenditures by agency with each agency identifying cli15 mate change activities and associated costs by line item 

16 as presented in the President’s Budget Appendix. 

17 SEC. 425. Notwithstanding any other provision of 

18 law, none of the funds made available in this or any other 

19 Act may be used to implement any rule that requires man20 datory reporting of greenhouse gas emissions from manure 

21 management systems. 

22 SEC. 426. (a) None of the funds made available in 

23 this or any prior Act may be used to release an individual 

24 who is detained, as of April 30, 2009, at Naval Station, 

25 Guantanamo Bay, Cuba, into any of the United States 


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1 territories of Guam, American Samoa (AS), the United 

2 States Virgin Islands (USVI), the Commonwealth of Puer3 to Rico and the Commonwealth of the Northern Mariana 

4 Islands (CNMI). 

5 (b) None of the funds made available in this or any 

6 other prior Act may be used to transfer an individual who 

7 is detained, as of April 30, 2009, at Naval Station, Guan8 tanamo Bay, Cuba, into any of the United States terri9 tories of Guam, American Samoa (AS), the United States 

10 Virgin Islands (USVI), the Commonwealth of Puerto Rico 

11 and the Commonwealth of the Northern Mariana Islands 

12 (CNMI), for the purposes of detaining or prosecuting such 

13 individual, until 2 months after the plan described in sub14 section (c) is received. 

15 (c) The President shall submit to the Congress, in 

16 writing, a comprehensive plan regarding the proposed dis17 position of each individual who is detained, as of April 30, 

18 2009, at Naval Station, Guantanamo Bay, Cuba, who is 

19 not covered under subsection (d). Such plan shall include, 

20 at a minimum, each of the following for each such indi21 vidual: 

22 (1) The findings of an analysis regarding any 

23 risk to the national security of the United States 

24 that is posed by the transfer of the individual. 


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1 (2) The costs associated with not transferring 

2 the individual in question. 

3 (3) The legal rationale and associated court de4 mands for transfer. 

5 (4) A certification by the President that any 

6 risk described in paragraph (1) has been mitigated, 

7 together with a full description of the plan for such 

8 mitigation. 

9 (5) A certification by the President that the 

10 President has submitted to the Governor and legisla11 ture of the State or territory (or, in the case of the 

12 District of Columbia, to the Mayor of the District of 

13 Columbia) to which the President intends to transfer 

14 the individual a certification in writing at least 30 

15 days prior to such transfer (together with supporting 

16 documentation and justification) that the individual 

17 does not pose a security risk to the United States. 

18 (d) None of the funds made available in this or any 

19 prior Act may be used to transfer or release an individual 

20 detained at Naval Station, Guantanamo Bay, Cuba, as of 

21 April 30, 2009, to a freely associated State, unless the 

22 President submits to the Congress, in writing, at least 30 

23 days prior to such transfer or release, the following infor24 mation: 


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1 (1) The name of any individual to be trans2 ferred or released and the freely associated State to 

3 which such individual is to be transferred or re4 leased. 

5 (2) An assessment of any risk to the national 

6 security of the United States or its citizens, includ7 ing members of the Armed Services or the United 

8 States, that is posed by such transfer or release and 

9 the actions taken to mitigate such risk. 

10 (3) The terms of any agreement with the freely 

11 associated State for the acceptance of such indi12 vidual, including the amount of any financial assist13 ance related to such agreement. 

14 (e) In this section, the term ‘‘freely associated 

15 States’’ means the Federated States of Micronesia (FSM), 

16 the Republic of the Marshall Islands (RMI), and the Re17 public of Palau. 

18 SEC. 427. Notwithstanding any other provision of 

19 law, none of the funds made available in this or any other 

20 Act may be used to promulgate or implement any regula21 tion requiring the issuance of permits under title V of the 

22 Clean Air Act for carbon dioxide, nitrous oxide, water 

23 vapor, or methane emissions resulting from biological 

24 processes associated with livestock production. 


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1 This Act may be cited as the ‘‘Department of the In2 terior, Environment, and Related Agencies Appropriations 

3 Act, 2010’’. 

4 That the following sums are appropriated, out of any 

5 money in the Treasury not otherwise appropriated, for the 

6 Department of the Interior, environment, and related agen7 cies for the fiscal year ending September 30, 2010, and for 

8 other purposes, namely: 

9 TITLE I 

10 DEPARTMENT OF THE INTERIOR 

11 BUREAU OF LAND MANAGEMENT

12 MANAGEMENT OF LANDS AND RESOURCES

13 For necessary expenses for protection, use, improve14 ment, development, disposal, cadastral surveying, classifica15 tion, acquisition of easements and other interests in lands, 

16 and performance of other functions, including maintenance 

17 of facilities, as authorized by law, in the management of 

18 lands and their resources under the jurisdiction of the Bu19 reau of Land Management, including the general adminis20 tration of the Bureau, and assessment of mineral potential 

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

22 3150(a)), $965,721,000, to remain available until expended, 

23 of which not to exceed $69,336,000 is available for oil and 

24 gas management; and of which $1,500,000 is for high pri25 ority projects, to be carried out by the Youth Conservation 


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

2 year 2010 subject to a match by at least an equal amount 

3 by the National Fish and Wildlife Foundation for cost4 shared projects supporting conservation of Bureau lands; 

5 and such funds shall be advanced to the Foundation as a 

6 lump sum grant without regard to when expenses are in7 curred. 

8 In addition, $45,500,000 is for the processing of appli9 cations for permit to drill and related use authorizations, 

10 to remain available until expended, to be reduced by 

11 amounts collected by the Bureau and credited to this appro12 priation that shall be derived from $6,500 per new applica13 tion for permit to drill that the Bureau shall collect upon 

14 submission of each new application, and in addition, 

15 $36,696,000 is for Mining Law Administration program 

16 operations, including the cost of administering the mining 

17 claim fee program; to remain available until expended, to 

18 be reduced by amounts collected by the Bureau and credited 

19 to this appropriation from annual mining claim fees so as 

20 to result in a final appropriation estimated at not more 

21 than $965,721,000, and $2,000,000, to remain available 

22 until expended, from communication site rental fees estab23 lished by the Bureau for the cost of administering commu24 nication site activities. 


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1 CONSTRUCTION

2 For construction of buildings, recreation facilities, 

3 roads, trails, and appurtenant facilities, $8,626,000, to re4 main available until expended. 

5 LAND ACQUISITION

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

7 and 318(d) of Public Law 94–579, including administra8 tive expenses and acquisition of lands or waters, or interests 

9 therein, $28,650,000, to be derived from the Land and 

10 Water Conservation Fund and to remain available until 

11 expended: Provided, That, notwithstanding the joint ex12 planatory statement of the Committee on Appropriations 

13 of the House of Representatives accompanying Public Law 

14 111–8 (123 Stat. 524), the amount of $2,000,000 made 

15 available for the Henry’s Lake ACEC in the State of Idaho 

16 (as described in the table entitled ‘‘Congressionally Des17 ignated Spending’’ contained in section 430 of that joint 

18 explanatory statement) shall be made available for the 

19 Upper Snake/South Fork River ACEC/SRMA in the State 

20 of Idaho. 

21 OREGON AND CALIFORNIA GRANT LANDS

22 For expenses necessary for management, protection, 

23 and development of resources and for construction, oper24 ation, and maintenance of access roads, reforestation, and 

25 other improvements on the revested Oregon and California 


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1 Railroad grant lands, on other Federal lands in the Oregon 

2 and California land-grant counties of Oregon, and on adja3 cent rights-of-way; and acquisition of lands or interests 

4 therein, including existing connecting roads on or adjacent 

5 to such grant lands; $111,557,000, to remain available until 

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

7 receipts during the current fiscal year from the revested Or8 egon and California Railroad grant lands is hereby made 

9 a charge against the Oregon and California land-grant 

10 fund and shall be transferred to the General Fund in the 

11 Treasury in accordance with the second paragraph of sub12 section (b) of title II of the Act of August 28, 1937 (50 Stat. 

13 876). 

14 FOREST ECOSYSTEM HEALTH AND RECOVERY FUND

15 (REVOLVING FUND, SPECIAL ACCOUNT)

16 In addition to the purposes authorized in Public Law 

17 102–381, funds made available in the Forest Ecosystem 

18 Health and Recovery Fund can be used for the purpose of 

19 planning, preparing, implementing and monitoring salvage 

20 timber sales and forest ecosystem health and recovery activi21 ties, such as release from competing vegetation and density 

22 control treatments. The Federal share of receipts (defined 

23 as the portion of salvage timber receipts not paid to the 

24 counties under 43 U.S.C. 1181f and 43 U.S.C. 1181f–1 et 

25 seq., and Public Law 106–393) derived from treatments 


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1 funded by this account shall be deposited into the Forest 

2 Ecosystem Health and Recovery Fund. 

3 RANGE IMPROVEMENTS

4 For rehabilitation, protection, and acquisition of lands 

5 and interests therein, and improvement of Federal range6 lands pursuant to section 401 of the Federal Land Policy 

7 and Management Act of 1976 (43 U.S.C. 1701), notwith8 standing any other Act, sums equal to 50 percent of all 

9 moneys received during the prior fiscal year under sections 

10 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.) 

11 and the amount designated for range improvements from 

12 grazing fees and mineral leasing receipts from Bankhead13 Jones lands transferred to the Department of the Interior 

14 pursuant to law, but not less than $10,000,000, to remain 

15 available until expended: Provided, That not to exceed 

16 $600,000 shall be available for administrative expenses. 

17 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

18 For administrative expenses and other costs related to 

19 processing application documents and other authorizations 

20 for use and disposal of public lands and resources, for costs 

21 of providing copies of official public land documents, for 

22 monitoring construction, operation, and termination of fa23 cilities in conjunction with use authorizations, and for re24 habilitation of damaged property, such amounts as may be 

25 collected under Public Law 94–579, as amended, and Public 


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1 Law 93–153, to remain available until expended: Provided, 

2 That, notwithstanding any provision to the contrary of sec3 tion 305(a) of Public Law 94–579 (43 U.S.C. 1735(a)), any 

4 moneys that have been or will be received pursuant to that 

5 section, whether as a result of forfeiture, compromise, or set6 tlement, if not appropriate for refund pursuant to section 

7 305(c) of that Act (43 U.S.C. 1735(c)), shall be available 

8 and may be expended under the authority of this Act by 

9 the Secretary to improve, protect, or rehabilitate any public 

10 lands administered through the Bureau of Land Manage11 ment which have been damaged by the action of a resource 

12 developer, purchaser, permittee, or any unauthorized per13 son, without regard to whether all moneys collected from 

14 each such action are used on the exact lands damaged which 

15 led to the action: Provided further, That any such moneys 

16 that are in excess of amounts needed to repair damage to 

17 the exact land for which funds were collected may be used 

18 to repair other damaged public lands. 

19 MISCELLANEOUS TRUST FUNDS

20 In addition to amounts authorized to be expended 

21 under existing laws, there is hereby appropriated such 

22 amounts as may be contributed under section 307 of the 

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

24 amounts as may be advanced for administrative costs, sur25 veys, appraisals, and costs of making conveyances of omitVerDate Nov 24 2008 02:13 Sep 26, 2009 Jkt 079200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6203 E:\BILLS\H2996.PP H2996

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1 ted lands under section 211(b) of that Act, to remain avail2 able until expended. 

3 ADMINISTRATIVE PROVISIONS

4 The Bureau of Land Management may carry out the 

5 operations funded under this Act by direct expenditure, con6 tracts, grants, cooperative agreements and reimbursable 

7 agreements with public and private entities. Projects funded 

8 pursuant to a written commitment by a State government 

9 to provide an identified amount of money in support of 

10 the project may be carried out by the bureau upon receipt 

11 of the written commitment. Appropriations for the Bureau 

12 of Land Management (BLM) shall be available for pur13 chase, erection, and dismantlement of temporary structures, 

14 and alteration and maintenance of necessary buildings and 

15 appurtenant facilities to which the United States has title; 

16 up to $100,000 for payments, at the discretion of the Sec17 retary, for information or evidence concerning violations of 

18 laws administered by the Bureau; miscellaneous and emer19 gency expenses of enforcement activities authorized or ap20 proved by the Secretary and to be accounted for solely on 

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

22 That notwithstanding 44 U.S.C. 501, the Bureau may, 

23 under cooperative cost-sharing and partnership arrange24 ments authorized by law, procure printing services from co25 operators in connection with jointly produced publications 


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1 for which the cooperators share the cost of printing either 

2 in cash or in services, and the Bureau determines the coop3 erator is capable of meeting accepted quality standards: 

4 Provided further, That projects to be funded pursuant to 

5 a written commitment by a State government to provide 

6 an identified amount of money in support of the project 

7 may be carried out by the Bureau on a reimbursable basis. 

8 Appropriations herein made shall not be available for the 

9 destruction of healthy, unadopted, wild horses and burros 

10 in the care of the Bureau of Land Management or its con11 tractors or for the sale of wild horses and burros that results 

12 in their destruction for processing into commercial prod13 ucts. 

14 UNITED STATES FISH AND WILDLIFE SERVICE

15 RESOURCE MANAGEMENT

16 For necessary expenses of the United States Fish and 

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

18 and economic studies, general administration, and for the 

19 performance of other authorized functions related to such 

20 resources, $1,244,386,000, to remain available until Sep21 tember 30, 2011 except as otherwise provided herein: Pro22 vided, That $2,500,000 is for high priority projects, which 

23 shall be carried out by the Youth Conservation Corps: Pro24 vided further, That not to exceed $22,103,000 shall be used 

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


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1 4 of the Endangered Species Act, as amended, (except for 

2 processing petitions, developing and issuing proposed and 

3 final regulations, and taking any other steps to implement 

4 actions described in subsection (c)(2)(A), (c)(2)(B)(i), or 

5 (c)(2)(B)(ii)), of which not to exceed $11,632,000 shall be 

6 used for any activity regarding the designation of critical 

7 habitat, pursuant to subsection (a)(3), excluding litigation 

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

9 prior to October 1, 2009: Provided further, That of the 

10 amount available for law enforcement, up to $400,000, to 

11 remain available until expended, may at the discretion of 

12 the Secretary be used for payment for information, rewards, 

13 or evidence concerning violations of laws administered by 

14 the Service, and miscellaneous and emergency expenses of 

15 enforcement activity, authorized or approved by the Sec16 retary and to be accounted for solely on the Secretary’s cer17 tificate: Provided further, That of the amount provided for 

18 environmental contaminants, up to $1,000,000 may remain 

19 available until expended for contaminant sample analyses. 

20 CONSTRUCTION

21 For construction, improvement, acquisition, or re22 moval of buildings and other facilities required in the con23 servation, management, investigation, protection, and utili24 zation of fishery and wildlife resources, and the acquisition 


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1 of lands and interests therein; $39,741,000, to remain avail2 able until expended. 

3 LAND ACQUISITION

4 For expenses necessary to carry out the Land and 

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

6 U.S.C. 460l–4 through 11), including administrative ex7 penses, and for acquisition of land or waters, or interest 

8 therein, in accordance with statutory authority applicable 

9 to the United States Fish and Wildlife Service, $82,790,000, 

10 to be derived from the Land and Water Conservation Fund 

11 and to remain available until expended, of which, notwith12 standing 16 U.S.C. 460l–9, not more than $1,500,000 shall 

13 be for land conservation partnerships authorized by the 

14 Highlands Conservation Act of 2004: Provided, That none 

15 of the funds appropriated for specific land acquisition 

16 projects can be used to pay for any administrative over17 head, planning or other management costs. 

18 COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

19 For expenses necessary to carry out section 6 of the 

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

21 as amended, $85,001,000, to remain available until ex22 pended, of which $30,307,000 is to be derived from the Co23 operative Endangered Species Conservation Fund, of which 

24 $5,146,000 shall be for the Idaho Salmon and Clearwater 

25 River Basins Habitat Account pursuant to the Snake River 


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1 Water Rights Act of 2004; and of which $54,694,000 is to 

2 be derived from the Land and Water Conservation Fund. 

3 NATIONAL WILDLIFE REFUGE FUND

4 For expenses necessary to implement the Act of October 

5 17, 1978 (16 U.S.C. 715s), $14,500,000. 

6 NORTH AMERICAN WETLANDS CONSERVATION FUND

7 For expenses necessary to carry out the provisions of 

8 the North American Wetlands Conservation Act, as amend9 ed (16 U.S.C. 4401–4414), $45,147,000, to remain available 

10 until expended. 

11 NEOTROPICAL MIGRATORY BIRD CONSERVATION

12 For expenses necessary to carry out the Neotropical 

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

14 6101 et seq.), $5,000,000, to remain available until ex15 pended. 

16 MULTINATIONAL SPECIES CONSERVATION FUND

17 For expenses necessary to carry out the African Ele18 phant Conservation Act (16 U.S.C. 4201–4203, 4211–4214, 

19 4221–4225, 4241–4246, and 1538), the Asian Elephant 

20 Conservation Act of 1997 (16 U.S.C. 4261–4266), the Rhi21 noceros and Tiger Conservation Act of 1994 (16 U.S.C. 

22 5301–5306), the Great Ape Conservation Act of 2000 (16 

23 U.S.C. 6301–6305), and the Marine Turtle Conservation 

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

25 available until expended. 


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1 STATE AND TRIBAL WILDLIFE GRANTS

2 For wildlife conservation grants to States and to the 

3 District of Columbia, Puerto Rico, Guam, the United States 

4 Virgin Islands, the Northern Mariana Islands, American 

5 Samoa, and Indian tribes under the provisions of the Fish 

6 and Wildlife Act of 1956 and the Fish and Wildlife Coordi7 nation Act, for the development and implementation of pro8 grams for the benefit of wildlife and their habitat, including 

9 species that are not hunted or fished, $80,000,000, to re10 main available until expended: Provided, That of the 

11 amount provided herein, $7,000,000 is for a competitive 

12 grant program for Indian tribes not subject to the remain13 ing provisions of this appropriation: Provided further, That 

14 $5,000,000 is for a competitive grant program for States, 

15 territories, and other jurisdictions with approved plans, not 

16 subject to the remaining provisions of this appropriation: 

17 Provided further, That the Secretary shall, for fiscal year 

18 2010 and each fiscal year thereafter, after deducting 

19 $12,000,000 and administrative expenses, apportion the 

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

21 District of Columbia and to the Commonwealth of Puerto 

22 Rico, each a sum equal to not more than one-half of 1 per23 cent thereof; and (2) to Guam, American Samoa, the United 

24 States Virgin Islands, and the Commonwealth of the North25 ern Mariana Islands, each a sum equal to not more than 


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1 one-fourth of 1 percent thereof: Provided further, That the 

2 Secretary shall, for fiscal year 2010 and each fiscal year 

3 thereafter, apportion the remaining amount in the fol4 lowing manner: (1) one-third of which is based on the ratio 

5 to which the land area of such State bears to the total land 

6 area of all such States; and (2) two-thirds of which is based 

7 on the ratio to which the population of such State bears 

8 to the total population of all such States: Provided further, 

9 That the amounts apportioned under this paragraph shall 

10 be adjusted equitably so that no State shall, for fiscal year 

11 2010 and each fiscal year thereafter, be apportioned a sum 

12 which is less than 1 percent of the amount available for 

13 apportionment under this paragraph for any fiscal year or 

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

15 the Federal share of planning grants shall not, for fiscal 

16 year 2010 and each fiscal year thereafter, exceed 75 percent 

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

18 implementation grants shall not, for fiscal year 2010 and 

19 each fiscal year thereafter, exceed 50 percent of the total 

20 costs of such projects: Provided further, That the non-Fed21 eral share of such projects may not be derived from Federal 

22 grant programs: Provided further, That any amount appor23 tioned in 2010 to any State, territory, or other jurisdiction 

24 that remains unobligated as of September 30, 2011, shall 


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1 be reapportioned, together with funds appropriated in 2012, 

2 in the manner provided herein. 

3 ADMINISTRATIVE PROVISIONS

4 The Fish and Wildlife Service may carry out the oper5 ations of Service programs by direct expenditure, contracts, 

6 grants, cooperative agreements and reimbursable agree7 ments with public and private entities. Appropriations and 

8 funds available to the United States Fish and Wildlife Serv9 ice shall be available for repair of damage to public roads 

10 within and adjacent to reservation areas caused by oper11 ations of the Service; options for the purchase of land at 

12 not to exceed $1 for each option; facilities incident to such 

13 public recreational uses on conservation areas as are con14 sistent with their primary purpose; and the maintenance 

15 and improvement of aquaria, buildings, and other facilities 

16 under the jurisdiction of the Service and to which the 

17 United States has title, and which are used pursuant to 

18 law in connection with management, and investigation of 

19 fish and wildlife resources: Provided, That notwithstanding 

20 44 U.S.C. 501, the Service may, under cooperative cost 

21 sharing and partnership arrangements authorized by law, 

22 procure printing services from cooperators in connection 

23 with jointly produced publications for which the cooperators 

24 share at least one-half the cost of printing either in cash 

25 or services and the Service determines the cooperator is caVerDate Nov 24 2008 02:13 Sep 26, 2009 Jkt 079200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6203 E:\BILLS\H2996.PP H2996

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1 pable of meeting accepted quality standards: Provided fur2 ther, That the Service may accept donated aircraft as re3 placements for existing aircraft. 

4 NATIONAL PARK SERVICE

5 OPERATION OF THE NATIONAL PARK SYSTEM

6 For expenses necessary for the management, operation, 

7 and maintenance of areas and facilities administered by 

8 the National Park Service (including expenses to carry out 

9 programs of the United States Park Police), and for the 

10 general administration of the National Park Service, 

11 $2,261,309,000, of which $9,982,000 for planning and 

12 interagency coordination in support of Everglades restora13 tion and $99,622,000 for maintenance, repair or rehabilita14 tion projects for constructed assets, operation of the Na15 tional Park Service automated facility management soft16 ware system, and comprehensive facility condition assess17 ments shall remain available until September 30, 2011. 

18 NATIONAL RECREATION AND PRESERVATION

19 For expenses necessary to carry out recreation pro20 grams, natural programs, cultural programs, heritage part21 nership programs, environmental compliance and review, 

22 international park affairs, statutory or contractual aid for 

23 other activities, and grant administration, not otherwise 

24 provided for, $67,438,000, of which $3,175,000 shall be for 

25 Preserve America grants as authorized by section 7302 of 


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1 the Omnibus Public Land Management Act of 2009 (Public 

2 Law 111–11). 

3 HISTORIC PRESERVATION FUND

4 For expenses necessary in carrying out the Historic 

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

6 the Omnibus Parks and Public Lands Management Act of 

7 1996 (Public Law 104–333), $74,500,000, to be derived 

8 from the Historic Preservation Fund and to remain avail9 able until September 30, 2011; of which $20,000,000 shall 

10 be for Save America’s Treasures grants as authorized by 

11 section 7303 of the Omnibus Public Land Management Act 

12 of 2009 (Public Law 111–11) of which $200,000 may be 

13 made available by the Secretary of the Interior to develop, 

14 in conjunction with Morehouse College, a program to cata15 logue, preserve, provide public access to and research on, 

16 develop curriculum and courses based on, provide public ac17 cess to, and conduct scholarly forums on the important 

18 works and papers of Dr. Martin Luther King, Jr. to provide 

19 a better understanding of the message and teachings of Dr. 

