H. R. 1105—197 
That notwithstanding requirements of the Competition in Con-
tracting Act, the Secretary, for purposes of hazardous fuels reduc-
tion activities, may obtain maximum practicable competition among: 
(1) local private, nonprofit, or cooperative entities; (2) Youth Con-
servation Corps crews, Public Lands Corps (Public Law 109–154), 
or related partnerships with State, local, or non-profit youth groups; 
(3) small or micro-businesses; or (4) other entities that will hire 
or train locally a significant percentage, defined as 50 percent 
or more, of the project workforce to complete such contracts: Pro-
vided further, That in implementing this section, the Secretary 
shall develop written guidance to field units to ensure accountability 
and consistent application of the authorities provided herein: Pro-
vided further, That funds appropriated under this head may be 
used to reimburse the United States Fish and Wildlife Service 
and the National Marine Fisheries Service for the costs of carrying 
out their responsibilities under the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.) to consult and conference, as required 
by section 7 of such Act, in connection with wildland fire manage-
ment activities: Provided further, That the Secretary of the Interior 
may use wildland fire appropriations to enter into non-competitive 
sole source leases of real property with local governments, at or 
below fair market value, to construct capitalized improvements 
for fire facilities on such leased properties, including but not limited 
to fire guard stations, retardant stations, and other initial attack 
and fire support facilities, and to make advance payments for any 
such lease or for construction activity associated with the lease: 
Provided further, That the Secretary of the Interior and the Sec-
retary of Agriculture may authorize the transfer of funds appro-
priated for wildland fire management, in an aggregate amount 
not to exceed $10,000,000, between the Departments when such 
transfers would facilitate and expedite jointly funded wildland fire 
management programs and projects: Provided further, That funds 
provided for wildfire suppression shall be available for support 
of Federal emergency response actions. 
CENTRAL HAZARDOUS MATERIALS FUND 
For necessary expenses of the Department of the Interior and 
any of its component offices and bureaus for the remedial action, 
including associated activities, of hazardous waste substances, 
pollutants, or contaminants pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act, as 
amended (42 U.S.C. 9601 et seq.), $10,148,000, to remain available 
until expended. 
NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION 
NATURAL RESOURCE DAMAGE ASSESSMENT FUND 
To conduct natural resource damage assessment and restora-
tion activities by the Department of the Interior necessary to carry 
out the provisions of the Comprehensive Environmental Response, 
Compensation, and Liability Act, as amended (42 U.S.C. 9601 et 
seq.), the Federal Water Pollution Control Act, as amended (33 
U.S.C. 1251 et seq.), the Oil Pollution Act of 1990 (33 U.S.C. 
2701 et seq.), and Public Law 101–337, as amended (16 U.S.C. 
19jj et seq.), $6,338,000, to remain available until expended.
H. R. 1105—198 
WORKING CAPITAL FUND 
For the acquisition of a departmental financial and business 
management system, $73,435,000, to remain available until 
expended: Provided, That none of the funds in this Act or previous 
appropriations Acts may be used to establish reserves in the 
Working Capital Fund account other than for accrued annual leave 
and depreciation of equipment without prior approval of the House 
and Senate Committees on Appropriations. 
ADMINISTRATIVE PROVISIONS 
There is hereby authorized for acquisition from available 
resources within the Working Capital Fund, 15 aircraft, 10 of which 
shall be for replacement and which may be obtained by donation, 
purchase or through available excess surplus property: Provided, 
That existing aircraft being replaced may be sold, with proceeds 
derived or trade-in value used to offset the purchase price for 
the replacement aircraft. 
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR 
(INCLUDING TRANSFERS OF FUNDS) 
SEC. 101. Appropriations made in this title shall be available 
for expenditure or transfer (within each bureau or office), with 
the approval of the Secretary, for the emergency reconstruction, 
replacement, or repair of aircraft, buildings, utilities, or other facili-
ties or equipment damaged or destroyed by fire, flood, storm, or 
other unavoidable causes: Provided, That no funds shall be made 
available under this authority until funds specifically made avail-
able to the Department of the Interior for emergencies shall have 
been exhausted: Provided further, That all funds used pursuant 
to this section must be replenished by a supplemental appropriation 
which must be requested as promptly as possible. 
