In the Senate of the United States, 

September 24, 2009. 

Resolved, That the bill from the House of Representatives (H.R. 2996) entitled ‘‘An Act making appropriations for 

the Department of the Interior, environment, and related 

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

for other purposes.’’, do pass with the following 

AMENDMENT: 

Strike out all after the enacting clause and insert: 

1 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated, for the 

3 Department of the Interior, environment, and related agen4 cies for the fiscal year ending September 30, 2010, and for 

5 other purposes, namely: 
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† HR 2996 EAS 

1 TITLE I 

2 DEPARTMENT OF THE INTERIOR 

3 BUREAU OF LAND MANAGEMENT

4 MANAGEMENT OF LANDS AND RESOURCES

5 For necessary expenses for protection, use, improve6 ment, development, disposal, cadastral surveying, classifica7 tion, acquisition of easements and other interests in lands, 

8 and performance of other functions, including maintenance 

9 of facilities, as authorized by law, in the management of 

10 lands and their resources under the jurisdiction of the Bu11 reau of Land Management, including the general adminis12 tration of the Bureau, and assessment of mineral potential 

13 of public lands pursuant to Public Law 96–487 (16 U.S.C. 

14 3150(a)), $965,721,000, to remain available until expended, 

15 of which not to exceed $69,336,000 is available for oil and 

16 gas management; and of which $1,500,000 is for high pri17 ority projects, to be carried out by the Youth Conservation 

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

19 year 2010 subject to a match by at least an equal amount 

20 by the National Fish and Wildlife Foundation for cost21 shared projects supporting conservation of Bureau lands; 

22 and such funds shall be advanced to the Foundation as a 

23 lump sum grant without regard to when expenses are in24 curred. 
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1 In addition, $45,500,000 is for the processing of appli2 cations for permit to drill and related use authorizations, 

3 to remain available until expended, to be reduced by 

4 amounts collected by the Bureau and credited to this appro5 priation that shall be derived from $6,500 per new applica6 tion for permit to drill that the Bureau shall collect upon 

7 submission of each new application, and in addition, 

8 $36,696,000 is for Mining Law Administration program 

9 operations, including the cost of administering the mining 

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

11 be reduced by amounts collected by the Bureau and credited 

12 to this appropriation from annual mining claim fees so as 

13 to result in a final appropriation estimated at not more 

14 than $965,721,000, and $2,000,000, to remain available 

15 until expended, from communication site rental fees estab16 lished by the Bureau for the cost of administering commu17 nication site activities. 

18 CONSTRUCTION

19 For construction of buildings, recreation facilities, 

20 roads, trails, and appurtenant facilities, $8,626,000, to re21 main available until expended. 

22 LAND ACQUISITION

23 For expenses necessary to carry out sections 205, 206, 

24 and 318(d) of Public Law 94–579, including administra25 tive expenses and acquisition of lands or waters, or interests 
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† HR 2996 EAS 

1 therein, $28,650,000, to be derived from the Land and 

2 Water Conservation Fund and to remain available until 

3 expended: Provided, That, notwithstanding the joint ex4 planatory statement of the Committee on Appropriations 

5 of the House of Representatives accompanying Public Law 

6 111–8 (123 Stat. 524), the amount of $2,000,000 made 

7 available for the Henry’s Lake ACEC in the State of Idaho 

8 (as described in the table entitled ‘‘Congressionally Des9 ignated Spending’’ contained in section 430 of that joint 

10 explanatory statement) shall be made available for the 

11 Upper Snake/South Fork River ACEC/SRMA in the State 

12 of Idaho. 

13 OREGON AND CALIFORNIA GRANT LANDS

14 For expenses necessary for management, protection, 

15 and development of resources and for construction, oper16 ation, and maintenance of access roads, reforestation, and 

17 other improvements on the revested Oregon and California 

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

19 and California land-grant counties of Oregon, and on adja20 cent rights-of-way; and acquisition of lands or interests 

21 therein, including existing connecting roads on or adjacent 

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

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

24 receipts during the current fiscal year from the revested Or25 egon and California Railroad grant lands is hereby made 
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1 a charge against the Oregon and California land-grant 

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

3 Treasury in accordance with the second paragraph of sub4 section (b) of title II of the Act of August 28, 1937 (50 Stat. 

5 876). 

6 FOREST ECOSYSTEM HEALTH AND RECOVERY FUND

7 (REVOLVING FUND, SPECIAL ACCOUNT)

8 In addition to the purposes authorized in Public Law 

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

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

11 planning, preparing, implementing and monitoring salvage 

12 timber sales and forest ecosystem health and recovery activi13 ties, such as release from competing vegetation and density 

14 control treatments. The Federal share of receipts (defined 

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

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

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

18 funded by this account shall be deposited into the Forest 

19 Ecosystem Health and Recovery Fund. 

20 RANGE IMPROVEMENTS

21 For rehabilitation, protection, and acquisition of lands 

22 and interests therein, and improvement of Federal range23 lands pursuant to section 401 of the Federal Land Policy 

24 and Management Act of 1976 (43 U.S.C. 1701), notwith25 standing any other Act, sums equal to 50 percent of all 
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1 moneys received during the prior fiscal year under sections 

2 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.) 

3 and the amount designated for range improvements from 

4 grazing fees and mineral leasing receipts from Bankhead5 Jones lands transferred to the Department of the Interior 

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

7 available until expended: Provided, That not to exceed 

8 $600,000 shall be available for administrative expenses. 

9 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

10 For administrative expenses and other costs related to 

11 processing application documents and other authorizations 

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

13 of providing copies of official public land documents, for 

14 monitoring construction, operation, and termination of fa15 cilities in conjunction with use authorizations, and for re16 habilitation of damaged property, such amounts as may be 

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

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

19 That, notwithstanding any provision to the contrary of sec20 tion 305(a) of Public Law 94–579 (43 U.S.C. 1735(a)), any 

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

22 section, whether as a result of forfeiture, compromise, or set23 tlement, if not appropriate for refund pursuant to section 

24 305(c) of that Act (43 U.S.C. 1735(c)), shall be available 

25 and may be expended under the authority of this Act by 
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1 the Secretary to improve, protect, or rehabilitate any public 

2 lands administered through the Bureau of Land Manage3 ment which have been damaged by the action of a resource 

4 developer, purchaser, permittee, or any unauthorized per5 son, without regard to whether all moneys collected from 

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

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

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

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

10 to repair other damaged public lands. 

11 MISCELLANEOUS TRUST FUNDS

12 In addition to amounts authorized to be expended 

13 under existing laws, there is hereby appropriated such 

14 amounts as may be contributed under section 307 of the 

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

16 amounts as may be advanced for administrative costs, sur17 veys, appraisals, and costs of making conveyances of omit18 ted lands under section 211(b) of that Act, to remain avail19 able until expended. 

20 ADMINISTRATIVE PROVISIONS

21 The Bureau of Land Management may carry out the 

22 operations funded under this Act by direct expenditure, con23 tracts, grants, cooperative agreements and reimbursable 

24 agreements with public and private entities. Projects funded 

25 pursuant to a written commitment by a State government 
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1 to provide an identified amount of money in support of 

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

3 of the written commitment. Appropriations for the Bureau 

4 of Land Management (BLM) shall be available for pur5 chase, erection, and dismantlement of temporary structures, 

6 and alteration and maintenance of necessary buildings and 

7 appurtenant facilities to which the United States has title; 

8 up to $100,000 for payments, at the discretion of the Sec9 retary, for information or evidence concerning violations of 

10 laws administered by the Bureau; miscellaneous and emer11 gency expenses of enforcement activities authorized or ap12 proved by the Secretary and to be accounted for solely on 

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

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

15 under cooperative cost-sharing and partnership arrange16 ments authorized by law, procure printing services from co17 operators in connection with jointly produced publications 

18 for which the cooperators share the cost of printing either 

19 in cash or in services, and the Bureau determines the coop20 erator is capable of meeting accepted quality standards: 

21 Provided further, That projects to be funded pursuant to 

22 a written commitment by a State government to provide 

23 an identified amount of money in support of the project 

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

25 Appropriations herein made shall not be available for the 
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1 destruction of healthy, unadopted, wild horses and burros 

2 in the care of the Bureau of Land Management or its con3 tractors or for the sale of wild horses and burros that results 

4 in their destruction for processing into commercial prod5 ucts. 

6 UNITED STATES FISH AND WILDLIFE SERVICE

7 RESOURCE MANAGEMENT

8 For necessary expenses of the United States Fish and 

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

10 and economic studies, general administration, and for the 

11 performance of other authorized functions related to such 

12 resources, $1,244,386,000, to remain available until Sep13 tember 30, 2011 except as otherwise provided herein: Pro14 vided, That $2,500,000 is for high priority projects, which 

15 shall be carried out by the Youth Conservation Corps: Pro16 vided further, That not to exceed $22,103,000 shall be used 

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

18 4 of the Endangered Species Act, as amended, (except for 

19 processing petitions, developing and issuing proposed and 

20 final regulations, and taking any other steps to implement 

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

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

23 used for any activity regarding the designation of critical 

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

25 support, for species listed pursuant to subsection (a)(1) 
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1 prior to October 1, 2009: Provided further, That of the 

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

3 remain available until expended, may at the discretion of 

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

5 or evidence concerning violations of laws administered by 

6 the Service, and miscellaneous and emergency expenses of 

7 enforcement activity, authorized or approved by the Sec8 retary and to be accounted for solely on the Secretary’s cer9 tificate: Provided further, That of the amount provided for 

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

11 available until expended for contaminant sample analyses. 

12 CONSTRUCTION

13 For construction, improvement, acquisition, or re14 moval of buildings and other facilities required in the con15 servation, management, investigation, protection, and utili16 zation of fishery and wildlife resources, and the acquisition 

17 of lands and interests therein; $39,741,000, to remain avail18 able until expended. 

19 LAND ACQUISITION

20 For expenses necessary to carry out the Land and 

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

22 U.S.C. 460l–4 through 11), including administrative ex23 penses, and for acquisition of land or waters, or interest 

24 therein, in accordance with statutory authority applicable 

25 to the United States Fish and Wildlife Service, $82,790,000, 
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1 to be derived from the Land and Water Conservation Fund 

2 and to remain available until expended, of which, notwith3 standing 16 U.S.C. 460l–9, not more than $1,500,000 shall 

4 be for land conservation partnerships authorized by the 

5 Highlands Conservation Act of 2004: Provided, That none 

6 of the funds appropriated for specific land acquisition 

7 projects can be used to pay for any administrative over8 head, planning or other management costs. 

9 COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

10 For expenses necessary to carry out section 6 of the 

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

12 as amended, $85,001,000, to remain available until ex13 pended, of which $30,307,000 is to be derived from the Co14 operative Endangered Species Conservation Fund, of which 

15 $5,146,000 shall be for the Idaho Salmon and Clearwater 

16 River Basins Habitat Account pursuant to the Snake River 

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

18 be derived from the Land and Water Conservation Fund. 

19 NATIONAL WILDLIFE REFUGE FUND

20 For expenses necessary to implement the Act of October 

21 17, 1978 (16 U.S.C. 715s), $14,500,000. 

22 NORTH AMERICAN WETLANDS CONSERVATION FUND

23 For expenses necessary to carry out the provisions of 

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

2 until expended. 

3 NEOTROPICAL MIGRATORY BIRD CONSERVATION

4 For expenses necessary to carry out the Neotropical 

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

6 6101 et seq.), $5,000,000, to remain available until ex7 pended. 

8 MULTINATIONAL SPECIES CONSERVATION FUND

9 For expenses necessary to carry out the African Ele10 phant Conservation Act (16 U.S.C. 4201–4203, 4211–4214, 

11 4221–4225, 4241–4246, and 1538), the Asian Elephant 

12 Conservation Act of 1997 (16 U.S.C. 4261–4266), the Rhi13 noceros and Tiger Conservation Act of 1994 (16 U.S.C. 

14 5301–5306), the Great Ape Conservation Act of 2000 (16 

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

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

17 available until expended. 

18 STATE AND TRIBAL WILDLIFE GRANTS

19 For wildlife conservation grants to States and to the 

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

21 Virgin Islands, the Northern Mariana Islands, American 

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

23 and Wildlife Act of 1956 and the Fish and Wildlife Coordi24 nation Act, for the development and implementation of pro25 grams for the benefit of wildlife and their habitat, including 
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1 species that are not hunted or fished, $80,000,000, to re2 main available until expended: Provided, That of the 

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

4 grant program for Indian tribes not subject to the remain5 ing provisions of this appropriation: Provided further, That 

6 $5,000,000 is for a competitive grant program for States, 

7 territories, and other jurisdictions with approved plans, not 

8 subject to the remaining provisions of this appropriation: 

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

10 2010 and each fiscal year thereafter, after deducting 

11 $12,000,000 and administrative expenses, apportion the 

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

13 District of Columbia and to the Commonwealth of Puerto 

14 Rico, each a sum equal to not more than one-half of 1 per15 cent thereof; and (2) to Guam, American Samoa, the United 

16 States Virgin Islands, and the Commonwealth of the North17 ern Mariana Islands, each a sum equal to not more than 

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

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

20 thereafter, apportion the remaining amount in the fol21 lowing manner: (1) one-third of which is based on the ratio 

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

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

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

25 to the total population of all such States: Provided further, 
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1 That the amounts apportioned under this paragraph shall 

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

3 2010 and each fiscal year thereafter, be apportioned a sum 

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

5 apportionment under this paragraph for any fiscal year or 

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

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

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

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

10 implementation grants shall not, for fiscal year 2010 and 

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

12 costs of such projects: Provided further, That the non-Fed13 eral share of such projects may not be derived from Federal 

14 grant programs: Provided further, That any amount appor15 tioned in 2010 to any State, territory, or other jurisdiction 

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

17 be reapportioned, together with funds appropriated in 2012, 

18 in the manner provided herein. 

19 ADMINISTRATIVE PROVISIONS

20 The Fish and Wildlife Service may carry out the oper21 ations of Service programs by direct expenditure, contracts, 

22 grants, cooperative agreements and reimbursable agree23 ments with public and private entities. Appropriations and 

24 funds available to the United States Fish and Wildlife Serv25 ice shall be available for repair of damage to public roads 
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1 within and adjacent to reservation areas caused by oper2 ations of the Service; options for the purchase of land at 

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

4 public recreational uses on conservation areas as are con5 sistent with their primary purpose; and the maintenance 

6 and improvement of aquaria, buildings, and other facilities 

7 under the jurisdiction of the Service and to which the 

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

9 law in connection with management, and investigation of 

10 fish and wildlife resources: Provided, That notwithstanding 

11 44 U.S.C. 501, the Service may, under cooperative cost 

12 sharing and partnership arrangements authorized by law, 

13 procure printing services from cooperators in connection 

14 with jointly produced publications for which the cooperators 

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

16 or services and the Service determines the cooperator is ca17 pable of meeting accepted quality standards: Provided fur18 ther, That the Service may accept donated aircraft as re19 placements for existing aircraft. 

20 NATIONAL PARK SERVICE

21 OPERATION OF THE NATIONAL PARK SYSTEM

22 For expenses necessary for the management, operation, 

23 and maintenance of areas and facilities administered by 

24 the National Park Service (including expenses to carry out 

25 programs of the United States Park Police), and for the 
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1 general administration of the National Park Service, 

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

3 interagency coordination in support of Everglades restora4 tion and $99,622,000 for maintenance, repair or rehabilita5 tion projects for constructed assets, operation of the Na6 tional Park Service automated facility management soft7 ware system, and comprehensive facility condition assess8 ments shall remain available until September 30, 2011. 

9 NATIONAL RECREATION AND PRESERVATION

10 For expenses necessary to carry out recreation pro11 grams, natural programs, cultural programs, heritage part12 nership programs, environmental compliance and review, 

13 international park affairs, statutory or contractual aid for 

14 other activities, and grant administration, not otherwise 

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

16 Preserve America grants as authorized by section 7302 of 

17 the Omnibus Public Land Management Act of 2009 (Public 

18 Law 111–11). 

19 HISTORIC PRESERVATION FUND

20 For expenses necessary in carrying out the Historic 

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

22 the Omnibus Parks and Public Lands Management Act of 

23 1996 (Public Law 104–333), $74,500,000, to be derived 

24 from the Historic Preservation Fund and to remain avail25 able until September 30, 2011; of which $20,000,000 shall 
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1 be for Save America’s Treasures grants as authorized by 

2 section 7303 of the Omnibus Public Land Management Act 

3 of 2009 (Public Law 111–11) of which $200,000 may be 

4 made available by the Secretary of the Interior to develop, 

5 in conjunction with Morehouse College, a program to cata6 logue, preserve, provide public access to and research on, 

7 develop curriculum and courses based on, provide public ac8 cess to, and conduct scholarly forums on the important 

9 works and papers of Dr. Martin Luther King, Jr. to provide 

10 a better understanding of the message and teachings of Dr. 

11 Martin Luther King, Jr.. 

12 CONSTRUCTION

13 For construction, improvements, repair or replacement 

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

15 the modifications authorized by section 104 of the Ever16 glades National Park Protection and Expansion Act of 

17 1989, $219,731,000, to remain available until expended. 

18 LAND AND WATER CONSERVATION FUND

19 (RESCISSION)

20 The contract authority provided for fiscal year 2010 

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

22 LAND ACQUISITION AND STATE ASSISTANCE

23 For expenses necessary to carry out the Land and 

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

25 460l–4 through 11), including administrative expenses, and 
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1 for acquisition of lands or waters, or interest therein, in 

2 accordance with the statutory authority applicable to the 

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

4 Land and Water Conservation Fund and to remain avail5 able until expended, of which $35,000,000 is for the State 

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

7 the American Battlefield Protection Program grants as au8 thorized by section 7301 of the Omnibus Public Land Man9 agement Act of 2009 (Public Law 111–11). 

10 ADMINISTRATIVE PROVISIONS

11 (INCLUDING TRANSFER OF FUNDS)

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

13 of Public Law 105–391, franchise fees credited to a sub14 account shall be available for expenditure by the Secretary, 

15 without further appropriation, for use at any unit within 

16 the National Park System to extinguish or reduce liability 

17 for Possessory Interest or leasehold surrender interest. Such 

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

19 the benefiting unit anticipated franchise fee receipts over 

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

21 funds used to extinguish or reduce liability. Franchise fees 

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

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

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

25 of funds so expended to extinguish or reduce liability. 
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1 For the costs of administration of the Land and Water 

2 Conservation Fund grants authorized by section 

3 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 

4 2006 (Public Law 109–432), the National Park Service 

5 may retain up to 3 percent of the amounts which are au6 thorized to be disbursed under such section, such retained 

7 amounts to remain available until expended. 

8 National Park Service funds may be transferred to the 

9 Federal Highway Administration (FHWA), Department of 

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

11 204. Transfers may include a reasonable amount for 

12 FHWA administrative support costs. 

13 UNITED STATES GEOLOGICAL SURVEY

14 SURVEYS, INVESTIGATIONS, AND RESEARCH

15 For expenses necessary for the United States Geological 

16 Survey to perform surveys, investigations, and research cov17 ering topography, geology, hydrology, biology, and the min18 eral and water resources of the United States, its territories 

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

20 31, 1332, and 1340; classify lands as to their mineral and 

21 water resources; give engineering supervision to power per22 mittees and Federal Energy Regulatory Commission licens23 ees; administer the minerals exploration program (30 

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

25 affecting mining and materials processing industries (30 
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1 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related 

2 purposes as authorized by law; and to publish and dissemi3 nate data relative to the foregoing activities; 

4 $1,104,340,000, to remain available until September 30, 

5 2011, of which $65,561,000 shall be available only for co6 operation with States or municipalities for water resources 

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

8 until expended for satellite operations; and of which 

9 $7,321,000 shall be available until expended for deferred 

10 maintenance and capital improvement projects that exceed 

11 $100,000 in cost: Provided, That none of the funds provided 

12 for the biological research activity shall be used to conduct 

13 new surveys on private property, unless specifically author14 ized in writing by the property owner: Provided further, 

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

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

17 water resources data collection and investigations carried 

18 on in cooperation with States and municipalities. 