20 Martin Luther King, Jr.. 

21 CONSTRUCTION

22 For construction, improvements, repair or replacement 

23 of physical facilities, including a portion of the expense for 

24 the modifications authorized by section 104 of the EverVerDate Nov 24 2008 02:13 Sep 26, 2009 Jkt 079200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6203 E:\BILLS\H2996.PP H2996

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1 glades National Park Protection and Expansion Act of 

2 1989, $219,731,000, to remain available until expended. 

3 LAND AND WATER CONSERVATION FUND

4 (RESCISSION)

5 The contract authority provided for fiscal year 2010 

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

7 LAND ACQUISITION AND STATE ASSISTANCE

8 For expenses necessary to carry out the Land and 

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

10 460l–4 through 11), including administrative expenses, and 

11 for acquisition of lands or waters, or interest therein, in 

12 accordance with the statutory authority applicable to the 

13 National Park Service, $118,586,000, to be derived from the 

14 Land and Water Conservation Fund and to remain avail15 able until expended, of which $35,000,000 is for the State 

16 assistance program and of which $4,000,000 shall be for 

17 the American Battlefield Protection Program grants as au18 thorized by section 7301 of the Omnibus Public Land Man19 agement Act of 2009 (Public Law 111–11). 

20 ADMINISTRATIVE PROVISIONS

21 (INCLUDING TRANSFER OF FUNDS)

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

23 of Public Law 105–391, franchise fees credited to a sub24 account shall be available for expenditure by the Secretary, 

25 without further appropriation, for use at any unit within 


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1 the National Park System to extinguish or reduce liability 

2 for Possessory Interest or leasehold surrender interest. Such 

3 funds may only be used for this purpose to the extent that 

4 the benefiting unit anticipated franchise fee receipts over 

5 the term of the contract at that unit exceed the amount of 

6 funds used to extinguish or reduce liability. Franchise fees 

7 at the benefiting unit shall be credited to the sub-account 

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

9 of a single contract at the benefiting unit, in the amount 

10 of funds so expended to extinguish or reduce liability. 

11 For the costs of administration of the Land and Water 

12 Conservation Fund grants authorized by section 

13 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 

14 2006 (Public Law 109–432), the National Park Service 

15 may retain up to 3 percent of the amounts which are au16 thorized to be disbursed under such section, such retained 

17 amounts to remain available until expended. 

18 National Park Service funds may be transferred to the 

19 Federal Highway Administration (FHWA), Department of 

20 Transportation, for purposes authorized under 23 U.S.C. 

21 204. Transfers may include a reasonable amount for 

22 FHWA administrative support costs. 


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1 UNITED STATES GEOLOGICAL SURVEY

2 SURVEYS, INVESTIGATIONS, AND RESEARCH

3 For expenses necessary for the United States Geological 

4 Survey to perform surveys, investigations, and research cov5 ering topography, geology, hydrology, biology, and the min6 eral and water resources of the United States, its territories 

7 and possessions, and other areas as authorized by 43 U.S.C. 

8 31, 1332, and 1340; classify lands as to their mineral and 

9 water resources; give engineering supervision to power per10 mittees and Federal Energy Regulatory Commission licens11 ees; administer the minerals exploration program (30 

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

13 affecting mining and materials processing industries (30 

14 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related 

15 purposes as authorized by law; and to publish and dissemi16 nate data relative to the foregoing activities; 

17 $1,104,340,000, to remain available until September 30, 

18 2011, of which $65,561,000 shall be available only for co19 operation with States or municipalities for water resources 

20 investigations; of which $40,150,000 shall remain available 

21 until expended for satellite operations; and of which 

22 $7,321,000 shall be available until expended for deferred 

23 maintenance and capital improvement projects that exceed 

24 $100,000 in cost: Provided, That none of the funds provided 

25 for the biological research activity shall be used to conduct 


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1 new surveys on private property, unless specifically author2 ized in writing by the property owner: Provided further, 

3 That no part of this appropriation shall be used to pay 

4 more than one-half the cost of topographic mapping or 

5 water resources data collection and investigations carried 

6 on in cooperation with States and municipalities. 

7 ADMINISTRATIVE PROVISIONS

8 From within the amount appropriated for activities 

9 of the United States Geological Survey such sums as are 

10 necessary shall be available for reimbursement to the Gen11 eral Services Administration for security guard services; 

12 contracting for the furnishing of topographic maps and for 

13 the making of geophysical or other specialized surveys when 

14 it is administratively determined that such procedures are 

15 in the public interest; construction and maintenance of nec16 essary buildings and appurtenant facilities; acquisition of 

17 lands for gauging stations and observation wells; expenses 

18 of the United States National Committee on Geology; and 

19 payment of compensation and expenses of persons on the 

20 rolls of the Survey duly appointed to represent the United 

21 States in the negotiation and administration of interstate 

22 compacts: Provided, That activities funded by appropria23 tions herein made may be accomplished through the use of 

24 contracts, grants, or cooperative agreements as defined in 

25 31 U.S.C. 6302 et seq.: Provided further, That the United 


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1 States Geological Survey may enter into contracts or coop2 erative agreements directly with individuals or indirectly 

3 with institutions or nonprofit organizations, without re4 gard to 41 U.S.C. 5, for the temporary or intermittent serv5 ices of students or recent graduates, who shall be considered 

6 employees for the purpose of chapters 57 and 81 of title 

7 5, United States Code, relating to compensation for travel 

8 and work injuries, and chapter 171 of title 28, United 

9 States Code, relating to tort claims, but shall not be consid10 ered to be Federal employees for any other purposes. 

11 MINERALS MANAGEMENT SERVICE

12 ROYALTY AND OFFSHORE MINERALS MANAGEMENT

13 For expenses necessary for minerals leasing and envi14 ronmental studies, regulation of industry operations, and 

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

16 laws and regulations applicable to oil, gas, and other min17 erals leases, permits, licenses and operating contracts; for 

18 energy-related or other authorized marine-related purposes 

19 on the Outer Continental Shelf; and for matching grants 

20 or cooperative agreements, $175,217,000, to remain avail21 able until September 30, 2011, of which $89,374,000 shall 

22 be available for royalty management activities; and an 

23 amount not to exceed $156,730,000, to be credited to this 

24 appropriation and to remain available until expended, 

25 from additions to receipts resulting from increases to rates 


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1 in effect on August 5, 1993, and from cost recovery fees: 

2 Provided, That notwithstanding 31 U.S.C. 3302, in fiscal 

3 year 2010, such amounts as are assessed under 31 U.S.C. 

4 9701 shall be collected and credited to this account and shall 

5 be available until expended for necessary expenses: Provided 

6 further, That to the extent $156,730,000 in addition to re7 ceipts are not realized from the sources of receipts stated 

8 above, the amount needed to reach $156,730,000 shall be 

9 credited to this appropriation from receipts resulting from 

10 rental rates for Outer Continental Shelf leases in effect be11 fore August 5, 1993: Provided further, That the term ‘‘quali12 fied Outer Continental Shelf revenues’’, as defined in sec13 tion 102(9)(A) of the Gulf of Mexico Energy Security Act, 

14 division C of Public Law 109–432, shall include only the 

15 portion of rental revenues that would have been collected 

16 at the rental rates in effect before August 5, 1993: Provided 

17 further, That not to exceed $3,000 shall be available for rea18 sonable expenses related to promoting volunteer beach and 

19 marine cleanup activities: Provided further, That notwith20 standing any other provision of law, $15,000 under this 

21 heading shall be available for refunds of overpayments in 

22 connection with certain Indian leases in which the Director 

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

24 amounts owed to Indian allottees or tribes, or to correct 

25 prior unrecoverable erroneous payments: Provided further, 


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1 That for the costs of administration of the Coastal Impact 

2 Assistance Program authorized by section 31 of the Outer 

3 Continental Shelf Lands Act, as amended (43 U.S.C. 

4 1456a), MMS in fiscal year 2010 may retain up to 4 per5 cent of the amounts which are disbursed under section 

6 31(b)(1), such retained amounts to remain available until 

7 expended. 

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

9 available until expended, which shall be derived from non10 refundable inspection fees collected in fiscal year 2010, as 

11 provided in this Act: Provided, That to the extent that such 

12 amounts are not realized from such fees, the amount needed 

13 to reach $10,000,000 shall be credited to this appropriation 

14 from receipts resulting from rental rates for Outer Conti15 nental Shelf leases in effect before August 5, 1993. 

16 OIL SPILL RESEARCH

17 For necessary expenses to carry out title I, section 

18 1016, title IV, sections 4202 and 4303, title VII, and title 

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

20 $6,303,000, which shall be derived from the Oil Spill Liabil21 ity Trust Fund, to remain available until expended. 

22 ADMINISTRATIVE PROVISION

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

24 Mineral Leasing Act, as amended (30 U.S.C. 191(b)), the 

25 Secretary shall deduct 2 percent from the amount payable 


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1 to each State in fiscal year 2010 and deposit the amount 

2 deducted to miscellaneous receipts of the Treasury. 

3 OFFICE OF SURFACE MINING RECLAMATION AND

4 ENFORCEMENT

5 REGULATION AND TECHNOLOGY

6 For necessary expenses to carry out the provisions of 

7 the Surface Mining Control and Reclamation Act of 1977, 

8 Public Law 95–87, as amended, $127,180,000, to remain 

9 available until September 30, 2011: Provided, That appro10 priations for the Office of Surface Mining Reclamation and 

11 Enforcement may provide for the travel and per diem ex12 penses of State and tribal personnel attending Office of Sur13 face Mining Reclamation and Enforcement sponsored 

14 training. 

15 ABANDONED MINE RECLAMATION FUND

16 For necessary expenses to carry out title IV of the Sur17 face Mining Control and Reclamation Act of 1977, Public 

18 Law 95–87, as amended, $39,588,000, to be derived from 

19 receipts of the Abandoned Mine Reclamation Fund and to 

20 remain available until expended: Provided, That pursuant 

21 to Public Law 97–365, the Department of the Interior is 

22 authorized to use up to 20 percent from the recovery of the 

23 delinquent debt owed to the United States Government to 

24 pay for contracts to collect these debts: Provided further, 

25 That funds made available under title IV of Public Law 


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1 95–87 may be used for any required non-Federal share of 

2 the cost of projects funded by the Federal Government for 

3 the purpose of environmental restoration related to treat4 ment or abatement of acid mine drainage from abandoned 

5 mines: Provided further, That such projects must be con6 sistent with the purposes and priorities of the Surface Min7 ing Control and Reclamation Act: Provided further, That 

8 amounts provided under this heading may be used for the 

9 travel and per diem expenses of State and tribal personnel 

10 attending Office of Surface Mining Reclamation and En11 forcement sponsored training. 

12 ADMINISTRATIVE PROVISION

13 With funds available for the Technical Innovation and 

14 Professional Services program in this Act, the Secretary 

15 may transfer title for computer hardware, software and 

16 other technical equipment to State and tribal regulatory 

17 and reclamation programs. 

18 BUREAU OF INDIAN AFFAIRS

19 OPERATION OF INDIAN PROGRAMS

20 (INCLUDING TRANSFER OF FUNDS)

21 For expenses necessary for the operation of Indian pro22 grams, as authorized by law, including the Snyder Act of 

23 November 2, 1921 (25 U.S.C. 13), the Indian Self-Deter24 mination and Education Assistance Act of 1975 (25 U.S.C. 

25 450 et seq.), as amended, the Education Amendments of 


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1 1978 (25 U.S.C. 2001–2019), and the Tribally Controlled 

2 Schools Act of 1988 (25 U.S.C. 2501 et seq.), as amended, 

3 $2,309,322,000, to remain available until September 30, 

4 2011 except as otherwise provided herein; of which not to 

5 exceed $8,500 may be for official reception and representa6 tion expenses; of which not to exceed $74,915,000 shall be 

7 for welfare assistance payments: Provided, That in cases of 

8 designated Federal disasters, the Secretary may exceed such 

9 cap, from the amounts provided herein, to provide for dis10 aster relief to Indian communities affected by the disaster; 

11 of which, notwithstanding any other provision of law, in12 cluding but not limited to the Indian Self-Determination 

13 Act of 1975, as amended, not to exceed $154,794,000 shall 

14 be available for payments for contract support costs associ15 ated with ongoing contracts, grants, compacts, or annual 

16 funding agreements entered into with the Bureau prior to 

17 or during fiscal year 2010, as authorized by such Act, ex18 cept that tribes and tribal organizations may use their trib19 al priority allocations for unmet contract support costs of 

20 ongoing contracts, grants, or compacts, or annual funding 

21 agreements and for unmet welfare assistance costs; of which 

22 not to exceed $566,702,000 for school operations costs of Bu23 reau-funded schools and other education programs shall be24 come available on July 1, 2010, and shall remain available 

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


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1 public safety and justice programs as authorized by the 

2 Emergency Fund for Indian Safety and Health, established 

3 by section 601 of Public Law 110–293 (25 U.S.C. 443c); 

4 and of which not to exceed $60,958,000 shall remain avail5 able until expended for housing improvement, road mainte6 nance, attorney fees, litigation support, the Indian Self-De7 termination Fund, land records improvement, and the Nav8 ajo-Hopi Settlement Program: Provided further, That not9 withstanding any other provision of law, including but not 

10 limited to the Indian Self-Determination Act of 1975, as 

11 amended, and 25 U.S.C. 2008, not to exceed $43,373,000 

12 within and only from such amounts made available for 

13 school operations shall be available for administrative cost 

14 grants associated with ongoing grants entered into with the 

15 Bureau prior to or during fiscal year 2009 for the operation 

16 of Bureau-funded schools, and up to $500,000 within and 

17 only from such amounts made available for administrative 

18 cost grants shall be available for the transitional costs of 

19 initial administrative cost grants to grantees that assume 

20 operation on or after July 1, 2009, of Bureau-funded 

21 schools: Provided further, That any forestry funds allocated 

22 to a tribe which remain unobligated as of September 30, 

23 2011, may be transferred during fiscal year 2012 to an In24 dian forest land assistance account established for the ben25 efit of the holder of the funds within the holder’s trust fund 


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1 account: Provided further, That any such unobligated bal2 ances not so transferred shall expire on September 30, 2012: 

3 Provided further, That in order to enhance the safety of Bu4 reau field employees, the Bureau may use funds to purchase 

5 uniforms or other identifying articles of clothing for per6 sonnel. 

7 CONSTRUCTION

8 (INCLUDING TRANSFER OF FUNDS)

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

11 and other facilities, including architectural and engineering 

12 services by contract; acquisition of lands, and interests in 

13 lands; and preparation of lands for farming, and for con14 struction of the Navajo Indian Irrigation Project pursuant 

15 to Public Law 87–483, $225,000,000, to remain available 

16 until expended: Provided, That such amounts as may be 

17 available for the construction of the Navajo Indian Irriga18 tion Project may be transferred to the Bureau of Reclama19 tion: Provided further, That not to exceed 6 percent of con20 tract authority available to the Bureau of Indian Affairs 

21 from the Federal Highway Trust Fund may be used to cover 

22 the road program management costs of the Bureau: Pro23 vided further, That any funds provided for the Safety of 

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

25 available on a nonreimbursable basis: Provided further, 


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1 That for fiscal year 2010, in implementing new construc2 tion or facilities improvement and repair project grants in 

3 excess of $100,000 that are provided to grant schools under 

4 Public Law 100–297, as amended, the Secretary of the Inte5 rior shall use the Administrative and Audit Requirements 

6 and Cost Principles for Assistance Programs contained in 

7 43 CFR part 12 as the regulatory requirements: Provided 

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

9 12.61 of 43 CFR; the Secretary and the grantee shall nego10 tiate and determine a schedule of payments for the work 

11 to be performed: Provided further, That in considering 

12 grant applications, the Secretary shall consider whether 

13 such grantee would be deficient in assuring that the con14 struction projects conform to applicable building standards 

15 and codes and Federal, tribal, or State health and safety 

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

17 to organizational and financial management capabilities: 

18 Provided further, That if the Secretary declines a grant ap19 plication, the Secretary shall follow the requirements con20 tained in 25 U.S.C. 2504(f): Provided further, That any 

21 disputes between the Secretary and any grantee concerning 

22 a grant shall be subject to the disputes provision in 25 

23 U.S.C. 2507(e): Provided further, That in order to ensure 

24 timely completion of construction projects, the Secretary 

25 may assume control of a project and all funds related to 


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1 the project, if, within eighteen months of the date of enact2 ment of this Act, any grantee receiving funds appropriated 

3 in this Act or in any prior Act, has not completed the plan4 ning and design phase of the project and commenced con5 struction: Provided further, That this appropriation may 

6 be reimbursed from the Office of the Special Trustee for 

7 American Indians appropriation for the appropriate share 

8 of construction costs for space expansion needed in agency 

9 offices to meet trust reform implementation. 

10 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

11 MISCELLANEOUS PAYMENTS TO INDIANS

12 For payments and necessary administrative expenses 

13 for implementation of Indian land and water claim settle14 ments pursuant to Public Laws 99–264, 100–580, 101–618, 

15 108–447, 109–379, 109–479, 110–297, and 111–11, and for 

16 implementation of other land and water rights settlements, 

17 $47,380,000, to remain available until expended. 

18 INDIAN LAND CONSOLIDATION, BIA

19 For consolidation of fractional interests in Indian 

20 lands and expenses associated with redetermining and re21 distributing escheated interests in allotted lands, and for 

22 necessary expenses to carry out the Indian Land Consolida23 tion Act of 1983, as amended, by direct expenditure or coop24 erative agreement, $3,000,000, to remain available until ex25 pended. 


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1 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

2 For the cost of guaranteed loans and insured loans, 

3 $8,215,000, of which $1,629,000 is for administrative ex4 penses, as authorized by the Indian Financing Act of 1974, 

5 as amended: Provided, That such costs, including the cost 

6 of modifying such loans, shall be as defined in section 502 

7 of the Congressional Budget Act of 1974: Provided further, 

8 That these funds are available to subsidize total loan prin9 cipal, any part of which is to be guaranteed or insured, 

10 not to exceed $93,807,956. 

11 ADMINISTRATIVE PROVISIONS

12 The Bureau of Indian Affairs may carry out the oper13 ation of Indian programs by direct expenditure, contracts, 

14 cooperative agreements, compacts and grants, either di15 rectly or in cooperation with States and other organiza16 tions. 

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

18 Affairs may contract for services in support of the manage19 ment, operation, and maintenance of the Power Division 

20 of the San Carlos Irrigation Project. 

21 Appropriations for the Bureau of Indian Affairs (ex22 cept the Revolving Fund for Loans Liquidating Account, 

23 Indian Loan Guaranty and Insurance Fund Liquidating 

24 Account, Indian Guaranteed Loan Financing Account, In25 dian Direct Loan Financing Account, and the Indian 


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1 Guaranteed Loan Program account) shall be available for 

2 expenses of exhibits. 

3 Notwithstanding any other provision of law, no funds 

4 available to the Bureau of Indian Affairs for central office 

5 oversight and Executive Direction and Administrative 

6 Services (except executive direction and administrative 

7 services funding for Tribal Priority Allocations, regional of8 fices, and facilities operations and maintenance) shall be 

9 available for contracts, grants, compacts, or cooperative 

10 agreements with the Bureau of Indian Affairs under the 

11 provisions of the Indian Self-Determination Act or the 

12 Tribal Self-Governance Act of 1994 (Public Law 103–413). 

13 In the event any tribe returns appropriations made 

14 available by this Act to the Bureau of Indian Affairs, this 

15 action shall not diminish the Federal Government’s trust 

16 responsibility to that tribe, or the government-to-govern17 ment relationship between the United States and that tribe, 

18 or that tribe’s ability to access future appropriations. 

19 Notwithstanding any other provision of law, no funds 

20 available to the Bureau, other than the amounts provided 

21 herein for assistance to public schools under 25 U.S.C. 452 

22 et seq., shall be available to support the operation of any 

23 elementary or secondary school in the State of Alaska. 

24 Appropriations made available in this or any other 

25 Act for schools funded by the Bureau shall be available only 


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1 to the schools in the Bureau school system as of September 

2 1, 1996. No funds available to the Bureau shall be used to 

3 support expanded grades for any school or dormitory be4 yond the grade structure in place or approved by the Sec5 retary of the Interior at each school in the Bureau school 

6 system as of October 1, 1995. Funds made available under 

7 this Act may not be used to establish a charter school at 

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

9 1146 of the Education Amendments of 1978 (25 U.S.C. 

10 2026)), except that a charter school that is in existence on 

11 the date of the enactment of this Act and that has operated 

12 at a Bureau-funded school before September 1, 1999, may 

13 continue to operate during that period, but only if the char14 ter school pays to the Bureau a pro rata share of funds 

15 to reimburse the Bureau for the use of the real and personal 

16 property (including buses and vans), the funds of the char17 ter school are kept separate and apart from Bureau funds, 

18 and the Bureau does not assume any obligation for charter 

19 school programs of the State in which the school is located 

20 if the charter school loses such funding. Employees of Bu21 reau-funded schools sharing a campus with a charter school 

22 and performing functions related to the charter schools op23 eration and employees of a charter school shall not be treat24 ed as Federal employees for purposes of chapter 171 of title 

25 28, United States Code. 


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1 Notwithstanding any other provision of law, including 

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

3 113, if in fiscal year 2003 or 2004 a grantee received indi4 rect and administrative costs pursuant to a distribution 

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

6 Secretary shall continue to distribute indirect and adminis7 trative cost funds to such grantee using the section 5(f) dis8 tribution formula. 

9 DEPARTMENTAL OFFICES

10 OFFICE OF THE SECRETARY

11 SALARIES AND EXPENSES

12 For necessary expenses for management of the Depart13 ment of the Interior, $118,836,000; of which not to exceed 

14 $25,000 may be for official reception and representation ex15 penses; and of which up to $1,000,000 shall be available 

16 for workers compensation payments and unemployment 

17 compensation payments associated with the orderly closure 

18 of the United States Bureau of Mines: Provided, That, for 

19 fiscal year 2010 up to $400,000 of the payments authorized 

20 by the Act of October 20, 1976, as amended (31 U.S.C. 

21 6901–6907) may be retained for administrative expenses of 

22 the Payments in Lieu of Taxes Program: Provided further, 

23 That no payment shall be made pursuant to that Act to 

24 otherwise eligible units of local government if the computed 

25 amount of the payment is less than $100: Provided further, 


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1 That for fiscal years 2008 through 2012 the Secretary may 

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

3 as amended, for an individual county by the amount nec4 essary to correct prior year overpayments to that county: 

5 Provided further, That for fiscal years 2008 through 2012 

6 the amount needed to correct a prior year underpayment 

7 to an individual county shall be paid from any reductions 

8 for overpayments to other counties and the amount nec9 essary to cover any remaining underpayment is hereby ap10 propriated and shall be paid to individual counties using 

11 current fiscal year funds. 

