II 

Calendar No. 98 

111TH CONGRESS 

1ST SESSION H. R. 2996 

[Report No. 111–38] 

IN THE SENATE OF THE UNITED STATES 

JULY 6, 2009 

Received; read twice and referred to the Committee on Appropriations 

JULY 7, 2009 

Reported by Mrs. FEINSTEIN, with an amendment 

[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: 
2 

•HR 2996 RS

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 
3 

•HR 2996 RS

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. 
4 

•HR 2996 RS

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 
5 

•HR 2996 RS

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. 
6 

•HR 2996 RS

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 
7 

•HR 2996 RS

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, 
8 

•HR 2996 RS

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 
9 

•HR 2996 RS

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 acquisi-
10 

•HR 2996 RS

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 
11 

•HR 2996 RS

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 
12 

•HR 2996 RS

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: 
13 

•HR 2996 RS

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 
14 

•HR 2996 RS

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 man-
15 

•HR 2996 RS

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 
16 

•HR 2996 RS

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 
17 

•HR 2996 RS

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. 
18 

•HR 2996 RS

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 ex-
19 

•HR 2996 RS

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 author-
20 

•HR 2996 RS

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 
21 

•HR 2996 RS

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 
22 

•HR 2996 RS

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 
23 

•HR 2996 RS

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. 
24 

•HR 2996 RS

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. 
25 

•HR 2996 RS

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 
26 

•HR 2996 RS

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 
27 

•HR 2996 RS

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 
28 

•HR 2996 RS

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 
29 

•HR 2996 RS

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 
30 

•HR 2996 RS

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 
31 

•HR 2996 RS

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 
32 

•HR 2996 RS

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 
33 

•HR 2996 RS

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. 
34 

•HR 2996 RS

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 oper-
35 

•HR 2996 RS

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 
36 

•HR 2996 RS

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 
37 

•HR 2996 RS

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: 
38 

•HR 2996 RS

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 
39 

•HR 2996 RS

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. 
40 

•HR 2996 RS

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 
41 

•HR 2996 RS

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, 
42 

•HR 2996 RS

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 
43 

•HR 2996 RS

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 
44 

•HR 2996 RS

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 
45 

•HR 2996 RS

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 
46 

•HR 2996 RS

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. 
47 

•HR 2996 RS

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 avail-
48 

•HR 2996 RS

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 Min-
49 

•HR 2996 RS

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 
50 

•HR 2996 RS

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 
51 

•HR 2996 RS

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 sec-
52 

•HR 2996 RS

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. Sala4 zar. 

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, conces-
53 

•HR 2996 RS

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. 
54 

•HR 2996 RS

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. 
55 

•HR 2996 RS

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 admin-
56 

•HR 2996 RS

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 
57 

•HR 2996 RS

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. 
58 

•HR 2996 RS

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 
59 

•HR 2996 RS

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 
60 

•HR 2996 RS

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 

25 1980 (CERCLA), as amended, including grants, inter-
61 

•HR 2996 RS

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 Dis-
62 

•HR 2996 RS

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 
63 

•HR 2996 RS

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 
64 

•HR 2996 RS

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 
65 

•HR 2996 RS

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 
66 

•HR 2996 RS

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 
67 

•HR 2996 RS

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 
68 

•HR 2996 RS

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 
69 

•HR 2996 RS

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 
70 

•HR 2996 RS

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 ad-
71 

•HR 2996 RS

1 ministrative expenses, and for acquisition of land or 

2 waters, or interest therein, in accordance with statutory 

3 authority applicable to the Forest Service, $36,782,000, 

4 to be derived from the Land and Water Conservation 

5 Fund 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). 
72 

•HR 2996 RS

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. 
73 

•HR 2996 RS

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 
74 

•HR 2996 RS

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 fur-
75 

•HR 2996 RS

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 appro-
76 

•HR 2996 RS

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 
77 

•HR 2996 RS

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 
78 

•HR 2996 RS

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 
79 

•HR 2996 RS

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 
80 

•HR 2996 RS

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 
81 

•HR 2996 RS

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 
82 

•HR 2996 RS

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-Determina-
83 

•HR 2996 RS

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 ex-
84 

•HR 2996 RS

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 
85 

•HR 2996 RS

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, 
86 

•HR 2996 RS

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 Depart-
87 

•HR 2996 RS

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 
88 

•HR 2996 RS

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. 
89 

•HR 2996 RS

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 

25 costs associated with the proposed final rule, and such re-
90 

•HR 2996 RS

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 
91 

•HR 2996 RS

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, 
92 

•HR 2996 RS

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 
93 

•HR 2996 RS

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 
94 

•HR 2996 RS

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 
95 

•HR 2996 RS

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, 
96 

•HR 2996 RS

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. 
97 

•HR 2996 RS

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 

25 buildings and contents thereof, and maintenance, alter-
98 

•HR 2996 RS

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. 
99 

•HR 2996 RS

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. 
100 

•HR 2996 RS

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 
101 

•HR 2996 RS

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 
102 

•HR 2996 RS

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), 
103 

•HR 2996 RS

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. 
104 

•HR 2996 RS

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 
105 

•HR 2996 RS

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 
106 

•HR 2996 RS

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. 
107 

•HR 2996 RS

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– 
108 

•HR 2996 RS

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 

25 in this section exempts the Secretary from any other re-
109 

•HR 2996 RS

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 
110 

•HR 2996 RS

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 
111 

•HR 2996 RS

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, 
112 

•HR 2996 RS

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— 
113 

•HR 2996 RS

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’’. 
114 

•HR 2996 RS

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 
115 

•HR 2996 RS

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 

25 America’s Treasures and under the heading ‘‘Environ-
116 

•HR 2996 RS

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 
117 

•HR 2996 RS

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. 
118 

•HR 2996 RS

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: 
119 

•HR 2996 RS

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. 
120 

•HR 2996 RS

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 
121 

•HR 2996 RS

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. 
122 

•HR 2996 RS

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. 

12 OREGON AND CALIFORNIA GRANT LANDS

13 For expenses necessary for management, protection, 

14 and development of resources and for construction, oper15 ation, and maintenance of access roads, reforestation, and 

16 other improvements on the revested Oregon and California 

17 Railroad grant lands, on other Federal lands in the Oregon 

18 and California land-grant counties of Oregon, and on adja19 cent rights-of-way; and acquisition of lands or interests 

20 therein, including existing connecting roads on or adjacent 

21 to such grant lands; $111,557,000, to remain available until 

22 expended: Provided, That 25 percent of the aggregate of all 

23 receipts during the current fiscal year from the revested Or24 egon and California Railroad grant lands is hereby made 

25 a charge against the Oregon and California land-grant 
123 

•HR 2996 RS

1 fund and shall be transferred to the General Fund in the 

2 Treasury in accordance with the second paragraph of sub3 section (b) of title II of the Act of August 28, 1937 (50 Stat. 

4 876). 

5 FOREST ECOSYSTEM HEALTH AND RECOVERY FUND

6 (REVOLVING FUND, SPECIAL ACCOUNT)

7 In addition to the purposes authorized in Public Law 

8 102–381, funds made available in the Forest Ecosystem 

9 Health and Recovery Fund can be used for the purpose of 

10 planning, preparing, implementing and monitoring salvage 

11 timber sales and forest ecosystem health and recovery activi12 ties, such as release from competing vegetation and density 

13 control treatments. The Federal share of receipts (defined 

14 as the portion of salvage timber receipts not paid to the 

15 counties under 43 U.S.C. 1181f and 43 U.S.C. 1181f–1 et 

16 seq., and Public Law 106–393) derived from treatments 

17 funded by this account shall be deposited into the Forest 

18 Ecosystem Health and Recovery Fund. 

19 RANGE IMPROVEMENTS

20 For rehabilitation, protection, and acquisition of lands 

21 and interests therein, and improvement of Federal range22 lands pursuant to section 401 of the Federal Land Policy 

23 and Management Act of 1976 (43 U.S.C. 1701), notwith24 standing any other Act, sums equal to 50 percent of all 

25 moneys received during the prior fiscal year under sections 
124 

•HR 2996 RS

1 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.) 

2 and the amount designated for range improvements from 

3 grazing fees and mineral leasing receipts from Bankhead4 Jones lands transferred to the Department of the Interior 

5 pursuant to law, but not less than $10,000,000, to remain 

6 available until expended: Provided, That not to exceed 

7 $600,000 shall be available for administrative expenses. 

8 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

9 For administrative expenses and other costs related to 

10 processing application documents and other authorizations 

11 for use and disposal of public lands and resources, for costs 

12 of providing copies of official public land documents, for 

13 monitoring construction, operation, and termination of fa14 cilities in conjunction with use authorizations, and for re15 habilitation of damaged property, such amounts as may be 

16 collected under Public Law 94–579, as amended, and Public 

17 Law 93–153, to remain available until expended: Provided, 

18 That, notwithstanding any provision to the contrary of sec19 tion 305(a) of Public Law 94–579 (43 U.S.C. 1735(a)), any 

20 moneys that have been or will be received pursuant to that 

21 section, whether as a result of forfeiture, compromise, or set22 tlement, if not appropriate for refund pursuant to section 

23 305(c) of that Act (43 U.S.C. 1735(c)), shall be available 

24 and may be expended under the authority of this Act by 

25 the Secretary to improve, protect, or rehabilitate any public 
125 

•HR 2996 RS

1 lands administered through the Bureau of Land Manage2 ment which have been damaged by the action of a resource 

3 developer, purchaser, permittee, or any unauthorized per4 son, without regard to whether all moneys collected from 

5 each such action are used on the exact lands damaged which 

6 led to the action: Provided further, That any such moneys 

7 that are in excess of amounts needed to repair damage to 

8 the exact land for which funds were collected may be used 

9 to repair other damaged public lands. 

10 MISCELLANEOUS TRUST FUNDS

11 In addition to amounts authorized to be expended 

12 under existing laws, there is hereby appropriated such 

13 amounts as may be contributed under section 307 of the 

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

15 amounts as may be advanced for administrative costs, sur16 veys, appraisals, and costs of making conveyances of omit17 ted lands under section 211(b) of that Act, to remain avail18 able until expended. 

19 ADMINISTRATIVE PROVISIONS

20 The Bureau of Land Management may carry out the 

21 operations funded under this Act by direct expenditure, con22 tracts, grants, cooperative agreements and reimbursable 

23 agreements with public and private entities. Projects funded 

24 pursuant to a written commitment by a State government 

25 to provide an identified amount of money in support of 
126 

•HR 2996 RS

1 the project may be carried out by the bureau upon receipt 

2 of the written commitment. Appropriations for the Bureau 

3 of Land Management (BLM) shall be available for pur4 chase, erection, and dismantlement of temporary structures, 

5 and alteration and maintenance of necessary buildings and 

6 appurtenant facilities to which the United States has title; 

7 up to $100,000 for payments, at the discretion of the Sec8 retary, for information or evidence concerning violations of 

9 laws administered by the Bureau; miscellaneous and emer10 gency expenses of enforcement activities authorized or ap11 proved by the Secretary and to be accounted for solely on 

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

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

14 under cooperative cost-sharing and partnership arrange15 ments authorized by law, procure printing services from co16 operators in connection with jointly produced publications 

17 for which the cooperators share the cost of printing either 

18 in cash or in services, and the Bureau determines the coop19 erator is capable of meeting accepted quality standards: 

20 Provided further, That projects to be funded pursuant to 

21 a written commitment by a State government to provide 

22 an identified amount of money in support of the project 

23 may be carried out by the Bureau on a reimbursable basis. 

24 Appropriations herein made shall not be available for the 

25 destruction of healthy, unadopted, wild horses and burros 
127 

•HR 2996 RS

1 in the care of the Bureau of Land Management or its con2 tractors or for the sale of wild horses and burros that results 

3 in their destruction for processing into commercial prod4 ucts. 

5 UNITED STATES FISH AND WILDLIFE SERVICE

6 RESOURCE MANAGEMENT

7 For necessary expenses of the United States Fish and 

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

9 and economic studies, general administration, and for the 

10 performance of other authorized functions related to such 

11 resources, $1,244,386,000, to remain available until Sep12 tember 30, 2011 except as otherwise provided herein: Pro13 vided, That $2,500,000 is for high priority projects, which 

14 shall be carried out by the Youth Conservation Corps: Pro15 vided further, That not to exceed $22,103,000 shall be used 

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

17 4 of the Endangered Species Act, as amended, (except for 

18 processing petitions, developing and issuing proposed and 

19 final regulations, and taking any other steps to implement 

20 actions described in subsection (c)(2)(A), (c)(2)(B)(i), or 

21 (c)(2)(B)(ii)), of which not to exceed $11,632,000 shall be 

22 used for any activity regarding the designation of critical 

23 habitat, pursuant to subsection (a)(3), excluding litigation 

24 support, for species listed pursuant to subsection (a)(1) 

25 prior to October 1, 2009: Provided further, That of the 
128 

•HR 2996 RS

1 amount available for law enforcement, up to $400,000, to 

2 remain available until expended, may at the discretion of 

3 the Secretary be used for payment for information, rewards, 

4 or evidence concerning violations of laws administered by 

5 the Service, and miscellaneous and emergency expenses of 

6 enforcement activity, authorized or approved by the Sec7 retary and to be accounted for solely on the Secretary’s cer8 tificate: Provided further, That of the amount provided for 

9 environmental contaminants, up to $1,000,000 may remain 

10 available until expended for contaminant sample analyses. 

11 CONSTRUCTION

12 For construction, improvement, acquisition, or re13 moval of buildings and other facilities required in the con14 servation, management, investigation, protection, and utili15 zation of fishery and wildlife resources, and the acquisition 

16 of lands and interests therein; $39,741,000, to remain avail17 able until expended. 

18 LAND ACQUISITION

19 For expenses necessary to carry out the Land and 

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

21 U.S.C. 460l–4 through 11), including administrative ex22 penses, and for acquisition of land or waters, or interest 

23 therein, in accordance with statutory authority applicable 

24 to the United States Fish and Wildlife Service, $82,790,000, 

25 to be derived from the Land and Water Conservation Fund 
129 

•HR 2996 RS

1 and to remain available until expended, of which, notwith2 standing 16 U.S.C. 460l–9, not more than $1,500,000 shall 

3 be for land conservation partnerships authorized by the 

4 Highlands Conservation Act of 2004: Provided, That none 

5 of the funds appropriated for specific land acquisition 

6 projects can be used to pay for any administrative over7 head, planning or other management costs. 

8 COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

9 For expenses necessary to carry out section 6 of the 

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

11 as amended, $85,001,000, to remain available until ex12 pended, of which $30,307,000 is to be derived from the Co13 operative Endangered Species Conservation Fund, of which 

14 $5,146,000 shall be for the Idaho Salmon and Clearwater 

15 River Basins Habitat Account pursuant to the Snake River 

16 Water Rights Act of 2004; and of which $54,694,000 is to 

17 be derived from the Land and Water Conservation Fund. 

18 NATIONAL WILDLIFE REFUGE FUND

19 For expenses necessary to implement the Act of October 

20 17, 1978 (16 U.S.C. 715s), $14,500,000. 

21 NORTH AMERICAN WETLANDS CONSERVATION FUND

22 For expenses necessary to carry out the provisions of 

23 the North American Wetlands Conservation Act, as amend24 ed (16 U.S.C. 4401–4414), $45,147,000, to remain available 

25 until expended. 
130 

•HR 2996 RS

1 NEOTROPICAL MIGRATORY BIRD CONSERVATION

2 For expenses necessary to carry out the Neotropical 

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

4 6101 et seq.), $5,000,000, to remain available until ex5 pended. 

6 MULTINATIONAL SPECIES CONSERVATION FUND

7 For expenses necessary to carry out the African Ele8 phant Conservation Act (16 U.S.C. 4201–4203, 4211–4214, 

9 4221–4225, 4241–4246, and 1538), the Asian Elephant 

10 Conservation Act of 1997 (16 U.S.C. 4261–4266), the Rhi11 noceros and Tiger Conservation Act of 1994 (16 U.S.C. 

12 5301–5306), the Great Ape Conservation Act of 2000 (16 

13 U.S.C. 6301–6305), and the Marine Turtle Conservation 

14 Act of 2004 (16 U.S.C. 6601–6606), $11,500,000, to remain 

15 available until expended. 

16 STATE AND TRIBAL WILDLIFE GRANTS

17 For wildlife conservation grants to States and to the 

18 District of Columbia, Puerto Rico, Guam, the United States 

19 Virgin Islands, the Northern Mariana Islands, American 

20 Samoa, and Indian tribes under the provisions of the Fish 

21 and Wildlife Act of 1956 and the Fish and Wildlife Coordi22 nation Act, for the development and implementation of pro23 grams for the benefit of wildlife and their habitat, including 

24 species that are not hunted or fished, $80,000,000, to re25 main available until expended: Provided, That of the 
131 

•HR 2996 RS

1 amount provided herein, $7,000,000 is for a competitive 

2 grant program for Indian tribes not subject to the remain3 ing provisions of this appropriation: Provided further, That 

4 $5,000,000 is for a competitive grant program for States, 

5 territories, and other jurisdictions with approved plans, not 

6 subject to the remaining provisions of this appropriation: 

7 Provided further, That the Secretary shall, for fiscal year 

8 2010 and each fiscal year thereafter, after deducting 

9 $12,000,000 and administrative expenses, apportion the 

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

11 District of Columbia and to the Commonwealth of Puerto 

12 Rico, each a sum equal to not more than one-half of 1 per13 cent thereof; and (2) to Guam, American Samoa, the United 

14 States Virgin Islands, and the Commonwealth of the North15 ern Mariana Islands, each a sum equal to not more than 

16 one-fourth of 1 percent thereof: Provided further, That the 

17 Secretary shall, for fiscal year 2010 and each fiscal year 

18 thereafter, apportion the remaining amount in the fol19 lowing manner: (1) one-third of which is based on the ratio 

20 to which the land area of such State bears to the total land 

21 area of all such States; and (2) two-thirds of which is based 

22 on the ratio to which the population of such State bears 

23 to the total population of all such States: Provided further, 

24 That the amounts apportioned under this paragraph shall 

25 be adjusted equitably so that no State shall, for fiscal year 
132 

•HR 2996 RS

1 2010 and each fiscal year thereafter, be apportioned a sum 

2 which is less than 1 percent of the amount available for 

3 apportionment under this paragraph for any fiscal year or 

4 more than 5 percent of such amount: Provided further, That 

5 the Federal share of planning grants shall not, for fiscal 

6 year 2010 and each fiscal year thereafter, exceed 75 percent 

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

8 implementation grants shall not, for fiscal year 2010 and 

9 each fiscal year thereafter, exceed 50 percent of the total 

10 costs of such projects: Provided further, That the non-Fed11 eral share of such projects may not be derived from Federal 

12 grant programs: Provided further, That any amount appor13 tioned in 2010 to any State, territory, or other jurisdiction 

14 that remains unobligated as of September 30, 2011, shall 

15 be reapportioned, together with funds appropriated in 2012, 

16 in the manner provided herein. 

