II 

111TH CONGRESS 

1ST SESSION H. R. 2996 

IN THE SENATE OF THE UNITED STATES 

JULY 6, 2009 

Received; read twice and referred to the Committee on Appropriations 

AN ACT 

Making appropriations for the Department of the Interior, 

environment, and related agencies for the fiscal year 

ending September 30, 2010, and for other purposes. 

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


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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 

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

5 and for other purposes, namely: 

6 TITLE I—DEPARTMENT OF THE INTERIOR 

7 BUREAU OF LAND MANAGEMENT

8 MANAGEMENT OF LANDS AND RESOURCES

9 For necessary expenses for protection, use, improve10 ment, development, disposal, cadastral surveying, classi11 fication, acquisition of easements and other interests in 

12 lands, and performance of other functions, including main13 tenance of facilities, as authorized by law, in the manage14 ment of lands and their resources under the jurisdiction 

15 of the Bureau of Land Management, including the general 

16 administration of the Bureau, and assessment of mineral 

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

18 (16 U.S.C. 3150(a)), $950,496,000, to remain available 

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

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

21 amount by the National Fish and Wildlife Foundation for 

22 cost-shared projects supporting conservation of Bureau 

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

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

25 incurred. 


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1 In addition, $45,500,000 is for the processing of ap2 plications for permit to drill and related use authoriza3 tions, to remain available until expended, to be reduced 

4 by amounts collected by the Bureau and credited to this 

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

6 application for permit to drill that the Bureau shall collect 

7 upon 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 cred12 ited to this appropriation from annual mining claim fees 

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

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

15 available until expended, from communication site rental 

16 fees established by the Bureau for the cost of admin17 istering communication site activities. 

18 CONSTRUCTION

19 For construction of buildings, recreation facilities, 

20 roads, trails, and appurtenant facilities, $6,590,000, to re21 main available until expended. 

22 LAND ACQUISITION

23 For expenses necessary to carry out sections 205, 

24 206, and 318(d) of Public Law 94–579, including admin25 istrative expenses and acquisition of lands or waters, or 


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

2 Land and Water Conservation Fund and to remain avail3 able until expended. 

4 OREGON AND CALIFORNIA GRANT LANDS

5 For expenses necessary for management, protection, 

6 and development of resources and for construction, oper7 ation, and maintenance of access roads, reforestation, and 

8 other improvements on the revested Oregon and California 

9 Railroad grant lands, on other Federal lands in the Or10 egon and California land-grant counties of Oregon, and 

11 on adjacent rights-of-way; and acquisition of lands or in12 terests therein, including existing connecting roads on or 

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

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

15 aggregate of all receipts during the current fiscal year 

16 from the revested Oregon and California Railroad grant 

17 lands is hereby made a charge against the Oregon and 

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

19 General Fund in the Treasury in accordance with the sec20 ond paragraph of subsection (b) of title II of the Act of 

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

22 FOREST ECOSYSTEM HEALTH AND RECOVERY FUND

23 (REVOLVING FUND, SPECIAL ACCOUNT)

24 In addition to the purposes authorized in Public Law 

25 102–381, funds made available in the Forest Ecosystem 


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1 Health and Recovery Fund can be used through fiscal year 

2 2015 for the purpose of planning, preparing, imple3 menting and monitoring salvage timber sales and forest 

4 ecosystem health and recovery activities, such as release 

5 from competing vegetation and density control treatments. 

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

7 salvage timber receipts not paid to the counties under 43 

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

9 Law 106–393) derived from treatments funded by this ac10 count shall be deposited through fiscal year 2015 into the 

11 Forest Ecosystem Health and Recovery Fund. 

12 RANGE IMPROVEMENTS

13 For rehabilitation, protection, and acquisition of 

14 lands and interests therein, and improvement of Federal 

15 rangelands pursuant to section 401 of the Federal Land 

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

17 notwithstanding any other Act, sums equal to 50 percent 

18 of all moneys received during the prior fiscal year under 

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

20 315 et seq.) and the amount designated for range improve21 ments from grazing fees and mineral leasing receipts from 

22 Bankhead-Jones lands transferred to the Department of 

23 the Interior pursuant to law, but not less than 

24 $10,000,000, to remain available until expended: ProVerDate Nov 24 2008 22:39 Jul 06, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2996.RFS H2996

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1 vided, That not to exceed $600,000 shall be available for 

2 administrative expenses. 

3 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

4 For administrative expenses and other costs related 

5 to processing application documents and other authoriza6 tions for use and disposal of public lands and resources, 

7 for costs of providing copies of official public land docu8 ments, for monitoring construction, operation, and termi9 nation of facilities in conjunction with use authorizations, 

10 and for rehabilitation of damaged property, such amounts 

11 as may be collected under Public Law 94–579, as amend12 ed, and Public Law 93–153, to remain available until ex13 pended: Provided, That, notwithstanding any provision to 

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

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

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

17 forfeiture, compromise, or settlement, if not appropriate 

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

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

20 under the authority of this Act by the Secretary to im21 prove, protect, or rehabilitate any public lands adminis22 tered through the Bureau of Land Management which 

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

24 purchaser, permittee, or any unauthorized person, without 

25 regard to whether all moneys collected from each such acVerDate Nov 24 2008 22:39 Jul 06, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2996.RFS H2996

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1 tion are used on the exact lands damaged which led to 

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

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

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

5 repair other damaged public lands. 

6 MISCELLANEOUS TRUST FUNDS

7 In addition to amounts authorized to be expended 

8 under existing laws, there is hereby appropriated such 

9 amounts as may be contributed under section 307 of the 

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

11 amounts as may be advanced for administrative costs, sur12 veys, appraisals, and costs of making conveyances of omit13 ted lands under section 211(b) of that Act, to remain 

14 available until expended. 

15 ADMINISTRATIVE PROVISIONS

16 Appropriations for the Bureau of Land Management 

17 (BLM) shall be available for purchase, erection, and dis18 mantlement of temporary structures, and alteration and 

19 maintenance of necessary buildings and appurtenant fa20 cilities to which the United States has title; up to 

21 $100,000 for payments, at the discretion of the Secretary, 

22 for information or evidence concerning violations of laws 

23 administered by the Bureau; miscellaneous and emergency 

24 expenses of enforcement activities authorized or approved 

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


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

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

3 under cooperative cost-sharing and partnership arrange4 ments authorized by law, procure printing services from 

5 cooperators in connection with jointly produced publica6 tions for which the cooperators share the cost of printing 

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

8 the cooperator is capable of meeting accepted quality 

9 standards: Provided further, That projects to be funded 

10 pursuant to a written commitment by a State government 

11 to provide an identified amount of money in support of 

12 the project may be carried out by the Bureau on a reim13 bursable basis. 

14 UNITED STATES FISH AND WILDLIFE SERVICE

15 RESOURCE MANAGEMENT

16 For necessary expenses of the United States Fish and 

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

18 and economic studies, general administration, and for the 

19 performance of other authorized functions related to such 

20 resources by direct expenditure, contracts, grants, cooper21 ative agreements and reimbursable agreements with public 

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

23 until September 30, 2011 except as otherwise provided 

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

25 projects, which shall be carried out by the Youth ConVerDate Nov 24 2008 22:39 Jul 06, 2009 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2996.RFS H2996

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1 servation Corps: Provided further, That not to exceed 

2 $20,603,000 shall be used for implementing subsections 

3 (a), (b), (c), and (e) of section 4 of the Endangered Spe4 cies Act, as amended (except for processing petitions, de5 veloping and issuing proposed and final regulations, and 

6 taking any other steps to implement actions described in 

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

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

9 activity regarding the designation of critical habitat, pur10 suant to subsection (a)(3), excluding litigation support, for 

11 species listed pursuant to subsection (a)(1) prior to Octo12 ber 1, 2009: Provided further, That of the amount avail13 able for law enforcement, up to $400,000, to remain avail14 able until expended, may at the discretion of the Secretary 

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

16 concerning violations of laws administered by the Service, 

17 and miscellaneous and emergency expenses of enforcement 

18 activity, authorized or approved by the Secretary and to 

19 be accounted for solely on the Secretary’s certificate: Pro20 vided further, That of the amount provided for environ21 mental contaminants, up to $1,000,000 may remain avail22 able until expended for contaminant sample analyses. 

23 CONSTRUCTION

24 For construction, improvement, acquisition, or re25 moval of buildings and other facilities required in the conVerDate Nov 24 2008 22:39 Jul 06, 2009 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2996.RFS H2996

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1 servation, management, investigation, protection, and uti2 lization of fishery and wildlife resources, and the acquisi3 tion of lands and interests therein; $21,139,000, to remain 

4 available until expended. 

5 LAND ACQUISITION

6 For expenses necessary to carry out the Land and 

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

8 U.S.C. 460l–4 through 11), including administrative ex9 penses, and for acquisition of land or waters, or interest 

10 therein, in accordance with statutory authority applicable 

11 to the United States Fish and Wildlife Service, 

12 $67,250,000 (increased by $2,000,000), to be derived 

13 from the Land and Water Conservation Fund and to re14 main available until expended, of which, notwithstanding 

15 16 U.S.C. 460l–9, not more than $2,000,000 (increased 

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

17 authorized by the Highlands Conservation Act of 2004: 

18 Provided, That none of the funds appropriated for specific 

19 land acquisition projects may be used to pay for any ad20 ministrative overhead, planning or other management 

21 costs. 

22 COOPERATIVE ENDANGERED SPECIES CONSERVATION

23 FUND

24 For expenses necessary to carry out section 6 of the 

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


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1 as amended, $100,000,000, to remain available until ex2 pended, of which $34,307,000 is to be derived from the 

3 Cooperative Endangered Species Conservation Fund, of 

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

5 Clearwater River Basins Habitat Account pursuant to the 

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

7 $65,693,000 is to be derived from the Land and Water 

8 Conservation Fund. 

9 NATIONAL WILDLIFE REFUGE FUND

10 For expenses necessary to implement the Act of Octo11 ber 17, 1978 (16 U.S.C. 715s), $14,100,000. 

12 NORTH AMERICAN WETLANDS CONSERVATION FUND

13 For expenses necessary to carry out the provisions 

14 of the North American Wetlands Conservation Act, as 

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

16 available until expended. 

17 NEOTROPICAL MIGRATORY BIRD CONSERVATION

18 For expenses necessary to carry out the Neotropical 

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

20 6101 et seq.), $5,250,000, to remain available until ex21 pended. 

22 MULTINATIONAL SPECIES CONSERVATION FUND

23 For expenses necessary to carry out the African Ele24 phant Conservation Act (16 U.S.C. 4201–4203, 4211– 

25 4214, 4221–4225, 4241–4246, and 1538), the Asian EleVerDate Nov 24 2008 22:39 Jul 06, 2009 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2996.RFS H2996

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1 phant Conservation Act of 1997 (16 U.S.C. 4261–4266), 

2 the Rhinoceros and Tiger Conservation Act of 1994 (16 

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

4 2000 (16 U.S.C. 6301–6305), and the Marine Turtle Con5 servation Act of 2004 (16 U.S.C. 6601–6606), 

6 $11,500,000, to remain available until expended. 

7 STATE AND TRIBAL WILDLIFE GRANTS

8 For wildlife conservation grants to States and to the 

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

10 States Virgin Islands, the Northern Mariana Islands, 

11 American Samoa, and federally recognized Indian tribes 

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

13 and the Fish and Wildlife Coordination Act, for the devel14 opment and implementation of programs for the benefit 

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

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

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

18 $7,000,000 is for a competitive grant program for feder19 ally recognized Indian tribes not subject to the remaining 

20 provisions of this appropriation: Provided further, That 

21 $5,000,000 is for a competitive grant program for States, 

22 territories, and other jurisdictions with approved plans, 

23 not subject to the remaining provisions of this appropria24 tion: Provided further, That up to $20,000,000 is for in25 corporating wildlife adaptation strategies and actions to 


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1 address the impacts of climate change into State Wildlife 

2 Action plans and implementing these adaptation actions: 

3 Provided further, That the Secretary shall, after deducting 

4 $32,000,000 and administrative expenses, apportion the 

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

6 the District of Columbia and to the Commonwealth of 

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

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

9 the United States Virgin Islands, and the Commonwealth 

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

11 more than one-fourth of 1 percent thereof: Provided fur12 ther, That the Secretary shall apportion the remaining 

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

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

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

16 two-thirds of which is based on the ratio to which the pop17 ulation of such State bears to the total population of all 

18 such States: Provided further, That the amounts appor19 tioned under this paragraph shall be adjusted equitably 

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

21 than 1 percent of the amount available for apportionment 

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

23 percent of such amount: Provided further, That the Fed24 eral share of planning grants shall not exceed 75 percent 

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


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1 of implementation grants shall not exceed 75 percent of 

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

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

4 from Federal grant programs: Provided further, That no 

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

6 if its comprehensive wildlife conservation plan is dis7 approved and such funds that would have been distributed 

8 to such State, territory, or other jurisdiction shall be dis9 tributed equitably to States, territories, and other jurisdic10 tions with approved plans: Provided further, That any 

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

12 other jurisdiction that remains unobligated as of Sep13 tember 30, 2011, shall be reapportioned, together with 

14 funds appropriated in 2012, in the manner provided here15 in. 

16 ADMINISTRATIVE PROVISIONS

17 Appropriations and funds available to the United 

18 States Fish and Wildlife Service shall be available for re19 pair of damage to public roads within and adjacent to res20 ervation areas caused by operations of the Service; options 

21 for the purchase of land at not to exceed $1 for each op22 tion; facilities incident to such public recreational uses on 

23 conservation areas as are consistent with their primary 

24 purpose; and the maintenance and improvement of aquar25 ia, buildings, and other facilities under the jurisdiction of 


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

2 which are used pursuant to law in connection with man3 agement, and investigation of fish and wildlife resources: 

4 Provided, That notwithstanding 44 U.S.C. 501, the Serv5 ice may, under cooperative cost sharing and partnership 

6 arrangements authorized by law, procure printing services 

7 from cooperators in connection with jointly produced pub8 lications for which the cooperators share at least one-half 

9 the cost of printing either in cash or services and the Serv10 ice determines the cooperator is capable of meeting accept11 ed quality standards: Provided further, That, notwith12 standing any other provision of law, the Service may use 

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

14 employment-related legal services: Provided further, That 

15 the Service may accept donated aircraft as replacements 

16 for existing aircraft. 

17 NATIONAL PARK SERVICE

18 OPERATION OF THE NATIONAL PARK SYSTEM

19 For expenses necessary for the management, oper20 ation, and maintenance of areas and facilities adminis21 tered by the National Park Service (including expenses to 

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

23 for the general administration of the National Park Serv24 ice, $2,260,684,000, of which $9,982,000 for planning 

25 and interagency coordination in support of Everglades resVerDate Nov 24 2008 22:39 Jul 06, 2009 Jkt 079200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H2996.RFS H2996

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1 toration and $98,622,000 for maintenance, repair or reha2 bilitation projects for constructed assets, operation of the 

3 National Park Service automated facility management 

4 software system, and comprehensive facility condition as5 sessments shall remain available until September 30, 

6 2011. 

7 PARK PARTNERSHIP PROJECT GRANTS

8 For expenses necessary to carry out provisions of sec9 tion 814(g) of Public Law 104–333 relating to challenge 

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

11 until expended for Park Partnership signature projects 

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

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

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

15 or a pledge of donation guaranteed by an irrevocable letter 

16 of credit. 

17 NATIONAL RECREATION AND PRESERVATION

18 For expenses necessary to carry out recreation pro19 grams, natural programs, cultural programs, heritage 

20 partnership programs, environmental compliance and re21 view, international park affairs, statutory or contractual 

22 aid for other activities, and grant administration, not oth23 erwise provided for, $59,386,000. 


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1 HISTORIC PRESERVATION FUND

2 For expenses necessary in carrying out the Historic 

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

4 and the Omnibus Parks and Public Lands Management 

5 Act of 1996 (Public Law 104–333), $90,675,000 (in6 creased by $1,000,000), to be derived from the Historic 

7 Preservation Fund and to remain available until Sep8 tember 30, 2011; of which $30,000,000 (increased by 

9 $1,000,000) shall be for Save America’s Treasures for 

10 preservation of nationally significant sites, structures, and 

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

12 America grants to States, federally recognized Indian 

13 Tribes, and local communities for projects that preserve 

14 important historic resources through the promotion of her15 itage tourism: Provided, That of the funds provided for 

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

17 in the amounts specified for those projects and purposes 

18 in accordance with the terms and conditions specified in 

19 the explanatory statement accompanying this Act. 

