465 
sistance under this heading in this Act or previous appro-
priations Acts may be used as non-Federal matching 
funds for the purpose of hazard mitigation grants provided 
pursuant to section 404 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5170c). 
COMPACT OF FREE ASSOCIATION 
For grants and necessary expenses, $5,318,000, to 
remain available until expended, as provided for in sec-
tions 221(a)(2), 221(b), and 233 of the Compact of Free 
Association for the Republic of Palau; and section 
221(a)(2) of the Compacts of Free Association for the 
Government of the Republic of the Marshall Islands and 
the Federated States of Micronesia, as authorized by Pub-
lic Law 99–658 and Public Law 108–188. 
OFFICE OF THE SOLICITOR 
SALARIES AND EXPENSES 
For necessary expenses of the Office of the Solicitor, 
$62,050,000. 
OFFICE OF INSPECTOR GENERAL 
SALARIES AND EXPENSES 
For necessary expenses of the Office of Inspector 
General, $45,953,000.
466 
OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN 
INDIANS 
FEDERAL TRUST PROGRAMS 
(INCLUDING TRANSFER OF FUNDS) 
For the operation of trust programs for Indians by 
direct expenditure, contracts, cooperative agreements, 
compacts, and grants, $181,648,000, to remain available 
until expended, of which not to exceed $56,445,000 from 
this or any other Act, shall be available for historical ac-
counting: Provided, That funds for trust management im-
provements and litigation support may, as needed, be 
transferred to or merged with the Bureau of Indian Af-
fairs, ‘‘Operation of Indian Programs’’ account; the Office 
of the Solicitor, ‘‘Salaries and Expenses’’ account; and the 
Office of the Secretary, ‘‘Salaries and Expenses’’ account: 
Provided further, That funds made available through con-
tracts or grants obligated during fiscal year 2009, as au-
thorized by the Indian Self-Determination Act of 1975 (25 
U.S.C. 450 et seq.), shall remain available until expended 
by the contractor or grantee: Provided further, That, not-
withstanding any other provision of law, the statute of lim-
itations shall not commence to run on any claim, including 
any claim in litigation pending on the date of the enact-
ment of this Act, concerning losses to or mismanagement 
of trust funds, until the affected tribe or individual Indian 
has been furnished with an accounting of such funds from
467 
which the beneficiary can determine whether there has 
been a loss: Provided further, That, notwithstanding any 
other provision of law, the Secretary shall not be required 
to provide a quarterly statement of performance for any 
Indian trust account that has not had activity for at least 
18 months and has a balance of $15.00 or less: Provided 
further, That the Secretary shall issue an annual account 
statement and maintain a record of any such accounts and 
shall permit the balance in each such account to be with-
drawn upon the express written request of the account 
holder: Provided further, That not to exceed $50,000 is 
available for the Secretary to make payments to correct 
administrative errors of either disbursements from or de-
posits to Individual Indian Money or Tribal accounts after 
September 30, 2002: Provided further, That erroneous 
payments that are recovered shall be credited to and re-
main available in this account for this purpose: Provided 
further, That not to exceed $6,000,000 may be transferred 
from unobligated balances (Treasury Accounts 14X6039, 
14X6803 and 14X8030) for the purpose of one-time ac-
counting reconciliations of the balances, as sanctioned by 
the Chief Financial Officers Act of 1990, American Indian 
Trust Fund Management Reform Act of 1994 and the 
Federal Managers’ Financial Integrity Act (FMFIA).
468 
DEPARTMENT-WIDE PROGRAMS 
WILDLAND FIRE MANAGEMENT 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses for fire preparedness, sup-
pression operations, fire science and research, emergency 
rehabilitation, hazardous fuels reduction, and rural fire as-
sistance by the Department of the Interior, $859,453,000, 
to remain available until expended, of which not to exceed 
$6,137,000 shall be for the renovation or construction of 
fire facilities: Provided, That such funds are also available 
for repayment of advances to other appropriation accounts 
from which funds were previously transferred for such 
purposes: Provided further, That persons hired pursuant 
to 43 U.S.C. 1469 may be furnished subsistence and lodg-
ing without cost from funds available from this appropria-
tion: Provided further, That notwithstanding 42 U.S.C. 
1856d, sums received by a bureau or office of the Depart-
ment of the Interior for fire protection rendered pursuant 
to 42 U.S.C. 1856 et seq., protection of United States 
property, may be credited to the appropriation from which 
funds were expended to provide that protection, and are 
available without fiscal year limitation: Provided further, 
That using the amounts designated under this title of this 
Act, the Secretary of the Interior may enter into procure-
ment contracts, grants, or cooperative agreements, for 
hazardous fuels reduction activities, and for training and
469 
monitoring associated with such hazardous fuels reduction 
activities, on Federal land, or on adjacent non-Federal 
land for activities that benefit resources on Federal land: 
Provided further, That the costs of implementing any co-
operative agreement between the Federal Government and 
any non-Federal entity may be shared, as mutually agreed 
on by the affected parties: Provided further, That notwith-
standing requirements of the Competition in Contracting 
Act, the Secretary, for purposes of hazardous fuels reduc-
tion activities, may obtain maximum practicable competi-
tion among: (1) local private, nonprofit, or cooperative en-
tities; (2) Youth Conservation 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 per-
cent or more, of the project workforce to complete such 
contracts: Provided further, That in implementing this sec-
tion, the Secretary shall develop written guidance to field 
units to ensure accountability and consistent application 
of the authorities provided herein: Provided further, That 
funds appropriated under this head may be used to reim-
burse 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
470 
Act of 1973 (16 U.S.C. 1531 et seq.) to consult and con-
ference, as required by section 7 of such Act, in connection 
with wildland fire management 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 Secretary of Agri-
culture may authorize the transfer of funds appropriated 
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: Pro-
vided further, That funds provided for wildfire suppression 
shall be available for support of Federal emergency re-
sponse actions. 
CENTRAL HAZARDOUS MATERIALS FUND 
For necessary expenses of the Department of the In-
terior and any of its component offices and bureaus for 
the remedial action, including associated activities, of haz-
471 
ardous waste substances, pollutants, or contaminants pur-
suant 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 ex-
pended. 
NATURAL RESOURCE DAMAGE ASSESSMENT AND 
RESTORATION 
NATURAL RESOURCE DAMAGE ASSESSMENT FUND 
To conduct natural resource damage assessment and 
restoration 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 ex-
pended. 
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
472 
equipment without prior approval of the House and Senate 
Committees on Appropriations. 
ADMINISTRATIVE PROVISIONS 
There is hereby authorized for acquisition from avail-
able resources within the Working Capital Fund, 15 air-
craft, 10 of which shall be for replacement and which may 
be obtained by donation, purchase or through available ex-
cess 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 emer-
gency reconstruction, replacement, or repair of aircraft, 
buildings, utilities, or other facilities or equipment dam-
aged or destroyed by fire, flood, storm, or other unavoid-
able causes: Provided, That no funds shall be made avail-
able under this authority until funds specifically made 
available to the Department of the Interior for emer-
gencies shall have been exhausted: Provided further, That 
all funds used pursuant to this section must be replenished
473 
by a supplemental appropriation which must be requested 
as promptly as possible. 
SEC. 102. The Secretary may authorize the expendi-
ture or transfer of any no year appropriation in this title, 
in addition to the amounts included in the budget pro-
grams of the several agencies, for the suppression or emer-
gency prevention of wildland fires on or threatening lands 
under the jurisdiction of the Department of the Interior; 
for the emergency rehabilitation of burned-over lands 
under its jurisdiction; for emergency actions related to po-
tential or actual earthquakes, floods, volcanoes, storms, or 
other unavoidable causes; for contingency planning subse-
quent to actual oil spills; for response and natural resource 
damage assessment 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 Min-
ing Reclamation 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 regu-
latory provisions of the Surface Mining Act: Provided,
474 
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 reim-
bursement to other Federal agencies for destruction of ve-
hicles, 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 ex-
hausted 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 replen-
ishment 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; pur-
chase and replacement of motor vehicles, including spe-
cially equipped law enforcement vehicles; hire, mainte-
nance, and operation of aircraft; hire of passenger motor
475 
vehicles; purchase of reprints; payment for telephone serv-
ice in private residences in the field, when authorized 
under regulations approved by the Secretary; and the pay-
ment of dues, when authorized by the Secretary, for li-
brary 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 Spe-
cial Trustee for American Indians and any unobligated 
balances from prior appropriations Acts made under the 
same headings shall be available for expenditure or trans-
fer 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 redis-
tribute 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 inaccurate 
distribution methodologies. No tribe shall receive a reduc-
tion in Tribal Priority Allocation funds of more than 10 
percent in fiscal year 2009. Under circumstances of dual
476 
enrollment, overlapping service areas or inaccurate dis-
tribution methodologies, the 10 percent limitation does not 
apply. 