17 ADMINISTRATIVE PROVISIONS

18 The Fish and Wildlife Service may carry out the oper19 ations of Service programs by direct expenditure, contracts, 

20 grants, cooperative agreements and reimbursable agree21 ments with public and private entities. Appropriations and 

22 funds available to the United States Fish and Wildlife Serv23 ice shall be available for repair of damage to public roads 

24 within and adjacent to reservation areas caused by oper25 ations of the Service; options for the purchase of land at 
133 

•HR 2996 RS

1 not to exceed $1 for each option; facilities incident to such 

2 public recreational uses on conservation areas as are con3 sistent with their primary purpose; and the maintenance 

4 and improvement of aquaria, buildings, and other facilities 

5 under the jurisdiction of the Service and to which the 

6 United States has title, and which are used pursuant to 

7 law in connection with management, and investigation of 

8 fish and wildlife resources: Provided, That notwithstanding 

9 44 U.S.C. 501, the Service may, under cooperative cost 

10 sharing and partnership arrangements authorized by law, 

11 procure printing services from cooperators in connection 

12 with jointly produced publications for which the cooperators 

13 share at least one-half the cost of printing either in cash 

14 or services and the Service determines the cooperator is ca15 pable of meeting accepted quality standards: Provided fur16 ther, That the Service may accept donated aircraft as re17 placements for existing aircraft. 

18 NATIONAL PARK SERVICE

19 OPERATION OF THE NATIONAL PARK SYSTEM

20 For expenses necessary for the management, operation, 

21 and maintenance of areas and facilities administered by 

22 the National Park Service (including expenses to carry out 

23 programs of the United States Park Police), and for the 

24 general administration of the National Park Service, 

25 $2,261,309,000, of which $9,982,000 for planning and 
134 

•HR 2996 RS

1 interagency coordination in support of Everglades restora2 tion and $99,622,000 for maintenance, repair or rehabilita3 tion projects for constructed assets, operation of the Na4 tional Park Service automated facility management soft5 ware system, and comprehensive facility condition assess6 ments shall remain available until September 30, 2011. 

7 NATIONAL RECREATION AND PRESERVATION

8 For expenses necessary to carry out recreation pro9 grams, natural programs, cultural programs, heritage part10 nership programs, environmental compliance and review, 

11 international park affairs, statutory or contractual aid for 

12 other activities, and grant administration, not otherwise 

13 provided for, $67,438,000, of which $3,175,000 shall be for 

14 Preserve America grants as authorized by section 7302 of 

15 the Omnibus Public Land Management Act of 2009 (Public 

16 Law 111–11). 

17 HISTORIC PRESERVATION FUND

18 For expenses necessary in carrying out the Historic 

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

20 the Omnibus Parks and Public Lands Management Act of 

21 1996 (Public Law 104–333), $74,500,000, to be derived 

22 from the Historic Preservation Fund and to remain avail23 able until September 30, 2011; of which $20,000,000 shall 

24 be for Save America’s Treasures grants as authorized by 
135 

•HR 2996 RS

1 section 7303 of the Omnibus Public Land Management Act 

2 of 2009 (Public Law 111–11). 

3 CONSTRUCTION

4 For construction, improvements, repair or replacement 

5 of physical facilities, including a portion of the expense for 

6 the modifications authorized by section 104 of the Ever7 glades National Park Protection and Expansion Act of 

8 1989, $219,731,000, to remain available until expended. 

9 LAND AND WATER CONSERVATION FUND

10 (RESCISSION)

11 The contract authority provided for fiscal year 2010 

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

13 LAND ACQUISITION AND STATE ASSISTANCE

14 For expenses necessary to carry out the Land and 

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

16 460l–4 through 11), including administrative expenses, and 

17 for acquisition of lands or waters, or interest therein, in 

18 accordance with the statutory authority applicable to the 

19 National Park Service, $118,586,000, to be derived from the 

20 Land and Water Conservation Fund and to remain avail21 able until expended, of which $35,000,000 is for the State 

22 assistance program and of which $4,000,000 shall be for 

23 the American Battlefield Protection Program grants as au24 thorized by section 7301 of the Omnibus Public Land Man25 agement Act of 2009 (Public Law 111–11). 
136 

•HR 2996 RS

1 ADMINISTRATIVE PROVISIONS

2 (INCLUDING TRANSFER OF FUNDS)

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

4 of Public Law 105–391, franchise fees credited to a sub5 account shall be available for expenditure by the Secretary, 

6 without further appropriation, for use at any unit within 

7 the National Park System to extinguish or reduce liability 

8 for Possessory Interest or leasehold surrender interest. Such 

9 funds may only be used for this purpose to the extent that 

10 the benefiting unit anticipated franchise fee receipts over 

11 the term of the contract at that unit exceed the amount of 

12 funds used to extinguish or reduce liability. Franchise fees 

13 at the benefiting unit shall be credited to the sub-account 

14 of the originating unit over a period not to exceed the term 

15 of a single contract at the benefiting unit, in the amount 

16 of funds so expended to extinguish or reduce liability. 

17 For the costs of administration of the Land and Water 

18 Conservation Fund grants authorized by section 

19 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 

20 2006 (Public Law 109–432), the National Park Service 

21 may retain up to 3 percent of the amounts which are au22 thorized to be disbursed under such section, such retained 

23 amounts to remain available until expended. 

24 National Park Service funds may be transferred to the 

25 Federal Highway Administration (FHWA), Department of 
137 

•HR 2996 RS

1 Transportation, for purposes authorized under 23 U.S.C. 

2 204. Transfers may include a reasonable amount for 

3 FHWA administrative support costs. 

4 UNITED STATES GEOLOGICAL SURVEY

5 SURVEYS, INVESTIGATIONS, AND RESEARCH

6 For expenses necessary for the United States Geological 

7 Survey to perform surveys, investigations, and research cov8 ering topography, geology, hydrology, biology, and the min9 eral and water resources of the United States, its territories 

10 and possessions, and other areas as authorized by 43 U.S.C. 

11 31, 1332, and 1340; classify lands as to their mineral and 

12 water resources; give engineering supervision to power per13 mittees and Federal Energy Regulatory Commission licens14 ees; administer the minerals exploration program (30 

15 U.S.C. 641); conduct inquiries into the economic conditions 

16 affecting mining and materials processing industries (30 

17 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related 

18 purposes as authorized by law; and to publish and dissemi19 nate data relative to the foregoing activities; 

20 $1,104,340,000, to remain available until September 30, 

21 2011, of which $65,561,000 shall be available only for co22 operation with States or municipalities for water resources 

23 investigations; of which $40,150,000 shall remain available 

24 until expended for satellite operations; and of which 

25 $7,321,000 shall be available until expended for deferred 
138 

•HR 2996 RS

1 maintenance and capital improvement projects that exceed 

2 $100,000 in cost: Provided, That none of the funds provided 

3 for the biological research activity shall be used to conduct 

4 new surveys on private property, unless specifically author5 ized in writing by the property owner: Provided further, 

6 That no part of this appropriation shall be used to pay 

7 more than one-half the cost of topographic mapping or 

8 water resources data collection and investigations carried 

9 on in cooperation with States and municipalities. 

10 ADMINISTRATIVE PROVISIONS

11 From within the amount appropriated for activities 

12 of the United States Geological Survey such sums as are 

13 necessary shall be available for reimbursement to the Gen14 eral Services Administration for security guard services; 

15 contracting for the furnishing of topographic maps and for 

16 the making of geophysical or other specialized surveys when 

17 it is administratively determined that such procedures are 

18 in the public interest; construction and maintenance of nec19 essary buildings and appurtenant facilities; acquisition of 

20 lands for gauging stations and observation wells; expenses 

21 of the United States National Committee on Geology; and 

22 payment of compensation and expenses of persons on the 

23 rolls of the Survey duly appointed to represent the United 

24 States in the negotiation and administration of interstate 

25 compacts: Provided, That activities funded by appropria-
139 

•HR 2996 RS

1 tions herein made may be accomplished through the use of 

2 contracts, grants, or cooperative agreements as defined in 

3 31 U.S.C. 6302 et seq.: Provided further, That the United 

4 States Geological Survey may enter into contracts or coop5 erative agreements directly with individuals or indirectly 

6 with institutions or nonprofit organizations, without re7 gard to 41 U.S.C. 5, for the temporary or intermittent serv8 ices of students or recent graduates, who shall be considered 

9 employees for the purpose of chapters 57 and 81 of title 

10 5, United States Code, relating to compensation for travel 

11 and work injuries, and chapter 171 of title 28, United 

12 States Code, relating to tort claims, but shall not be consid13 ered to be Federal employees for any other purposes. 

14 MINERALS MANAGEMENT SERVICE

15 ROYALTY AND OFFSHORE MINERALS MANAGEMENT

16 For expenses necessary for minerals leasing and envi17 ronmental studies, regulation of industry operations, and 

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

19 laws and regulations applicable to oil, gas, and other min20 erals leases, permits, licenses and operating contracts; for 

21 energy-related or other authorized marine-related purposes 

22 on the Outer Continental Shelf; and for matching grants 

23 or cooperative agreements, $175,217,000, to remain avail24 able until September 30, 2011, of which $89,374,000 shall 

25 be available for royalty management activities; and an 
140 

•HR 2996 RS

1 amount not to exceed $156,730,000, to be credited to this 

2 appropriation and to remain available until expended, 

3 from additions to receipts resulting from increases to rates 

4 in effect on August 5, 1993, and from cost recovery fees: 

5 Provided, That notwithstanding 31 U.S.C. 3302, in fiscal 

6 year 2010, such amounts as are assessed under 31 U.S.C. 

7 9701 shall be collected and credited to this account and shall 

8 be available until expended for necessary expenses: Provided 

9 further, That to the extent $156,730,000 in addition to re10 ceipts are not realized from the sources of receipts stated 

11 above, the amount needed to reach $156,730,000 shall be 

12 credited to this appropriation from receipts resulting from 

13 rental rates for Outer Continental Shelf leases in effect be14 fore August 5, 1993: Provided further, That the term ‘‘quali15 fied Outer Continental Shelf revenues’’, as defined in sec16 tion 102(9)(A) of the Gulf of Mexico Energy Security Act, 

17 division C of Public Law 109–432, shall include only the 

18 portion of rental revenues that would have been collected 

19 at the rental rates in effect before August 5, 1993: Provided 

20 further, That not to exceed $3,000 shall be available for rea21 sonable expenses related to promoting volunteer beach and 

22 marine cleanup activities: Provided further, That notwith23 standing any other provision of law, $15,000 under this 

24 heading shall be available for refunds of overpayments in 

25 connection with certain Indian leases in which the Director 
141 

•HR 2996 RS

1 of MMS concurred with the claimed refund due, to pay 

2 amounts owed to Indian allottees or tribes, or to correct 

3 prior unrecoverable erroneous payments: Provided further, 

4 That for the costs of administration of the Coastal Impact 

5 Assistance Program authorized by section 31 of the Outer 

6 Continental Shelf Lands Act, as amended (43 U.S.C. 

7 1456a), MMS in fiscal year 2010 may retain up to 4 per8 cent of the amounts which are disbursed under section 

9 31(b)(1), such retained amounts to remain available until 

10 expended. 

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

12 available until expended, which shall be derived from non13 refundable inspection fees collected in fiscal year 2010, as 

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

15 amounts are not realized from such fees, the amount needed 

16 to reach $10,000,000 shall be credited to this appropriation 

17 from receipts resulting from rental rates for Outer Conti18 nental Shelf leases in effect before August 5, 1993. 

19 OIL SPILL RESEARCH

20 For necessary expenses to carry out title I, section 

21 1016, title IV, sections 4202 and 4303, title VII, and title 

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

23 $6,303,000, which shall be derived from the Oil Spill Liabil24 ity Trust Fund, to remain available until expended. 
142 

•HR 2996 RS

1 ADMINISTRATIVE PROVISION

2 Notwithstanding the provisions of section 35(b) of the 

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

4 Secretary shall deduct 2 percent from the amount payable 

5 to each State in fiscal year 2010 and deposit the amount 

6 deducted to miscellaneous receipts of the Treasury. 

7 OFFICE OF SURFACE MINING RECLAMATION AND

8 ENFORCEMENT

9 REGULATION AND TECHNOLOGY

10 For necessary expenses to carry out the provisions of 

11 the Surface Mining Control and Reclamation Act of 1977, 

12 Public Law 95–87, as amended, $127,180,000, to remain 

13 available until September 30, 2011: Provided, That appro14 priations for the Office of Surface Mining Reclamation and 

15 Enforcement may provide for the travel and per diem ex16 penses of State and tribal personnel attending Office of Sur17 face Mining Reclamation and Enforcement sponsored 

18 training. 

19 ABANDONED MINE RECLAMATION FUND

20 For necessary expenses to carry out title IV of the Sur21 face Mining Control and Reclamation Act of 1977, Public 

22 Law 95–87, as amended, $39,588,000, to be derived from 

23 receipts of the Abandoned Mine Reclamation Fund and to 

24 remain available until expended: Provided, That pursuant 

25 to Public Law 97–365, the Department of the Interior is 
143 

•HR 2996 RS

1 authorized to use up to 20 percent from the recovery of the 

2 delinquent debt owed to the United States Government to 

3 pay for contracts to collect these debts: Provided further, 

4 That funds made available under title IV of Public Law 

5 95–87 may be used for any required non-Federal share of 

6 the cost of projects funded by the Federal Government for 

7 the purpose of environmental restoration related to treat8 ment or abatement of acid mine drainage from abandoned 

9 mines: Provided further, That such projects must be con10 sistent with the purposes and priorities of the Surface Min11 ing Control and Reclamation Act: Provided further, That 

12 amounts provided under this heading may be used for the 

13 travel and per diem expenses of State and tribal personnel 

14 attending Office of Surface Mining Reclamation and En15 forcement sponsored training. 

16 ADMINISTRATIVE PROVISION

17 With funds available for the Technical Innovation and 

18 Professional Services program in this Act, the Secretary 

19 may transfer title for computer hardware, software and 

20 other technical equipment to State and tribal regulatory 

21 and reclamation programs. 
144 

•HR 2996 RS

1 BUREAU OF INDIAN AFFAIRS

2 OPERATION OF INDIAN PROGRAMS

3 (INCLUDING TRANSFER OF FUNDS)

4 For expenses necessary for the operation of Indian pro5 grams, as authorized by law, including the Snyder Act of 

6 November 2, 1921 (25 U.S.C. 13), the Indian Self-Deter7 mination and Education Assistance Act of 1975 (25 U.S.C. 

8 450 et seq.), as amended, the Education Amendments of 

9 1978 (25 U.S.C. 2001–2019), and the Tribally Controlled 

10 Schools Act of 1988 (25 U.S.C. 2501 et seq.), as amended, 

11 $2,309,322,000, to remain available until September 30, 

12 2011 except as otherwise provided herein; of which not to 

13 exceed $8,500 may be for official reception and representa14 tion expenses; of which not to exceed $74,915,000 shall be 

15 for welfare assistance payments: Provided, That in cases of 

16 designated Federal disasters, the Secretary may exceed such 

17 cap, from the amounts provided herein, to provide for dis18 aster relief to Indian communities affected by the disaster; 

19 of which, notwithstanding any other provision of law, in20 cluding but not limited to the Indian Self-Determination 

21 Act of 1975, as amended, not to exceed $154,794,000 shall 

22 be available for payments for contract support costs associ23 ated with ongoing contracts, grants, compacts, or annual 

24 funding agreements entered into with the Bureau prior to 

25 or during fiscal year 2010, as authorized by such Act, ex-
145 

•HR 2996 RS

1 cept that tribes and tribal organizations may use their trib2 al priority allocations for unmet contract support costs of 

3 ongoing contracts, grants, or compacts, or annual funding 

4 agreements and for unmet welfare assistance costs; of which 

5 not to exceed $566,702,000 for school operations costs of Bu6 reau-funded schools and other education programs shall be7 come available on July 1, 2010, and shall remain available 

8 until September 30, 2011; of which $25,000,000 shall be for 

9 public safety and justice programs as authorized by the 

10 Emergency Fund for Indian Safety and Health, established 

11 by section 601 of Public Law 110–293 (25 U.S.C. 443c); 

12 and of which not to exceed $60,958,000 shall remain avail13 able until expended for housing improvement, road mainte14 nance, attorney fees, litigation support, the Indian Self-De15 termination Fund, land records improvement, and the Nav16 ajo-Hopi Settlement Program: Provided further, That not17 withstanding any other provision of law, including but not 

18 limited to the Indian Self-Determination Act of 1975, as 

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

20 within and only from such amounts made available for 

21 school operations shall be available for administrative cost 

22 grants associated with ongoing grants entered into with the 

23 Bureau prior to or during fiscal year 2009 for the operation 

24 of Bureau-funded schools, and up to $500,000 within and 

25 only from such amounts made available for administrative 
146 

•HR 2996 RS

1 cost grants shall be available for the transitional costs of 

2 initial administrative cost grants to grantees that assume 

3 operation on or after July 1, 2009, of Bureau-funded 

4 schools: Provided further, That any forestry funds allocated 

5 to a tribe which remain unobligated as of September 30, 

6 2011, may be transferred during fiscal year 2012 to an In7 dian forest land assistance account established for the ben8 efit of the holder of the funds within the holder’s trust fund 

9 account: Provided further, That any such unobligated bal10 ances not so transferred shall expire on September 30, 2012: 

11 Provided further, That in order to enhance the safety of Bu12 reau field employees, the Bureau may use funds to purchase 

13 uniforms or other identifying articles of clothing for per14 sonnel. 

15 CONSTRUCTION

16 (INCLUDING TRANSFER OF FUNDS)

17 For construction, repair, improvement, and mainte18 nance of irrigation and power systems, buildings, utilities, 

19 and other facilities, including architectural and engineering 

20 services by contract; acquisition of lands, and interests in 

21 lands; and preparation of lands for farming, and for con22 struction of the Navajo Indian Irrigation Project pursuant 

23 to Public Law 87–483, $225,000,000, to remain available 

24 until expended: Provided, That such amounts as may be 

25 available for the construction of the Navajo Indian Irriga-
147 

•HR 2996 RS

1 tion Project may be transferred to the Bureau of Reclama2 tion: Provided further, That not to exceed 6 percent of con3 tract authority available to the Bureau of Indian Affairs 

4 from the Federal Highway Trust Fund may be used to cover 

5 the road program management costs of the Bureau: Pro6 vided further, That any funds provided for the Safety of 

7 Dams program pursuant to 25 U.S.C. 13 shall be made 

8 available on a nonreimbursable basis: Provided further, 

9 That for fiscal year 2010, in implementing new construc10 tion or facilities improvement and repair project grants in 

11 excess of $100,000 that are provided to grant schools under 

12 Public Law 100–297, as amended, the Secretary of the Inte13 rior shall use the Administrative and Audit Requirements 

14 and Cost Principles for Assistance Programs contained in 

15 43 CFR part 12 as the regulatory requirements: Provided 

16 further, That such grants shall not be subject to section 

17 12.61 of 43 CFR; the Secretary and the grantee shall nego18 tiate and determine a schedule of payments for the work 

19 to be performed: Provided further, That in considering 

20 grant applications, the Secretary shall consider whether 

21 such grantee would be deficient in assuring that the con22 struction projects conform to applicable building standards 

23 and codes and Federal, tribal, or State health and safety 

24 standards as required by 25 U.S.C. 2005(b), with respect 

25 to organizational and financial management capabilities: 
148 

•HR 2996 RS

1 Provided further, That if the Secretary declines a grant ap2 plication, the Secretary shall follow the requirements con3 tained in 25 U.S.C. 2504(f): Provided further, That any 

4 disputes between the Secretary and any grantee concerning 

5 a grant shall be subject to the disputes provision in 25 

6 U.S.C. 2507(e): Provided further, That in order to ensure 

7 timely completion of construction projects, the Secretary 

8 may assume control of a project and all funds related to 

9 the project, if, within eighteen months of the date of enact10 ment of this Act, any grantee receiving funds appropriated 

11 in this Act or in any prior Act, has not completed the plan12 ning and design phase of the project and commenced con13 struction: Provided further, That this appropriation may 

14 be reimbursed from the Office of the Special Trustee for 

15 American Indians appropriation for the appropriate share 

16 of construction costs for space expansion needed in agency 

17 offices to meet trust reform implementation. 