20 CONSTRUCTION

21 For construction, improvements, repair or replace22 ment of physical facilities, including modifications author23 ized by section 104 of the Everglades National Park Pro24 tection and Expansion Act of 1989, $214,691,000 (re25 duced by $1,000,000), to remain available until expended: 


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1 Provided, That the National Park Service shall complete 

2 a special resource study along the route of the Mississippi 

3 River in the counties contiguous to the river from its head4 waters in the State of Minnesota to the Gulf of Mexico. 

5 LAND AND WATER CONSERVATION FUND

6 (RESCISSION)

7 The contract authority provided for fiscal year 2010 

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

9 LAND ACQUISITION AND STATE ASSISTANCE

10 For expenses necessary to carry out the Land and 

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

12 460l–4 through 11), including administrative expenses, 

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

14 in accordance with the statutory authority applicable to 

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

16 $10,000,000), to be derived from the Land and Water 

17 Conservation Fund and to remain available until ex18 pended, of which $30,000,000 (increased by $10,000,000) 

19 is for the State assistance program. 

20 ADMINISTRATIVE PROVISIONS

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

22 of Public Law 105–391, franchise fees credited to a sub23 account shall be available for expenditure by the Sec24 retary, without further appropriation, for use at any unit 

25 within the National Park System to extinguish or reduce 


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1 liability for Possessory Interest or leasehold surrender in2 terest. Such funds may only be used for this purpose to 

3 the extent that the benefiting unit anticipated franchise 

4 fee receipts over the term of the contract at that unit ex5 ceed the amount of funds used to extinguish or reduce 

6 liability. Franchise fees at the benefiting unit shall be 

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

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

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

10 to extinguish or reduce liability. 

11 For the costs of administration of the Land and 

12 Water Conservation Fund grants authorized by section 

13 105(a)(2)(B) of the Gulf of Mexico Energy Security Act 

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

15 may retain up to 3 percent of the amounts which are au16 thorized to be disbursed under such section, such retained 

17 amounts to remain available until expended. 

18 National Park Service funds may be transferred to 

19 the Federal Highway Administration (FHWA), Depart20 ment of Transportation, for purposes authorized under 23 

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

22 for FHWA administrative support costs. 


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1 UNITED STATES GEOLOGICAL SURVEY

2 SURVEYS, INVESTIGATIONS, AND RESEARCH

3 For expenses necessary for the United States Geo4 logical Survey to perform surveys, investigations, and re5 search covering topography, geology, hydrology, biology, 

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

7 its territories and possessions, and other areas as author8 ized by 43 U.S.C. 31, 1332, and 1340; classify lands as 

9 to their mineral and water resources; give engineering su10 pervision to power permittees and Federal Energy Regu11 latory Commission licensees; administer the minerals ex12 ploration program (30 U.S.C. 641); conduct inquiries into 

13 the economic conditions affecting mining and materials 

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

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

16 and to publish and disseminate data relative to the fore17 going activities; $1,105,744,000, to remain available until 

18 September 30, 2011, of which $65,561,000 shall be avail19 able only for cooperation with States or municipalities for 

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

21 remain available until expended for satellite operations; 

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

23 for deferred maintenance and capital improvement 

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

25 $2,000,000 shall be available for the United States GeoVerDate Nov 24 2008 22:39 Jul 06, 2009 Jkt 079200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H2996.RFS H2996

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1 logical Survey to fund the operating expenses for the Civil 

2 Applications Committee: Provided, That none of the funds 

3 provided for the biological research activity shall be used 

4 to conduct new surveys on private property, unless specifi5 cally authorized in writing by the property owner: Pro6 vided further, That no part of this appropriation shall be 

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

8 mapping or water resources data collection and investiga9 tions carried on in cooperation with States and municipali10 ties. 

11 ADMINISTRATIVE PROVISIONS

12 From within the amount appropriated for activities 

13 of the United States Geological Survey such sums as are 

14 necessary shall be available for reimbursement to the Gen15 eral Services Administration for security guard services; 

16 contracting for the furnishing of topographic maps and 

17 for the making of geophysical or other specialized surveys 

18 when it is administratively determined that such proce19 dures are in the public interest; construction and mainte20 nance of necessary buildings and appurtenant facilities; 

21 acquisition of lands for gauging stations and observation 

22 wells; expenses of the United States National Committee 

23 on Geology; and payment of compensation and expenses 

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

25 represent the United States in the negotiation and adminVerDate Nov 24 2008 22:39 Jul 06, 2009 Jkt 079200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H2996.RFS H2996

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1 istration of interstate compacts: Provided, That activities 

2 funded by appropriations herein made may be accom3 plished through the use of contracts, grants, or coopera4 tive agreements as defined in 31 U.S.C. 6302 et seq.: Pro5 vided further, That the United States Geological Survey 

6 may enter into contracts or cooperative agreements di7 rectly with individuals or indirectly with institutions or 

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

9 for the temporary or intermittent services of students or 

10 recent graduates, who shall be considered employees for 

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

12 Code, relating to compensation for travel and work inju13 ries, and chapter 171 of title 28, United States Code, re14 lating to tort claims, but shall not be considered to be Fed15 eral employees for any other purposes. 

16 MINERALS MANAGEMENT SERVICE

17 ROYALTY AND OFFSHORE MINERALS MANAGEMENT

18 For expenses necessary for minerals leasing and envi19 ronmental studies, regulation of industry operations, and 

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

21 laws and regulations applicable to oil, gas, and other min22 erals leases, permits, licenses and operating contracts; for 

23 energy-related or other authorized marine-related pur24 poses on the Outer Continental Shelf; and for matching 

25 grants or cooperative agreements, $174,317,000, to reVerDate Nov 24 2008 22:39 Jul 06, 2009 Jkt 079200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H2996.RFS H2996

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1 main available until September 30, 2011, of which 

2 $89,374,000 shall be available for royalty management ac3 tivities; and an amount not to exceed $156,730,000, to 

4 be credited to this appropriation and to remain available 

5 until expended, from additions to receipts resulting from 

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

7 cost recovery fees: Provided, That notwithstanding 31 

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

9 assessed under 31 U.S.C. 9701 shall be collected and cred10 ited to this account and shall be available until expended 

11 for necessary expenses: Provided further, That to the ex12 tent $156,730,000 in addition to receipts are not realized 

13 from the sources of receipts stated above, the amount 

14 needed to reach $156,730,000 shall be credited to this ap15 propriation from receipts resulting from rental rates for 

16 Outer Continental Shelf leases in effect before August 5, 

17 1993: Provided further, That not to exceed $3,000 shall 

18 be available for reasonable expenses related to promoting 

19 volunteer beach and marine cleanup activities: Provided 

20 further, That notwithstanding any other provision of law, 

21 $15,000 under this heading shall be available for refunds 

22 of overpayments in connection with certain Indian leases 

23 in which the Director of MMS concurred with the claimed 

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

25 tribes, or to correct prior unrecoverable erroneous payVerDate Nov 24 2008 22:39 Jul 06, 2009 Jkt 079200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H2996.RFS H2996

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1 ments: Provided further, That for the costs of administra2 tion of the Coastal Impact Assistance Program authorized 

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

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

5 may retain up to 4 percent of the amounts which are dis6 bursed under section 31(b)(1), such retained amounts to 

7 remain available until expended. 

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

9 available until expended, which shall be derived from non10 refundable inspection fees collected in fiscal year 2010, as 

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

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

13 needed to reach $10,000,000 shall be credited to this ap14 propriation from receipts resulting from rental rates for 

15 Outer Continental Shelf leases in effect before August 5, 

16 1993. 

17 OIL SPILL RESEARCH

18 For necessary expenses to carry out title I, section 

19 1016, title IV, sections 4202 and 4303, title VII, and title 

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

21 $6,303,000, which shall be derived from the Oil Spill Li22 ability Trust Fund, to remain available until expended. 

23 ADMINISTRATIVE PROVISION

24 Notwithstanding the provisions of section 35(b) of 

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


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1 the Secretary shall deduct 2 percent from the amount pay2 able to each State in fiscal year 2010 and deposit the 

3 amount deducted to miscellaneous receipts of the Treas4 ury. 

5 OFFICE OF SURFACE MINING RECLAMATION AND

6 ENFORCEMENT

7 REGULATION AND TECHNOLOGY

8 For necessary expenses to carry out the provisions 

9 of the Surface Mining Control and Reclamation Act of 

10 1977, Public Law 95–87, as amended, $127,180,000, to 

11 remain available until September 30, 2011: Provided, 

12 That appropriations for the Office of Surface Mining Rec13 lamation and Enforcement may provide for the travel and 

14 per diem expenses of State and tribal personnel attending 

15 Office of Surface Mining Reclamation and Enforcement 

16 sponsored training. 

17 ABANDONED MINE RECLAMATION FUND

18 For necessary expenses to carry out title IV of the 

19 Surface Mining Control and Reclamation Act of 1977, 

20 Public Law 95–87, as amended, $32,088,000, to be de21 rived from receipts of the Abandoned Mine Reclamation 

22 Fund and to remain available until expended: Provided, 

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

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

25 the recovery of the delinquent debt owed to the United 


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1 States Government to pay for contracts to collect these 

2 debts: Provided further, That amounts provided under this 

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

4 of State and tribal personnel attending Office of Surface 

5 Mining Reclamation and Enforcement sponsored training: 

6 Provided further, That funds made available under title 

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

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

9 Federal Government for the purpose of environmental res10 toration related to treatment or abatement of acid mine 

11 drainage from abandoned mines: Provided further, That 

12 such projects must be consistent with the purposes and 

13 priorities of the Surface Mining Control and Reclamation 

14 Act. 

15 ADMINISTRATIVE PROVISION

16 With funds available for the Technical Innovation 

17 and Professional Services program in this Act, the Sec18 retary may transfer title for computer hardware, software 

19 and other technical equipment to State and tribal regu20 latory and reclamation programs. 

21 BUREAU OF INDIAN AFFAIRS

22 OPERATION OF INDIAN PROGRAMS

23 (INCLUDING TRANSFER OF FUNDS)

24 For expenses necessary for the operation of Indian 

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


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1 of November 2, 1921 (25 U.S.C. 13), the Indian Self-De2 termination and Education Assistance Act of 1975 (25 

3 U.S.C. 450 et seq.), as amended, the Education Amend4 ments of 1978 (25 U.S.C. 2001–2019), and the Tribally 

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

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

7 September 30, 2011 except as otherwise provided herein; 

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

9 and representation expenses; of which not to exceed 

10 $74,915,000 shall be for welfare assistance payments: 

11 Provided, That in cases of designated Federal disasters, 

12 the Secretary may exceed such cap, from the amounts pro13 vided herein, to provide for disaster relief to Indian com14 munities affected by the disaster; and of which, notwith15 standing any other provision of law, including but not lim16 ited to the Indian Self-Determination Act of 1975, as 

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

18 for payments for contract support costs associated with 

19 ongoing contracts, grants, compacts, or annual funding 

20 agreements entered into with the Bureau prior to or dur21 ing fiscal year 2010, as authorized by such Act, except 

22 that federally recognized tribes, and tribal organizations 

23 of federally recognized tribes, may use their tribal priority 

24 allocations for unmet contract support costs of ongoing 

25 contracts, grants, or compacts, or annual funding agreeVerDate Nov 24 2008 22:39 Jul 06, 2009 Jkt 079200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H2996.RFS H2996

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1 ments and for unmet welfare assistance costs; of which 

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

3 Bureau-funded schools and other education programs 

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

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

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

7 for housing improvement, road maintenance, attorney 

8 fees, litigation support, the Indian Self-Determination 

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

10 Settlement Program: Provided further, That notwith11 standing any other provision of law, including but not lim12 ited to the Indian Self-Determination Act of 1975, as 

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

14 within and only from such amounts made available for 

15 school operations shall be available for administrative cost 

16 grants associated with ongoing grants entered into with 

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

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

19 within and only from such amounts made available for ad20 ministrative cost grants shall be available for the transi21 tional costs of initial administrative cost grants to grant22 ees that assume operation on or after July 1, 2009, of 

23 Bureau-funded schools: Provided further, That any for24 estry funds allocated to a federally recognized tribe which 

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


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1 transferred during fiscal year 2012 to an Indian forest 

2 land assistance account established for the benefit of the 

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

4 Provided further, That any such unobligated balances not 

5 so transferred shall expire on September 30, 2012: Pro6 vided further, That in order to enhance the safety of Bu7 reau field employees, the Bureau may use funds to pur8 chase uniforms or other identifying articles of clothing for 

9 personnel. 

10 CONSTRUCTION

11 (INCLUDING TRANSFER OF FUNDS)

12 For construction, repair, improvement, and mainte13 nance of irrigation and power systems, buildings, utilities, 

14 and other facilities, including architectural and engineer15 ing services by contract; acquisition of lands, and interests 

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

17 construction of the Navajo Indian Irrigation Project pur18 suant to Public Law 87–483, $200,000,000, to remain 

19 available until expended: Provided, That such amounts as 

20 may be available for the construction of the Navajo Indian 

21 Irrigation Project may be transferred to the Bureau of 

22 Reclamation: Provided further, That not to exceed 6 per23 cent of contract authority available to the Bureau of In24 dian Affairs from the Federal Highway Trust Fund may 

25 be used to cover the road program management costs of 


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

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

3 shall be made available on a nonreimbursable basis: Pro4 vided further, That for fiscal year 2010, in implementing 

5 new construction or facilities improvement and repair 

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

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

8 Secretary of the Interior shall use the Administrative and 

9 Audit Requirements and Cost Principles for Assistance 

10 Programs contained in 43 CFR part 12 as the regulatory 

11 requirements: Provided further, That such grants shall not 

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

13 the grantee shall negotiate and determine a schedule of 

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

15 That in considering grant applications, the Secretary shall 

16 consider whether such grantee would be deficient in assur17 ing that the construction projects conform to applicable 

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

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

20 2005(b), with respect to organizational and financial man21 agement capabilities: Provided further, That if the Sec22 retary declines a grant application, the Secretary shall fol23 low the requirements contained in 25 U.S.C. 2504(f): Pro24 vided further, That any disputes between the Secretary 

25 and any grantee concerning a grant shall be subject to 


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1 the disputes provision in 25 U.S.C. 2507(e): Provided fur2 ther, That in order to ensure timely completion of con3 struction projects, the Secretary may assume control of 

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

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

6 grantee receiving funds appropriated in this Act or in any 

7 prior Act, has not completed the planning and design 

8 phase of the project and commenced construction: Pro9 vided further, That this appropriation may be reimbursed 

10 from the Office of the Special Trustee for American Indi11 ans appropriation for the appropriate share of construc12 tion costs for space expansion needed in agency offices to 

13 meet trust reform implementation. 

14 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

15 MISCELLANEOUS PAYMENTS TO INDIANS

16 For payments and necessary administrative expenses 

17 for implementation of Indian land and water claim settle18 ments pursuant to Public Laws 99–264, 100–580, 101– 

19 618, 108–447, 109–379, 109–479, 110–297, and 111–11, 

20 and for implementation of other land and water rights set21 tlements, $47,380,000, to remain available until expended. 

22 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

23 For the cost of guaranteed loans and insured loans, 

24 $8,215,000, of which $1,629,000 is for administrative ex25 penses, as authorized by the Indian Financing Act of 


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1 1974, as amended: Provided, That such costs, including 

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

3 section 502 of the Congressional Budget Act of 1974: Pro4 vided further, That these funds are available to subsidize 

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

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

7 INDIAN LAND CONSOLIDATION

8 For consolidation of fractional interests in Indian 

9 lands and expenses associated with redetermining and re10 distributing escheated interests in allotted lands, and for 

11 necessary expenses to carry out the Indian Land Consoli12 dation Act (25 U.S.C. 2201 et seq.), as amended, by direct 

13 expenditure or cooperative agreement, $3,000,000, to re14 main available until expended. 

15 ADMINISTRATIVE PROVISIONS

16 The Bureau of Indian Affairs may carry out the oper17 ation of Indian programs by direct expenditure, contracts, 

18 cooperative agreements, compacts and grants, either di19 rectly or in cooperation with States and other organiza20 tions. 