SEC. 102. The Secretary may authorize the expenditure or 
transfer of any no year appropriation in this title, in addition 
to the amounts included in the budget programs of the several 
agencies, for the suppression or emergency prevention of wildland 
fires on or threatening lands under the jurisdiction of the Depart-
ment of the Interior; for the emergency rehabilitation of burned- 
over lands under its jurisdiction; for emergency actions related 
to potential or actual earthquakes, floods, volcanoes, storms, or 
other unavoidable causes; for contingency planning subsequent to 
actual oil spills; for response and natural resource damage assess-
ment activities related to actual oil spills; for the prevention, 
suppression, and control of actual or potential grasshopper and 
Mormon cricket outbreaks on lands under the jurisdiction of the 
Secretary, pursuant to the authority in section 1773(b) of Public 
Law 99–198 (99 Stat. 1658); for emergency reclamation projects 
under section 410 of Public Law 95–87; and shall transfer, from 
any no year funds available to the Office of Surface Mining Reclama-
tion and Enforcement, such funds as may be necessary to permit 
assumption of regulatory authority in the event a primacy State 
is not carrying out the regulatory provisions of the Surface Mining 
Act: Provided, That appropriations made in this title for wildland 
fire operations shall be available for the payment of obligations 
incurred during the preceding fiscal year, and for reimbursement
H. R. 1105—199 
to other Federal agencies for destruction of vehicles, aircraft, or 
other equipment in connection with their use for wildland fire 
operations, such reimbursement to be credited to appropriations 
currently available at the time of receipt thereof: Provided further, 
That for wildland fire operations, no funds shall be made available 
under this authority until the Secretary determines that funds 
appropriated for ‘‘wildland fire operations’’ shall be exhausted 
within 30 days: Provided further, That all funds used pursuant 
to this section must be replenished by a supplemental appropriation 
which must be requested as promptly as possible: Provided further, 
That such replenishment funds shall be used to reimburse, on 
a pro rata basis, accounts from which emergency funds were trans-
ferred. 
SEC. 103. Appropriations made to the Department of the 
Interior in this title shall be available for services as authorized 
by 5 U.S.C. 3109, when authorized by the Secretary, in total amount 
not to exceed $500,000; purchase and replacement of motor vehicles, 
including specially equipped law enforcement vehicles; hire, mainte-
nance, and operation of aircraft; hire of passenger motor vehicles; 
purchase of reprints; payment for telephone service in private resi-
dences in the field, when authorized under regulations approved 
by the Secretary; and the payment of dues, when authorized by 
the Secretary, for library membership in societies or associations 
which issue publications to members only or at a price to members 
lower than to subscribers who are not members. 
SEC. 104. Appropriations made in this Act under the headings 
Bureau of Indian Affairs and Office of the Special Trustee for 
American Indians and any unobligated balances from prior appro-
priations Acts made under the same headings shall be available 
for expenditure or transfer for Indian trust management and reform 
activities. Total funding for historical accounting activities shall 
not exceed amounts specifically designated in this Act for such 
purpose. 
SEC. 105. Notwithstanding any other provision of law, the 
Secretary of the Interior is authorized to redistribute any Tribal 
Priority Allocation funds, including tribal base funds, to alleviate 
tribal funding inequities by transferring funds to address identified, 
unmet needs, dual enrollment, overlapping service areas or inac-
curate distribution methodologies. No tribe shall receive a reduction 
in Tribal Priority Allocation funds of more than 10 percent in 
fiscal year 2009. Under circumstances of dual enrollment, overlap-
ping service areas or inaccurate distribution methodologies, the 
10 percent limitation does not apply. 
SEC. 106. Notwithstanding any other provision of law, in con-
veying the Twin Cities Research Center under the authority pro-
vided by Public Law 104–134, as amended by Public Law 104– 
208, the Secretary may accept and retain land and other forms 
of reimbursement: Provided, That the Secretary may retain and 
use any such reimbursement until expended and without further 
appropriation: (1) for the benefit of the National Wildlife Refuge 
System within the State of Minnesota; and (2) for all activities 
authorized by 16 U.S.C. 460zz. 
SEC. 107. The Secretary of the Interior may use discretionary 
funds to pay private attorney fees and costs for employees and 
former employees of the Department of the Interior reasonably 
incurred in connection with Cobell v. Kempthorne to the extent 
that such fees and costs are not paid by the Department of Justice