18 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

19 MISCELLANEOUS PAYMENTS TO INDIANS

20 For payments and necessary administrative expenses 

21 for implementation of Indian land and water claim settle22 ments pursuant to Public Laws 99–264, 100–580, 101–618, 

23 108–447, 109–379, 109–479, 110–297, and 111–11, and for 

24 implementation of other land and water rights settlements, 

25 $47,380,000, to remain available until expended. 
149 

•HR 2996 RS

1 INDIAN LAND CONSOLIDATION, BIA

2 For consolidation of fractional interests in Indian 

3 lands and expenses associated with redetermining and re4 distributing escheated interests in allotted lands, and for 

5 necessary expenses to carry out the Indian Land Consolida6 tion Act of 1983, as amended, by direct expenditure or coop7 erative agreement, $3,000,000, to remain available until ex8 pended. 

9 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

10 For the cost of guaranteed loans and insured loans, 

11 $8,215,000, of which $1,629,000 is for administrative ex12 penses, as authorized by the Indian Financing Act of 1974, 

13 as amended: Provided, That such costs, including the cost 

14 of modifying such loans, shall be as defined in section 502 

15 of the Congressional Budget Act of 1974: Provided further, 

16 That these funds are available to subsidize total loan prin17 cipal, any part of which is to be guaranteed or insured, 

18 not to exceed $93,807,956. 

19 ADMINISTRATIVE PROVISIONS

20 The Bureau of Indian Affairs may carry out the oper21 ation of Indian programs by direct expenditure, contracts, 

22 cooperative agreements, compacts and grants, either di23 rectly or in cooperation with States and other organiza24 tions. 
150 

•HR 2996 RS

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

2 Affairs may contract for services in support of the manage3 ment, operation, and maintenance of the Power Division 

4 of the San Carlos Irrigation Project. 

5 Appropriations for the Bureau of Indian Affairs (ex6 cept the Revolving Fund for Loans Liquidating Account, 

7 Indian Loan Guaranty and Insurance Fund Liquidating 

8 Account, Indian Guaranteed Loan Financing Account, In9 dian Direct Loan Financing Account, and the Indian 

10 Guaranteed Loan Program account) shall be available for 

11 expenses of exhibits. 

12 Notwithstanding any other provision of law, no funds 

13 available to the Bureau of Indian Affairs for central office 

14 oversight and Executive Direction and Administrative 

15 Services (except executive direction and administrative 

16 services funding for Tribal Priority Allocations, regional of17 fices, and facilities operations and maintenance) shall be 

18 available for contracts, grants, compacts, or cooperative 

19 agreements with the Bureau of Indian Affairs under the 

20 provisions of the Indian Self-Determination Act or the 

21 Tribal Self-Governance Act of 1994 (Public Law 103–413). 

22 In the event any tribe returns appropriations made 

23 available by this Act to the Bureau of Indian Affairs, this 

24 action shall not diminish the Federal Government’s trust 

25 responsibility to that tribe, or the government-to-govern-
151 

•HR 2996 RS

1 ment relationship between the United States and that tribe, 

2 or that tribe’s ability to access future appropriations. 

3 Notwithstanding any other provision of law, no funds 

4 available to the Bureau, other than the amounts provided 

5 herein for assistance to public schools under 25 U.S.C. 452 

6 et seq., shall be available to support the operation of any 

7 elementary or secondary school in the State of Alaska. 

8 Appropriations made available in this or any other 

9 Act for schools funded by the Bureau shall be available only 

10 to the schools in the Bureau school system as of September 

11 1, 1996. No funds available to the Bureau shall be used to 

12 support expanded grades for any school or dormitory be13 yond the grade structure in place or approved by the Sec14 retary of the Interior at each school in the Bureau school 

15 system as of October 1, 1995. Funds made available under 

16 this Act may not be used to establish a charter school at 

17 a Bureau-funded school (as that term is defined in section 

18 1146 of the Education Amendments of 1978 (25 U.S.C. 

19 2026)), except that a charter school that is in existence on 

20 the date of the enactment of this Act and that has operated 

21 at a Bureau-funded school before September 1, 1999, may 

22 continue to operate during that period, but only if the char23 ter school pays to the Bureau a pro rata share of funds 

24 to reimburse the Bureau for the use of the real and personal 

25 property (including buses and vans), the funds of the char-
152 

•HR 2996 RS

1 ter school are kept separate and apart from Bureau funds, 

2 and the Bureau does not assume any obligation for charter 

3 school programs of the State in which the school is located 

4 if the charter school loses such funding. Employees of Bu5 reau-funded schools sharing a campus with a charter school 

6 and performing functions related to the charter schools op7 eration and employees of a charter school shall not be treat8 ed as Federal employees for purposes of chapter 171 of title 

9 28, United States Code. 

10 Notwithstanding any other provision of law, including 

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

12 113, if in fiscal year 2003 or 2004 a grantee received indi13 rect and administrative costs pursuant to a distribution 

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

15 Secretary shall continue to distribute indirect and adminis16 trative cost funds to such grantee using the section 5(f) dis17 tribution formula. 

18 DEPARTMENTAL OFFICES

19 OFFICE OF THE SECRETARY

20 SALARIES AND EXPENSES

21 For necessary expenses for management of the Depart22 ment of the Interior, $118,836,000; of which not to exceed 

23 $25,000 may be for official reception and representation ex24 penses; and of which up to $1,000,000 shall be available 

25 for workers compensation payments and unemployment 
153 

•HR 2996 RS

1 compensation payments associated with the orderly closure 

2 of the United States Bureau of Mines: Provided, That, for 

3 fiscal year 2010 up to $400,000 of the payments authorized 

4 by the Act of October 20, 1976, as amended (31 U.S.C. 

5 6901–6907) may be retained for administrative expenses of 

6 the Payments in Lieu of Taxes Program: Provided further, 

7 That no payment shall be made pursuant to that Act to 

8 otherwise eligible units of local government if the computed 

9 amount of the payment is less than $100: Provided further, 

10 That for fiscal years 2008 through 2012 the Secretary may 

11 reduce the payment authorized by 31 U.S.C. 6901–6907, 

12 as amended, for an individual county by the amount nec13 essary to correct prior year overpayments to that county: 

14 Provided further, That for fiscal years 2008 through 2012 

15 the amount needed to correct a prior year underpayment 

16 to an individual county shall be paid from any reductions 

17 for overpayments to other counties and the amount nec18 essary to cover any remaining underpayment is hereby ap19 propriated and shall be paid to individual counties using 

20 current fiscal year funds. 

21 INSULAR AFFAIRS

22 ASSISTANCE TO TERRITORIES

23 For expenses necessary for assistance to territories 

24 under the jurisdiction of the Department of the Interior, 

25 $81,095,000, of which: (1) $71,815,000 shall remain avail-
154 

•HR 2996 RS

1 able until expended for technical assistance, including 

2 maintenance assistance, disaster assistance, insular man3 agement controls, coral reef initiative activities, and brown 

4 tree snake control and research; grants to the judiciary in 

5 American Samoa for compensation and expenses, as au6 thorized by law (48 U.S.C. 1661(c)); grants to the Govern7 ment of American Samoa, in addition to current local reve8 nues, for construction and support of governmental func9 tions; grants to the Government of the Virgin Islands as 

10 authorized by law; grants to the Government of Guam, as 

11 authorized by law; and grants to the Government of the 

12 Northern Mariana Islands as authorized by law (Public 

13 Law 94–241; 90 Stat. 272); and (2) $9,280,000 shall be 

14 available until September 30, 2011 for salaries and ex15 penses of the Office of Insular Affairs: Provided, That all 

16 financial transactions of the territorial and local govern17 ments herein provided for, including such transactions of 

18 all agencies or instrumentalities established or used by such 

19 governments, may be audited by the Government Account20 ability Office, at its discretion, in accordance with chapter 

21 35 of title 31, United States Code: Provided further, That 

22 Northern Mariana Islands Covenant grant funding shall be 

23 provided according to those terms of the Agreement of the 

24 Special Representatives on Future United States Financial 

25 Assistance for the Northern Mariana Islands approved by 
155 

•HR 2996 RS

1 Public Law 104–134: Provided further, That the funds for 

2 the program of operations and maintenance improvement 

3 are appropriated to institutionalize routine operations and 

4 maintenance improvement of capital infrastructure with 

5 territorial participation and cost sharing to be determined 

6 by the Secretary based on the grantee’s commitment to time7 ly maintenance of its capital assets: Provided further, That 

8 any appropriation for disaster assistance under this head9 ing in this Act or previous appropriations Acts may be used 

10 as non-Federal matching funds for the purpose of hazard 

11 mitigation grants provided pursuant to section 404 of the 

12 Robert T. Stafford Disaster Relief and Emergency Assist13 ance Act (42 U.S.C. 5170c): Provided further, That at the 

14 request of the Governor of Guam, the Secretary may trans15 fer any mandatory or discretionary funds appropriated, in16 cluding those provided under Public Law 104–134, to the 

17 Secretary of Agriculture for the subsidy cost of direct or 

18 guaranteed loans, plus not to exceed 3 percent of the amount 

19 of the subsidy transferred for the cost of loan administra20 tion, for the purposes authorized by the Rural Electrifica21 tion Act of 1936 and section 306(a)(1) of the Consolidated 

22 Farm and Rural Development Act for construction and re23 pair projects in Guam, and such funds shall remain avail24 able until expended: Provided further, That such costs, in25 cluding the cost of modifying such loans, shall be as defined 
156 

•HR 2996 RS

1 in section 502 of the Congressional Budget Act of 1974: Pro2 vided further, That such loans or loan guarantees may be 

3 made without regard to the population of the area, credit 

4 elsewhere requirements, and restrictions on the types of eli5 gible entities under the Rural Electrification Act of 1936 

6 and section 306(a)(1) of the Consolidated Farm and Rural 

7 Development Act: Provided further, That any funds trans8 ferred to the Secretary of Agriculture shall be in addition 

9 to funds otherwise made available to make or guarantee 

10 loans under such authorities. 

11 COMPACT OF FREE ASSOCIATION

12 For grants and necessary expenses, $5,318,000, to re13 main available until expended, as provided for in sections 

14 221(a)(2), 221(b), and 233 of the Compact of Free Associa15 tion for the Republic of Palau; and section 221(a)(2) of the 

16 Compacts of Free Association for the Government of the Re17 public of the Marshall Islands and the Federated States of 

18 Micronesia, as authorized by Public Law 99–658 and Pub19 lic Law 108–188: Provided further, That at the request of 

20 the Governor of Guam, the Secretary may transfer any 

21 mandatory or discretionary funds appropriated, including 

22 those provided under section 104(e) of Public Law 108–188, 

23 to the Secretary of Agriculture for the subsidy cost of direct 

24 or guaranteed loans, plus not to exceed 3 percent of the 

25 amount of the subsidy transferred for the cost of loan ad-
157 

•HR 2996 RS

1 ministration, for the purposes authorized by the Rural Elec2 trification Act of 1936 and section 306(a)(1) of the Consoli3 dated Farm and Rural Development Act for construction 

4 and repair projects in Guam, and such funds shall remain 

5 available until expended: Provided further, That such costs, 

6 including the cost of modifying such loans, shall be as de7 fined in section 502 of the Congressional Budget Act of 

8 1974: Provided further, That such loans or loan guarantees 

9 may be made without regard to the population of the area, 

10 credit elsewhere requirements, and restrictions on the types 

11 of eligible entities under the Rural Electrification Act of 

12 1936 and section 306(a)(1) of the Consolidated Farm and 

13 Rural Development Act: Provided further, That any funds 

14 transferred to the Secretary of Agriculture shall be in addi15 tion to funds otherwise made available to make or guar16 antee loans under such authorities. 

17 OFFICE OF THE SOLICITOR

18 SALARIES AND EXPENSES

19 For necessary expenses of the Office of the Solicitor, 

20 $65,076,000. 

21 OFFICE OF INSPECTOR GENERAL

22 SALARIES AND EXPENSES

23 For necessary expenses of the Office of Inspector Gen24 eral, $48,590,000. 
158 

•HR 2996 RS

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 di6 rect expenditure, contracts, cooperative agreements, com7 pacts, and grants, $185,984,000, to remain available until 

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

9 any other Act, shall be available for historical accounting: 

10 Provided, That funds for trust management improvements 

11 and litigation support may, as needed, be transferred to or 

12 merged with the Bureau of Indian Affairs, ‘‘Operation of 

13 Indian Programs’’ account; the Office of the Solicitor, ‘‘Sal14 aries and Expenses’’ account; and the Office of the Sec15 retary, ‘‘Salaries and Expenses’’ account: Provided further, 

16 That funds made available through contracts or grants obli17 gated during fiscal year 2010, as authorized by the Indian 

18 Self-Determination Act of 1975 (25 U.S.C. 450 et seq.), 

19 shall remain available until expended by the contractor or 

20 grantee: Provided further, That, notwithstanding any other 

21 provision of law, the statute of limitations shall not com22 mence to run on any claim, including any claim in litiga23 tion pending on the date of the enactment of this Act, con24 cerning losses to or mismanagement of trust funds, until 

25 the affected tribe or individual Indian has been furnished 
159 

•HR 2996 RS

1 with an accounting of such funds from which the bene2 ficiary can determine whether there has been a loss: Pro3 vided further, That, notwithstanding any other provision 

4 of law, the Secretary shall not be required to provide a 

5 quarterly statement of performance for any Indian trust ac6 count that has not had activity for at least 18 months and 

7 has a balance of $15.00 or less: Provided further, That the 

8 Secretary shall issue an annual account statement and 

9 maintain a record of any such accounts and shall permit 

10 the balance in each such account to be withdrawn upon the 

11 express written request of the account holder: Provided fur12 ther, That not to exceed $50,000 is available for the Sec13 retary to make payments to correct administrative errors 

14 of either disbursements from or deposits to Individual In15 dian Money or Tribal accounts after September 30, 2002: 

16 Provided further, That erroneous payments that are recov17 ered shall be credited to and remain available in this ac18 count for this purpose. 

19 DEPARTMENT-WIDE PROGRAMS

20 WILDLAND FIRE MANAGEMENT

21 (INCLUDING TRANSFERS OF FUNDS)

22 For necessary expenses for fire preparedness, suppres23 sion operations, fire science and research, emergency reha24 bilitation, hazardous fuels reduction, and rural fire assist25 ance by the Department of the Interior, $979,637,000, to 
160 

•HR 2996 RS

1 remain available until expended, of which not to exceed 

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

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

4 repayment of advances to other appropriation accounts 

5 from which funds were previously transferred for such pur6 poses: Provided further, That persons hired pursuant to 43 

7 U.S.C. 1469 may be furnished subsistence and lodging with8 out cost from funds available from this appropriation: Pro9 vided further, That notwithstanding 42 U.S.C. 1856d, sums 

10 received by a bureau or office of the Department of the Inte11 rior for fire protection rendered pursuant to 42 U.S.C. 1856 

12 et seq., protection of United States property, may be cred13 ited to the appropriation from which funds were expended 

14 to provide that protection, and are available without fiscal 

15 year limitation: Provided further, That using the amounts 

16 designated under this title of this Act, the Secretary of the 

17 Interior may enter into procurement contracts, grants, or 

18 cooperative agreements, for hazardous fuels reduction ac19 tivities, and for training and monitoring associated with 

20 such hazardous fuels reduction activities, on Federal land, 

21 or on adjacent non-Federal land for activities that benefit 

22 resources on Federal land: Provided further, That the costs 

23 of implementing any cooperative agreement between the 

24 Federal Government and any non-Federal entity may be 

25 shared, as mutually agreed on by the affected parties: Pro-
161 

•HR 2996 RS

1 vided further, That notwithstanding requirements of the 

2 Competition in Contracting Act, the Secretary, for purposes 

3 of hazardous fuels reduction activities, may obtain max4 imum practicable competition among: (1) local private, 

5 nonprofit, or cooperative entities; (2) Youth Conservation 

6 Corps crews, Public Lands Corps (Public Law 109–154), 

7 or related partnerships with State, local, or non-profit 

8 youth groups; (3) small or micro-businesses; or (4) other 

9 entities that will hire or train locally a significant percent10 age, defined as 50 percent or more, of the project workforce 

11 to complete such contracts: Provided further, That in imple12 menting this section, the Secretary shall develop written 

13 guidance to field units to ensure accountability and con14 sistent application of the authorities provided herein: Pro15 vided further, That funds appropriated under this head 

16 may be used to reimburse the United States Fish and Wild17 life Service and the National Marine Fisheries Service for 

18 the costs of carrying out their responsibilities under the En19 dangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to 

20 consult and conference, as required by section 7 of such Act, 

21 in connection with wildland fire management activities: 

22 Provided further, That the Secretary of the Interior may 

23 use wildland fire appropriations to enter into non-competi24 tive sole source leases of real property with local govern25 ments, at or below fair market value, to construct capital-
162 

•HR 2996 RS

1 ized improvements for fire facilities on such leased prop2 erties, including but not limited to fire guard stations, re3 tardant stations, and other initial attack and fire support 

4 facilities, and to make advance payments for any such lease 

5 or for construction activity associated with the lease: Pro6 vided further, That the Secretary of the Interior and the 

7 Secretary of Agriculture may authorize the transfer of funds 

8 appropriated for wildland fire management, in an aggre9 gate amount not to exceed $10,000,000, between the Depart10 ments when such transfers would facilitate and expedite 

11 jointly funded wildland fire management programs and 

12 projects: Provided further, That funds provided for wildfire 

13 suppression shall be available for support of Federal emer14 gency response actions. 

15 CENTRAL HAZARDOUS MATERIALS FUND

16 For necessary expenses of the Department of the Inte17 rior and any of its component offices and bureaus for the 

18 response action, including associated activities, performed 

19 pursuant to the Comprehensive Environmental Response, 

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

21 9601 et seq.), $10,175,000, to remain available until ex22 pended: Provided, That Public Law 110–161 (121 Stat. 

23 2116) under this heading is amended by striking ‘‘in ad24 vance of or as reimbursement for remedial action or re25 sponse activities conducted by the Department pursuant to 
163 

•HR 2996 RS

1 section 107 or 113(f) of such Act’’ and inserting in lieu 

2 thereof ‘‘including any fines or penalties’’. 

3 NATURAL RESOURCE DAMAGE ASSESSMENT AND

4 RESTORATION

5 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

6 To conduct natural resource damage assessment and 

7 restoration activities by the Department of the Interior nec8 essary to carry out the provisions of the Comprehensive En9 vironmental Response, Compensation, and Liability Act, as 

10 amended (42 U.S.C. 9601 et seq.), the Federal Water Pollu11 tion Control Act, as amended (33 U.S.C. 1251 et seq.), the 

12 Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and Pub13 lic Law 101–337, as amended (16 U.S.C. 19jj et seq.), 

14 $6,462,000, to remain available until expended. 