12 INSULAR AFFAIRS

13 ASSISTANCE TO TERRITORIES

14 For expenses necessary for assistance to territories 

15 under the jurisdiction of the Department of the Interior, 

16 $81,095,000, of which: (1) $71,815,000 shall remain avail17 able until expended for technical assistance, including 

18 maintenance assistance, disaster assistance, insular man19 agement controls, coral reef initiative activities, and brown 

20 tree snake control and research; grants to the judiciary in 

21 American Samoa for compensation and expenses, as au22 thorized by law (48 U.S.C. 1661(c)); grants to the Govern23 ment of American Samoa, in addition to current local reve24 nues, for construction and support of governmental func25 tions; grants to the Government of the Virgin Islands as 


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

2 authorized by law; and grants to the Government of the 

3 Northern Mariana Islands as authorized by law (Public 

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

5 available until September 30, 2011 for salaries and ex6 penses of the Office of Insular Affairs: Provided, That all 

7 financial transactions of the territorial and local govern8 ments herein provided for, including such transactions of 

9 all agencies or instrumentalities established or used by such 

10 governments, may be audited by the Government Account11 ability Office, at its discretion, in accordance with chapter 

12 35 of title 31, United States Code: Provided further, That 

13 Northern Mariana Islands Covenant grant funding shall be 

14 provided according to those terms of the Agreement of the 

15 Special Representatives on Future United States Financial 

16 Assistance for the Northern Mariana Islands approved by 

17 Public Law 104–134: Provided further, That the funds for 

18 the program of operations and maintenance improvement 

19 are appropriated to institutionalize routine operations and 

20 maintenance improvement of capital infrastructure with 

21 territorial participation and cost sharing to be determined 

22 by the Secretary based on the grantee’s commitment to time23 ly maintenance of its capital assets: Provided further, That 

24 any appropriation for disaster assistance under this head25 ing in this Act or previous appropriations Acts may be used 


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1 as non-Federal matching funds for the purpose of hazard 

2 mitigation grants provided pursuant to section 404 of the 

3 Robert T. Stafford Disaster Relief and Emergency Assist4 ance Act (42 U.S.C. 5170c): Provided further, That at the 

5 request of the Governor of Guam, the Secretary may trans6 fer any mandatory or discretionary funds appropriated, in7 cluding those provided under Public Law 104–134, to the 

8 Secretary of Agriculture for the subsidy cost of direct or 

9 guaranteed loans, plus not to exceed 3 percent of the amount 

10 of the subsidy transferred for the cost of loan administra11 tion, for the purposes authorized by the Rural Electrifica12 tion Act of 1936 and section 306(a)(1) of the Consolidated 

13 Farm and Rural Development Act for construction and re14 pair projects in Guam, and such funds shall remain avail15 able until expended: Provided further, That such costs, in16 cluding the cost of modifying such loans, shall be as defined 

17 in section 502 of the Congressional Budget Act of 1974: Pro18 vided further, That such loans or loan guarantees may be 

19 made without regard to the population of the area, credit 

20 elsewhere requirements, and restrictions on the types of eli21 gible entities under the Rural Electrification Act of 1936 

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

23 Development Act: Provided further, That any funds trans24 ferred to the Secretary of Agriculture shall be in addition 


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1 to funds otherwise made available to make or guarantee 

2 loans under such authorities. 

3 COMPACT OF FREE ASSOCIATION

4 For grants and necessary expenses, $5,318,000, to re5 main available until expended, as provided for in sections 

6 221(a)(2), 221(b), and 233 of the Compact of Free Associa7 tion for the Republic of Palau; and section 221(a)(2) of the 

8 Compacts of Free Association for the Government of the Re9 public of the Marshall Islands and the Federated States of 

10 Micronesia, as authorized by Public Law 99–658 and Pub11 lic Law 108–188: Provided further, That at the request of 

12 the Governor of Guam, the Secretary may transfer any 

13 mandatory or discretionary funds appropriated, including 

14 those provided under section 104(e) of Public Law 108–188, 

15 to the Secretary of Agriculture for the subsidy cost of direct 

16 or guaranteed loans, plus not to exceed 3 percent of the 

17 amount of the subsidy transferred for the cost of loan ad18 ministration, for the purposes authorized by the Rural Elec19 trification Act of 1936 and section 306(a)(1) of the Consoli20 dated Farm and Rural Development Act for construction 

21 and repair projects in Guam, and such funds shall remain 

22 available until expended: Provided further, That such costs, 

23 including the cost of modifying such loans, shall be as de24 fined in section 502 of the Congressional Budget Act of 

25 1974: Provided further, That such loans or loan guarantees 


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1 may be made without regard to the population of the area, 

2 credit elsewhere requirements, and restrictions on the types 

3 of eligible entities under the Rural Electrification Act of 

4 1936 and section 306(a)(1) of the Consolidated Farm and 

5 Rural Development Act: Provided further, That any funds 

6 transferred to the Secretary of Agriculture shall be in addi7 tion to funds otherwise made available to make or guar8 antee loans under such authorities. 

9 OFFICE OF THE SOLICITOR

10 SALARIES AND EXPENSES

11 For necessary expenses of the Office of the Solicitor, 

12 $65,076,000. 

13 OFFICE OF INSPECTOR GENERAL

14 SALARIES AND EXPENSES

15 For necessary expenses of the Office of Inspector Gen16 eral, $48,590,000. 

17 OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN

18 INDIANS

19 FEDERAL TRUST PROGRAMS

20 (INCLUDING TRANSFER OF FUNDS)

21 For the operation of trust programs for Indians by di22 rect expenditure, contracts, cooperative agreements, com23 pacts, and grants, $185,984,000, to remain available until 

24 expended, of which not to exceed $56,536,000 from this or 

25 any other Act, shall be available for historical accounting, 


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1 and of which $1,500,000 shall be available for the estate 

2 planning assistance program under section 207(f) of the In3 dian Land Consolidation Act (25 U.S.C. 2206(f)): Pro4 vided, That funds for trust management improvements and 

5 litigation support may, as needed, be transferred to or 

6 merged with the Bureau of Indian Affairs, ‘‘Operation of 

7 Indian Programs’’ account; the Office of the Solicitor, ‘‘Sal8 aries and Expenses’’ account; and the Office of the Sec9 retary, ‘‘Salaries and Expenses’’ account: Provided further, 

10 That funds made available through contracts or grants obli11 gated during fiscal year 2010, as authorized by the Indian 

12 Self-Determination Act of 1975 (25 U.S.C. 450 et seq.), 

13 shall remain available until expended by the contractor or 

14 grantee: Provided further, That, notwithstanding any other 

15 provision of law, the statute of limitations shall not com16 mence to run on any claim, including any claim in litiga17 tion pending on the date of the enactment of this Act, con18 cerning losses to or mismanagement of trust funds, until 

19 the affected tribe or individual Indian has been furnished 

20 with an accounting of such funds from which the bene21 ficiary can determine whether there has been a loss: Pro22 vided further, That, notwithstanding any other provision 

23 of law, the Secretary shall not be required to provide a 

24 quarterly statement of performance for any Indian trust ac25 count that has not had activity for at least 18 months and 


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1 has a balance of $15.00 or less: Provided further, That the 

2 Secretary shall issue an annual account statement and 

3 maintain a record of any such accounts and shall permit 

4 the balance in each such account to be withdrawn upon the 

5 express written request of the account holder: Provided fur6 ther, That not to exceed $50,000 is available for the Sec7 retary to make payments to correct administrative errors 

8 of either disbursements from or deposits to Individual In9 dian Money or Tribal accounts after September 30, 2002: 

10 Provided further, That erroneous payments that are recov11 ered shall be credited to and remain available in this ac12 count for this purpose. 

13 DEPARTMENT-WIDE PROGRAMS

14 WILDLAND FIRE MANAGEMENT

15 (INCLUDING TRANSFERS OF FUNDS)

16 For necessary expenses for fire preparedness, suppres17 sion operations, fire science and research, emergency reha18 bilitation, hazardous fuels reduction, and rural fire assist19 ance by the Department of the Interior, $904,637,000, to 

20 remain available until expended, of which not to exceed 

21 $6,137,000 shall be for the renovation or construction of fire 

22 facilities: Provided, That such funds are also available for 

23 repayment of advances to other appropriation accounts 

24 from which funds were previously transferred for such pur25 poses: Provided further, That persons hired pursuant to 43 


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1 U.S.C. 1469 may be furnished subsistence and lodging with2 out cost from funds available from this appropriation: Pro3 vided further, That notwithstanding 42 U.S.C. 1856d, sums 

4 received by a bureau or office of the Department of the Inte5 rior for fire protection rendered pursuant to 42 U.S.C. 1856 

6 et seq., protection of United States property, may be cred7 ited to the appropriation from which funds were expended 

8 to provide that protection, and are available without fiscal 

9 year limitation: Provided further, That using the amounts 

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

11 Interior may enter into procurement contracts, grants, or 

12 cooperative agreements, for hazardous fuels reduction ac13 tivities, and for training and monitoring associated with 

14 such hazardous fuels reduction activities, on Federal land, 

15 or on adjacent non-Federal land for activities that benefit 

16 resources on Federal land: Provided further, That the costs 

17 of implementing any cooperative agreement between the 

18 Federal Government and any non-Federal entity may be 

19 shared, as mutually agreed on by the affected parties: Pro20 vided further, That notwithstanding requirements of the 

21 Competition in Contracting Act, the Secretary, for purposes 

22 of hazardous fuels reduction activities, may obtain max23 imum practicable competition among: (1) local private, 

24 nonprofit, or cooperative entities; (2) Youth Conservation 

25 Corps crews, Public Lands Corps (Public Law 109–154), 


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1 or related partnerships with State, local, or non-profit 

2 youth groups; (3) small or micro-businesses; or (4) other 

3 entities that will hire or train locally a significant percent4 age, defined as 50 percent or more, of the project workforce 

5 to complete such contracts: Provided further, That in imple6 menting this section, the Secretary shall develop written 

7 guidance to field units to ensure accountability and con8 sistent application of the authorities provided herein: Pro9 vided further, That funds appropriated under this head 

10 may be used to reimburse the United States Fish and Wild11 life Service and the National Marine Fisheries Service for 

12 the costs of carrying out their responsibilities under the En13 dangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to 

14 consult and conference, as required by section 7 of such Act, 

15 in connection with wildland fire management activities: 

16 Provided further, That the Secretary of the Interior may 

17 use wildland fire appropriations to enter into non-competi18 tive sole source leases of real property with local govern19 ments, at or below fair market value, to construct capital20 ized improvements for fire facilities on such leased prop21 erties, including but not limited to fire guard stations, re22 tardant stations, and other initial attack and fire support 

23 facilities, and to make advance payments for any such lease 

24 or for construction activity associated with the lease: Pro25 vided further, That the Secretary of the Interior and the 


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1 Secretary of Agriculture may authorize the transfer of funds 

2 appropriated for wildland fire management, in an aggre3 gate amount not to exceed $10,000,000, between the Depart4 ments when such transfers would facilitate and expedite 

5 jointly funded wildland fire management programs and 

6 projects: Provided further, That funds provided for wildfire 

7 suppression shall be available for support of Federal emer8 gency response actions. 

9 CENTRAL HAZARDOUS MATERIALS FUND

10 For necessary expenses of the Department of the Inte11 rior and any of its component offices and bureaus for the 

12 response action, including associated activities, performed 

13 pursuant to the Comprehensive Environmental Response, 

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

15 9601 et seq.), $10,175,000, to remain available until ex16 pended: Provided, That Public Law 110–161 (121 Stat. 

17 2116) under this heading is amended by striking ‘‘in ad18 vance of or as reimbursement for remedial action or re19 sponse activities conducted by the Department pursuant to 

20 section 107 or 113(f) of such Act’’ and inserting in lieu 

21 thereof ‘‘including any fines or penalties’’. 


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1 NATURAL RESOURCE DAMAGE ASSESSMENT AND

2 RESTORATION

3 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

4 To conduct natural resource damage assessment and 

5 restoration activities by the Department of the Interior nec6 essary to carry out the provisions of the Comprehensive En7 vironmental Response, Compensation, and Liability Act, as 

8 amended (42 U.S.C. 9601 et seq.), the Federal Water Pollu9 tion Control Act, as amended (33 U.S.C. 1251 et seq.), the 

10 Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and Pub11 lic Law 101–337, as amended (16 U.S.C. 19jj et seq.), 

12 $6,462,000, to remain available until expended. 

13 WORKING CAPITAL FUND

14 For the acquisition of a departmental financial and 

15 business management system and information technology 

16 improvements of general benefit to the Department, 

17 $85,823,000, to remain available until expended: Provided, 

18 That none of the funds in this Act or previous appropria19 tions Acts may be used to establish reserves in the Working 

20 Capital Fund account other than for accrued annual leave 

21 and depreciation of equipment without prior approval of 

22 the House and Senate Committees on Appropriations: Pro23 vided further, That the Secretary may assess reasonable 

24 charges to State, local and tribal government employees for 

25 training services provided by the National Indian Program 


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1 Training Center, other than training related to Public Law 

2 93–638: Provided further, That the Secretary may lease or 

3 otherwise provide space and related facilities, equipment or 

4 professional services of the National Indian Program 

5 Training Center to State, local and tribal government em6 ployees or persons or organizations engaged in cultural, 

7 educational, or recreational activities (as defined in 40 

8 U.S.C. 3306(a)) at the prevailing rate for similar space, 

9 facilities, equipment, or services in the vicinity of the Na10 tional Indian Program Training Center: Provided further, 

11 That all funds received pursuant to the two preceding pro12 visos shall be credited to this account, shall be available 

13 until expended, and shall be used by the Secretary for nec14 essary expenses of the National Indian Program Training 

15 Center. 

16 ADMINISTRATIVE PROVISION

17 There is hereby authorized for acquisition from avail18 able resources within the Working Capital Fund, 15 air19 craft, 10 of which shall be for replacement and which may 

20 be obtained by donation, purchase or through available ex21 cess surplus property: Provided, That existing aircraft 

22 being replaced may be sold, with proceeds derived or trade23 in value used to offset the purchase price for the replacement 

24 aircraft. 


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1 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

2 EMERGENCY TRANSFER AUTHORITY—INTRA-BUREAU

3 (INCLUDING TRANSFERS OF FUNDS)

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

5 available for expenditure or transfer (within each bureau 

6 or office), with the approval of the Secretary, for the emer7 gency reconstruction, replacement, or repair of aircraft, 

8 buildings, utilities, or other facilities or equipment dam9 aged or destroyed by fire, flood, storm, or other unavoidable 

10 causes: Provided, That no funds shall be made available 

11 under this authority until funds specifically made available 

12 to the Department of the Interior for emergencies shall have 

13 been exhausted. 

14 EMERGENCY TRANSFER AUTHORITY—DEPARTMENT-WIDE

15 SEC. 102. The Secretary may authorize the expendi16 ture or transfer of any no year appropriation in this title, 

17 for the suppression or emergency prevention of wildland 

18 fires on or threatening lands under the jurisdiction of the 

19 Department of the Interior; for the emergency rehabilitation 

20 of burned-over lands under its jurisdiction; for emergency 

21 actions related to potential or actual earthquakes, floods, 

22 volcanoes, storms, or other unavoidable causes; for contin23 gency planning subsequent to actual oil spills; for response 

24 and natural resource damage assessment activities related 

25 to actual oil spills; for the prevention, suppression, and conVerDate Nov 24 2008 02:13 Sep 26, 2009 Jkt 079200 PO 00000 Frm 00166 Fmt 6652 Sfmt 6203 E:\BILLS\H2996.PP H2996

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1 trol of actual or potential grasshopper and Mormon cricket 

2 outbreaks on lands under the jurisdiction of the Secretary, 

3 pursuant to the authority in section 1773(b) of Public Law 

4 99–198 (99 Stat. 1658); for emergency reclamation projects 

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

6 from any no year funds available to the Office of Surface 

7 Mining Reclamation and Enforcement, such funds as may 

8 be necessary to permit assumption of regulatory authority 

9 in the event a primacy State is not carrying out the regu10 latory provisions of the Surface Mining Act: Provided, That 

11 appropriations made in this title for wildland fire oper12 ations shall be available for the payment of obligations in13 curred during the preceding fiscal year, and for reimburse14 ment to other Federal agencies for destruction of vehicles, 

15 aircraft, or other equipment in connection with their use 

16 for wildland fire operations, such reimbursement to be cred17 ited to appropriations currently available at the time of 

18 receipt thereof: Provided further, That for wildland fire op19 erations, no funds shall be made available under this au20 thority until the Secretary determines that funds appro21 priated for ‘‘wildland fire operations’’ shall be exhausted 

22 within 30 days: Provided further, That all funds used pur23 suant to this section must be replenished by a supplemental 

24 appropriation which must be requested as promptly as pos25 sible: Provided further, That such replenishment funds shall 


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1 be used to reimburse, on a pro rata basis, accounts from 

2 which emergency funds were transferred. 

3 AUTHORIZED USE OF FUNDS

4 SEC. 103. Appropriations made to the Department of 

5 the Interior in this title shall be available for services as 

6 authorized by 5 U.S.C. 3109, when authorized by the Sec7 retary, in total amount not to exceed $500,000; purchase 

8 and replacement of motor vehicles, including specially 

9 equipped law enforcement vehicles; hire, maintenance, and 

10 operation of aircraft; hire of passenger motor vehicles; pur11 chase of reprints; payment for telephone service in private 

12 residences in the field, when authorized under regulations 

13 approved by the Secretary; and the payment of dues, when 

14 authorized by the Secretary, for library membership in soci15 eties or associations which issue publications to members 

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

17 who are not members. 

18 AUTHORIZED USE OF FUNDS

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

20 headings Bureau of Indian Affairs and Office of the Special 

21 Trustee for American Indians and any unobligated bal22 ances from prior appropriations Acts made under the same 

23 headings shall be available for expenditure or transfer for 

24 Indian trust management and reform activities. Total 

25 funding for historical accounting activities shall not exceed 


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1 amounts specifically designated in this Act for such pur2 pose. 

3 REDISTRIBUTION OF FUNDS

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

5 the Secretary of the Interior is authorized to redistribute 

6 any Tribal Priority Allocation funds, including tribal base 

7 funds, to alleviate tribal funding inequities by transferring 

8 funds to address identified, unmet needs, dual enrollment, 

9 overlapping service areas or inaccurate distribution meth10 odologies. No federally recognized tribe shall receive a reduc11 tion in Tribal Priority Allocation funds of more than 10 

12 percent in fiscal year 2010. Under circumstances of dual 

13 enrollment, overlapping service areas or inaccurate dis14 tribution methodologies, the 10 percent limitation does not 

15 apply. 

16 TWIN CITIES RESEARCH CENTER

17 SEC. 106. Notwithstanding any other provision of law, 

18 in conveying the Twin Cities Research Center under the au19 thority provided by Public Law 104–134, as amended by 

20 Public Law 104–208, the Secretary may accept and retain 

21 land and other forms of reimbursement: Provided, That the 

22 Secretary may retain and use any such reimbursement 

23 until expended and without further appropriation: (1) for 

24 the benefit of the National Wildlife Refuge System within 


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1 the State of Minnesota; and (2) for all activities authorized 

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

3 PAYMENT OF FEES

4 SEC. 107. The Secretary of the Interior may use discre5 tionary funds to pay private attorney fees and costs for em6 ployees and former employees of the Department of the Inte7 rior reasonably incurred in connection with Cobell v. 

8 Salazar to the extent that such fees and costs are not paid 

9 by the Department of Justice or by private insurance. In 

10 no case shall the Secretary make payments under this sec11 tion that would result in payment of hourly fees in excess 

12 of the highest hourly rate approved by the District Court 

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

14 ELLIS, GOVERNORS, AND LIBERTY ISLANDS

15 SEC. 108. Notwithstanding any other provision of law, 

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

17 waters, or interests therein including the use of all or part 

18 of any pier, dock, or landing within the State of New York 

19 and the State of New Jersey, for the purpose of operating 

20 and maintaining facilities in the support of transportation 

21 and accommodation of visitors to Ellis, Governors, and Lib22 erty Islands, and of other program and administrative ac23 tivities, by donation or with appropriated funds, including 

24 franchise fees (and other monetary consideration), or by ex25 change; and the Secretary is authorized to negotiate and 


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1 enter into leases, subleases, concession contracts or other 

2 agreements for the use of such facilities on such terms and 

3 conditions as the Secretary may determine reasonable. 

4 PROHIBITION ON USE OF FUNDS

5 SEC. 109. (a) Any proposed new use of the Arizona 

6 & California Railroad Company’s Right of Way for convey7 ance of water shall not proceed unless the Secretary of the 

8 Interior certifies that the proposed new use is within the 

9 scope of the Right of Way. 

10 (b) No funds appropriated or otherwise made available 

11 to the Department of the Interior may be used, in relation 

12 to any proposal to store water underground for the purpose 

13 of export, for approval of any right-of-way or similar au14 thorization on the Mojave National Preserve or lands man15 aged by the Needles Field Office of the Bureau of Land Man16 agement, or for carrying out any activities associated with 

17 such right-of-way or similar approval. 

18 USE OF COOPERATIVE AGREEMENTS

19 SEC. 110. For fiscal year 2010, and each fiscal year 

20 thereafter, the Secretary of the Interior may enter into coop21 erative agreements with a State or political subdivision (in22 cluding any agency thereof), or any not-for-profit organiza23 tion if the agreement will: (1) serve a mutual interest of 

24 the parties to the agreement in carrying out the programs 

25 administered by the Department of the Interior; and (2) 


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1 all parties will contribute resources to the accomplishment 

2 of these objectives. At the discretion of the Secretary, such 

3 agreements shall not be subject to a competitive process. 

4 CONFORMING AMENDMENT

5 SEC. 111. Sections 109 and 110 of the Federal Oil and 

6 Gas Royalty Management Act (30 U.S.C. 1719 and 1720) 

7 shall, for fiscal year 2010 and each fiscal year thereafter, 

8 apply to any lease authorizing exploration for or develop9 ment of coal, any other solid mineral, or any geothermal 

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

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

12 form, for use of the Outer Continental Shelf or any of its 

13 resources under sections 8(k) or 8(p) of the Outer Conti14 nental Shelf Lands Act (43 U.S.C. 1337(k) and 1337(p)) 

15 to the same extent as if such lease, easement, right of way, 

16 or other agreement, regardless of form, were an oil and gas 

17 lease, except that in such cases the term ‘‘royalty payment’’ 

18 shall include any payment required by such lease, easement, 

19 right of way or other agreement, regardless of form, or by 

20 applicable regulation. 

21 PROHIBITION ON USE OF FUNDS, POINT REYES NATIONAL

22 SEASHORE

23 SEC. 112. None of the funds in this Act may be used 

24 to further reduce the number of Axis or Fallow deer at Point 


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1 Reyes National Seashore below the number as of the date 

2 of enactment of this Act. 