19 ADMINISTRATIVE PROVISIONS

20 From within the amount appropriated for activities 

21 of the United States Geological Survey such sums as are 

22 necessary shall be available for reimbursement to the Gen23 eral Services Administration for security guard services; 

24 contracting for the furnishing of topographic maps and for 

25 the making of geophysical or other specialized surveys when 
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1 it is administratively determined that such procedures are 

2 in the public interest; construction and maintenance of nec3 essary buildings and appurtenant facilities; acquisition of 

4 lands for gauging stations and observation wells; expenses 

5 of the United States National Committee on Geology; and 

6 payment of compensation and expenses of persons on the 

7 rolls of the Survey duly appointed to represent the United 

8 States in the negotiation and administration of interstate 

9 compacts: Provided, That activities funded by appropria10 tions herein made may be accomplished through the use of 

11 contracts, grants, or cooperative agreements as defined in 

12 31 U.S.C. 6302 et seq.: Provided further, That the United 

13 States Geological Survey may enter into contracts or coop14 erative agreements directly with individuals or indirectly 

15 with institutions or nonprofit organizations, without re16 gard to 41 U.S.C. 5, for the temporary or intermittent serv17 ices of students or recent graduates, who shall be considered 

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

19 5, United States Code, relating to compensation for travel 

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

21 States Code, relating to tort claims, but shall not be consid22 ered to be Federal employees for any other purposes. 
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1 MINERALS MANAGEMENT SERVICE

2 ROYALTY AND OFFSHORE MINERALS MANAGEMENT

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

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

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

8 energy-related or other authorized marine-related purposes 

9 on the Outer Continental Shelf; and for matching grants 

10 or cooperative agreements, $175,217,000, to remain avail11 able until September 30, 2011, of which $89,374,000 shall 

12 be available for royalty management activities; and an 

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

14 appropriation and to remain available until expended, 

15 from additions to receipts resulting from increases to rates 

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

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

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

19 9701 shall be collected and credited to this account and shall 

20 be available until expended for necessary expenses: Provided 

21 further, That to the extent $156,730,000 in addition to re22 ceipts are not realized from the sources of receipts stated 

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

24 credited to this appropriation from receipts resulting from 

25 rental rates for Outer Continental Shelf leases in effect be-
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1 fore August 5, 1993: Provided further, That the term ‘‘quali2 fied Outer Continental Shelf revenues’’, as defined in sec3 tion 102(9)(A) of the Gulf of Mexico Energy Security Act, 

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

5 portion of rental revenues that would have been collected 

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

7 further, That not to exceed $3,000 shall be available for rea8 sonable expenses related to promoting volunteer beach and 

9 marine cleanup activities: Provided further, That notwith10 standing any other provision of law, $15,000 under this 

11 heading shall be available for refunds of overpayments in 

12 connection with certain Indian leases in which the Director 

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

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

15 prior unrecoverable erroneous payments: Provided further, 

16 That for the costs of administration of the Coastal Impact 

17 Assistance Program authorized by section 31 of the Outer 

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

19 1456a), MMS in fiscal year 2010 may retain up to 4 per20 cent of the amounts which are disbursed under section 

21 31(b)(1), such retained amounts to remain available until 

22 expended. 

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

24 available until expended, which shall be derived from non25 refundable inspection fees collected in fiscal year 2010, as 
24 

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

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

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

4 from receipts resulting from rental rates for Outer Conti5 nental Shelf leases in effect before August 5, 1993. 

6 OIL SPILL RESEARCH

7 For necessary expenses to carry out title I, section 

8 1016, title IV, sections 4202 and 4303, title VII, and title 

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

10 $6,303,000, which shall be derived from the Oil Spill Liabil11 ity Trust Fund, to remain available until expended. 

12 ADMINISTRATIVE PROVISION

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

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

15 Secretary shall deduct 2 percent from the amount payable 

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

17 deducted to miscellaneous receipts of the Treasury. 

18 OFFICE OF SURFACE MINING RECLAMATION AND

19 ENFORCEMENT

20 REGULATION AND TECHNOLOGY

21 For necessary expenses to carry out the provisions of 

22 the Surface Mining Control and Reclamation Act of 1977, 

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

24 available until September 30, 2011: Provided, That appro25 priations for the Office of Surface Mining Reclamation and 
25 

† HR 2996 EAS 

1 Enforcement may provide for the travel and per diem ex2 penses of State and tribal personnel attending Office of Sur3 face Mining Reclamation and Enforcement sponsored 

4 training. 

5 ABANDONED MINE RECLAMATION FUND

6 For necessary expenses to carry out title IV of the Sur7 face Mining Control and Reclamation Act of 1977, Public 

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

9 receipts of the Abandoned Mine Reclamation Fund and to 

10 remain available until expended: Provided, That pursuant 

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

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

13 delinquent debt owed to the United States Government to 

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

15 That funds made available under title IV of Public Law 

16 95–87 may be used for any required non-Federal share of 

17 the cost of projects funded by the Federal Government for 

18 the purpose of environmental restoration related to treat19 ment or abatement of acid mine drainage from abandoned 

20 mines: Provided further, That such projects must be con21 sistent with the purposes and priorities of the Surface Min22 ing Control and Reclamation Act: Provided further, That 

23 amounts provided under this heading may be used for the 

24 travel and per diem expenses of State and tribal personnel 
26 

† HR 2996 EAS 

1 attending Office of Surface Mining Reclamation and En2 forcement sponsored training. 

3 ADMINISTRATIVE PROVISION

4 With funds available for the Technical Innovation and 

5 Professional Services program in this Act, the Secretary 

6 may transfer title for computer hardware, software and 

7 other technical equipment to State and tribal regulatory 

8 and reclamation programs. 

9 BUREAU OF INDIAN AFFAIRS

10 OPERATION OF INDIAN PROGRAMS

11 (INCLUDING TRANSFER OF FUNDS)

12 For expenses necessary for the operation of Indian pro13 grams, as authorized by law, including the Snyder Act of 

14 November 2, 1921 (25 U.S.C. 13), the Indian Self-Deter15 mination and Education Assistance Act of 1975 (25 U.S.C. 

16 450 et seq.), as amended, the Education Amendments of 

17 1978 (25 U.S.C. 2001–2019), and the Tribally Controlled 

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

19 $2,309,322,000, to remain available until September 30, 

20 2011 except as otherwise provided herein; of which not to 

21 exceed $8,500 may be for official reception and representa22 tion expenses; of which not to exceed $74,915,000 shall be 

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

24 designated Federal disasters, the Secretary may exceed such 

25 cap, from the amounts provided herein, to provide for dis-
27 

† HR 2996 EAS 

1 aster relief to Indian communities affected by the disaster; 

2 of which, notwithstanding any other provision of law, in3 cluding but not limited to the Indian Self-Determination 

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

5 be available for payments for contract support costs associ6 ated with ongoing contracts, grants, compacts, or annual 

7 funding agreements entered into with the Bureau prior to 

8 or during fiscal year 2010, as authorized by such Act, ex9 cept that tribes and tribal organizations may use their trib10 al priority allocations for unmet contract support costs of 

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

12 agreements and for unmet welfare assistance costs; of which 

13 not to exceed $566,702,000 for school operations costs of Bu14 reau-funded schools and other education programs shall be15 come available on July 1, 2010, and shall remain available 

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

17 public safety and justice programs as authorized by the 

18 Emergency Fund for Indian Safety and Health, established 

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

20 and of which not to exceed $60,958,000 shall remain avail21 able until expended for housing improvement, road mainte22 nance, attorney fees, litigation support, the Indian Self-De23 termination Fund, land records improvement, and the Nav24 ajo-Hopi Settlement Program: Provided further, That not25 withstanding any other provision of law, including but not 
28 

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

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

3 within and only from such amounts made available for 

4 school operations shall be available for administrative cost 

5 grants associated with ongoing grants entered into with the 

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

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

8 only from such amounts made available for administrative 

9 cost grants shall be available for the transitional costs of 

10 initial administrative cost grants to grantees that assume 

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

12 schools: Provided further, That any forestry funds allocated 

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

14 2011, may be transferred during fiscal year 2012 to an In15 dian forest land assistance account established for the ben16 efit of the holder of the funds within the holder’s trust fund 

17 account: Provided further, That any such unobligated bal18 ances not so transferred shall expire on September 30, 2012: 

19 Provided further, That in order to enhance the safety of Bu20 reau field employees, the Bureau may use funds to purchase 

21 uniforms or other identifying articles of clothing for per22 sonnel. 
29 

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1 CONSTRUCTION

2 (INCLUDING TRANSFER OF FUNDS)

3 For construction, repair, improvement, and mainte4 nance of irrigation and power systems, buildings, utilities, 

5 and other facilities, including architectural and engineering 

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

7 lands; and preparation of lands for farming, and for con8 struction of the Navajo Indian Irrigation Project pursuant 

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

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

11 available for the construction of the Navajo Indian Irriga12 tion Project may be transferred to the Bureau of Reclama13 tion: Provided further, That not to exceed 6 percent of con14 tract authority available to the Bureau of Indian Affairs 

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

16 the road program management costs of the Bureau: Pro17 vided further, That any funds provided for the Safety of 

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

19 available on a nonreimbursable basis: Provided further, 

20 That for fiscal year 2010, in implementing new construc21 tion or facilities improvement and repair project grants in 

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

23 Public Law 100–297, as amended, the Secretary of the Inte24 rior shall use the Administrative and Audit Requirements 

25 and Cost Principles for Assistance Programs contained in 
30 

† HR 2996 EAS 

1 43 CFR part 12 as the regulatory requirements: Provided 

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

3 12.61 of 43 CFR; the Secretary and the grantee shall nego4 tiate and determine a schedule of payments for the work 

5 to be performed: Provided further, That in considering 

6 grant applications, the Secretary shall consider whether 

7 such grantee would be deficient in assuring that the con8 struction projects conform to applicable building standards 

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

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

11 to organizational and financial management capabilities: 

12 Provided further, That if the Secretary declines a grant ap13 plication, the Secretary shall follow the requirements con14 tained in 25 U.S.C. 2504(f): Provided further, That any 

15 disputes between the Secretary and any grantee concerning 

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

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

18 timely completion of construction projects, the Secretary 

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

20 the project, if, within eighteen months of the date of enact21 ment of this Act, any grantee receiving funds appropriated 

22 in this Act or in any prior Act, has not completed the plan23 ning and design phase of the project and commenced con24 struction: Provided further, That this appropriation may 

25 be reimbursed from the Office of the Special Trustee for 
31 

† HR 2996 EAS 

1 American Indians appropriation for the appropriate share 

2 of construction costs for space expansion needed in agency 

3 offices to meet trust reform implementation. 

4 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

5 MISCELLANEOUS PAYMENTS TO INDIANS

6 For payments and necessary administrative expenses 

7 for implementation of Indian land and water claim settle8 ments pursuant to Public Laws 99–264, 100–580, 101–618, 

9 108–447, 109–379, 109–479, 110–297, and 111–11, and for 

10 implementation of other land and water rights settlements, 

11 $47,380,000, to remain available until expended. 

12 INDIAN LAND CONSOLIDATION, BIA

13 For consolidation of fractional interests in Indian 

14 lands and expenses associated with redetermining and re15 distributing escheated interests in allotted lands, and for 

16 necessary expenses to carry out the Indian Land Consolida17 tion Act of 1983, as amended, by direct expenditure or coop18 erative agreement, $3,000,000, to remain available until ex19 pended. 

20 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

21 For the cost of guaranteed loans and insured loans, 

22 $8,215,000, of which $1,629,000 is for administrative ex23 penses, as authorized by the Indian Financing Act of 1974, 

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

25 of modifying such loans, shall be as defined in section 502 
32 

† HR 2996 EAS 

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

2 That these funds are available to subsidize total loan prin3 cipal, any part of which is to be guaranteed or insured, 

4 not to exceed $93,807,956. 

5 ADMINISTRATIVE PROVISIONS

6 The Bureau of Indian Affairs may carry out the oper7 ation of Indian programs by direct expenditure, contracts, 

8 cooperative agreements, compacts and grants, either di9 rectly or in cooperation with States and other organiza10 tions. 

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

12 Affairs may contract for services in support of the manage13 ment, operation, and maintenance of the Power Division 

14 of the San Carlos Irrigation Project. 

15 Appropriations for the Bureau of Indian Affairs (ex16 cept the Revolving Fund for Loans Liquidating Account, 

17 Indian Loan Guaranty and Insurance Fund Liquidating 

18 Account, Indian Guaranteed Loan Financing Account, In19 dian Direct Loan Financing Account, and the Indian 

20 Guaranteed Loan Program account) shall be available for 

21 expenses of exhibits. 

22 Notwithstanding any other provision of law, no funds 

23 available to the Bureau of Indian Affairs for central office 

24 oversight and Executive Direction and Administrative 

25 Services (except executive direction and administrative 
33 

† HR 2996 EAS 

1 services funding for Tribal Priority Allocations, regional of2 fices, and facilities operations and maintenance) shall be 

3 available for contracts, grants, compacts, or cooperative 

4 agreements with the Bureau of Indian Affairs under the 

5 provisions of the Indian Self-Determination Act or the 

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

7 In the event any tribe returns appropriations made 

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

9 action shall not diminish the Federal Government’s trust 

10 responsibility to that tribe, or the government-to-govern11 ment relationship between the United States and that tribe, 

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

13 Notwithstanding any other provision of law, no funds 

14 available to the Bureau, other than the amounts provided 

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

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

17 elementary or secondary school in the State of Alaska. 

18 Appropriations made available in this or any other 

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

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

21 1, 1996. No funds available to the Bureau shall be used to 

22 support expanded grades for any school or dormitory be23 yond the grade structure in place or approved by the Sec24 retary of the Interior at each school in the Bureau school 

25 system as of October 1, 1995. Funds made available under 
34 

† HR 2996 EAS 

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

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

3 1146 of the Education Amendments of 1978 (25 U.S.C. 

4 2026)), except that a charter school that is in existence on 

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

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

7 continue to operate during that period, but only if the char8 ter school pays to the Bureau a pro rata share of funds 

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

10 property (including buses and vans), the funds of the char11 ter school are kept separate and apart from Bureau funds, 

12 and the Bureau does not assume any obligation for charter 

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

14 if the charter school loses such funding. Employees of Bu15 reau-funded schools sharing a campus with a charter school 

16 and performing functions related to the charter schools op17 eration and employees of a charter school shall not be treat18 ed as Federal employees for purposes of chapter 171 of title 

19 28, United States Code. 

20 Notwithstanding any other provision of law, including 

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

22 113, if in fiscal year 2003 or 2004 a grantee received indi23 rect and administrative costs pursuant to a distribution 

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

25 Secretary shall continue to distribute indirect and adminis-
35 

† HR 2996 EAS 

1 trative cost funds to such grantee using the section 5(f) dis2 tribution formula. 

3 DEPARTMENTAL OFFICES

4 OFFICE OF THE SECRETARY

5 SALARIES AND EXPENSES

6 For necessary expenses for management of the Depart7 ment of the Interior, $118,836,000; of which not to exceed 

8 $25,000 may be for official reception and representation ex9 penses; and of which up to $1,000,000 shall be available 

10 for workers compensation payments and unemployment 

11 compensation payments associated with the orderly closure 

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

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

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

15 6901–6907) may be retained for administrative expenses of 

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

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

18 otherwise eligible units of local government if the computed 

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

20 That for fiscal years 2008 through 2012 the Secretary may 

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

22 as amended, for an individual county by the amount nec23 essary to correct prior year overpayments to that county: 

24 Provided further, That for fiscal years 2008 through 2012 

25 the amount needed to correct a prior year underpayment 
36 

† HR 2996 EAS 

1 to an individual county shall be paid from any reductions 

2 for overpayments to other counties and the amount nec3 essary to cover any remaining underpayment is hereby ap4 propriated and shall be paid to individual counties using 

5 current fiscal year funds. 

6 INSULAR AFFAIRS

7 ASSISTANCE TO TERRITORIES

8 For expenses necessary for assistance to territories 

9 under the jurisdiction of the Department of the Interior, 

10 $81,095,000, of which: (1) $71,815,000 shall remain avail11 able until expended for technical assistance, including 

12 maintenance assistance, disaster assistance, insular man13 agement controls, coral reef initiative activities, and brown 

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

15 American Samoa for compensation and expenses, as au16 thorized by law (48 U.S.C. 1661(c)); grants to the Govern17 ment of American Samoa, in addition to current local reve18 nues, for construction and support of governmental func19 tions; grants to the Government of the Virgin Islands as 

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

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

22 Northern Mariana Islands as authorized by law (Public 

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

24 available until September 30, 2011 for salaries and ex25 penses of the Office of Insular Affairs: Provided, That all 
37 

† HR 2996 EAS 

1 financial transactions of the territorial and local govern2 ments herein provided for, including such transactions of 

3 all agencies or instrumentalities established or used by such 

4 governments, may be audited by the Government Account5 ability Office, at its discretion, in accordance with chapter 

6 35 of title 31, United States Code: Provided further, That 

7 Northern Mariana Islands Covenant grant funding shall be 

8 provided according to those terms of the Agreement of the 

9 Special Representatives on Future United States Financial 

10 Assistance for the Northern Mariana Islands approved by 

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

12 the program of operations and maintenance improvement 

13 are appropriated to institutionalize routine operations and 

14 maintenance improvement of capital infrastructure with 

15 territorial participation and cost sharing to be determined 

16 by the Secretary based on the grantee’s commitment to time17 ly maintenance of its capital assets: Provided further, That 

18 any appropriation for disaster assistance under this head19 ing in this Act or previous appropriations Acts may be used 

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

21 mitigation grants provided pursuant to section 404 of the 

22 Robert T. Stafford Disaster Relief and Emergency Assist23 ance Act (42 U.S.C. 5170c): Provided further, That at the 

24 request of the Governor of Guam, the Secretary may trans25 fer any mandatory or discretionary funds appropriated, in-
38 

† HR 2996 EAS 

1 cluding those provided under Public Law 104–134, to the 

2 Secretary of Agriculture for the subsidy cost of direct or 

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

4 of the subsidy transferred for the cost of loan administra5 tion, for the purposes authorized by the Rural Electrifica6 tion Act of 1936 and section 306(a)(1) of the Consolidated 

7 Farm and Rural Development Act for construction and re8 pair projects in Guam, and such funds shall remain avail9 able until expended: Provided further, That such costs, in10 cluding the cost of modifying such loans, shall be as defined 

11 in section 502 of the Congressional Budget Act of 1974: Pro12 vided further, That such loans or loan guarantees may be 

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

14 elsewhere requirements, and restrictions on the types of eli15 gible entities under the Rural Electrification Act of 1936 

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

17 Development Act: Provided further, That any funds trans18 ferred to the Secretary of Agriculture shall be in addition 

19 to funds otherwise made available to make or guarantee 

20 loans under such authorities. 