15 WORKING CAPITAL FUND

16 For the acquisition of a departmental financial and 

17 business management system and information technology 

18 improvements of general benefit to the Department, 

19 $85,823,000, to remain available until expended: Provided, 

20 That none of the funds in this Act or previous appropria21 tions Acts may be used to establish reserves in the Working 

22 Capital Fund account other than for accrued annual leave 

23 and depreciation of equipment without prior approval of 

24 the House and Senate Committees on Appropriations: Pro25 vided further, That the Secretary may assess reasonable 
164 

•HR 2996 RS

1 charges to State, local and tribal government employees for 

2 training services provided by the National Indian Program 

3 Training Center, other than training related to Public Law 

4 93–638: Provided further, That the Secretary may lease or 

5 otherwise provide space and related facilities, equipment or 

6 professional services of the National Indian Program 

7 Training Center to State, local and tribal government em8 ployees or persons or organizations engaged in cultural, 

9 educational, or recreational activities (as defined in 40 

10 U.S.C. 3306(a)) at the prevailing rate for similar space, 

11 facilities, equipment, or services in the vicinity of the Na12 tional Indian Program Training Center: Provided further, 

13 That all funds received pursuant to the two preceding pro14 visos shall be credited to this account, shall be available 

15 until expended, and shall be used by the Secretary for nec16 essary expenses of the National Indian Program Training 

17 Center. 

18 ADMINISTRATIVE PROVISION

19 There is hereby authorized for acquisition from avail20 able resources within the Working Capital Fund, 15 air21 craft, 10 of which shall be for replacement and which may 

22 be obtained by donation, purchase or through available ex23 cess surplus property: Provided, That existing aircraft 

24 being replaced may be sold, with proceeds derived or trade- 
165 

•HR 2996 RS

1 in value used to offset the purchase price for the replacement 

2 aircraft. 

3 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

4 EMERGENCY TRANSFER AUTHORITY—INTRA-BUREAU

5 (INCLUDING TRANSFERS OF FUNDS)

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

7 available for expenditure or transfer (within each bureau 

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

10 buildings, utilities, or other facilities or equipment dam11 aged or destroyed by fire, flood, storm, or other unavoidable 

12 causes: Provided, That no funds shall be made available 

13 under this authority until funds specifically made available 

14 to the Department of the Interior for emergencies shall have 

15 been exhausted. 

16 EMERGENCY TRANSFER AUTHORITY—DEPARTMENT-WIDE

17 SEC. 102. The Secretary may authorize the expendi18 ture or transfer of any no year appropriation in this title, 

19 for the suppression or emergency prevention of wildland 

20 fires on or threatening lands under the jurisdiction of the 

21 Department of the Interior; for the emergency rehabilitation 

22 of burned-over lands under its jurisdiction; for emergency 

23 actions related to potential or actual earthquakes, floods, 

24 volcanoes, storms, or other unavoidable causes; for contin25 gency planning subsequent to actual oil spills; for response 
166 

•HR 2996 RS

1 and natural resource damage assessment activities related 

2 to actual oil spills; for the prevention, suppression, and con3 trol of actual or potential grasshopper and Mormon cricket 

4 outbreaks on lands under the jurisdiction of the Secretary, 

5 pursuant to the authority in section 1773(b) of Public Law 

6 99–198 (99 Stat. 1658); for emergency reclamation projects 

7 under section 410 of Public Law 95–87; and shall transfer, 

8 from any no year funds available to the Office of Surface 

9 Mining Reclamation and Enforcement, such funds as may 

10 be necessary to permit assumption of regulatory authority 

11 in the event a primacy State is not carrying out the regu12 latory provisions of the Surface Mining Act: Provided, That 

13 appropriations made in this title for wildland fire oper14 ations shall be available for the payment of obligations in15 curred during the preceding fiscal year, and for reimburse16 ment to other Federal agencies for destruction of vehicles, 

17 aircraft, or other equipment in connection with their use 

18 for wildland fire operations, such reimbursement to be cred19 ited to appropriations currently available at the time of 

20 receipt thereof: Provided further, That for wildland fire op21 erations, no funds shall be made available under this au22 thority until the Secretary determines that funds appro23 priated for ‘‘wildland fire operations’’ shall be exhausted 

24 within 30 days: Provided further, That all funds used pur25 suant to this section must be replenished by a supplemental 
167 

•HR 2996 RS

1 appropriation which must be requested as promptly as pos2 sible: Provided further, That such replenishment funds shall 

3 be used to reimburse, on a pro rata basis, accounts from 

4 which emergency funds were transferred. 

5 AUTHORIZED USE OF FUNDS

6 SEC. 103. Appropriations made to the Department of 

7 the Interior in this title shall be available for services as 

8 authorized by 5 U.S.C. 3109, when authorized by the Sec9 retary, in total amount not to exceed $500,000; purchase 

10 and replacement of motor vehicles, including specially 

11 equipped law enforcement vehicles; hire, maintenance, and 

12 operation of aircraft; hire of passenger motor vehicles; pur13 chase of reprints; payment for telephone service in private 

14 residences in the field, when authorized under regulations 

15 approved by the Secretary; and the payment of dues, when 

16 authorized by the Secretary, for library membership in soci17 eties or associations which issue publications to members 

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

19 who are not members. 

20 AUTHORIZED USE OF FUNDS

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

22 headings Bureau of Indian Affairs and Office of the Special 

23 Trustee for American Indians and any unobligated bal24 ances from prior appropriations Acts made under the same 

25 headings shall be available for expenditure or transfer for 
168 

•HR 2996 RS

1 Indian trust management and reform activities. Total 

2 funding for historical accounting activities shall not exceed 

3 amounts specifically designated in this Act for such pur4 pose. 

5 REDISTRIBUTION OF FUNDS

6 SEC. 105. Notwithstanding any other provision of law, 

7 the Secretary of the Interior is authorized to redistribute 

8 any Tribal Priority Allocation funds, including tribal base 

9 funds, to alleviate tribal funding inequities by transferring 

10 funds to address identified, unmet needs, dual enrollment, 

11 overlapping service areas or inaccurate distribution meth12 odologies. No federally recognized tribe shall receive a reduc13 tion in Tribal Priority Allocation funds of more than 10 

14 percent in fiscal year 2010. Under circumstances of dual 

15 enrollment, overlapping service areas or inaccurate dis16 tribution methodologies, the 10 percent limitation does not 

17 apply. 

18 TWIN CITIES RESEARCH CENTER

19 SEC. 106. Notwithstanding any other provision of law, 

20 in conveying the Twin Cities Research Center under the au21 thority provided by Public Law 104–134, as amended by 

22 Public Law 104–208, the Secretary may accept and retain 

23 land and other forms of reimbursement: Provided, That the 

24 Secretary may retain and use any such reimbursement 

25 until expended and without further appropriation: (1) for 
169 

•HR 2996 RS

1 the benefit of the National Wildlife Refuge System within 

2 the State of Minnesota; and (2) for all activities authorized 

3 by 16 U.S.C. 460zz. 

4 PAYMENT OF FEES

5 SEC. 107. The Secretary of the Interior may use discre6 tionary funds to pay private attorney fees and costs for em7 ployees and former employees of the Department of the Inte8 rior reasonably incurred in connection with Cobell v. Sala9 zar to the extent that such fees and costs are not paid by 

10 the Department of Justice or by private insurance. In no 

11 case shall the Secretary make payments under this section 

12 that would result in payment of hourly fees in excess of 

13 the highest hourly rate approved by the District Court for 

14 the District of Columbia for counsel in Cobell v. Salazar. 

15 ELLIS, GOVERNORS, AND LIBERTY ISLANDS

16 SEC. 108. Notwithstanding any other provision of law, 

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

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

19 of any pier, dock, or landing within the State of New York 

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

21 and maintaining facilities in the support of transportation 

22 and accommodation of visitors to Ellis, Governors, and Lib23 erty Islands, and of other program and administrative ac24 tivities, by donation or with appropriated funds, including 

25 franchise fees (and other monetary consideration), or by ex-
170 

•HR 2996 RS

1 change; and the Secretary is authorized to negotiate and 

2 enter into leases, subleases, concession contracts or other 

3 agreements for the use of such facilities on such terms and 

4 conditions as the Secretary may determine reasonable. 

5 PROHIBITION ON USE OF FUNDS

6 SEC. 109. (a) Any proposed new use of the Arizona 

7 & California Railroad Company’s Right of Way for convey8 ance of water shall not proceed unless the Secretary of the 

9 Interior certifies that the proposed new use is within the 

10 scope of the Right of Way. 

11 (b) No funds appropriated or otherwise made available 

12 to the Department of the Interior may be used, in relation 

13 to any proposal to store water underground for the purpose 

14 of export, for approval of any right-of-way or similar au15 thorization on the Mojave National Preserve or lands man16 aged by the Needles Field Office of the Bureau of Land Man17 agement, or for carrying out any activities associated with 

18 such right-of-way or similar approval. 

19 USE OF COOPERATIVE AGREEMENTS

20 SEC. 110. For fiscal year 2010, and each fiscal year 

21 thereafter, the Secretary of the Interior may enter into coop22 erative agreements with a State or political subdivision (in23 cluding any agency thereof), or any not-for-profit organiza24 tion if the agreement will: (1) serve a mutual interest of 

25 the parties to the agreement in carrying out the programs 
171 

•HR 2996 RS

1 administered by the Department of the Interior; and (2) 

2 all parties will contribute resources to the accomplishment 

3 of these objectives. At the discretion of the Secretary, such 

4 agreements shall not be subject to a competitive process. 

5 CONFORMING AMENDMENT

6 SEC. 111. Sections 109 and 110 of the Federal Oil and 

7 Gas Royalty Management Act (30 U.S.C. 1719 and 1720) 

8 shall, for fiscal year 2010 and each fiscal year thereafter, 

9 apply to any lease authorizing exploration for or develop10 ment of coal, any other solid mineral, or any geothermal 

11 resource on any Federal or Indian lands and any lease, 

12 easement, right of way, or other agreement, regardless of 

13 form, for use of the Outer Continental Shelf or any of its 

14 resources under sections 8(k) or 8(p) of the Outer Conti15 nental Shelf Lands Act (43 U.S.C. 1337(k) and 1337(p)) 

16 to the same extent as if such lease, easement, right of way, 

17 or other agreement, regardless of form, were an oil and gas 

18 lease, except that in such cases the term ‘‘royalty payment’’ 

19 shall include any payment required by such lease, easement, 

20 right of way or other agreement, regardless of form, or by 

21 applicable regulation. 

22 PROHIBITION ON USE OF FUNDS, POINT REYES NATIONAL

23 SEASHORE

24 SEC. 112. None of the funds in this Act may be used 

25 to further reduce the number of Axis or Fallow deer at Point 
172 

•HR 2996 RS

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’’. 
173 

•HR 2996 RS

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 OF PRIVATE

13 PROPERTY IN HERITAGE AREA.— 

14 ‘‘(1) NOTIFICATION AND CONSENT REQUIRE15 MENT.—No privately owned property shall be pre16 served, conserved, or promoted by the management 

17 plan for the Heritage Area until the later of the date 

18 on which— 

19 ‘‘(A) the management entity of the Heritage 

20 Area submits to the owner of the private prop21 erty a written notification of the proposed pres22 ervation, conservation, or promotion; and 

23 ‘‘(B) the owner of the private property pro24 vides to the management entity written consent 

25 for the preservation, conservation, or promotion. 
174 

•HR 2996 RS

1 ‘‘(2) LANDOWNER WITHDRAWAL.—Private prop2 erty included within the boundary of the Heritage 

3 Area shall immediately be withdrawn from the Herit4 age Area if the owner of the property submits a writ5 ten notice to the management entity.’’. 

6 PEARL HARBOR NAVAL COMPLEX, JOINT TICKETING

7 SEC. 116. (a) DEFINITIONS.—In this section: 

8 (1) HISTORIC ATTRACTION.—The term ‘‘historic 

9 attraction’’ mean a historic attraction within the 

10 Pearl Harbor Naval Complex, including— 

11 (A) the USS Bowfin Submarine Museum 

12 and Park; 

13 (B) the Battleship Missouri Memorial; 

14 (C) the Pacific Aviation Museum-Pearl 

15 Harbor; and 

16 (D) any other historic attraction within the 

17 Pearl Harbor Naval Complex that— 

18 (i) the Secretary identifies as a Pearl 

19 Harbor historic attraction; and 

20 (ii) is not administered or managed by 

21 the Secretary. 

22 (2) MONUMENT.—The term ‘‘Monument’’ means 

23 the Word War II Valor in the Pacific National Monu24 ment in the State of Hawaii. 
175 

•HR 2996 RS

1 (3) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

3 (4) VISITOR CENTER.—The term ‘‘Visitor Cen4 ter’’ means the visitor center located within the Pearl 

5 Harbor Naval Complex on land that is— 

6 (A) within the Monument; and 

7 (B) managed by the Secretary, acting 

8 through the Director of the National Park Serv9 ice. 

10 (b) FACILITATION OF ADMISSION TO HISTORIC AT11 TRACTIONS WITHIN PEARL HARBOR NAVAL COMPLEX.— 

12 (1) IN GENERAL.—In managing the Monument, 

13 the Secretary may enter into an agreement with any 

14 organization that is authorized to administer or man15 age a historic attraction— 

16 (A) to allow visitors to the historic attrac17 tion to gain access to the historic attraction by 

18 passing through security screening at the Visitor 

19 Center; and 

20 (B) to allow the sale of tickets to a historic 

21 attraction within the Visitor Center by— 

22 (i) employees of the National Park 

23 Service; or 

24 (ii) the organization that administers 

25 or manages the historic attraction. 
176 

•HR 2996 RS

1 (2) TERMS AND CONDITIONS.—In any agreement 

2 entered into under paragraph (1), the Secretary— 

3 (A) shall require the organization admin4 istering or managing the historic attraction to 

5 pay to the Secretary a reasonable fee to recover 

6 administrative costs of the Secretary associated 

7 with the use of the Visitor Center for public ac8 cess and ticket sales; 

9 (B) shall ensure that the liability of the 

10 United States is limited with respect to any li11 ability arising from— 

12 (i) the admission of the public through 

13 the Visitor Center to a historic attraction; 

14 and 

15 (ii) the sale or issuance of any tickets 

16 to the historic attraction; and 

17 (C) may include any other terms and con18 ditions that the Secretary determines to be ap19 propriate. 

20 (3) USE OF FEES.—The proceeds of any amounts 

21 collected as fees under paragraph (2)(A) shall remain 

22 available, without further appropriation, for use by 

23 the Secretary for the Monument. 

24 (4) LIMITATION OF AUTHORITY.—Nothing in this 

25 section authorizes the Secretary— 
177 

•HR 2996 RS

1 (A) to regulate or approve the rates for ad2 mission to a historic attraction; 

3 (B) to regulate or manage any visitor serv4 ices within the Pearl Harbor Naval Complex 

5 (other than the services managed by the National 

6 Park Service as part of the Monument); or 

7 (C) to charge an entrance fee for admission 

8 to the Monument. 

9 (5) PROTECTION OF RESOURCES.—Nothing in 

10 this section authorizes the Secretary or any organiza11 tion that administers or manages a historic attrac12 tion to take any action in derogation of the preserva13 tion and protection of the values and resources of the 

14 Monument. 

15 ASSISTANCE FOR THE REPUBLIC OF PALAU

16 SEC. 117. (a) IN GENERAL.—Subject to subsection (c), 

17 the Secretary of the Interior shall provide to the Govern18 ment of Palau for fiscal year 2010 grants in amounts equal 

19 to the annual amounts specified in subsections (a), (c), and 

20 (d) of section 211 of the Compact of Free Association be21 tween the Government of the United States of America and 

22 the Government of Palau (48 U.S.C. 1931 note) (referred 

23 to in this section as the ‘‘Compact’’). 

24 (b) PROGRAMMATIC ASSISTANCE.—Subject to sub25 section (c), the United States shall provide programmatic 
178 

•HR 2996 RS

1 assistance to the Republic of Palau for fiscal year 2010 in 

2 amounts equal to the amounts provided in subsections (a) 

3 and (b)(1) of section 221 of the Compact. 

4 (c) LIMITATIONS ON ASSISTANCE.— 

5 (1) IN GENERAL.—The grants and programmatic 

6 assistance provided under subsections (a) and (b) 

7 shall be provided to the same extent and in the same 

8 manner as the grants and assistance were provided in 

9 fiscal year 2009. 

10 (2) TRUST FUND.—If the Government of Palau 

11 withdraws more than $5,000,000 from the trust fund 

12 established under section 211(f) of the Compact, 

13 amounts to be provided under subsections (a) and (b) 

14 shall be withheld from the Government of Palau. 

15 GOLDEN GATE NATIONAL RECREATION AREA, FORT BAKER

16 AMENDMENT

17 SEC. 118. Section 120 of title I of H.R. 3423 (Appen18 dix C) as enacted into law by section 1000(a)(3) of division 

19 B of Public Law 106–113 is amended by striking the last 

20 sentence. 

21 THEODORE ROOSEVELT NATIONAL PARK, ELK REDUCTION

22 SEC. 119. None of the funds made available in this 

23 Act shall be used to establish or implement a plan to reduce 

24 the number of elk in Theodore Roosevelt National Park un25 less such plan, notwithstanding any other provision of law, 
179 

•HR 2996 RS

1 allows North Dakota residents possessing a State hunting 

2 license to be deputized by the Secretary as rangers in such 

3 numbers as the Secretary deems sufficient for purposes of 

4 culling the elk herd at the Park, and allows each such volun5 teer to cull one elk and remove its carcass from the Park. 

6 POINT REYES NATIONAL SEASHORE, EXTENSION OF PERMIT

7 SEC. 120. (a) Prior to the expiration on November 30, 

8 2012 of the Drake’s Bay Oyster Company’s Reservation of 

9 Use and Occupancy and associated special use permit (‘‘ex10 isting authorization’’) within Drake’s Estero at Point Reyes 

11 National Seashore, the Secretary of the Interior shall extend 

12 the existing authorization through a lease (or other legal 

13 instrument) with the same terms and conditions, except as 

14 provided herein, for a period of 10 years from November 

15 30, 2012: Provided, That such extended authorization is 

16 subject to the Company’s compliance with all applicable 

17 laws and regulations (excepting any that would prohibit 

18 the extended authorization) and permit conditions in effect 

19 on the date of enactment of this Act with any mutually 

20 agreed modifications to such permit conditions, including 

21 the maintenance of best practices as outlined in the Na22 tional Academy of Sciences report expected in fall 2009 re23 garding (1) shellfish farming in Drake’s Estero, (2) mini24 mizing disturbance of marine mammals, and (3) control 

25 and removal, to the extent practicable, of the tunicate 
180 

•HR 2996 RS

1 ‘‘Didemnum’’: Provided further, That such extended author2 ization is subject to annual payments to the United States 

3 based on the fair market value of the use of the Federal 

4 property for the duration of such renewal. 

5 (b) Nothing in this section shall be construed to have 

6 any application to any location other than Point Reyes Na7 tional Seashore; nor shall anything in this section be cited 

8 as precedent for management of any potential wilderness 

9 outside the Seashore. 