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

22 Affairs may contract for services in support of the man23 agement, operation, and maintenance of the Power Divi24 sion of the San Carlos Irrigation Project. 


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1 Appropriations for the Bureau of Indian Affairs (ex2 cept the Revolving Fund for Loans Liquidating Account, 

3 Indian Loan Guaranty and Insurance Fund Liquidating 

4 Account, Indian Guaranteed Loan Financing Account, In5 dian Direct Loan Financing Account, and the Indian 

6 Guaranteed Loan Program Account) shall be available for 

7 expenses of exhibits. 

8 Notwithstanding any other provision of law, no funds 

9 available to the Bureau of Indian Affairs for central office 

10 oversight and Executive Direction and Administrative 

11 Services (except executive direction and administrative 

12 services funding for Tribal Priority Allocations, regional 

13 offices, and facilities operations and maintenance) shall be 

14 available for contracts, grants, compacts, or cooperative 

15 agreements with the Bureau of Indian Affairs under the 

16 provisions of the Indian Self-Determination Act or the 

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

18 413). 

19 In the event any federally recognized tribe returns ap20 propriations made available by this Act to the Bureau of 

21 Indian Affairs, this action shall not diminish the Federal 

22 Government’s trust responsibility to that tribe, or the gov23 ernment-to-government relationship between the United 

24 States and that tribe, or that tribe’s ability to access fu25 ture appropriations. 


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1 Notwithstanding any other provision of law, no funds 

2 available to the Bureau, other than the amounts provided 

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

4 452 et seq., shall be available to support the operation of 

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

6 Appropriations made available in this or any other 

7 Act for schools funded by the Bureau shall be available 

8 only to the schools in the Bureau school system as of Sep9 tember 1, 1996. No funds available to the Bureau shall 

10 be used to support expanded grades for any school or dor11 mitory beyond the grade structure in place or approved 

12 by the Secretary of the Interior at each school in the Bu13 reau school system as of October 1, 1995. Funds made 

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

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

16 is defined in section 1146 of the Education Amendments 

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

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

19 Act and that has operated at a Bureau-funded school be20 fore September 1, 1999, may continue to operate during 

21 that period, but only if the charter school pays to the Bu22 reau a pro rata share of funds to reimburse the Bureau 

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

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

25 separate and apart from Bureau funds, and the Bureau 


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1 does not assume any obligation for charter school pro2 grams of the State in which the school is located if the 

3 charter school loses such funding. Employees of Bureau4 funded schools sharing a campus with a charter school and 

5 performing functions related to the charter schools oper6 ation and employees of a charter school shall not be treat7 ed as Federal employees for purposes of chapter 171 of 

8 title 28, United States Code. 

9 Notwithstanding any other provision of law, including 

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

11 113, if in fiscal year 2003 or 2004 a grantee received indi12 rect and administrative costs pursuant to a distribution 

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

14 Secretary shall continue to distribute indirect and admin15 istrative cost funds to such grantee using the section 5(f) 

16 distribution formula. 

17 DEPARTMENTAL OFFICES

18 OFFICE OF THE SECRETARY

19 SALARIES AND EXPENSES

20 For necessary expenses for management of the De21 partment of the Interior, $118,836,000; of which 

22 $12,136,000 for consolidated appraisal services is to be 

23 derived from the Land and Water Conservation Fund and 

24 shall remain available until expended; of which not to ex25 ceed $15,000 may be for official reception and representaVerDate Nov 24 2008 22:39 Jul 06, 2009 Jkt 079200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H2996.RFS H2996

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1 tion expenses; and of which up to $1,000,000 shall be 

2 available for workers compensation payments and unem3 ployment compensation payments associated with the or4 derly closure of the United States Bureau of Mines: Pro5 vided, That for fiscal year 2010 up to $400,000 of the 

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

7 amended (31 U.S.C. 6901–6907) may be retained for ad8 ministrative expenses of the Payments in Lieu of Taxes 

9 Program: Provided further, That no payment shall be 

10 made pursuant to that Act to otherwise eligible units of 

11 local government if the computed amount of the payment 

12 is less than $100. 

13 INSULAR AFFAIRS

14 ASSISTANCE TO TERRITORIES

15 For expenses necessary for assistance to territories 

16 under the jurisdiction of the Department of the Interior, 

17 $83,995,000, of which: (1) $74,715,000 shall remain 

18 available until expended for technical assistance, including 

19 maintenance assistance, disaster assistance, insular man20 agement controls, coral reef initiative activities, and brown 

21 tree snake control and research; grants to the judiciary 

22 in American Samoa for compensation and expenses, as au23 thorized by law (48 U.S.C. 1661(c)); grants to the Govern24 ment of American Samoa, in addition to current local rev25 enues, for construction and support of governmental funcVerDate Nov 24 2008 22:39 Jul 06, 2009 Jkt 079200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H2996.RFS H2996

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1 tions; grants to the Government of the Virgin Islands as 

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

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

4 the Northern Mariana Islands as authorized by law (Pub5 lic Law 94–241; 90 Stat. 272); and (2) $9,280,000 shall 

6 be available until September 30, 2011 for salaries and ex7 penses of the Office of Insular Affairs: Provided, That all 

8 financial transactions of the territorial and local govern9 ments herein provided for, including such transactions of 

10 all agencies or instrumentalities established or used by 

11 such governments, may be audited by the Government Ac12 countability Office, at its discretion, in accordance with 

13 chapter 35 of title 31, United States Code: Provided fur14 ther, That Northern Mariana Islands Covenant grant 

15 funding shall be provided according to those terms of the 

16 Agreement of the Special Representatives on Future 

17 United States Financial Assistance for the Northern Mar18 iana Islands approved by Public Law 104–134: Provided 

19 further, That of the amounts provided for technical assist20 ance, sufficient funds shall be made available for a grant 

21 to the Pacific Basin Development Council: Provided fur22 ther, That of the amounts provided for technical assist23 ance, sufficient funding shall be made available for a grant 

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

25 funds for the program of operations and maintenance imVerDate Nov 24 2008 22:39 Jul 06, 2009 Jkt 079200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H2996.RFS H2996

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1 provement are appropriated to institutionalize routine op2 erations and maintenance improvement of capital infra3 structure with territorial participation and cost sharing to 

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

5 commitment to timely maintenance of its capital assets: 

6 Provided further, That any appropriation for disaster as7 sistance under this heading in this Act or previous appro8 priations Acts may be used as non-Federal matching 

9 funds for the purpose of hazard mitigation grants provided 

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

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

12 COMPACT OF FREE ASSOCIATION

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

14 remain available until expended, as provided for in sec15 tions 221(a)(2), 221(b), and 233 of the Compact of Free 

16 Association for the Republic of Palau; and section 

17 221(a)(2) of the Compacts of Free Association for the 

18 Government of the Republic of the Marshall Islands and 

19 the Federated States of Micronesia, as authorized by Pub20 lic Law 99–658 and Public Law 108–188. 

21 ADMINISTRATIVE PROVISIONS

22 (INCLUDING TRANSFER OF FUNDS)

23 At the request of the Governor of Guam, the Sec24 retary may transfer discretionary funds or mandatory 

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


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1 188 and Public Law 104–134, that are allocated for 

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

3 of direct or guaranteed loans, plus not to exceed three per4 cent of the amount of the subsidy transferred for the cost 

5 of loan administration, for the purposes authorized by the 

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

7 of the Consolidated Farm and Rural Development Act for 

8 construction and repair projects in Guam, and such funds 

9 shall remain available until expended: Provided, That such 

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

11 as defined in section 502 of the Congressional Budget Act 

12 of 1974: Provided further, That such loans or loan guaran13 tees may be made without regard to the population of the 

14 area, credit elsewhere requirements, and restrictions on 

15 the types of eligible entities under the Rural Electrifica16 tion Act of 1936 and section 306(a)(1) of the Consolidated 

17 Farm and Rural Development Act: Provided further, That 

18 any funds transferred to the Secretary of Agriculture shall 

19 be in addition to funds otherwise made available to make 

20 or guarantee loans under such authorities. 

21 OFFICE OF THE SOLICITOR

22 SALARIES AND EXPENSES

23 For necessary expenses of the Office of the Solicitor, 

24 $65,076,000. 


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1 OFFICE OF INSPECTOR GENERAL

2 SALARIES AND EXPENSES

3 For necessary expenses of the Office of Inspector 

4 General, $48,590,000. 

5 OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN

6 INDIANS

7 FEDERAL TRUST PROGRAMS

8 (INCLUDING TRANSFER OF FUNDS)

9 For the operation of trust programs for Indians by 

10 direct expenditure, contracts, cooperative agreements, 

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

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

13 this or any other Act, shall be available for historical ac14 counting: Provided, That funds for trust management im15 provements and litigation support may, as needed, be 

16 transferred to or merged with the Bureau of Indian Af17 fairs, ‘‘Operation of Indian Programs’’ account; the Office 

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

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

20 Provided further, That funds made available through con21 tracts or grants obligated during fiscal year 2010, as au22 thorized by the Indian Self-Determination Act of 1975 (25 

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

24 by the contractor or grantee: Provided further, That, not25 withstanding any other provision of law, the statute of limVerDate Nov 24 2008 22:39 Jul 06, 2009 Jkt 079200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H2996.RFS H2996

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1 itations shall not commence to run on any claim, including 

2 any claim in litigation pending on the date of the enact3 ment of this Act, concerning losses to or mismanagement 

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

5 has been furnished with an accounting of such funds from 

6 which the beneficiary can determine whether there has 

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

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

9 to provide a quarterly statement of performance for any 

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

11 18 months and has a balance of $15.00 or less: Provided 

12 further, That the Secretary shall issue an annual account 

13 statement and maintain a record of any such accounts and 

14 shall permit the balance in each such account to be with15 drawn upon the express written request of the account 

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

17 available for the Secretary to make payments to correct 

18 administrative errors of either disbursements from or de19 posits to Individual Indian Money or Tribal accounts after 

20 September 30, 2002: Provided further, That erroneous 

21 payments that are recovered shall be credited to and re22 main available in this account for this purpose. 


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1 DEPARTMENT-WIDE PROGRAMS

2 WILDLAND FIRE MANAGEMENT

3 (INCLUDING TRANSFERS OF FUNDS)

4 For necessary expenses for fire preparedness, sup5 pression operations, fire science and research, emergency 

6 rehabilitation, hazardous fuels reduction, and rural fire as7 sistance by the Department of the Interior, $932,780,000, 

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

9 $6,137,000 shall be for the renovation or construction of 

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

11 for repayment of advances to other appropriation accounts 

12 from which funds were previously transferred for such 

13 purposes: Provided further, That persons hired pursuant 

14 to 43 U.S.C. 1469 may be furnished subsistence and lodg15 ing without cost from funds available from this appropria16 tion: Provided further, That notwithstanding 42 U.S.C. 

17 1856d, sums received by a bureau or office of the Depart18 ment of the Interior for fire protection rendered pursuant 

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

20 property, may be credited to the appropriation from which 

21 funds were expended to provide that protection, and are 

22 available without fiscal year limitation: Provided further, 

23 That using the amounts designated under this title of this 

24 Act, the Secretary of the Interior may enter into procure25 ment contracts, grants, or cooperative agreements, for 


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1 hazardous fuels reduction activities, and for training and 

2 monitoring associated with such hazardous fuels reduction 

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

4 land for activities that benefit resources on Federal land: 

5 Provided further, That the costs of implementing any co6 operative agreement between the Federal Government and 

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

8 on by the affected parties: Provided further, That notwith9 standing requirements of the Competition in Contracting 

10 Act, the Secretary, for purposes of hazardous fuels reduc11 tion activities, may obtain maximum practicable competi12 tion among: (1) local private, nonprofit, or cooperative en13 tities; (2) Youth Conservation Corps crews, Public Lands 

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

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

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

17 train locally a significant percentage, defined as 50 per18 cent or more, of the project workforce to complete such 

19 contracts: Provided further, That in implementing this sec20 tion, the Secretary shall develop written guidance to field 

21 units to ensure accountability and consistent application 

22 of the authorities provided herein: Provided further, That 

23 funds appropriated under this head may be used to reim24 burse the United States Fish and Wildlife Service and the 

25 National Marine Fisheries Service for the costs of carrying 


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1 out their responsibilities under the Endangered Species 

2 Act of 1973 (16 U.S.C. 1531 et seq.) to consult and con3 ference, as required by section 7 of such Act, in connection 

4 with wildland fire management activities: Provided further, 

5 That the Secretary of the Interior may use wildland fire 

6 appropriations to enter into non-competitive sole source 

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

8 fair market value, to construct capitalized improvements 

9 for fire facilities on such leased properties, including but 

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

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

12 advance payments for any such lease or for construction 

13 activity associated with the lease: Provided further, That 

14 the Secretary of the Interior and the Secretary of Agri15 culture may authorize the transfer of funds appropriated 

16 for wildland fire management, in an aggregate amount not 

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

18 such transfers would facilitate and expedite jointly funded 

19 wildland fire management programs and projects. 

20 WILDLAND FIRE SUPPRESSION CONTINGENCY RESERVE

21 FUND

22 (INCLUDING TRANSFER OF FUNDS)

23 For necessary expenses for transfer to ‘‘Wildland 

24 Fire Management’’ for fire suppression operations of the 

25 Department of the Interior, $75,000,000, to remain availVerDate Nov 24 2008 22:39 Jul 06, 2009 Jkt 079200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H2996.RFS H2996

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1 able until expended: Provided, That amounts in this para2 graph may be transferred and expended only if all funds 

3 appropriated for fire suppression operations under the 

4 heading ‘‘Wildland Fire Management’’ shall be fully obli5 gated within 30 days: Provided further, That amounts are 

6 available only to the extent the President has issued a 

7 finding that the amounts are necessary for emergency fire 

8 suppression operations. 

9 CENTRAL HAZARDOUS MATERIALS FUND

10 For necessary expenses of the Department of the In11 terior and any of its component offices and bureaus for 

12 response action, including associated activities, performed 

13 pursuant to the Comprehensive Environmental Response, 

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

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

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

17 Stat. 2116) under the heading ‘‘Central Hazardous Mate18 rials Fund’’ is amended by striking ‘‘in advance of or as 

19 reimbursement for remedial action or response activities 

20 conducted by the Department pursuant to section 107 or 

21 113(f) of such Act’’ and inserting in lieu thereof ‘‘includ22 ing any fines or penalties’’. 


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1 NATURAL RESOURCE DAMAGE ASSESSMENT AND

2 RESTORATION

3 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

4 To conduct natural resource damage assessment and 

5 restoration activities by the Department of the Interior 

6 necessary to carry out the provisions of the Comprehensive 

7 Environmental Response, Compensation, and Liability 

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

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

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

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

12 19jj et seq.), $6,462,000, to remain available until ex13 pended. 

14 WORKING CAPITAL FUND

15 For the acquisition of a departmental financial and 

16 business management system and information technology 

17 improvements of general benefit to the Department, 

18 $85,823,000 (reduced by $10,000,000), to remain avail19 able until expended: Provided, That none of the funds in 

20 this Act or previous appropriations Acts may be used to 

21 establish reserves in the Working Capital Fund account 

22 other than for accrued annual leave and depreciation of 

23 equipment without prior approval of the House and Senate 

24 Committees on Appropriations: Provided further, That the 

25 Secretary may assess reasonable charges to State, local, 


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1 and tribal government employees for training services pro2 vided by the National Indian Program Training Center, 

3 other than training related to Public Law 93–638: Pro4 vided further, That the Secretary may lease or otherwise 

5 provide space and related facilities, equipment or profes6 sional services of the National Indian Program Training 

7 Center to State, local, and tribal government employees 

8 or persons or organizations engaged in cultural, edu9 cational, or recreational activities (as defined in 40 U.S.C. 

10 3306(a)) at the prevailing rate for similar space, facilities, 

11 equipment, or services in the vicinity of the National In12 dian Program Training Center: Provided further, That all 

13 funds received pursuant to the two preceding provisos 

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

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

16 expenses of the National Indian Program Training Center. 

17 ADMINISTRATIVE PROVISIONS

18 There is hereby authorized for acquisition from avail19 able resources within the Working Capital Fund, 15 air20 craft, 10 of which shall be for replacement and which may 

21 be obtained by donation, purchase or through available ex22 cess surplus property: Provided, That existing aircraft 

23 being replaced may be sold, with proceeds derived or 

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

25 replacement aircraft. 