21 COMPACT OF FREE ASSOCIATION

22 For grants and necessary expenses, $5,318,000, to re23 main available until expended, as provided for in sections 

24 221(a)(2), 221(b), and 233 of the Compact of Free Associa25 tion for the Republic of Palau; and section 221(a)(2) of the 
39 

† HR 2996 EAS 

1 Compacts of Free Association for the Government of the Re2 public of the Marshall Islands and the Federated States of 

3 Micronesia, as authorized by Public Law 99–658 and Pub4 lic Law 108–188: Provided further, That at the request of 

5 the Governor of Guam, the Secretary may transfer any 

6 mandatory or discretionary funds appropriated, including 

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

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

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

10 amount of the subsidy transferred for the cost of loan ad11 ministration, for the purposes authorized by the Rural Elec12 trification Act of 1936 and section 306(a)(1) of the Consoli13 dated Farm and Rural Development Act for construction 

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

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

16 including the cost of modifying such loans, shall be as de17 fined in section 502 of the Congressional Budget Act of 

18 1974: Provided further, That such loans or loan guarantees 

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

20 credit elsewhere requirements, and restrictions on the types 

21 of eligible entities under the Rural Electrification Act of 

22 1936 and section 306(a)(1) of the Consolidated Farm and 

23 Rural Development Act: Provided further, That any funds 

24 transferred to the Secretary of Agriculture shall be in addi-
40 

† HR 2996 EAS 

1 tion to funds otherwise made available to make or guar2 antee loans under such authorities. 

3 OFFICE OF THE SOLICITOR

4 SALARIES AND EXPENSES

5 For necessary expenses of the Office of the Solicitor, 

6 $65,076,000. 

7 OFFICE OF INSPECTOR GENERAL

8 SALARIES AND EXPENSES

9 For necessary expenses of the Office of Inspector Gen10 eral, $48,590,000. 

11 OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN

12 INDIANS

13 FEDERAL TRUST PROGRAMS

14 (INCLUDING TRANSFER OF FUNDS)

15 For the operation of trust programs for Indians by di16 rect expenditure, contracts, cooperative agreements, com17 pacts, and grants, $185,984,000, to remain available until 

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

19 any other Act, shall be available for historical accounting, 

20 and of which $1,500,000 shall be available for the estate 

21 planning assistance program under section 207(f) of the In22 dian Land Consolidation Act (25 U.S.C. 2206(f)): Pro23 vided, That funds for trust management improvements and 

24 litigation support may, as needed, be transferred to or 

25 merged with the Bureau of Indian Affairs, ‘‘Operation of 
41 

† HR 2996 EAS 

1 Indian Programs’’ account; the Office of the Solicitor, ‘‘Sal2 aries and Expenses’’ account; and the Office of the Sec3 retary, ‘‘Salaries and Expenses’’ account: Provided further, 

4 That funds made available through contracts or grants obli5 gated during fiscal year 2010, as authorized by the Indian 

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

7 shall remain available until expended by the contractor or 

8 grantee: Provided further, That, notwithstanding any other 

9 provision of law, the statute of limitations shall not com10 mence to run on any claim, including any claim in litiga11 tion pending on the date of the enactment of this Act, con12 cerning losses to or mismanagement of trust funds, until 

13 the affected tribe or individual Indian has been furnished 

14 with an accounting of such funds from which the bene15 ficiary can determine whether there has been a loss: Pro16 vided further, That, notwithstanding any other provision 

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

18 quarterly statement of performance for any Indian trust ac19 count that has not had activity for at least 18 months and 

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

21 Secretary shall issue an annual account statement and 

22 maintain a record of any such accounts and shall permit 

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

24 express written request of the account holder: Provided fur25 ther, That not to exceed $50,000 is available for the Sec-
42 

† HR 2996 EAS 

1 retary to make payments to correct administrative errors 

2 of either disbursements from or deposits to Individual In3 dian Money or Tribal accounts after September 30, 2002: 

4 Provided further, That erroneous payments that are recov5 ered shall be credited to and remain available in this ac6 count for this purpose. 

7 DEPARTMENT-WIDE PROGRAMS

8 WILDLAND FIRE MANAGEMENT

9 (INCLUDING TRANSFERS OF FUNDS)

10 For necessary expenses for fire preparedness, suppres11 sion operations, fire science and research, emergency reha12 bilitation, hazardous fuels reduction, and rural fire assist13 ance by the Department of the Interior, $904,637,000, to 

14 remain available until expended, of which not to exceed 

15 $6,137,000 shall be for the renovation or construction of fire 

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

17 repayment of advances to other appropriation accounts 

18 from which funds were previously transferred for such pur19 poses: Provided further, That persons hired pursuant to 43 

20 U.S.C. 1469 may be furnished subsistence and lodging with21 out cost from funds available from this appropriation: Pro22 vided further, That notwithstanding 42 U.S.C. 1856d, sums 

23 received by a bureau or office of the Department of the Inte24 rior for fire protection rendered pursuant to 42 U.S.C. 1856 

25 et seq., protection of United States property, may be cred-
43 

† HR 2996 EAS 

1 ited to the appropriation from which funds were expended 

2 to provide that protection, and are available without fiscal 

3 year limitation: Provided further, That using the amounts 

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

5 Interior may enter into procurement contracts, grants, or 

6 cooperative agreements, for hazardous fuels reduction ac7 tivities, and for training and monitoring associated with 

8 such hazardous fuels reduction activities, on Federal land, 

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

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

11 of implementing any cooperative agreement between the 

12 Federal Government and any non-Federal entity may be 

13 shared, as mutually agreed on by the affected parties: Pro14 vided further, That notwithstanding requirements of the 

15 Competition in Contracting Act, the Secretary, for purposes 

16 of hazardous fuels reduction activities, may obtain max17 imum practicable competition among: (1) local private, 

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

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

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

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

22 entities that will hire or train locally a significant percent23 age, defined as 50 percent or more, of the project workforce 

24 to complete such contracts: Provided further, That in imple25 menting this section, the Secretary shall develop written 
44 

† HR 2996 EAS 

1 guidance to field units to ensure accountability and con2 sistent application of the authorities provided herein: Pro3 vided further, That funds appropriated under this head 

4 may be used to reimburse the United States Fish and Wild5 life Service and the National Marine Fisheries Service for 

6 the costs of carrying out their responsibilities under the En7 dangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to 

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

9 in connection with wildland fire management activities: 

10 Provided further, That the Secretary of the Interior may 

11 use wildland fire appropriations to enter into non-competi12 tive sole source leases of real property with local govern13 ments, at or below fair market value, to construct capital14 ized improvements for fire facilities on such leased prop15 erties, including but not limited to fire guard stations, re16 tardant stations, and other initial attack and fire support 

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

18 or for construction activity associated with the lease: Pro19 vided further, That the Secretary of the Interior and the 

20 Secretary of Agriculture may authorize the transfer of funds 

21 appropriated for wildland fire management, in an aggre22 gate amount not to exceed $10,000,000, between the Depart23 ments when such transfers would facilitate and expedite 

24 jointly funded wildland fire management programs and 

25 projects: Provided further, That funds provided for wildfire 
45 

† HR 2996 EAS 

1 suppression shall be available for support of Federal emer2 gency response actions. 

3 CENTRAL HAZARDOUS MATERIALS FUND

4 For necessary expenses of the Department of the Inte5 rior and any of its component offices and bureaus for the 

6 response action, including associated activities, performed 

7 pursuant to the Comprehensive Environmental Response, 

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

9 9601 et seq.), $10,175,000, to remain available until ex10 pended: Provided, That Public Law 110–161 (121 Stat. 

11 2116) under this heading is amended by striking ‘‘in ad12 vance of or as reimbursement for remedial action or re13 sponse activities conducted by the Department pursuant to 

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

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

16 NATURAL RESOURCE DAMAGE ASSESSMENT AND

17 RESTORATION

18 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

19 To conduct natural resource damage assessment and 

20 restoration activities by the Department of the Interior nec21 essary to carry out the provisions of the Comprehensive En22 vironmental Response, Compensation, and Liability Act, as 

23 amended (42 U.S.C. 9601 et seq.), the Federal Water Pollu24 tion Control Act, as amended (33 U.S.C. 1251 et seq.), the 

25 Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and Pub-
46 

† HR 2996 EAS 

1 lic Law 101–337, as amended (16 U.S.C. 19jj et seq.), 

2 $6,462,000, to remain available until expended. 

3 WORKING CAPITAL FUND

4 For the acquisition of a departmental financial and 

5 business management system and information technology 

6 improvements of general benefit to the Department, 

7 $85,823,000, to remain available until expended: Provided, 

8 That none of the funds in this Act or previous appropria9 tions Acts may be used to establish reserves in the Working 

10 Capital Fund account other than for accrued annual leave 

11 and depreciation of equipment without prior approval of 

12 the House and Senate Committees on Appropriations: Pro13 vided further, That the Secretary may assess reasonable 

14 charges to State, local and tribal government employees for 

15 training services provided by the National Indian Program 

16 Training Center, other than training related to Public Law 

17 93–638: Provided further, That the Secretary may lease or 

18 otherwise provide space and related facilities, equipment or 

19 professional services of the National Indian Program 

20 Training Center to State, local and tribal government em21 ployees or persons or organizations engaged in cultural, 

22 educational, or recreational activities (as defined in 40 

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

24 facilities, equipment, or services in the vicinity of the Na25 tional Indian Program Training Center: Provided further, 
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1 That all funds received pursuant to the two preceding pro2 visos shall be credited to this account, shall be available 

3 until expended, and shall be used by the Secretary for nec4 essary expenses of the National Indian Program Training 

5 Center. 

6 ADMINISTRATIVE PROVISION

7 There is hereby authorized for acquisition from avail8 able resources within the Working Capital Fund, 15 air9 craft, 10 of which shall be for replacement and which may 

10 be obtained by donation, purchase or through available ex11 cess surplus property: Provided, That existing aircraft 

12 being replaced may be sold, with proceeds derived or trade13 in value used to offset the purchase price for the replacement 

14 aircraft. 

15 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

16 EMERGENCY TRANSFER AUTHORITY—INTRA-BUREAU

17 (INCLUDING TRANSFERS OF FUNDS)

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

19 available for expenditure or transfer (within each bureau 

20 or office), with the approval of the Secretary, for the emer21 gency reconstruction, replacement, or repair of aircraft, 

22 buildings, utilities, or other facilities or equipment dam23 aged or destroyed by fire, flood, storm, or other unavoidable 

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

25 under this authority until funds specifically made available 
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1 to the Department of the Interior for emergencies shall have 

2 been exhausted. 

3 EMERGENCY TRANSFER AUTHORITY—DEPARTMENT-WIDE

4 SEC. 102. The Secretary may authorize the expendi5 ture or transfer of any no year appropriation in this title, 

6 for the suppression or emergency prevention of wildland 

7 fires on or threatening lands under the jurisdiction of the 

8 Department of the Interior; for the emergency rehabilitation 

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

10 actions related to potential or actual earthquakes, floods, 

11 volcanoes, storms, or other unavoidable causes; for contin12 gency planning subsequent to actual oil spills; for response 

13 and natural resource damage assessment activities related 

14 to actual oil spills; for the prevention, suppression, and con15 trol of actual or potential grasshopper and Mormon cricket 

16 outbreaks on lands under the jurisdiction of the Secretary, 

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

18 99–198 (99 Stat. 1658); for emergency reclamation projects 

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

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

21 Mining Reclamation and Enforcement, such funds as may 

22 be necessary to permit assumption of regulatory authority 

23 in the event a primacy State is not carrying out the regu24 latory provisions of the Surface Mining Act: Provided, That 

25 appropriations made in this title for wildland fire oper-
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1 ations shall be available for the payment of obligations in2 curred during the preceding fiscal year, and for reimburse3 ment to other Federal agencies for destruction of vehicles, 

4 aircraft, or other equipment in connection with their use 

5 for wildland fire operations, such reimbursement to be cred6 ited to appropriations currently available at the time of 

7 receipt thereof: Provided further, That for wildland fire op8 erations, no funds shall be made available under this au9 thority until the Secretary determines that funds appro10 priated for ‘‘wildland fire operations’’ shall be exhausted 

11 within 30 days: Provided further, That all funds used pur12 suant to this section must be replenished by a supplemental 

13 appropriation which must be requested as promptly as pos14 sible: Provided further, That such replenishment funds shall 

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

16 which emergency funds were transferred. 

17 AUTHORIZED USE OF FUNDS

18 SEC. 103. Appropriations made to the Department of 

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

20 authorized by 5 U.S.C. 3109, when authorized by the Sec21 retary, in total amount not to exceed $500,000; purchase 

22 and replacement of motor vehicles, including specially 

23 equipped law enforcement vehicles; hire, maintenance, and 

24 operation of aircraft; hire of passenger motor vehicles; pur25 chase of reprints; payment for telephone service in private 
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1 residences in the field, when authorized under regulations 

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

3 authorized by the Secretary, for library membership in soci4 eties or associations which issue publications to members 

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

6 who are not members. 

7 AUTHORIZED USE OF FUNDS

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

9 headings Bureau of Indian Affairs and Office of the Special 

10 Trustee for American Indians and any unobligated bal11 ances from prior appropriations Acts made under the same 

12 headings shall be available for expenditure or transfer for 

13 Indian trust management and reform activities. Total 

14 funding for historical accounting activities shall not exceed 

15 amounts specifically designated in this Act for such pur16 pose. 

17 REDISTRIBUTION OF FUNDS

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

19 the Secretary of the Interior is authorized to redistribute 

20 any Tribal Priority Allocation funds, including tribal base 

21 funds, to alleviate tribal funding inequities by transferring 

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

23 overlapping service areas or inaccurate distribution meth24 odologies. No federally recognized tribe shall receive a reduc25 tion in Tribal Priority Allocation funds of more than 10 
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1 percent in fiscal year 2010. Under circumstances of dual 

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

4 apply. 

5 TWIN CITIES RESEARCH CENTER

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

7 in conveying the Twin Cities Research Center under the au8 thority provided by Public Law 104–134, as amended by 

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

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

11 Secretary may retain and use any such reimbursement 

12 until expended and without further appropriation: (1) for 

13 the benefit of the National Wildlife Refuge System within 

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

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

16 PAYMENT OF FEES

17 SEC. 107. The Secretary of the Interior may use discre18 tionary funds to pay private attorney fees and costs for em19 ployees and former employees of the Department of the Inte20 rior reasonably incurred in connection with Cobell v. Sala21 zar to the extent that such fees and costs are not paid by 

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

23 case shall the Secretary make payments under this section 

24 that would result in payment of hourly fees in excess of 
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1 the highest hourly rate approved by the District Court for 

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

3 ELLIS, GOVERNORS, AND LIBERTY ISLANDS

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

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

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

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

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

9 and maintaining facilities in the support of transportation 

10 and accommodation of visitors to Ellis, Governors, and Lib11 erty Islands, and of other program and administrative ac12 tivities, by donation or with appropriated funds, including 

13 franchise fees (and other monetary consideration), or by ex14 change; and the Secretary is authorized to negotiate and 

15 enter into leases, subleases, concession contracts or other 

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

17 conditions as the Secretary may determine reasonable. 

18 PROHIBITION ON USE OF FUNDS

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

20 & California Railroad Company’s Right of Way for convey21 ance of water shall not proceed unless the Secretary of the 

22 Interior certifies that the proposed new use is within the 

23 scope of the Right of Way. 

24 (b) No funds appropriated or otherwise made available 

25 to the Department of the Interior may be used, in relation 
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1 to any proposal to store water underground for the purpose 

2 of export, for approval of any right-of-way or similar au3 thorization on the Mojave National Preserve or lands man4 aged by the Needles Field Office of the Bureau of Land Man5 agement, or for carrying out any activities associated with 

6 such right-of-way or similar approval. 

7 USE OF COOPERATIVE AGREEMENTS

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

9 thereafter, the Secretary of the Interior may enter into coop10 erative agreements with a State or political subdivision (in11 cluding any agency thereof), or any not-for-profit organiza12 tion if the agreement will: (1) serve a mutual interest of 

13 the parties to the agreement in carrying out the programs 

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

15 all parties will contribute resources to the accomplishment 

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

17 agreements shall not be subject to a competitive process. 

18 CONFORMING AMENDMENT

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

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

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

22 apply to any lease authorizing exploration for or develop23 ment of coal, any other solid mineral, or any geothermal 

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

25 easement, right of way, or other agreement, regardless of 
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1 form, for use of the Outer Continental Shelf or any of its 

2 resources under sections 8(k) or 8(p) of the Outer Conti3 nental Shelf Lands Act (43 U.S.C. 1337(k) and 1337(p)) 

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

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

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

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

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

9 applicable regulation. 

10 PROHIBITION ON USE OF FUNDS, POINT REYES NATIONAL

11 SEASHORE

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

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

14 Reyes National Seashore below the number as of the date 

15 of enactment of this Act. 

16 OUTER CONTINENTAL SHELF INSPECTION FEES

17 SEC. 113. (a) In fiscal year 2010, the Minerals Man18 agement Service (MMS) shall collect a non-refundable in19 spection fee, which shall be deposited in the ‘‘Royalty and 

20 Offshore Minerals Management’’ account, from the des21 ignated operator for facilities subject to inspection by MMS 

22 under 43 U.S.C. 1348(c) that are above the waterline, ex23 cept mobile offshore drilling units, and are in place at the 

24 start of fiscal year 2010. 

25 (b) Fees for 2010 shall be: 
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1 (1) $2,000 for facilities with no wells, but with 

2 processing equipment or gathering lines; 

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

4 with any combination of active or inactive wells; and 

5 (3) $6,000 for facilities with more than ten wells, 

6 with any combination of active or inactive wells. 

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

8 of enactment of this Act, with payment required within 30 

9 days of billing. 

10 YOSEMITE NATIONAL PARK AUTHORIZED PAYMENTS, 

11 AMENDMENT

12 SEC. 114. Section 101(a)(1) of Public Law 109–131 

13 is amended by striking ‘‘2009’’ and inserting ‘‘2013’’. 

14 NORTHERN PLAINS HERITAGE AREA, AMENDMENT

15 SEC. 115. Section 8004 of the Omnibus Public Land 

16 Management Act of 2009 (Public Law 111–11; 123 Stat. 

17 1240) is amended— 

18 (1) by redesignating subsections (g) through (i) 

19 as subsections (h) through (j), respectively; 

20 (2) in subsection (h)(1) (as redesignated by 

21 paragraph (1)), in the matter preceding subpara22 graph (A), by striking ‘‘subsection (i)’’ and inserting 

23 ‘‘subsection (j)’’; and 

24 (3) by inserting after subsection (f) the following: 
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1 ‘‘(g) REQUIREMENTS FOR INCLUSION AND REMOVAL

2 OF PROPERTY IN HERITAGE AREA.— 

3 ‘‘(1) PRIVATE PROPERTY INCLUSION.—No pri4 vately owned property shall be included in the Herit5 age Area unless the owner of the private property pro6 vides to the management entity a written request for 

7 the inclusion. 

8 ‘‘(2) PROPERTY REMOVAL.— 

9 ‘‘(A) PRIVATE PROPERTY.—At the request of 

10 an owner of private property included in the 

11 Heritage Area pursuant to paragraph (1), the 

12 private property shall be immediately with13 drawn from the Heritage Area if the owner of 

14 the property provides to the management entity 

15 a written notice requesting removal. 

16 ‘‘(B) PUBLIC PROPERTY.—On written no17 tice from the appropriate State or local govern18 ment entity, public property included in the 

19 Heritage Area shall be immediately withdrawn 

20 from the Heritage Area.’’. 

21 PEARL HARBOR NAVAL COMPLEX, JOINT TICKETING

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

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

24 attraction’’ mean a historic attraction within the 

25 Pearl Harbor Naval Complex, including— 
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1 (A) the USS Bowfin Submarine Museum 

2 and Park; 

3 (B) the Battleship Missouri Memorial; 

4 (C) the Pacific Aviation Museum-Pearl 

5 Harbor; and 

6 (D) any other historic attraction within the 

7 Pearl Harbor Naval Complex that— 

8 (i) the Secretary identifies as a Pearl 

9 Harbor historic attraction; and 

10 (ii) is not administered or managed by 

11 the Secretary. 