10 CONTRIBUTION AUTHORITY

11 SEC. 121. Title 43 U.S.C. 1473, as amended by Public 

12 Law 110–161 and Public Law 111–8, is further amended 

13 by deleting ‘‘in fiscal years 2008 and 2009 only’’ and in14 serting ‘‘in fiscal years 2008, 2009 and 2010 only’’. 

15 NATIONAL PARK SYSTEM, SPECIAL RESOURCE STUDY

16 SEC. 122. (a) IN GENERAL.—The Secretary of the In17 terior (referred to in this section as the ‘‘Secretary’’) shall 

18 conduct a special resource study of the national signifi19 cance, suitability, and feasibility of including the 

20 Honouliuli Gulch and associated sites within the State of 

21 Hawaii in the National Park System. 

22 (b) GUIDELINES.—In conducting the study, the Sec23 retary shall use the criteria for the study of areas for poten24 tial inclusion in the National Park System described in sec25 tion 8 of Public Law 91–383 (16 U.S.C. 1a–5). 
181 

•HR 2996 RS

1 (c) CONSULTATION.—In conducting the study, the Sec2 retary shall consult with— 

3 (1) the State of Hawaii; 

4 (2) appropriate Federal agencies; 

5 (3) Native Hawaiian and local government enti6 ties; 

7 (4) private and nonprofit organizations; 

8 (5) private land owners; and 

9 (6) other interested parties. 

10 (d) THEMES.—The study shall evaluate the Honouliuli 

11 Gulch, associated sites located on Oahu, and other islands 

12 located in the State of Hawaii with respect to— 

13 (1) the significance of the site as a component of 

14 World War II; 

15 (2) the significance of the site as the site related 

16 to the forcible internment of Japanese Americans, Eu17 ropean Americans, and other individuals; and 

18 (3) historic resources at the site. 

19 (e) REPORT.—Not later than 2 years after the date of 

20 enactment of this Act, the Secretary shall submit to the 

21 Committee on Natural Resources of the House of Represent22 atives and the Committee on Energy and Natural Resources 

23 of the Senate a report describing the findings, conclusions, 

24 and recommendations of the study required under this sec25 tion. 
182 

•HR 2996 RS

1 TITLE II 

2 ENVIRONMENTAL PROTECTION AGENCY 

3 SCIENCE AND TECHNOLOGY

4 For science and technology, including research and de5 velopment activities, which shall include research and devel6 opment activities under the Comprehensive Environmental 

7 Response, Compensation, and Liability Act of 1980, as 

8 amended; necessary expenses for personnel and related costs 

9 and travel expenses; procurement of laboratory equipment 

10 and supplies; and other operating expenses in support of 

11 research and development, $842,799,000, to remain avail12 able until September 30, 2011. 

13 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

14 For environmental programs and management, in15 cluding necessary expenses, not otherwise provided for, for 

16 personnel and related costs and travel expenses; hire of pas17 senger motor vehicles; hire, maintenance, and operation of 

18 aircraft; purchase of reprints; library memberships in soci19 eties or associations which issue publications to members 

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

21 who are not members; administrative costs of the 

22 brownfields program under the Small Business Liability 

23 Relief and Brownfields Revitalization Act of 2002; and not 

24 to exceed $9,000 for official reception and representation 

25 expenses, $2,878,780,000, to remain available until Sep-
183 

•HR 2996 RS

1 tember 30, 2011: Provided, That of the funds included under 

2 this heading, not less than $478,696,000 shall be for the Ge3 ographic Programs specified in the committee report accom4 panying this Act. 

5 OFFICE OF INSPECTOR GENERAL

6 For necessary expenses of the Office of Inspector Gen7 eral in carrying out the provisions of the Inspector General 

8 Act of 1978, as amended, $44,791,000, to remain available 

9 until September 30, 2011. 

10 BUILDINGS AND FACILITIES

11 For construction, repair, improvement, extension, al12 teration, and purchase of fixed equipment or facilities of, 

13 or for use by, the Environmental Protection Agency, 

14 $35,001,000, to remain available until expended. 

15 HAZARDOUS SUBSTANCE SUPERFUND

16 (INCLUDING TRANSFERS OF FUNDS)

17 For necessary expenses to carry out the Comprehensive 

18 Environmental Response, Compensation, and Liability Act 

19 of 1980 (CERCLA), as amended, including sections 

20 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611) 

21 $1,308,541,000, to remain available until expended, con22 sisting of such sums as are available in the Trust Fund 

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

24 the Superfund Amendments and Reauthorization Act of 

25 1986 (SARA) and up to $1,308,541,000 as a payment from 
184 

•HR 2996 RS

1 general revenues to the Hazardous Substance Superfund for 

2 purposes as authorized by section 517(b) of SARA, as 

3 amended: Provided, That funds appropriated under this 

4 heading may be allocated to other Federal agencies in ac5 cordance with section 111(a) of CERCLA: Provided further, 

6 That of the funds appropriated under this heading, 

7 $9,975,000 shall be paid to the ‘‘Office of Inspector General’’ 

8 appropriation to remain available until September 30, 

9 2011, and $26,834,000 shall be paid to the ‘‘Science and 

10 Technology’’ appropriation to remain available until Sep11 tember 30, 2011. 

12 LEAKING UNDERGROUND STORAGE TANK TRUST FUND

13 PROGRAM

14 For necessary expenses to carry out leaking under15 ground storage tank cleanup activities authorized by sub16 title I of the Solid Waste Disposal Act, as amended, 

17 $114,171,000, to remain available until expended, of which 

18 $78,671,000 shall be for carrying out leaking underground 

19 storage tank cleanup activities authorized by section 

20 9003(h) of the Solid Waste Disposal Act, as amended; 

21 $35,500,000 shall be for carrying out the other provisions 

22 of the Solid Waste Disposal Act specified in section 9508(c) 

23 of the Internal Revenue Code, as amended: Provided, That 

24 the Administrator is authorized to use appropriations made 

25 available under this heading to implement section 9013 of 
185 

•HR 2996 RS

1 the Solid Waste Disposal Act to provide financial assistance 

2 to federally recognized Indian tribes for the development 

3 and implementation of programs to manage underground 

4 storage tanks. 

5 OIL SPILL RESPONSE

6 For expenses necessary to carry out the Environmental 

7 Protection Agency’s responsibilities under the Oil Pollution 

8 Act of 1990, $18,379,000, to be derived from the Oil Spill 

9 Liability trust fund, to remain available until expended. 

10 STATE AND TRIBAL ASSISTANCE GRANTS

11 For environmental programs and infrastructure as12 sistance, including capitalization grants for State revolving 

13 funds and performance partnership grants, $4,954,274,000, 

14 to remain available until expended, of which 

15 $2,100,000,000 shall be for making capitalization grants for 

16 the Clean Water State Revolving Funds under title VI of 

17 the Federal Water Pollution Control Act, as amended (the 

18 ‘‘Act’’); of which $1,387,000,000 shall be for capitalization 

19 grants for the Drinking Water State Revolving Funds under 

20 section 1452 of the Safe Drinking Water Act, as amended: 

21 Provided, That, for fiscal year 2010, to the extent that there 

22 are sufficient applications, not less than 20 percent of the 

23 funds made available for the Clean Water State Revolving 

24 Fund or Drinking Water State Revolving Fund capitaliza25 tion grants shall be for projects to address green infrastruc-
186 

•HR 2996 RS

1 ture, water or energy efficiency improvements, or other en2 vironmentally innovative activities; $10,000,000 shall be for 

3 architectural, engineering, planning, design, construction 

4 and related activities in connection with the construction 

5 of high priority water and wastewater facilities in the area 

6 of the United States-Mexico Border, after consultation with 

7 the appropriate border commission; $15,000,000 shall be for 

8 grants to the State of Alaska to address drinking water and 

9 wastewater infrastructure needs of rural and Alaska Native 

10 Villages: Provided further, That, of these funds: (1) the State 

11 of Alaska shall provide a match of 25 percent; (2) no more 

12 than 5 percent of the funds may be used for administrative 

13 and overhead expenses; and (3) the State of Alaska shall 

14 make awards consistent with the State-wide priority list 

15 established in conjunction with the Agency and the U.S. 

16 Department of Agriculture for all water, sewer, waste dis17 posal, and similar projects carried out by the State of Alas18 ka that are funded under section 221 of the Federal Water 

19 Pollution Control Act (33 U.S.C. 1301) or the Consolidated 

20 Farm and Rural Development Act (7 U.S.C. 1921 et seq.) 

21 which shall allocate not less than 25 percent of the funds 

22 provided for projects in regional hub communities; 

23 $150,000,000 shall be for making special project grants for 

24 the construction of drinking water, wastewater and storm 

25 water infrastructure and for water quality protection in ac-
187 

•HR 2996 RS

1 cordance with the terms and conditions specified for such 

2 grants in the committee report accompanying this Act, and, 

3 for purposes of these grants, each grantee shall contribute 

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

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

6 $101,000,000 shall be to carry out section 104(k) of the 

7 Comprehensive Environmental Response, Compensation, 

8 and Liability Act of 1980 (CERCLA), as amended, includ9 ing grants, interagency agreements, and associated pro10 gram support costs; $60,000,000 shall be for grants under 

11 title VII, subtitle G of the Energy Policy Act of 2005, as 

12 amended; $20,000,000 shall be for targeted airshed grants 

13 in accordance with the terms and conditions of the com14 mittee report accompanying this Act; and $1,111,274,000 

15 shall be for grants, including associated program support 

16 costs, to States, federally recognized tribes, interstate agen17 cies, tribal consortia, and air pollution control agencies for 

18 multi-media or single media pollution prevention, control 

19 and abatement and related activities, including activities 

20 pursuant to the provisions set forth under this heading in 

21 Public Law 104–134, and for making grants under section 

22 103 of the Clean Air Act for particulate matter monitoring 

23 and data collection activities subject to terms and condi24 tions specified by the Administrator, of which $49,495,000 

25 shall be for carrying out section 128 of CERCLA, as amend-
188 

•HR 2996 RS

1 ed, $10,000,000 shall be for Environmental Information 

2 Exchange Network grants, including associated program 

3 support costs, $18,500,000 of the funds available for grants 

4 under section 106 of the Act shall be for water quality moni5 toring activities, and, in addition to funds appropriated 

6 under the heading ‘‘Leaking Underground Storage Tank 

7 Trust Fund Program’’ to carry out the provisions of the 

8 Solid Waste Disposal Act specified in section 9508(c) of the 

9 Internal Revenue Code other than section 9003(h) of the 

10 Solid Waste Disposal Act, as amended, $2,500,000 shall be 

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

12 Waste Disposal Act, as amended: Provided further, That 

13 notwithstanding section 603(d)(7) of the Federal Water Pol14 lution Control Act, the limitation on the amounts in a State 

15 water pollution control revolving fund that may be used by 

16 a State to administer the fund shall not apply to amounts 

17 included as principal in loans made by such fund in fiscal 

18 year 2010 and prior years where such amounts represent 

19 costs of administering the fund to the extent that such 

20 amounts are or were deemed reasonable by the Adminis21 trator, accounted for separately from other assets in the 

22 fund, and used for eligible purposes of the fund, including 

23 administration: Provided further, That for fiscal year 2010, 

24 and notwithstanding section 518(f) of the Act, the Adminis25 trator is authorized to use the amounts appropriated for 
189 

•HR 2996 RS

1 any fiscal year under section 319 of that Act to make grants 

2 to federally recognized Indian tribes pursuant to sections 

3 319(h) and 518(e) of that Act: Provided further, That, for 

4 fiscal year 2010, notwithstanding the limitation on 

5 amounts in section 518(c) of the Federal Water Pollution 

6 Control Act and section 1452(i) of the Safe Drinking Water 

7 Act, up to a total of 2 percent of the funds appropriated 

8 for the Clean Water State Revolving Funds and Drinking 

9 Water State Revolving Funds may be reserved by the Ad10 ministrator for grants to Tribes: Provided further, That, for 

11 fiscal year 2010, notwithstanding any other provision of 

12 law, up to a total of 1.5 percent of the funds provided for 

13 the Clean Water State Revolving Funds and Drinking 

14 Water State Revolving Funds may be reserved by the Ad15 ministrator for grants to territories of the United States: 

16 Provided further, That no funds provided by this appro17 priations Act to address the water, wastewater and other 

18 critical infrastructure needs of the colonias in the United 

19 States along the United States-Mexico border shall be made 

20 available to a county or municipal government unless that 

21 government has established an enforceable local ordinance, 

22 or other zoning rule, which prevents in that jurisdiction the 

23 development or construction of any additional colonia 

24 areas, or the development within an existing colonia the 

25 construction of any new home, business, or other structure 
190 

•HR 2996 RS

1 which lacks water, wastewater, or other necessary infra2 structure: Provided further, That notwithstanding the joint 

3 explanatory statement of the Committee on Appropriations 

4 of the House of Representatives accompanying Public Law 

5 111–8, the $300,000 made available to the Village of Crest6 wood for water storage improvements (as described in the 

7 table entitled ‘‘Congressionally Designated Spending’’ in 

8 section 430 of that joint explanatory statement) shall be 

9 made available to the City of Quincy, Illinois, for drinking 

10 water system improvements. 

11 ADMINISTRATIVE PROVISIONS, ENVIRONMENTAL

12 PROTECTION AGENCY

13 (INCLUDING RESCISSION OF FUNDS)

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

15 6303(1) and 6305(1), the Administrator of the Environ16 mental Protection Agency, in carrying out the Agency’s 

17 function to implement directly Federal environmental pro18 grams required or authorized by law in the absence of an 

19 acceptable tribal program, may award cooperative agree20 ments to federally recognized Indian Tribes or Intertribal 

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

22 the Administrator in implementing Federal environmental 

23 programs for Indian Tribes required or authorized by law, 

24 except that no such cooperative agreements may be awarded 
191 

•HR 2996 RS

1 from funds designated for State financial assistance agree2 ments. 

3 The Administrator of the Environmental Protection 

4 Agency is authorized to collect and obligate pesticide reg5 istration service fees in accordance with section 33 of the 

6 Federal Insecticide, Fungicide, and Rodenticide Act, as 

7 amended by Public Law 110–94, the Pesticide Registration 

8 Improvement Renewal Act. 

9 The Administrator is authorized to transfer up to 50 

10 percent of the funds appropriated for the Great Lakes Ini11 tiative under the heading ‘‘Environmental Programs and 

12 Management’’ to the head of any Federal department or 

13 agency, with the concurrence of such head, to carry out ac14 tivities that would support the Great Lakes Restoration Ini15 tiative and Great Lakes Water Quality Agreement pro16 grams, projects, or activities; to enter into an interagency 

17 agreement with the head of such Federal department or 

18 agency to carry out these activities; and to make grants 

19 to governmental entities, nonprofit organizations, institu20 tions, and individuals for planning, research, monitoring, 

21 outreach, and implementation in furtherance of the Great 

22 Lakes Restoration Initiative and the Great Lakes Water 

23 Quality Agreement. 

24 From unobligated balances to carry out projects and 

25 activities funded through the State and Tribal Assistance 
192 

•HR 2996 RS

1 Grants Account, $40,000,000 are permanently rescinded: 

2 Provided, That no amounts may be rescinded from amounts 

3 that were designated by Congress as an emergency require4 ment pursuant to the Concurrent Resolution on the Budget 

5 or the Balanced Budget and Emergency Deficit Control Act 

6 of 1985, as amended. 

7 TITLE III 

8 RELATED AGENCIES 

9 DEPARTMENT OF AGRICULTURE 

10 FOREST SERVICE

11 FOREST AND RANGELAND RESEARCH

12 For necessary expenses of forest and rangeland re13 search as authorized by law, $307,012,000, to remain avail14 able until expended: Provided, That of the funds provided, 

15 $66,939,000 is for the forest inventory and analysis pro16 gram. 

17 STATE AND PRIVATE FORESTRY

18 For necessary expenses of cooperating with and pro19 viding technical and financial assistance to States, terri20 tories, possessions, and others, and for forest health manage21 ment, including treatments of pests, pathogens, and 

22 invasive or noxious plants and for restoring and rehabili23 tating forests damaged by pests or invasive plants, coopera24 tive forestry, and education and land conservation activi25 ties and conducting an international program as author-
193 

•HR 2996 RS

1 ized, $276,946,000, to remain available until expended, as 

2 authorized by law; and of which $55,145,000 is to be de3 rived from the Land and Water Conservation Fund. 

4 NATIONAL FOREST SYSTEM

5 (INCLUDING TRANSFERS OF FUNDS)

6 For necessary expenses of the Forest Service, not other7 wise provided for, for management, protection, improve8 ment, and utilization of the National Forest System, 

9 $1,556,329,000, to remain available until expended, which 

10 shall include 50 percent of all moneys received during prior 

11 fiscal years as fees collected under the Land and Water Con12 servation Fund Act of 1965, as amended, in accordance 

13 with section 4 of the Act (16 U.S.C. 460l–6a(i)): Provided, 

14 That, through fiscal year 2014, the Secretary of Agriculture 

15 may authorize the expenditure or transfer of such sums as 

16 are necessary to the Secretary of the Interior for removal, 

17 preparation and adoption of excess wild horses and burros 

18 from National Forest System lands and for the performance 

19 of cadastral surveys to designate the boundaries of such 

20 lands. 

21 CAPITAL IMPROVEMENT AND MAINTENANCE

22 (INCLUDING TRANSFER OF FUNDS)

23 For necessary expenses of the Forest Service, not other24 wise provided for, $513,418,000, to remain available until 

25 expended, for construction, capital improvement, mainte-
194 

•HR 2996 RS

1 nance and acquisition of buildings and other facilities and 

2 infrastructure; and for construction, capital improvement, 

3 decommissioning, and maintenance of forest roads and 

4 trails by the Forest Service as authorized by 16 U.S.C. 532– 

5 538 and 23 U.S.C. 101 and 205: Provided, That 

6 $50,000,000 shall be designated for urgently needed road 

7 decommissioning, road and trail repair and maintenance 

8 and associated activities, and removal of fish passage bar9 riers, especially in areas where Forest Service roads may 

10 be contributing to water quality problems in streams and 

11 water bodies which support threatened, endangered or sen12 sitive species or community water sources: Provided further, 

13 That up to $40,000,000 of the funds provided herein for 

14 road maintenance shall be available for the decommis15 sioning of roads, including unauthorized roads not part of 

16 the transportation system, which are no longer needed: Pro17 vided further, That no funds shall be expended to decommis18 sion any system road until notice and an opportunity for 

19 public comment has been provided on each decommissioning 

20 project: Provided further, That the decommissioning of un21 authorized roads not part of the official transportation sys22 tem shall be expedited in response to threats to public safety, 

23 water quality, or natural resources: Provided further, That 

24 funds becoming available in fiscal year 2010 under the Act 

25 of March 4, 1913 (16 U.S.C. 501) shall be transferred to 
195 

•HR 2996 RS

1 the General Fund of the Treasury and shall not be available 

2 for transfer or obligation for any other purpose unless the 

3 funds are appropriated. 

4 LAND ACQUISITION

5 For expenses necessary to carry out the provisions of 

6 the Land and Water Conservation Fund Act of 1965, as 

7 amended (16 U.S.C. 460l–4 through 11), including admin8 istrative expenses, and for acquisition of land or waters, 

9 or interest therein, in accordance with statutory authority 

10 applicable to the Forest Service, $67,784,000, to be derived 

11 from the Land and Water Conservation Fund and to re12 main available until expended. 