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1 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

2 (INCLUDING TRANSFERS OF FUNDS)

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

4 available for expenditure or transfer (within each bureau 

5 or office), with the approval of the Secretary, for the emer6 gency reconstruction, replacement, or repair of aircraft, 

7 buildings, utilities, or other facilities or equipment dam8 aged or destroyed by fire, flood, storm, or other unavoid9 able causes: Provided, That no funds shall be made avail10 able under this authority until funds specifically made 

11 available to the Department of the Interior for emer12 gencies shall have been exhausted: Provided further, That 

13 all funds used pursuant to this section must be replenished 

14 by a supplemental appropriation which must be requested 

15 as promptly as possible. 

16 SEC. 102. The Secretary may authorize the expendi17 ture or transfer of any no year appropriation in this title, 

18 in addition to the amounts included in the budget pro19 grams of the several agencies, for the suppression or emer20 gency prevention of wildland fires on or threatening lands 

21 under the jurisdiction of the Department of the Interior; 

22 for the emergency rehabilitation of burned-over lands 

23 under its jurisdiction; for emergency actions related to po24 tential or actual earthquakes, floods, volcanoes, storms, or 

25 other unavoidable causes; for contingency planning subseVerDate Nov 24 2008 22:39 Jul 06, 2009 Jkt 079200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H2996.RFS H2996

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1 quent to actual oil spills; for response and natural resource 

2 damage assessment activities related to actual oil spills; 

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

4 potential grasshopper and Mormon cricket outbreaks on 

5 lands under the jurisdiction of the Secretary, pursuant to 

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

7 (99 Stat. 1658); for emergency reclamation projects under 

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

9 any no year funds available to the Office of Surface Min10 ing Reclamation and Enforcement, such funds as may be 

11 necessary to permit assumption of regulatory authority in 

12 the event a primacy State is not carrying out the regu13 latory provisions of the Surface Mining Act: Provided, 

14 That appropriations made in this title for wildland fire 

15 operations and shall be available for the payment of obli16 gations incurred during the preceding fiscal year, and for 

17 reimbursement to other Federal agencies for destruction 

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

19 their use for wildland fire operations, such reimbursement 

20 to be credited to appropriations currently available at the 

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

22 fire operations, no funds shall be made available under 

23 this authority until the Secretary determines that funds 

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

25 Fire Suppression Contingency Reserve Fund’’ shall be exVerDate Nov 24 2008 22:39 Jul 06, 2009 Jkt 079200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H2996.RFS H2996

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1 hausted within 30 days: Provided further, That all funds 

2 used pursuant to this section must be replenished by a 

3 supplemental appropriation which must be requested as 

4 promptly as possible: Provided further, That such replen5 ishment funds shall be used to reimburse, on a pro rata 

6 basis, accounts from which emergency funds were trans7 ferred. 

8 SEC. 103. Appropriations made to the Department 

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

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

11 Secretary, in total amount not to exceed $500,000; pur12 chase and replacement of motor vehicles, including spe13 cially equipped law enforcement vehicles; hire, mainte14 nance, and operation of aircraft; hire of passenger motor 

15 vehicles; purchase of reprints; payment for telephone serv16 ice in private residences in the field, when authorized 

17 under regulations approved by the Secretary; and the pay18 ment of dues, when authorized by the Secretary, for li19 brary membership in societies or associations which issue 

20 publications to members only or at a price to members 

21 lower than to subscribers who are not members. 

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

23 headings Bureau of Indian Affairs and Office of the Spe24 cial Trustee for American Indians and any unobligated 

25 balances from prior appropriations Acts made under the 


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1 same headings shall be available for expenditure or trans2 fer for Indian trust management and reform activities. 

3 Total funding for historical accounting activities shall not 

4 exceed amounts specifically designated in this Act for such 

5 purpose. 

6 SEC. 105. Notwithstanding any other provision of 

7 law, the Secretary of the Interior is authorized to redis8 tribute any Tribal Priority Allocation funds, including 

9 tribal base funds, to alleviate tribal funding inequities by 

10 transferring funds to address identified, unmet needs, 

11 dual enrollment, overlapping service areas or inaccurate 

12 distribution methodologies. No federally recognized tribe 

13 shall receive a reduction in Tribal Priority Allocation 

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

15 circumstances of dual enrollment, overlapping service 

16 areas or inaccurate distribution methodologies, the 10 per17 cent limitation does not apply. 

18 SEC. 106. Notwithstanding any other provision of 

19 law, in conveying the Twin Cities Research Center under 

20 the authority provided by Public Law 104–134, as amend21 ed by Public Law 104–208, the Secretary may accept and 

22 retain land and other forms of reimbursement: Provided, 

23 That the Secretary may retain and use any such reim24 bursement until expended and without further appropria25 tion: (1) for the benefit of the National Wildlife Refuge 


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1 System within the State of Minnesota; and (2) for all ac2 tivities authorized by 16 U.S.C. 460zz. 

3 SEC. 107. The Secretary of the Interior may use dis4 cretionary funds to pay private attorney fees and costs for 

5 employees and former employees of the Department of the 

6 Interior reasonably incurred in connection with Cobell v. 

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

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

9 no case shall the Secretary make payments under this sec10 tion that would result in payment of hourly fees in excess 

11 of the highest hourly rate approved by the District Court 

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

13 Salazar. 

14 SEC. 108. The United States Fish and Wildlife Serv15 ice shall, in carrying out its responsibilities to protect 

16 threatened and endangered species of salmon, implement 

17 a system of mass marking of salmonid stocks, intended 

18 for harvest, that are released from federally operated or 

19 federally financed hatcheries including but not limited to 

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

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

22 identified by commercial and recreational fishers. 

23 SEC. 109. Notwithstanding any other provision of 

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

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


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

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

3 of operating and maintaining facilities in the support of 

4 transportation and accommodation of visitors to Ellis, 

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

6 administrative activities, by donation or with appropriated 

7 funds, including franchise fees (and other monetary con8 sideration), or by exchange; and the Secretary is author9 ized to negotiate and enter into leases, subleases, conces10 sion contracts or other agreements for the use of such fa11 cilities on such terms and conditions as the Secretary may 

12 determine reasonable. 

13 SEC. 110. Title 43 U.S.C. 1473, as amended by Pub14 lic Law 111–8, is further amended by striking ‘‘in fiscal 

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

16 2010 through 2013’’. 

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

18 into cooperative agreements with a State or political sub19 division (including any agency thereof), or any not-for20 profit organization if the agreement will: (1) serve a mu21 tual interest of the parties to the agreement in carrying 

22 out the programs administered by the Department of the 

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

24 the accomplishment of these objectives. At the discretion 


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

2 a competitive process. 

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

4 land acquisition by the National Park Service for Ice Age 

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

6 a local government, or any other land management entity 

7 for the acquisition of lands without regard to any restric8 tion on the use of Federal land acquisition funds provided 

9 through the Land and Water Conservation Fund Act of 

10 1965 as amended. 

11 SEC. 113. Notwithstanding any other provision of 

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

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

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

15 to any lease authorizing exploration for or development of 

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

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

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

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

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

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

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

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

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

25 include any payment required by such lease, easement, 


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

2 by applicable regulation. 

3 SEC. 114. (a) In fiscal year 2010, the Minerals Man4 agement Service (MMS) shall collect a non-refundable in5 spection fee, which shall be deposited in the ‘‘Royalty and 

6 Offshore Minerals Management’’ account, from the des7 ignated operator for facilities subject to inspection by 

8 MMS under 43 U.S.C. 1348(c) that are above the water9 line, except mobile offshore drilling units, and are in place 

10 at the start of fiscal year 2010. 

11 (b) Fees for 2010 shall be— 

12 (1) $2,000 for facilities with no wells, but with 

13 processing equipment or gathering lines; 

14 (2) $3,250 for facilities with one to ten wells, 

15 with any combination of active or inactive wells; and 

16 (3) $6,000 for facilities with more than ten 

17 wells, with any combination of active or inactive 

18 wells. 

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

20 of enactment of this bill, with payment required within 

21 30 days of billing. 

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

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

24 National Historic Park, is amended by striking 

25 ‘‘$5,575,000’’ and inserting ‘‘$13,575,000’’. 


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

2 amended by adding after subparagraph (D) the following 

3 new subparagraphs: 

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

5 ‘Minidoka National Historic Site and Environs 

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

7 Secretary is authorized to accept a donation of 

8 land or interest in land acquired with funds 

9 provided under this section, as an addition to 

10 the Minidoka National Historic Site and admin11 istered in accordance with section 313(c)(5) of 

12 Public Law 110–229. 

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

14 6.3 of the Site Document.’’. 

15 TITLE II—ENVIRONMENTAL PROTECTION 

16 AGENCY 

17 SCIENCE AND TECHNOLOGY

18 For science and technology, including research and 

19 development activities, which shall include research and 

20 development activities under the Comprehensive Environ21 mental Response, Compensation, and Liability Act of 

22 1980, as amended; necessary expenses for personnel and 

23 related costs and travel expenses; procurement of labora24 tory equipment and supplies; and other operating expenses 


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

2 remain available until September 30, 2011. 

3 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

4 For environmental programs and management, in5 cluding necessary expenses, not otherwise provided for, for 

6 personnel and related costs and travel expenses; hire of 

7 passenger motor vehicles; hire, maintenance, and oper8 ation of aircraft; purchase of reprints; library member9 ships in societies or associations which issue publications 

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

11 subscribers who are not members; administrative costs of 

12 the brownfields program under the Small Business Liabil13 ity Relief and Brownfields Revitalization Act of 2002; and 

14 not to exceed $9,000 for official reception and representa15 tion expenses, $3,022,054,000, to remain available until 

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

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

18 for the Geographic Programs specified in the explanatory 

19 statement accompanying this Act. 

20 OFFICE OF INSPECTOR GENERAL

21 For necessary expenses of the Office of Inspector 

22 General in carrying out the provisions of the Inspector 

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

24 available until September 30, 2011. 


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1 BUILDINGS AND FACILITIES

2 For construction, repair, improvement, extension, al3 teration, and purchase of fixed equipment or facilities of, 

4 or for use by, the Environmental Protection Agency, 

5 $35,001,000 (reduced by $2,000,000), to remain available 

6 until expended. 

7 HAZARDOUS SUBSTANCE SUPERFUND

8 (INCLUDING TRANSFERS OF FUNDS)

9 For necessary expenses to carry out the Comprehen10 sive Environmental Response, Compensation, and Liabil11 ity Act of 1980 (CERCLA), as amended, including sec12 tions 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 

13 9611) $1,306,541,000, to remain available until expended, 

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

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

16 of the Superfund Amendments and Reauthorization Act 

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

18 from general revenues to the Hazardous Substance Super19 fund for purposes as authorized by section 517(b) of 

20 SARA, as amended: Provided, That funds appropriated 

21 under this heading may be allocated to other Federal 

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

23 Provided further, That of the funds appropriated under 

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

25 Inspector General’’ appropriation to remain available until 


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

2 ‘‘Science and Technology’’ appropriation to remain avail3 able until September 30, 2011. 

4 LEAKING UNDERGROUND STORAGE TANK TRUST FUND

5 PROGRAM

6 For necessary expenses to carry out leaking under7 ground storage tank cleanup activities authorized by sub8 title I of the Solid Waste Disposal Act, as amended, 

9 $113,101,000, to remain available until expended, of 

10 which $78,671,000 shall be for carrying out leaking un11 derground storage tank cleanup activities authorized by 

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

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

14 provisions of the Solid Waste Disposal Act specified in sec15 tion 9508(c) of the Internal Revenue Code, as amended: 

16 Provided, That the Administrator is authorized to use ap17 propriations made available under this heading to imple18 ment section 9013 of the Solid Waste Disposal Act to pro19 vide financial assistance to federally recognized Indian 

20 tribes for the development and implementation of pro21 grams to manage underground storage tanks. 

22 OIL SPILL RESPONSE

23 For expenses necessary to carry out the Environ24 mental Protection Agency’s responsibilities under the Oil 

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


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

2 expended. 

3 STATE AND TRIBAL ASSISTANCE GRANTS

4 For environmental programs and infrastructure as5 sistance, including capitalization grants for State revolv6 ing funds and performance partnership grants, 

7 $5,215,446,000, to remain available until expended, of 

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

9 grants for the Clean Water State Revolving Funds under 

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

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

12 for making capitalization grants for the Drinking Water 

13 State Revolving Funds under section 1452 of the Safe 

14 Drinking Water Act, as amended: Provided, That 

15 $20,000,000 shall be for architectural, engineering, plan16 ning, design, construction and related activities in connec17 tion with the construction of high priority water and 

18 wastewater facilities in the area of the United States-Mex19 ico border, after consultation with the appropriate border 

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

21 of Alaska to address drinking water and wastewater infra22 structure needs of rural and Alaska Native Villages: Pro23 vided further, That, of these funds: (1) the State of Alaska 

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

25 5 percent of the funds may be used for administrative and 


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1 overhead expenses; $160,000,000 shall be for making spe2 cial project grants for the construction of drinking water, 

3 wastewater and storm water infrastructure and for water 

4 quality protection in accordance with the terms and condi5 tions specified for such grants in the explanatory state6 ment accompanying this Act, and, for purposes of these 

7 grants, each grantee shall contribute not less than 45 per8 cent of the cost of the project unless the grantee is ap9 proved for a waiver by the Agency; $100,000,000 shall be 

10 to carry out section 104(k) of the Comprehensive Environ11 mental Response, Compensation, and Liability Act of 

12 1980 (CERCLA), as amended, including grants, inter13 agency agreements, and associated program support costs; 

14 $60,000,000 shall be for grants under title VII, subtitle 

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

16 $1,115,446,000 shall be for grants, including associated 

17 program support costs, to States, federally recognized 

18 tribes, interstate agencies, tribal consortia, and air pollu19 tion control agencies for multi-media or single media pol20 lution prevention, control and abatement and related ac21 tivities, including activities pursuant to the provisions set 

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

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

24 particulate matter monitoring and data collection activi25 ties subject to terms and conditions specified by the AdVerDate Nov 24 2008 22:39 Jul 06, 2009 Jkt 079200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H2996.RFS H2996

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1 ministrator, of which $49,495,000 shall be for carrying 

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

3 shall be for Environmental Information Exchange Net4 work grants, including associated program support costs, 

5 $18,500,000 of the funds available for grants under sec6 tion 106 of the Act shall be for water quality monitoring 

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

8 communities to develop plans and demonstrate and imple9 ment projects which reduce greenhouse gas emissions, 

10 and, in addition to funds appropriated under the heading 

11 ‘‘Leaking Underground Storage Tank Trust Fund Pro12 gram’’ to carry out the provisions of the Solid Waste Dis13 posal Act specified in section 9508(c) of the Internal Rev14 enue Code other than section 9003(h) of the Solid Waste 

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

16 to States under section 2007(f)(2) of the Solid Waste Dis17 posal Act, as amended: Provided further, That notwith18 standing section 603(d)(7) of the Federal Water Pollution 

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

20 water pollution control revolving fund that may be used 

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

22 amounts included as principal in loans made by such fund 

23 in fiscal year 2010 and prior years where such amounts 

24 represent costs of administering the fund to the extent 

25 that such amounts are or were deemed reasonable by the 


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1 Administrator, accounted for separately from other assets 

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

3 including administration: Provided further, That for fiscal 

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

5 the Administrator is authorized to use the amounts appro6 priated for any fiscal year under section 319 of that Act 

7 to make grants to federally recognized Indian tribes pur8 suant to sections 319(h) and 518(e) of that Act: Provided 

9 further, That for fiscal year 2010, notwithstanding the 

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

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

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

13 the funds appropriated for State Revolving Funds under 

14 such Acts may be reserved by the Administrator for grants 

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

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

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

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

19 funds appropriated for the Clean Water State Revolving 

20 Fund program under the Act may be reserved by the Ad21 ministrator for grants made under title II of the Clean 

22 Water Act for American Samoa, Guam, the Common23 wealth of the Northern Marianas, and United States Vir24 gin Islands: Provided further, That for fiscal year 2010, 

25 notwithstanding the limitations on amounts specified in 


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

2 percent of the funds appropriated for the Drinking Water 

3 State Revolving Fund programs under the Safe Drinking 

4 Water Act may be reserved by the Administrator for 

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

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

7 this appropriations Act to address the water, wastewater 

8 and other critical infrastructure needs of the colonias in 

9 the United States along the United States-Mexico border 

10 shall be made available to a county or municipal govern11 ment unless that government has established an enforce12 able local ordinance, or other zoning rule, which prevents 

13 in that jurisdiction the development or construction of any 

14 additional colonia areas, or the development within an ex15 isting colonia the construction of any new home, business, 

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

17 necessary infrastructure. 