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

13 the Word War II Valor in the Pacific National Monu14 ment in the State of Hawaii. 

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

16 the Secretary of the Interior. 

17 (4) VISITOR CENTER.—The term ‘‘Visitor Cen18 ter’’ means the visitor center located within the Pearl 

19 Harbor Naval Complex on land that is— 

20 (A) within the Monument; and 

21 (B) managed by the Secretary, acting 

22 through the Director of the National Park Serv23 ice. 

24 (b) FACILITATION OF ADMISSION TO HISTORIC AT25 TRACTIONS WITHIN PEARL HARBOR NAVAL COMPLEX.— 
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1 (1) IN GENERAL.—In managing the Monument, 

2 the Secretary may enter into an agreement with any 

3 organization that is authorized to administer or man4 age a historic attraction— 

5 (A) to allow visitors to the historic attrac6 tion to gain access to the historic attraction by 

7 passing through security screening at the Visitor 

8 Center; and 

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

10 attraction within the Visitor Center by— 

11 (i) employees of the National Park 

12 Service; or 

13 (ii) the organization that administers 

14 or manages the historic attraction. 

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

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

17 (A) shall require the organization admin18 istering or managing the historic attraction to 

19 pay to the Secretary a reasonable fee to recover 

20 administrative costs of the Secretary associated 

21 with the use of the Visitor Center for public ac22 cess and ticket sales; 

23 (B) shall ensure that the liability of the 

24 United States is limited with respect to any li25 ability arising from— 
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1 (i) the admission of the public through 

2 the Visitor Center to a historic attraction; 

3 and 

4 (ii) the sale or issuance of any tickets 

5 to the historic attraction; and 

6 (C) may include any other terms and con7 ditions that the Secretary determines to be ap8 propriate. 

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

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

11 available, without further appropriation, for use by 

12 the Secretary for the Monument. 

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

14 section authorizes the Secretary— 

15 (A) to regulate or approve the rates for ad16 mission to a historic attraction; 

17 (B) to regulate or manage any visitor serv18 ices within the Pearl Harbor Naval Complex 

19 (other than the services managed by the National 

20 Park Service as part of the Monument); or 

21 (C) to charge an entrance fee for admission 

22 to the Monument. 

23 (5) PROTECTION OF RESOURCES.—Nothing in 

24 this section authorizes the Secretary or any organiza25 tion that administers or manages a historic attrac-
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1 tion to take any action in derogation of the preserva2 tion and protection of the values and resources of the 

3 Monument. 

4 ASSISTANCE FOR THE REPUBLIC OF PALAU

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

6 the Secretary of the Interior shall provide to the Govern7 ment of Palau for fiscal year 2010 grants in amounts equal 

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

9 (d) of section 211 of the Compact of Free Association be10 tween the Government of the United States of America and 

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

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

13 (b) PROGRAMMATIC ASSISTANCE.—Subject to sub14 section (c), the United States shall provide programmatic 

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

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

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

18 (c) LIMITATIONS ON ASSISTANCE.— 

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

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

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

22 manner as the grants and assistance were provided in 

23 fiscal year 2009. 

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

25 withdraws more than $5,000,000 from the trust fund 
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1 established under section 211(f) of the Compact, 

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

3 shall be withheld from the Government of Palau. 

4 GOLDEN GATE NATIONAL RECREATION AREA, FORT BAKER

5 AMENDMENT

6 SEC. 118. Section 120 of title I of H.R. 3423 (Appen7 dix C) as enacted into law by section 1000(a)(3) of division 

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

9 sentence. 

10 THEODORE ROOSEVELT NATIONAL PARK, ELK REDUCTION

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

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

13 the number of elk in Theodore Roosevelt National Park un14 less such plan, notwithstanding any other provision of law, 

15 allows North Dakota residents possessing a State hunting 

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

17 numbers as the Secretary deems sufficient for purposes of 

18 culling the elk herd at the Park, and allows each such volun19 teer to cull one elk and remove its carcass from the Park. 

20 POINT REYES NATIONAL SEASHORE, EXTENSION OF PERMIT

21 SEC. 120. Prior to the expiration on November 30, 

22 2012 of the Drake’s Bay Oyster Company’s Reservation of 

23 Use and Occupancy and associated special use permit (‘‘ex24 isting authorization’’) within Drake’s Estero at Point Reyes 

25 National Seashore, notwithstanding any other provision of 
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1 law, the Secretary of the Interior is authorized to issue a 

2 special use permit with the same terms and conditions as 

3 the existing authorization, except as provided herein, for a 

4 period of 10 years from November 30, 2012: Provided, That 

5 such extended authorization is subject to annual payments 

6 to the United States based on the fair market value of the 

7 use of the Federal property for the duration of such renewal. 

8 The Secretary shall take into consideration recommenda9 tions of the National Academy of Sciences Report per10 taining to shellfish mariculture in Point Reyes National 

11 Seashore before modifying any terms and conditions of the 

12 extended authorization. 

13 CONTRIBUTION AUTHORITY

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

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

16 by deleting ‘‘in fiscal years 2008 and 2009 only’’ and in17 serting ‘‘in fiscal years 2008, 2009 and 2010 only’’. 

18 NATIONAL PARK SYSTEM, SPECIAL RESOURCE STUDY

19 SEC. 122. (a) IN GENERAL.—The Secretary of the In20 terior (referred to in this section as the ‘‘Secretary’’) shall 

21 conduct a special resource study of the national signifi22 cance, suitability, and feasibility of including the 

23 Honouliuli Gulch and associated sites within the State of 

24 Hawaii in the National Park System. 
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1 (b) GUIDELINES.—In conducting the study, the Sec2 retary shall use the criteria for the study of areas for poten3 tial inclusion in the National Park System described in sec4 tion 8 of Public Law 91–383 (16 U.S.C. 1a–5). 

5 (c) CONSULTATION.—In conducting the study, the Sec6 retary shall consult with— 

7 (1) the State of Hawaii; 

8 (2) appropriate Federal agencies; 

9 (3) Native Hawaiian and local government enti10 ties; 

11 (4) private and nonprofit organizations; 

12 (5) private land owners; and 

13 (6) other interested parties. 

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

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

16 located in the State of Hawaii with respect to— 

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

18 World War II; 

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

20 to the forcible internment of Japanese Americans, Eu21 ropean Americans, and other individuals; and 

22 (3) historic resources at the site. 

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

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

25 Committee on Natural Resources of the House of Represent-
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1 atives and the Committee on Energy and Natural Resources 

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

3 and recommendations of the study required under this sec4 tion. 

5 PROHIBITION ON USE OF FUNDS TO IMPEDE OPERATIONAL

6 CONTROL

7 SEC. 123. None of the funds made available by this 

8 Act may be used to impede, prohibit, or restrict activities 

9 of the Secretary of Homeland Security on public lands to 

10 achieve operational control (as defined in section 2(b) of 

11 the Secure Fence Act of 2006 (8 U.S.C. 1701 note; Public 

12 Law 109–367) over the international land and maritime 

13 borders of the United States. 

14 SEC. 124. Any owner of private property within an 

15 existing or new National Heritage Area may opt out of par16 ticipating in any plan, project, program, or activity con17 ducted within the National Heritage Area if the property 

18 owner provides written notice to the local coordinating enti19 ty. 

20 TITLE II 

21 ENVIRONMENTAL PROTECTION AGENCY 

22 SCIENCE AND TECHNOLOGY

23 For science and technology, including research and de24 velopment activities, which shall include research and devel25 opment activities under the Comprehensive Environmental 

26 Response, Compensation, and Liability Act of 1980, as 
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1 amended; necessary expenses for personnel and related costs 

2 and travel expenses; procurement of laboratory equipment 

3 and supplies; and other operating expenses in support of 

4 research and development, $842,799,000, to remain avail5 able until September 30, 2011. 

6 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

7 For environmental programs and management, in8 cluding necessary expenses, not otherwise provided for, for 

9 personnel and related costs and travel expenses; hire of pas10 senger motor vehicles; hire, maintenance, and operation of 

11 aircraft; purchase of reprints; library memberships in soci12 eties or associations which issue publications to members 

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

14 who are not members; administrative costs of the 

15 brownfields program under the Small Business Liability 

16 Relief and Brownfields Revitalization Act of 2002; and not 

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

18 expenses, $2,878,780,000, to remain available until Sep19 tember 30, 2011: Provided, That of the funds included under 

20 this heading, not less than $478,696,000 shall be for the Ge21 ographic Programs specified in the committee report accom22 panying this Act. 

23 OFFICE OF INSPECTOR GENERAL

24 For necessary expenses of the Office of Inspector Gen25 eral in carrying out the provisions of the Inspector General 
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1 Act of 1978, as amended, $44,791,000, to remain available 

2 until September 30, 2011. 

3 BUILDINGS AND FACILITIES

4 For construction, repair, improvement, extension, al5 teration, and purchase of fixed equipment or facilities of, 

6 or for use by, the Environmental Protection Agency, 

7 $35,001,000, to remain available until expended: Provided, 

8 That, at the discretion of the Administrator of the Environ9 mental Protection Agency, from the funds included under 

10 this heading, $500,000 may be made available for prelimi11 nary planning and design of a high-performance green 

12 building to consolidate the multiple offices and research fa13 cilities of the Environmental Protection Agency in Las 

14 Vegas, Nevada. 

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 
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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 
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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-
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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-
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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-
71 

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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 
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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 
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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: Provided further, That, not11 withstanding House Report 107–272, the amount of 

12 $1,000,000 made available to the Southeast Alabama Re13 gional Water Authority for a water facility project and the 

14 amount of $2,500,000 made available to the Alabama Re15 gional Water Authority for the Southwest Alabama Rural/ 

16 Municipal Water System may, at the discretion of the Ad17 ministrator, be made available to the city of Thomasville 

18 for those projects: Provided further, That, notwithstanding 

19 House Report 108–10, the amount of $450,000 made avail20 able to the Southwest Alabama Regional Water Authority 

21 for water infrastructure improvements may, at the discre22 tion of the Administrator, be made available to the city of 

23 Thomasville for that project: Provided further, That, not24 withstanding House Report 108–401, the amount of 

25 $450,000 made available to the Southwest Alabama Re-
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1 gional Water supply District for regional water supply dis2 tribution in Thomasville, Alabama, may, at the discretion 

3 of the Administrator, be made available to the city of Thom4 asville for that project: Provided further, That, notwith5 standing House Report 108–401, the amount of $2,000,000 

6 made available to the Tom Bevill Reservoir Management 

7 Area Authority for construction of a drinking water res8 ervoir in Fayette County, Alabama, may, at the discretion 

9 of the Administrator, be made available to Fayette County, 

10 Alabama, for water system upgrades: Provided further, 

11 That, notwithstanding the joint explanatory statement of 

12 the Committee on Appropriations of the House of Rep13 resentatives accompanying Public Law 111–8 (123 Stat. 

14 524), the amount of $500,000 made available to the San 

15 Bernardino Municipal Water District for the Inland Em16 pire alternative water supply project (as described in the 

17 table entitled ‘‘Congressionally Designated Spending’’ con18 tained in section 430 of that joint explanatory statement) 

19 may, at the discretion of the Administrator, be made avail20 able to the city of San Bernardino municipal water depart21 ment for that project: Provided further, That, notwith22 standing the joint explanatory statement of the Committee 

23 on Appropriations of the House of Representatives accom24 panying the Consolidated Appropriations Act, 2008 (Public 

25 Law 110–161; 121 Stat. 1844), from funds made available 
75 

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1 by that Act for the State and Tribal Assistance Grants pro2 gram, $170,800 may, at the discretion of the Administrator, 

3 be made available to the city of Prescott for a wastewater 

4 treatment plant construction project and $129,200 may, at 

5 the discretion of the Administrator, be made available to 

6 the city of Wichita for a storm water technology pilot 

7 project: Provided further, That, notwithstanding the joint 

8 explanatory statement of the Committee on Appropriations 

9 of the House of Representatives accompanying the Omnibus 

10 Appropriations Act, 2009 (Public Law 111–8; 123 Stat. 

11 524), the amount of $185,000 made available to the city 

12 of Manhattan for the sewer mainline extension project (as 

13 described in the table entitled ‘‘Congressionally Designated 

14 Spending’’ contained in section 430 of that joint explana15 tory statement) may, at the discretion of the Administrator, 

16 be made available to the city of Manhattan for a water 

17 mainline extension project: Provided further, That, notwith18 standing the joint explanatory statement of the Committee 

19 on Appropriations of the House of Representatives accom20 panying the Omnibus Appropriations Act, 2009 (Public 

21 Law 111–8; 123 Stat. 524), the amount of $290,000 made 

22 available to the Riley County Board of Commissioners for 

23 the Konza Sewer Main Extension project (as described in 

24 the table entitled ‘‘Congressionally Designated Spending’’ 

25 contained in section 430 of that joint explanatory state-
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1 ment) may, at the discretion of the Administrator, be made 

2 available to the city of Manhattan for the Konza Water 

3 Main Extension project: Provided further, That, notwith4 standing the joint explanatory statement of the Committee 

5 on Appropriations of the House of Representatives accom6 panying Public Law 111–8 (123 Stat. 524), the amount 

7 of $1,300,000 made available to the City of Warrensburg, 

8 Missouri for a drinking water and wastewater infrastruc9 ture project (as described in the table entitled ‘‘Congression10 ally Designated Spending’’ contained in section 430 of that 

11 joint explanatory statement) may, at the discretion of the 

12 Administrator, be made available to Johnson County, Mis13 souri for that project: Provided further, That, notwith14 standing the joint explanatory statement of the Committee 

15 on Appropriations of the House of Representatives accom16 panying Public Law 111–8 (123 Stat. 524), the amount 

17 of $1,000,000 made available to the City of Gravois Mills 

18 for wastewater infrastructure (as described in the table enti19 tled ‘‘Congressionally Designated Spending’’ contained in 

20 section 430 of that joint explanatory statement) may, at 

21 the discretion of the Administrator, be made available to 

22 the Gravois Arm Sewer District for that project: Provided 

23 further, That, notwithstanding the joint explanatory state24 ment of the Committee on Appropriations of the House of 

25 Representatives accompanying Public Law 111–8 (123 
77 

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1 Stat. 524), the amount of $500,000 made available to 

2 McDonald County, Missouri for a wastewater infrastruc3 ture expansion project (as described in the table entitled 

4 ‘‘Congressionally Designated Spending’’ contained in sec5 tion 430 of that joint explanatory statement) may, at the 

6 discretion of the Administrator, be made available to 

7 PWSD #1 of McDonald County, Missouri for that project: 

8 Provided further, That, notwithstanding the joint explana9 tory statement of the Committee on Appropriations of the 

10 House of Representatives accompanying Public Law 110– 

11 161 (121 Stat. 1844), the amount of $150,000 made avail12 able to the City of Hayti, Pemiscot Consolidated Public 

13 Water Supply District 1 for a Water Storage Tank (as de14 scribed in the section entitled ‘‘STAG Infrastructure 

15 Grants/Congressional Priorities’’ on page 1264 of the joint 

16 explanatory statement) may, at the discretion of the Ad17 ministrator, be made available to Pemiscot Consolidated 

18 Public Water Supply District 1 for a drinking water source 

19 protection infrastructure project: Provided further, That, 

20 notwithstanding the joint explanatory statement of the 

21 Committee on Appropriations of the House of Representa22 tives accompanying Public Law 111–8 (123 Stat. 524), the 

23 amount of $400,000 made available to the City of Lake 

24 Norden, South Dakota, for wastewater infrastructure im25 provements (as described in the table entitled ‘‘Congression-
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1 ally Designated Spending’’ contained in section 430 of that 

2 joint explanatory statement) may, at the discretion of the 

3 Administrator, be made available to the City of Lake 

4 Norden, South Dakota, for drinking water infrastructure 

5 improvements. 

6 ADMINISTRATIVE PROVISIONS, ENVIRONMENTAL

7 PROTECTION AGENCY

8 (INCLUDING 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 awarded 

20 from funds designated for State financial assistance agree21 ments. 

22 The Administrator of the Environmental Protection 

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

25 Federal Insecticide, Fungicide, and Rodenticide Act, as 
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1 amended by Public Law 110–94, the Pesticide Registration 

2 Improvement Renewal Act. 

3 The Administrator is authorized to transfer up to 50 

4 percent of the funds appropriated for the Great Lakes Ini5 tiative under the heading ‘‘Environmental Programs and 

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

7 agency, with the concurrence of such head, to carry out ac8 tivities that would support the Great Lakes Restoration Ini9 tiative and Great Lakes Water Quality Agreement pro10 grams, projects, or activities; to enter into an interagency 

11 agreement with the head of such Federal department or 

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

13 to governmental entities, nonprofit organizations, institu14 tions, and individuals for planning, research, monitoring, 

15 outreach, and implementation in furtherance of the Great 

16 Lakes Restoration Initiative and the Great Lakes Water 

17 Quality Agreement. 

18 From unobligated balances to carry out projects and 

19 activities funded through the State and Tribal Assistance 

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

21 Provided, That no amounts may be rescinded from amounts 

22 that were designated by Congress as an emergency require23 ment pursuant to the Concurrent Resolution on the Budget 

24 or the Balanced Budget and Emergency Deficit Control Act 

25 of 1985, as amended. 
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1 GENERAL PROVISIONS, ENVIRONMENTAL PROTECTION

2 AGENCY

3 BLACK CARBON

4 SEC. 201. (a) Not later than 18 months after the date 

5 of enactment of this Act, the Administrator, in consultation 

6 with other Federal agencies, may carry out and submit to 

7 Congress the results of a study to define black carbon, assess 

8 the impacts of black carbon on global and regional climate, 

9 and identify the most cost-effective ways to reduce black car10 bon emissions— 

11 (1) to improve global and domestic public health; 

12 and 

13 (2) to mitigate the climate impacts of black car14 bon. 

15 (b) In carrying out the study, the Administrator 

16 shall— 

17 (1) identify global and domestic black carbon 

18 sources, the quantities of emissions from those sources, 

19 and cost-effective mitigation technologies and strate20 gies; 

21 (2) evaluate the public health, climate, and eco22 nomic impacts of black carbon; 

23 (3) identify current and practicable future op24 portunities to provide financial, technical, and re-
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1 lated assistance to reduce domestic and international 

2 black carbon emissions; and 

3 (4) identify opportunities for future research and 

4 development to reduce black carbon emissions and 

5 protect public health in the United States and inter6 nationally. 

7 (c) Of the amounts made available under this title 

8 under the heading ‘‘ENVIRONMENTAL PROGRAMS AND MAN9 AGEMENT’’ for operations and administration, up to 

10 $2,000,000 shall be— 

11 (1) transferred to the account used to fund the 

12 Office of Air Quality Planning and Standards of the 

13 Environmental Protection Agency; and 

14 (2) used by the Administrator to carry out this 

15 section. 

16 TITLE III 

17 RELATED AGENCIES 

18 DEPARTMENT OF AGRICULTURE 

19 FOREST SERVICE

20 FOREST AND RANGELAND RESEARCH

21 For necessary expenses of forest and rangeland re22 search as authorized by law, $307,012,000, to remain avail23 able until expended: Provided, That of the funds provided, 

24 $66,939,000 is for the forest inventory and analysis pro25 gram. 
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1 STATE AND PRIVATE FORESTRY

2 For necessary expenses of cooperating with and pro3 viding technical and financial assistance to States, terri4 tories, possessions, and others, and for forest health manage5 ment, including treatments of pests, pathogens, and 

6 invasive or noxious plants and for restoring and rehabili7 tating forests damaged by pests or invasive plants, coopera8 tive forestry, and education and land conservation activi9 ties and conducting an international program as author10 ized, $276,946,000, to remain available until expended, as 

11 authorized by law; and of which $55,145,000 is to be de12 rived from the Land and Water Conservation Fund. 