SEC. 106. Notwithstanding any other provision of 
law, in conveying the Twin Cities Research Center under 
the authority provided by Public Law 104–134, as amend-
ed 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 reim-
bursement until expended and without further appropria-
tion: (1) for the benefit of the National Wildlife Refuge 
System within the State of Minnesota; and (2) for all ac-
tivities authorized by 16 U.S.C. 460zz. 
SEC. 107. The Secretary of the Interior may use dis-
cretionary 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 or by private insur-
ance. In no case shall the Secretary make payments under 
this section that would result in payment of hourly fees 
in excess of the highest hourly rate approved by the Dis-
trict Court for the District of Columbia for counsel in 
Cobell v. Kempthorne.
477 
SEC. 108. The United States Fish and Wildlife Serv-
ice shall, in carrying out its responsibilities to protect 
threatened and endangered species of salmon, implement 
a system of mass marking of salmonid stocks, intended 
for harvest, that are released from federally operated or 
federally financed hatcheries including but not limited to 
fish releases of coho, chinook, and steelhead species. 
Marked fish must have a visible mark that can be readily 
identified by commercial and recreational fishers. 
SEC. 109. No funds appropriated for the Department 
of the Interior by this Act or any other Act shall be used 
to study or implement any plan to drain Lake Powell or 
to reduce the water level of the lake below the range of 
water levels required for the operation of the Glen Canyon 
Dam. 
SEC. 110. Notwithstanding any other provision of 
law, the Secretary of the Interior is authorized to acquire 
lands, waters, or interests therein including the use of all 
or part of any pier, dock, or landing within the State of 
New York and the State of New Jersey, for the purpose 
of operating and maintaining facilities in the support of 
transportation and accommodation of visitors to Ellis, 
Governors, and Liberty Islands, and of other program and 
administrative activities, by donation or with appropriated 
funds, including franchise fees (and other monetary con-
478 
sideration), or by exchange; and the Secretary is author-
ized to negotiate and enter into leases, subleases, conces-
sion contracts or other agreements for the use of such fa-
cilities on such terms and conditions as the Secretary may 
determine reasonable. 
SEC. 111. Title 43 U.S.C. 1473, as amended by Pub-
lic Law 110–161, is further amended by deleting the 
phrase ‘‘in fiscal year 2008 only’’ and inserting in lieu 
thereof ‘‘in fiscal years 2008 and 2009 only’’. 
SEC. 112. No funds appropriated or otherwise made 
available to the Department of the Interior may be used, 
in relation to any proposal to store water for the purpose 
of export, for approval of any right-of-way or similar au-
thorization on the Mojave National Preserve or lands man-
aged by the Needles Field Office of the Bureau of Land 
Management, or for carrying out any activities associated 
with such right-of-way or similar approval. 
SEC. 113. The Secretary of the Interior may enter 
into cooperative agreements with a State or political sub-
division (including any agency thereof), or any not-for- 
profit organization if the agreement will: (1) serve a mu-
tual interest of the parties to the agreement in carrying 
out the programs administered by the Department of the 
Interior; and (2) all parties will contribute resources to 
the accomplishment of these objectives. At the discretion
479 
of the Secretary, such agreements shall not be subject to 
a competitive process. 
SEC. 114. Funds provided in this Act for Federal 
land acquisition by the National Park Service for Shen-
andoah Valley Battlefields National Historic District and 
Ice Age National Scenic Trail may be used for a grant 
to a State, a local government, or any other land manage-
ment entity for the acquisition of lands without regard to 
any restriction on the use of Federal land acquisition 
funds provided through the Land and Water Conservation 
Fund Act of 1965 as amended. 
SEC. 115. Sections 109 and 110 of the Federal Oil 
and Gas Royalty Management Act (30 U.S.C. 1719 and 
1720) shall apply to any lease authorizing exploration for 
or development of coal, any other solid mineral, or any 
geothermal resource on any Federal or Indian lands and 
any lease, easement, right of way, or other agreement, re-
gardless of form, for use of the Outer Continental Shelf 
or any of its resources under sections 8(k) or 8(p) of the 
Outer Continental Shelf Lands Act (43 U.S.C. 1337(k) 
and 1337(p)) to the same extent as if such lease, ease-
ment, right of way, or other agreement, regardless of 
form, were an oil and gas lease, except that in such cases 
the term ‘‘royalty payment’’ shall include any payment re-
480 
quired by such lease, easement, right of way or other 
agreement, regardless of form, or by applicable regulation. 
SEC. 116. The Pittsford National Fish Hatchery in 
Chittenden, Vermont is hereby renamed the Dwight D. Ei-
senhower National Fish Hatchery. 
SEC. 117. Section 6 of the Great Sand Dunes Na-
tional Park and Preserve Act of 2000 (16 U.S.C. 410hhh– 
4) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘(a) ESTABLISHMENT.— 
(1) When’’ and inserting the following: 
‘‘(a) ESTABLISHMENT AND PURPOSE.— 
‘‘(1) ESTABLISHMENT.— 
‘‘(A) IN GENERAL.—When’’; 
(B) in paragraph (2), by striking ‘‘(2) 
Such establishment’’ and inserting the fol-
lowing: 
‘‘(B) EFFECTIVE
DATE.—The establish-
ment of the refuge under subparagraph (A)’’; 
and 
(C) by adding at the end the following: 
‘‘(2) PURPOSE.—The purpose of the Baca Na-
tional Wildlife Refuge shall be to restore, enhance, 
and maintain wetland, upland, riparian, and other
481 
habitats for native wildlife, plant, and fish species in 
the San Luis Valley.’’; 
(2) in subsection (c)— 
(A) by striking ‘‘The Secretary’’ and in-
serting the following: 
‘‘(1) IN GENERAL.—The Secretary’’; and 
(B) by adding at the end the following: 
‘‘(2) REQUIREMENTS.—In administering the 
Baca National Wildlife Refuge, the Secretary shall, 
to the maximum extent practicable— 
‘‘(A) emphasize migratory bird conserva-
tion; and 
‘‘(B) take into consideration the role of the 
Refuge in broader landscape conservation ef-
forts.’’; and 
(3) in subsection (d)— 
(A) in paragraph (1), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (2), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(3) subject to any agreement in existence as of 
the date of enactment of this paragraph, and to the 
extent consistent with the purposes of the Refuge, 
use decreed water rights on the Refuge in approxi-
482 
mately the same manner that the water rights have 
been used historically.’’. 
SEC. 118. None of the funds in this Act may be used 
to further reduce the number of Axis or Fallow deer at 
Point Reyes National Seashore below the number as of 
the date of enactment of this Act. 
TITLE II 
ENVIRONMENTAL PROTECTION AGENCY 
SCIENCE AND TECHNOLOGY 
For science and technology, including research and 
development activities, which shall include research and 
development activities under the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 
1980, as amended; necessary expenses for personnel and 
related costs and travel expenses; procurement of labora-
tory equipment and supplies; and other operating expenses 
in support of research and development, $790,051,000, to 
remain available until September 30, 2010. 