3 OUTER CONTINENTAL SHELF INSPECTION FEES

4 SEC. 113. (a) In fiscal year 2010, the Minerals Man5 agement Service (MMS) shall collect a non-refundable in6 spection fee, which shall be deposited in the ‘‘Royalty and 

7 Offshore Minerals Management’’ account, from the des8 ignated operator for facilities subject to inspection by MMS 

9 under 43 U.S.C. 1348(c) that are above the waterline, ex10 cept mobile offshore drilling units, and are in place at the 

11 start of fiscal year 2010. 

12 (b) Fees for 2010 shall be: 

13 (1) $2,000 for facilities with no wells, but with 

14 processing equipment or gathering lines; 

15 (2) $3,250 for facilities with one to ten wells, 

16 with any combination of active or inactive wells; and 

17 (3) $6,000 for facilities with more than ten wells, 

18 with any combination of active or inactive wells. 

19 (c) MMS will bill designated operators within 60 days 

20 of enactment of this Act, with payment required within 30 

21 days of billing. 

22 YOSEMITE NATIONAL PARK AUTHORIZED PAYMENTS, 

23 AMENDMENT

24 SEC. 114. Section 101(a)(1) of Public Law 109–131 

25 is amended by striking ‘‘2009’’ and inserting ‘‘2013’’. 


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1 NORTHERN PLAINS HERITAGE AREA, AMENDMENT

2 SEC. 115. Section 8004 of the Omnibus Public Land 

3 Management Act of 2009 (Public Law 111–11; 123 Stat. 

4 1240) is amended— 

5 (1) by redesignating subsections (g) through (i) 

6 as subsections (h) through (j), respectively; 

7 (2) in subsection (h)(1) (as redesignated by 

8 paragraph (1)), in the matter preceding subpara9 graph (A), by striking ‘‘subsection (i)’’ and inserting 

10 ‘‘subsection (j)’’; and 

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

12 ‘‘(g) REQUIREMENTS FOR INCLUSION AND REMOVAL

13 OF PROPERTY IN HERITAGE AREA.— 

14 ‘‘(1) PRIVATE PROPERTY INCLUSION.—No pri15 vately owned property shall be included in the Herit16 age Area unless the owner of the private property pro17 vides to the management entity a written request for 

18 the inclusion. 

19 ‘‘(2) PROPERTY REMOVAL.— 

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

21 an owner of private property included in the 

22 Heritage Area pursuant to paragraph (1), the 

23 private property shall be immediately with24 drawn from the Heritage Area if the owner of 


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1 the property provides to the management entity 

2 a written notice requesting removal. 

3 ‘‘(B) PUBLIC PROPERTY.—On written no4 tice from the appropriate State or local govern5 ment entity, public property included in the 

6 Heritage Area shall be immediately withdrawn 

7 from the Heritage Area.’’. 

8 PEARL HARBOR NAVAL COMPLEX, JOINT TICKETING

9 SEC. 116. (a) DEFINITIONS.—In this section: 

10 (1) HISTORIC ATTRACTION.—The term ‘‘historic 

11 attraction’’ mean a historic attraction within the 

12 Pearl Harbor Naval Complex, including— 

13 (A) the USS Bowfin Submarine Museum 

14 and Park; 

15 (B) the Battleship Missouri Memorial; 

16 (C) the Pacific Aviation Museum-Pearl 

17 Harbor; and 

18 (D) any other historic attraction within the 

19 Pearl Harbor Naval Complex that— 

20 (i) the Secretary identifies as a Pearl 

21 Harbor historic attraction; and 

22 (ii) is not administered or managed by 

23 the Secretary. 


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

2 the Word War II Valor in the Pacific National Monu3 ment in the State of Hawaii. 

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

5 the Secretary of the Interior. 

6 (4) VISITOR CENTER.—The term ‘‘Visitor Cen7 ter’’ means the visitor center located within the Pearl 

8 Harbor Naval Complex on land that is— 

9 (A) within the Monument; and 

10 (B) managed by the Secretary, acting 

11 through the Director of the National Park Serv12 ice. 

13 (b) FACILITATION OF ADMISSION TO HISTORIC AT14 TRACTIONS WITHIN PEARL HARBOR NAVAL COMPLEX.— 

15 (1) IN GENERAL.—In managing the Monument, 

16 the Secretary may enter into an agreement with any 

17 organization that is authorized to administer or man18 age a historic attraction— 

19 (A) to allow visitors to the historic attrac20 tion to gain access to the historic attraction by 

21 passing through security screening at the Visitor 

22 Center; and 

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

24 attraction within the Visitor Center by— 


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1 (i) employees of the National Park 

2 Service; or 

3 (ii) the organization that administers 

4 or manages the historic attraction. 

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

6 entered into under paragraph (1), the Secretary— 

7 (A) shall require the organization admin8 istering or managing the historic attraction to 

9 pay to the Secretary a reasonable fee to recover 

10 administrative costs of the Secretary associated 

11 with the use of the Visitor Center for public ac12 cess and ticket sales; 

13 (B) shall ensure that the liability of the 

14 United States is limited with respect to any li15 ability arising from— 

16 (i) the admission of the public through 

17 the Visitor Center to a historic attraction; 

18 and 

19 (ii) the sale or issuance of any tickets 

20 to the historic attraction; and 

21 (C) may include any other terms and con22 ditions that the Secretary determines to be ap23 propriate. 

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

25 collected as fees under paragraph (2)(A) shall remain 


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1 available, without further appropriation, for use by 

2 the Secretary for the Monument. 

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

4 section authorizes the Secretary— 

5 (A) to regulate or approve the rates for ad6 mission to a historic attraction; 

7 (B) to regulate or manage any visitor serv8 ices within the Pearl Harbor Naval Complex 

9 (other than the services managed by the National 

10 Park Service as part of the Monument); or 

11 (C) to charge an entrance fee for admission 

12 to the Monument. 

13 (5) PROTECTION OF RESOURCES.—Nothing in 

14 this section authorizes the Secretary or any organiza15 tion that administers or manages a historic attrac16 tion to take any action in derogation of the preserva17 tion and protection of the values and resources of the 

18 Monument. 

19 ASSISTANCE FOR THE REPUBLIC OF PALAU

20 SEC. 117. (a) IN GENERAL.—Subject to subsection (c), 

21 the Secretary of the Interior shall provide to the Govern22 ment of Palau for fiscal year 2010 grants in amounts equal 

23 to the annual amounts specified in subsections (a), (c), and 

24 (d) of section 211 of the Compact of Free Association be25 tween the Government of the United States of America and 


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

2 to in this section as the ‘‘Compact’’). 

3 (b) PROGRAMMATIC ASSISTANCE.—Subject to sub4 section (c), the United States shall provide programmatic 

5 assistance to the Republic of Palau for fiscal year 2010 in 

6 amounts equal to the amounts provided in subsections (a) 

7 and (b)(1) of section 221 of the Compact. 

8 (c) LIMITATIONS ON ASSISTANCE.— 

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

10 assistance provided under subsections (a) and (b) 

11 shall be provided to the same extent and in the same 

12 manner as the grants and assistance were provided in 

13 fiscal year 2009. 

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

15 withdraws more than $5,000,000 from the trust fund 

16 established under section 211(f) of the Compact, 

17 amounts to be provided under subsections (a) and (b) 

18 shall be withheld from the Government of Palau. 

19 GOLDEN GATE NATIONAL RECREATION AREA, FORT BAKER

20 AMENDMENT

21 SEC. 118. Section 120 of title I of H.R. 3423 (Appen22 dix C) as enacted into law by section 1000(a)(3) of division 

23 B of Public Law 106–113 is amended by striking the last 

24 sentence. 


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1 THEODORE ROOSEVELT NATIONAL PARK, ELK REDUCTION

2 SEC. 119. None of the funds made available in this 

3 Act shall be used to establish or implement a plan to reduce 

4 the number of elk in Theodore Roosevelt National Park un5 less such plan, notwithstanding any other provision of law, 

6 allows North Dakota residents possessing a State hunting 

7 license to be deputized by the Secretary as rangers in such 

8 numbers as the Secretary deems sufficient for purposes of 

9 culling the elk herd at the Park, and allows each such volun10 teer to cull one elk and remove its carcass from the Park. 

11 POINT REYES NATIONAL SEASHORE, EXTENSION OF PERMIT

12 SEC. 120. Prior to the expiration on November 30, 

13 2012 of the Drake’s Bay Oyster Company’s Reservation of 

14 Use and Occupancy and associated special use permit (‘‘ex15 isting authorization’’) within Drake’s Estero at Point Reyes 

16 National Seashore, notwithstanding any other provision of 

17 law, the Secretary of the Interior is authorized to issue a 

18 special use permit with the same terms and conditions as 

19 the existing authorization, except as provided herein, for a 

20 period of 10 years from November 30, 2012: Provided, That 

21 such extended authorization is subject to annual payments 

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

23 use of the Federal property for the duration of such renewal. 

24 The Secretary shall take into consideration recommenda25 tions of the National Academy of Sciences Report perVerDate Nov 24 2008 02:13 Sep 26, 2009 Jkt 079200 PO 00000 Frm 00180 Fmt 6652 Sfmt 6203 E:\BILLS\H2996.PP H2996

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1 taining to shellfish mariculture in Point Reyes National 

2 Seashore before modifying any terms and conditions of the 

3 extended authorization. 

4 CONTRIBUTION AUTHORITY

5 SEC. 121. Title 43 U.S.C. 1473, as amended by Public 

6 Law 110–161 and Public Law 111–8, is further amended 

7 by deleting ‘‘in fiscal years 2008 and 2009 only’’ and in8 serting ‘‘in fiscal years 2008, 2009 and 2010 only’’. 

9 NATIONAL PARK SYSTEM, SPECIAL RESOURCE STUDY

10 SEC. 122. (a) IN GENERAL.—The Secretary of the In11 terior (referred to in this section as the ‘‘Secretary’’) shall 

12 conduct a special resource study of the national signifi13 cance, suitability, and feasibility of including the 

14 Honouliuli Gulch and associated sites within the State of 

15 Hawaii in the National Park System. 

16 (b) GUIDELINES.—In conducting the study, the Sec17 retary shall use the criteria for the study of areas for poten18 tial inclusion in the National Park System described in sec19 tion 8 of Public Law 91–383 (16 U.S.C. 1a–5). 

20 (c) CONSULTATION.—In conducting the study, the Sec21 retary shall consult with— 

22 (1) the State of Hawaii; 

23 (2) appropriate Federal agencies; 

24 (3) Native Hawaiian and local government enti25 ties; 


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1 (4) private and nonprofit organizations; 

2 (5) private land owners; and 

3 (6) other interested parties. 

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

5 Gulch, associated sites located on Oahu, and other islands 

6 located in the State of Hawaii with respect to— 

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

8 World War II; 

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

10 to the forcible internment of Japanese Americans, Eu11 ropean Americans, and other individuals; and 

12 (3) historic resources at the site. 

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

14 enactment of this Act, the Secretary shall submit to the 

15 Committee on Natural Resources of the House of Represent16 atives and the Committee on Energy and Natural Resources 

17 of the Senate a report describing the findings, conclusions, 

18 and recommendations of the study required under this sec19 tion. 

20 PROHIBITION ON USE OF FUNDS TO IMPEDE OPERATIONAL

21 CONTROL

22 SEC. 123. None of the funds made available by this 

23 Act may be used to impede, prohibit, or restrict activities 

24 of the Secretary of Homeland Security on public lands to 

25 achieve operational control (as defined in section 2(b) of 

26 the Secure Fence Act of 2006 (8 U.S.C. 1701 note; Public 


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1 Law 109–367) over the international land and maritime 

2 borders of the United States. 

3 SEC. 124. Any owner of private property within an 

4 existing or new National Heritage Area may opt out of par5 ticipating in any plan, project, program, or activity con6 ducted within the National Heritage Area if the property 

7 owner provides written notice to the local coordinating enti8 ty. 

9 TITLE II 

10 ENVIRONMENTAL PROTECTION AGENCY 

11 SCIENCE AND TECHNOLOGY

12 For science and technology, including research and de13 velopment activities, which shall include research and devel14 opment activities under the Comprehensive Environmental 

15 Response, Compensation, and Liability Act of 1980, as 

16 amended; necessary expenses for personnel and related costs 

17 and travel expenses; procurement of laboratory equipment 

18 and supplies; and other operating expenses in support of 

19 research and development, $842,799,000, to remain avail20 able until September 30, 2011. 

21 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

22 For environmental programs and management, in23 cluding necessary expenses, not otherwise provided for, for 

24 personnel and related costs and travel expenses; hire of pas25 senger motor vehicles; hire, maintenance, and operation of 


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1 aircraft; purchase of reprints; library memberships in soci2 eties or associations which issue publications to members 

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

4 who are not members; administrative costs of the 

5 brownfields program under the Small Business Liability 

6 Relief and Brownfields Revitalization Act of 2002; and not 

7 to exceed $9,000 for official reception and representation 

8 expenses, $2,878,780,000, to remain available until Sep9 tember 30, 2011: Provided, That of the funds included under 

10 this heading, not less than $478,696,000 shall be for the Ge11 ographic Programs specified in the committee report accom12 panying this Act. 

13 OFFICE OF INSPECTOR GENERAL

14 For necessary expenses of the Office of Inspector Gen15 eral in carrying out the provisions of the Inspector General 

16 Act of 1978, as amended, $44,791,000, to remain available 

17 until September 30, 2011. 

18 BUILDINGS AND FACILITIES

19 For construction, repair, improvement, extension, al20 teration, and purchase of fixed equipment or facilities of, 

21 or for use by, the Environmental Protection Agency, 

22 $35,001,000, to remain available until expended: Provided, 

23 That, at the discretion of the Administrator of the Environ24 mental Protection Agency, from the funds included under 

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1 nary planning and design of a high-performance green 

2 building to consolidate the multiple offices and research fa3 cilities of the Environmental Protection Agency in Las 

4 Vegas, Nevada. 

5 HAZARDOUS SUBSTANCE SUPERFUND

6 (INCLUDING TRANSFERS OF FUNDS)

7 For necessary expenses to carry out the Comprehensive 

8 Environmental Response, Compensation, and Liability Act 

9 of 1980 (CERCLA), as amended, including sections 

10 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611) 

11 $1,308,541,000, to remain available until expended, con12 sisting of such sums as are available in the Trust Fund 

13 on September 30, 2009, as authorized by section 517(a) of 

14 the Superfund Amendments and Reauthorization Act of 

15 1986 (SARA) and up to $1,308,541,000 as a payment from 

16 general revenues to the Hazardous Substance Superfund for 

17 purposes as authorized by section 517(b) of SARA, as 

18 amended: Provided, That funds appropriated under this 

19 heading may be allocated to other Federal agencies in ac20 cordance with section 111(a) of CERCLA: Provided further, 

21 That of the funds appropriated under this heading, 

22 $9,975,000 shall be paid to the ‘‘Office of Inspector General’’ 

23 appropriation to remain available until September 30, 

24 2011, and $26,834,000 shall be paid to the ‘‘Science and 


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1 Technology’’ appropriation to remain available until Sep2 tember 30, 2011. 

3 LEAKING UNDERGROUND STORAGE TANK TRUST FUND

4 PROGRAM

5 For necessary expenses to carry out leaking under6 ground storage tank cleanup activities authorized by sub7 title I of the Solid Waste Disposal Act, as amended, 

8 $114,171,000, to remain available until expended, of which 

9 $78,671,000 shall be for carrying out leaking underground 

10 storage tank cleanup activities authorized by section 

11 9003(h) of the Solid Waste Disposal Act, as amended; 

12 $35,500,000 shall be for carrying out the other provisions 

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

14 of the Internal Revenue Code, as amended: Provided, That 

15 the Administrator is authorized to use appropriations made 

16 available under this heading to implement section 9013 of 

17 the Solid Waste Disposal Act to provide financial assistance 

18 to federally recognized Indian tribes for the development 

19 and implementation of programs to manage underground 

20 storage tanks. 

21 OIL SPILL RESPONSE

22 For expenses necessary to carry out the Environmental 

23 Protection Agency’s responsibilities under the Oil Pollution 

24 Act of 1990, $18,379,000, to be derived from the Oil Spill 

25 Liability trust fund, to remain available until expended. 


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1 STATE AND TRIBAL ASSISTANCE GRANTS

2 For environmental programs and infrastructure as3 sistance, including capitalization grants for State revolving 

4 funds and performance partnership grants, $4,954,274,000, 

5 to remain available until expended, of which 

6 $2,100,000,000 shall be for making capitalization grants for 

7 the Clean Water State Revolving Funds under title VI of 

8 the Federal Water Pollution Control Act, as amended (the 

9 ‘‘Act’’); of which $1,387,000,000 shall be for capitalization 

10 grants for the Drinking Water State Revolving Funds under 

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

12 Provided, That, for fiscal year 2010, to the extent that there 

13 are sufficient applications, not less than 20 percent of the 

14 funds made available for the Clean Water State Revolving 

15 Fund or Drinking Water State Revolving Fund capitaliza16 tion grants shall be for projects to address green infrastruc17 ture, water or energy efficiency improvements, or other en18 vironmentally innovative activities; $10,000,000 shall be for 

19 architectural, engineering, planning, design, construction 

20 and related activities in connection with the construction 

21 of high priority water and wastewater facilities in the area 

22 of the United States-Mexico Border, after consultation with 

23 the appropriate border commission; $15,000,000 shall be for 

24 grants to the State of Alaska to address drinking water and 

25 wastewater infrastructure needs of rural and Alaska Native 


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1 Villages: Provided further, That, of these funds: (1) the State 

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

3 than 5 percent of the funds may be used for administrative 

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

5 make awards consistent with the State-wide priority list 

6 established in conjunction with the Agency and the U.S. 

7 Department of Agriculture for all water, sewer, waste dis8 posal, and similar projects carried out by the State of Alas9 ka that are funded under section 221 of the Federal Water 

10 Pollution Control Act (33 U.S.C. 1301) or the Consolidated 

11 Farm and Rural Development Act (7 U.S.C. 1921 et seq.) 

12 which shall allocate not less than 25 percent of the funds 

13 provided for projects in regional hub communities; 

14 $150,000,000 shall be for making special project grants for 

15 the construction of drinking water, wastewater and storm 

16 water infrastructure and for water quality protection in ac17 cordance with the terms and conditions specified for such 

18 grants in the committee report accompanying this Act, and, 

19 for purposes of these grants, each grantee shall contribute 

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

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

22 $101,000,000 shall be to carry out section 104(k) of the 

23 Comprehensive Environmental Response, Compensation, 

24 and Liability Act of 1980 (CERCLA), as amended, includ25 ing grants, interagency agreements, and associated proVerDate Nov 24 2008 02:13 Sep 26, 2009 Jkt 079200 PO 00000 Frm 00188 Fmt 6652 Sfmt 6203 E:\BILLS\H2996.PP H2996

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1 gram support costs; $60,000,000 shall be for grants under 

2 title VII, subtitle G of the Energy Policy Act of 2005, as 

3 amended; $20,000,000 shall be for targeted airshed grants 

4 in accordance with the terms and conditions of the com5 mittee report accompanying this Act; and $1,111,274,000 

6 shall be for grants, including associated program support 

7 costs, to States, federally recognized tribes, interstate agen8 cies, tribal consortia, and air pollution control agencies for 

9 multi-media or single media pollution prevention, control 

10 and abatement and related activities, including activities 

11 pursuant to the provisions set forth under this heading in 

12 Public Law 104–134, and for making grants under section 

13 103 of the Clean Air Act for particulate matter monitoring 

14 and data collection activities subject to terms and condi15 tions specified by the Administrator, of which $49,495,000 

16 shall be for carrying out section 128 of CERCLA, as amend17 ed, $10,000,000 shall be for Environmental Information 

18 Exchange Network grants, including associated program 

19 support costs, $18,500,000 of the funds available for grants 

20 under section 106 of the Act shall be for water quality moni21 toring activities, and, in addition to funds appropriated 

22 under the heading ‘‘Leaking Underground Storage Tank 

23 Trust Fund Program’’ to carry out the provisions of the 

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

25 Internal Revenue Code other than section 9003(h) of the 


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1 Solid Waste Disposal Act, as amended, $2,500,000 shall be 

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

3 Waste Disposal Act, as amended: Provided further, That 

4 notwithstanding section 603(d)(7) of the Federal Water Pol5 lution Control Act, the limitation on the amounts in a State 

6 water pollution control revolving fund that may be used by 

7 a State to administer the fund shall not apply to amounts 

8 included as principal in loans made by such fund in fiscal 

9 year 2010 and prior years where such amounts represent 

10 costs of administering the fund to the extent that such 

11 amounts are or were deemed reasonable by the Adminis12 trator, accounted for separately from other assets in the 

13 fund, and used for eligible purposes of the fund, including 

14 administration: Provided further, That for fiscal year 2010, 

15 and notwithstanding section 518(f) of the Act, the Adminis16 trator is authorized to use the amounts appropriated for 

17 any fiscal year under section 319 of that Act to make grants 

18 to federally recognized Indian tribes pursuant to sections 

19 319(h) and 518(e) of that Act: Provided further, That, for 

20 fiscal year 2010, notwithstanding the limitation on 

21 amounts in section 518(c) of the Federal Water Pollution 

22 Control Act and section 1452(i) of the Safe Drinking Water 

23 Act, up to a total of 2 percent of the funds appropriated 

24 for the Clean Water State Revolving Funds and Drinking 

25 Water State Revolving Funds may be reserved by the AdVerDate Nov 24 2008 02:13 Sep 26, 2009 Jkt 079200 PO 00000 Frm 00190 Fmt 6652 Sfmt 6203 E:\BILLS\H2996.PP H2996

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1 ministrator for grants to Tribes: Provided further, That, for 

2 fiscal year 2010, notwithstanding any other provision of 

3 law, up to a total of 1.5 percent of the funds provided for 

4 the Clean Water State Revolving Funds and Drinking 

5 Water State Revolving Funds may be reserved by the Ad6 ministrator for grants to territories of the United States: 

7 Provided further, That no funds provided by this appro8 priations Act to address the water, wastewater and other 

9 critical infrastructure needs of the colonias in the United 

10 States along the United States-Mexico border shall be made 

11 available to a county or municipal government unless that 

12 government has established an enforceable local ordinance, 

13 or other zoning rule, which prevents in that jurisdiction the 

14 development or construction of any additional colonia 

15 areas, or the development within an existing colonia the 

16 construction of any new home, business, or other structure 

17 which lacks water, wastewater, or other necessary infra18 structure: Provided further, That notwithstanding the joint 

19 explanatory statement of the Committee on Appropriations 

20 of the House of Representatives accompanying Public Law 

21 111–8, the $300,000 made available to the Village of Crest22 wood for water storage improvements (as described in the 

23 table entitled ‘‘Congressionally Designated Spending’’ in 

24 section 430 of that joint explanatory statement) shall be 

25 made available to the City of Quincy, Illinois, for drinking 


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1 water system improvements: Provided further, That, not2 withstanding House Report 107–272, the amount of 

3 $1,000,000 made available to the Southeast Alabama Re4 gional Water Authority for a water facility project and the 

5 amount of $2,500,000 made available to the Alabama Re6 gional Water Authority for the Southwest Alabama Rural/ 

7 Municipal Water System may, at the discretion of the Ad8 ministrator, be made available to the city of Thomasville 

9 for those projects: Provided further, That, notwithstanding 

10 House Report 108–10, the amount of $450,000 made avail11 able to the Southwest Alabama Regional Water Authority 

12 for water infrastructure improvements may, at the discre13 tion of the Administrator, be made available to the city of 

14 Thomasville for that project: Provided further, That, not15 withstanding House Report 108–401, the amount of 

16 $450,000 made available to the Southwest Alabama Re17 gional Water supply District for regional water supply dis18 tribution in Thomasville, Alabama, may, at the discretion 

19 of the Administrator, be made available to the city of Thom20 asville for that project: Provided further, That, notwith21 standing House Report 108–401, the amount of $2,000,000 

22 made available to the Tom Bevill Reservoir Management 

23 Area Authority for construction of a drinking water res24 ervoir in Fayette County, Alabama, may, at the discretion 

25 of the Administrator, be made available to Fayette County, 


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1 Alabama, for water system upgrades: Provided further, 

2 That, notwithstanding the joint explanatory statement of 

3 the Committee on Appropriations of the House of Rep4 resentatives accompanying Public Law 111–8 (123 Stat. 