13 NATIONAL FOREST SYSTEM

14 (INCLUDING TRANSFERS OF FUNDS)

15 For necessary expenses of the Forest Service, not other16 wise provided for, for management, protection, improve17 ment, and utilization of the National Forest System, 

18 $1,552,429,000, to remain available until expended, which 

19 shall include 50 percent of all moneys received during prior 

20 fiscal years as fees collected under the Land and Water Con21 servation Fund Act of 1965, as amended, in accordance 

22 with section 4 of the Act (16 U.S.C. 460l–6a(i)) and of 

23 which $2,000,000 may be made available to the Pest and 

24 Disease Revolving Loan Fund established by section 

25 10205(b) of the Food, Conservation, and Energy Act of 2008 
83 

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1 (16 U.S.C. 2104a(b)): Provided, That, through fiscal year 

2 2014, the Secretary of Agriculture may authorize the ex3 penditure or transfer of such sums as are necessary to the 

4 Secretary of the Interior for removal, preparation and 

5 adoption of excess wild horses and burros from National 

6 Forest System lands and for the performance of cadastral 

7 surveys to designate the boundaries of such lands: Provided 

8 further, That $282,617,000 shall be made available for 

9 recreation, heritage, and wilderness. 

10 CAPITAL IMPROVEMENT AND MAINTENANCE

11 (INCLUDING TRANSFER OF FUNDS)

12 For necessary expenses of the Forest Service, not other13 wise provided for, $513,418,000, to remain available until 

14 expended, for construction, capital improvement, mainte15 nance and acquisition of buildings and other facilities and 

16 infrastructure; and for construction, capital improvement, 

17 decommissioning, and maintenance of forest roads and 

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

19 538 and 23 U.S.C. 101 and 205: Provided, That 

20 $50,000,000 shall be designated for urgently needed road 

21 decommissioning, road and trail repair and maintenance 

22 and associated activities, and removal of fish passage bar23 riers, especially in areas where Forest Service roads may 

24 be contributing to water quality problems in streams and 

25 water bodies which support threatened, endangered or sen-
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1 sitive species or community water sources: Provided further, 

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

3 road maintenance shall be available for the decommis4 sioning of roads, including unauthorized roads not part of 

5 the transportation system, which are no longer needed: Pro6 vided further, That no funds shall be expended to decommis7 sion any system road until notice and an opportunity for 

8 public comment has been provided on each decommissioning 

9 project: Provided further, That the decommissioning of un10 authorized roads not part of the official transportation sys11 tem shall be expedited in response to threats to public safety, 

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

13 funds becoming available in fiscal year 2010 under the Act 

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

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

16 for transfer or obligation for any other purpose unless the 

17 funds are appropriated. 

18 LAND ACQUISITION

19 For expenses necessary to carry out the provisions of 

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

21 amended (16 U.S.C. 460l–4 through 11), including admin22 istrative expenses, and for acquisition of land or waters, 

23 or interest therein, in accordance with statutory authority 

24 applicable to the Forest Service, $67,784,000, to be derived 
85 

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1 from the Land and Water Conservation Fund and to re2 main available until expended. 

3 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

4 ACTS

5 For acquisition of lands within the exterior boundaries 

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

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

8 Bernardino, Sequoia, and Cleveland National Forests, Cali9 fornia, as authorized by law, $1,050,000, to be derived from 

10 forest receipts. 

11 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

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

13 funds deposited by State, county, or municipal govern14 ments, public school districts, or other public school authori15 ties, and for authorized expenditures from funds deposited 

16 by non-Federal parties pursuant to Land Sale and Ex17 change Acts, pursuant to the Act of December 4, 1967, as 

18 amended (16 U.S.C. 484a), to remain available until ex19 pended. (16 U.S.C. 4601–516–617a, 555a; Public Law 96– 

20 586; Public Law 76–589, 76–591; and 78–310). 

21 RANGE BETTERMENT FUND

22 For necessary expenses of range rehabilitation, protec23 tion, and improvement, 50 percent of all moneys received 

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

25 livestock on lands in National Forests in the 16 Western 
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1 States, pursuant to section 401(b)(1) of Public Law 94– 

2 579, as amended, to remain available until expended, of 

3 which not to exceed 6 percent shall be available for adminis4 trative expenses associated with on-the-ground range reha5 bilitation, protection, and improvements. 

6 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

7 RANGELAND RESEARCH

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

9 $50,000, to remain available until expended, to be derived 

10 from the fund established pursuant to the above Act. 

11 MANAGEMENT OF NATIONAL FOREST LANDS FOR

12 SUBSISTENCE USES

13 For necessary expenses of the Forest Service to manage 

14 Federal lands in Alaska for subsistence uses under title VIII 

15 of the Alaska National Interest Lands Conservation Act 

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

17 expended. 

18 WILDLAND FIRE MANAGEMENT

19 (INCLUDING TRANSFERS OF FUNDS)

20 For necessary expenses for forest fire presuppression 

21 activities on National Forest System lands, for emergency 

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

23 under fire protection agreement, hazardous fuels reduction 

24 on or adjacent to such lands, and for emergency rehabilita25 tion of burned-over National Forest System lands and 
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1 water, $1,817,637,000, to remain available until expended: 

2 Provided, That such funds including unobligated balances 

3 under this heading, are available for repayment of advances 

4 from other appropriations accounts previously transferred 

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

6 be available to reimburse State and other cooperating enti7 ties for services provided in response to wildfire and other 

8 emergencies or disasters to the extent such reimbursements 

9 by the Forest Service for non-fire emergencies are fully re10 paid by the responsible emergency management agency: 

11 Provided further, That, notwithstanding any other provi12 sion of law, $8,000,000 of funds appropriated under this 

13 appropriation shall be used for Fire Science Research in 

14 support of the Joint Fire Science Program: Provided fur15 ther, That all authorities for the use of funds, including the 

16 use of contracts, grants, and cooperative agreements, avail17 able to execute the Forest and Rangeland Research appro18 priation, are also available in the utilization of these funds 

19 for Fire Science Research: Provided further, That funds 

20 provided shall be available for emergency rehabilitation and 

21 restoration, hazardous fuels reduction activities in the 

22 urban-wildland interface, support to Federal emergency re23 sponse, and wildfire suppression activities of the Forest 

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

25 $340,285,000 is for hazardous fuels reduction activities, 
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1 $11,500,000 is for rehabilitation and restoration, 

2 $23,917,000 is for research activities and to make competi3 tive research grants pursuant to the Forest and Rangeland 

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

5 1641 et seq.), $56,250,000 is for State fire assistance, 

6 $9,000,000 is for volunteer fire assistance, $17,252,000 is 

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

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

9 Provided further, That amounts in this paragraph may be 

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

11 Forest System’’, and ‘‘Forest and Rangeland Research’’ ac12 counts to fund State fire assistance, volunteer fire assist13 ance, forest health management, forest and rangeland re14 search, the Joint Fire Science Program, vegetation and wa15 tershed management, heritage site rehabilitation, and wild16 life and fish habitat management and restoration: Provided 

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

18 this heading for hazardous fuels treatments may be trans19 ferred to and made a part of the ‘‘National Forest System’’ 

20 account at the sole discretion of the Chief of the Forest Serv21 ice 30 days after notifying the House and the Senate Com22 mittees on Appropriations: 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-
89 

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1 vided further, That in addition to funds provided for State 

2 Fire Assistance programs, and subject to all authorities 

3 available to the Forest Service under the State and Private 

4 Forestry Appropriation, up to $15,000,000 may be used on 

5 adjacent non-Federal lands for the purpose of protecting 

6 communities when hazard reduction activities are planned 

7 on national forest lands that have the potential to place 

8 such communities at risk: Provided further, That funds 

9 made available to implement the Community Forest Res10 toration Act, Public Law 106–393, title VI, shall be avail11 able for use on non-Federal lands in accordance with au12 thorities available to the Forest Service under the State and 

13 Private Forestry Appropriation: Provided further, That the 

14 Secretary of the Interior and the Secretary of Agriculture 

15 may authorize the transfer of funds appropriated for 

16 wildland fire management, in an aggregate amount not to 

17 exceed $10,000,000, between the Departments when such 

18 transfers would facilitate and expedite jointly funded 

19 wildland fire management programs and projects: Provided 

20 further, That of the funds provided for hazardous fuels re21 duction, not to exceed $10,000,000, may be used to make 

22 grants, using any authorities available to the Forest Service 

23 under the State and Private Forestry appropriation, for the 

24 purpose of creating incentives for increased use of biomass 

25 from national forest lands: Provided further, That funds 
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1 designated for wildfire suppression shall be assessed for cost 

2 pools on the same basis as such assessments are calculated 

3 against other agency programs. 

4 COLLABORATIVE FOREST LANDSCAPE RESTORATION FUND

5 For expenses authorized by section 4003(f) of the Om6 nibus Public Land Management Act of 2009 (16 U.S.C. 

7 7303(f)), $10,000,000, to remain available until expended. 

8 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

9 (INCLUDING TRANSFERS OF FUNDS)

10 Appropriations to the Forest Service for the current 

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

12 motor vehicles; acquisition of passenger motor vehicles from 

13 excess sources, and hire of such vehicles; purchase, lease, op14 eration, maintenance, and acquisition of aircraft from ex15 cess sources to maintain the operable fleet for use in Forest 

16 Service wildland fire programs and other Forest Service 

17 programs; notwithstanding other provisions of law, existing 

18 aircraft being replaced may be sold, with proceeds derived 

19 or trade-in value used to offset the purchase price for the 

20 replacement aircraft; (2) services pursuant to 7 U.S.C. 

21 2225, and not to exceed $100,000 for employment under 5 

22 U.S.C. 3109; (3) purchase, erection, and alteration of build23 ings and other public improvements (7 U.S.C. 2250); (4) 

24 acquisition of land, waters, and interests therein pursuant 

25 to 7 U.S.C. 428a; (5) for expenses pursuant to the Volun-
91 

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1 teers in the National Forest Act of 1972 (16 U.S.C. 558a, 

2 558d, and 558a note); (6) the cost of uniforms as authorized 

3 by 5 U.S.C. 5901–5902; and (7) for debt collection contracts 

4 in accordance with 31 U.S.C. 3718(c). 

5 Any appropriations or funds available to the Forest 

6 Service may be transferred to the Wildland Fire Manage7 ment appropriation for wildland firefighting, emergency re8 habilitation of burned-over or damaged lands or waters 

9 under its jurisdiction, and fire preparedness due to severe 

10 burning conditions upon notification of the Committees on 

11 Appropriations for the House of Representatives and Senate 

12 if the Secretary of Agriculture determines that all emer13 gency fire suppression funds appropriated under the head14 ing ‘‘Wildland Fire Management’’ will be fully obligated 

15 within 30 days. 

16 Funds appropriated to the Forest Service shall be 

17 available for assistance to or through the Agency for Inter18 national Development in connection with forest and range19 land research, technical information, and assistance in for20 eign countries, and shall be available to support forestry 

21 and related natural resource activities outside the United 

22 States and its territories and possessions, including tech23 nical assistance, education and training, and cooperation 

24 with United States and international organizations. 
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1 None of the funds made available to the Forest Service 

2 in this Act or any other Act with respect to any fiscal year 

3 shall be subject to transfer under the provisions of section 

4 702(b) of the Department of Agriculture Organic Act of 

5 1944 (7 U.S.C. 2257), section 442 of Public Law 106–224 

6 (7 U.S.C. 7772), or section 10417(b) of Public Law 107– 

7 107 (7 U.S.C. 8316(b)). 

8 None of the funds available to the Forest Service may 

9 be reprogrammed without the advance approval of the 

10 House and Senate Committees on Appropriations in ac11 cordance with the reprogramming procedures contained in 

12 title IV of this Act. 

13 Not more than $88,785,000 of funds available to the 

14 Forest Service shall be transferred to the Working Capital 

15 Fund of the Department of Agriculture and not more than 

16 $19,400,000 of funds available to the Forest Service shall 

17 be transferred to the Department of Agriculture for Depart18 ment Reimbursable Programs, commonly referred to as 

19 Greenbook charges. Nothing in this paragraph shall pro20 hibit or limit the use of reimbursable agreements requested 

21 by the Forest Service in order to obtain services from the 

22 Department of Agriculture’s National Information Tech23 nology Center. 

24 Funds available to the Forest Service shall be available 

25 to conduct a program of up to $5,000,000 for priority 
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1 projects within the scope of the approved budget, of which 

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

3 Corps and $2,500,000 shall be carried out under the author4 ity of the Public Lands Corps Healthy Forests Restoration 

5 Act of 2005, Public Law 109–154. 

6 Of the funds available to the Forest Service, $4,000 is 

7 available to the Chief of the Forest Service for official recep8 tion and representation expenses. 

9 Pursuant to sections 405(b) and 410(b) of Public Law 

10 101–593, of the funds available to the Forest Service, up 

11 to $2,000,000 may be advanced in a lump sum to the Na12 tional Forest Foundation to aid conservation partnership 

13 projects in support of the Forest Service mission, without 

14 regard to when the Foundation incurs expenses, for admin15 istrative expenses or projects on or benefitting National 

16 Forest System lands or related to Forest Service programs: 

17 Provided, That, of the Federal funds made available to the 

18 Foundation, no more than $200,000 shall be available for 

19 administrative expenses: Provided further, That the Foun20 dation shall obtain, by the end of the period of Federal fi21 nancial assistance, private contributions to match on at 

22 least one-for-one basis funds made available by the Forest 

23 Service: Provided further, That the Foundation may trans24 fer Federal funds to Federal or a non-Federal recipient for 

25 a project at the same rate that the recipient has obtained 
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1 the non-Federal matching funds: Provided further, That au2 thorized investments of Federal funds held by the Founda3 tion may be made only in interest-bearing obligations of 

4 the United States or in obligations guaranteed as to both 

5 principal and interest by the United States. 

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

7 $2,650,000 of the funds available to the Forest Service shall 

8 be advanced to the National Fish and Wildlife Foundation 

9 in a lump sum to aid cost-share conservation projects, with10 out regard to when expenses are incurred, on or benefitting 

11 National Forest System lands or related to Forest Service 

12 programs: Provided, That such funds shall be matched on 

13 at least a one-for-one basis by the Foundation or its sub14 recipients: Provided further, That the Foundation may 

15 transfer Federal funds to a Federal or non-Federal recipient 

16 for a project at the same rate that the recipient has obtained 

17 the non-Federal matching funds. 

18 Funds appropriated to the Forest Service shall be 

19 available for interactions with and providing technical as20 sistance to rural communities and natural resource-based 

21 businesses for sustainable rural development purposes. 

22 Funds appropriated to the Forest Service shall be 

23 available for payments to counties within the Columbia 

24 River Gorge National Scenic Area, pursuant to section 
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1 14(c)(1) and (2), and section 16(a)(2) of Public Law 99– 

2 663. 

3 An eligible individual who is employed in any project 

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

5 (42 U.S.C. 3056 et seq.) and administered by the Forest 

6 Service shall be considered to be a Federal employee for pur7 poses of chapter 171 of title 28, United States Code. 

8 Any funds appropriated to the Forest Service may be 

9 used to meet the non-Federal share requirement in section 

10 502(c) of the Older American Act of 1965 (42 U.S.C. 

11 3056(c)(2)). 

12 Funds available to the Forest Service, not to exceed 

13 $55,000,000, shall be assessed for the purpose of performing 

14 fire, administrative and other facilities maintenance. Such 

15 assessments shall occur using a square foot rate charged on 

16 the same basis the agency uses to assess programs for pay17 ment of rent, utilities, and other support services. 

18 Notwithstanding any other provision of law, any ap19 propriations or funds available to the Forest Service not 

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

21 the General Counsel (OGC), Department of Agriculture, for 

22 travel and related expenses incurred as a result of OGC as23 sistance or participation requested by the Forest Service at 

24 meetings, training sessions, management reviews, land pur25 chase negotiations and similar non-litigation related mat-
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1 ters. Future budget justifications for both the Forest Service 

2 and the Department of Agriculture should clearly display 

3 the sums previously transferred and the requested funding 

4 transfers. 

5 Funds provided to the Forest Service in this Act may 

6 be used for the purpose of expenses associated with primary 

7 and secondary schooling for the 2009–2010 school year of 

8 dependents of agency personnel stationed in Puerto Rico, 

9 at a cost not in excess of those authorized by the Department 

10 of Defense for that same area, when it is determined by 

11 the Chief of the Forest Service that public schools available 

12 in the locality are unable to provide adequately for the edu13 cation of such dependents. 

14 DEPARTMENT OF HEALTH AND HUMAN 

15 SERVICES 

16 INDIAN HEALTH SERVICE

17 INDIAN HEALTH SERVICES

18 For expenses necessary to carry out the Act of August 

19 5, 1954 (68 Stat. 674), the Indian Self-Determination Act, 

20 the Indian Health Care Improvement Act, and titles II and 

21 III of the Public Health Service Act with respect to the In22 dian Health Service, $3,639,868,000, together with pay23 ments received during the fiscal year pursuant to 42 U.S.C. 

24 238(b) and 238b for services furnished by the Indian Health 

25 Service: Provided, That funds made available to tribes and 
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1 tribal organizations through contracts, grant agreements, or 

2 any other agreements or compacts authorized by the Indian 

3 Self-Determination and Education Assistance Act of 1975 

4 (25 U.S.C. 450), shall be deemed to be obligated at the time 

5 of the grant or contract award and thereafter shall remain 

6 available to the tribe or tribal organization without fiscal 

7 year limitation: Provided further, That $779,347,000 for 

8 contract medical care, including $48,000,000 for the Indian 

9 Catastrophic Health Emergency Fund, shall remain avail10 able until expended: Provided further, That $18,251,000 is 

11 provided for Headquarters operations and information 

12 technology activities and, notwithstanding any other provi13 sion of law, the amount available under this proviso shall 

14 be allocated at the discretion of the Director of the Indian 

15 Health Service: Provided further, That of the funds pro16 vided, up to $32,000,000 shall remain available until ex17 pended for implementation of the loan repayment program 

18 under section 108 of the Indian Health Care Improvement 

19 Act: Provided further, That $16,391,000 is provided for the 

20 methamphetamine and suicide prevention and treatment 

21 initiative and $7,500,000 is provided for the domestic vio22 lence prevention initiative and, notwithstanding any other 

23 provision of law, the amounts available under this proviso 

24 shall be allocated at the discretion of the Director of the 

25 Indian Health Service and shall remain available until ex-
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1 pended: Provided further, That funds provided in this Act 

2 may be used for annual contracts and grants that fall with3 in two fiscal years, provided the total obligation is recorded 

4 in the year the funds are appropriated: Provided further, 

5 That the amounts collected by the Secretary of Health and 

6 Human Services under the authority of title IV of the In7 dian Health Care Improvement Act shall remain available 

8 until expended for the purpose of achieving compliance with 

9 the applicable conditions and requirements of titles XVIII 

10 and XIX of the Social Security Act, except for those related 

11 to the planning, design, or construction of new facilities: 

12 Provided further, That funding contained herein for schol13 arship programs under the Indian Health Care Improve14 ment Act (25 U.S.C. 1613) shall remain available until ex15 pended: Provided further, That amounts received by tribes 

16 and tribal organizations under title IV of the Indian Health 

17 Care Improvement Act shall be reported and accounted for 

18 and available to the receiving tribes and tribal organiza19 tions until expended: Provided further, That, notwith20 standing any other provision of law, of the amounts pro21 vided herein, not to exceed $389,490,000 shall be for pay22 ments to tribes and tribal organizations for contract or 

23 grant support costs associated with contracts, grants, self24 governance compacts, or annual funding agreements be25 tween the Indian Health Service and a tribe or tribal orga-
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1 nization pursuant to the Indian Self-Determination Act of 

2 1975, as amended, prior to or during fiscal year 2010, of 

3 which not to exceed $5,000,000 may be used for contract 

4 support costs associated with new or expanded self-deter5 mination contracts, grants, self-governance compacts, or 

6 annual funding agreements: Provided further, That the Bu7 reau of Indian Affairs may collect from the Indian Health 

8 Service, tribes and tribal organizations operating health fa9 cilities pursuant to Public Law 93–638, such individually 

10 identifiable health information relating to disabled children 

11 as may be necessary for the purpose of carrying out its 

12 functions under the Individuals with Disabilities Edu13 cation Act (20 U.S.C. 1400, et seq.): Provided further, That 

14 the Indian Health Care Improvement Fund may be used, 

15 as needed, to carry out activities typically funded under 

16 the Indian Health Facilities account. 