18 ADMINISTRATIVE PROVISIONS, ENVIRONMENTAL

19 PROTECTION AGENCY

20 (INCLUDING TRANSFER AND RESCISSION OF FUNDS)

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

22 6303(1) and 6305(1), the Administrator of the Environ23 mental Protection Agency, in carrying out the Agency’s 

24 function to implement directly Federal environmental pro25 grams required or authorized by law in the absence of an 


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1 acceptable tribal program, may award cooperative agree2 ments to federally recognized Indian tribes or Intertribal 

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

4 the Administrator in implementing Federal environmental 

5 programs for Indian tribes required or authorized by law, 

6 except that no such cooperative agreements may be award7 ed from funds designated for State financial assistance 

8 agreements. 

9 The Administrator of the Environmental Protection 

10 Agency is authorized to collect and obligate pesticide reg11 istration service fees in accordance with section 33 of the 

12 Federal Insecticide, Fungicide, and Rodenticide Act, as 

13 amended by Public Law 110–94, the Pesticide Registra14 tion Improvement Renewal Act. 

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

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

17 amended in the fourth paragraph under the heading ‘‘Ad18 ministrative Provisions’’ by striking ‘‘2011’’ and inserting 

19 ‘‘2015’’. 

20 From unobligated balances to carry out projects and 

21 activities funded through the ‘‘State and Tribal Assistance 

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

23 rescinded: Provided, That no amounts may be cancelled 

24 from amounts that were designated by the Congress as 

25 an emergency requirement pursuant to the Concurrent 


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1 Resolution on the Budget or the Balanced Budget and 

2 Emergency Deficit Control Act of 1985, as amended. 

3 The Administrator is authorized to transfer up to 

4 $475,000,000 from the ‘‘Environmental Programs and 

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

6 department or agency (including but not limited to the De7 partments of Agriculture, Army, Commerce, Health and 

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

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

10 to carry out activities that would support the Great Lakes 

11 Restoration Initiative and Great Lakes Water Quality 

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

13 an interagency agreement with the head of such Federal 

14 department or agency to carry out these activities; and 

15 to make grants to governmental entities, nonprofit organi16 zations, institutions, and individuals for planning, re17 search, monitoring, outreach, and implementation in fur18 therance of the Great Lakes Restoration Initiative and the 

19 Great Lakes Water Quality Agreement. 

20 Not less than 30 percent of the funds made available 

21 under this title to each State for Clean Water State Re22 volving Fund capitalization grants and not less than 30 

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

24 State for Drinking Water State Revolving Fund capital25 ization grants shall be used by the State to provide addiVerDate Nov 24 2008 22:39 Jul 06, 2009 Jkt 079200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\H2996.RFS H2996

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1 tional subsidy to eligible recipients in the form of forgive2 ness of principal, negative interest loans, or grants (or any 

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

4 State Revolving Fund capitalization grant appropriation 

5 this section shall only apply to the portion that exceeds 

6 $1,000,000,000. 

7 To the extent there are sufficient eligible project ap8 plications, not less than 20 percent of the funds made 

9 available under this title to each State for Clean Water 

10 State Revolving Fund capitalization grants and not less 

11 than 20 percent of the funds made available under this 

12 title to each State for Drinking Water State Revolving 

13 Fund capitalization grants shall be used by the State for 

14 projects to address green infrastructure, water efficiency, 

15 or energy efficiency improvements. 

16 For fiscal year 2010 and each fiscal year thereafter, 

17 the requirements of section 513 of the Federal Water Pol18 lution Control Act (33 U.S.C. 1372) shall apply to the 

19 construction of treatment works carried out in whole or 

20 in part with assistance made available by a State water 

21 pollution control revolving fund as authorized by title VI 

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

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

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


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1 For fiscal year 2010 and each fiscal year thereafter, 

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

3 Water Act (42 U.S.C. 300j–9(e)) shall apply to any con4 struction project carried out in whole or in part with as5 sistance made available by a drinking water treatment re6 volving loan fund as authorized by section 1452 of that 

7 Act (42 U.S.C. 300j–12). 

8 TITLE III—RELATED AGENCIES 

9 DEPARTMENT OF AGRICULTURE 

10 FOREST SERVICE

11 FOREST AND RANGELAND RESEARCH

12 For necessary expenses of forest and rangeland re13 search as authorized by law, $308,612,000, to remain 

14 available until expended: Provided, That of the funds pro15 vided, $61,939,000 is for the forest inventory and analysis 

16 program. 

17 STATE AND PRIVATE FORESTRY

18 For necessary expenses of cooperating with and pro19 viding technical and financial assistance to States, terri20 tories, possessions, and others, and for forest health man21 agement, including treatments of pests, pathogens, and 

22 invasive or noxious plants and for restoring and rehabili23 tating forests damaged by pests or invasive plants, cooper24 ative forestry, and education and land conservation activi25 ties and conducting an international program as authorVerDate Nov 24 2008 22:39 Jul 06, 2009 Jkt 079200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H2996.RFS H2996

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1 ized, $307,486,000, to remain available until expended, as 

2 authorized by law; and of which $76,215,000 is to be de3 rived from the Land and Water Conservation Fund. 

4 NATIONAL FOREST SYSTEM

5 (INCLUDING TRANSFERS OF FUNDS)

6 For necessary expenses of the Forest Service, not 

7 otherwise provided for, for management, protection, im8 provement, and utilization of the National Forest System, 

9 $1,564,801,000 (reduced by $25,000,000) (increased by 

10 $25,000,000), to remain available until expended, which 

11 shall include 50 percent of all moneys received during 

12 prior fiscal years as fees collected under the Land and 

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

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

15 6a(i)): Provided, That, the Secretary may authorize the 

16 expenditure or transfer of up to $10,000,000 to the De17 partment of the Interior, Bureau of Land Management, 

18 for removal, preparation, and adoption of excess wild 

19 horses and burros from National Forest System lands, 

20 and for the performance of cadastral surveys to designate 

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

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

23 of other Forest Service accounts if the transfer enhances 

24 the efficiency or effectiveness of Federal activities. 


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1 CAPITAL IMPROVEMENT AND MAINTENANCE

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses of the Forest Service, not 

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

5 until expended, for construction, capital improvement, 

6 maintenance and acquisition of buildings and other facili7 ties and infrastructure; and for construction, capital im8 provement, decommissioning, and maintenance of forest 

9 roads and trails by the Forest Service as authorized by 

10 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205: Provided, 

11 That $100,000,000 shall be designated for urgently need12 ed road decommissioning, road and trail repair and main13 tenance and associated activities, and removal of fish pas14 sage barriers, especially in areas where Forest Service 

15 roads may be contributing to water quality problems in 

16 streams and water bodies which support threatened, en17 dangered or sensitive species or community water sources: 

18 Provided further, That funds provided herein shall be 

19 available for the decommissioning of roads, including un20 authorized roads not part of the transportation system, 

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

22 comment should be provided before system roads are de23 commissioned: Provided further, That the decommis24 sioning of unauthorized roads not part of the official 

25 transportation system shall be expedited in response to 


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1 threats to public safety, water quality, or natural re2 sources: Provided further, That funds becoming available 

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

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

5 the Treasury and shall not be available for transfer or obli6 gation for any other purpose unless the funds are appro7 priated: Provided further, That up to $10,000,000 may be 

8 transferred to and made a part of other Forest Service 

9 accounts if the transfer enhances the efficiency or effec10 tiveness of Federal activities. 

11 LAND ACQUISITION

12 For expenses necessary to carry out the provisions 

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

14 as amended (16 U.S.C. 460l–4 through 11), including ad15 ministrative expenses, and for acquisition of land or wa16 ters, or interest therein, in accordance with statutory au17 thority applicable to the Forest Service, $36,782,000, to 

18 be derived from the Land and Water Conservation Fund 

19 and to remain available until expended. 

20 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

21 ACTS

22 For acquisition of lands within the exterior bound23 aries of the Cache, Uinta, and Wasatch National Forests, 

24 Utah; the Toiyabe National Forest, Nevada; and the An25 geles, San Bernardino, Sequoia, and Cleveland National 


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

2 be derived from forest receipts. 

3 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

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

5 from funds deposited by State, county, or municipal gov6 ernments, public school districts, or other public school au7 thorities, and for authorized expenditures from funds de8 posited by non-Federal parties pursuant to Land Sale and 

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

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

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

12 96–586; Public Law 76–589, 76–591; and Public Law 

13 78–310). 

14 RANGE BETTERMENT FUND

15 For necessary expenses of range rehabilitation, pro16 tection, and improvement, 50 percent of all moneys re17 ceived during the prior fiscal year, as fees for grazing do18 mestic livestock on lands in National Forests in the 16 

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

20 Law 94–579, as amended, to remain available until ex21 pended, of which not to exceed 6 percent shall be available 

22 for administrative expenses associated with on-the-ground 

23 range rehabilitation, protection, and improvements. 


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1 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

2 RANGELAND RESEARCH

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

4 $50,000, to remain available until expended, to be derived 

5 from the fund established pursuant to the above Act. 

6 MANAGEMENT OF NATIONAL FOREST LANDS FOR

7 SUBSISTENCE USES

8 For necessary expenses of the Forest Service to man9 age Federal lands in Alaska for subsistence uses under 

10 title VIII of the Alaska National Interest Lands Conserva11 tion Act (Public Law 96–487), $2,582,000, to remain 

12 available until expended. 

13 WILDLAND FIRE MANAGEMENT

14 (INCLUDING TRANSFERS OF FUNDS)

15 For necessary expenses for forest fire presuppression 

16 activities on National Forest System lands, for emergency 

17 fire suppression on or adjacent to such lands or other 

18 lands under fire protection agreement, hazardous fuels re19 duction on or adjacent to such lands, and for emergency 

20 rehabilitation of burned-over National Forest System 

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

22 expended: Provided, That such funds including unobli23 gated balances under this heading, are available for repay24 ment of advances from other appropriations accounts pre25 viously transferred for such purposes: Provided further, 


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1 That such funds shall be available to reimburse State and 

2 other cooperating entities for services provided in response 

3 to wildfire and other emergencies or disasters to the extent 

4 such reimbursements by the Forest Service for non-fire 

5 emergencies are fully repaid by the responsible emergency 

6 management agency: Provided further, That, notwith7 standing any other provision of law, $8,000,000 of funds 

8 appropriated under this appropriation shall be used for 

9 Fire Science Research in support of the Joint Fire Science 

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

11 of funds, including the use of contracts, grants, and coop12 erative agreements, available to execute the Forest and 

13 Rangeland Research appropriation, are also available in 

14 the utilization of these funds for Fire Science Research: 

15 Provided further, That funds provided shall be available 

16 for emergency rehabilitation and restoration, hazardous 

17 fuels reduction activities in the urban-wildland interface, 

18 support to Federal emergency response, and wildfire sup19 pression activities of the Forest Service: Provided further, 

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

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

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

23 to make competitive research grants pursuant to the For24 est and Rangeland Renewable Resources Research Act, as 

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


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1 State fire assistance, $10,000,000 is for volunteer fire as2 sistance, $24,252,000 is for forest health activities on 

3 Federal lands and $12,928,000 is for forest health activi4 ties on State and private lands: Provided further, That 

5 amounts in this paragraph may be transferred to the 

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

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

8 State fire assistance, volunteer fire assistance, forest 

9 health management, forest and rangeland research, the 

10 Joint Fire Science Program, vegetation and watershed 

11 management, heritage site rehabilitation, and wildlife and 

12 fish habitat management and restoration: Provided fur13 ther, That up to $25,000,000 of the funds provided under 

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

15 other Forest Service accounts if the transfer enhances the 

16 efficiency or effectiveness of Federal activities: Provided 

17 further, That the costs of implementing any cooperative 

18 agreement between the Federal Government and any non19 Federal entity may be shared, as mutually agreed on by 

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

21 provided herein, the Secretary of Agriculture may enter 

22 into procurement contracts or cooperative agreements, or 

23 issue grants, for hazardous fuels reduction activities and 

24 for training and monitoring associated with such haz25 ardous fuels reduction activities, on Federal land, or on 


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1 adjacent non-Federal land for activities that benefit re2 sources on Federal land: Provided further, That the Sec3 retary of the Interior and the Secretary of Agriculture 

4 may authorize the transfer of funds appropriated for 

5 wildland fire management, in an aggregate amount not to 

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

7 transfers would facilitate and expedite jointly funded 

8 wildland fire management programs and projects: Pro9 vided further, That of the funds provided for hazardous 

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

11 to make grants, using any authorities available to the For12 est Service under the State and Private Forestry appro13 priation, for the purpose of creating incentives for in14 creased use of biomass from national forest lands: Pro15 vided further, That funds designated for wildfire suppres16 sion shall be assessed for cost pools on the same basis 

17 as such assessments are calculated against other agency 

18 programs. 

19 WILDLAND FIRE SUPPRESSION CONTINGENCY RESERVE

20 FUND

21 (INCLUDING TRANSFER OF FUNDS)

22 For necessary expenses for transfer to ‘‘Wildland 

23 Fire Management’’ for emergency fire suppression on Na24 tional Forest System lands or adjacent lands or other 

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


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1 remain available until expended: Provided, That amounts 

2 in this paragraph may be transferred and expended only 

3 if all funds appropriated for fire suppression under the 

4 heading ‘‘Wildland Fire Management’’ shall be fully obli5 gated within 30 days: Provided further, That amounts are 

6 available only to the extent the President has issued a 

7 finding that the amounts are necessary for emergency fire 

8 suppression. 

9 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

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 

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

14 lease, operation, maintenance, and acquisition of aircraft 

15 from excess sources to maintain the operable fleet for use 

16 in Forest Service wildland fire programs and other Forest 

17 Service programs; notwithstanding other provisions of law, 

18 existing aircraft being replaced may be sold, with proceeds 

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

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

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

22 under 5 U.S.C. 3109; (3) purchase, erection, and alter23 ation of buildings and other public improvements (7 

24 U.S.C. 2250); (4) acquisition of land, waters, and inter25 ests therein pursuant to 7 U.S.C. 428a; (5) for expenses 


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1 pursuant to the Volunteers in the National Forest Act of 

2 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost 

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

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

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

6 Any appropriations or funds available to the Forest 

7 Service may be transferred to the Wildland Fire Manage8 ment appropriation for forest firefighting, emergency re9 habilitation of burned-over or damaged lands or waters 

10 under its jurisdiction, and fire preparedness due to severe 

11 burning conditions five days after the Secretary notifies 

12 the House and Senate Committees on Appropriations that 

13 all fire suppression funds appropriated under the headings 

14 ‘‘Wildland Fire Management’’ and ‘‘Wildland Fire Sup15 pression Contingency Reserve Fund’’ shall be fully obli16 gated within 30 days: Provided, That all funds used pursu17 ant to this paragraph must be replenished by a supple18 mental appropriation which must be requested as prompt19 ly as possible. 

20 Funds appropriated to the Forest Service shall be 

21 available for assistance to or through the Agency for Inter22 national Development in connection with forest and range23 land research, technical information, and assistance in for24 eign countries, and shall be available to support forestry 

25 and related natural resource activities outside the United 


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1 States and its territories and possessions, including tech2 nical assistance, education and training, and cooperation 

3 with United States and international organizations. 

4 None of the funds made available to the Forest Serv5 ice in this Act or any other Act with respect to any fiscal 

6 year shall be subject to transfer under the provisions of 

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

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

9 106–224 (7 U.S.C. 7772), or section 10417(b) of Public 

10 Law 107–107 (7 U.S.C. 8316(b)). 

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

12 Forest Service shall be transferred to the Working Capital 

13 Fund of the Department of Agriculture and not more than 

14 $19,825,000 of funds available to the Forest Service shall 

15 be transferred to the Department of Agriculture for De16 partment Reimbursable Programs, commonly referred to 

17 as Greenbook charges. Nothing in this paragraph shall 

18 prohibit or limit the use of reimbursable agreements re19 quested by the Forest Service in order to obtain services 

20 from the Department of Agriculture’s National Informa21 tion Technology Center. 