5 524), the amount of $500,000 made available to the San 

6 Bernardino Municipal Water District for the Inland Em7 pire alternative water supply project (as described in the 

8 table entitled ‘‘Congressionally Designated Spending’’ con9 tained in section 430 of that joint explanatory statement) 

10 may, at the discretion of the Administrator, be made avail11 able to the city of San Bernardino municipal water depart12 ment for that project: Provided further, That, notwith13 standing the joint explanatory statement of the Committee 

14 on Appropriations of the House of Representatives accom15 panying the Consolidated Appropriations Act, 2008 (Public 

16 Law 110–161; 121 Stat. 1844), from funds made available 

17 by that Act for the State and Tribal Assistance Grants pro18 gram, $170,800 may, at the discretion of the Administrator, 

19 be made available to the city of Prescott for a wastewater 

20 treatment plant construction project and $129,200 may, at 

21 the discretion of the Administrator, be made available to 

22 the city of Wichita for a storm water technology pilot 

23 project: Provided further, That, notwithstanding the joint 

24 explanatory statement of the Committee on Appropriations 

25 of the House of Representatives accompanying the Omnibus 


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1 Appropriations Act, 2009 (Public Law 111–8; 123 Stat. 

2 524), the amount of $185,000 made available to the city 

3 of Manhattan for the sewer mainline extension project (as 

4 described in the table entitled ‘‘Congressionally Designated 

5 Spending’’ contained in section 430 of that joint explana6 tory statement) may, at the discretion of the Administrator, 

7 be made available to the city of Manhattan for a water 

8 mainline extension project: Provided further, That, notwith9 standing the joint explanatory statement of the Committee 

10 on Appropriations of the House of Representatives accom11 panying the Omnibus Appropriations Act, 2009 (Public 

12 Law 111–8; 123 Stat. 524), the amount of $290,000 made 

13 available to the Riley County Board of Commissioners for 

14 the Konza Sewer Main Extension project (as described in 

15 the table entitled ‘‘Congressionally Designated Spending’’ 

16 contained in section 430 of that joint explanatory state17 ment) may, at the discretion of the Administrator, be made 

18 available to the city of Manhattan for the Konza Water 

19 Main Extension project: Provided further, That, notwith20 standing the joint explanatory statement of the Committee 

21 on Appropriations of the House of Representatives accom22 panying Public Law 111–8 (123 Stat. 524), the amount 

23 of $1,300,000 made available to the City of Warrensburg, 

24 Missouri for a drinking water and wastewater infrastruc25 ture project (as described in the table entitled ‘‘CongressionVerDate Nov 24 2008 02:13 Sep 26, 2009 Jkt 079200 PO 00000 Frm 00194 Fmt 6652 Sfmt 6203 E:\BILLS\H2996.PP H2996

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1 ally Designated Spending’’ contained in section 430 of that 

2 joint explanatory statement) may, at the discretion of the 

3 Administrator, be made available to Johnson County, Mis4 souri for that project: Provided further, That, notwith5 standing the joint explanatory statement of the Committee 

6 on Appropriations of the House of Representatives accom7 panying Public Law 111–8 (123 Stat. 524), the amount 

8 of $1,000,000 made available to the City of Gravois Mills 

9 for wastewater infrastructure (as described in the table enti10 tled ‘‘Congressionally Designated Spending’’ contained in 

11 section 430 of that joint explanatory statement) may, at 

12 the discretion of the Administrator, be made available to 

13 the Gravois Arm Sewer District for that project: Provided 

14 further, That, notwithstanding the joint explanatory state15 ment of the Committee on Appropriations of the House of 

16 Representatives accompanying Public Law 111–8 (123 

17 Stat. 524), the amount of $500,000 made available to 

18 McDonald County, Missouri for a wastewater infrastruc19 ture expansion project (as described in the table entitled 

20 ‘‘Congressionally Designated Spending’’ contained in sec21 tion 430 of that joint explanatory statement) may, at the 

22 discretion of the Administrator, be made available to 

23 PWSD #1 of McDonald County, Missouri for that project: 

24 Provided further, That, notwithstanding the joint explana25 tory statement of the Committee on Appropriations of the 


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1 House of Representatives accompanying Public Law 110– 

2 161 (121 Stat. 1844), the amount of $150,000 made avail3 able to the City of Hayti, Pemiscot Consolidated Public 

4 Water Supply District 1 for a Water Storage Tank (as de5 scribed in the section entitled ‘‘STAG Infrastructure 

6 Grants/Congressional Priorities’’ on page 1264 of the joint 

7 explanatory statement) may, at the discretion of the Ad8 ministrator, be made available to Pemiscot Consolidated 

9 Public Water Supply District 1 for a drinking water source 

10 protection infrastructure project: Provided further, That, 

11 notwithstanding the joint explanatory statement of the 

12 Committee on Appropriations of the House of Representa13 tives accompanying Public Law 111–8 (123 Stat. 524), the 

14 amount of $400,000 made available to the City of Lake 

15 Norden, South Dakota, for wastewater infrastructure im16 provements (as described in the table entitled ‘‘Congression17 ally Designated Spending’’ contained in section 430 of that 

18 joint explanatory statement) may, at the discretion of the 

19 Administrator, be made available to the City of Lake 

20 Norden, South Dakota, for drinking water infrastructure 

21 improvements. 


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1 ADMINISTRATIVE PROVISIONS, ENVIRONMENTAL

2 PROTECTION AGENCY

3 (INCLUDING RESCISSION OF FUNDS)

4 For fiscal year 2010, notwithstanding 31 U.S.C. 

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

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

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

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

12 the Administrator in implementing Federal environmental 

13 programs for Indian Tribes required or authorized by law, 

14 except that no such cooperative agreements may be awarded 

15 from funds designated for State financial assistance agree16 ments. 

17 The Administrator of the Environmental Protection 

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

20 Federal Insecticide, Fungicide, and Rodenticide Act, as 

21 amended by Public Law 110–94, the Pesticide Registration 

22 Improvement Renewal Act. 

23 The Administrator is authorized to transfer up to 50 

24 percent of the funds appropriated for the Great Lakes Ini25 tiative under the heading ‘‘Environmental Programs and 


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1 Management’’ to the head of any Federal department or 

2 agency, with the concurrence of such head, to carry out ac3 tivities that would support the Great Lakes Restoration Ini4 tiative and Great Lakes Water Quality Agreement pro5 grams, projects, or activities; to enter into an interagency 

6 agreement with the head of such Federal department or 

7 agency to carry out these activities; and to make grants 

8 to governmental entities, nonprofit organizations, institu9 tions, and individuals for planning, research, monitoring, 

10 outreach, and implementation in furtherance of the Great 

11 Lakes Restoration Initiative and the Great Lakes Water 

12 Quality Agreement. 

13 From unobligated balances to carry out projects and 

14 activities funded through the State and Tribal Assistance 

15 Grants Account, $40,000,000 are permanently rescinded: 

16 Provided, That no amounts may be rescinded from amounts 

17 that were designated by Congress as an emergency require18 ment pursuant to the Concurrent Resolution on the Budget 

19 or the Balanced Budget and Emergency Deficit Control Act 

20 of 1985, as amended. 

21 GENERAL PROVISIONS, ENVIRONMENTAL PROTECTION

22 AGENCY

23 BLACK CARBON

24 SEC. 201. (a) Not later than 18 months after the date 

25 of enactment of this Act, the Administrator, in consultation 


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1 with other Federal agencies, may carry out and submit to 

2 Congress the results of a study to define black carbon, assess 

3 the impacts of black carbon on global and regional climate, 

4 and identify the most cost-effective ways to reduce black car5 bon emissions— 

6 (1) to improve global and domestic public health; 

7 and 

8 (2) to mitigate the climate impacts of black car9 bon. 

10 (b) In carrying out the study, the Administrator 

11 shall— 

12 (1) identify global and domestic black carbon 

13 sources, the quantities of emissions from those sources, 

14 and cost-effective mitigation technologies and strate15 gies; 

16 (2) evaluate the public health, climate, and eco17 nomic impacts of black carbon; 

18 (3) identify current and practicable future op19 portunities to provide financial, technical, and re20 lated assistance to reduce domestic and international 

21 black carbon emissions; and 

22 (4) identify opportunities for future research and 

23 development to reduce black carbon emissions and 

24 protect public health in the United States and inter25 nationally. 


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1 (c) Of the amounts made available under this title 

2 under the heading ‘‘ENVIRONMENTAL PROGRAMS AND MAN3 AGEMENT’’ for operations and administration, up to 

4 $2,000,000 shall be— 

5 (1) transferred to the account used to fund the 

6 Office of Air Quality Planning and Standards of the 

7 Environmental Protection Agency; and 

8 (2) used by the Administrator to carry out this 

9 section. 

10 TITLE III 

11 RELATED AGENCIES 

12 DEPARTMENT OF AGRICULTURE 

13 FOREST SERVICE

14 FOREST AND RANGELAND RESEARCH

15 For necessary expenses of forest and rangeland re16 search as authorized by law, $307,012,000, to remain avail17 able until expended: Provided, That of the funds provided, 

18 $66,939,000 is for the forest inventory and analysis pro19 gram. 

20 STATE AND PRIVATE FORESTRY

21 For necessary expenses of cooperating with and pro22 viding technical and financial assistance to States, terri23 tories, possessions, and others, and for forest health manage24 ment, including treatments of pests, pathogens, and 

25 invasive or noxious plants and for restoring and rehabiliVerDate Nov 24 2008 02:13 Sep 26, 2009 Jkt 079200 PO 00000 Frm 00200 Fmt 6652 Sfmt 6203 E:\BILLS\H2996.PP H2996

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1 tating forests damaged by pests or invasive plants, coopera2 tive forestry, and education and land conservation activi3 ties and conducting an international program as author4 ized, $276,946,000, to remain available until expended, as 

5 authorized by law; and of which $55,145,000 is to be de6 rived from the Land and Water Conservation Fund. 

7 NATIONAL FOREST SYSTEM

8 (INCLUDING TRANSFERS OF FUNDS)

9 For necessary expenses of the Forest Service, not other10 wise provided for, for management, protection, improve11 ment, and utilization of the National Forest System, 

12 $1,552,429,000, to remain available until expended, which 

13 shall include 50 percent of all moneys received during prior 

14 fiscal years as fees collected under the Land and Water Con15 servation Fund Act of 1965, as amended, in accordance 

16 with section 4 of the Act (16 U.S.C. 460l–6a(i)) and of 

17 which $2,000,000 may be made available to the Pest and 

18 Disease Revolving Loan Fund established by section 

19 10205(b) of the Food, Conservation, and Energy Act of 2008 

20 (16 U.S.C. 2104a(b)): Provided, That, through fiscal year 

21 2014, the Secretary of Agriculture may authorize the ex22 penditure or transfer of such sums as are necessary to the 

23 Secretary of the Interior for removal, preparation and 

24 adoption of excess wild horses and burros from National 

25 Forest System lands and for the performance of cadastral 


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1 surveys to designate the boundaries of such lands: Provided 

2 further, That $282,617,000 shall be made available for 

3 recreation, heritage, and wilderness. 

4 CAPITAL IMPROVEMENT AND MAINTENANCE

5 (INCLUDING TRANSFER OF FUNDS)

6 For necessary expenses of the Forest Service, not other7 wise provided for, $513,418,000, to remain available until 

8 expended, for construction, capital improvement, mainte9 nance and acquisition of buildings and other facilities and 

10 infrastructure; and for construction, capital improvement, 

11 decommissioning, and maintenance of forest roads and 

12 trails by the Forest Service as authorized by 16 U.S.C. 532– 

13 538 and 23 U.S.C. 101 and 205: Provided, That 

14 $50,000,000 shall be designated for urgently needed road 

15 decommissioning, road and trail repair and maintenance 

16 and associated activities, and removal of fish passage bar17 riers, especially in areas where Forest Service roads may 

18 be contributing to water quality problems in streams and 

19 water bodies which support threatened, endangered or sen20 sitive species or community water sources: Provided further, 

21 That up to $40,000,000 of the funds provided herein for 

22 road maintenance shall be available for the decommis23 sioning of roads, including unauthorized roads not part of 

24 the transportation system, which are no longer needed: Pro25 vided further, That no funds shall be expended to decommisVerDate Nov 24 2008 02:13 Sep 26, 2009 Jkt 079200 PO 00000 Frm 00202 Fmt 6652 Sfmt 6203 E:\BILLS\H2996.PP H2996

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1 sion any system road until notice and an opportunity for 

2 public comment has been provided on each decommissioning 

3 project: Provided further, That the decommissioning of un4 authorized roads not part of the official transportation sys5 tem shall be expedited in response to threats to public safety, 

6 water quality, or natural resources: Provided further, That 

7 funds becoming available in fiscal year 2010 under the Act 

8 of March 4, 1913 (16 U.S.C. 501) shall be transferred to 

9 the General Fund of the Treasury and shall not be available 

10 for transfer or obligation for any other purpose unless the 

11 funds are appropriated. 

12 LAND ACQUISITION

13 For expenses necessary to carry out the provisions of 

14 the Land and Water Conservation Fund Act of 1965, as 

15 amended (16 U.S.C. 460l–4 through 11), including admin16 istrative expenses, and for acquisition of land or waters, 

17 or interest therein, in accordance with statutory authority 

18 applicable to the Forest Service, $67,784,000, to be derived 

19 from the Land and Water Conservation Fund and to re20 main available until expended. 

21 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

22 ACTS

23 For acquisition of lands within the exterior boundaries 

24 of the Cache, Uinta, and Wasatch National Forests, Utah; 

25 the Toiyabe National Forest, Nevada; and the Angeles, San 


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1 Bernardino, Sequoia, and Cleveland National Forests, Cali2 fornia, as authorized by law, $1,050,000, to be derived from 

3 forest receipts. 

4 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

5 For acquisition of lands, such sums, to be derived from 

6 funds deposited by State, county, or municipal govern7 ments, public school districts, or other public school authori8 ties, and for authorized expenditures from funds deposited 

9 by non-Federal parties pursuant to Land Sale and Ex10 change Acts, pursuant to the Act of December 4, 1967, as 

11 amended (16 U.S.C. 484a), to remain available until ex12 pended. (16 U.S.C. 4601–516–617a, 555a; Public Law 96– 

13 586; Public Law 76–589, 76–591; and 78–310). 

14 RANGE BETTERMENT FUND

15 For necessary expenses of range rehabilitation, protec16 tion, and improvement, 50 percent of all moneys received 

17 during the prior fiscal year, as fees for grazing domestic 

18 livestock on lands in National Forests in the 16 Western 

19 States, pursuant to section 401(b)(1) of Public Law 94– 

20 579, as amended, to remain available until expended, of 

21 which not to exceed 6 percent shall be available for adminis22 trative expenses associated with on-the-ground range reha23 bilitation, protection, and improvements. 


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1 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

2 RANGELAND RESEARCH

3 For expenses authorized by 16 U.S.C. 1643(b), 

4 $50,000, to remain available until expended, to be derived 

5 from the fund established pursuant to the above Act. 

6 MANAGEMENT OF NATIONAL FOREST LANDS FOR

7 SUBSISTENCE USES

8 For necessary expenses of the Forest Service to manage 

9 Federal lands in Alaska for subsistence uses under title VIII 

10 of the Alaska National Interest Lands Conservation Act 

11 (Public Law 96–487), $2,582,000, to remain available until 

12 expended. 

13 WILDLAND FIRE MANAGEMENT

14 (INCLUDING TRANSFERS OF FUNDS)

15 For necessary expenses for forest fire presuppression 

16 activities on National Forest System lands, for emergency 

17 fire suppression on or adjacent to such lands or other lands 

18 under fire protection agreement, hazardous fuels reduction 

19 on or adjacent to such lands, and for emergency rehabilita20 tion of burned-over National Forest System lands and 

21 water, $1,817,637,000, to remain available until expended: 

22 Provided, That such funds including unobligated balances 

23 under this heading, are available for repayment of advances 

24 from other appropriations accounts previously transferred 

25 for such purposes: Provided further, That such funds shall 


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1 be available to reimburse State and other cooperating enti2 ties for services provided in response to wildfire and other 

3 emergencies or disasters to the extent such reimbursements 

4 by the Forest Service for non-fire emergencies are fully re5 paid by the responsible emergency management agency: 

6 Provided further, That, notwithstanding any other provi7 sion of law, $8,000,000 of funds appropriated under this 

8 appropriation shall be used for Fire Science Research in 

9 support of the Joint Fire Science Program: Provided fur10 ther, That all authorities for the use of funds, including the 

11 use of contracts, grants, and cooperative agreements, avail12 able to execute the Forest and Rangeland Research appro13 priation, are also available in the utilization of these funds 

14 for Fire Science Research: Provided further, That funds 

15 provided shall be available for emergency rehabilitation and 

16 restoration, hazardous fuels reduction activities in the 

17 urban-wildland interface, support to Federal emergency re18 sponse, and wildfire suppression activities of the Forest 

19 Service: Provided further, That of the funds provided, 

20 $340,285,000 is for hazardous fuels reduction activities, 

21 $11,500,000 is for rehabilitation and restoration, 

22 $23,917,000 is for research activities and to make competi23 tive research grants pursuant to the Forest and Rangeland 

24 Renewable Resources Research Act, as amended (16 U.S.C. 

25 1641 et seq.), $56,250,000 is for State fire assistance, 


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1 $9,000,000 is for volunteer fire assistance, $17,252,000 is 

2 for forest health activities on Federal lands and $9,928,000 

3 is for forest health activities on State and private lands: 

4 Provided further, That amounts in this paragraph may be 

5 transferred to the ‘‘State and Private Forestry’’, ‘‘National 

6 Forest System’’, and ‘‘Forest and Rangeland Research’’ ac7 counts to fund State fire assistance, volunteer fire assist8 ance, forest health management, forest and rangeland re9 search, the Joint Fire Science Program, vegetation and wa10 tershed management, heritage site rehabilitation, and wild11 life and fish habitat management and restoration: Provided 

12 further, That up to $15,000,000 of the funds provided under 

13 this heading for hazardous fuels treatments may be trans14 ferred to and made a part of the ‘‘National Forest System’’ 

15 account at the sole discretion of the Chief of the Forest Serv16 ice 30 days after notifying the House and the Senate Com17 mittees on Appropriations: Provided further, That the costs 

18 of implementing any cooperative agreement between the 

19 Federal Government and any non-Federal entity may be 

20 shared, as mutually agreed on by the affected parties: Pro21 vided further, That in addition to funds provided for State 

22 Fire Assistance programs, and subject to all authorities 

23 available to the Forest Service under the State and Private 

24 Forestry Appropriation, up to $15,000,000 may be used on 

25 adjacent non-Federal lands for the purpose of protecting 


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1 communities when hazard reduction activities are planned 

2 on national forest lands that have the potential to place 

3 such communities at risk: Provided further, That funds 

4 made available to implement the Community Forest Res5 toration Act, Public Law 106–393, title VI, shall be avail6 able for use on non-Federal lands in accordance with au7 thorities available to the Forest Service under the State and 

8 Private Forestry Appropriation: Provided further, That the 

9 Secretary of the Interior and the Secretary of Agriculture 

10 may authorize the transfer of funds appropriated for 

11 wildland fire management, in an aggregate amount not to 

12 exceed $10,000,000, between the Departments when such 

13 transfers would facilitate and expedite jointly funded 

14 wildland fire management programs and projects: Provided 

15 further, That of the funds provided for hazardous fuels re16 duction, not to exceed $10,000,000, may be used to make 

17 grants, using any authorities available to the Forest Service 

18 under the State and Private Forestry appropriation, for the 

19 purpose of creating incentives for increased use of biomass 

20 from national forest lands: Provided further, That funds 

21 designated for wildfire suppression shall be assessed for cost 

22 pools on the same basis as such assessments are calculated 

23 against other agency programs. 


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1 COLLABORATIVE FOREST LANDSCAPE RESTORATION FUND

2 For expenses authorized by section 4003(f) of the Om3 nibus Public Land Management Act of 2009 (16 U.S.C. 

4 7303(f)), $10,000,000, to remain available until expended. 

5 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

6 (INCLUDING TRANSFERS OF FUNDS)

7 Appropriations to the Forest Service for the current 

8 fiscal year shall be available for: (1) purchase of passenger 

9 motor vehicles; acquisition of passenger motor vehicles from 

10 excess sources, and hire of such vehicles; purchase, lease, op11 eration, maintenance, and acquisition of aircraft from ex12 cess sources to maintain the operable fleet for use in Forest 

13 Service wildland fire programs and other Forest Service 

14 programs; notwithstanding other provisions of law, existing 

15 aircraft being replaced may be sold, with proceeds derived 

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

17 replacement aircraft; (2) services pursuant to 7 U.S.C. 

18 2225, and not to exceed $100,000 for employment under 5 

19 U.S.C. 3109; (3) purchase, erection, and alteration of build20 ings and other public improvements (7 U.S.C. 2250); (4) 

21 acquisition of land, waters, and interests therein pursuant 

22 to 7 U.S.C. 428a; (5) for expenses pursuant to the Volun23 teers in the National Forest Act of 1972 (16 U.S.C. 558a, 

24 558d, and 558a note); (6) the cost of uniforms as authorized 


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1 by 5 U.S.C. 5901–5902; and (7) for debt collection contracts 

2 in accordance with 31 U.S.C. 3718(c). 

3 Any appropriations or funds available to the Forest 

4 Service may be transferred to the Wildland Fire Manage5 ment appropriation for wildland firefighting, emergency re6 habilitation of burned-over or damaged lands or waters 

7 under its jurisdiction, and fire preparedness due to severe 

8 burning conditions upon notification of the Committees on 

9 Appropriations for the House of Representatives and Senate 

10 if the Secretary of Agriculture determines that all emer11 gency fire suppression funds appropriated under the head12 ing ‘‘Wildland Fire Management’’ will be fully obligated 

13 within 30 days. 