17 INDIAN HEALTH FACILITIES

18 For construction, repair, maintenance, improvement, 

19 and equipment of health and related auxiliary facilities, in20 cluding quarters for personnel; preparation of plans, speci21 fications, and drawings; acquisition of sites, purchase and 

22 erection of modular buildings, and purchases of trailers; 

23 and for provision of domestic and community sanitation 

24 facilities for Indians, as authorized by section 7 of the Act 

25 of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Deter-
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1 mination Act, and the Indian Health Care Improvement 

2 Act, and for expenses necessary to carry out such Acts and 

3 titles II and III of the Public Health Service Act with re4 spect to environmental health and facilities support activi5 ties of the Indian Health Service, $394,757,000, to remain 

6 available until expended: Provided, That notwithstanding 

7 any other provision of law, funds appropriated for the plan8 ning, design, construction, renovation or expansion of 

9 health facilities for the benefit of an Indian tribe or tribes 

10 may be used to purchase land on which such facilities will 

11 be located: Provided further, That not to exceed $500,000 

12 shall be used by the Indian Health Service to purchase 

13 TRANSAM equipment from the Department of Defense for 

14 distribution to the Indian Health Service and tribal facili15 ties: Provided further, That none of the funds appropriated 

16 to the Indian Health Service may be used for sanitation 

17 facilities construction for new homes funded with grants by 

18 the housing programs of the United States Department of 

19 Housing and Urban Development: Provided further, That 

20 not to exceed $2,700,000 from this account and the ‘‘Indian 

21 Health Services’’ account shall be used by the Indian Health 

22 Service to obtain ambulances for the Indian Health Service 

23 and tribal facilities in conjunction with an existing inter24 agency agreement between the Indian Health Service and 

25 the General Services Administration: Provided further, 
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1 That not to exceed $500,000 shall be placed in a Demolition 

2 Fund, to remain available until expended, and be used by 

3 the Indian Health Service for the demolition of Federal 

4 buildings. 

5 ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

6 Appropriations provided in this Act to the Indian 

7 Health Service shall be available for services as authorized 

8 by 5 U.S.C. 3109 at rates not to exceed the per diem rate 

9 equivalent to the maximum rate payable for senior-level po10 sitions under 5 U.S.C. 5376; hire of passenger motor vehi11 cles and aircraft; purchase of medical equipment; purchase 

12 of reprints; purchase, renovation and erection of modular 

13 buildings and renovation of existing facilities; payments for 

14 telephone service in private residences in the field, when au15 thorized under regulations approved by the Secretary; uni16 forms or allowances therefor as authorized by 5 U.S.C. 

17 5901–5902; and for expenses of attendance at meetings that 

18 relate to the functions or activities of the Indian Health 

19 Service. 

20 In accordance with the provisions of the Indian Health 

21 Care Improvement Act, non-Indian patients may be ex22 tended health care at all tribally administered or Indian 

23 Health Service facilities, subject to charges, and the pro24 ceeds along with funds recovered under the Federal Medical 

25 Care Recovery Act (42 U.S.C. 2651–2653) shall be credited 
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1 to the account of the facility providing the service and shall 

2 be available without fiscal year limitation. Notwith3 standing any other law or regulation, funds transferred 

4 from the Department of Housing and Urban Development 

5 to the Indian Health Service shall be administered under 

6 Public Law 86–121, the Indian Sanitation Facilities Act 

7 and Public Law 93–638, as amended. 

8 Funds appropriated to the Indian Health Service in 

9 this Act, except those used for administrative and program 

10 direction purposes, shall not be subject to limitations di11 rected at curtailing Federal travel and transportation. 

12 None of the funds made available to the Indian Health 

13 Service in this Act shall be used for any assessments or 

14 charges by the Department of Health and Human Services 

15 unless identified in the budget justification and provided 

16 in this Act, or approved by the House and Senate Commit17 tees on Appropriations through the reprogramming process. 

18 Notwithstanding any other provision of law, funds 

19 previously or herein made available to a tribe or tribal or20 ganization through a contract, grant, or agreement author21 ized by title I or title V of the Indian Self-Determination 

22 and Education Assistance Act of 1975 (25 U.S.C. 450), may 

23 be deobligated and reobligated to a self-determination con24 tract under title I, or a self-governance agreement under 

25 title V of such Act and thereafter shall remain available 
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1 to the tribe or tribal organization without fiscal year limi2 tation. 

3 None of the funds made available to the Indian Health 

4 Service in this Act shall be used to implement the final rule 

5 published in the Federal Register on September 16, 1987, 

6 by the Department of Health and Human Services, relating 

7 to the eligibility for the health care services of the Indian 

8 Health Service until the Indian Health Service has sub9 mitted a budget request reflecting the increased costs associ10 ated with the proposed final rule, and such request has been 

11 included in an appropriations Act and enacted into law. 

12 With respect to functions transferred by the Indian 

13 Health Service to tribes or tribal organizations, the Indian 

14 Health Service is authorized to provide goods and services 

15 to those entities on a reimbursable basis, including pay16 ments in advance with subsequent adjustment. The reim17 bursements received therefrom, along with the funds received 

18 from those entities pursuant to the Indian Self-Determina19 tion Act, may be credited to the same or subsequent appro20 priation account from which the funds were originally de21 rived, with such amounts to remain available until ex22 pended. 

23 Reimbursements for training, technical assistance, or 

24 services provided by the Indian Health Service will contain 

25 total costs, including direct, administrative, and overhead 
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1 associated with the provision of goods, services, or technical 

2 assistance. 

3 The appropriation structure for the Indian Health 

4 Service may not be altered without advance notification to 

5 the House and Senate Committees on Appropriations. 

6 NATIONAL INSTITUTES OF HEALTH

7 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

8 SCIENCES

9 For necessary expenses for the National Institute of 

10 Environmental Health Sciences in carrying out activities 

11 set forth in section 311(a) of the Comprehensive Environ12 mental Response, Compensation, and Liability Act of 1980, 

13 as amended, and section 126(g) of the Superfund Amend14 ments and Reauthorization Act of 1986, $79,212,000. 

15 AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

16 TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

17 For necessary expenses for the Agency for Toxic Sub18 stances and Disease Registry (ATSDR) in carrying out ac19 tivities set forth in sections 104(i) and 111(c)(4) of the 

20 Comprehensive Environmental Response, Compensation, 

21 and Liability Act of 1980 (CERCLA), as amended; section 

22 118(f) of the Superfund Amendments and Reauthorization 

23 Act of 1986 (SARA), as amended; and section 3019 of the 

24 Solid Waste Disposal Act, as amended, $76,792,000, of 

25 which up to $1,000 to remain available until expended, is 
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1 for Individual Learning Accounts for full-time equivalent 

2 employees of the Agency for Toxic Substances and Disease 

3 Registry: Provided, That notwithstanding any other provi4 sion of law, in lieu of performing a health assessment under 

5 section 104(i)(6) of CERCLA, the Administrator of ATSDR 

6 may conduct other appropriate health studies, evaluations, 

7 or activities, including, without limitation, biomedical test8 ing, clinical evaluations, medical monitoring, and referral 

9 to accredited health care providers: Provided further, That 

10 in performing any such health assessment or health study, 

11 evaluation, or activity, the Administrator of ATSDR shall 

12 not be bound by the deadlines in section 104(i)(6)(A) of 

13 CERCLA: Provided further, That none of the funds appro14 priated under this heading shall be available for ATSDR 

15 to issue in excess of 40 toxicological profiles pursuant to 

16 section 104(i) of CERCLA during fiscal year 2010, and ex17 isting profiles may be updated as necessary. 

18 OTHER RELATED AGENCIES 

19 EXECUTIVE OFFICE OF THE PRESIDENT

20 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

21 ENVIRONMENTAL QUALITY

22 For necessary expenses to continue functions assigned 

23 to the Council on Environmental Quality and Office of En24 vironmental Quality pursuant to the National Environ25 mental Policy Act of 1969, the Environmental Quality Im-
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1 provement Act of 1970, and Reorganization Plan No. 1 of 

2 1977, and not to exceed $750 for official reception and rep3 resentation expenses, $3,159,000: Provided, That notwith4 standing section 202 of the National Environmental Policy 

5 Act of 1970, the Council shall consist of one member, ap6 pointed by the President, by and with the advice and con7 sent of the Senate, serving as chairman and exercising all 

8 powers, functions, and duties of the Council. 

9 CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

10 SALARIES AND EXPENSES

11 (INCLUDING TRANSFER OF FUNDS)

12 For necessary expenses in carrying out activities pur13 suant to section 112(r)(6) of the Clean Air Act, as amended, 

14 including hire of passenger vehicles, uniforms or allowances 

15 therefor, as authorized by 5 U.S.C. 5901–5902, and for serv16 ices authorized by 5 U.S.C. 3109 but at rates for individ17 uals not to exceed the per diem equivalent to the maximum 

18 rate payable for senior level positions under 5 U.S.C. 5376, 

19 $11,195,000. 

20 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

21 SALARIES AND EXPENSES

22 For necessary expenses of the Office of Navajo and 

23 Hopi Indian Relocation as authorized by Public Law 93– 

24 531, $8,000,000, to remain available until expended: Pro25 vided, That funds provided in this or any other appropria-
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1 tions Act are to be used to relocate eligible individuals and 

2 groups including evictees from District 6, Hopi-partitioned 

3 lands residents, those in significantly substandard housing, 

4 and all others certified as eligible and not included in the 

5 preceding categories: Provided further, That none of the 

6 funds contained in this or any other Act may be used by 

7 the Office of Navajo and Hopi Indian Relocation to evict 

8 any single Navajo or Navajo family who, as of November 

9 30, 1985, was physically domiciled on the lands partitioned 

10 to the Hopi Tribe unless a new or replacement home is pro11 vided for such household: Provided further, That no 

12 relocatee will be provided with more than one new or re13 placement home: Provided further, That the Office shall re14 locate any certified eligible relocatees who have selected and 

15 received an approved homesite on the Navajo reservation 

16 or selected a replacement residence off the Navajo reserva17 tion or on the land acquired pursuant to 25 U.S.C. 640d– 

18 10. 

19 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

20 CULTURE AND ARTS DEVELOPMENT

21 PAYMENT TO THE INSTITUTE

22 For payment to the Institute of American Indian and 

23 Alaska Native Culture and Arts Development, as authorized 

24 by title XV of Public Law 99–498, as amended (20 U.S.C. 

25 56 part A), $8,300,000. 
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1 SMITHSONIAN INSTITUTION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Smithsonian Institution, 

4 as authorized by law, including research in the fields of art, 

5 science, and history; development, preservation, and docu6 mentation of the National Collections; presentation of pub7 lic exhibits and performances; collection, preparation, dis8 semination, and exchange of information and publications; 

9 conduct of education, training, and museum assistance pro10 grams; maintenance, alteration, operation, lease agreements 

11 of no more than 30 years, and protection of buildings, fa12 cilities, and approaches; not to exceed $100,000 for services 

13 as authorized by 5 U.S.C. 3109; and purchase, rental, re14 pair, and cleaning of uniforms for employees, $634,161,000, 

15 of which not to exceed $19,117,000 for the instrumentation 

16 program, collections acquisition, exhibition reinstallation, 

17 the National Museum of African American History and 

18 Culture, and the repatriation of skeletal remains program 

19 shall remain available until expended; of which $1,553,000 

20 for fellowships and scholarly awards shall remain available 

21 until September 30, 2011; of which $250,000 may be made 

22 available to carry out activities under the Civil Rights His23 tory Project Act of 2009 (20 U.S.C. 80s et seq.), to remain 

24 available until expended; and including such funds as may 

25 be necessary to support American overseas research centers: 
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1 Provided, That funds appropriated herein are available for 

2 advance payments to independent contractors performing 

3 research services or participating in official Smithsonian 

4 presentations. 

5 FACILITIES CAPITAL

6 For necessary expenses of repair, revitalization, and 

7 alteration of facilities owned or occupied by the Smithso8 nian Institution, by contract or otherwise, as authorized by 

9 section 2 of the Act of August 22, 1949 (63 Stat. 623), and 

10 for construction, including necessary personnel, 

11 $125,000,000, to remain available until expended, of which 

12 not to exceed $10,000 is for services as authorized by 5 

13 U.S.C. 3109. 

14 LEGACY FUND

15 (INCLUDING RESCISSION OF FUNDS)

16 For the purpose of developing a public-private part17 nership to facilitate the reopening of the Arts and Industries 

18 Building of the Smithsonian Institution, $30,000,000, to re19 main available until expended, for repair, renovation and 

20 revitalization of the building: Provided, That such funds 

21 shall be matched on a 1:1 basis by private donations: Pro22 vided further, That major in-kind donations that contribute 

23 significantly to the redesign and purpose of the reopened 

24 building be considered to qualify toward the total private 

25 match: Provided further, That privately contributed endow-
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1 ments, which are designated for the care and renewal of 

2 permanent exhibitions installed in the Arts and Industries 

3 Building, be considered as qualifying toward the total pri4 vate match: Provided further, That this appropriation may 

5 be made available to the Smithsonian Institution incremen6 tally as private funding becomes available: Provided fur7 ther, That any other provision of law that adjusts the over8 all amount of the Federal appropriation for this account 

9 shall also apply to the privately contributed requirement: 

10 Provided further, That the unobligated balances provided 

11 under this heading in Public Law 110–161 and Public Law 

12 111–8 are hereby rescinded. 

13 NATIONAL GALLERY OF ART

14 SALARIES AND EXPENSES

15 For the upkeep and operations of the National Gallery 

16 of Art, the protection and care of the works of art therein, 

17 and administrative expenses incident thereto, as authorized 

18 by the Act of March 24, 1937 (50 Stat. 51), as amended 

19 by the public resolution of April 13, 1939 (Public Resolu20 tion 9, Seventy-sixth Congress), including services as au21 thorized by 5 U.S.C. 3109; payment in advance when au22 thorized by the treasurer of the Gallery for membership in 

23 library, museum, and art associations or societies whose 

24 publications or services are available to members only, or 

25 to members at a price lower than to the general public; pur-
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1 chase, repair, and cleaning of uniforms for guards, and uni2 forms, or allowances therefor, for other employees as author3 ized by law (5 U.S.C. 5901–5902); purchase or rental of 

4 devices and services for protecting buildings and contents 

5 thereof, and maintenance, alteration, improvement, and re6 pair of buildings, approaches, and grounds; and purchase 

7 of services for restoration and repair of works of art for 

8 the National Gallery of Art by contracts made, without ad9 vertising, with individuals, firms, or organizations at such 

10 rates or prices and under such terms and conditions as the 

11 Gallery may deem proper, $110,746,000, of which not to 

12 exceed $3,386,000 for the special exhibition program shall 

13 remain available until expended. 

14 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

15 For necessary expenses of repair, restoration and ren16 ovation of buildings, grounds and facilities owned or occu17 pied by the National Gallery of Art, by contract or other18 wise, as authorized, $54,499,000, to remain available until 

19 expended: Provided, That of this amount, up to $40,000,000 

20 shall be available for repair of the National Gallery’s East 

21 Building fac ̧ade: Provided further, That notwithstanding 

22 any other provision of law, a single procurement for the 

23 foregoing Major Critical Project may be issued which in24 cludes the full scope of the project: Provided further, That 

25 the solicitation and contract shall contain the clause ‘‘avail-
112 

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1 ability of funds’’ found at 48 CFR 52.232.18: Provided fur2 ther, That contracts awarded for environmental systems, 

3 protection systems, and exterior repair or renovation of 

4 buildings of the National Gallery of Art may be negotiated 

5 with selected contractors and awarded on the basis of con6 tractor qualifications as well as price. 

7 JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

8 OPERATIONS AND MAINTENANCE

9 For necessary expenses for the operation, maintenance 

10 and security of the John F. Kennedy Center for the Per11 forming Arts, $22,500,000. 

12 CAPITAL REPAIR AND RESTORATION

13 For necessary expenses for capital repair and restora14 tion of the existing features of the building and site of the 

15 John F. Kennedy Center for the Performing Arts, 

16 $17,447,000, to remain available until expended. 

17 WOODROW WILSON INTERNATIONAL CENTER FOR

18 SCHOLARS

19 SALARIES AND EXPENSES

20 For expenses necessary in carrying out the provisions 

21 of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 

22 1356) including hire of passenger vehicles and services as 

23 authorized by 5 U.S.C. 3109, $10,225,000. 
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1 NATIONAL FOUNDATION ON THE ARTS AND THE

2 HUMANITIES

3 NATIONAL ENDOWMENT FOR THE ARTS

4 GRANTS AND ADMINISTRATION

5 For necessary expenses to carry out the National Foun6 dation on the Arts and the Humanities Act of 1965, as 

7 amended, $161,315,000 shall be available to the National 

8 Endowment for the Arts for the support of projects and pro9 ductions in the arts, including arts education and public 

10 outreach activities, through assistance to organizations and 

11 individuals pursuant to section 5 of the Act, for program 

12 support, and for administering the functions of the Act, to 

13 remain available until expended: Provided, That funds ap14 propriated herein shall be expended in accordance with sec15 tions 309 and 311 of Public Law 108–447. 

16 NATIONAL ENDOWMENT FOR THE HUMANITIES

17 GRANTS AND ADMINISTRATION

18 For necessary expenses to carry out the National Foun19 dation on the Arts and the Humanities Act of 1965, as 

20 amended, $161,315,000, to remain available until ex21 pended, of which $147,015,000 shall be available for support 

22 of activities in the humanities, pursuant to section 7(c) of 

23 the Act and for administering the functions of the Act; and 

24 $14,300,000 shall be available to carry out the matching 

25 grants program pursuant to section 10(a)(2) of the Act in-
114 

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1 cluding $9,500,000 for the purposes of section 7(h): Pro2 vided, That appropriations for carrying out section 

3 10(a)(2) shall be available for obligation only in such 

4 amounts as may be equal to the total amounts of gifts, be5 quests, and devises of money, and other property accepted 

6 by the chairman or by grantees of the Endowment under 

7 the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) 

8 during the current and preceding fiscal years for which 

9 equal amounts have not previously been appropriated. 

10 ADMINISTRATIVE PROVISIONS

11 None of the funds appropriated to the National Foun12 dation on the Arts and the Humanities may be used to 

13 process any grant or contract documents which do not in14 clude the text of 18 U.S.C. 1913. 