22 Funds available to the Forest Service shall be avail23 able to conduct a program of up to $5,000,000 for priority 

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

25 $2,500,000 shall be carried out by the Youth Conservation 


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1 Corps and $2,500,000 shall be carried out under the au2 thority of the Public Lands Corps Healthy Forests Res3 toration Act of 2005, Public Law 109–154. 

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

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

6 reception and representation expenses. 

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

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

9 $3,000,000 may be advanced in a lump sum to the Na10 tional Forest Foundation to aid conservation partnership 

11 projects in support of the Forest Service mission, without 

12 regard to when the Foundation incurs expenses, for 

13 projects on or benefitting National Forest System lands 

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

15 Foundation shall obtain, by the end of the period of Fed16 eral financial assistance, private contributions to match on 

17 at least one-for-one basis funds made available by the For18 est Service: Provided further, That the Foundation may 

19 transfer Federal funds to Federal or a non-Federal recipi20 ent for a project at the same rate that the recipient has 

21 obtained the non-Federal matching funds: Provided fur22 ther, That authorized investments of Federal funds held 

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

24 obligations of the United States or in obligations guaran25 teed as to both principal and interest by the United States. 


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

2 $3,000,000 of the funds available to the Forest Service 

3 shall be advanced to the National Fish and Wildlife Foun4 dation in a lump sum to aid cost-share conservation 

5 projects, without regard to when expenses are incurred, 

6 on or benefitting National Forest System lands or related 

7 to Forest Service programs: Provided, That such funds 

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

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

10 the Foundation may transfer Federal funds to a Federal 

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

12 that the recipient has obtained the non-Federal matching 

13 funds. 

14 Funds appropriated to the Forest Service shall be 

15 available for interactions with and providing technical as16 sistance to rural communities and natural resource-based 

17 businesses for sustainable rural development purposes. 

18 Funds appropriated to the Forest Service shall be 

19 available for payments to counties within the Columbia 

20 River Gorge National Scenic Area, pursuant to section 

21 14(c)(1) and (2), and section 16(a)(2) of Public Law 99– 

22 663. 

23 An eligible individual who is employed in any project 

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

25 (42 U.S.C. 3056 et seq.) and administered by the Forest 


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1 Service shall be considered to be a Federal employee for 

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

3 Any funds appropriated to the Forest Service may 

4 be used to meet the non-Federal share requirement in sec5 tion 502(c) of the Older American Act of 1965 (42 U.S.C. 

6 3056(c)(2)). 

7 Funds available to the Forest Service, not to exceed 

8 $55,000,000, shall be assessed for the purpose of per9 forming fire, administrative and other facilities mainte10 nance. Such assessments shall occur using a square foot 

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

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

13 services. 

14 Notwithstanding any other provision of law, any ap15 propriations or funds available to the Forest Service not 

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

17 of the General Counsel (OGC), Department of Agri18 culture, for travel and related expenses incurred as a re19 sult of OGC assistance or participation requested by the 

20 Forest Service at meetings, training sessions, management 

21 reviews, land purchase negotiations and similar non-litiga22 tion related matters. Future budget justifications for both 

23 the Forest Service and the Department of Agriculture 

24 should clearly display the sums previously transferred and 

25 the requested funding transfers. 


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1 The 19th unnumbered paragraph under heading 

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

3 the Department of the Interior, Environment, and Related 

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

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

6 DEPARTMENT OF HEALTH AND HUMAN 

7 SERVICES 

8 INDIAN HEALTH SERVICE

9 INDIAN HEALTH SERVICES

10 For expenses necessary to carry out the Act of Au11 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina12 tion Act, the Indian Health Care Improvement Act, and 

13 titles II and III of the Public Health Service Act with re14 spect to the Indian Health Service, $3,657,618,000, to15 gether with payments received during the fiscal year pur16 suant to 42 U.S.C. 238(b) and 238b for services furnished 

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

18 available to tribes and tribal organizations through con19 tracts, grant agreements, or any other agreements or com20 pacts authorized by the Indian Self-Determination and 

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

22 be deemed to be obligated at the time of the grant or con23 tract award and thereafter shall remain available to the 

24 tribe or tribal organization without fiscal year limitation: 

25 Provided further, That $16,251,000 is provided for HeadVerDate Nov 24 2008 22:39 Jul 06, 2009 Jkt 079200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\H2996.RFS H2996

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1 quarters operations and information technology activities 

2 and, notwithstanding any other provision of law, the 

3 amount available under this proviso shall be allocated at 

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

5 Provided further, That $779,347,000 for contract medical 

6 care, including $48,000,000 for the Indian Catastrophic 

7 Health Emergency Fund, shall remain available until ex8 pended: Provided further, That no less than $43,139,000 

9 is provided for maintaining operations of the urban Indian 

10 health program: Provided further, That of the funds pro11 vided, up to $32,000,000 shall remain available until ex12 pended for implementation of the loan repayment program 

13 under section 108 of the Indian Health Care Improvement 

14 Act: Provided further, That $16,391,000 is provided for 

15 the methamphetamine and suicide prevention and treat16 ment initiative and $10,000,000 is provided for the do17 mestic violence prevention initiative and, notwithstanding 

18 any other provision of law, the amounts available under 

19 this proviso shall be allocated at the discretion of the Di20 rector of the Indian Health Service and shall remain avail21 able until expended: Provided further, That funds provided 

22 in this Act may be used for 1-year contracts and grants 

23 which are to be performed in two fiscal years, so long as 

24 the total obligation is recorded in the year for which the 

25 funds are appropriated: Provided further, That the 


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1 amounts collected by the Secretary of Health and Human 

2 Services under the authority of title IV of the Indian 

3 Health Care Improvement Act shall remain available until 

4 expended for the purpose of achieving compliance with the 

5 applicable conditions and requirements of titles XVIII and 

6 XIX of the Social Security Act (exclusive of planning, de7 sign, or construction of new facilities): Provided further, 

8 That funding contained herein, and in any earlier appro9 priations Acts for scholarship programs under the Indian 

10 Health Care Improvement Act (25 U.S.C. 1613) shall re11 main available until expended: Provided further, That 

12 amounts received by tribes and tribal organizations under 

13 title IV of the Indian Health Care Improvement Act shall 

14 be reported and accounted for and available to the receiv15 ing tribes and tribal organizations until expended: Pro16 vided further, That, notwithstanding any other provision 

17 of law, of the amounts provided herein, not to exceed 

18 $398,490,000 shall be for payments to tribes and tribal 

19 organizations for contract or grant support costs associ20 ated with contracts, grants, self-governance compacts, or 

21 annual funding agreements between the Indian Health 

22 Service and a tribe or tribal organization pursuant to the 

23 Indian Self-Determination Act of 1975, as amended, prior 

24 to or during fiscal year 2010, of which not to exceed 

25 $5,000,000 may be used for contract support costs associVerDate Nov 24 2008 22:39 Jul 06, 2009 Jkt 079200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\H2996.RFS H2996

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1 ated with new or expanded self-determination contracts, 

2 grants, self-governance compacts, or annual funding 

3 agreements: Provided further, That the Bureau of Indian 

4 Affairs may collect from the Indian Health Service, tribes 

5 and tribal organizations operating health facilities pursu6 ant to Public Law 93–638, such individually identifiable 

7 health information relating to disabled children as may be 

8 necessary for the purpose of carrying out its functions 

9 under the Individuals with Disabilities Education Act (20 

10 U.S.C. 1400 et seq.): Provided further, That the Indian 

11 Health Care Improvement Fund may be used, as needed, 

12 to carry out activities typically funded under the Indian 

13 Health Facilities account. 

14 INDIAN HEALTH FACILITIES

15 For construction, repair, maintenance, improvement, 

16 and equipment of health and related auxiliary facilities, 

17 including quarters for personnel; preparation of plans, 

18 specifications, and drawings; acquisition of sites, purchase 

19 and erection of modular buildings, and purchases of trail20 ers; and for provision of domestic and community sanita21 tion facilities for Indians, as authorized by section 7 of 

22 the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian 

23 Self-Determination Act, and the Indian Health Care Im24 provement Act, and for expenses necessary to carry out 

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1 ice Act with respect to environmental health and facilities 

2 support activities of the Indian Health Service, 

3 $394,757,000, to remain available until expended: Pro4 vided, That notwithstanding any other provision of law, 

5 funds appropriated for the planning, design, construction 

6 or renovation of health facilities for the benefit of a feder7 ally recognized Indian tribe or tribes may be used to pur8 chase land for sites to construct, improve, or enlarge 

9 health or related facilities: Provided further, That not to 

10 exceed $500,000 shall be used by the Indian Health Serv11 ice to purchase TRANSAM equipment from the Depart12 ment of Defense for distribution to the Indian Health 

13 Service and tribal facilities: Provided further, That none 

14 of the funds appropriated to the Indian Health Service 

15 may be used for sanitation facilities construction for new 

16 homes funded with grants by the housing programs of the 

17 United States Department of Housing and Urban Devel18 opment: Provided further, That not to exceed $2,700,000 

19 from this account and the ‘‘Indian Health Services’’ ac20 count shall be used by the Indian Health Service to obtain 

21 ambulances for the Indian Health Service and tribal facili22 ties in conjunction with an existing interagency agreement 

23 between the Indian Health Service and the General Serv24 ices Administration: Provided further, That not to exceed 

25 $500,000 shall be placed in a Demolition Fund, available 


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1 until expended, to be used by the Indian Health Service 

2 for demolition of Federal buildings. 

3 ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

4 Appropriations in this Act to the Indian Health Serv5 ice shall be available for services as authorized by 5 U.S.C. 

6 3109 but at rates not to exceed the per diem rate equiva7 lent to the maximum rate payable for senior-level positions 

8 under 5 U.S.C. 5376; hire of passenger motor vehicles and 

9 aircraft; purchase of medical equipment; purchase of re10 prints; purchase, renovation and erection of modular 

11 buildings and renovation of existing facilities; payments 

12 for telephone service in private residences in the field, 

13 when authorized under regulations approved by the Sec14 retary; and for uniforms or allowances therefor as author15 ized by 5 U.S.C. 5901–5902; and for expenses of attend16 ance at meetings that relate to the functions or activities 

17 for which the appropriation is made or otherwise con18 tribute to the improved conduct, supervision, or manage19 ment of those functions or activities. 

20 In accordance with the provisions of the Indian 

21 Health Care Improvement Act, non-Indian patients may 

22 be extended health care at all tribally administered or In23 dian Health Service facilities, subject to charges, and the 

24 proceeds along with funds recovered under the Federal 

25 Medical Care Recovery Act (42 U.S.C. 2651–2653) shall 


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1 be credited to the account of the facility providing the 

2 service and shall be available without fiscal year limitation. 

3 Notwithstanding any other law or regulation, funds trans4 ferred from the Department of Housing and Urban Devel5 opment to the Indian Health Service shall be administered 

6 under Public Law 86–121, the Indian Sanitation Facilities 

7 Act 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 

13 Health Service in this Act shall be used for any assess14 ments or charges by the Department of Health and 

15 Human Services unless identified in the budget justifica16 tion and provided in this Act, or approved by the House 

17 and Senate Committees on Appropriations through the re18 programming process. 

19 Notwithstanding any other provision of law, funds 

20 previously or herein made available to a tribe or tribal or21 ganization through a contract, grant, or agreement au22 thorized by title I or V of the Indian Self-Determination 

23 and Education Assistance Act of 1975 (25 U.S.C. 450), 

24 may be deobligated and reobligated to a self-determination 

25 contract under title I, or a self-governance agreement 


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1 under title V of such Act and thereafter shall remain avail2 able to the tribe or tribal organization without fiscal year 

3 limitation. 

4 None of the funds made available to the Indian 

5 Health Service in this Act shall be used to implement the 

6 final rule published in the Federal Register on September 

7 16, 1987, by the Department of Health and Human Serv8 ices, relating to the eligibility for the health care services 

9 of the Indian Health Service until the Indian Health Serv10 ice has submitted a budget request reflecting the increased 

11 costs associated with the proposed final rule, and such re12 quest has been included in an appropriations Act and en13 acted into law. 

14 With respect to functions transferred by the Indian 

15 Health Service to tribes or tribal organizations, the Indian 

16 Health Service is authorized to provide goods and services 

17 to those entities, on a reimbursable basis, including pay18 ment in advance with subsequent adjustment. The reim19 bursements received therefrom, along with the funds re20 ceived from those entities pursuant to the Indian Self-De21 termination Act, may be credited to the same or subse22 quent appropriation account that provided the funding, 

23 with such amounts to remain available until expended. 

24 Reimbursements for training, technical assistance, or 

25 services provided by the Indian Health Service will contain 


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1 total costs, including direct, administrative, and overhead 

2 associated with the provision of goods, services, or tech3 nical assistance. 

4 The appropriation structure for the Indian Health 

5 Service may not be altered without advance notification 

6 to the House and Senate Committees on Appropriations. 

7 NATIONAL INSTITUTES OF HEALTH

8 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

9 SCIENCES

10 For necessary expenses for the National Institute of 

11 Environmental Health Sciences in carrying out activities 

12 set forth in section 311(a) of the Comprehensive Environ13 mental Response, Compensation, and Liability Act of 

14 1980, as amended, and section 126(g) of the Superfund 

15 Amendments and Reauthorization Act of 1986, 

16 $79,212,000. 

17 AGENCY FOR TOXIC SUBSTANCES AND DISEASE

18 REGISTRY

19 TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC

20 HEALTH

21 For necessary expenses for the Agency for Toxic Sub22 stances and Disease Registry (ATSDR) in carrying out 

23 activities set forth in sections 104(i) and 111(c)(4) of the 

24 Comprehensive Environmental Response, Compensation, 

25 and Liability Act of 1980 (CERCLA), as amended; section 


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1 118(f) of the Superfund Amendments and Reauthoriza2 tion Act of 1986 (SARA), as amended; and section 3019 

3 of the Solid Waste Disposal Act, as amended, 

4 $76,792,000, of which up to $1,000 per eligible employee 

5 of the Agency for Toxic Substance and Disease Registry 

6 shall remain available until expended for Individual Learn7 ing Accounts: Provided, That notwithstanding any other 

8 provision of law, in lieu of performing a health assessment 

9 under section 104(i)(6) of CERCLA, the Administrator 

10 of ATSDR may conduct other appropriate health studies, 

11 evaluations, or activities, including, without limitation, 

12 biomedical testing, clinical evaluations, medical moni13 toring, and referral to accredited health care providers: 

14 Provided further, That in performing any such health as15 sessment or health study, evaluation, or activity, the Ad16 ministrator of ATSDR shall not be bound by the deadlines 

17 in section 104(i)(6)(A) of CERCLA: Provided further, 

18 That none of the funds appropriated under this heading 

19 shall be available for ATSDR to issue in excess of 40 toxi20 cological profiles pursuant to section 104(i) of CERCLA 

21 during fiscal year 2010, and existing profiles may be up22 dated as necessary. 


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1 OTHER RELATED AGENCIES 

2 EXECUTIVE OFFICE OF THE PRESIDENT

3 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

4 ENVIRONMENTAL QUALITY

5 For necessary expenses to continue functions as6 signed to the Council on Environmental Quality and Office 

7 of Environmental Quality pursuant to the National Envi8 ronmental Policy Act of 1969, the Environmental Quality 

9 Improvement Act of 1970, and Reorganization Plan No. 

10 1 of 1977, and not to exceed $750 for official reception 

11 and representation expenses, $3,159,000: Provided, That 

12 notwithstanding section 202 of the National Environ13 mental Policy Act of 1970, the Council shall consist of 

14 one member, appointed by the President, by and with the 

15 advice and consent of the Senate, serving as chairman and 

16 exercising all powers, functions, and duties of the Council. 