14 Funds appropriated to the Forest Service shall be 

15 available for assistance to or through the Agency for Inter16 national Development in connection with forest and range17 land research, technical information, and assistance in for18 eign countries, and shall be available to support forestry 

19 and related natural resource activities outside the United 

20 States and its territories and possessions, including tech21 nical assistance, education and training, and cooperation 

22 with United States and international organizations. 

23 None of the funds made available to the Forest Service 

24 in this Act or any other Act with respect to any fiscal year 

25 shall be subject to transfer under the provisions of section 


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1 702(b) of the Department of Agriculture Organic Act of 

2 1944 (7 U.S.C. 2257), section 442 of Public Law 106–224 

3 (7 U.S.C. 7772), or section 10417(b) of Public Law 107– 

4 107 (7 U.S.C. 8316(b)). 

5 None of the funds available to the Forest Service may 

6 be reprogrammed without the advance approval of the 

7 House and Senate Committees on Appropriations in ac8 cordance with the reprogramming procedures contained in 

9 title IV of this Act. 

10 Not more than $88,785,000 of funds available to the 

11 Forest Service shall be transferred to the Working Capital 

12 Fund of the Department of Agriculture and not more than 

13 $19,400,000 of funds available to the Forest Service shall 

14 be transferred to the Department of Agriculture for Depart15 ment Reimbursable Programs, commonly referred to as 

16 Greenbook charges. Nothing in this paragraph shall pro17 hibit or limit the use of reimbursable agreements requested 

18 by the Forest Service in order to obtain services from the 

19 Department of Agriculture’s National Information Tech20 nology Center. 

21 Funds available to the Forest Service shall be available 

22 to conduct a program of up to $5,000,000 for priority 

23 projects within the scope of the approved budget, of which 

24 $2,500,000 shall be carried out by the Youth Conservation 

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1 ity of the Public Lands Corps Healthy Forests Restoration 

2 Act of 2005, Public Law 109–154. 

3 Of the funds available to the Forest Service, $4,000 is 

4 available to the Chief of the Forest Service for official recep5 tion and representation expenses. 

6 Pursuant to sections 405(b) and 410(b) of Public Law 

7 101–593, of the funds available to the Forest Service, up 

8 to $2,000,000 may be advanced in a lump sum to the Na9 tional Forest Foundation to aid conservation partnership 

10 projects in support of the Forest Service mission, without 

11 regard to when the Foundation incurs expenses, for admin12 istrative expenses or projects on or benefitting National 

13 Forest System lands or related to Forest Service programs: 

14 Provided, That, of the Federal funds made available to the 

15 Foundation, no more than $200,000 shall be available for 

16 administrative expenses: Provided further, That the Foun17 dation shall obtain, by the end of the period of Federal fi18 nancial assistance, private contributions to match on at 

19 least one-for-one basis funds made available by the Forest 

20 Service: Provided further, That the Foundation may trans21 fer Federal funds to Federal or a non-Federal recipient for 

22 a project at the same rate that the recipient has obtained 

23 the non-Federal matching funds: Provided further, That au24 thorized investments of Federal funds held by the Founda25 tion may be made only in interest-bearing obligations of 


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1 the United States or in obligations guaranteed as to both 

2 principal and interest by the United States. 

3 Pursuant to section 2(b)(2) of Public Law 98–244, 

4 $2,650,000 of the funds available to the Forest Service shall 

5 be advanced to the National Fish and Wildlife Foundation 

6 in a lump sum to aid cost-share conservation projects, with7 out regard to when expenses are incurred, on or benefitting 

8 National Forest System lands or related to Forest Service 

9 programs: Provided, That such funds shall be matched on 

10 at least a one-for-one basis by the Foundation or its sub11 recipients: Provided further, That the Foundation may 

12 transfer Federal funds to a Federal or non-Federal recipient 

13 for a project at the same rate that the recipient has obtained 

14 the non-Federal matching funds. 

15 Funds appropriated to the Forest Service shall be 

16 available for interactions with and providing technical as17 sistance to rural communities and natural resource-based 

18 businesses for sustainable rural development purposes. 

19 Funds appropriated to the Forest Service shall be 

20 available for payments to counties within the Columbia 

21 River Gorge National Scenic Area, pursuant to section 

22 14(c)(1) and (2), and section 16(a)(2) of Public Law 99– 

23 663. 

24 An eligible individual who is employed in any project 

25 funded under title V of the Older American Act of 1965 


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1 (42 U.S.C. 3056 et seq.) and administered by the Forest 

2 Service shall be considered to be a Federal employee for pur3 poses of chapter 171 of title 28, United States Code. 

4 Any funds appropriated to the Forest Service may be 

5 used to meet the non-Federal share requirement in section 

6 502(c) of the Older American Act of 1965 (42 U.S.C. 

7 3056(c)(2)). 

8 Funds available to the Forest Service, not to exceed 

9 $55,000,000, shall be assessed for the purpose of performing 

10 fire, administrative and other facilities maintenance. Such 

11 assessments shall occur using a square foot rate charged on 

12 the same basis the agency uses to assess programs for pay13 ment of rent, utilities, and other support services. 

14 Notwithstanding any other provision of law, any ap15 propriations or funds available to the Forest Service not 

16 to exceed $500,000 may be used to reimburse the Office of 

17 the General Counsel (OGC), Department of Agriculture, for 

18 travel and related expenses incurred as a result of OGC as19 sistance or participation requested by the Forest Service at 

20 meetings, training sessions, management reviews, land pur21 chase negotiations and similar non-litigation related mat22 ters. Future budget justifications for both the Forest Service 

23 and the Department of Agriculture should clearly display 

24 the sums previously transferred and the requested funding 

25 transfers. 


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1 Funds provided to the Forest Service in this Act may 

2 be used for the purpose of expenses associated with primary 

3 and secondary schooling for the 2009–2010 school year of 

4 dependents of agency personnel stationed in Puerto Rico, 

5 at a cost not in excess of those authorized by the Department 

6 of Defense for that same area, when it is determined by 

7 the Chief of the Forest Service that public schools available 

8 in the locality are unable to provide adequately for the edu9 cation of such dependents. 

10 DEPARTMENT OF HEALTH AND HUMAN 

11 SERVICES 

12 INDIAN HEALTH SERVICE

13 INDIAN HEALTH SERVICES

14 For expenses necessary to carry out the Act of August 

15 5, 1954 (68 Stat. 674), the Indian Self-Determination Act, 

16 the Indian Health Care Improvement Act, and titles II and 

17 III of the Public Health Service Act with respect to the In18 dian Health Service, $3,639,868,000, together with pay19 ments received during the fiscal year pursuant to 42 U.S.C. 

20 238(b) and 238b for services furnished by the Indian Health 

21 Service: Provided, That funds made available to tribes and 

22 tribal organizations through contracts, grant agreements, or 

23 any other agreements or compacts authorized by the Indian 

24 Self-Determination and Education Assistance Act of 1975 

25 (25 U.S.C. 450), shall be deemed to be obligated at the time 


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1 of the grant or contract award and thereafter shall remain 

2 available to the tribe or tribal organization without fiscal 

3 year limitation: Provided further, That $779,347,000 for 

4 contract medical care, including $48,000,000 for the Indian 

5 Catastrophic Health Emergency Fund, shall remain avail6 able until expended: Provided further, That $18,251,000 is 

7 provided for Headquarters operations and information 

8 technology activities and, notwithstanding any other provi9 sion of law, the amount available under this proviso shall 

10 be allocated at the discretion of the Director of the Indian 

11 Health Service: Provided further, That of the funds pro12 vided, up to $32,000,000 shall remain available until ex13 pended for implementation of the loan repayment program 

14 under section 108 of the Indian Health Care Improvement 

15 Act: Provided further, That $16,391,000 is provided for the 

16 methamphetamine and suicide prevention and treatment 

17 initiative and $7,500,000 is provided for the domestic vio18 lence prevention initiative and, notwithstanding any other 

19 provision of law, the amounts available under this proviso 

20 shall be allocated at the discretion of the Director of the 

21 Indian Health Service and shall remain available until ex22 pended: Provided further, That funds provided in this Act 

23 may be used for annual contracts and grants that fall with24 in two fiscal years, provided the total obligation is recorded 

25 in the year the funds are appropriated: Provided further, 


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1 That the amounts collected by the Secretary of Health and 

2 Human Services under the authority of title IV of the In3 dian Health Care Improvement Act shall remain available 

4 until expended for the purpose of achieving compliance with 

5 the applicable conditions and requirements of titles XVIII 

6 and XIX of the Social Security Act, except for those related 

7 to the planning, design, or construction of new facilities: 

8 Provided further, That funding contained herein for schol9 arship programs under the Indian Health Care Improve10 ment Act (25 U.S.C. 1613) shall remain available until ex11 pended: Provided further, That amounts received by tribes 

12 and tribal organizations under title IV of the Indian Health 

13 Care Improvement Act shall be reported and accounted for 

14 and available to the receiving tribes and tribal organiza15 tions until expended: Provided further, That, notwith16 standing any other provision of law, of the amounts pro17 vided herein, not to exceed $389,490,000 shall be for pay18 ments to tribes and tribal organizations for contract or 

19 grant support costs associated with contracts, grants, self20 governance compacts, or annual funding agreements be21 tween the Indian Health Service and a tribe or tribal orga22 nization pursuant to the Indian Self-Determination Act of 

23 1975, as amended, prior to or during fiscal year 2010, of 

24 which not to exceed $5,000,000 may be used for contract 

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1 mination contracts, grants, self-governance compacts, or 

2 annual funding agreements: Provided further, That the Bu3 reau of Indian Affairs may collect from the Indian Health 

4 Service, tribes and tribal organizations operating health fa5 cilities pursuant to Public Law 93–638, such individually 

6 identifiable health information relating to disabled children 

7 as may be necessary for the purpose of carrying out its 

8 functions under the Individuals with Disabilities Edu9 cation Act (20 U.S.C. 1400, et seq.): Provided further, That 

10 the Indian Health Care Improvement Fund may be used, 

11 as needed, to carry out activities typically funded under 

12 the Indian Health Facilities account. 

13 INDIAN HEALTH FACILITIES

14 For construction, repair, maintenance, improvement, 

15 and equipment of health and related auxiliary facilities, in16 cluding quarters for personnel; preparation of plans, speci17 fications, and drawings; acquisition of sites, purchase and 

18 erection of modular buildings, and purchases of trailers; 

19 and for provision of domestic and community sanitation 

20 facilities for Indians, as authorized by section 7 of the Act 

21 of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Deter22 mination Act, and the Indian Health Care Improvement 

23 Act, and for expenses necessary to carry out such Acts and 

24 titles II and III of the Public Health Service Act with re25 spect to environmental health and facilities support activiVerDate Nov 24 2008 02:13 Sep 26, 2009 Jkt 079200 PO 00000 Frm 00218 Fmt 6652 Sfmt 6203 E:\BILLS\H2996.PP H2996

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1 ties of the Indian Health Service, $394,757,000, to remain 

2 available until expended: Provided, That notwithstanding 

3 any other provision of law, funds appropriated for the plan4 ning, design, construction, renovation or expansion of 

5 health facilities for the benefit of an Indian tribe or tribes 

6 may be used to purchase land on which such facilities will 

7 be located: Provided further, That not to exceed $500,000 

8 shall be used by the Indian Health Service to purchase 

9 TRANSAM equipment from the Department of Defense for 

10 distribution to the Indian Health Service and tribal facili11 ties: Provided further, That none of the funds appropriated 

12 to the Indian Health Service may be used for sanitation 

13 facilities construction for new homes funded with grants by 

14 the housing programs of the United States Department of 

15 Housing and Urban Development: Provided further, That 

16 not to exceed $2,700,000 from this account and the ‘‘Indian 

17 Health Services’’ account shall be used by the Indian Health 

18 Service to obtain ambulances for the Indian Health Service 

19 and tribal facilities in conjunction with an existing inter20 agency agreement between the Indian Health Service and 

21 the General Services Administration: Provided further, 

22 That not to exceed $500,000 shall be placed in a Demolition 

23 Fund, to remain available until expended, and be used by 

24 the Indian Health Service for the demolition of Federal 

25 buildings. 


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1 ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

2 Appropriations provided in this Act to the Indian 

3 Health Service shall be available for services as authorized 

4 by 5 U.S.C. 3109 at rates not to exceed the per diem rate 

5 equivalent to the maximum rate payable for senior-level po6 sitions under 5 U.S.C. 5376; hire of passenger motor vehi7 cles and aircraft; purchase of medical equipment; purchase 

8 of reprints; purchase, renovation and erection of modular 

9 buildings and renovation of existing facilities; payments for 

10 telephone service in private residences in the field, when au11 thorized under regulations approved by the Secretary; uni12 forms or allowances therefor as authorized by 5 U.S.C. 

13 5901–5902; and for expenses of attendance at meetings that 

14 relate to the functions or activities of the Indian Health 

15 Service. 

16 In accordance with the provisions of the Indian Health 

17 Care Improvement Act, non-Indian patients may be ex18 tended health care at all tribally administered or Indian 

19 Health Service facilities, subject to charges, and the pro20 ceeds along with funds recovered under the Federal Medical 

21 Care Recovery Act (42 U.S.C. 2651–2653) shall be credited 

22 to the account of the facility providing the service and shall 

23 be available without fiscal year limitation. Notwith24 standing any other law or regulation, funds transferred 

25 from the Department of Housing and Urban Development 


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1 to the Indian Health Service shall be administered under 

2 Public Law 86–121, the Indian Sanitation Facilities Act 

3 and Public Law 93–638, as amended. 

4 Funds appropriated to the Indian Health Service in 

5 this Act, except those used for administrative and program 

6 direction purposes, shall not be subject to limitations di7 rected at curtailing Federal travel and transportation. 

8 None of the funds made available to the Indian Health 

9 Service in this Act shall be used for any assessments or 

10 charges by the Department of Health and Human Services 

11 unless identified in the budget justification and provided 

12 in this Act, or approved by the House and Senate Commit13 tees on Appropriations through the reprogramming process. 

14 Notwithstanding any other provision of law, funds 

15 previously or herein made available to a tribe or tribal or16 ganization through a contract, grant, or agreement author17 ized by title I or title V of the Indian Self-Determination 

18 and Education Assistance Act of 1975 (25 U.S.C. 450), may 

19 be deobligated and reobligated to a self-determination con20 tract under title I, or a self-governance agreement under 

21 title V of such Act and thereafter shall remain available 

22 to the tribe or tribal organization without fiscal year limi23 tation. 

24 None of the funds made available to the Indian Health 

25 Service in this Act shall be used to implement the final rule 


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1 published in the Federal Register on September 16, 1987, 

2 by the Department of Health and Human Services, relating 

3 to the eligibility for the health care services of the Indian 

4 Health Service until the Indian Health Service has sub5 mitted a budget request reflecting the increased costs associ6 ated with the proposed final rule, and such request has been 

7 included in an appropriations Act and enacted into law. 

8 With respect to functions transferred by the Indian 

9 Health Service to tribes or tribal organizations, the Indian 

10 Health Service is authorized to provide goods and services 

11 to those entities on a reimbursable basis, including pay12 ments in advance with subsequent adjustment. The reim13 bursements received therefrom, along with the funds received 

14 from those entities pursuant to the Indian Self-Determina15 tion Act, may be credited to the same or subsequent appro16 priation account from which the funds were originally de17 rived, with such amounts to remain available until ex18 pended. 

19 Reimbursements for training, technical assistance, or 

20 services provided by the Indian Health Service will contain 

21 total costs, including direct, administrative, and overhead 

22 associated with the provision of goods, services, or technical 

23 assistance. 


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1 The appropriation structure for the Indian Health 

2 Service may not be altered without advance notification to 

3 the House and Senate Committees on Appropriations. 

4 NATIONAL INSTITUTES OF HEALTH

5 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

6 SCIENCES

7 For necessary expenses for the National Institute of 

8 Environmental Health Sciences in carrying out activities 

9 set forth in section 311(a) of the Comprehensive Environ10 mental Response, Compensation, and Liability Act of 1980, 

11 as amended, and section 126(g) of the Superfund Amend12 ments and Reauthorization Act of 1986, $79,212,000. 

13 AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

14 TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

15 For necessary expenses for the Agency for Toxic Sub16 stances and Disease Registry (ATSDR) in carrying out ac17 tivities set forth in sections 104(i) and 111(c)(4) of the 

18 Comprehensive Environmental Response, Compensation, 

19 and Liability Act of 1980 (CERCLA), as amended; section 

20 118(f) of the Superfund Amendments and Reauthorization 

21 Act of 1986 (SARA), as amended; and section 3019 of the 

22 Solid Waste Disposal Act, as amended, $76,792,000, of 

23 which up to $1,000 to remain available until expended, is 

24 for Individual Learning Accounts for full-time equivalent 

25 employees of the Agency for Toxic Substances and Disease 


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1 Registry: Provided, That notwithstanding any other provi2 sion of law, in lieu of performing a health assessment under 

3 section 104(i)(6) of CERCLA, the Administrator of ATSDR 

4 may conduct other appropriate health studies, evaluations, 

5 or activities, including, without limitation, biomedical test6 ing, clinical evaluations, medical monitoring, and referral 

7 to accredited health care providers: Provided further, That 

8 in performing any such health assessment or health study, 

9 evaluation, or activity, the Administrator of ATSDR shall 

10 not be bound by the deadlines in section 104(i)(6)(A) of 

11 CERCLA: Provided further, That none of the funds appro12 priated under this heading shall be available for ATSDR 

13 to issue in excess of 40 toxicological profiles pursuant to 

14 section 104(i) of CERCLA during fiscal year 2010, and ex15 isting profiles may be updated as necessary. 

16 OTHER RELATED AGENCIES 

17 EXECUTIVE OFFICE OF THE PRESIDENT

18 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

19 ENVIRONMENTAL QUALITY

20 For necessary expenses to continue functions assigned 

21 to the Council on Environmental Quality and Office of En22 vironmental Quality pursuant to the National Environ23 mental Policy Act of 1969, the Environmental Quality Im24 provement Act of 1970, and Reorganization Plan No. 1 of 

25 1977, and not to exceed $750 for official reception and repVerDate Nov 24 2008 02:13 Sep 26, 2009 Jkt 079200 PO 00000 Frm 00224 Fmt 6652 Sfmt 6203 E:\BILLS\H2996.PP H2996

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1 resentation expenses, $3,159,000: Provided, That notwith2 standing section 202 of the National Environmental Policy 

3 Act of 1970, the Council shall consist of one member, ap4 pointed by the President, by and with the advice and con5 sent of the Senate, serving as chairman and exercising all 

6 powers, functions, and duties of the Council. 

7 CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

8 SALARIES AND EXPENSES

9 (INCLUDING TRANSFER OF FUNDS)

10 For necessary expenses in carrying out activities pur11 suant to section 112(r)(6) of the Clean Air Act, as amended, 

12 including hire of passenger vehicles, uniforms or allowances 

13 therefor, as authorized by 5 U.S.C. 5901–5902, and for serv14 ices authorized by 5 U.S.C. 3109 but at rates for individ15 uals not to exceed the per diem equivalent to the maximum 

16 rate payable for senior level positions under 5 U.S.C. 5376, 

17 $11,195,000. 

18 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

19 SALARIES AND EXPENSES

20 For necessary expenses of the Office of Navajo and 

21 Hopi Indian Relocation as authorized by Public Law 93– 

22 531, $8,000,000, to remain available until expended: Pro23 vided, That funds provided in this or any other appropria24 tions Act are to be used to relocate eligible individuals and 

25 groups including evictees from District 6, Hopi-partitioned 


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1 lands residents, those in significantly substandard housing, 

2 and all others certified as eligible and not included in the 

3 preceding categories: Provided further, That none of the 

4 funds contained in this or any other Act may be used by 

5 the Office of Navajo and Hopi Indian Relocation to evict 

6 any single Navajo or Navajo family who, as of November 

7 30, 1985, was physically domiciled on the lands partitioned 

8 to the Hopi Tribe unless a new or replacement home is pro9 vided for such household: Provided further, That no 

10 relocatee will be provided with more than one new or re11 placement home: Provided further, That the Office shall re12 locate any certified eligible relocatees who have selected and 

13 received an approved homesite on the Navajo reservation 

14 or selected a replacement residence off the Navajo reserva15 tion or on the land acquired pursuant to 25 U.S.C. 640d– 

16 10. 

17 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

18 CULTURE AND ARTS DEVELOPMENT

19 PAYMENT TO THE INSTITUTE

20 For payment to the Institute of American Indian and 

21 Alaska Native Culture and Arts Development, as authorized 

22 by title XV of Public Law 99–498, as amended (20 U.S.C. 

23 56 part A), $8,300,000. 


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1 SMITHSONIAN INSTITUTION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Smithsonian Institution, 

4 as authorized by law, including research in the fields of art, 

5 science, and history; development, preservation, and docu6 mentation of the National Collections; presentation of pub7 lic exhibits and performances; collection, preparation, dis8 semination, and exchange of information and publications; 

9 conduct of education, training, and museum assistance pro10 grams; maintenance, alteration, operation, lease agreements 

11 of no more than 30 years, and protection of buildings, fa12 cilities, and approaches; not to exceed $100,000 for services 

13 as authorized by 5 U.S.C. 3109; and purchase, rental, re14 pair, and cleaning of uniforms for employees, $634,161,000, 

15 of which not to exceed $19,117,000 for the instrumentation 

16 program, collections acquisition, exhibition reinstallation, 

17 the National Museum of African American History and 

18 Culture, and the repatriation of skeletal remains program 

19 shall remain available until expended; of which $1,553,000 

20 for fellowships and scholarly awards shall remain available 

21 until September 30, 2011; of which $250,000 may be made 

22 available to carry out activities under the Civil Rights His23 tory Project Act of 2009 (20 U.S.C. 80s et seq.), to remain 

24 available until expended; and including such funds as may 

25 be necessary to support American overseas research centers: 


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1 Provided, That funds appropriated herein are available for 

2 advance payments to independent contractors performing 

3 research services or participating in official Smithsonian 

4 presentations. 

5 FACILITIES CAPITAL

6 For necessary expenses of repair, revitalization, and 

7 alteration of facilities owned or occupied by the Smithso8 nian Institution, by contract or otherwise, as authorized by 

9 section 2 of the Act of August 22, 1949 (63 Stat. 623), and 

10 for construction, including necessary personnel, 

11 $125,000,000, to remain available until expended, of which 

12 not to exceed $10,000 is for services as authorized by 5 

13 U.S.C. 3109. 

14 LEGACY FUND

15 (INCLUDING RESCISSION OF FUNDS)

16 For the purpose of developing a public-private part17 nership to facilitate the reopening of the Arts and Industries 

18 Building of the Smithsonian Institution, $30,000,000, to re19 main available until expended, for repair, renovation and 

20 revitalization of the building: Provided, That such funds 

21 shall be matched on a 1:1 basis by private donations: Pro22 vided further, That major in-kind donations that contribute 

23 significantly to the redesign and purpose of the reopened 

24 building be considered to qualify toward the total private 

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1 ments, which are designated for the care and renewal of 

2 permanent exhibitions installed in the Arts and Industries 

3 Building, be considered as qualifying toward the total pri4 vate match: Provided further, That this appropriation may 

5 be made available to the Smithsonian Institution incremen6 tally as private funding becomes available: Provided fur7 ther, That any other provision of law that adjusts the over8 all amount of the Federal appropriation for this account 

9 shall also apply to the privately contributed requirement: 

10 Provided further, That the unobligated balances provided 

11 under this heading in Public Law 110–161 and Public Law 

12 111–8 are hereby rescinded. 