15 None of the funds appropriated to the National Foun16 dation on the Arts and the Humanities may be used for 

17 official reception and representation expenses: Provided, 

18 That funds from nonappropriated sources may be used as 

19 necessary for official reception and representation expenses. 

20 The Chairperson of the National Endowment for the 

21 Arts may approve grants of up to $10,000, if in the aggre22 gate this amount does not exceed 5 percent of the sums ap23 propriated for grant-making purposes per year: Provided, 

24 That such small grant actions are taken pursuant to the 
115 

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1 terms of an expressed and direct delegation of authority 

2 from the National Council on the Arts to the Chairperson. 

3 COMMISSION OF FINE ARTS

4 SALARIES AND EXPENSES

5 For expenses made necessary by the Act establishing 

6 a Commission of Fine Arts (40 U.S.C. 104), $2,294,000: 

7 Provided, That the Commission is authorized to charge fees 

8 to cover the full costs of its publications, and such fees shall 

9 be credited to this account as an offsetting collection, to re10 main available until expended without further appropria11 tion: Provided further, That the Commission is authorized 

12 to accept gifts, including objects, papers, artwork, drawings 

13 and artifacts, that pertain to the history and design of the 

14 Nation’s Capital or the history and activities of the Com15 mission of Fine Arts, for the purpose of artistic display, 

16 study or education. 

17 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

18 For necessary expenses as authorized by Public Law 

19 99–190 (20 U.S.C. 956a), as amended, $9,500,000: Pro20 vided, That no organization shall receive a grant in excess 

21 of $650,000 in a single year. 

22 ADVISORY COUNCIL ON HISTORIC PRESERVATION

23 SALARIES AND EXPENSES

24 For necessary expenses of the Advisory Council on His25 toric Preservation (Public Law 89–665, as amended), 
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1 $5,908,000: Provided, That none of these funds shall be 

2 available for compensation of level V of the Executive Sched3 ule or higher positions. 

4 NATIONAL CAPITAL PLANNING COMMISSION

5 SALARIES AND EXPENSES

6 For necessary expenses, as authorized by the National 

7 Capital Planning Act of 1952 (40 U.S.C. 71–71i), includ8 ing services as authorized by 5 U.S.C. 3109, $8,507,000: 

9 Provided, That one-quarter of 1 percent of the funds pro10 vided under this heading may be used for official reception 

11 and representational expenses associated with hosting inter12 national visitors engaged in the planning and physical de13 velopment of world capitals. 

14 UNITED STATES HOLOCAUST MEMORIAL MUSEUM

15 HOLOCAUST MEMORIAL MUSEUM

16 For expenses of the Holocaust Memorial Museum, as 

17 authorized by Public Law 106–292 (36 U.S.C. 2301–2310), 

18 $49,122,000, of which $515,000 for the Museum’s equipment 

19 replacement program, $1,900,000 for the museum’s repair 

20 and rehabilitation program and $1,264,000 for the muse21 um’s exhibition design and production program shall re22 main available until expended. 
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1 PRESIDIO TRUST

2 PRESIDIO TRUST FUND

3 For necessary expenses to carry out title I of the Omni4 bus Parks and Public Lands Management Act of 1996, 

5 $17,230,000 shall be available to the Presidio Trust, to re6 main available until expended. 

7 DWIGHT D. EISENHOWER MEMORIAL COMMISSION

8 SALARIES AND EXPENSES

9 For necessary expenses, including the costs of construc10 tion design, of the Dwight D. Eisenhower Memorial Com11 mission, $3,000,000, to remain available until expended. 

12 CAPITAL CONSTRUCTION

13 For necessary expenses of the Dwight D. Eisenhower 

14 Memorial Commission for design and construction of a me15 morial in honor of Dwight D. Eisenhower, as authorized 

16 by Public Law 106–79, $16,000,000, to remain available 

17 until expended. 

18 TITLE IV 

19 GENERAL PROVISIONS 

20 LIMITATION ON CONSULTING SERVICES

21 (INCLUDING TRANSFERS OF FUNDS)

22 SEC. 401. The expenditure of any appropriation under 

23 this Act for any consulting service through procurement 

24 contract, pursuant to 5 U.S.C. 3109, shall be limited to 

25 those contracts where such expenditures are a matter of pub-
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1 lic record and available for public inspection, except where 

2 otherwise provided under existing law, or under existing 

3 Executive Order issued pursuant to existing law. 

4 RESTRICTION ON USE OF FUNDS

5 SEC. 402. No part of any appropriation contained in 

6 this Act shall be available for any activity or the publica7 tion or distribution of literature that in any way tends to 

8 promote public support or opposition to any legislative pro9 posal on which Congressional action is not complete other 

10 than to communicate to Members of Congress as described 

11 in 18 U.S.C. 1913. 

12 PROHIBITION ON USE OF FUNDS FOR PERSONAL SERVICES

13 SEC. 403. None of the funds provided in this Act to 

14 any department or agency shall be obligated or expended 

15 to provide a personal cook, chauffeur, or other personal serv16 ants to any officer or employee of such department or agen17 cy except as otherwise provided by law. 

18 DISCLOSURE OF ADMINISTRATIVE EXPENSES

19 SEC. 404. Estimated overhead charges, deductions, re20 serves or holdbacks from programs, projects, activities and 

21 subactivities to support government-wide, departmental, 

22 agency or bureau administrative functions or headquarters, 

23 regional or central operations shall be presented in annual 

24 budget justifications and subject to approval by the Com25 mittees on Appropriations. Changes to such estimates shall 
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1 be presented to the Committees on Appropriations for ap2 proval. 

3 GIANT SEQUOIA

4 SEC. 405. None of the funds in this Act may be used 

5 to plan, prepare, or offer for sale timber from trees classified 

6 as giant sequoia (Sequoiadendron giganteum) which are lo7 cated on National Forest System or Bureau of Land Man8 agement lands in a manner different than such sales were 

9 conducted in fiscal year 2009. 

10 MINING APPLICATIONS

11 SEC. 406. (a) None of the funds appropriated or other12 wise made available pursuant to this Act shall be obligated 

13 or expended to accept or process applications for a patent 

14 for any mining or mill site claim located under the general 

15 mining laws. 

16 (b) EXCEPTIONS.—The provisions of subsection (a) 

17 shall not apply if the Secretary of the Interior determines 

18 that, for the claim concerned: (1) a patent application was 

19 filed with the Secretary on or before September 30, 1994; 

20 and (2) all requirements established under sections 2325 

21 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) 

22 for vein or lode claims and sections 2329, 2330, 2331, and 

23 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37) 

24 for placer claims, and section 2337 of the Revised Statutes 
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1 (30 U.S.C. 42) for mill site claims, as the case may be, 

2 were fully complied with by the applicant by that date. 

3 (c) REPORT.—On September 30, 2010, the Secretary 

4 of the Interior shall file with the House and Senate Com5 mittees on Appropriations and the Committee on Natural 

6 Resources of the House of Representatives and the Com7 mittee on Energy and Natural Resources of the Senate a 

8 report on actions taken by the Department under the plan 

9 submitted pursuant to section 314(c) of the Department of 

10 the Interior and Related Agencies Appropriations Act, 1997 

11 (Public Law 104–208). 

12 (d) MINERAL EXAMINATIONS.—In order to process 

13 patent applications in a timely and responsible manner, 

14 upon the request of a patent applicant, the Secretary of the 

15 Interior shall allow the applicant to fund a qualified third16 party contractor to be selected by the Bureau of Land Man17 agement to conduct a mineral examination of the mining 

18 claims or mill sites contained in a patent application as 

19 set forth in subsection (b). The Bureau of Land Manage20 ment shall have the sole responsibility to choose and pay 

21 the third-party contractor in accordance with the standard 

22 procedures employed by the Bureau of Land Management 

23 in the retention of third-party contractors. 
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1 CONTRACT SUPPORT COSTS

2 SEC. 407. Notwithstanding any other provision of law, 

3 amounts appropriated to or otherwise designated in com4 mittee reports for the Bureau of Indian Affairs and the In5 dian Health Service by Public Laws 103–138, 103–332, 

6 104–134, 104–208, 105–83, 105–277, 106–113, 106–291, 

7 107–63, 108–7, 108–108, 108–447, 109–54, 109–289, divi8 sion B and Continuing Appropriations Resolution, 2007 

9 (division B of Public Law 109–289, as amended by Public 

10 Laws 110–5 and 110–28), and Public Laws 110–92, 110– 

11 116, 110–137, 110–149, 110–161, 110–329, 111–6, and 

12 111–8 for payments for contract support costs associated 

13 with self-determination or self-governance contracts, grants, 

14 compacts, or annual funding agreements with the Bureau 

15 of Indian Affairs or the Indian Health Service as funded 

16 by such Acts, are the total amounts available for fiscal years 

17 1994 through 2009 for such purposes, except that for the 

18 Bureau of Indian Affairs, tribes and tribal organizations 

19 may use their tribal priority allocations for unmet contract 

20 support costs of ongoing contracts, grants, self-governance 

21 compacts, or annual funding agreements. 

22 FOREST MANAGEMENT PLANS

23 SEC. 408. Prior to October 1, 2010, the Secretary of 

24 Agriculture shall not be considered to be in violation of sub25 paragraph 6(f)(5)(A) of the Forest and Rangeland Renew-
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1 able Resources Planning Act of 1974 (16 U.S.C. 

2 1604(f)(5)(A)) solely because more than 15 years have 

3 passed without revision of the plan for a unit of the Na4 tional Forest System. Nothing in this section exempts the 

5 Secretary from any other requirement of the Forest and 

6 Rangeland Renewable Resources Planning Act (16 U.S.C. 

7 1600 et seq.) or any other law: Provided, That if the Sec8 retary is not acting expeditiously and in good faith, within 

9 the funding available, to revise a plan for a unit of the 

10 National Forest System, this section shall be void with re11 spect to such plan and a court of proper jurisdiction may 

12 order completion of the plan on an accelerated basis. 

13 PROHIBITION WITHIN NATIONAL MONUMENTS

14 SEC. 409. No funds provided in this Act may be ex15 pended to conduct preleasing, leasing and related activities 

16 under either the Mineral Leasing Act (30 U.S.C. 181 et seq.) 

17 or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 

18 et seq.) within the boundaries of a National Monument es19 tablished pursuant to the Act of June 8, 1906 (16 U.S.C. 

20 431 et seq.) as such boundary existed on January 20, 2001, 

21 except where such activities are allowed under the Presi22 dential proclamation establishing such monument. 

23 INTERNATIONAL FIREFIGHTER COOPERATIVE AGREEMENTS

24 SEC. 410. In entering into agreements with foreign 

25 countries pursuant to the Wildfire Suppression Assistance 
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1 Act (42 U.S.C. 1856m) the Secretary of Agriculture and 

2 the Secretary of the Interior are authorized to enter into 

3 reciprocal agreements in which the individuals furnished 

4 under said agreements to provide wildfire services are con5 sidered, for purposes of tort liability, employees of the coun6 try receiving said services when the individuals are engaged 

7 in fire suppression: Provided, That the Secretary of Agri8 culture or the Secretary of the Interior should not enter into 

9 any agreement under this provision unless the foreign coun10 try (either directly or through its fire organization) agrees 

11 to assume any and all liability for the acts or omissions 

12 of American firefighters engaged in firefighting in a foreign 

13 country: Provided further, That when an agreement is 

14 reached for furnishing fire fighting services, the only rem15 edies for acts or omissions committed while fighting fires 

16 shall be those provided under the laws of the host country, 

17 and those remedies shall be the exclusive remedies for any 

18 claim arising out of fighting fires in a foreign country: Pro19 vided further, That neither the sending country nor any 

20 legal organization associated with the firefighter shall be 

21 subject to any legal action whatsoever pertaining to or aris22 ing out of the firefighter’s role in fire suppression. 

23 CONTRACTING AUTHORITIES

24 SEC. 411. In awarding a Federal contract with funds 

25 made available by this Act, notwithstanding Federal Gov-
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1 ernment procurement and contracting laws, the Secretary 

2 of Agriculture and the Secretary of the Interior (the ‘‘Secre3 taries’’) may, in evaluating bids and proposals, give consid4 eration to local contractors who are from, and who provide 

5 employment and training for, dislocated and displaced 

6 workers in an economically disadvantaged rural commu7 nity, including those historically timber-dependent areas 

8 that have been affected by reduced timber harvesting on 

9 Federal lands and other forest-dependent rural communities 

10 isolated from significant alternative employment opportu11 nities: Provided, That notwithstanding Federal Government 

12 procurement and contracting laws the Secretaries may 

13 award contracts, grants or cooperative agreements to local 

14 non-profit entities, Youth Conservation Corps or related 

15 partnerships with State, local or non-profit youth groups, 

16 or small or micro-business or disadvantaged business: Pro17 vided further, That the contract, grant, or cooperative agree18 ment is for forest hazardous fuels reduction, watershed or 

19 water quality monitoring or restoration, wildlife or fish 

20 population monitoring, or habitat restoration or manage21 ment: Provided further, That the terms ‘‘rural community’’ 

22 and ‘‘economically disadvantaged’’ shall have the same 

23 meanings as in section 2374 of Public Law 101–624: Pro24 vided further, That the Secretaries shall develop guidance 

25 to implement this section: Provided further, That nothing 
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1 in this section shall be construed as relieving the Secretaries 

2 of any duty under applicable procurement laws, except as 

3 provided in this section. 

4 PROHIBITION ON USE OF FUNDS

5 SEC. 412. None of the funds made available by this 

6 or any other Act may be used in fiscal year 2010 for com7 petitive sourcing studies and any related activities involv8 ing Forest Service personnel. 

9 LIMITATION ON TAKINGS

10 SEC. 413. Unless otherwise provided herein, no funds 

11 appropriated in this Act for the acquisition of lands or in12 terests in lands may be expended for the filing of declara13 tions of taking or complaints in condemnation without the 

14 approval of the House and Senate Committees on Appro15 priations: Provided, That this provision shall not apply to 

16 funds appropriated to implement the Everglades National 

17 Park Protection and Expansion Act of 1989, or to funds 

18 appropriated for Federal assistance to the State of Florida 

19 to acquire lands for Everglades restoration purposes. 

20 HUNTERS POINT ENVIRONMENTAL CLEANUP

21 SEC. 414. In addition to the amounts otherwise pro22 vided to the Environmental Protection Agency in this Act, 

23 $8,000,000, to remain available until expended, is provided 

24 to EPA to be transferred to the Department of the Navy 
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1 for clean-up activities at the Treasure Island Naval Sta2 tion—Hunters Point Annex. 

3 EXTENSION OF GRAZING PERMITS

4 SEC. 415. Section 325 of Public Law 108–108 is 

5 amended by striking ‘‘fiscal years 2004–2008’’ and insert6 ing ‘‘fiscal year 2010.’’ 

7 ALASKA NATIVE HEALTH CARE SERVICES

8 SEC. 416. (a) Notwithstanding any other provision of 

9 law and until October 1, 2011, the Indian Health Service 

10 may not disburse funds for the provision of health care serv11 ices pursuant to Public Law 93–638 (25 U.S.C. 450 et seq.) 

12 to any Alaska Native village or Alaska Native village cor13 poration that is located within the area served by an Alaska 

14 Native regional health entity. 

15 (b) Nothing in this section shall be construed to pro16 hibit the disbursal of funds to any Alaska Native village 

17 or Alaska Native village corporation under any contract or 

18 compact entered into prior to May 1, 2006, or to prohibit 

19 the renewal of any such agreement. 

20 (c) For the purpose of this section, Eastern Aleutian 

21 Tribes, Inc., the Council of Athabascan Tribal Governments, 

22 and the Native Village of Eyak shall be treated as Alaska 

23 Native regional health entities to which funds may be dis24 bursed under this section. 
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1 TIMBER SALE REQUIREMENTS

2 SEC. 417. No timber sale in Region 10 shall be adver3 tised if the indicated rate is deficit when appraised using 

4 a residual value approach that assigns domestic Alaska val5 ues for western red cedar. Program accomplishments shall 

6 be based on volume sold. Should Region 10 sell, in the cur7 rent fiscal year, the annual average portion of the decadal 

8 allowable sale quantity called for in the current Tongass 

9 Land Management Plan in sales which are not deficit when 

10 appraised using a residual value approach that assigns do11 mestic Alaska values for western red cedar, all of the west12 ern red cedar timber from those sales which is surplus to 

13 the needs of domestic processors in Alaska, shall be made 

14 available to domestic processors in the contiguous 48 United 

15 States at prevailing domestic prices. Should Region 10 sell, 

16 in the current fiscal year, less than the annual average por17 tion of the decadal allowable sale quantity called for in the 

18 Tongass Land Management Plan in sales which are not def19 icit when appraised using a residual value approach that 

20 assigns domestic Alaska values for western red cedar, the 

21 volume of western red cedar timber available to domestic 

22 processors at prevailing domestic prices in the contiguous 

23 48 United States shall be that volume: (1) which is surplus 

24 to the needs of domestic processors in Alaska; and (2) is 

25 that percent of the surplus western red cedar volume deter-
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1 mined by calculating the ratio of the total timber volume 

2 which has been sold on the Tongass to the annual average 

3 portion of the decadal allowable sale quantity called for in 

4 the current Tongass Land Management Plan. The percent5 age shall be calculated by Region 10 on a rolling basis as 

6 each sale is sold (for purposes of this amendment, a ‘‘rolling 

7 basis’’ shall mean that the determination of how much west8 ern red cedar is eligible for sale to various markets shall 

9 be made at the time each sale is awarded). Western red 

10 cedar shall be deemed ‘‘surplus to the needs of domestic 

11 processors in Alaska’’ when the timber sale holder has pre12 sented to the Forest Service documentation of the inability 

13 to sell western red cedar logs from a given sale to domestic 

14 Alaska processors at a price equal to or greater than the 

15 log selling value stated in the contract. All additional west16 ern red cedar volume not sold to Alaska or contiguous 48 

17 United States domestic processors may be exported to for18 eign markets at the election of the timber sale holder. All 

19 Alaska yellow cedar may be sold at prevailing export prices 

20 at the election of the timber sale holder. 

21 COLORADO COOPERATIVE CONSERVATION AUTHORITY

22 SEC. 418. Section 331 of the Department of the Inte23 rior and Related Agencies Appropriations Act, 2001, as 

24 amended, is amended in subsection (e) by striking ‘‘Sep25 tember 30, 2009,’’ and inserting ‘‘September 30, 2014,’’. 
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1 NATIONAL COUNCIL ON THE ARTS MEMBERSHIP

2 SEC. 419. Section 6 of the National Foundation on the 

3 Arts and the Humanities Act of 1965 (Public Law 89–209, 

4 20 U.S.C. 955), as amended, is further amended as follows: 

5 (1) In the first sentence of subsection (b)(1)(C), 

6 by striking ‘‘14’’ and inserting in lieu thereof ‘‘18’’; 

7 and 

8 (2) In the second sentence of subsection (d)(1), by 

9 striking ‘‘Eight’’ and inserting in lieu thereof ‘‘Ten’’. 

10 PROHIBITION ON USE OF FUNDS

11 SEC. 420. Notwithstanding any other provision of law, 

12 none of the funds made available in this Act or any other 

13 Act may be used to promulgate or implement any regula14 tion requiring the issuance of permits under title V of the 

15 Clean Air Act (42 U.S.C. 7661 et seq.) for carbon dioxide, 

16 nitrous oxide, water vapor, or methane emissions resulting 

17 from biological processes associated with livestock produc18 tion. 