13 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

14 ACTS

15 For acquisition of lands within the exterior boundaries 

16 of the Cache, Uinta, and Wasatch National Forests, Utah; 

17 the Toiyabe National Forest, Nevada; and the Angeles, San 

18 Bernardino, Sequoia, and Cleveland National Forests, Cali19 fornia, as authorized by law, $1,050,000, to be derived from 

20 forest receipts. 

21 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

22 For acquisition of lands, such sums, to be derived from 

23 funds deposited by State, county, or municipal govern24 ments, public school districts, or other public school authori25 ties, and for authorized expenditures from funds deposited 
196 

•HR 2996 RS

1 by non-Federal parties pursuant to Land Sale and Ex2 change Acts, pursuant to the Act of December 4, 1967, as 

3 amended (16 U.S.C. 484a), to remain available until ex4 pended. (16 U.S.C. 4601–516–617a, 555a; Public Law 96– 

5 586; Public Law 76–589, 76–591; and 78–310). 

6 RANGE BETTERMENT FUND

7 For necessary expenses of range rehabilitation, protec8 tion, and improvement, 50 percent of all moneys received 

9 during the prior fiscal year, as fees for grazing domestic 

10 livestock on lands in National Forests in the 16 Western 

11 States, pursuant to section 401(b)(1) of Public Law 94– 

12 579, as amended, to remain available until expended, of 

13 which not to exceed 6 percent shall be available for adminis14 trative expenses associated with on-the-ground range reha15 bilitation, protection, and improvements. 

16 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

17 RANGELAND RESEARCH

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

19 $50,000, to remain available until expended, to be derived 

20 from the fund established pursuant to the above Act. 

21 MANAGEMENT OF NATIONAL FOREST LANDS FOR

22 SUBSISTENCE USES

23 For necessary expenses of the Forest Service to manage 

24 Federal lands in Alaska for subsistence uses under title VIII 

25 of the Alaska National Interest Lands Conservation Act 
197 

•HR 2996 RS

1 (Public Law 96–487), $2,582,000, to remain available until 

2 expended. 

3 WILDLAND FIRE MANAGEMENT

4 (INCLUDING TRANSFERS OF FUNDS)

5 For necessary expenses for forest fire presuppression 

6 activities on National Forest System lands, for emergency 

7 fire suppression on or adjacent to such lands or other lands 

8 under fire protection agreement, hazardous fuels reduction 

9 on or adjacent to such lands, and for emergency rehabilita10 tion of burned-over National Forest System lands and 

11 water, $2,586,637,000, to remain available until expended: 

12 Provided, That such funds including unobligated balances 

13 under this heading, are available for repayment of advances 

14 from other appropriations accounts previously transferred 

15 for such purposes: Provided further, That such funds shall 

16 be available to reimburse State and other cooperating enti17 ties for services provided in response to wildfire and other 

18 emergencies or disasters to the extent such reimbursements 

19 by the Forest Service for non-fire emergencies are fully re20 paid by the responsible emergency management agency: 

21 Provided further, That, notwithstanding any other provi22 sion of law, $8,000,000 of funds appropriated under this 

23 appropriation shall be used for Fire Science Research in 

24 support of the Joint Fire Science Program: Provided fur25 ther, That all authorities for the use of funds, including the 
198 

•HR 2996 RS

1 use of contracts, grants, and cooperative agreements, avail2 able to execute the Forest and Rangeland Research appro3 priation, are also available in the utilization of these funds 

4 for Fire Science Research: Provided further, That funds 

5 provided shall be available for emergency rehabilitation and 

6 restoration, hazardous fuels reduction activities in the 

7 urban-wildland interface, support to Federal emergency re8 sponse, and wildfire suppression activities of the Forest 

9 Service: Provided further, That of the funds provided, 

10 $350,285,000 is for hazardous fuels reduction activities, 

11 $11,500,000 is for rehabilitation and restoration, 

12 $23,917,000 is for research activities and to make competi13 tive research grants pursuant to the Forest and Rangeland 

14 Renewable Resources Research Act, as amended (16 U.S.C. 

15 1641 et seq.), $56,250,000 is for State fire assistance, 

16 $9,000,000 is for volunteer fire assistance, $17,252,000 is 

17 for forest health activities on Federal lands and $9,928,000 

18 is for forest health activities on State and private lands: 

19 Provided further, That amounts in this paragraph may be 

20 transferred to the ‘‘State and Private Forestry’’, ‘‘National 

21 Forest System’’, and ‘‘Forest and Rangeland Research’’ ac22 counts to fund State fire assistance, volunteer fire assist23 ance, forest health management, forest and rangeland re24 search, the Joint Fire Science Program, vegetation and wa25 tershed management, heritage site rehabilitation, and wild-
199 

•HR 2996 RS

1 life and fish habitat management and restoration: Provided 

2 further, That up to $15,000,000 of the funds provided under 

3 this heading for hazardous fuels treatments may be trans4 ferred to and made a part of the ‘‘National Forest System’’ 

5 account at the sole discretion of the Chief of the Forest Serv6 ice 30 days after notifying the House and the Senate Com7 mittees on Appropriations: Provided further, That the costs 

8 of implementing any cooperative agreement between the 

9 Federal Government and any non-Federal entity may be 

10 shared, as mutually agreed on by the affected parties: Pro11 vided further, That in addition to funds provided for State 

12 Fire Assistance programs, and subject to all authorities 

13 available to the Forest Service under the State and Private 

14 Forestry Appropriation, up to $15,000,000 may be used on 

15 adjacent non-Federal lands for the purpose of protecting 

16 communities when hazard reduction activities are planned 

17 on national forest lands that have the potential to place 

18 such communities at risk: Provided further, That funds 

19 made available to implement the Community Forest Res20 toration Act, Public Law 106–393, title VI, shall be avail21 able for use on non-Federal lands in accordance with au22 thorities available to the Forest Service under the State and 

23 Private Forestry Appropriation: Provided further, That the 

24 Secretary of the Interior and the Secretary of Agriculture 

25 may authorize the transfer of funds appropriated for 
200 

•HR 2996 RS

1 wildland fire management, in an aggregate amount not to 

2 exceed $10,000,000, between the Departments when such 

3 transfers would facilitate and expedite jointly funded 

4 wildland fire management programs and projects: Provided 

5 further, That of the funds provided for hazardous fuels re6 duction, not to exceed $10,000,000, may be used to make 

7 grants, using any authorities available to the Forest Service 

8 under the State and Private Forestry appropriation, for the 

9 purpose of creating incentives for increased use of biomass 

10 from national forest lands: Provided further, That funds 

11 designated for wildfire suppression shall be assessed for cost 

12 pools on the same basis as such assessments are calculated 

13 against other agency programs. 

14 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

15 (INCLUDING TRANSFERS OF FUNDS)

16 Appropriations to the Forest Service for the current 

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

18 motor vehicles; acquisition of passenger motor vehicles from 

19 excess sources, and hire of such vehicles; purchase, lease, op20 eration, maintenance, and acquisition of aircraft from ex21 cess sources to maintain the operable fleet for use in Forest 

22 Service wildland fire programs and other Forest Service 

23 programs; notwithstanding other provisions of law, existing 

24 aircraft being replaced may be sold, with proceeds derived 

25 or trade-in value used to offset the purchase price for the 
201 

•HR 2996 RS

1 replacement aircraft; (2) services pursuant to 7 U.S.C. 

2 2225, and not to exceed $100,000 for employment under 5 

3 U.S.C. 3109; (3) purchase, erection, and alteration of build4 ings and other public improvements (7 U.S.C. 2250); (4) 

5 acquisition of land, waters, and interests therein pursuant 

6 to 7 U.S.C. 428a; (5) for expenses pursuant to the Volun7 teers in the National Forest Act of 1972 (16 U.S.C. 558a, 

8 558d, and 558a note); (6) the cost of uniforms as authorized 

9 by 5 U.S.C. 5901–5902; and (7) for debt collection contracts 

10 in accordance with 31 U.S.C. 3718(c). 

11 Any appropriations or funds available to the Forest 

12 Service may be transferred to the Wildland Fire Manage13 ment appropriation for wildland firefighting, emergency re14 habilitation of burned-over or damaged lands or waters 

15 under its jurisdiction, and fire preparedness due to severe 

16 burning conditions upon notification of the Committees on 

17 Appropriations for the House of Representatives and Senate 

18 if the Secretary of Agriculture determines that all emer19 gency fire suppression funds appropriated under the head20 ing ‘‘Wildland Fire Management’’ will be fully obligated 

21 within 30 days. 

22 Funds appropriated to the Forest Service shall be 

23 available for assistance to or through the Agency for Inter24 national Development in connection with forest and range25 land research, technical information, and assistance in for-
202 

•HR 2996 RS

1 eign countries, and shall be available to support forestry 

2 and related natural resource activities outside the United 

3 States and its territories and possessions, including tech4 nical assistance, education and training, and cooperation 

5 with United States and international organizations. 

6 None of the funds made available to the Forest Service 

7 in this Act or any other Act with respect to any fiscal year 

8 shall be subject to transfer under the provisions of section 

9 702(b) of the Department of Agriculture Organic Act of 

10 1944 (7 U.S.C. 2257), section 442 of Public Law 106–224 

11 (7 U.S.C. 7772), or section 10417(b) of Public Law 107– 

12 107 (7 U.S.C. 8316(b)). 

13 None of the funds available to the Forest Service may 

14 be reprogrammed without the advance approval of the 

15 House and Senate Committees on Appropriations in ac16 cordance with the reprogramming procedures contained in 

17 title IV of this Act. 

18 Not more than $88,785,000 of funds available to the 

19 Forest Service shall be transferred to the Working Capital 

20 Fund of the Department of Agriculture and not more than 

21 $19,400,000 of funds available to the Forest Service shall 

22 be transferred to the Department of Agriculture for Depart23 ment Reimbursable Programs, commonly referred to as 

24 Greenbook charges. Nothing in this paragraph shall pro25 hibit or limit the use of reimbursable agreements requested 
203 

•HR 2996 RS

1 by the Forest Service in order to obtain services from the 

2 Department of Agriculture’s National Information Tech3 nology Center. 

4 Funds available to the Forest Service shall be available 

5 to conduct a program of up to $5,000,000 for priority 

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

7 $2,500,000 shall be carried out by the Youth Conservation 

8 Corps and $2,500,000 shall be carried out under the author9 ity of the Public Lands Corps Healthy Forests Restoration 

10 Act of 2005, Public Law 109–154. 

11 Of the funds available to the Forest Service, $4,000 is 

12 available to the Chief of the Forest Service for official recep13 tion and representation expenses. 

14 Pursuant to sections 405(b) and 410(b) of Public Law 

15 101–593, of the funds available to the Forest Service, up 

16 to $2,000,000 may be advanced in a lump sum to the Na17 tional Forest Foundation to aid conservation partnership 

18 projects in support of the Forest Service mission, without 

19 regard to when the Foundation incurs expenses, for admin20 istrative expenses or projects on or benefitting National 

21 Forest System lands or related to Forest Service programs: 

22 Provided, That, of the Federal funds made available to the 

23 Foundation, no more than $200,000 shall be available for 

24 administrative expenses: Provided further, That the Foun25 dation shall obtain, by the end of the period of Federal fi-
204 

•HR 2996 RS

1 nancial assistance, private contributions to match on at 

2 least one-for-one basis funds made available by the Forest 

3 Service: Provided further, That the Foundation may trans4 fer Federal funds to Federal or a non-Federal recipient for 

5 a project at the same rate that the recipient has obtained 

6 the non-Federal matching funds: Provided further, That au7 thorized investments of Federal funds held by the Founda8 tion may be made only in interest-bearing obligations of 

9 the United States or in obligations guaranteed as to both 

10 principal and interest by the United States. 

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

12 $2,650,000 of the funds available to the Forest Service shall 

13 be advanced to the National Fish and Wildlife Foundation 

14 in a lump sum to aid cost-share conservation projects, with15 out regard to when expenses are incurred, on or benefitting 

16 National Forest System lands or related to Forest Service 

17 programs: Provided, That such funds shall be matched on 

18 at least a one-for-one basis by the Foundation or its sub19 recipients: Provided further, That the Foundation may 

20 transfer Federal funds to a Federal or non-Federal recipient 

21 for a project at the same rate that the recipient has obtained 

22 the non-Federal matching funds. 

23 Funds appropriated to the Forest Service shall be 

24 available for interactions with and providing technical as-
205 

•HR 2996 RS

1 sistance to rural communities and natural resource-based 

2 businesses for sustainable rural development purposes. 

3 Funds appropriated to the Forest Service shall be 

4 available for payments to counties within the Columbia 

5 River Gorge National Scenic Area, pursuant to section 

6 14(c)(1) and (2), and section 16(a)(2) of Public Law 99– 

7 663. 

8 An eligible individual who is employed in any project 

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

10 (42 U.S.C. 3056 et seq.) and administered by the Forest 

11 Service shall be considered to be a Federal employee for pur12 poses of chapter 171 of title 28, United States Code. 

13 Any funds appropriated to the Forest Service may be 

14 used to meet the non-Federal share requirement in section 

15 502(c) of the Older American Act of 1965 (42 U.S.C. 

16 3056(c)(2)). 

17 Funds available to the Forest Service, not to exceed 

18 $55,000,000, shall be assessed for the purpose of performing 

19 fire, administrative and other facilities maintenance. Such 

20 assessments shall occur using a square foot rate charged on 

21 the same basis the agency uses to assess programs for pay22 ment of rent, utilities, and other support services. 

23 Notwithstanding any other provision of law, any ap24 propriations or funds available to the Forest Service not 

25 to exceed $500,000 may be used to reimburse the Office of 
206 

•HR 2996 RS

1 the General Counsel (OGC), Department of Agriculture, for 

2 travel and related expenses incurred as a result of OGC as3 sistance or participation requested by the Forest Service at 

4 meetings, training sessions, management reviews, land pur5 chase negotiations and similar non-litigation related mat6 ters. Future budget justifications for both the Forest Service 

7 and the Department of Agriculture should clearly display 

8 the sums previously transferred and the requested funding 

9 transfers. 

10 Funds provided to the Forest Service in this Act may 

11 be used for the purpose of expenses associated with primary 

12 and secondary schooling for the 2009–2010 school year of 

13 dependents of agency personnel stationed in Puerto Rico, 

14 at a cost not in excess of those authorized by the Department 

15 of Defense for that same area, when it is determined by 

16 the Chief of the Forest Service that public schools available 

17 in the locality are unable to provide adequately for the edu18 cation of such dependents. 

19 DEPARTMENT OF HEALTH AND HUMAN 

20 SERVICES 

21 INDIAN HEALTH SERVICE

22 INDIAN HEALTH SERVICES

23 For expenses necessary to carry out the Act of August 

24 5, 1954 (68 Stat. 674), the Indian Self-Determination Act, 

25 the Indian Health Care Improvement Act, and titles II and 
207 

•HR 2996 RS

1 III of the Public Health Service Act with respect to the In2 dian Health Service, $3,639,868,000, together with pay3 ments received during the fiscal year pursuant to 42 U.S.C. 

4 238(b) and 238b for services furnished by the Indian Health 

5 Service: Provided, That funds made available to tribes and 

6 tribal organizations through contracts, grant agreements, or 

7 any other agreements or compacts authorized by the Indian 

8 Self-Determination and Education Assistance Act of 1975 

9 (25 U.S.C. 450), shall be deemed to be obligated at the time 

10 of the grant or contract award and thereafter shall remain 

11 available to the tribe or tribal organization without fiscal 

12 year limitation: Provided further, That $779,347,000 for 

13 contract medical care, including $48,000,000 for the Indian 

14 Catastrophic Health Emergency Fund, shall remain avail15 able until expended: Provided further, That $18,251,000 is 

16 provided for Headquarters operations and information 

17 technology activities and, notwithstanding any other provi18 sion of law, the amount available under this proviso shall 

19 be allocated at the discretion of the Director of the Indian 

20 Health Service: Provided further, That of the funds pro21 vided, up to $32,000,000 shall remain available until ex22 pended for implementation of the loan repayment program 

23 under section 108 of the Indian Health Care Improvement 

24 Act: Provided further, That $16,391,000 is provided for the 

25 methamphetamine and suicide prevention and treatment 
208 

•HR 2996 RS

1 initiative and $7,500,000 is provided for the domestic vio2 lence prevention initiative and, notwithstanding any other 

3 provision of law, the amounts available under this proviso 

4 shall be allocated at the discretion of the Director of the 

5 Indian Health Service and shall remain available until ex6 pended: Provided further, That funds provided in this Act 

7 may be used for annual contracts and grants that fall with8 in two fiscal years, provided the total obligation is recorded 

9 in the year the funds are appropriated: Provided further, 

10 That the amounts collected by the Secretary of Health and 

11 Human Services under the authority of title IV of the In12 dian Health Care Improvement Act shall remain available 

13 until expended for the purpose of achieving compliance with 

14 the applicable conditions and requirements of titles XVIII 

15 and XIX of the Social Security Act, except for those related 

16 to the planning, design, or construction of new facilities: 

17 Provided further, That funding contained herein for schol18 arship programs under the Indian Health Care Improve19 ment Act (25 U.S.C. 1613) shall remain available until ex20 pended: Provided further, That amounts received by tribes 

21 and tribal organizations under title IV of the Indian Health 

22 Care Improvement Act shall be reported and accounted for 

23 and available to the receiving tribes and tribal organiza24 tions until expended: Provided further, That, notwith25 standing any other provision of law, of the amounts pro-
209 

•HR 2996 RS

1 vided herein, not to exceed $389,490,000 shall be for pay2 ments to tribes and tribal organizations for contract or 

3 grant support costs associated with contracts, grants, self4 governance compacts, or annual funding agreements be5 tween the Indian Health Service and a tribe or tribal orga6 nization pursuant to the Indian Self-Determination Act of 

7 1975, as amended, prior to or during fiscal year 2010, of 

8 which not to exceed $5,000,000 may be used for contract 

9 support costs associated with new or expanded self-deter10 mination contracts, grants, self-governance compacts, or 

11 annual funding agreements: Provided further, That the Bu12 reau of Indian Affairs may collect from the Indian Health 

13 Service, tribes and tribal organizations operating health fa14 cilities pursuant to Public Law 93–638, such individually 

15 identifiable health information relating to disabled children 

16 as may be necessary for the purpose of carrying out its 

17 functions under the Individuals with Disabilities Edu18 cation Act (20 U.S.C. 1400, et seq.): Provided further, That 

19 the Indian Health Care Improvement Fund may be used, 

20 as needed, to carry out activities typically funded under 

21 the Indian Health Facilities account. 