17 CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

18 SALARIES AND EXPENSES

19 (INCLUDING TRANSFER OF FUNDS)

20 For necessary expenses in carrying out activities pur21 suant to section 112(r)(6) of the Clean Air Act, as amend22 ed, including hire of passenger vehicles, uniforms or allow23 ances therefor, as authorized by 5 U.S.C. 5901–5902, and 

24 for services authorized by 5 U.S.C. 3109 but at rates for 

25 individuals not to exceed the per diem equivalent to the 


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1 maximum rate payable for senior level positions under 5 

2 U.S.C. 5376, $10,547,000: Provided, That the Chemical 

3 Safety and Hazard Investigation Board (Board) shall have 

4 not more than three career Senior Executive Service posi5 tions: Provided further, That notwithstanding any other 

6 provision of law, the individual appointed to the position 

7 of Inspector General of the Environmental Protection 

8 Agency (EPA) shall, by virtue of such appointment, also 

9 hold the position of Inspector General of the Board: Pro10 vided further, That notwithstanding any other provision 

11 of law, the Inspector General of the Board shall utilize 

12 personnel of the Office of Inspector General of EPA in 

13 performing the duties of the Inspector General of the 

14 Board, and shall not appoint any individuals to positions 

15 within the Board: Provided further, That of the funds ap16 propriated under this heading, $150,000 shall be paid to 

17 the ‘‘Office of Inspector General’’ appropriation of the En18 vironmental Protection Agency. 

19 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

20 SALARIES AND EXPENSES

21 For necessary expenses of the Office of Navajo and 

22 Hopi Indian Relocation as authorized by Public Law 93– 

23 531, $8,000,000, to remain available until expended: Pro24 vided, That funds provided in this or any other appropria25 tions Act are to be used to relocate eligible individuals and 


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1 groups including evictees from District 6, Hopi-partitioned 

2 lands residents, those in significantly substandard hous3 ing, and all others certified as eligible and not included 

4 in the preceding categories: Provided further, That none 

5 of the funds contained in this or any other Act may be 

6 used by the Office of Navajo and Hopi Indian Relocation 

7 to evict any single Navajo or Navajo family who, as of 

8 November 30, 1985, was physically domiciled on the lands 

9 partitioned to the Hopi Tribe unless a new or replacement 

10 home is provided for such household: Provided further, 

11 That no relocatee will be provided with more than one new 

12 or replacement home: Provided further, That the Office 

13 shall relocate any certified eligible relocatees who have se14 lected and received an approved homesite on the Navajo 

15 reservation or selected a replacement residence off the 

16 Navajo reservation or on the land acquired pursuant to 

17 25 U.S.C. 640d–10. 

18 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

19 CULTURE AND ARTS DEVELOPMENT

20 PAYMENT TO THE INSTITUTE

21 For payment to the Institute of American Indian and 

22 Alaska Native Culture and Arts Development, as author23 ized by title XV of Public Law 99–498, as amended (20 

24 U.S.C. 56 part A), $8,300,000. 


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1 SMITHSONIAN INSTITUTION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Smithsonian Institu4 tion, as authorized by law, including research in the fields 

5 of art, science, and history; development, preservation, and 

6 documentation of the National Collections; presentation of 

7 public exhibits and performances; collection, preparation, 

8 dissemination, and exchange of information and publica9 tions; conduct of education, training, and museum assist10 ance programs; maintenance, alteration, operation, lease 

11 (for terms not to exceed 30 years), and protection of build12 ings, facilities, and approaches; not to exceed $100,000 

13 for services as authorized by 5 U.S.C. 3109; and purchase, 

14 rental, repair, and cleaning of uniforms for employees, 

15 $634,161,000, to remain available until September 30, 

16 2011, except as otherwise provided herein; of which not 

17 to exceed $19,117,000 for the instrumentation program, 

18 collections acquisition, exhibition reinstallation, the Na19 tional Museum of African American History and Culture, 

20 and the repatriation of skeletal remains program shall re21 main available until expended; and of which $1,553,000 

22 is for fellowships and scholarly awards; and including such 

23 funds as may be necessary to support American overseas 

24 research centers: Provided, That funds appropriated here25 in are available for advance payments to independent conVerDate Nov 24 2008 22:39 Jul 06, 2009 Jkt 079200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\H2996.RFS H2996

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1 tractors performing research services or participating in 

2 official Smithsonian presentations. 

3 FACILITIES CAPITAL

4 For necessary expenses of repair, revitalization, and 

5 alteration of facilities owned or occupied by the Smithso6 nian Institution, by contract or otherwise, as authorized 

7 by section 2 of the Act of August 22, 1949 (63 Stat. 623), 

8 and for construction, including necessary personnel, 

9 $140,000,000, to remain available until expended, of 

10 which not to exceed $10,000 is for services as authorized 

11 by 5 U.S.C. 3109. 

12 ADMINISTRATIVE PROVISION, SMITHSONIAN INSTITUTION

13 Notwithstanding any provision of the Department of 

14 the Interior, Environment, and Related Agencies Appro15 priations Act, 2008 (Public Law 110–161; 121 Stat. 

16 2140), the funds provided for ‘‘Smithsonian Institution, 

17 Legacy Fund’’ under such Act may be transferred to and 

18 made a part of the appropriation for ‘‘Smithsonian Insti19 tution, Facilities Capital’’ in this Act and utilized by the 

20 Smithsonian Institution under the same terms and condi21 tions that apply to other funds contained in such appro22 priation. 


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1 NATIONAL GALLERY OF ART

2 SALARIES AND EXPENSES

3 For the upkeep and operations of the National Gal4 lery of Art, the protection and care of the works of art 

5 therein, and administrative expenses incident thereto, as 

6 authorized by the Act of March 24, 1937 (50 Stat. 51), 

7 as amended by the public resolution of April 13, 1939 

8 (Public Resolution 9, Seventy-sixth Congress), including 

9 services as authorized by 5 U.S.C. 3109; payment in ad10 vance when authorized by the treasurer of the Gallery for 

11 membership in library, museum, and art associations or 

12 societies whose publications or services are available to 

13 members only, or to members at a price lower than to the 

14 general public; purchase, repair, and cleaning of uniforms 

15 for guards, and uniforms, or allowances therefor, for other 

16 employees as authorized by law (5 U.S.C. 5901–5902); 

17 purchase or rental of devices and services for protecting 

18 buildings and contents thereof, and maintenance, alter19 ation, improvement, and repair of buildings, approaches, 

20 and grounds; and purchase of services for restoration and 

21 repair of works of art for the National Gallery of Art by 

22 contracts made, without advertising, with individuals, 

23 firms, or organizations at such rates or prices and under 

24 such terms and conditions as the Gallery may deem prop25 er, $110,746,000, of which not to exceed $3,386,000 for 


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1 the special exhibition program shall remain available until 

2 expended. 

3 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

4 For necessary expenses of repair, restoration and 

5 renovation of buildings, grounds and facilities owned or 

6 occupied by the National Gallery of Art, by contract or 

7 otherwise, as authorized, $56,259,000, to remain available 

8 until expended: Provided, That of this amount, 

9 $40,000,000 shall be available to repair the National Gal10 lery’s East Building facade: Provided further, That con11 tracts awarded for environmental systems, protection sys12 tems, and exterior repair or renovation of buildings of the 

13 National Gallery of Art may be negotiated with selected 

14 contractors and awarded on the basis of contractor quali15 fications as well as price. 

16 JOHN F. KENNEDY CENTER FOR THE PERFORMING

17 ARTS

18 OPERATIONS AND MAINTENANCE

19 For necessary expenses for the operation, mainte20 nance and security of the John F. Kennedy Center for 

21 the Performing Arts, $25,000,000: Provided, That of the 

22 funds included under this heading, $2,500,000 is available 

23 until expended to implement a program to train arts man24 agers throughout the United States. 


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1 CAPITAL REPAIR AND RESTORATION

2 For necessary expenses for capital repair and restora3 tion of the existing features of the building and site of 

4 the John F. Kennedy Center for the Performing Arts, 

5 $17,447,000, to remain available until expended. 

6 WOODROW WILSON INTERNATIONAL CENTER FOR

7 SCHOLARS

8 SALARIES AND EXPENSES

9 For expenses necessary in carrying out the provisions 

10 of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 

11 1356) including hire of passenger vehicles and services as 

12 authorized by 5 U.S.C. 3109, $12,225,000, to remain 

13 available until September 30, 2011. 

14 NATIONAL FOUNDATION ON THE ARTS AND THE

15 HUMANITIES

16 NATIONAL ENDOWMENT FOR THE ARTS

17 GRANTS AND ADMINISTRATION

18 For necessary expenses to carry out the National 

19 Foundation on the Arts and the Humanities Act of 1965, 

20 as amended, $170,000,000 shall be available to the Na21 tional Endowment for the Arts for the support of projects 

22 and productions in the arts, including arts education and 

23 public outreach activities, through assistance to organiza24 tions and individuals pursuant to section 5 of the Act, for 

25 program support, and for administering the functions of 


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1 the Act, to remain available until expended: Provided, 

2 That funds appropriated herein shall be expended in ac3 cordance with sections 309 and 311 of Public Law 108– 

4 447. 

5 NATIONAL ENDOWMENT FOR THE HUMANITIES

6 GRANTS AND ADMINISTRATION

7 For necessary expenses to carry out the National 

8 Foundation on the Arts and the Humanities Act of 1965, 

9 as amended, $170,000,000, to remain available until ex10 pended, of which $155,700,000 shall be available for sup11 port of activities in the humanities, pursuant to section 

12 7(c) of the Act and for administering the functions of the 

13 Act; and $14,300,000 shall be available to carry out the 

14 matching grants program pursuant to section 10(a)(2) of 

15 the Act including $9,500,000 for the purposes of section 

16 7(h): Provided, That appropriations for carrying out sec17 tion 10(a)(2) shall be available for obligation only in such 

18 amounts as may be equal to the total amounts of gifts, 

19 bequests, and devises of money, and other property accept20 ed by the chairman or by grantees of the Endowment 

21 under the provisions of subsections 11(a)(2)(B) and 

22 11(a)(3)(B) during the current and preceding fiscal years 

23 for which equal amounts have not previously been appro24 priated. 


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1 ADMINISTRATIVE PROVISION

2 None of the funds appropriated to the National 

3 Foundation on the Arts and the Humanities may be used 

4 to process any grant or contract documents which do not 

5 include the text of 18 U.S.C. 1913: Provided, That none 

6 of the funds appropriated to the National Foundation on 

7 the Arts and the Humanities may be used for official re8 ception and representation expenses: Provided further, 

9 That funds from nonappropriated sources may be used as 

10 necessary for official reception and representation ex11 penses: Provided further, That the Chairperson of the Na12 tional Endowment for the Arts may approve grants of up 

13 to $10,000, if in the aggregate this amount does not ex14 ceed 5 percent of the sums appropriated for grant-making 

15 purposes per year: Provided further, That such small grant 

16 actions are taken pursuant to the terms of an expressed 

17 and direct delegation of authority from the National Coun18 cil on the Arts to the Chairperson. 

19 COMMISSION OF FINE ARTS

20 SALARIES AND EXPENSES

21 For expenses made necessary by the Act establishing 

22 a Commission of Fine Arts (40 U.S.C. 104), $2,294,000: 

23 Provided, That the Commission is authorized to charge 

24 fees to cover the full costs of its publications, and such 

25 fees shall be credited to this account as an offsetting colVerDate Nov 24 2008 22:39 Jul 06, 2009 Jkt 079200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\H2996.RFS H2996

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1 lection, to remain available until expended without further 

2 appropriation: Provided further, That the Commission is 

3 authorized to accept gifts, including objects, papers, art4 work, drawings and artifacts, that pertain to the history 

5 and design of the national capital or the history and activi6 ties of the Commission of Fine Arts, and may be used 

7 only for artistic display, study, or education. 

8 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

9 For necessary expenses as authorized by Public Law 

10 99–190 (20 U.S.C. 956a), as amended, $10,000,000. 

11 ADVISORY COUNCIL ON HISTORIC PRESERVATION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Advisory Council on 

14 Historic Preservation (Public Law 89–665, as amended), 

15 $5,908,000: Provided, That none of these funds shall be 

16 available for compensation of level V of the Executive 

17 Schedule or higher positions. 

18 NATIONAL CAPITAL PLANNING COMMISSION

19 SALARIES AND EXPENSES

20 For necessary expenses, as authorized by the Na21 tional Capital Planning Act of 1952 (40 U.S.C. 71–71i), 

22 including services as authorized by 5 U.S.C. 3109, 

23 $8,507,000: Provided, That one-quarter of 1 percent of 

24 the funds provided under this heading may be used for 

25 official reception and representational expenses associated 


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1 with hosting international visitors engaged in the planning 

2 and physical development of world capitals. 

3 UNITED STATES HOLOCAUST MEMORIAL MUSEUM

4 HOLOCAUST MEMORIAL MUSEUM

5 For expenses of the Holocaust Memorial Museum, as 

6 authorized by Public Law 106–292 (36 U.S.C. 2301– 

7 2310), $48,551,000, of which $515,000 for the Museum’s 

8 equipment replacement program, $1,900,000 for the mu9 seum’s repair and rehabilitation program, and $1,243,000 

10 for the museum’s exhibition design and production pro11 gram shall remain available until expended. 

12 PRESIDIO TRUST

13 PRESIDIO TRUST FUND

14 For necessary expenses to carry out title I of the Om15 nibus Parks and Public Lands Management Act of 1996, 

16 $23,200,000 shall be available to the Presidio Trust, to 

17 remain available until expended. 

18 DWIGHT D. EISENHOWER MEMORIAL COMMISSION

19 SALARIES AND EXPENSES

20 For necessary expenses, including the costs of con21 struction design, of the Dwight D. Eisenhower Memorial 

22 Commission, $2,000,000 to remain available until ex23 pended. 


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1 CAPITAL CONSTRUCTION

2 For necessary expenses of the Dwight D. Eisenhower 

3 Memorial Commission for design and construction of a 

4 memorial in honor of Dwight D. Eisenhower, as author5 ized by Public Law 106–79, $10,000,000, to remain avail6 able until expended. 

7 TITLE IV—GENERAL PROVISIONS 

8 (INCLUDING TRANSFERS OF FUNDS)

9 SEC. 401. The expenditure of any appropriation 

10 under this Act for any consulting service through procure11 ment contract, pursuant to 5 U.S.C. 3109, shall be limited 

12 to those contracts where such expenditures are a matter 

13 of public record and available for public inspection, except 

14 where otherwise provided under existing law, or under ex15 isting Executive Order issued pursuant to existing law. 

16 SEC. 402. No part of any appropriation contained in 

17 this Act shall be available for any activity or the publica18 tion or distribution of literature that in any way tends to 

19 promote public support or opposition to any legislative 

20 proposal on which Congressional action is not complete 

21 other than to communicate to Members of Congress as 

22 described in 18 U.S.C. 1913. 

23 SEC. 403. No part of any appropriation contained in 

24 this Act shall remain available for obligation beyond the 

25 current fiscal year unless expressly so provided herein. 


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1 SEC. 404. None of the funds provided in this Act to 

2 any department or agency shall be obligated or expended 

3 to provide a personal cook, chauffeur, or other personal 

4 servants to any officer or employee of such department 

5 or agency except as otherwise provided by law. 

6 SEC. 405. Estimated overhead charges, deductions, 

7 reserves or holdbacks from programs, projects, activities 

8 and subactivities to support government-wide, depart9 mental, agency or bureau administrative functions or 

10 headquarters, regional or central operations shall be pre11 sented in annual budget justifications and subject to ap12 proval by the Committees on Appropriations. Changes to 

13 such estimates shall be presented to the Committees on 

14 Appropriations for approval. 

15 SEC. 406. None of the funds made available in this 

16 Act may be transferred to any department, agency, or in17 strumentality of the United States Government except 

18 pursuant to a transfer made by, or transfer provided in, 

19 this Act or any other Act. 

20 SEC. 407. (a) LIMITATION OF FUNDS.—None of the 

21 funds appropriated or otherwise made available pursuant 

22 to this Act shall be obligated or expended to accept or 

23 process applications for a patent for any mining or mill 

24 site claim located under the general mining laws. 


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1 (b) EXCEPTIONS.—The provisions of subsection (a) 

2 shall not apply if the Secretary of the Interior determines 

3 that, for the claim concerned: (1) a patent application was 

4 filed with the Secretary on or before September 30, 1994; 

5 and (2) all requirements established under sections 2325 

6 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) 

7 for vein or lode claims and sections 2329, 2330, 2331, 

8 and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 

9 37) for placer claims, and section 2337 of the Revised 

10 Statutes (30 U.S.C. 42) for mill site claims, as the case 

11 may be, were fully complied with by the applicant by that 

12 date. 