ENVIRONMENTAL PROGRAMS AND MANAGEMENT 
For environmental programs and management, in-
cluding necessary expenses, not otherwise provided for, for 
personnel and related costs and travel expenses; hire of 
passenger motor vehicles; hire, maintenance, and oper-
ation of aircraft; purchase of reprints; library member-
ships in societies or associations which issue publications
483 
to members only or at a price to members lower than to 
subscribers who are not members; administrative costs of 
the brownfields program under the Small Business Liabil-
ity Relief and Brownfields Revitalization Act of 2002; and 
not to exceed $19,000 for official reception and represen-
tation expenses, $2,392,079,000, to remain available until 
September 30, 2010: Provided, That of the funds included 
under this heading, not less than $95,846,000 shall be for 
the Geographic Programs specified in the explanatory 
statement described in section 4 (in the matter preceding 
division A of this consolidated Act). 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector 
General in carrying out the provisions of the Inspector 
General Act of 1978, as amended, $44,791,000, to remain 
available until September 30, 2010. 
BUILDINGS AND FACILITIES 
For construction, repair, improvement, extension, al-
teration, and purchase of fixed equipment or facilities of, 
or for use by, the Environmental Protection Agency, 
$35,001,000, to remain available until expended. 
HAZARDOUS SUBSTANCE SUPERFUND 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses to carry out the Comprehen-
sive Environmental Response, Compensation, and Liabil-
484 
ity Act of 1980 (CERCLA), as amended, including sec-
tions 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 
9611) $1,285,024,000, to remain available until expended, 
consisting of such sums as are available in the Trust Fund 
on September 30, 2008, as authorized by section 517(a) 
of the Superfund Amendments and Reauthorization Act 
of 1986 (SARA) and up to $1,285,024,000 as a payment 
from general revenues to the Hazardous Substance Super-
fund for purposes as authorized by section 517(b) of 
SARA, as amended: Provided, That funds appropriated 
under this heading may be allocated to other Federal 
agencies in accordance with section 111(a) of CERCLA: 
Provided further, That of the funds appropriated under 
this heading, $9,975,000 shall be paid to the ‘‘Office of 
Inspector General’’ appropriation to remain available until 
September 30, 2010, and $26,417,000 shall be paid to the 
‘‘Science and Technology’’ appropriation to remain avail-
able until September 30, 2010. 
LEAKING UNDERGROUND STORAGE TANK TRUST FUND 
PROGRAM 
For necessary expenses to carry out leaking under-
ground storage tank cleanup activities authorized by sub-
title I of the Solid Waste Disposal Act, as amended, 
$112,577,000, to remain available until expended, of 
which $77,077,000 shall be for carrying out leaking un-
485 
derground storage tank cleanup activities authorized by 
section 9003(h) of the Solid Waste Disposal Act, as 
amended; $35,500,000 shall be for carrying out the other 
provisions of the Solid Waste Disposal Act specified in sec-
tion 9508(c) of the Internal Revenue Code, as amended: 
Provided, That the Administrator is authorized to use ap-
propriations made available under this heading to imple-
ment section 9013 of the Solid Waste Disposal Act to pro-
vide financial assistance to federally recognized Indian 
tribes for the development and implementation of pro-
grams to manage underground storage tanks. 
OIL SPILL RESPONSE 
For expenses necessary to carry out the Environ-
mental Protection Agency’s responsibilities under the Oil 
Pollution Act of 1990, $17,687,000, to be derived from 
the Oil Spill Liability trust fund, to remain available until 
expended. 
STATE AND TRIBAL ASSISTANCE GRANTS 
For environmental programs and infrastructure as-
sistance, including capitalization grants for State revolv-
ing 
funds 
and 
performance 
partnership 
grants, 
$2,968,464,000, to remain available until expended, of 
which $689,080,000 shall be for making capitalization 
grants for the Clean Water State Revolving Funds under 
title VI of the Federal Water Pollution Control Act, as
486 
amended (the ‘‘Act’’); of which up to $75,000,000 shall 
be available for loans, including interest free loans as au-
thorized by 33 U.S.C. 1383(d)(1)(A), to municipal, inter- 
municipal, interstate, or State agencies or nonprofit enti-
ties for projects that provide treatment for or that mini-
mize sewage or stormwater discharges using one or more 
approaches which include, but are not limited to, decen-
tralized or distributed stormwater controls, decentralized 
wastewater treatment, low-impact development practices, 
conservation easements, stream buffers, or wetlands res-
toration; $829,029,000 shall be for capitalization grants 
for the Drinking Water State Revolving Funds under sec-
tion 1452 of the Safe Drinking Water Act, as amended; 
$20,000,000 shall be for architectural, engineering, plan-
ning, design, construction and related activities in connec-
tion with the construction of high priority water and 
wastewater facilities in the area of the United States-Mex-
ico Border, after consultation with the appropriate border 
commission; $18,500,000 shall be for grants to the State 
of Alaska to address drinking water and waste infrastruc-
ture needs of rural and Alaska Native Villages: Provided, 
That, of these funds: (1) the State of Alaska shall provide 
a match of 25 percent; (2) no more than 5 percent of the 
funds may be used for administrative and overhead ex-
penses; and (3) the State of Alaska shall make awards
487 
consistent with the State-wide priority list established in 
conjunction with the Agency and the U.S. Department of 
Agriculture for all water, sewer, waste disposal, and simi-
lar projects carried out by the State of Alaska that are 
funded under section 221 of the Federal Water Pollution 
Control Act (33 U.S.C. 1301) or the Consolidated Farm 
and Rural Development Act (7 U.S.C. 1921 et seq.) which 
shall allocate not less than 25 percent of the funds pro-
vided 
for 
projects 
in 
regional 
hub 
communities; 
$145,000,000 shall be for making special project grants 
for the construction of drinking water, wastewater and 
storm water infrastructure and for water quality protec-
tion in accordance with the terms and conditions specified 
for such grants in the explanatory statement described in 
section 4 (in the matter preceding division A of this con-
solidated Act), and, for purposes of these grants, each 
grantee shall contribute not less than 45 percent of the 
cost of the project unless the grantee is approved for a 
waiver by the Agency; $97,000,000 shall be to carry out 
section 104(k) of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 
(CERCLA), as amended, including grants, interagency 
agreements, and associated program support costs; 
$60,000,000 shall be for grants under title VII, subtitle 
G of the Energy Policy Act of 2005, as amended;
488 
$15,000,000 shall be for grants for cost-effective emission 
reduction projects in accordance with the terms and condi-
tions of the explanatory statement described in section 4 
(in the matter preceding division A of this consolidated 
Act); and $1,094,855,000 shall be for grants, including 
associated program support costs, to States, federally rec-
ognized tribes, interstate agencies, tribal consortia, and air 
pollution control agencies for multi-media or single media 
pollution prevention, control and abatement and related 
activities, including activities pursuant to the provisions 
set forth under this heading in Public Law 104–134, and 
for making grants under section 103 of the Clean Air Act 
for particulate matter monitoring and data collection ac-
tivities subject to terms and conditions specified by the 
Administrator, of which $49,495,000 shall be for carrying 
out section 128 of CERCLA, as amended, $10,000,000 
shall be for Environmental Information Exchange Net-
work grants, including associated program support costs, 
$18,500,000 of the funds available for grants under sec-
tion 106 of the Act shall be for water quality monitoring 
activities, $10,000,000 shall be for competitive grants to 
communities to develop plans and demonstrate and imple-
ment projects which reduce greenhouse gas emissions, 
and, in addition to funds appropriated under the heading 
‘‘Leaking Underground Storage Tank Trust Fund Pro-
489 
gram’’ to carry out the provisions of the Solid Waste Dis-
posal Act specified in section 9508(c) of the Internal Rev-
enue Code other than section 9003(h) of the Solid Waste 
Disposal Act, as amended, $2,500,000 shall be for grants 
to States under section 2007(f)(2) of the Solid Waste Dis-
posal Act, as amended: Provided further, That notwith-
standing section 603(d)(7) of the Federal Water Pollution 
Control Act, the limitation on the amounts in a State 
water pollution control revolving fund that may be used 
by a State to administer the fund shall not apply to 
amounts included as principal in loans made by such fund 
in fiscal year 2009 and prior years where such amounts 
represent costs of administering the fund to the extent 
that such amounts are or were deemed reasonable by the 
Administrator, accounted for separately from other assets 
in the fund, and used for eligible purposes of the fund, 
including administration: Provided further, That for fiscal 
year 2009, and notwithstanding section 518(f) of the Act, 
the Administrator is authorized to use the amounts appro-
priated for any fiscal year under section 319 of that Act 
to make grants to federally recognized Indian tribes pur-
suant to sections 319(h) and 518(e) of that Act: Provided 
further, That for fiscal year 2009, notwithstanding the 
limitation on amounts in section 518(c) of the Act, up to 
a total of 11⁄2 percent of the funds appropriated for State
490 
Revolving Funds under title VI of that Act may be re-
served by the Administrator for grants under section 
518(c) of that Act: Provided further, That no funds pro-
vided by this appropriations Act to address the water, 
wastewater and other critical infrastructure needs of the 
colonias in the United States along the United States- 
Mexico border shall be made available to a county or mu-
nicipal government unless that government has established 
an enforceable local ordinance, or other zoning rule, which 
prevents in that jurisdiction the development or construc-
tion of any additional colonia areas, or the development 
within an existing colonia the construction of any new 
home, business, or other structure which lacks water, 
wastewater, or other necessary infrastructure. 