19 GREENHOUSE GAS REPORTING RESTRICTIONS

20 SEC. 421. Notwithstanding any other provision of law, 

21 none of the funds made available in this Act or any other 

22 Act may be used to implement any rule that requires man23 datory reporting of greenhouse gas emissions from manure 

24 management systems emitting less than 25,000 tons of car25 bon dioxide equivalent per year. 
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1 CONGRESSIONALLY DIRECTED SPENDING

2 SEC. 422. Within the amounts appropriated in this 

3 Act, funding shall be allocated in the amounts specified for 

4 those projects and purposes delineated in the table titled 

5 ‘‘Congressionally Directed Spending’’ included in the com6 mittee report accompanying this Act. 

7 PROHIBITION ON USE OF FUNDS

8 SEC. 423. None of the funds made available under this 

9 Act may be distributed to the Association of Community 

10 Organizations for Reform Now (ACORN) or its subsidi11 aries. 

12 PROHIBITION ON USE OF WILDLAND FIRE MANAGEMENT

13 STIMULUS FUNDS IN THE DISTRICT OF COLUMBIA

14 SEC. 424. Notwithstanding any other provision of law, 

15 none of the funds made available under the American Re16 covery and Reinvestment Act of 2009 (Public Law 111–5; 

17 123 Stat. 115) for wildland fire management shall be used 

18 in the District of Columbia. 

19 JUNGO DISPOSAL SITE EVALUATION

20 SEC. 425. Using funds made available under this Act, 

21 the Director of the United States Geological Survey may 

22 conduct an evaluation of the aquifers in the area of the 

23 Jungo Disposal Site in Humboldt County, Nevada (referred 

24 to in this section as the ‘‘site’’), to evaluate— 

25 (1) how long it would take waste seepage (in26 cluding asbestos, discarded tires, and sludge from 
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1 water treatment plants) from the site to contaminate 

2 local underground water resources; 

3 (2) the distance that contamination from the site 

4 would travel in each of— 

5 (A) 95 years; and 

6 (B) 190 years; 

7 (3) the potential impact of expected waste seep8 age from the site on nearby surface water resources, 

9 including Rye Patch Reservoir and the Humboldt 

10 River; 

11 (4) the size and elevation of the aquifers; and 

12 (5) any impact that the waste seepage from the 

13 site would have on the municipal water resources of 

14 Winnemucca, Nevada. 

15 BUYOUT AND RELOCATION

16 SEC. 426. (a) As soon as practicable after the date of 

17 enactment of this Act, the Administrator of the Environ18 mental Protection Agency (referred to in this section as the 

19 ‘‘Administrator’’) is encouraged to consider all appropriate 

20 criteria, including cost-effectiveness, relating to the buyout 

21 and relocation of residents of properties in Treece, Kansas, 

22 that are subject to risk relating to, and that may endanger 

23 the health of occupants as a result of risks posed by, chat 

24 (as defined in section 278.1(b) of title 40, Code of Federal 

25 Regulations (as in effect on the date of enactment of this 

26 Act)). 
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1 (b) For the purpose of the remedial action under the 

2 Comprehensive Environmental Response, Compensation, 

3 and Liability Act of 1980 (42 U.S.C. 9601 et seq.) that in4 cludes permanent relocation of residents of Treece, Kansas, 

5 any such relocation shall not be subject to the Uniform Relo6 cation Assistance and Real Property Acquisition Policies 

7 Act of 1970 (42 U.S.C. 4601 et seq.). 

8 (c) Nothing in this section shall in any way affect, 

9 impede, or change the relocation or remediation activities 

10 pursuant to the Record of Decision Operable Unit 4, Chat 

11 Piles, Other Mine and Mill Waste, and Smelter Waste, Tar 

12 Creek Superfund Site, Ottawa County, Oklahoma 

13 (OKD980629844) issued by the Environmental Protection 

14 Agency Region 6 on February 20, 2008, or any other pre15 vious Record of Decision at the Tar Creek, Oklahoma, Na16 tional Priority List Site, by any Federal agency or through 

17 any funding by any Federal agency. 

18 SEC. 427. Section 404(c) of the Agricultural Research, 

19 Extension, and Education Reform Act of 1998 (7 U.S.C. 

20 7624(c)) is amended— 

21 (1) in paragraph (1), by striking ‘‘Agricultural 

22 Research Service’’ and inserting ‘‘Department of Ag23 riculture’’; and 

24 (2) by adding at the end the following: 
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1 ‘‘(3) AUTHORITY OF SECRETARY.—To carry out 

2 a cooperative agreement with a private entity under 

3 paragraph (1), the Secretary may rent to the private 

4 entity equipment, the title of which is held by the 

5 Federal Government.’’. 

6 SEC. 428. It is the sense of the Senate that the Sen7 ate— 

8 (1) supports the National Vehicle Mercury 

9 Switch Recovery Program as an effective way to re10 duce mercury pollution from electric arc furnaces 

11 used by the steel industry to melt scrap metal from 

12 old vehicles; and 

13 (2) urges the founders of the Program to secure 

14 private sector financial support so that the successful 

15 efforts of the Program to reduce mercury pollution 

16 may continue. 

17 NATIONAL FOREST FOUNDATION

18 SEC. 429. Section 403(a) of the National Forest Foun19 dation Act (16 U.S.C. 583j–1(a)) is amended, in the first 

20 sentence, by striking ‘‘fifteen Directors’’ and inserting ‘‘not 

21 more than 30 Directors’’. 

22 CABIN USER FEES

23 SEC. 430. Notwithstanding any other provision of law, 

24 none of the funds made available by this Act shall be used 

25 to increase the amount of cabin user fees under section 608 

26 of the Cabin User Fee Fairness Act of 2000 (16 U.S.C. 
134 

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1 6207) to an amount beyond the amount levied on December 

2 31, 2009. 

3 FLAME FUND FOR EMERGENCY WILDFIRE SUPPRESSION

4 ACTIVITIES

5 SEC. 431. (a) DEFINITIONS.—In this section: 

6 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

7 means— 

8 (A) public land, as defined in section 103 of 

9 the Federal Land Policy and Management Act of 

10 1976 (43 U.S.C. 1702); 

11 (B) units of the National Park System; 

12 (C) refuges of the National Wildlife Refuge 

13 System; 

14 (D) land held in trust by the United States 

15 for the benefit of Indian tribes or members of an 

16 Indian tribe; and 

17 (E) land in the National Forest System, as 

18 defined in section 11(a) of the Forest and Range19 land Renewable Resources Planning Act of 1974 

20 (16 U.S.C. 1609(a)). 

21 (2) FLAME FUND.—The term ‘‘Flame Fund’’ 

22 means the Federal Land Assistance, Management, 

23 and Enhancement Fund established by subsection (b). 

24 (3) SECRETARIES.—The term ‘‘Secretaries’’ 

25 means the Secretary of the Interior and the Secretary 

26 of Agriculture, acting jointly. 
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1 (4) SECRETARY CONCERNED.—The term ‘‘Sec2 retary concerned’’ means— 

3 (A) the Secretary of the Interior, with re4 spect to Federal land described in subparagraphs 

5 (A), (B), (C), and (D) of paragraph (1); and 

6 (B) the Secretary of Agriculture, with re7 spect to National Forest System land. 

8 (b) ESTABLISHMENT OF FLAME FUND.—There is es9 tablished in the Treasury of the United States a fund to 

10 be known as the ‘‘Federal Land Assistance, Management, 

11 and Enhancement Fund’’, consisting of— 

12 (1) such amounts as are appropriated to the 

13 Flame Fund; and 

14 (2) such amounts as are transferred to the Flame 

15 Fund under subsection (d). 

16 (c) FUNDING.— 

17 (1) AUTHORIZATION OF APPROPRIATIONS.— 

18 (A) IN GENERAL.—There are authorized to 

19 be appropriated to the Flame Fund such 

20 amounts as are necessary to carry out this sec21 tion. 

22 (B) CONGRESSIONAL INTENT.—It is the in23 tent of Congress that the amounts appropriated 

24 to the Flame Fund for each fiscal year should be 

25 not less than the combined average amount ex-
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1 pended by each Secretary concerned for emer2 gency wildfire suppression activities over the 5 

3 fiscal years preceding the fiscal year for which 

4 amounts are appropriated. 

5 (C) AVAILABILITY.—Amounts appropriated 

6 to the Flame Fund shall remain available until 

7 expended. 

8 (2) APPROPRIATION.—There is appropriated to 

9 the Flame Fund, out of funds of the Treasury not oth10 erwise appropriated, $834,000,000. 

11 (3) SENSE OF CONGRESS ON DESIGNATION OF

12 FLAME FUND APPROPRIATIONS AS EMERGENCY RE13 QUIREMENT.—It is the sense of Congress that further 

14 amounts appropriated to the Flame Fund should be 

15 designated as amounts necessary to meet emergency 

16 needs. 

17 (4) NOTICE OF INSUFFICIENT FUNDS.—The Sec18 retaries shall notify the congressional committees de19 scribed in subsection (h)(2) if the Secretaries estimate 

20 that only 60 days worth of funding remains in the 

21 Flame Fund. 

22 (d) TRANSFER OF EXCESS WILDFIRE SUPPRESSION

23 AMOUNTS INTO FLAME FUND.—At the end of each fiscal 

24 year, the Secretary concerned shall transfer to the Flame 

25 Fund amounts that— 
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1 (1) are appropriated to the Secretary concerned 

2 for wildfire suppression activities for the fiscal year; 

3 but 

4 (2) are not obligated for wildfire suppression ac5 tivities before the end of the fiscal year. 

6 (e) USE OF FLAME FUND.— 

7 (1) IN GENERAL.—Subject to paragraphs (2), 

8 (3), and (4), amounts in the Flame Fund shall be 

9 available to the Secretary concerned to pay the costs 

10 of emergency wildfire suppression activities that are 

11 separate from amounts annually appropriated to the 

12 Secretary concerned for routine wildfire suppression 

13 activities. 

14 (2) DECLARATION REQUIRED.— 

15 (A) IN GENERAL.—Amounts in the Flame 

16 Fund shall be made available to the Secretary 

17 concerned only after the Secretaries issue a dec18 laration that a wildfire suppression activity is 

19 eligible for funding from the Flame Fund. 

20 (B) DECLARATION CRITERIA.—A declara21 tion by the Secretaries under subparagraph (A) 

22 may be issued only if— 

23 (i) in the case of an individual wild24 fire incident— 
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1 (I) the fire covers 300 or more 

2 acres; and 

3 (II) the Secretaries determine that 

4 the fire has required an emergency 

5 Federal response based on the signifi6 cant complexity, severity, or threat 

7 posed by the fire to human life, prop8 erty, or resources; or 

9 (ii) the cumulative costs of wildfire 

10 suppression activities for the Secretary con11 cerned have exceeded the amounts appro12 priated to the Secretary concerned for those 

13 activities (not including funds deposited in 

14 the Flame Fund). 

15 (3) TRANSFER OF AMOUNTS TO SECRETARY CON16 CERNED.—After issuance of a declaration under 

17 paragraph (2) and on request of the Secretary con18 cerned, the Secretary of the Treasury shall transfer 

19 from the Flame Fund to the Secretary concerned such 

20 amounts as the Secretaries determine are necessary 

21 for wildfire suppression activities associated with the 

22 declaration. 

23 (4) STATE, PRIVATE, AND TRIBAL LAND.—Use of 

24 the Flame Fund for emergency wildfire suppression 

25 activities on State land, private land, and tribal land 
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1 shall be consistent with any existing agreements in 

2 which the Secretary concerned has agreed to assume 

3 responsibility for wildfire suppression activities on 

4 the land. 

5 (f) TREATMENT OF ANTICIPATED AND PREDICTED AC6 TIVITIES.— 

7 (1) IN GENERAL.—Subject to subsection 

8 (e)(2)(B)(ii), the Secretary concerned shall continue 

9 to fund routine wildfire suppression activities within 

10 the appropriate agency budget for each fiscal year. 

11 (2) CONGRESSIONAL INTENT.—It is the intent of 

12 Congress that funding made available through the 

13 Flame Fund be used— 

14 (A) to supplement the funding otherwise ap15 propriated to the Secretary concerned; and 

16 (B) only for purposes in, and instances con17 sistent with, this section. 

18 (g) PROHIBITION ON OTHER TRANSFERS.—Any 

19 amounts in the Flame Fund and any amounts appro20 priated for the purpose of wildfire suppression on Federal 

21 land shall be obligated before the Secretary concerned may 

22 transfer funds from non-fire accounts for wildfire suppres23 sion. 

24 (h) ACCOUNTING AND REPORTS.— 
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1 (1) ACCOUNTING AND REPORTING SYSTEM.—The 

2 Secretaries shall establish an accounting and report3 ing system for the Flame Fund that is compatible 

4 with existing National Fire Plan reporting proce5 dures. 

6 (2) ANNUAL REPORT.—Annually, the Secretaries 

7 shall submit to the Committee on Natural Resources, 

8 the Committee on Agriculture, and the Committee on 

9 Appropriations of the House of Representatives and 

10 the Committee on Energy and Natural Resources, the 

11 Committee on Indian Affairs, and the Committee on 

12 Appropriations of the Senate and make available to 

13 the public a report that— 

14 (A) describes the use of amounts from the 

15 Flame Fund; and 

16 (B) includes any recommendations that the 

17 Secretaries may have to improve the administra18 tive control and oversight of the Flame Fund. 

19 (3) ESTIMATES OF WILDFIRE SUPPRESSION

20 COSTS TO IMPROVE BUDGETING AND FUNDING.— 

21 (A) IN GENERAL.—Consistent with the 

22 schedule provided in subparagraph (C), the Sec23 retaries shall submit to the committees described 

24 in paragraph (2) an estimate of anticipated 
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1 wildfire suppression costs for the applicable fis2 cal year and the subsequent fiscal year. 

3 (B) PEER REVIEW.—The methodology for 

4 developing the estimates under subparagraph (A) 

5 shall be subject to periodic peer review to ensure 

6 compliance with subparagraph (D). 

7 (C) SCHEDULE.—The Secretaries shall sub8 mit an estimate under subparagraph (A) dur9 ing— 

10 (i) the first week of February of each 

11 year; 

12 (ii) the first week of April of each year; 

13 (iii) the first week of July of each year; 

14 and 

15 (iv) if a bill making appropriations 

16 for the Department of the Interior and the 

17 Forest Service for the following fiscal year 

18 has not been enacted by September 1, the 

19 first week of September of each year. 

20 (D) REQUIREMENTS.—An estimate of an21 ticipated wildfire suppression costs shall be de22 veloped using the best available— 

23 (i) climate, weather, and other relevant 

24 data; and 

25 (ii) models and other analytic tools. 
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1 (i) TERMINATION OF AUTHORITY.—The authority 

2 under this section shall terminate at the end of the third 

3 fiscal year in which no appropriations to or withdrawals 

4 from the Flame Fund have been made for a period of 3 

5 consecutive fiscal years. 

6 COHESIVE WILDFIRE MANAGEMENT STRATEGY

7 SEC. 432. (a) STRATEGY REQUIRED.—Not later than 

8 1 year after the date of enactment of this Act, the Secretary 

9 of the Interior and the Secretary of Agriculture, acting 

10 jointly, shall submit to Congress a report that contains a 

11 cohesive wildfire management strategy, consistent with the 

12 recommendations described in recent reports of the Govern13 ment Accountability Office regarding management strate14 gies. 

15 (b) ELEMENTS OF STRATEGY.—The strategy required 

16 by subsection (a) shall provide for— 

17 (1) the identification of the most cost-effective 

18 means for allocating fire management budget re19 sources; 

20 (2) the reinvestment in non-fire programs by the 

21 Secretary of the Interior and the Secretary of Agri22 culture; 

23 (3) employing the appropriate management re24 sponse to wildfires; 

25 (4) assessing the level of risk to communities; 
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1 (5) the allocation of hazardous fuels reduction 

2 funds based on the priority of hazardous fuels reduc3 tion projects; 

4 (6) assessing the impacts of climate change on 

5 the frequency and severity of wildfire; and 

6 (7) studying the effects of invasive species on 

7 wildfire risk. 

8 (c) REVISION.—At least once during each 5-year pe9 riod beginning on the date of the submission of the cohesive 

10 wildfire management strategy under subsection (a), the Sec11 retaries shall revise the strategy submitted under that sub12 section to address any changes affecting the strategy, in13 cluding changes with respect to landscape, vegetation, cli14 mate, and weather. 

15 PROHIBITION ON NO-BID CONTRACTS AND GRANTS

16 SEC. 433. (a) Notwithstanding any other provision of 

17 this Act, none of the funds appropriated or otherwise made 

18 available by this Act may be— 

19 (1) used to make any payment in connection 

20 with a contract not awarded using competitive proce21 dures in accordance with the requirements of section 

22 303 of the Federal Property and Administrative Serv23 ices Act of 1949 (41 U.S.C. 253), section 2304 of title 

24 10, United States Code, and the Federal Acquisition 

25 Regulation; or 
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1 (2) awarded by grant not subjected to merit2 based competitive procedures, needs-based criteria, or 

3 other procedures specifically authorized by law to se4 lect the grantee or award recipient. 

5 (b) This prohibition shall not apply to the awarding 

6 of contracts or grants with respect to which— 

7 (1) no more than one applicant submits a bid 

8 for a contract or grant; or 

9 (2) Federal law specifically authorizes a grant or 

10 contract to be entered into without regard for these re11 quirements, including formula grants for States, or 

12 Federally recognized Indian tribes; or 

13 (3) such contracts or grants are authorized by 

14 the Indian Self-Determination and Education and 

15 Assistance Act (Public Law 93–638, 25 U.S.C. 450 et 

16 seq., as amended) or by any other Federal laws that 

17 specifically authorize a grant or contract with an In18 dian tribe as defined in section 4(e) of that Act (25 

19 U.S.C. 450b (e)). 

20 SEC. 434. (a) Notwithstanding any other provision of 

21 this Act and except as provided in subsection (b), any re22 port required to be submitted by a Federal agency or de23 partment to the Committee on Appropriations of either the 

24 Senate or the House of Representatives in this Act shall 
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1 be posted on the public website of that agency upon receipt 

2 by the committee. 

3 (b) Subsection (a) shall not apply to a report if— 

4 (1) the public posting of the report compromises 

5 national security; or 

6 (2) the report contains proprietary information. 

7 SEC. 435. Section 1971(1) of the Omnibus Public Land 

8 Management Act of 2009 (16 U.S.C. 460www note; Public 

9 Law 111–11) is amended by striking ‘‘December 18, 2008’’ 

10 and inserting ‘‘September 20, 2009’’. 

11 TAR CREEK SUPERFUND SITE

12 SEC. 436. (a) IN GENERAL.—To expedite the cleanup 

13 of the Federal land and Indian land at the Tar Creek 

14 Superfund Site (referred to in this section as the ‘‘site’’), 

15 any purchase of chat (as defined in section 278.1(b) of title 

16 40, Code of Federal Regulations (or a successor regulation)), 

17 from the site shall be— 

18 (1) counted at twice the purchase price of the 

19 chat; and 

20 (2) eligible to be counted toward meeting the fed21 erally required disadvantaged business enterprise set22 aside on federally funded projects. 

23 (b) RESTRICTED INDIAN OWNERS.—Subsection (a) 

24 shall only apply if the purchase of chat is made from 1 

25 or more restricted Indian owners or an Indian tribe. 
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1 (c) APPLICABLE LAW.—The use of chat acquired under 

2 subsection (a) shall conform with applicable laws (includ3 ing the regulations for the use of chat promulgated by the 

4 Administrator of the Environmental Protection Agency). 

5 This Act may be cited as the ‘‘Department of the Inte6 rior, Environment, and Related Agencies Appropriations 

7 Act, 2010’’. 

Attest: 

Secretary. 

111TH CONGRESS 

1ST SESSION H.R. 2996 

AMENDMENT