13 NATIONAL GALLERY OF ART

14 SALARIES AND EXPENSES

15 For the upkeep and operations of the National Gallery 

16 of Art, the protection and care of the works of art therein, 

17 and administrative expenses incident thereto, as authorized 

18 by the Act of March 24, 1937 (50 Stat. 51), as amended 

19 by the public resolution of April 13, 1939 (Public Resolu20 tion 9, Seventy-sixth Congress), including services as au21 thorized by 5 U.S.C. 3109; payment in advance when au22 thorized by the treasurer of the Gallery for membership in 

23 library, museum, and art associations or societies whose 

24 publications or services are available to members only, or 

25 to members at a price lower than to the general public; purVerDate Nov 24 2008 02:13 Sep 26, 2009 Jkt 079200 PO 00000 Frm 00229 Fmt 6652 Sfmt 6203 E:\BILLS\H2996.PP H2996

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1 chase, repair, and cleaning of uniforms for guards, and uni2 forms, or allowances therefor, for other employees as author3 ized by law (5 U.S.C. 5901–5902); purchase or rental of 

4 devices and services for protecting buildings and contents 

5 thereof, and maintenance, alteration, improvement, and re6 pair of buildings, approaches, and grounds; and purchase 

7 of services for restoration and repair of works of art for 

8 the National Gallery of Art by contracts made, without ad9 vertising, with individuals, firms, or organizations at such 

10 rates or prices and under such terms and conditions as the 

11 Gallery may deem proper, $110,746,000, of which not to 

12 exceed $3,386,000 for the special exhibition program shall 

13 remain available until expended. 

14 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

15 For necessary expenses of repair, restoration and ren16 ovation of buildings, grounds and facilities owned or occu17 pied by the National Gallery of Art, by contract or other18 wise, as authorized, $54,499,000, to remain available until 

19 expended: Provided, That of this amount, up to $40,000,000 

20 shall be available for repair of the National Gallery’s East 

21 Building fac ̧ade: Provided further, That notwithstanding 

22 any other provision of law, a single procurement for the 

23 foregoing Major Critical Project may be issued which in24 cludes the full scope of the project: Provided further, That 

25 the solicitation and contract shall contain the clause ‘‘availVerDate Nov 24 2008 02:13 Sep 26, 2009 Jkt 079200 PO 00000 Frm 00230 Fmt 6652 Sfmt 6203 E:\BILLS\H2996.PP H2996

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1 ability of funds’’ found at 48 CFR 52.232.18: Provided fur2 ther, That contracts awarded for environmental systems, 

3 protection systems, and exterior repair or renovation of 

4 buildings of the National Gallery of Art may be negotiated 

5 with selected contractors and awarded on the basis of con6 tractor qualifications as well as price. 

7 JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

8 OPERATIONS AND MAINTENANCE

9 For necessary expenses for the operation, maintenance 

10 and security of the John F. Kennedy Center for the Per11 forming Arts, $22,500,000. 

12 CAPITAL REPAIR AND RESTORATION

13 For necessary expenses for capital repair and restora14 tion of the existing features of the building and site of the 

15 John F. Kennedy Center for the Performing Arts, 

16 $17,447,000, to remain available until expended. 

17 WOODROW WILSON INTERNATIONAL CENTER FOR

18 SCHOLARS

19 SALARIES AND EXPENSES

20 For expenses necessary in carrying out the provisions 

21 of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 

22 1356) including hire of passenger vehicles and services as 

23 authorized by 5 U.S.C. 3109, $10,225,000. 


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1 NATIONAL FOUNDATION ON THE ARTS AND THE

2 HUMANITIES

3 NATIONAL ENDOWMENT FOR THE ARTS

4 GRANTS AND ADMINISTRATION

5 For necessary expenses to carry out the National Foun6 dation on the Arts and the Humanities Act of 1965, as 

7 amended, $161,315,000 shall be available to the National 

8 Endowment for the Arts for the support of projects and pro9 ductions in the arts, including arts education and public 

10 outreach activities, through assistance to organizations and 

11 individuals pursuant to section 5 of the Act, for program 

12 support, and for administering the functions of the Act, to 

13 remain available until expended: Provided, That funds ap14 propriated herein shall be expended in accordance with sec15 tions 309 and 311 of Public Law 108–447. 

16 NATIONAL ENDOWMENT FOR THE HUMANITIES

17 GRANTS AND ADMINISTRATION

18 For necessary expenses to carry out the National Foun19 dation on the Arts and the Humanities Act of 1965, as 

20 amended, $161,315,000, to remain available until ex21 pended, of which $147,015,000 shall be available for support 

22 of activities in the humanities, pursuant to section 7(c) of 

23 the Act and for administering the functions of the Act; and 

24 $14,300,000 shall be available to carry out the matching 

25 grants program pursuant to section 10(a)(2) of the Act inVerDate Nov 24 2008 02:13 Sep 26, 2009 Jkt 079200 PO 00000 Frm 00232 Fmt 6652 Sfmt 6203 E:\BILLS\H2996.PP H2996

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1 cluding $9,500,000 for the purposes of section 7(h): Pro2 vided, That appropriations for carrying out section 

3 10(a)(2) shall be available for obligation only in such 

4 amounts as may be equal to the total amounts of gifts, be5 quests, and devises of money, and other property accepted 

6 by the chairman or by grantees of the Endowment under 

7 the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) 

8 during the current and preceding fiscal years for which 

9 equal amounts have not previously been appropriated. 

10 ADMINISTRATIVE PROVISIONS

11 None of the funds appropriated to the National Foun12 dation on the Arts and the Humanities may be used to 

13 process any grant or contract documents which do not in14 clude the text of 18 U.S.C. 1913. 

15 None of the funds appropriated to the National Foun16 dation on the Arts and the Humanities may be used for 

17 official reception and representation expenses: Provided, 

18 That funds from nonappropriated sources may be used as 

19 necessary for official reception and representation expenses. 

20 The Chairperson of the National Endowment for the 

21 Arts may approve grants of up to $10,000, if in the aggre22 gate this amount does not exceed 5 percent of the sums ap23 propriated for grant-making purposes per year: Provided, 

24 That such small grant actions are taken pursuant to the 


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1 terms of an expressed and direct delegation of authority 

2 from the National Council on the Arts to the Chairperson. 

3 COMMISSION OF FINE ARTS

4 SALARIES AND EXPENSES

5 For expenses made necessary by the Act establishing 

6 a Commission of Fine Arts (40 U.S.C. 104), $2,294,000: 

7 Provided, That the Commission is authorized to charge fees 

8 to cover the full costs of its publications, and such fees shall 

9 be credited to this account as an offsetting collection, to re10 main available until expended without further appropria11 tion: Provided further, That the Commission is authorized 

12 to accept gifts, including objects, papers, artwork, drawings 

13 and artifacts, that pertain to the history and design of the 

14 Nation’s Capital or the history and activities of the Com15 mission of Fine Arts, for the purpose of artistic display, 

16 study or education. 

17 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

18 For necessary expenses as authorized by Public Law 

19 99–190 (20 U.S.C. 956a), as amended, $9,500,000: Pro20 vided, That no organization shall receive a grant in excess 

21 of $650,000 in a single year. 

22 ADVISORY COUNCIL ON HISTORIC PRESERVATION

23 SALARIES AND EXPENSES

24 For necessary expenses of the Advisory Council on His25 toric Preservation (Public Law 89–665, as amended), 


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1 $5,908,000: Provided, That none of these funds shall be 

2 available for compensation of level V of the Executive Sched3 ule or higher positions. 

4 NATIONAL CAPITAL PLANNING COMMISSION

5 SALARIES AND EXPENSES

6 For necessary expenses, as authorized by the National 

7 Capital Planning Act of 1952 (40 U.S.C. 71–71i), includ8 ing services as authorized by 5 U.S.C. 3109, $8,507,000: 

9 Provided, That one-quarter of 1 percent of the funds pro10 vided under this heading may be used for official reception 

11 and representational expenses associated with hosting inter12 national visitors engaged in the planning and physical de13 velopment of world capitals. 

14 UNITED STATES HOLOCAUST MEMORIAL MUSEUM

15 HOLOCAUST MEMORIAL MUSEUM

16 For expenses of the Holocaust Memorial Museum, as 

17 authorized by Public Law 106–292 (36 U.S.C. 2301–2310), 

18 $49,122,000, of which $515,000 for the Museum’s equipment 

19 replacement program, $1,900,000 for the museum’s repair 

20 and rehabilitation program and $1,264,000 for the muse21 um’s exhibition design and production program shall re22 main available until expended. 


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1 PRESIDIO TRUST

2 PRESIDIO TRUST FUND

3 For necessary expenses to carry out title I of the Omni4 bus Parks and Public Lands Management Act of 1996, 

5 $17,230,000 shall be available to the Presidio Trust, to re6 main available until expended. 

7 DWIGHT D. EISENHOWER MEMORIAL COMMISSION

8 SALARIES AND EXPENSES

9 For necessary expenses, including the costs of construc10 tion design, of the Dwight D. Eisenhower Memorial Com11 mission, $3,000,000, to remain available until expended. 

12 CAPITAL CONSTRUCTION

13 For necessary expenses of the Dwight D. Eisenhower 

14 Memorial Commission for design and construction of a me15 morial in honor of Dwight D. Eisenhower, as authorized 

16 by Public Law 106–79, $16,000,000, to remain available 

17 until expended. 

18 TITLE IV 

19 GENERAL PROVISIONS 

20 LIMITATION ON CONSULTING SERVICES

21 (INCLUDING TRANSFERS OF FUNDS)

22 SEC. 401. The expenditure of any appropriation under 

23 this Act for any consulting service through procurement 

24 contract, pursuant to 5 U.S.C. 3109, shall be limited to 

25 those contracts where such expenditures are a matter of pubVerDate Nov 24 2008 02:13 Sep 26, 2009 Jkt 079200 PO 00000 Frm 00236 Fmt 6652 Sfmt 6203 E:\BILLS\H2996.PP H2996

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1 lic record and available for public inspection, except where 

2 otherwise provided under existing law, or under existing 

3 Executive Order issued pursuant to existing law. 

4 RESTRICTION ON USE OF FUNDS

5 SEC. 402. No part of any appropriation contained in 

6 this Act shall be available for any activity or the publica7 tion or distribution of literature that in any way tends to 

8 promote public support or opposition to any legislative pro9 posal on which Congressional action is not complete other 

10 than to communicate to Members of Congress as described 

11 in 18 U.S.C. 1913. 

12 PROHIBITION ON USE OF FUNDS FOR PERSONAL SERVICES

13 SEC. 403. None of the funds provided in this Act to 

14 any department or agency shall be obligated or expended 

15 to provide a personal cook, chauffeur, or other personal serv16 ants to any officer or employee of such department or agen17 cy except as otherwise provided by law. 

18 DISCLOSURE OF ADMINISTRATIVE EXPENSES

19 SEC. 404. Estimated overhead charges, deductions, re20 serves or holdbacks from programs, projects, activities and 

21 subactivities to support government-wide, departmental, 

22 agency or bureau administrative functions or headquarters, 

23 regional or central operations shall be presented in annual 

24 budget justifications and subject to approval by the Com25 mittees on Appropriations. Changes to such estimates shall 


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1 be presented to the Committees on Appropriations for ap2 proval. 

3 GIANT SEQUOIA

4 SEC. 405. None of the funds in this Act may be used 

5 to plan, prepare, or offer for sale timber from trees classified 

6 as giant sequoia (Sequoiadendron giganteum) which are lo7 cated on National Forest System or Bureau of Land Man8 agement lands in a manner different than such sales were 

9 conducted in fiscal year 2009. 

10 MINING APPLICATIONS

11 SEC. 406. (a) None of the funds appropriated or other12 wise made available pursuant to this Act shall be obligated 

13 or expended to accept or process applications for a patent 

14 for any mining or mill site claim located under the general 

15 mining laws. 

16 (b) EXCEPTIONS.—The provisions of subsection (a) 

17 shall not apply if the Secretary of the Interior determines 

18 that, for the claim concerned: (1) a patent application was 

19 filed with the Secretary on or before September 30, 1994; 

20 and (2) all requirements established under sections 2325 

21 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) 

22 for vein or lode claims and sections 2329, 2330, 2331, and 

23 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37) 

24 for placer claims, and section 2337 of the Revised Statutes 


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1 (30 U.S.C. 42) for mill site claims, as the case may be, 

2 were fully complied with by the applicant by that date. 

3 (c) REPORT.—On September 30, 2010, the Secretary 

4 of the Interior shall file with the House and Senate Com5 mittees on Appropriations and the Committee on Natural 

6 Resources of the House of Representatives and the Com7 mittee on Energy and Natural Resources of the Senate a 

8 report on actions taken by the Department under the plan 

9 submitted pursuant to section 314(c) of the Department of 

10 the Interior and Related Agencies Appropriations Act, 1997 

11 (Public Law 104–208). 

12 (d) MINERAL EXAMINATIONS.—In order to process 

13 patent applications in a timely and responsible manner, 

14 upon the request of a patent applicant, the Secretary of the 

15 Interior shall allow the applicant to fund a qualified third16 party contractor to be selected by the Bureau of Land Man17 agement to conduct a mineral examination of the mining 

18 claims or mill sites contained in a patent application as 

19 set forth in subsection (b). The Bureau of Land Manage20 ment shall have the sole responsibility to choose and pay 

21 the third-party contractor in accordance with the standard 

22 procedures employed by the Bureau of Land Management 

23 in the retention of third-party contractors. 


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1 CONTRACT SUPPORT COSTS

2 SEC. 407. Notwithstanding any other provision of law, 

3 amounts appropriated to or otherwise designated in com4 mittee reports for the Bureau of Indian Affairs and the In5 dian Health Service by Public Laws 103–138, 103–332, 

6 104–134, 104–208, 105–83, 105–277, 106–113, 106–291, 

7 107–63, 108–7, 108–108, 108–447, 109–54, 109–289, divi8 sion B and Continuing Appropriations Resolution, 2007 

9 (division B of Public Law 109–289, as amended by Public 

10 Laws 110–5 and 110–28), and Public Laws 110–92, 110– 

11 116, 110–137, 110–149, 110–161, 110–329, 111–6, and 

12 111–8 for payments for contract support costs associated 

13 with self-determination or self-governance contracts, grants, 

14 compacts, or annual funding agreements with the Bureau 

15 of Indian Affairs or the Indian Health Service as funded 

16 by such Acts, are the total amounts available for fiscal years 

17 1994 through 2009 for such purposes, except that for the 

18 Bureau of Indian Affairs, tribes and tribal organizations 

19 may use their tribal priority allocations for unmet contract 

20 support costs of ongoing contracts, grants, self-governance 

21 compacts, or annual funding agreements. 

22 FOREST MANAGEMENT PLANS

23 SEC. 408. Prior to October 1, 2010, the Secretary of 

24 Agriculture shall not be considered to be in violation of sub25 paragraph 6(f)(5)(A) of the Forest and Rangeland RenewVerDate Nov 24 2008 02:13 Sep 26, 2009 Jkt 079200 PO 00000 Frm 00240 Fmt 6652 Sfmt 6203 E:\BILLS\H2996.PP H2996

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1 able Resources Planning Act of 1974 (16 U.S.C. 

2 1604(f)(5)(A)) solely because more than 15 years have 

3 passed without revision of the plan for a unit of the Na4 tional Forest System. Nothing in this section exempts the 

5 Secretary from any other requirement of the Forest and 

6 Rangeland Renewable Resources Planning Act (16 U.S.C. 

7 1600 et seq.) or any other law: Provided, That if the Sec8 retary is not acting expeditiously and in good faith, within 

9 the funding available, to revise a plan for a unit of the 

10 National Forest System, this section shall be void with re11 spect to such plan and a court of proper jurisdiction may 

12 order completion of the plan on an accelerated basis. 

13 PROHIBITION WITHIN NATIONAL MONUMENTS

14 SEC. 409. No funds provided in this Act may be ex15 pended to conduct preleasing, leasing and related activities 

16 under either the Mineral Leasing Act (30 U.S.C. 181 et seq.) 

17 or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 

18 et seq.) within the boundaries of a National Monument es19 tablished pursuant to the Act of June 8, 1906 (16 U.S.C. 

20 431 et seq.) as such boundary existed on January 20, 2001, 

21 except where such activities are allowed under the Presi22 dential proclamation establishing such monument. 

23 INTERNATIONAL FIREFIGHTER COOPERATIVE AGREEMENTS

24 SEC. 410. In entering into agreements with foreign 

25 countries pursuant to the Wildfire Suppression Assistance 


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1 Act (42 U.S.C. 1856m) the Secretary of Agriculture and 

2 the Secretary of the Interior are authorized to enter into 

3 reciprocal agreements in which the individuals furnished 

4 under said agreements to provide wildfire services are con5 sidered, for purposes of tort liability, employees of the coun6 try receiving said services when the individuals are engaged 

7 in fire suppression: Provided, That the Secretary of Agri8 culture or the Secretary of the Interior should not enter into 

9 any agreement under this provision unless the foreign coun10 try (either directly or through its fire organization) agrees 

11 to assume any and all liability for the acts or omissions 

12 of American firefighters engaged in firefighting in a foreign 

13 country: Provided further, That when an agreement is 

14 reached for furnishing fire fighting services, the only rem15 edies for acts or omissions committed while fighting fires 

16 shall be those provided under the laws of the host country, 

17 and those remedies shall be the exclusive remedies for any 

18 claim arising out of fighting fires in a foreign country: Pro19 vided further, That neither the sending country nor any 

20 legal organization associated with the firefighter shall be 

21 subject to any legal action whatsoever pertaining to or aris22 ing out of the firefighter’s role in fire suppression. 

23 CONTRACTING AUTHORITIES

24 SEC. 411. In awarding a Federal contract with funds 

25 made available by this Act, notwithstanding Federal GovVerDate Nov 24 2008 02:13 Sep 26, 2009 Jkt 079200 PO 00000 Frm 00242 Fmt 6652 Sfmt 6203 E:\BILLS\H2996.PP H2996

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1 ernment procurement and contracting laws, the Secretary 

2 of Agriculture and the Secretary of the Interior (the ‘‘Secre3 taries’’) may, in evaluating bids and proposals, give consid4 eration to local contractors who are from, and who provide 

5 employment and training for, dislocated and displaced 

6 workers in an economically disadvantaged rural commu7 nity, including those historically timber-dependent areas 

8 that have been affected by reduced timber harvesting on 

9 Federal lands and other forest-dependent rural communities 

10 isolated from significant alternative employment opportu11 nities: Provided, That notwithstanding Federal Government 

12 procurement and contracting laws the Secretaries may 

13 award contracts, grants or cooperative agreements to local 

14 non-profit entities, Youth Conservation Corps or related 

15 partnerships with State, local or non-profit youth groups, 

16 or small or micro-business or disadvantaged business: Pro17 vided further, That the contract, grant, or cooperative agree18 ment is for forest hazardous fuels reduction, watershed or 

19 water quality monitoring or restoration, wildlife or fish 

20 population monitoring, or habitat restoration or manage21 ment: Provided further, That the terms ‘‘rural community’’ 

22 and ‘‘economically disadvantaged’’ shall have the same 

23 meanings as in section 2374 of Public Law 101–624: Pro24 vided further, That the Secretaries shall develop guidance 

25 to implement this section: Provided further, That nothing 


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1 in this section shall be construed as relieving the Secretaries 

2 of any duty under applicable procurement laws, except as 

3 provided in this section. 

4 PROHIBITION ON USE OF FUNDS

5 SEC. 412. None of the funds made available by this 

6 or any other Act may be used in fiscal year 2010 for com7 petitive sourcing studies and any related activities involv8 ing Forest Service personnel. 

9 LIMITATION ON TAKINGS

10 SEC. 413. Unless otherwise provided herein, no funds 

11 appropriated in this Act for the acquisition of lands or in12 terests in lands may be expended for the filing of declara13 tions of taking or complaints in condemnation without the 

14 approval of the House and Senate Committees on Appro15 priations: Provided, That this provision shall not apply to 

16 funds appropriated to implement the Everglades National 

17 Park Protection and Expansion Act of 1989, or to funds 

18 appropriated for Federal assistance to the State of Florida 

19 to acquire lands for Everglades restoration purposes. 

20 HUNTERS POINT ENVIRONMENTAL CLEANUP

21 SEC. 414. In addition to the amounts otherwise pro22 vided to the Environmental Protection Agency in this Act, 

23 $8,000,000, to remain available until expended, is provided 

24 to EPA to be transferred to the Department of the Navy 


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1 for clean-up activities at the Treasure Island Naval Sta2 tion—Hunters Point Annex. 

3 EXTENSION OF GRAZING PERMITS

4 SEC. 415. Section 325 of Public Law 108–108 is 

5 amended by striking ‘‘fiscal years 2004–2008’’ and insert6 ing ‘‘fiscal year 2010.’’ 

7 ALASKA NATIVE HEALTH CARE SERVICES

8 SEC. 416. (a) Notwithstanding any other provision of 

9 law and until October 1, 2011, the Indian Health Service 

10 may not disburse funds for the provision of health care serv11 ices pursuant to Public Law 93–638 (25 U.S.C. 450 et seq.) 

12 to any Alaska Native village or Alaska Native village cor13 poration that is located within the area served by an Alaska 

14 Native regional health entity. 

15 (b) Nothing in this section shall be construed to pro16 hibit the disbursal of funds to any Alaska Native village 

17 or Alaska Native village corporation under any contract or 

18 compact entered into prior to May 1, 2006, or to prohibit 

19 the renewal of any such agreement. 