ADMINISTRATIVE PROVISIONS, ENVIRONMENTAL 
PROTECTION AGENCY 
(INCLUDING RESCISSION OF FUNDS) 
For fiscal year 2009, notwithstanding 31 U.S.C. 
6303(1) and 6305(1), the Administrator of the Environ-
mental Protection Agency, in carrying out the Agency’s 
function to implement directly Federal environmental pro-
grams required or authorized by law in the absence of an 
acceptable tribal program, may award cooperative agree-
ments to federally recognized Indian Tribes or Intertribal 
consortia, if authorized by their member Tribes, to assist
491 
the Administrator in implementing Federal environmental 
programs for Indian Tribes required or authorized by law, 
except that no such cooperative agreements may be award-
ed from funds designated for State financial assistance 
agreements. 
The Administrator of the Environmental Protection 
Agency is authorized to collect and obligate pesticide reg-
istration service fees in accordance with section 33 of the 
Federal Insecticide, Fungicide, and Rodenticide Act, as 
amended by Public Law 110–94, the Pesticide Registra-
tion Improvement Renewal Act. 
For fiscal year 2009 and thereafter, the Science and 
Technology and Environmental Programs and Manage-
ment Accounts are available for uniforms, or allowances 
therefore, as authorized by 5 U.S.C. 5901–02 and for 
services as authorized by 5 U.S.C. 3109, but at rates for 
individuals not to exceed the daily equivalent of the rate 
paid for level IV of the Executive Schedule. Unless specifi-
cally authorized by law, for fiscal year 2009 and there-
after, none of the funds available under this title for 
grants may be used to pay for the salaries of individual 
consultants at more than the daily equivalent of the rate 
paid for level IV of the Executive Schedule. 
None of the funds made available by this Act may 
be used in contravention of, or to delay the implementa-
492 
tion of, Executive Order No. 12898 of February 11, 1994 
(59 Fed. Reg. 7629; relating to Federal actions to address 
environmental justice in minority populations and low-in-
come populations). 
Title II of Public Law 109–54, under the heading 
Administrative Provisions, is amended: in the fourth para-
graph, strike ‘‘make not to exceed five appointments in 
any fiscal year under the authority provided in 42 U.S.C. 
209 for the Office of Research and Development’’ and in-
sert ‘‘employ up to thirty persons at any one time in the 
Office of Research and Development under the authority 
provided in 42 U.S.C. 209’’. 
From unobligated balances to carry out projects and 
activities funded through the State and Tribal Assistance 
Grants Account, $10,000,000 are permanently rescinded. 
Of the funds provided in the Environmental Pro-
grams 
and 
Management 
Account, 
not 
less 
than 
$6,500,000 shall be used for activities to develop and pub-
lish a final rule not later than June 26, 2009, and to begin 
implementation, to require mandatory reporting of green-
house gas emissions above appropriate thresholds in all 
sectors of the economy of the United States, as required 
by Public Law 110–161. 
For fiscal year 2009 and thereafter, the Science and 
Technology, Environmental Programs and Management,
493 
Office of Inspector General, Hazardous Substance Super-
fund, and Leaking Underground Storage Tank Trust 
Fund Program Accounts, are available for the construc-
tion, alteration, repair, rehabilitation, and renovation of 
facilities provided that the cost does not exceed $85,000 
per project. 
TITLE III 
RELATED AGENCIES 
DEPARTMENT OF AGRICULTURE 
FOREST SERVICE 
FOREST AND RANGELAND RESEARCH 
For necessary expenses of forest and rangeland re-
search as authorized by law, $296,380,000, to remain 
available until expended: Provided, That of the funds pro-
vided, $60,770,000 is for the forest inventory and analysis 
program. 
STATE AND PRIVATE FORESTRY 
For necessary expenses of cooperating with and pro-
viding technical and financial assistance to States, terri-
tories, possessions, and others, and for forest health man-
agement, including treatments of pests, pathogens, and 
invasive or noxious plants and for restoring and rehabili-
tating forests damaged by pests or invasive plants, cooper-
ative forestry, and education and land conservation activi-
ties and conducting an international program as author-
494 
ized, $265,861,000, to remain available until expended, as 
authorized by law; and of which $49,445,000 is to be de-
rived from the Land and Water Conservation Fund. 
NATIONAL FOREST SYSTEM 
(INCLUDING RESCISSION OF FUNDS) 
For necessary expenses of the Forest Service, not 
otherwise provided for, for management, protection, im-
provement, and utilization of the National Forest System, 
$1,514,805,000, to remain available until expended, which 
shall include 50 percent of all moneys received during 
prior fiscal years as fees collected under the Land and 
Water Conservation Fund Act of 1965, as amended, in 
accordance with section 4 of the Act (16 U.S.C. 460l– 
6a(i)): Provided, That of the unobligated balances in this 
account, $5,000,000 are rescinded. 
CAPITAL IMPROVEMENT AND MAINTENANCE 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Forest Service, not 
otherwise provided for, $495,393,000, to remain available 
until expended, for construction, capital improvement, 
maintenance and acquisition of buildings and other facili-
ties and infrastructure; and for construction, capital im-
provement, decommissioning, and maintenance of forest 
roads and trails by the Forest Service as authorized by 
16 U.S.C. 532–538 and 23 U.S.C. 101 and 205: Provided, 
That $50,000,000 shall be designated for urgently needed
495 
road decommissioning, road and trail repair and mainte-
nance and associated activities, and removal of fish pas-
sage barriers, especially in areas where Forest Service 
roads may be contributing to water quality problems in 
streams and water bodies which support threatened, en-
dangered or sensitive species or community water sources: 
Provided further, That up to $40,000,000 of the funds 
provided herein for road maintenance shall be available for 
the decommissioning of roads, including unauthorized 
roads not part of the transportation system, which are no 
longer needed: Provided further, That no funds shall be 
expended to decommission any system road until notice 
and an opportunity for public comment has been provided 
on each decommissioning project: Provided further, That 
the decommissioning of unauthorized roads not part of the 
official transportation system shall be expedited in re-
sponse to threats to public safety, water quality, or natural 
resources: Provided further, That funds becoming available 
in fiscal year 2009 under the Act of March 4, 1913 (16 
U.S.C. 501) shall be transferred to the General Fund of 
the Treasury and shall not be available for transfer or obli-
gation for any other purpose unless the funds are appro-
priated. 
LAND ACQUISITION 
For expenses necessary to carry out the provisions 
of the Land and Water Conservation Fund Act of 1965,
496 
as amended (16 U.S.C. 460l–4 through 11), including ad-
ministrative expenses, and for acquisition of land or wa-
ters, or interest therein, in accordance with statutory au-
thority applicable to the Forest Service, $49,775,000, to 
be derived from the Land and Water Conservation Fund 
and to remain available until expended. 
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL 
ACTS 
For acquisition of lands within the exterior bound-
aries of the Cache, Uinta, and Wasatch National Forests, 
Utah; the Toiyabe National Forest, Nevada; and the An-
geles, San Bernardino, Sequoia, and Cleveland National 
Forests, California, as authorized by law, $1,050,000, to 
be derived from forest receipts. 