13 (c) REPORT.—On September 30, 2010, the Secretary 

14 of the Interior shall file with the House and Senate Com15 mittees on Appropriations and the Committee on Natural 

16 Resources of the House of Representatives and the Com17 mittee on Energy and Natural Resources of the Senate 

18 a report on actions taken by the Department under the 

19 plan submitted pursuant to section 314(c) of the Depart20 ment of the Interior and Related Agencies Appropriations 

21 Act, 1997 (Public Law 104–208). 

22 (d) MINERAL EXAMINATIONS.—In order to process 

23 patent applications in a timely and responsible manner, 

24 upon the request of a patent applicant, the Secretary of 

25 the Interior shall allow the applicant to fund a qualified 


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1 third-party contractor to be selected by the Bureau of 

2 Land Management to conduct a mineral examination of 

3 the mining claims or mill sites contained in a patent appli4 cation as set forth in subsection (b). The Bureau of Land 

5 Management shall have the sole responsibility to choose 

6 and pay the third-party contractor in accordance with the 

7 standard procedures employed by the Bureau of Land 

8 Management in the retention of third-party contractors. 

9 SEC. 408. Notwithstanding any other provision of 

10 law, amounts appropriated to or otherwise designated in 

11 committee reports for the Bureau of Indian Affairs and 

12 the Indian Health Service by Public Laws 103–138, 103– 

13 332, 104–134, 104–208, 105–83, 105–277, 106–113, 

14 106–291, 107–63, 108–7, 108–108, 108–447, 109–54, 

15 109–289, division B and Continuing Appropriations Reso16 lution, 2007 (division B of Public Law 109–289, as 

17 amended by Public Laws 110–5 and 110–28), Public 

18 Laws 110–92, 110–116, 110–137, 110–149, 110–161, 

19 110–329, 111–6, and 111–8 for payments for contract 

20 support costs associated with self-determination or self21 governance contracts, grants, compacts, or annual funding 

22 agreements with the Bureau of Indian Affairs or the In23 dian Health Service as funded by such Acts, are the total 

24 amounts available for fiscal years 1994 through 2009 for 

25 such purposes, except that the Bureau of Indian Affairs, 


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1 federally recognized tribes, and tribal organizations of fed2 erally recognized tribes may use their tribal priority alloca3 tions for unmet contract support costs of ongoing con4 tracts, grants, self-governance compacts, or annual fund5 ing agreements. 

6 SEC. 409. The Secretary of Agriculture shall not be 

7 considered to be in violation of subparagraph 6(f)(5)(A) 

8 of the Forest and Rangeland Renewable Resources Plan9 ning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because 

10 more than 15 years have passed without revision of the 

11 plan for a unit of the National Forest System. Nothing 

12 in this section exempts the Secretary from any other re13 quirement of the Forest and Rangeland Renewable Re14 sources Planning Act (16 U.S.C. 1600 et seq.) or any 

15 other law: Provided, That if the Secretary is not acting 

16 expeditiously and in good faith, within the funding avail17 able, to revise a plan for a unit of the National Forest 

18 System, this section shall be void with respect to such plan 

19 and a court of proper jurisdiction may order completion 

20 of the plan on an accelerated basis. 

21 SEC. 410. No funds provided in this Act may be ex22 pended to conduct preleasing, leasing and related activities 

23 under either the Mineral Leasing Act (30 U.S.C. 181 et 

24 seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 

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1 ment established pursuant to the Act of June 8, 1906 (16 

2 U.S.C. 431 et seq.) as such boundary existed on January 

3 20, 2001, except where such activities are allowed under 

4 the Presidential proclamation establishing such monu5 ment. 

6 SEC. 411. In entering into agreements with foreign 

7 fire organizations pursuant to the Temporary Emergency 

8 Wildfire Suppression Act (42 U.S.C. 1856m–1856o), the 

9 Secretary of Agriculture and the Secretary of the Interior 

10 are authorized to enter into reciprocal agreements in 

11 which the individuals furnished under said agreements to 

12 provide wildfire services are considered, for purposes of 

13 tort liability, employees of the fire organization receiving 

14 said services when the individuals are engaged in fire sup15 pression or presuppression: Provided, That the Secretary 

16 of Agriculture or the Secretary of the Interior shall not 

17 enter into any agreement under this provision unless the 

18 foreign fire organization agrees to assume any and all li19 ability for the acts or omissions of American firefighters 

20 engaged in fire suppression or presuppression in a foreign 

21 country: Provided further, That when an agreement is 

22 reached for furnishing fire suppression or presuppression 

23 services, the only remedies for acts or omissions com24 mitted while engaged in fire suppression or presuppression 

25 shall be those provided under the laws applicable to the 


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1 fire organization receiving the fire suppression or 

2 presuppression services, and those remedies shall be the 

3 exclusive remedies for any claim arising out of fire sup4 pression or presuppression activities in a foreign country: 

5 Provided further, That neither the sending country nor 

6 any legal organization associated with the firefighter shall 

7 be subject to any legal action, consistent with the applica8 ble laws governing sovereign immunity, pertaining to or 

9 arising out of the firefighter’s role in fire suppression or 

10 presuppression, except that if the foreign fire organization 

11 is unable to provide such protection under laws applicable 

12 to it, it shall assume any and all liability for the United 

13 States or for any legal organization associated with the 

14 American firefighter, and for any and all costs incurred 

15 or assessed, including legal fees, for any act or omission 

16 pertaining to or arising out of the firefighter’s role in fire 

17 suppression or presuppression. 

18 SEC. 412. In awarding a Federal contract with funds 

19 made available by this Act, notwithstanding Federal Gov20 ernment procurement and contracting laws, the Secretary 

21 of Agriculture and the Secretary of the Interior (the ‘‘Sec22 retaries’’) may, in evaluating bids and proposals, give con23 sideration to local contractors who are from, and who pro24 vide employment and training for, dislocated and displaced 

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1 nity, including those historically timber-dependent areas 

2 that have been affected by reduced timber harvesting on 

3 Federal lands and other forest-dependent rural commu4 nities isolated from significant alternative employment op5 portunities: Provided, That notwithstanding Federal Gov6 ernment procurement and contracting laws the Secretaries 

7 may award contracts, grants or cooperative agreements to 

8 local non-profit entities, Youth Conservation Corps or re9 lated partnerships with State, local or non-profit youth 

10 groups, or small or micro-business or disadvantaged busi11 ness: Provided further, That the contract, grant, or cooper12 ative agreement is for forest hazardous fuels reduction, 

13 watershed or water quality monitoring or restoration, wild14 life or fish population monitoring, or habitat restoration 

15 or management: Provided further, That the terms ‘‘rural 

16 community’’ and ‘‘economically disadvantaged’’ shall have 

17 the same meanings as in section 2374 of Public Law 101– 

18 624: Provided further, That the Secretaries shall develop 

19 guidance to implement this section: Provided further, That 

20 nothing in this section shall be construed as relieving the 

21 Secretaries of any duty under applicable procurement 

22 laws, except as provided in this section. 

23 SEC. 413. Unless otherwise provided herein, no funds 

24 appropriated in this Act for the acquisition of lands or 

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1 larations of taking or complaints in condemnation without 

2 the approval of the House and Senate Committees on Ap3 propriations. 

4 SEC. 414. The terms and conditions of section 325 

5 of Public Law 108–108, regarding grazing permits at the 

6 Department of the Interior and the Forest Service shall 

7 remain in effect for fiscal year 2010. 

8 SEC. 415. Section 6 of the National Foundation on 

9 the Arts and the Humanities Act of 1965 (Public Law 

10 89–209, 20 U.S.C. 955), as amended, is further amend11 ed— 

12 (1) in the first sentence of subsection (b)(1)(C), 

13 by striking ‘‘14’’ and inserting in lieu thereof ‘‘18’’; 

14 and 

15 (2) in the second sentence of subsection (d)(1), 

16 by striking ‘‘Eight’’ and inserting in lieu thereof 

17 ‘‘Ten’’. 

18 SEC. 416. The item relating to ‘‘National Capital 

19 Arts and Cultural Affairs’’ in the Department of the Inte20 rior and Related Agencies Appropriations Act, 1986, as 

21 enacted into law by section 101(d) of Public Law 99–190 

22 (99 Stat. 1261; 20 U.S.C. 956a), is amended— 

23 (1) in the second sentence of the first para24 graph, by striking ‘‘$7,500,000’’ and inserting 

25 ‘‘$10,000,000’’; and 


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1 (2) in the second sentence of the fourth para2 graph, by striking ‘‘$500,000’’ and inserting 

3 ‘‘$650,000’’. 

4 SEC. 417. Section 339(h) of the Department of the 

5 Interior and Related Agencies Appropriations Act, 2000, 

6 as amended, concerning a pilot program for the sale of 

7 forest botanical products by the Forest Service, is further 

8 amended by striking ‘‘September 30, 2009’’ and inserting 

9 ‘‘September 30, 2014’’. 

10 SEC. 418. The second sentence of section 2 (a)(1) 

11 of the Mineral Leasing Act (30 U.S.C. 201(a)(1); relating 

12 to coal bonus bids) does not apply for fiscal year 2010. 

13 SEC. 419. All monies received by the United States 

14 in fiscal year 2010 from sales, bonuses, rentals, and royal15 ties under the Geothermal Steam Act of 1970 shall be dis16 posed of as provided by section 20 of that Act (30 U.S.C. 

17 1019), as in effect immediately before enactment of the 

18 Energy Policy Act of 2005 (Public Law 109–58), and 

19 without regard to the amendments contained in sections 

20 224(b) and section 234 of the Energy Policy Act of 2005 

21 (42 U.S.C. 17673). 

22 SEC. 420. Section 331(e) of the Department of the 

23 Interior and Related Agencies Appropriations Act, 2001, 

24 (Public Law 106–291), as added by section 336 of division 

25 E of the Consolidated Appropriations Act, 2005 (Public 


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1 Law 108–447), concerning cooperative forestry agree2 ments known as the Colorado Good Neighbor Act Author3 ity is amended by striking ‘‘September 30, 2009’’ and in4 serting ‘‘September 30, 2013’’. 

5 SEC. 421. None of the funds in this or any other Act 

6 shall be used to deposit funds from any Federal royalties, 

7 rents, and bonuses derived from Federal onshore and off8 shore oil and gas leases issued under the Outer Conti9 nental Shelf Lands Act (43 U.S.C. 1331 et seq.) and the 

10 Mineral Leasing Act (30 U.S.C. 181 et seq.) into the 

11 Ultra-Deepwater and Unconventional Natural Gas and 

12 Other Petroleum Research Fund. 

13 SEC. 422. Section 302(a) of the Secure Rural Schools 

14 and Community Self-Determination Act of 2000 (16 

15 U.S.C. 7142(a)) is amended— 

16 (1) in paragraph (2)(B), by striking ‘‘; and’’ 

17 and inserting a semicolon; 

18 (2) in paragraph (3), by striking the period and 

19 inserting ‘‘; and’’; and 

20 (3) by inserting after paragraph (3), the fol21 lowing: ‘‘(4) to reimburse all or part of the costs in22 curred by the county to pay the salaries and benefits 

23 of county employees who supervise adults or juve24 niles performing mandatory community service on 

25 Federal lands.’’. 


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1 SEC. 423. Within the amounts appropriated in this 

2 Act, funding shall be allocated in the amounts specified 

3 for those projects and purposes delineated in the table ti4 tled ‘‘Congressionally Directed Spending’’ included in the 

5 explanatory statement accompanying this Act. The pre6 ceding sentence shall apply in addition to the allocation 

7 requirements specified in this Act under the heading ‘‘Na8 tional Park Service–Historic Preservation Fund’’ for Save 

9 America’s Treasures and under the heading ‘‘Environ10 mental Protection Agency–State and Tribal Assistance 

11 Grants’’ for special project grants for the construction of 

12 drinking water, wastewater and storm infrastructure and 

13 for water quality protection. 

14 SEC. 424. Not later than 120 days after the date on 

15 which the President’s Fiscal Year 2011 budget request is 

16 submitted to Congress, the President shall submit a report 

17 to the Committee on Appropriations of the House of Rep18 resentatives and the Committee on Appropriations of the 

19 Senate describing in detail all Federal agency obligations 

20 and expenditures, domestic and international, for climate 

21 change programs and activities in fiscal year 2008, fiscal 

22 year 2009, and fiscal year 2010, including an accounting 

23 of expenditures by agency with each agency identifying cli24 mate change activities and associated costs by line item 

25 as presented in the President’s Budget Appendix. 


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1 SEC. 425. Notwithstanding any other provision of 

2 law, none of the funds made available in this or any other 

3 Act may be used to implement any rule that requires man4 datory reporting of greenhouse gas emissions from manure 

5 management systems. 

6 SEC. 426. (a) None of the funds made available in 

7 this or any prior Act may be used to release an individual 

8 who is detained, as of April 30, 2009, at Naval Station, 

9 Guantanamo Bay, Cuba, into any of the United States 

10 territories of Guam, American Samoa (AS), the United 

11 States Virgin Islands (USVI), the Commonwealth of Puer12 to Rico and the Commonwealth of the Northern Mariana 

13 Islands (CNMI). 

14 (b) None of the funds made available in this or any 

15 other prior Act may be used to transfer an individual who 

16 is detained, as of April 30, 2009, at Naval Station, Guan17 tanamo Bay, Cuba, into any of the United States terri18 tories of Guam, American Samoa (AS), the United States 

19 Virgin Islands (USVI), the Commonwealth of Puerto Rico 

20 and the Commonwealth of the Northern Mariana Islands 

21 (CNMI), for the purposes of detaining or prosecuting such 

22 individual, until 2 months after the plan described in sub23 section (c) is received. 

24 (c) The President shall submit to the Congress, in 

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1 position of each individual who is detained, as of April 30, 

2 2009, at Naval Station, Guantanamo Bay, Cuba, who is 

3 not covered under subsection (d). Such plan shall include, 

4 at a minimum, each of the following for each such indi5 vidual: 

6 (1) The findings of an analysis regarding any 

7 risk to the national security of the United States 

8 that is posed by the transfer of the individual. 

9 (2) The costs associated with not transferring 

10 the individual in question. 

11 (3) The legal rationale and associated court de12 mands for transfer. 

13 (4) A certification by the President that any 

14 risk described in paragraph (1) has been mitigated, 

15 together with a full description of the plan for such 

16 mitigation. 

17 (5) A certification by the President that the 

18 President has submitted to the Governor and legisla19 ture of the State or territory (or, in the case of the 

20 District of Columbia, to the Mayor of the District of 

21 Columbia) to which the President intends to transfer 

22 the individual a certification in writing at least 30 

23 days prior to such transfer (together with supporting 

24 documentation and justification) that the individual 

25 does not pose a security risk to the United States. 


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1 (d) None of the funds made available in this or any 

2 prior Act may be used to transfer or release an individual 

3 detained at Naval Station, Guantanamo Bay, Cuba, as of 

4 April 30, 2009, to a freely associated State, unless the 

5 President submits to the Congress, in writing, at least 30 

6 days prior to such transfer or release, the following infor7 mation: 

8 (1) The name of any individual to be trans9 ferred or released and the freely associated State to 

10 which such individual is to be transferred or re11 leased. 

12 (2) An assessment of any risk to the national 

13 security of the United States or its citizens, includ14 ing members of the Armed Services or the United 

15 States, that is posed by such transfer or release and 

16 the actions taken to mitigate such risk. 

17 (3) The terms of any agreement with the freely 

18 associated State for the acceptance of such indi19 vidual, including the amount of any financial assist20 ance related to such agreement. 

21 (e) In this section, the term ‘‘freely associated 

22 States’’ means the Federated States of Micronesia (FSM), 

23 the Republic of the Marshall Islands (RMI), and the Re24 public of Palau. 


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1 SEC. 427. Notwithstanding any other provision of 

2 law, none of the funds made available in this or any other 

3 Act may be used to promulgate or implement any regula4 tion requiring the issuance of permits under title V of the 

5 Clean Air Act for carbon dioxide, nitrous oxide, water 

6 vapor, or methane emissions resulting from biological 

7 processes associated with livestock production. 

8 This Act may be cited as the ‘‘Department of the In9 terior, Environment, and Related Agencies Appropriations 

10 Act, 2010’’. 

Passed the House of Representatives June 26, 2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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