20 (c) For the purpose of this section, Eastern Aleutian 

21 Tribes, Inc., the Council of Athabascan Tribal Governments, 

22 and the Native Village of Eyak shall be treated as Alaska 

23 Native regional health entities to which funds may be dis24 bursed under this section. 


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1 TIMBER SALE REQUIREMENTS

2 SEC. 417. No timber sale in Region 10 shall be adver3 tised if the indicated rate is deficit when appraised using 

4 a residual value approach that assigns domestic Alaska val5 ues for western red cedar. Program accomplishments shall 

6 be based on volume sold. Should Region 10 sell, in the cur7 rent fiscal year, the annual average portion of the decadal 

8 allowable sale quantity called for in the current Tongass 

9 Land Management Plan in sales which are not deficit when 

10 appraised using a residual value approach that assigns do11 mestic Alaska values for western red cedar, all of the west12 ern red cedar timber from those sales which is surplus to 

13 the needs of domestic processors in Alaska, shall be made 

14 available to domestic processors in the contiguous 48 United 

15 States at prevailing domestic prices. Should Region 10 sell, 

16 in the current fiscal year, less than the annual average por17 tion of the decadal allowable sale quantity called for in the 

18 Tongass Land Management Plan in sales which are not def19 icit when appraised using a residual value approach that 

20 assigns domestic Alaska values for western red cedar, the 

21 volume of western red cedar timber available to domestic 

22 processors at prevailing domestic prices in the contiguous 

23 48 United States shall be that volume: (1) which is surplus 

24 to the needs of domestic processors in Alaska; and (2) is 

25 that percent of the surplus western red cedar volume deterVerDate Nov 24 2008 02:13 Sep 26, 2009 Jkt 079200 PO 00000 Frm 00246 Fmt 6652 Sfmt 6203 E:\BILLS\H2996.PP H2996

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1 mined by calculating the ratio of the total timber volume 

2 which has been sold on the Tongass to the annual average 

3 portion of the decadal allowable sale quantity called for in 

4 the current Tongass Land Management Plan. The percent5 age shall be calculated by Region 10 on a rolling basis as 

6 each sale is sold (for purposes of this amendment, a ‘‘rolling 

7 basis’’ shall mean that the determination of how much west8 ern red cedar is eligible for sale to various markets shall 

9 be made at the time each sale is awarded). Western red 

10 cedar shall be deemed ‘‘surplus to the needs of domestic 

11 processors in Alaska’’ when the timber sale holder has pre12 sented to the Forest Service documentation of the inability 

13 to sell western red cedar logs from a given sale to domestic 

14 Alaska processors at a price equal to or greater than the 

15 log selling value stated in the contract. All additional west16 ern red cedar volume not sold to Alaska or contiguous 48 

17 United States domestic processors may be exported to for18 eign markets at the election of the timber sale holder. All 

19 Alaska yellow cedar may be sold at prevailing export prices 

20 at the election of the timber sale holder. 

21 COLORADO COOPERATIVE CONSERVATION AUTHORITY

22 SEC. 418. Section 331 of the Department of the Inte23 rior and Related Agencies Appropriations Act, 2001, as 

24 amended, is amended in subsection (e) by striking ‘‘Sep25 tember 30, 2009,’’ and inserting ‘‘September 30, 2014,’’. 


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1 NATIONAL COUNCIL ON THE ARTS MEMBERSHIP

2 SEC. 419. Section 6 of the National Foundation on the 

3 Arts and the Humanities Act of 1965 (Public Law 89–209, 

4 20 U.S.C. 955), as amended, is further amended as follows: 

5 (1) In the first sentence of subsection (b)(1)(C), 

6 by striking ‘‘14’’ and inserting in lieu thereof ‘‘18’’; 

7 and 

8 (2) In the second sentence of subsection (d)(1), by 

9 striking ‘‘Eight’’ and inserting in lieu thereof ‘‘Ten’’. 

10 PROHIBITION ON USE OF FUNDS

11 SEC. 420. Notwithstanding any other provision of law, 

12 none of the funds made available in this Act or any other 

13 Act may be used to promulgate or implement any regula14 tion requiring the issuance of permits under title V of the 

15 Clean Air Act (42 U.S.C. 7661 et seq.) for carbon dioxide, 

16 nitrous oxide, water vapor, or methane emissions resulting 

17 from biological processes associated with livestock produc18 tion. 

19 GREENHOUSE GAS REPORTING RESTRICTIONS

20 SEC. 421. Notwithstanding any other provision of law, 

21 none of the funds made available in this Act or any other 

22 Act may be used to implement any rule that requires man23 datory reporting of greenhouse gas emissions from manure 

24 management systems emitting less than 25,000 tons of car25 bon dioxide equivalent per year. 


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1 CONGRESSIONALLY DIRECTED SPENDING

2 SEC. 422. Within the amounts appropriated in this 

3 Act, funding shall be allocated in the amounts specified for 

4 those projects and purposes delineated in the table titled 

5 ‘‘Congressionally Directed Spending’’ included in the com6 mittee report accompanying this Act. 

7 PROHIBITION ON USE OF FUNDS

8 SEC. 423. None of the funds made available under this 

9 Act may be distributed to the Association of Community 

10 Organizations for Reform Now (ACORN) or its subsidi11 aries. 

12 PROHIBITION ON USE OF WILDLAND FIRE MANAGEMENT

13 STIMULUS FUNDS IN THE DISTRICT OF COLUMBIA

14 SEC. 424. Notwithstanding any other provision of law, 

15 none of the funds made available under the American Re16 covery and Reinvestment Act of 2009 (Public Law 111–5; 

17 123 Stat. 115) for wildland fire management shall be used 

18 in the District of Columbia. 

19 JUNGO DISPOSAL SITE EVALUATION

20 SEC. 425. Using funds made available under this Act, 

21 the Director of the United States Geological Survey may 

22 conduct an evaluation of the aquifers in the area of the 

23 Jungo Disposal Site in Humboldt County, Nevada (referred 

24 to in this section as the ‘‘site’’), to evaluate— 

25 (1) how long it would take waste seepage (in26 cluding asbestos, discarded tires, and sludge from 


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1 water treatment plants) from the site to contaminate 

2 local underground water resources; 

3 (2) the distance that contamination from the site 

4 would travel in each of— 

5 (A) 95 years; and 

6 (B) 190 years; 

7 (3) the potential impact of expected waste seep8 age from the site on nearby surface water resources, 

9 including Rye Patch Reservoir and the Humboldt 

10 River; 

11 (4) the size and elevation of the aquifers; and 

12 (5) any impact that the waste seepage from the 

13 site would have on the municipal water resources of 

14 Winnemucca, Nevada. 

15 BUYOUT AND RELOCATION

16 SEC. 426. (a) As soon as practicable after the date of 

17 enactment of this Act, the Administrator of the Environ18 mental Protection Agency (referred to in this section as the 

19 ‘‘Administrator’’) is encouraged to consider all appropriate 

20 criteria, including cost-effectiveness, relating to the buyout 

21 and relocation of residents of properties in Treece, Kansas, 

22 that are subject to risk relating to, and that may endanger 

23 the health of occupants as a result of risks posed by, chat 

24 (as defined in section 278.1(b) of title 40, Code of Federal 

25 Regulations (as in effect on the date of enactment of this 

26 Act)). 


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1 (b) For the purpose of the remedial action under the 

2 Comprehensive Environmental Response, Compensation, 

3 and Liability Act of 1980 (42 U.S.C. 9601 et seq.) that in4 cludes permanent relocation of residents of Treece, Kansas, 

5 any such relocation shall not be subject to the Uniform Relo6 cation Assistance and Real Property Acquisition Policies 

7 Act of 1970 (42 U.S.C. 4601 et seq.). 

8 (c) Nothing in this section shall in any way affect, 

9 impede, or change the relocation or remediation activities 

10 pursuant to the Record of Decision Operable Unit 4, Chat 

11 Piles, Other Mine and Mill Waste, and Smelter Waste, Tar 

12 Creek Superfund Site, Ottawa County, Oklahoma 

13 (OKD980629844) issued by the Environmental Protection 

14 Agency Region 6 on February 20, 2008, or any other pre15 vious Record of Decision at the Tar Creek, Oklahoma, Na16 tional Priority List Site, by any Federal agency or through 

17 any funding by any Federal agency. 

18 SEC. 427. Section 404(c) of the Agricultural Research, 

19 Extension, and Education Reform Act of 1998 (7 U.S.C. 

20 7624(c)) is amended— 

21 (1) in paragraph (1), by striking ‘‘Agricultural 

22 Research Service’’ and inserting ‘‘Department of Ag23 riculture’’; and 

24 (2) by adding at the end the following: 


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1 ‘‘(3) AUTHORITY OF SECRETARY.—To carry out 

2 a cooperative agreement with a private entity under 

3 paragraph (1), the Secretary may rent to the private 

4 entity equipment, the title of which is held by the 

5 Federal Government.’’. 

6 SEC. 428. It is the sense of the Senate that the Sen7 ate— 

8 (1) supports the National Vehicle Mercury 

9 Switch Recovery Program as an effective way to re10 duce mercury pollution from electric arc furnaces 

11 used by the steel industry to melt scrap metal from 

12 old vehicles; and 

13 (2) urges the founders of the Program to secure 

14 private sector financial support so that the successful 

15 efforts of the Program to reduce mercury pollution 

16 may continue. 

17 NATIONAL FOREST FOUNDATION

18 SEC. 429. Section 403(a) of the National Forest Foun19 dation Act (16 U.S.C. 583j–1(a)) is amended, in the first 

20 sentence, by striking ‘‘fifteen Directors’’ and inserting ‘‘not 

21 more than 30 Directors’’. 

22 CABIN USER FEES

23 SEC. 430. Notwithstanding any other provision of law, 

24 none of the funds made available by this Act shall be used 

25 to increase the amount of cabin user fees under section 608 

26 of the Cabin User Fee Fairness Act of 2000 (16 U.S.C. 


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1 6207) to an amount beyond the amount levied on December 

2 31, 2009. 

3 FLAME FUND FOR EMERGENCY WILDFIRE SUPPRESSION

4 ACTIVITIES

5 SEC. 431. (a) DEFINITIONS.—In this section: 

6 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

7 means— 

8 (A) public land, as defined in section 103 of 

9 the Federal Land Policy and Management Act of 

10 1976 (43 U.S.C. 1702); 

11 (B) units of the National Park System; 

12 (C) refuges of the National Wildlife Refuge 

13 System; 

14 (D) land held in trust by the United States 

15 for the benefit of Indian tribes or members of an 

16 Indian tribe; and 

17 (E) land in the National Forest System, as 

18 defined in section 11(a) of the Forest and Range19 land Renewable Resources Planning Act of 1974 

20 (16 U.S.C. 1609(a)). 

21 (2) FLAME FUND.—The term ‘‘Flame Fund’’ 

22 means the Federal Land Assistance, Management, 

23 and Enhancement Fund established by subsection (b). 

24 (3) SECRETARIES.—The term ‘‘Secretaries’’ 

25 means the Secretary of the Interior and the Secretary 

26 of Agriculture, acting jointly. 


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1 (4) SECRETARY CONCERNED.—The term ‘‘Sec2 retary concerned’’ means— 

3 (A) the Secretary of the Interior, with re4 spect to Federal land described in subparagraphs 

5 (A), (B), (C), and (D) of paragraph (1); and 

6 (B) the Secretary of Agriculture, with re7 spect to National Forest System land. 

8 (b) ESTABLISHMENT OF FLAME FUND.—There is es9 tablished in the Treasury of the United States a fund to 

10 be known as the ‘‘Federal Land Assistance, Management, 

11 and Enhancement Fund’’, consisting of— 

12 (1) such amounts as are appropriated to the 

13 Flame Fund; and 

14 (2) such amounts as are transferred to the Flame 

15 Fund under subsection (d). 

16 (c) FUNDING.— 

17 (1) AUTHORIZATION OF APPROPRIATIONS.— 

18 (A) IN GENERAL.—There are authorized to 

19 be appropriated to the Flame Fund such 

20 amounts as are necessary to carry out this sec21 tion. 

22 (B) CONGRESSIONAL INTENT.—It is the in23 tent of Congress that the amounts appropriated 

24 to the Flame Fund for each fiscal year should be 

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1 pended by each Secretary concerned for emer2 gency wildfire suppression activities over the 5 

3 fiscal years preceding the fiscal year for which 

4 amounts are appropriated. 

5 (C) AVAILABILITY.—Amounts appropriated 

6 to the Flame Fund shall remain available until 

7 expended. 

8 (2) APPROPRIATION.—There is appropriated to 

9 the Flame Fund, out of funds of the Treasury not oth10 erwise appropriated, $834,000,000. 

11 (3) SENSE OF CONGRESS ON DESIGNATION OF

12 FLAME FUND APPROPRIATIONS AS EMERGENCY RE13 QUIREMENT.—It is the sense of Congress that further 

14 amounts appropriated to the Flame Fund should be 

15 designated as amounts necessary to meet emergency 

16 needs. 

17 (4) NOTICE OF INSUFFICIENT FUNDS.—The Sec18 retaries shall notify the congressional committees de19 scribed in subsection (h)(2) if the Secretaries estimate 

20 that only 60 days worth of funding remains in the 

21 Flame Fund. 

22 (d) TRANSFER OF EXCESS WILDFIRE SUPPRESSION

23 AMOUNTS INTO FLAME FUND.—At the end of each fiscal 

24 year, the Secretary concerned shall transfer to the Flame 

25 Fund amounts that— 


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1 (1) are appropriated to the Secretary concerned 

2 for wildfire suppression activities for the fiscal year; 

3 but 

4 (2) are not obligated for wildfire suppression ac5 tivities before the end of the fiscal year. 

6 (e) USE OF FLAME FUND.— 

7 (1) IN GENERAL.—Subject to paragraphs (2), 

8 (3), and (4), amounts in the Flame Fund shall be 

9 available to the Secretary concerned to pay the costs 

10 of emergency wildfire suppression activities that are 

11 separate from amounts annually appropriated to the 

12 Secretary concerned for routine wildfire suppression 

13 activities. 

14 (2) DECLARATION REQUIRED.— 

15 (A) IN GENERAL.—Amounts in the Flame 

16 Fund shall be made available to the Secretary 

17 concerned only after the Secretaries issue a dec18 laration that a wildfire suppression activity is 

19 eligible for funding from the Flame Fund. 

20 (B) DECLARATION CRITERIA.—A declara21 tion by the Secretaries under subparagraph (A) 

22 may be issued only if— 

23 (i) in the case of an individual wild24 fire incident— 


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1 (I) the fire covers 300 or more 

2 acres; and 

3 (II) the Secretaries determine that 

4 the fire has required an emergency 

5 Federal response based on the signifi6 cant complexity, severity, or threat 

7 posed by the fire to human life, prop8 erty, or resources; or 

9 (ii) the cumulative costs of wildfire 

10 suppression activities for the Secretary con11 cerned have exceeded the amounts appro12 priated to the Secretary concerned for those 

13 activities (not including funds deposited in 

14 the Flame Fund). 

15 (3) TRANSFER OF AMOUNTS TO SECRETARY CON16 CERNED.—After issuance of a declaration under 

17 paragraph (2) and on request of the Secretary con18 cerned, the Secretary of the Treasury shall transfer 

19 from the Flame Fund to the Secretary concerned such 

20 amounts as the Secretaries determine are necessary 

21 for wildfire suppression activities associated with the 

22 declaration. 

23 (4) STATE, PRIVATE, AND TRIBAL LAND.—Use of 

24 the Flame Fund for emergency wildfire suppression 

25 activities on State land, private land, and tribal land 


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1 shall be consistent with any existing agreements in 

2 which the Secretary concerned has agreed to assume 

3 responsibility for wildfire suppression activities on 

4 the land. 

5 (f) TREATMENT OF ANTICIPATED AND PREDICTED AC6 TIVITIES.— 

7 (1) IN GENERAL.—Subject to subsection 

8 (e)(2)(B)(ii), the Secretary concerned shall continue 

9 to fund routine wildfire suppression activities within 

10 the appropriate agency budget for each fiscal year. 

11 (2) CONGRESSIONAL INTENT.—It is the intent of 

12 Congress that funding made available through the 

13 Flame Fund be used— 

14 (A) to supplement the funding otherwise ap15 propriated to the Secretary concerned; and 

16 (B) only for purposes in, and instances con17 sistent with, this section. 

18 (g) PROHIBITION ON OTHER TRANSFERS.—Any 

19 amounts in the Flame Fund and any amounts appro20 priated for the purpose of wildfire suppression on Federal 

21 land shall be obligated before the Secretary concerned may 

22 transfer funds from non-fire accounts for wildfire suppres23 sion. 

24 (h) ACCOUNTING AND REPORTS.— 


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1 (1) ACCOUNTING AND REPORTING SYSTEM.—The 

2 Secretaries shall establish an accounting and report3 ing system for the Flame Fund that is compatible 

4 with existing National Fire Plan reporting proce5 dures. 

6 (2) ANNUAL REPORT.—Annually, the Secretaries 

7 shall submit to the Committee on Natural Resources, 

8 the Committee on Agriculture, and the Committee on 

9 Appropriations of the House of Representatives and 

10 the Committee on Energy and Natural Resources, the 

11 Committee on Indian Affairs, and the Committee on 

12 Appropriations of the Senate and make available to 

13 the public a report that— 

14 (A) describes the use of amounts from the 

15 Flame Fund; and 

16 (B) includes any recommendations that the 

17 Secretaries may have to improve the administra18 tive control and oversight of the Flame Fund. 

19 (3) ESTIMATES OF WILDFIRE SUPPRESSION

20 COSTS TO IMPROVE BUDGETING AND FUNDING.— 

21 (A) IN GENERAL.—Consistent with the 

22 schedule provided in subparagraph (C), the Sec23 retaries shall submit to the committees described 

24 in paragraph (2) an estimate of anticipated 


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1 wildfire suppression costs for the applicable fis2 cal year and the subsequent fiscal year. 

3 (B) PEER REVIEW.—The methodology for 

4 developing the estimates under subparagraph (A) 

5 shall be subject to periodic peer review to ensure 

6 compliance with subparagraph (D). 

7 (C) SCHEDULE.—The Secretaries shall sub8 mit an estimate under subparagraph (A) dur9 ing— 

10 (i) the first week of February of each 

11 year; 

12 (ii) the first week of April of each year; 

13 (iii) the first week of July of each year; 

14 and 

15 (iv) if a bill making appropriations 

16 for the Department of the Interior and the 

17 Forest Service for the following fiscal year 

18 has not been enacted by September 1, the 

19 first week of September of each year. 

20 (D) REQUIREMENTS.—An estimate of an21 ticipated wildfire suppression costs shall be de22 veloped using the best available— 

23 (i) climate, weather, and other relevant 

24 data; and 

25 (ii) models and other analytic tools. 


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1 (i) TERMINATION OF AUTHORITY.—The authority 

2 under this section shall terminate at the end of the third 

3 fiscal year in which no appropriations to or withdrawals 

4 from the Flame Fund have been made for a period of 3 

5 consecutive fiscal years. 

6 COHESIVE WILDFIRE MANAGEMENT STRATEGY

7 SEC. 432. (a) STRATEGY REQUIRED.—Not later than 

8 1 year after the date of enactment of this Act, the Secretary 

9 of the Interior and the Secretary of Agriculture, acting 

10 jointly, shall submit to Congress a report that contains a 

11 cohesive wildfire management strategy, consistent with the 

12 recommendations described in recent reports of the Govern13 ment Accountability Office regarding management strate14 gies. 

15 (b) ELEMENTS OF STRATEGY.—The strategy required 

16 by subsection (a) shall provide for— 

17 (1) the identification of the most cost-effective 

18 means for allocating fire management budget re19 sources; 

20 (2) the reinvestment in non-fire programs by the 

21 Secretary of the Interior and the Secretary of Agri22 culture; 

23 (3) employing the appropriate management re24 sponse to wildfires; 

25 (4) assessing the level of risk to communities; 


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1 (5) the allocation of hazardous fuels reduction 

2 funds based on the priority of hazardous fuels reduc3 tion projects; 

4 (6) assessing the impacts of climate change on 

5 the frequency and severity of wildfire; and 

6 (7) studying the effects of invasive species on 

7 wildfire risk. 

8 (c) REVISION.—At least once during each 5-year pe9 riod beginning on the date of the submission of the cohesive 

10 wildfire management strategy under subsection (a), the Sec11 retaries shall revise the strategy submitted under that sub12 section to address any changes affecting the strategy, in13 cluding changes with respect to landscape, vegetation, cli14 mate, and weather. 

15 PROHIBITION ON NO-BID CONTRACTS AND GRANTS

16 SEC. 433. (a) Notwithstanding any other provision of 

17 this Act, none of the funds appropriated or otherwise made 

18 available by this Act may be— 

19 (1) used to make any payment in connection 

20 with a contract not awarded using competitive proce21 dures in accordance with the requirements of section 

22 303 of the Federal Property and Administrative Serv23 ices Act of 1949 (41 U.S.C. 253), section 2304 of title 

24 10, United States Code, and the Federal Acquisition 

25 Regulation; or 


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1 (2) awarded by grant not subjected to merit2 based competitive procedures, needs-based criteria, or 

3 other procedures specifically authorized by law to se4 lect the grantee or award recipient. 

5 (b) This prohibition shall not apply to the awarding 

6 of contracts or grants with respect to which— 

7 (1) no more than one applicant submits a bid 

8 for a contract or grant; or 

9 (2) Federal law specifically authorizes a grant or 

10 contract to be entered into without regard for these re11 quirements, including formula grants for States, or 

12 Federally recognized Indian tribes; or 

13 (3) such contracts or grants are authorized by 

14 the Indian Self-Determination and Education and 

15 Assistance Act (Public Law 93–638, 25 U.S.C. 450 et 

16 seq., as amended) or by any other Federal laws that 

17 specifically authorize a grant or contract with an In18 dian tribe as defined in section 4(e) of that Act (25 

19 U.S.C. 450b (e)). 

20 SEC. 434. (a) Notwithstanding any other provision of 

21 this Act and except as provided in subsection (b), any re22 port required to be submitted by a Federal agency or de23 partment to the Committee on Appropriations of either the 

24 Senate or the House of Representatives in this Act shall 


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1 be posted on the public website of that agency upon receipt 

2 by the committee. 

3 (b) Subsection (a) shall not apply to a report if— 

4 (1) the public posting of the report compromises 

5 national security; or 

6 (2) the report contains proprietary information. 

7 SEC. 435. Section 1971(1) of the Omnibus Public Land 

8 Management Act of 2009 (16 U.S.C. 460www note; Public 

9 Law 111–11) is amended by striking ‘‘December 18, 2008’’ 

10 and inserting ‘‘September 20, 2009’’. 

11 TAR CREEK SUPERFUND SITE

12 SEC. 436. (a) IN GENERAL.—To expedite the cleanup 

13 of the Federal land and Indian land at the Tar Creek 

14 Superfund Site (referred to in this section as the ‘‘site’’), 

15 any purchase of chat (as defined in section 278.1(b) of title 

16 40, Code of Federal Regulations (or a successor regulation)), 

17 from the site shall be— 

18 (1) counted at twice the purchase price of the 

19 chat; and 

20 (2) eligible to be counted toward meeting the fed21 erally required disadvantaged business enterprise set22 aside on federally funded projects. 

23 (b) RESTRICTED INDIAN OWNERS.—Subsection (a) 

24 shall only apply if the purchase of chat is made from 1 

25 or more restricted Indian owners or an Indian tribe. 


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1 (c) APPLICABLE LAW.—The use of chat acquired under 

2 subsection (a) shall conform with applicable laws (includ3 ing the regulations for the use of chat promulgated by the 

4 Administrator of the Environmental Protection Agency). 

5 This Act may be cited as the ‘‘Department of the Inte6 rior, Environment, and Related Agencies Appropriations 

7 Act, 2010’’. 

Passed the House of Representatives June 26, 2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 

Passed the Senate September 24, 2009. 

Attest: NANCY ERICKSON, 

Secretary. 


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