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES 
For acquisition of lands, such sums, to be derived 
from funds deposited by State, county, or municipal gov-
ernments, public school districts, or other public school au-
thorities, and for authorized expenditures from funds de-
posited by non-Federal parties pursuant to Land Sale and 
Exchange Acts, pursuant to the Act of December 4, 1967, 
as amended (16 U.S.C. 484a), to remain available until 
expended. (16 U.S.C. 4601–516–617a, 555a; Public Law 
96–586; Public Law 76–589, 76–591; and 78–310).
497 
RANGE BETTERMENT FUND 
For necessary expenses of range rehabilitation, pro-
tection, and improvement, 50 percent of all moneys re-
ceived during the prior fiscal year, as fees for grazing do-
mestic livestock on lands in National Forests in the 16 
Western States, pursuant to section 401(b)(1) of Public 
Law 94–579, as amended, to remain available until ex-
pended, of which not to exceed 6 percent shall be available 
for administrative expenses associated with on-the-ground 
range rehabilitation, protection, and improvements. 
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND 
RANGELAND RESEARCH 
For expenses authorized by 16 U.S.C. 1643(b), 
$50,000, to remain available until expended, to be derived 
from the fund established pursuant to the above Act. 
MANAGEMENT OF NATIONAL FOREST LANDS FOR 
SUBSISTENCE USES 
For necessary expenses of the Forest Service to man-
age Federal lands in Alaska for subsistence uses under 
title VIII of the Alaska National Interest Lands Conserva-
tion Act (Public Law 96–487), $5,000,000, to remain 
available until expended. 
WILDLAND FIRE MANAGEMENT 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses for forest fire presuppression 
activities on National Forest System lands, for emergency
498 
fire suppression on or adjacent to such lands or other 
lands under fire protection agreement, hazardous fuels re-
duction on or adjacent to such lands, and for emergency 
rehabilitation of burned-over National Forest System 
lands and water, $2,131,630,000, to remain available until 
expended: Provided, That such funds including unobli-
gated balances under this heading, are available for repay-
ment of advances from other appropriations accounts pre-
viously transferred for such purposes: Provided further, 
That such funds shall be available to reimburse State and 
other cooperating entities for services provided in response 
to wildfire and other emergencies or disasters to the extent 
such reimbursements by the Forest Service for non-fire 
emergencies are fully repaid by the responsible emergency 
management agency: Provided further, That, notwith-
standing any other provision of law, $8,000,000 of funds 
appropriated under this appropriation shall be used for 
Fire Science Research in support of the Joint Fire Science 
Program: Provided further, That all authorities for the use 
of funds, including the use of contracts, grants, and coop-
erative agreements, available to execute the Forest and 
Rangeland Research appropriation, are also available in 
the utilization of these funds for Fire Science Research: 
Provided further, That funds provided shall be available 
for emergency rehabilitation and restoration, hazardous
499 
fuels reduction activities in the urban-wildland interface, 
support to Federal emergency response, and wildfire sup-
pression activities of the Forest Service: Provided further, 
That of the funds provided, $328,086,000 is for hazardous 
fuels reduction activities, $11,500,000 is for rehabilitation 
and restoration, $23,917,000 is for research activities and 
to make competitive research grants pursuant to the For-
est and Rangeland Renewable Resources Research Act, as 
amended (16 U.S.C. 1641 et seq.), $55,000,000 is for 
State fire assistance, $9,000,000 is for volunteer fire as-
sistance, $17,252,000 is for forest health activities on 
Federal lands and $9,928,000 is for forest health activities 
on State and private lands: Provided further, That 
amounts in this paragraph may be transferred to the 
‘‘State and Private Forestry’’, ‘‘National Forest System’’, 
and ‘‘Forest and Rangeland Research’’ accounts to fund 
State fire assistance, volunteer fire assistance, forest 
health management, forest and rangeland research, the 
Joint Fire Science Program, vegetation and watershed 
management, heritage site rehabilitation, and wildlife and 
fish habitat management and restoration: Provided fur-
ther, That up to $15,000,000 of the funds provided under 
this heading for hazardous fuels treatments may be trans-
ferred to and made a part of the ‘‘National Forest Sys-
tem’’ account at the sole discretion of the Chief of the
500 
Forest Service 30 days after notifying the House and the 
Senate Committees on Appropriations: Provided further, 
That the costs of implementing any cooperative agreement 
between the Federal Government and any non-Federal en-
tity may be shared, as mutually agreed on by the affected 
parties: Provided further, That in addition to funds pro-
vided for State Fire Assistance programs, and subject to 
all authorities available to the Forest Service under the 
State and Private Forestry Appropriation, up to 
$15,000,000 may be used on adjacent non-Federal lands 
for the purpose of protecting communities when hazard 
reduction activities are planned on national forest lands 
that have the potential to place such communities at risk: 
Provided further, That funds made available to implement 
the Community Forest Restoration Act, Public Law 106– 
393, title VI, shall be available for use on non-Federal 
lands in accordance with authorities available to the For-
est Service under the State and Private Forestry Appro-
priation: Provided further, That the Secretary of the Inte-
rior and the Secretary of Agriculture may authorize the 
transfer of funds appropriated for wildland fire manage-
ment, in an aggregate amount not to exceed $10,000,000, 
between the Departments when such transfers would fa-
cilitate and expedite jointly funded wildland fire manage-
ment programs and projects: Provided further, That of the
501 
funds provided for hazardous fuels reduction, not to ex-
ceed $5,000,000, may be used to make grants, using any 
authorities available to the Forest Service under the State 
and Private Forestry appropriation, for the purpose of 
creating incentives for increased use of biomass from na-
tional forest lands: Provided further, That funds des-
ignated for wildfire suppression shall be assessed for cost 
pools on the same basis as such assessments are calculated 
against other agency programs. 
ADMINISTRATIVE PROVISIONS, FOREST SERVICE 
Appropriations to the Forest Service for the current 
fiscal year shall be available for: (1) purchase of passenger 
motor vehicles; acquisition of passenger motor vehicles 
from excess sources, and hire of such vehicles; purchase, 
lease, operation, maintenance, and acquisition of aircraft 
from excess sources to maintain the operable fleet for use 
in Forest Service wildland fire programs and other Forest 
Service programs; notwithstanding other provisions of law, 
existing aircraft being replaced may be sold, with proceeds 
derived or trade-in value used to offset the purchase price 
for the replacement aircraft; (2) services pursuant to 7 
U.S.C. 2225, and not to exceed $100,000 for employment 
under 5 U.S.C. 3109; (3) purchase, erection, and alter-
ation of buildings and other public improvements (7 
U.S.C. 2250); (4) acquisition of land, waters, and inter-
ests therein pursuant to 7 U.S.C. 428a; (5) for expenses
502 
pursuant to the Volunteers in the National Forest Act of 
1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost 
of uniforms as authorized by 5 U.S.C. 5901–5902; and 
(7) for debt collection contracts in accordance with 31 
U.S.C. 3718(c). 
Any appropriations or funds available to the Forest 
Service may be transferred to the Wildland Fire Manage-
ment appropriation for forest firefighting, emergency re-
habilitation of burned-over or damaged lands or waters 
under its jurisdiction, and fire preparedness due to severe 
burning conditions upon notification of the House and 
Senate Committees on Appropriations and if and only if 
all previously appropriated emergency contingent funds 
under the heading ‘‘Wildland Fire Management’’ have 
been released by the President and apportioned and all 
wildfire suppression funds under the heading ‘‘Wildland 
Fire Management’’ are obligated. 
Funds appropriated to the Forest Service shall be 
available for assistance to or through the Agency for Inter-
national Development in connection with forest and range-
land research, technical information, and assistance in for-
eign countries, and shall be available to support forestry 
and related natural resource activities outside the United 
States and its territories and possessions, including tech-
503 
nical assistance, education and training, and cooperation 
with United States and international organizations. 
None of the funds made available to the Forest Serv-
ice in this Act or any other Act with respect to any fiscal 
year shall be subject to transfer under the provisions of 
section 702(b) of the Department of Agriculture Organic 
Act of 1944 (7 U.S.C. 2257), section 442 of Public Law 
106–224 (7 U.S.C. 7772), or section 10417(b) of Public 
Law 107–107 (7 U.S.C. 8316(b)). 