22 INDIAN HEALTH FACILITIES

23 For construction, repair, maintenance, improvement, 

24 and equipment of health and related auxiliary facilities, in25 cluding quarters for personnel; preparation of plans, speci-
210 

•HR 2996 RS

1 fications, and drawings; acquisition of sites, purchase and 

2 erection of modular buildings, and purchases of trailers; 

3 and for provision of domestic and community sanitation 

4 facilities for Indians, as authorized by section 7 of the Act 

5 of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Deter6 mination Act, and the Indian Health Care Improvement 

7 Act, and for expenses necessary to carry out such Acts and 

8 titles II and III of the Public Health Service Act with re9 spect to environmental health and facilities support activi10 ties of the Indian Health Service, $394,757,000, to remain 

11 available until expended: Provided, That notwithstanding 

12 any other provision of law, funds appropriated for the plan13 ning, design, construction, renovation or expansion of 

14 health facilities for the benefit of an Indian tribe or tribes 

15 may be used to purchase land on which such facilities will 

16 be located: Provided further, That not to exceed $500,000 

17 shall be used by the Indian Health Service to purchase 

18 TRANSAM equipment from the Department of Defense for 

19 distribution to the Indian Health Service and tribal facili20 ties: Provided further, That none of the funds appropriated 

21 to the Indian Health Service may be used for sanitation 

22 facilities construction for new homes funded with grants by 

23 the housing programs of the United States Department of 

24 Housing and Urban Development: Provided further, That 

25 not to exceed $2,700,000 from this account and the ‘‘Indian 
211 

•HR 2996 RS

1 Health Services’’ account shall be used by the Indian Health 

2 Service to obtain ambulances for the Indian Health Service 

3 and tribal facilities in conjunction with an existing inter4 agency agreement between the Indian Health Service and 

5 the General Services Administration: Provided further, 

6 That not to exceed $500,000 shall be placed in a Demolition 

7 Fund, to remain available until expended, and be used by 

8 the Indian Health Service for the demolition of Federal 

9 buildings. 

10 ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

11 Appropriations provided in this Act to the Indian 

12 Health Service shall be available for services as authorized 

13 by 5 U.S.C. 3109 at rates not to exceed the per diem rate 

14 equivalent to the maximum rate payable for senior-level po15 sitions under 5 U.S.C. 5376; hire of passenger motor vehi16 cles and aircraft; purchase of medical equipment; purchase 

17 of reprints; purchase, renovation and erection of modular 

18 buildings and renovation of existing facilities; payments for 

19 telephone service in private residences in the field, when au20 thorized under regulations approved by the Secretary; uni21 forms or allowances therefor as authorized by 5 U.S.C. 

22 5901–5902; and for expenses of attendance at meetings that 

23 relate to the functions or activities of the Indian Health 

24 Service. 
212 

•HR 2996 RS

1 In accordance with the provisions of the Indian Health 

2 Care Improvement Act, non-Indian patients may be ex3 tended health care at all tribally administered or Indian 

4 Health Service facilities, subject to charges, and the pro5 ceeds along with funds recovered under the Federal Medical 

6 Care Recovery Act (42 U.S.C. 2651–2653) shall be credited 

7 to the account of the facility providing the service and shall 

8 be available without fiscal year limitation. Notwith9 standing any other law or regulation, funds transferred 

10 from the Department of Housing and Urban Development 

11 to the Indian Health Service shall be administered under 

12 Public Law 86–121, the Indian Sanitation Facilities Act 

13 and Public Law 93–638, as amended. 

14 Funds appropriated to the Indian Health Service in 

15 this Act, except those used for administrative and program 

16 direction purposes, shall not be subject to limitations di17 rected at curtailing Federal travel and transportation. 

18 None of the funds made available to the Indian Health 

19 Service in this Act shall be used for any assessments or 

20 charges by the Department of Health and Human Services 

21 unless identified in the budget justification and provided 

22 in this Act, or approved by the House and Senate Commit23 tees on Appropriations through the reprogramming process. 

24 Notwithstanding any other provision of law, funds 

25 previously or herein made available to a tribe or tribal or-
213 

•HR 2996 RS

1 ganization through a contract, grant, or agreement author2 ized by title I or title V of the Indian Self-Determination 

3 and Education Assistance Act of 1975 (25 U.S.C. 450), may 

4 be deobligated and reobligated to a self-determination con5 tract under title I, or a self-governance agreement under 

6 title V of such Act and thereafter shall remain available 

7 to the tribe or tribal organization without fiscal year limi8 tation. 

9 None of the funds made available to the Indian Health 

10 Service in this Act shall be used to implement the final rule 

11 published in the Federal Register on September 16, 1987, 

12 by the Department of Health and Human Services, relating 

13 to the eligibility for the health care services of the Indian 

14 Health Service until the Indian Health Service has sub15 mitted a budget request reflecting the increased costs associ16 ated with the proposed final rule, and such request has been 

17 included in an appropriations Act and enacted into law. 

18 With respect to functions transferred by the Indian 

19 Health Service to tribes or tribal organizations, the Indian 

20 Health Service is authorized to provide goods and services 

21 to those entities on a reimbursable basis, including pay22 ments in advance with subsequent adjustment. The reim23 bursements received therefrom, along with the funds received 

24 from those entities pursuant to the Indian Self-Determina25 tion Act, may be credited to the same or subsequent appro-
214 

•HR 2996 RS

1 priation account from which the funds were originally de2 rived, with such amounts to remain available until ex3 pended. 

4 Reimbursements for training, technical assistance, or 

5 services provided by the Indian Health Service will contain 

6 total costs, including direct, administrative, and overhead 

7 associated with the provision of goods, services, or technical 

8 assistance. 

9 The appropriation structure for the Indian Health 

10 Service may not be altered without advance notification to 

11 the House and Senate Committees on Appropriations. 

12 NATIONAL INSTITUTES OF HEALTH

13 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

14 SCIENCES

15 For necessary expenses for the National Institute of 

16 Environmental Health Sciences in carrying out activities 

17 set forth in section 311(a) of the Comprehensive Environ18 mental Response, Compensation, and Liability Act of 1980, 

19 as amended, and section 126(g) of the Superfund Amend20 ments and Reauthorization Act of 1986, $79,212,000. 

21 AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

22 TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

23 For necessary expenses for the Agency for Toxic Sub24 stances and Disease Registry (ATSDR) in carrying out ac25 tivities set forth in sections 104(i) and 111(c)(4) of the 
215 

•HR 2996 RS

1 Comprehensive Environmental Response, Compensation, 

2 and Liability Act of 1980 (CERCLA), as amended; section 

3 118(f) of the Superfund Amendments and Reauthorization 

4 Act of 1986 (SARA), as amended; and section 3019 of the 

5 Solid Waste Disposal Act, as amended, $76,792,000, of 

6 which up to $1,000 to remain available until expended, is 

7 for Individual Learning Accounts for full-time equivalent 

8 employees of the Agency for Toxic Substances and Disease 

9 Registry: Provided, That notwithstanding any other provi10 sion of law, in lieu of performing a health assessment under 

11 section 104(i)(6) of CERCLA, the Administrator of ATSDR 

12 may conduct other appropriate health studies, evaluations, 

13 or activities, including, without limitation, biomedical test14 ing, clinical evaluations, medical monitoring, and referral 

15 to accredited health care providers: Provided further, That 

16 in performing any such health assessment or health study, 

17 evaluation, or activity, the Administrator of ATSDR shall 

18 not be bound by the deadlines in section 104(i)(6)(A) of 

19 CERCLA: Provided further, That none of the funds appro20 priated under this heading shall be available for ATSDR 

21 to issue in excess of 40 toxicological profiles pursuant to 

22 section 104(i) of CERCLA during fiscal year 2010, and ex23 isting profiles may be updated as necessary. 
216 

•HR 2996 RS

1 OTHER RELATED AGENCIES 

2 EXECUTIVE OFFICE OF THE PRESIDENT

3 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

4 ENVIRONMENTAL QUALITY

5 For necessary expenses to continue functions assigned 

6 to the Council on Environmental Quality and Office of En7 vironmental Quality pursuant to the National Environ8 mental Policy Act of 1969, the Environmental Quality Im9 provement Act of 1970, and Reorganization Plan No. 1 of 

10 1977, and not to exceed $750 for official reception and rep11 resentation expenses, $3,159,000: Provided, That notwith12 standing section 202 of the National Environmental Policy 

13 Act of 1970, the Council shall consist of one member, ap14 pointed by the President, by and with the advice and con15 sent of the Senate, serving as chairman and exercising all 

16 powers, functions, and duties of the Council. 

17 CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

18 SALARIES AND EXPENSES

19 (INCLUDING TRANSFER OF FUNDS)

20 For necessary expenses in carrying out activities pur21 suant to section 112(r)(6) of the Clean Air Act, as amended, 

22 including hire of passenger vehicles, uniforms or allowances 

23 therefor, as authorized by 5 U.S.C. 5901–5902, and for serv24 ices authorized by 5 U.S.C. 3109 but at rates for individ25 uals not to exceed the per diem equivalent to the maximum 
217 

•HR 2996 RS

1 rate payable for senior level positions under 5 U.S.C. 5376, 

2 $11,195,000. 

3 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

4 SALARIES AND EXPENSES

5 For necessary expenses of the Office of Navajo and 

6 Hopi Indian Relocation as authorized by Public Law 93– 

7 531, $8,000,000, to remain available until expended: Pro8 vided, That funds provided in this or any other appropria9 tions Act are to be used to relocate eligible individuals and 

10 groups including evictees from District 6, Hopi-partitioned 

11 lands residents, those in significantly substandard housing, 

12 and all others certified as eligible and not included in the 

13 preceding categories: Provided further, That none of the 

14 funds contained in this or any other Act may be used by 

15 the Office of Navajo and Hopi Indian Relocation to evict 

16 any single Navajo or Navajo family who, as of November 

17 30, 1985, was physically domiciled on the lands partitioned 

18 to the Hopi Tribe unless a new or replacement home is pro19 vided for such household: Provided further, That no 

20 relocatee will be provided with more than one new or re21 placement home: Provided further, That the Office shall re22 locate any certified eligible relocatees who have selected and 

23 received an approved homesite on the Navajo reservation 

24 or selected a replacement residence off the Navajo reserva-
218 

•HR 2996 RS

1 tion or on the land acquired pursuant to 25 U.S.C. 640d– 

2 10. 

3 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

4 CULTURE AND ARTS DEVELOPMENT

5 PAYMENT TO THE INSTITUTE

6 For payment to the Institute of American Indian and 

7 Alaska Native Culture and Arts Development, as authorized 

8 by title XV of Public Law 99–498, as amended (20 U.S.C. 

9 56 part A), $8,300,000. 

10 SMITHSONIAN INSTITUTION

11 SALARIES AND EXPENSES

12 For necessary expenses of the Smithsonian Institution, 

13 as authorized by law, including research in the fields of art, 

14 science, and history; development, preservation, and docu15 mentation of the National Collections; presentation of pub16 lic exhibits and performances; collection, preparation, dis17 semination, and exchange of information and publications; 

18 conduct of education, training, and museum assistance pro19 grams; maintenance, alteration, operation, lease agreements 

20 of no more than 30 years, and protection of buildings, fa21 cilities, and approaches; not to exceed $100,000 for services 

22 as authorized by 5 U.S.C. 3109; and purchase, rental, re23 pair, and cleaning of uniforms for employees, $634,161,000, 

24 of which not to exceed $19,117,000 for the instrumentation 

25 program, collections acquisition, exhibition reinstallation, 
219 

•HR 2996 RS

1 the National Museum of African American History and 

2 Culture, and the repatriation of skeletal remains program 

3 shall remain available until expended; of which $1,553,000 

4 for fellowships and scholarly awards shall remain available 

5 until September 30, 2011; and including such funds as may 

6 be necessary to support American overseas research centers: 

7 Provided, That funds appropriated herein are available for 

8 advance payments to independent contractors performing 

9 research services or participating in official Smithsonian 

10 presentations. 

11 FACILITIES CAPITAL

12 For necessary expenses of repair, revitalization, and 

13 alteration of facilities owned or occupied by the Smithso14 nian Institution, by contract or otherwise, as authorized by 

15 section 2 of the Act of August 22, 1949 (63 Stat. 623), and 

16 for construction, including necessary personnel, 

17 $125,000,000, to remain available until expended, of which 

18 not to exceed $10,000 is for services as authorized by 5 

19 U.S.C. 3109. 

20 LEGACY FUND

21 (INCLUDING RESCISSION OF FUNDS)

22 For the purpose of developing a public-private part23 nership to facilitate the reopening of the Arts and Industries 

24 Building of the Smithsonian Institution, $30,000,000, to re25 main available until expended, for repair, renovation and 
220 

•HR 2996 RS

1 revitalization of the building: Provided, That such funds 

2 shall be matched on a 1:1 basis by private donations: Pro3 vided further, That major in-kind donations that contribute 

4 significantly to the redesign and purpose of the reopened 

5 building be considered to qualify toward the total private 

6 match: Provided further, That privately contributed endow7 ments, which are designated for the care and renewal of 

8 permanent exhibitions installed in the Arts and Industries 

9 Building, be considered as qualifying toward the total pri10 vate match: Provided further, That this appropriation may 

11 be made available to the Smithsonian Institution incremen12 tally as private funding becomes available: Provided fur13 ther, That any other provision of law that adjusts the over14 all amount of the Federal appropriation for this account 

15 shall also apply to the privately contributed requirement: 

16 Provided further, That the unobligated balances provided 

17 under this heading in Public Law 110–161 and Public Law 

18 111–8 are hereby rescinded. 

19 NATIONAL GALLERY OF ART

20 SALARIES AND EXPENSES

21 For the upkeep and operations of the National Gallery 

22 of Art, the protection and care of the works of art therein, 

23 and administrative expenses incident thereto, as authorized 

24 by the Act of March 24, 1937 (50 Stat. 51), as amended 

25 by the public resolution of April 13, 1939 (Public Resolu-
221 

•HR 2996 RS

1 tion 9, Seventy-sixth Congress), including services as au2 thorized by 5 U.S.C. 3109; payment in advance when au3 thorized by the treasurer of the Gallery for membership in 

4 library, museum, and art associations or societies whose 

5 publications or services are available to members only, or 

6 to members at a price lower than to the general public; pur7 chase, repair, and cleaning of uniforms for guards, and uni8 forms, or allowances therefor, for other employees as author9 ized by law (5 U.S.C. 5901–5902); purchase or rental of 

10 devices and services for protecting buildings and contents 

11 thereof, and maintenance, alteration, improvement, and re12 pair of buildings, approaches, and grounds; and purchase 

13 of services for restoration and repair of works of art for 

14 the National Gallery of Art by contracts made, without ad15 vertising, with individuals, firms, or organizations at such 

16 rates or prices and under such terms and conditions as the 

17 Gallery may deem proper, $110,746,000, of which not to 

18 exceed $3,386,000 for the special exhibition program shall 

19 remain available until expended. 

20 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

21 For necessary expenses of repair, restoration and ren22 ovation of buildings, grounds and facilities owned or occu23 pied by the National Gallery of Art, by contract or other24 wise, as authorized, $54,499,000, to remain available until 

25 expended: Provided, That of this amount, up to $40,000,000 
222 

•HR 2996 RS

1 shall be available for repair of the National Gallery’s East 

2 Building fac ̧ade: Provided further, That notwithstanding 

3 any other provision of law, a single procurement for the 

4 foregoing Major Critical Project may be issued which in5 cludes the full scope of the project: Provided further, That 

6 the solicitation and contract shall contain the clause ‘‘avail7 ability of funds’’ found at 48 CFR 52.232.18: Provided fur8 ther, That contracts awarded for environmental systems, 

9 protection systems, and exterior repair or renovation of 

10 buildings of the National Gallery of Art may be negotiated 

11 with selected contractors and awarded on the basis of con12 tractor qualifications as well as price. 

13 JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

14 OPERATIONS AND MAINTENANCE

15 For necessary expenses for the operation, maintenance 

16 and security of the John F. Kennedy Center for the Per17 forming Arts, $22,500,000. 

18 CAPITAL REPAIR AND RESTORATION

19 For necessary expenses for capital repair and restora20 tion of the existing features of the building and site of the 

21 John F. Kennedy Center for the Performing Arts, 

22 $17,447,000, to remain available until expended. 
223 

•HR 2996 RS

1 WOODROW WILSON INTERNATIONAL CENTER FOR

2 SCHOLARS

3 SALARIES AND EXPENSES

4 For expenses necessary in carrying out the provisions 

5 of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 

6 1356) including hire of passenger vehicles and services as 

7 authorized by 5 U.S.C. 3109, $10,225,000. 

8 NATIONAL FOUNDATION ON THE ARTS AND THE

9 HUMANITIES

10 NATIONAL ENDOWMENT FOR THE ARTS

11 GRANTS AND ADMINISTRATION

12 For necessary expenses to carry out the National Foun13 dation on the Arts and the Humanities Act of 1965, as 

14 amended, $161,315,000 shall be available to the National 

15 Endowment for the Arts for the support of projects and pro16 ductions in the arts, including arts education and public 

17 outreach activities, through assistance to organizations and 

18 individuals pursuant to section 5 of the Act, for program 

19 support, and for administering the functions of the Act, to 

20 remain available until expended: Provided, That funds ap21 propriated herein shall be expended in accordance with sec22 tions 309 and 311 of Public Law 108–447. 
224 

•HR 2996 RS

1 NATIONAL ENDOWMENT FOR THE HUMANITIES

2 GRANTS AND ADMINISTRATION

3 For necessary expenses to carry out the National Foun4 dation on the Arts and the Humanities Act of 1965, as 

5 amended, $161,315,000, to remain available until ex6 pended, of which $147,015,000 shall be available for support 

7 of activities in the humanities, pursuant to section 7(c) of 

8 the Act and for administering the functions of the Act; and 

9 $14,300,000 shall be available to carry out the matching 

10 grants program pursuant to section 10(a)(2) of the Act in11 cluding $9,500,000 for the purposes of section 7(h): Pro12 vided, That appropriations for carrying out section 

13 10(a)(2) shall be available for obligation only in such 

14 amounts as may be equal to the total amounts of gifts, be15 quests, and devises of money, and other property accepted 

16 by the chairman or by grantees of the Endowment under 

17 the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) 

18 during the current and preceding fiscal years for which 

19 equal amounts have not previously been appropriated. 

20 ADMINISTRATIVE PROVISIONS

21 None of the funds appropriated to the National Foun22 dation on the Arts and the Humanities may be used to 

23 process any grant or contract documents which do not in24 clude the text of 18 U.S.C. 1913. 
225 

•HR 2996 RS

1 None of the funds appropriated to the National Foun2 dation on the Arts and the Humanities may be used for 

3 official reception and representation expenses: Provided, 

4 That funds from nonappropriated sources may be used as 

5 necessary for official reception and representation expenses. 

6 The Chairperson of the National Endowment for the 

7 Arts may approve grants of up to $10,000, if in the aggre8 gate this amount does not exceed 5 percent of the sums ap9 propriated for grant-making purposes per year: Provided, 

10 That such small grant actions are taken pursuant to the 

11 terms of an expressed and direct delegation of authority 

12 from the National Council on the Arts to the Chairperson. 

13 COMMISSION OF FINE ARTS

14 SALARIES AND EXPENSES

15 For expenses made necessary by the Act establishing 

16 a Commission of Fine Arts (40 U.S.C. 104), $2,294,000: 

17 Provided, That the Commission is authorized to charge fees 

18 to cover the full costs of its publications, and such fees shall 

19 be credited to this account as an offsetting collection, to re20 main available until expended without further appropria21 tion: Provided further, That the Commission is authorized 

22 to accept gifts, including objects, papers, artwork, drawings 

23 and artifacts, that pertain to the history and design of the 

24 Nation’s Capital or the history and activities of the Com-
226 

•HR 2996 RS

1 mission of Fine Arts, for the purpose of artistic display, 

2 study or education. 