None of the funds available to the Forest Service may 
be reprogrammed without the advance approval of the 
House and Senate Committees on Appropriations in ac-
cordance with the reprogramming procedures contained in 
the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act). 
Not more than $73,285,000 of funds available to the 
Forest Service shall be transferred to the Working Capital 
Fund of the Department of Agriculture and not more than 
$19,400,000 of funds available to the Forest Service shall 
be transferred to the Department of Agriculture for De-
partment Reimbursable Programs, commonly referred to 
as Greenbook charges. Nothing in this paragraph shall 
prohibit or limit the use of reimbursable agreements re-
quested by the Forest Service in order to obtain services
504 
from the Department of Agriculture’s National Informa-
tion Technology Center. 
Funds available to the Forest Service shall be avail-
able to conduct a program of up to $5,000,000 for priority 
projects within the scope of the approved budget, of which 
$2,500,000 shall be carried out by the Youth Conservation 
Corps and $2,500,000 shall be carried out under the au-
thority of the Public Lands Corps Healthy Forests Res-
toration Act of 2005, Public Law 109–154. 
Of the funds available to the Forest Service, $4,000 
is available to the Chief of the Forest Service for official 
reception and representation expenses. 
Pursuant to sections 405(b) and 410(b) of Public 
Law 101–593, of the funds available to the Forest Service, 
$3,000,000 may be advanced in a lump sum to the Na-
tional Forest Foundation to aid conservation partnership 
projects in support of the Forest Service mission, without 
regard to when the Foundation incurs expenses, for ad-
ministrative expenses or projects on or benefitting Na-
tional Forest System lands or related to Forest Service 
programs: Provided, That the Foundation shall obtain, by 
the end of the period of Federal financial assistance, pri-
vate contributions to match on at least one-for-one basis 
funds made available by the Forest Service: Provided fur-
ther, That the Foundation may transfer Federal funds to
505 
Federal or a non-Federal recipient for a project at the 
same rate that the recipient has obtained the non-Federal 
matching funds: Provided further, That authorized invest-
ments of Federal funds held by the Foundation may be 
made only in interest-bearing obligations of the United 
States or in obligations guaranteed as to both principal 
and interest by the United States. 
Pursuant to section 2(b)(2) of Public Law 98–244, 
$3,000,000 of the funds available to the Forest Service 
shall be advanced to the National Fish and Wildlife Foun-
dation in a lump sum to aid cost-share conservation 
projects, without regard to when expenses are incurred, 
on or benefitting National Forest System lands or related 
to Forest Service programs: Provided, That such funds 
shall be matched on at least a one-for-one basis by the 
Foundation or its sub-recipients: Provided further, That 
the Foundation may transfer Federal funds to a Federal 
or non-Federal recipient for a project at the same rate 
that the recipient has obtained the non-Federal matching 
funds. 
Funds appropriated to the Forest Service shall be 
available for interactions with and providing technical as-
sistance to rural communities and natural resource-based 
businesses for sustainable rural development purposes.
506 
Funds appropriated to the Forest Service shall be 
available for payments to counties within the Columbia 
River Gorge National Scenic Area, pursuant to section 
14(c)(1) and (2), and section 16(a)(2) of Public Law 99– 
663. 
An eligible individual who is employed in any project 
funded under title V of the Older American Act of 1965 
(42 U.S.C. 3056 et seq.) and administered by the Forest 
Service shall be considered to be a Federal employee for 
purposes of chapter 171 of title 28, United States Code. 
Any funds appropriated to the Forest Service may 
be used to meet the non-Federal share requirement in sec-
tion 502(c) of the Older American Act of 1965 (42 U.S.C. 
3056(c)(2)). 
Funds available to the Forest Service, not to exceed 
$50,000,000, shall be assessed for the purpose of per-
forming facilities maintenance. Such assessments shall 
occur using a square foot rate charged on the same basis 
the agency uses to assess programs for payment of rent, 
utilities, and other support services. 
Notwithstanding any other provision of law, any ap-
propriations or funds available to the Forest Service not 
to exceed $500,000 may be used to reimburse the Office 
of the General Counsel (OGC), Department of Agri-
culture, for travel and related expenses incurred as a re-
507 
sult of OGC assistance or participation requested by the 
Forest Service at meetings, training sessions, management 
reviews, land purchase negotiations and similar non-litiga-
tion related matters. Future budget justifications for both 
the Forest Service and the Department of Agriculture 
should clearly display the sums previously transferred and 
the requested funding transfers. 
DEPARTMENT OF HEALTH AND HUMAN 
SERVICES 
INDIAN HEALTH SERVICE 
INDIAN HEALTH SERVICES 
For expenses necessary to carry out the Act of Au-
gust 5, 1954 (68 Stat. 674), the Indian Self-Determina-
tion Act, the Indian Health Care Improvement Act, and 
titles II and III of the Public Health Service Act with re-
spect to the Indian Health Service, $3,190,956,000, to-
gether with payments received during the fiscal year pur-
suant to 42 U.S.C. 238(b) and 238b for services furnished 
by the Indian Health Service: Provided, That funds made 
available to tribes and tribal organizations through con-
tracts, grant agreements, or any other agreements or com-
pacts authorized by the Indian Self-Determination and 
Education Assistance Act of 1975 (25 U.S.C. 450), shall 
be deemed to be obligated at the time of the grant or con-
tract award and thereafter shall remain available to the
508 
tribe or tribal organization without fiscal year limitation: 
Provided further, That $634,477,000 for contract medical 
care, including $31,000,000 for the Indian Catastrophic 
Health Emergency Fund, shall remain available until ex-
pended: Provided further, That no less than $36,189,000 
is provided for maintaining operations of the urban Indian 
health program: Provided further, That of the funds pro-
vided, up to $32,000,000 shall remain available until ex-
pended for implementation of the loan repayment program 
under section 108 of the Indian Health Care Improvement 
Act: Provided further, That $16,391,000 is provided for 
the methamphetamine and suicide prevention and treat-
ment initiative and $7,500,000 is provided for the domes-
tic violence prevention initiative and, notwithstanding any 
other provision of law, the amounts available under this 
proviso shall be allocated at the discretion of the Director 
of the Indian Health Service and shall remain available 
until expended: Provided further, That funds provided in 
this Act may be used for one-year contracts and grants 
which are to be performed in two fiscal years, so long as 
the total obligation is recorded in the year for which the 
funds are appropriated: Provided further, That the 
amounts collected by the Secretary of Health and Human 
Services under the authority of title IV of the Indian 
Health Care Improvement Act shall remain available until
509 
expended for the purpose of achieving compliance with the 
applicable conditions and requirements of titles XVIII and 
XIX of the Social Security Act (exclusive of planning, de-
sign, or construction of new facilities): Provided further, 
That funding contained herein, and in any earlier appro-
priations Acts for scholarship programs under the Indian 
Health Care Improvement Act (25 U.S.C. 1613) shall re-
main available until expended: Provided further, That 
amounts received by tribes and tribal organizations under 
title IV of the Indian Health Care Improvement Act shall 
be reported and accounted for and available to the receiv-
ing tribes and tribal organizations until expended: Pro-
vided further, That, notwithstanding any other provision 
of law, of the amounts provided herein, not to exceed 
$282,398,000 shall be for payments to tribes and tribal 
organizations for contract or grant support costs associ-
ated with contracts, grants, self-governance compacts, or 
annual funding agreements between the Indian Health 
Service and a tribe or tribal organization pursuant to the 
Indian Self-Determination Act of 1975, as amended, prior 
to or during fiscal year 2009, of which not to exceed 
$5,000,000 may be used for contract support costs associ-
ated with new or expanded self-determination contracts, 
grants, self-governance compacts, or annual funding 
agreements: Provided further, That the Bureau of Indian
510 
Affairs may collect from the Indian Health Service, tribes 
and tribal organizations operating health facilities pursu-
ant to Public Law 93–638, such individually identifiable 
health information relating to disabled children as may be 
necessary for the purpose of carrying out its functions 
under the Individuals with Disabilities Education Act (20 
U.S.C. 1400, et seq.): Provided further, That the Indian 
Health Care Improvement Fund may be used, as needed, 
to carry out activities typically funded under the Indian 
Health Facilities account. 