3 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

4 For necessary expenses as authorized by Public Law 

5 99–190 (20 U.S.C. 956a), as amended, $9,500,000: Pro6 vided, That no organization shall receive a grant in excess 

7 of $650,000 in a single year. 

8 ADVISORY COUNCIL ON HISTORIC PRESERVATION

9 SALARIES AND EXPENSES

10 For necessary expenses of the Advisory Council on His11 toric Preservation (Public Law 89–665, as amended), 

12 $5,908,000: Provided, That none of these funds shall be 

13 available for compensation of level V of the Executive Sched14 ule or higher positions. 

15 NATIONAL CAPITAL PLANNING COMMISSION

16 SALARIES AND EXPENSES

17 For necessary expenses, as authorized by the National 

18 Capital Planning Act of 1952 (40 U.S.C. 71–71i), includ19 ing services as authorized by 5 U.S.C. 3109, $8,507,000: 

20 Provided, That one-quarter of 1 percent of the funds pro21 vided under this heading may be used for official reception 

22 and representational expenses associated with hosting inter23 national visitors engaged in the planning and physical de24 velopment of world capitals. 
227 

•HR 2996 RS

1 UNITED STATES HOLOCAUST MEMORIAL MUSEUM

2 HOLOCAUST MEMORIAL MUSEUM

3 For expenses of the Holocaust Memorial Museum, as 

4 authorized by Public Law 106–292 (36 U.S.C. 2301–2310), 

5 $49,122,000, of which $515,000 for the Museum’s equipment 

6 replacement program, $1,900,000 for the museum’s repair 

7 and rehabilitation program and $1,264,000 for the muse8 um’s exhibition design and production program shall re9 main available until expended. 

10 PRESIDIO TRUST

11 PRESIDIO TRUST FUND

12 For necessary expenses to carry out title I of the Omni13 bus Parks and Public Lands Management Act of 1996, 

14 $17,230,000 shall be available to the Presidio Trust, to re15 main available until expended. 

16 DWIGHT D. EISENHOWER MEMORIAL COMMISSION

17 SALARIES AND EXPENSES

18 For necessary expenses, including the costs of construc19 tion design, of the Dwight D. Eisenhower Memorial Com20 mission, $3,000,000, to remain available until expended. 

21 CAPITAL CONSTRUCTION

22 For necessary expenses of the Dwight D. Eisenhower 

23 Memorial Commission for design and construction of a me24 morial in honor of Dwight D. Eisenhower, as authorized 
228 

•HR 2996 RS

1 by Public Law 106–79, $16,000,000, to remain available 

2 until expended. 

3 TITLE IV 

4 GENERAL PROVISIONS 

5 LIMITATION ON CONSULTING SERVICES

6 (INCLUDING TRANSFERS OF FUNDS)

7 SEC. 401. The expenditure of any appropriation under 

8 this Act for any consulting service through procurement 

9 contract, pursuant to 5 U.S.C. 3109, shall be limited to 

10 those contracts where such expenditures are a matter of pub11 lic record and available for public inspection, except where 

12 otherwise provided under existing law, or under existing 

13 Executive Order issued pursuant to existing law. 

14 RESTRICTION ON USE OF FUNDS

15 SEC. 402. No part of any appropriation contained in 

16 this Act shall be available for any activity or the publica17 tion or distribution of literature that in any way tends to 

18 promote public support or opposition to any legislative pro19 posal on which Congressional action is not complete other 

20 than to communicate to Members of Congress as described 

21 in 18 U.S.C. 1913. 

22 PROHIBITION ON USE OF FUNDS FOR PERSONAL SERVICES

23 SEC. 403. None of the funds provided in this Act to 

24 any department or agency shall be obligated or expended 

25 to provide a personal cook, chauffeur, or other personal serv-
229 

•HR 2996 RS

1 ants to any officer or employee of such department or agen2 cy except as otherwise provided by law. 

3 DISCLOSURE OF ADMINISTRATIVE EXPENSES

4 SEC. 404. Estimated overhead charges, deductions, re5 serves or holdbacks from programs, projects, activities and 

6 subactivities to support government-wide, departmental, 

7 agency or bureau administrative functions or headquarters, 

8 regional or central operations shall be presented in annual 

9 budget justifications and subject to approval by the Com10 mittees on Appropriations. Changes to such estimates shall 

11 be presented to the Committees on Appropriations for ap12 proval. 

13 GIANT SEQUOIA

14 SEC. 405. None of the funds in this Act may be used 

15 to plan, prepare, or offer for sale timber from trees classified 

16 as giant sequoia (Sequoiadendron giganteum) which are lo17 cated on National Forest System or Bureau of Land Man18 agement lands in a manner different than such sales were 

19 conducted in fiscal year 2009. 

20 MINING APPLICATIONS

21 SEC. 406. (a) None of the funds appropriated or other22 wise made available pursuant to this Act shall be obligated 

23 or expended to accept or process applications for a patent 

24 for any mining or mill site claim located under the general 

25 mining laws. 
230 

•HR 2996 RS

1 (b) EXCEPTIONS.—The provisions of subsection (a) 

2 shall not apply if the Secretary of the Interior determines 

3 that, for the claim concerned: (1) a patent application was 

4 filed with the Secretary on or before September 30, 1994; 

5 and (2) all requirements established under sections 2325 

6 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) 

7 for vein or lode claims and sections 2329, 2330, 2331, and 

8 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37) 

9 for placer claims, and section 2337 of the Revised Statutes 

10 (30 U.S.C. 42) for mill site claims, as the case may be, 

11 were fully complied with by the applicant by that date. 

12 (c) REPORT.—On September 30, 2010, the Secretary 

13 of the Interior shall file with the House and Senate Com14 mittees on Appropriations and the Committee on Natural 

15 Resources of the House of Representatives and the Com16 mittee on Energy and Natural Resources of the Senate a 

17 report on actions taken by the Department under the plan 

18 submitted pursuant to section 314(c) of the Department of 

19 the Interior and Related Agencies Appropriations Act, 1997 

20 (Public Law 104–208). 

21 (d) MINERAL EXAMINATIONS.—In order to process 

22 patent applications in a timely and responsible manner, 

23 upon the request of a patent applicant, the Secretary of the 

24 Interior shall allow the applicant to fund a qualified third25 party contractor to be selected by the Bureau of Land Man-
231 

•HR 2996 RS

1 agement to conduct a mineral examination of the mining 

2 claims or mill sites contained in a patent application as 

3 set forth in subsection (b). The Bureau of Land Manage4 ment shall have the sole responsibility to choose and pay 

5 the third-party contractor in accordance with the standard 

6 procedures employed by the Bureau of Land Management 

7 in the retention of third-party contractors. 

8 CONTRACT SUPPORT COSTS

9 SEC. 407. Notwithstanding any other provision of law, 

10 amounts appropriated to or otherwise designated in com11 mittee reports for the Bureau of Indian Affairs and the In12 dian Health Service by Public Laws 103–138, 103–332, 

13 104–134, 104–208, 105–83, 105–277, 106–113, 106–291, 

14 107–63, 108–7, 108–108, 108–447, 109–54, 109–289, divi15 sion B and Continuing Appropriations Resolution, 2007 

16 (division B of Public Law 109–289, as amended by Public 

17 Laws 110–5 and 110–28), and Public Laws 110–92, 110– 

18 116, 110–137, 110–149, 110–161, 110–329, 111–6, and 

19 111–8 for payments for contract support costs associated 

20 with self-determination or self-governance contracts, grants, 

21 compacts, or annual funding agreements with the Bureau 

22 of Indian Affairs or the Indian Health Service as funded 

23 by such Acts, are the total amounts available for fiscal years 

24 1994 through 2009 for such purposes, except that for the 

25 Bureau of Indian Affairs, tribes and tribal organizations 
232 

•HR 2996 RS

1 may use their tribal priority allocations for unmet contract 

2 support costs of ongoing contracts, grants, self-governance 

3 compacts, or annual funding agreements. 

4 FOREST MANAGEMENT PLANS

5 SEC. 408. Prior to October 1, 2010, the Secretary of 

6 Agriculture shall not be considered to be in violation of sub7 paragraph 6(f)(5)(A) of the Forest and Rangeland Renew8 able Resources Planning Act of 1974 (16 U.S.C. 

9 1604(f)(5)(A)) solely because more than 15 years have 

10 passed without revision of the plan for a unit of the Na11 tional Forest System. Nothing in this section exempts the 

12 Secretary from any other requirement of the Forest and 

13 Rangeland Renewable Resources Planning Act (16 U.S.C. 

14 1600 et seq.) or any other law: Provided, That if the Sec15 retary is not acting expeditiously and in good faith, within 

16 the funding available, to revise a plan for a unit of the 

17 National Forest System, this section shall be void with re18 spect to such plan and a court of proper jurisdiction may 

19 order completion of the plan on an accelerated basis. 

20 PROHIBITION WITHIN NATIONAL MONUMENTS

21 SEC. 409. No funds provided in this Act may be ex22 pended to conduct preleasing, leasing and related activities 

23 under either the Mineral Leasing Act (30 U.S.C. 181 et seq.) 

24 or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 

25 et seq.) within the boundaries of a National Monument es-
233 

•HR 2996 RS

1 tablished pursuant to the Act of June 8, 1906 (16 U.S.C. 

2 431 et seq.) as such boundary existed on January 20, 2001, 

3 except where such activities are allowed under the Presi4 dential proclamation establishing such monument. 

5 INTERNATIONAL FIREFIGHTER COOPERATIVE AGREEMENTS

6 SEC. 410. In entering into agreements with foreign 

7 countries pursuant to the Wildfire Suppression Assistance 

8 Act (42 U.S.C. 1856m) the Secretary of Agriculture and 

9 the Secretary of the Interior are authorized to enter into 

10 reciprocal agreements in which the individuals furnished 

11 under said agreements to provide wildfire services are con12 sidered, for purposes of tort liability, employees of the coun13 try receiving said services when the individuals are engaged 

14 in fire suppression: Provided, That the Secretary of Agri15 culture or the Secretary of the Interior should not enter into 

16 any agreement under this provision unless the foreign coun17 try (either directly or through its fire organization) agrees 

18 to assume any and all liability for the acts or omissions 

19 of American firefighters engaged in firefighting in a foreign 

20 country: Provided further, That when an agreement is 

21 reached for furnishing fire fighting services, the only rem22 edies for acts or omissions committed while fighting fires 

23 shall be those provided under the laws of the host country, 

24 and those remedies shall be the exclusive remedies for any 

25 claim arising out of fighting fires in a foreign country: Pro-
234 

•HR 2996 RS

1 vided further, That neither the sending country nor any 

2 legal organization associated with the firefighter shall be 

3 subject to any legal action whatsoever pertaining to or aris4 ing out of the firefighter’s role in fire suppression. 

5 CONTRACTING AUTHORITIES

6 SEC. 411. 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 ‘‘Secre10 taries’’) may, in evaluating bids and proposals, give consid11 eration to local contractors who are from, and who provide 

12 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 communities 

17 isolated from significant alternative employment opportu18 nities: Provided, That notwithstanding Federal Government 

19 procurement and contracting laws the Secretaries may 

20 award contracts, grants or cooperative agreements to local 

21 non-profit entities, Youth Conservation Corps or related 

22 partnerships with State, local or non-profit youth groups, 

23 or small or micro-business or disadvantaged business: Pro24 vided further, That the contract, grant, or cooperative agree25 ment is for forest hazardous fuels reduction, watershed or 
235 

•HR 2996 RS

1 water quality monitoring or restoration, wildlife or fish 

2 population monitoring, or habitat restoration or manage3 ment: Provided further, That the terms ‘‘rural community’’ 

4 and ‘‘economically disadvantaged’’ shall have the same 

5 meanings as in section 2374 of Public Law 101–624: Pro6 vided further, That the Secretaries shall develop guidance 

7 to implement this section: Provided further, That nothing 

8 in this section shall be construed as relieving the Secretaries 

9 of any duty under applicable procurement laws, except as 

10 provided in this section. 

11 PROHIBITION ON USE OF FUNDS

12 SEC. 412. None of the funds made available by this 

13 or any other Act may be used in fiscal year 2010 for com14 petitive sourcing studies and any related activities involv15 ing Forest Service personnel. 

16 LIMITATION ON TAKINGS

17 SEC. 413. Unless otherwise provided herein, no funds 

18 appropriated in this Act for the acquisition of lands or in19 terests in lands may be expended for the filing of declara20 tions of taking or complaints in condemnation without the 

21 approval of the House and Senate Committees on Appro22 priations: Provided, That this provision shall not apply to 

23 funds appropriated to implement the Everglades National 

24 Park Protection and Expansion Act of 1989, or to funds 
236 

•HR 2996 RS

1 appropriated for Federal assistance to the State of Florida 

2 to acquire lands for Everglades restoration purposes. 

3 HUNTERS POINT ENVIRONMENTAL CLEANUP

4 SEC. 414. In addition to the amounts otherwise pro5 vided to the Environmental Protection Agency in this Act, 

6 $8,000,000, to remain available until expended, is provided 

7 to EPA to be transferred to the Department of the Navy 

8 for clean-up activities at the Treasure Island Naval Sta9 tion—Hunters Point Annex. 

10 EXTENSION OF GRAZING PERMITS

11 SEC. 415. Section 325 of Public Law 108–108 is 

12 amended by striking ‘‘fiscal years 2004–2008’’ and insert13 ing ‘‘fiscal year 2010.’’ 

14 ALASKA NATIVE HEALTH CARE SERVICES

15 SEC. 416. (a) Notwithstanding any other provision of 

16 law and until October 1, 2011, the Indian Health Service 

17 may not disburse funds for the provision of health care serv18 ices pursuant to Public Law 93–638 (25 U.S.C. 450 et seq.) 

19 to any Alaska Native village or Alaska Native village cor20 poration that is located within the area served by an Alaska 

21 Native regional health entity. 

22 (b) Nothing in this section shall be construed to pro23 hibit the disbursal of funds to any Alaska Native village 

24 or Alaska Native village corporation under any contract or 
237 

•HR 2996 RS

1 compact entered into prior to May 1, 2006, or to prohibit 

2 the renewal of any such agreement. 

3 (c) For the purpose of this section, Eastern Aleutian 

4 Tribes, Inc., the Council of Athabascan Tribal Governments, 

5 and the Native Village of Eyak shall be treated as Alaska 

6 Native regional health entities to which funds may be dis7 bursed under this section. 

8 TIMBER SALE REQUIREMENTS

9 SEC. 417. No timber sale in Region 10 shall be adver10 tised if the indicated rate is deficit when appraised using 

11 a residual value approach that assigns domestic Alaska val12 ues for western red cedar. Program accomplishments shall 

13 be based on volume sold. Should Region 10 sell, in the cur14 rent fiscal year, the annual average portion of the decadal 

15 allowable sale quantity called for in the current Tongass 

16 Land Management Plan in sales which are not deficit when 

17 appraised using a residual value approach that assigns do18 mestic Alaska values for western red cedar, all of the west19 ern red cedar timber from those sales which is surplus to 

20 the needs of domestic processors in Alaska, shall be made 

21 available to domestic processors in the contiguous 48 United 

22 States at prevailing domestic prices. Should Region 10 sell, 

23 in the current fiscal year, less than the annual average por24 tion of the decadal allowable sale quantity called for in the 

25 Tongass Land Management Plan in sales which are not def-
238 

•HR 2996 RS

1 icit when appraised using a residual value approach that 

2 assigns domestic Alaska values for western red cedar, the 

3 volume of western red cedar timber available to domestic 

4 processors at prevailing domestic prices in the contiguous 

5 48 United States shall be that volume: (1) which is surplus 

6 to the needs of domestic processors in Alaska; and (2) is 

7 that percent of the surplus western red cedar volume deter8 mined by calculating the ratio of the total timber volume 

9 which has been sold on the Tongass to the annual average 

10 portion of the decadal allowable sale quantity called for in 

11 the current Tongass Land Management Plan. The percent12 age shall be calculated by Region 10 on a rolling basis as 

13 each sale is sold (for purposes of this amendment, a ‘‘rolling 

14 basis’’ shall mean that the determination of how much west15 ern red cedar is eligible for sale to various markets shall 

16 be made at the time each sale is awarded). Western red 

17 cedar shall be deemed ‘‘surplus to the needs of domestic 

18 processors in Alaska’’ when the timber sale holder has pre19 sented to the Forest Service documentation of the inability 

20 to sell western red cedar logs from a given sale to domestic 

21 Alaska processors at a price equal to or greater than the 

22 log selling value stated in the contract. All additional west23 ern red cedar volume not sold to Alaska or contiguous 48 

24 United States domestic processors may be exported to for25 eign markets at the election of the timber sale holder. All 
239 

•HR 2996 RS

1 Alaska yellow cedar may be sold at prevailing export prices 

2 at the election of the timber sale holder. 

3 COLORADO COOPERATIVE CONSERVATION AUTHORITY

4 SEC. 418. Section 331 of the Department of the Inte5 rior and Related Agencies Appropriations Act, 2001, as 

6 amended, is amended in subsection (e) by striking ‘‘Sep7 tember 30, 2009,’’ and inserting ‘‘September 30, 2014,’’. 

8 NATIONAL COUNCIL ON THE ARTS MEMBERSHIP

9 SEC. 419. Section 6 of the National Foundation on the 

10 Arts and the Humanities Act of 1965 (Public Law 89–209, 

11 20 U.S.C. 955), as amended, is further amended as follows: 

12 (1) In the first sentence of subsection (b)(1)(C), 

13 by striking ‘‘14’’ and inserting in lieu thereof ‘‘18’’; 

14 and 

15 (2) In the second sentence of subsection (d)(1), by 

16 striking ‘‘Eight’’ and inserting in lieu thereof ‘‘Ten’’. 

17 PROHIBITION ON USE OF FUNDS

18 SEC. 420. Notwithstanding any other provision of law, 

19 none of the funds made available in this Act 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 (42 U.S.C. 7661 et seq.) for carbon dioxide, 

23 nitrous oxide, water vapor, or methane emissions resulting 

24 from biological processes associated with livestock produc25 tion. 
240 

•HR 2996 RS

1 GREENHOUSE GAS REPORTING RESTRICTIONS

2 SEC. 421. Notwithstanding any other provision of law, 

3 none of the funds made available in this Act or any other 

4 Act may be used to implement any rule that requires man5 datory reporting of greenhouse gas emissions from manure 

6 management systems emitting less than 25,000 tons of car7 bon dioxide equivalent per year. 

8 CONGRESSIONALLY DIRECTED SPENDING

9 SEC. 422. Within the amounts appropriated in this 

10 Act, funding shall be allocated in the amounts specified for 

11 those projects and purposes delineated in the table titled 

12 ‘‘Congressionally Directed Spending’’ included in the com13 mittee report accompanying this Act. 

14 This Act may be cited as the ‘‘Department of the Inte15 rior, Environment, and Related Agencies Appropriations 

16 Act, 2010’’. 

Calendar No. 98 

111TH CONGRESS 

1ST SESSION H. R. 2996 

[Report No. 111–38] 

AN ACT 

Making appropriations for the Department of the 

for other purposes. the fiscal year ending September 30, 2010, and Interior, environment, and related agencies for 

JULY 6, 2009 

Received; read twice and referred to the Committee on 

J

Appropriations 

ULY 7, 2009 

Reported with an amendment