INDIAN HEALTH FACILITIES 
For construction, repair, maintenance, improvement, 
and equipment of health and related auxiliary facilities, 
including quarters for personnel; preparation of plans, 
specifications, and drawings; acquisition of sites, purchase 
and erection of modular buildings, and purchases of trail-
ers; and for provision of domestic and community sanita-
tion facilities for Indians, as authorized by section 7 of 
the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian 
Self-Determination Act, and the Indian Health Care Im-
provement Act, and for expenses necessary to carry out 
such Acts and titles II and III of the Public Health Serv-
ice Act with respect to environmental health and facilities 
support 
activities 
of 
the 
Indian 
Health 
Service, 
$390,168,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law,
511 
funds appropriated for the planning, design, construction 
or renovation of health facilities for the benefit of an In-
dian tribe or tribes may be used to purchase land for sites 
to construct, improve, or enlarge health or related facili-
ties: Provided further, That not to exceed $500,000 shall 
be used by the Indian Health Service to purchase 
TRANSAM equipment from the Department of Defense 
for distribution to the Indian Health Service and tribal 
facilities: Provided further, That none of the funds appro-
priated to the Indian Health Service may be used for sani-
tation facilities construction for new homes funded with 
grants by the housing programs of the United States De-
partment of Housing and Urban Development: Provided 
further, That not to exceed $2,700,000 from this account 
and the ‘‘Indian Health Services’’ account shall be used 
by the Indian Health Service to obtain ambulances for the 
Indian Health Service and tribal facilities in conjunction 
with an existing interagency agreement between the In-
dian Health Service and the General Services Administra-
tion: Provided further, That not to exceed $500,000 shall 
be placed in a Demolition Fund, available until expended, 
to be used by the Indian Health Service for demolition 
of Federal buildings. 
ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE 
Appropriations in this Act to the Indian Health Serv-
ice shall be available for services as authorized by 5 U.S.C.
512 
3109 but at rates not to exceed the per diem rate equiva-
lent to the maximum rate payable for senior-level positions 
under 5 U.S.C. 5376; hire of passenger motor vehicles and 
aircraft; purchase of medical equipment; purchase of re-
prints; purchase, renovation and erection of modular 
buildings and renovation of existing facilities; payments 
for telephone service in private residences in the field, 
when authorized under regulations approved by the Sec-
retary; and for uniforms or allowances therefor as author-
ized by 5 U.S.C. 5901–5902; and for expenses of attend-
ance at meetings that relate to the functions or activities 
for which the appropriation is made or otherwise con-
tribute to the improved conduct, supervision, or manage-
ment of those functions or activities. 
In accordance with the provisions of the Indian 
Health Care Improvement Act, non-Indian patients may 
be extended health care at all tribally administered or In-
dian Health Service facilities, subject to charges, and the 
proceeds along with funds recovered under the Federal 
Medical Care Recovery Act (42 U.S.C. 2651–2653) shall 
be credited to the account of the facility providing the 
service and shall be available without fiscal year limitation. 
Notwithstanding any other law or regulation, funds trans-
ferred from the Department of Housing and Urban Devel-
opment to the Indian Health Service shall be administered
513 
under Public Law 86–121, the Indian Sanitation Facilities 
Act and Public Law 93–638, as amended. 
Funds appropriated to the Indian Health Service in 
this Act, except those used for administrative and program 
direction purposes, shall not be subject to limitations di-
rected at curtailing Federal travel and transportation. 
None of the funds made available to the Indian 
Health Service in this Act shall be used for any assess-
ments or charges by the Department of Health and 
Human Services unless identified in the budget justifica-
tion and provided in this Act, or approved by the House 
and Senate Committees on Appropriations through the re-
programming process. 
Notwithstanding any other provision of law, funds 
previously or herein made available to a tribe or tribal or-
ganization through a contract, grant, or agreement au-
thorized by title I or title V of the Indian Self-Determina-
tion and Education Assistance Act of 1975 (25 U.S.C. 
450), may be deobligated and reobligated to a self-deter-
mination contract under title I, or a self-governance agree-
ment under title V of such Act and thereafter shall remain 
available to the tribe or tribal organization without fiscal 
year limitation. 
None of the funds made available to the Indian 
Health Service in this Act shall be used to implement the
514 
final rule published in the Federal Register on September 
16, 1987, by the Department of Health and Human Serv-
ices, relating to the eligibility for the health care services 
of the Indian Health Service until the Indian Health Serv-
ice has submitted a budget request reflecting the increased 
costs associated with the proposed final rule, and such re-
quest has been included in an appropriations Act and en-
acted into law. 
With respect to functions transferred by the Indian 
Health Service to tribes or tribal organizations, the Indian 
Health Service is authorized to provide goods and services 
to those entities, on a reimbursable basis, including pay-
ment in advance with subsequent adjustment. The reim-
bursements received therefrom, along with the funds re-
ceived from those entities pursuant to the Indian Self-De-
termination Act, may be credited to the same or subse-
quent appropriation account that provided the funding, 
with such amounts to remain available until expended. 
Reimbursements for training, technical assistance, or 
services provided by the Indian Health Service will contain 
total costs, including direct, administrative, and overhead 
associated with the provision of goods, services, or tech-
nical assistance.
515 
The appropriation structure for the Indian Health 
Service may not be altered without advance notification 
to the House and Senate Committees on Appropriations. 
NATIONAL INSTITUTES OF HEALTH 
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH 
SCIENCES 
For necessary expenses for the National Institute of 
Environmental Health Sciences in carrying out activities 
set forth in section 311(a) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 
1980, as amended, and section 126(g) of the Superfund 
Amendments 
and 
Reauthorization 
Act 
of 
1986, 
$78,074,000. 
AGENCY FOR TOXIC SUBSTANCES AND DISEASE 
REGISTRY 
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC 
HEALTH 
For necessary expenses for the Agency for Toxic Sub-
stances and Disease Registry (ATSDR) in carrying out 
activities set forth in sections 104(i) and 111(c)(4) of the 
Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (CERCLA), as amended; section 
118(f) of the Superfund Amendments and Reauthoriza-
tion Act of 1986 (SARA), as amended; and section 3019 
of 
the 
Solid 
Waste 
Disposal 
Act, 
as 
amended,
516 
$74,039,000, of which up to $1,000 to remain available 
until expended, is for Individual Learning Accounts for 
full-time equivalent employees of the Agency for Toxic 
Substances and Disease Registry: Provided, That notwith-
standing any other provision of law, in lieu of performing 
a health assessment under section 104(i)(6) of CERCLA, 
the Administrator of ATSDR may conduct other appro-
priate health studies, evaluations, or activities, including, 
without limitation, biomedical testing, clinical evaluations, 
medical monitoring, and referral to accredited health care 
providers: Provided further, That in performing any such 
health assessment or health study, evaluation, or activity, 
the Administrator of ATSDR shall not be bound by the 
deadlines in section 104(i)(6)(A) of CERCLA: Provided 
further, That none of the funds appropriated under this 
heading shall be available for ATSDR to issue in excess 
of 40 toxicological profiles pursuant to section 104(i) of 
CERCLA during fiscal year 2009, and existing profiles 
may be updated as necessary. 
OTHER RELATED AGENCIES 
EXECUTIVE OFFICE OF THE PRESIDENT 
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF 
ENVIRONMENTAL QUALITY 
For necessary expenses to continue functions as-
signed to the Council on Environmental Quality and Office
517 
of Environmental Quality pursuant to the National Envi-
ronmental Policy Act of 1969, the Environmental Quality 
Improvement Act of 1970, and Reorganization Plan No. 
1 of 1977, and not to exceed $750 for official reception 
and representation expenses, $2,703,000: Provided, That 
notwithstanding section 202 of the National Environ-
mental Policy Act of 1970, the Council shall consist of 
one member, appointed by the President, by and with the 
advice and consent of the Senate, serving as chairman and 
exercising all powers, functions, and duties of the Council. 
CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses in carrying out activities pur-
suant to section 112(r)(6) of the Clean Air Act, as amend-
ed, including hire of passenger vehicles, uniforms or allow-
ances therefor, as authorized by 5 U.S.C. 5901–5902, and 
for services authorized by 5 U.S.C. 3109 but at rates for 
individuals not to exceed the per diem equivalent to the 
maximum rate payable for senior level positions under 5 
U.S.C. 5376, $10,199,000: Provided, That the Chemical 
Safety and Hazard Investigation Board (Board) shall have 
not more than three career Senior Executive Service posi-
tions: Provided further, That notwithstanding any other 
provision of law, the individual appointed to the position 
of Inspector General of the Environmental Protection
518 
Agency (EPA) shall, by virtue of such appointment, also 
hold the position of Inspector General of the Board: Pro-
vided further, That notwithstanding any other provision 
of law, the Inspector General of the Board shall utilize 
personnel of the Office of Inspector General of EPA in 
performing the duties of the Inspector General of the 
Board, and shall not appoint any individuals to positions 
within the Board: Provided further, That of the funds ap-
propriated under this heading, $300,000 shall be paid to 
the ‘‘Office of Inspector General’’ appropriation of the En-
vironmental Protection Agency. 
OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION 
SALARIES AND EXPENSES 
For necessary expenses of the Office of Navajo and 
Hopi Indian Relocation as authorized by Public Law 93– 
531, $7,530,000, to remain available until expended: Pro-
vided, That funds provided in this or any other appropria-
tions Act are to be used to relocate eligible individuals and 
groups including evictees from District 6, Hopi-partitioned 
lands residents, those in significantly substandard hous-
ing, and all others certified as eligible and not included 
in the preceding categories: Provided further, That none 
of the funds contained in this or any other Act may be 
used by the Office of Navajo and Hopi Indian Relocation 
to evict any single Navajo or Navajo family who, as of
519 
November 30, 1985, was physically domiciled on the lands 
partitioned to the Hopi Tribe unless a new or replacement 
home is provided for such household: Provided further, 
That no relocatee will be provided with more than one new 
or replacement home: Provided further, That the Office 
shall relocate any certified eligible relocatees who have se-
lected and received an approved homesite on the Navajo 
reservation or selected a replacement residence off the 
Navajo reservation or on the land acquired pursuant to 
25 U.S.C. 640d–10. 
INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE 
CULTURE AND ARTS DEVELOPMENT 
PAYMENT TO THE INSTITUTE 
For payment to the Institute of American Indian and 
Alaska Native Culture and Arts Development, as author-
ized by title XV of Public Law 99–498, as amended (20 
U.S.C. 56 part A), $7,900,000. 
SMITHSONIAN INSTITUTION 
SALARIES AND EXPENSES 
For necessary expenses of the Smithsonian Institu-
tion, as authorized by law, including research in the fields 
of art, science, and history; development, preservation, and 
documentation of the National Collections; presentation of 
public exhibits and performances; collection, preparation, 
dissemination, and exchange of information and publica-
520 
tions; conduct of education, training, and museum assist-
ance programs; maintenance, alteration, operation, lease 
(for terms not to exceed 30 years), and protection of build-
ings, facilities, and approaches; not to exceed $100,000 
for services as authorized by 5 U.S.C. 3109; and purchase, 
rental, repair, and cleaning of uniforms for employees, 
$593,400,000, of which not to exceed $19,352,000 for the 
instrumentation program, collections acquisition, exhi-
bition reinstallation, the National Museum of African 
American History and Culture, and the repatriation of 
skeletal remains program shall remain available until ex-
pended; and of which $1,553,000 for fellowships and 
scholarly awards shall remain available until September 
30, 2010; and including such funds as may be necessary 
to support American overseas research centers: Provided, 
That funds appropriated herein are available for advance 
payments to independent contractors performing research 
services or participating in official Smithsonian presen-
tations. 
FACILITIES CAPITAL 
For necessary expenses of repair, revitalization, and 
alteration of facilities owned or occupied by the Smithso-
nian Institution, by contract or otherwise, as authorized 
by section 2 of the Act of August 22, 1949 (63 Stat. 623), 
and for construction, including necessary personnel,
521 
$123,000,000, to remain available until expended, of 
which not to exceed $10,000 is for services as authorized 
by 5 U.S.C. 3109. 
LEGACY FUND 
For major restoration, renovation, and rehabilitation 
of existing Smithsonian facilities, $15,000,000, to remain 
available until expended: Provided, That such funds may 
be made available in incremental amounts for individual 
projects after being matched by an equal amount in pri-
vate donations, which shall not include in-kind contribu-
tions: Provided further, That none of the funds made avail-
able under this heading, or any required matching funds, 
shall be used for day-to-day maintenance, general salaries 
and expenses, or programmatic purposes: Provided further, 
That the total amount of private contributions may be ad-
justed to reflect any provision in this or any other appro-
priations Act that affects the overall amount of the Fed-
eral appropriation for this Fund. 
NATIONAL GALLERY OF ART 
SALARIES AND EXPENSES 
For the upkeep and operations of the National Gal-
lery of Art, the protection and care of the works of art 
therein, and administrative expenses incident thereto, as 
authorized by the Act of March 24, 1937 (50 Stat. 51), 
as amended by the public resolution of April 13, 1939 
(Public Resolution 9, Seventy-sixth Congress), including
522 
services as authorized by 5 U.S.C. 3109; payment in ad-
vance when authorized by the treasurer of the Gallery for 
membership in library, museum, and art associations or 
societies whose publications or services are available to 
members only, or to members at a price lower than to the 
general public; purchase, repair, and cleaning of uniforms 
for guards, and uniforms, or allowances therefor, for other 
employees as authorized by law (5 U.S.C. 5901–5902); 
purchase or rental of devices and services for protecting 
buildings and contents thereof, and maintenance, alter-
ation, improvement, and repair of buildings, approaches, 
and grounds; and purchase of services for restoration and 
repair of works of art for the National Gallery of Art by 
contracts made, without advertising, with individuals, 
firms, or organizations at such rates or prices and under 
such terms and conditions as the Gallery may deem prop-
er, $105,388,000, of which not to exceed $3,350,000 for 
the special exhibition program shall remain available until 
expended. 
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS 
For necessary expenses of repair, restoration and 
renovation of buildings, grounds and facilities owned or 
occupied by the National Gallery of Art, by contract or 
otherwise, as authorized, $17,368,000, to remain available 
until expended: Provided, That contracts awarded for envi-
ronmental systems, protection systems, and exterior repair
523 
or renovation of buildings of the National Gallery of Art 
may be negotiated with selected contractors and awarded 
on the basis of contractor qualifications as well as price. 
JOHN F. KENNEDY CENTER FOR THE PERFORMING 
ARTS 
OPERATIONS AND MAINTENANCE 
For necessary expenses for the operation, mainte-
nance and security of the John F. Kennedy Center for 
the Performing Arts, $21,300,000. 
CAPITAL REPAIR AND RESTORATION 
For necessary expenses for capital repair and restora-
tion of the existing features of the building and site of 
the John F. Kennedy Center for the Performing Arts, 
$15,064,000, to remain available until expended. 
WOODROW WILSON INTERNATIONAL CENTER FOR 
SCHOLARS 
SALARIES AND EXPENSES 
For expenses necessary in carrying out the provisions 
of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 
1356) including hire of passenger vehicles and services as 
authorized by 5 U.S.C. 3109, $10,000,000.
524 
NATIONAL FOUNDATION ON THE ARTS AND THE 
HUMANITIES 
NATIONAL ENDOWMENT FOR THE ARTS 
GRANTS AND ADMINISTRATION 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses to carry out the National 
Foundation on the Arts and the Humanities Act of 1965, 
as amended, $155,000,000 shall be available to the Na-
tional Endowment for the Arts for the support of projects 
and productions in the arts, including arts education and 
public outreach activities, through assistance to organiza-
tions and individuals pursuant to section 5 of the Act, for 
program support, and for administering the functions of 
the Act, to remain available until expended: Provided, 
That funds appropriated herein shall be expended in ac-
cordance with sections 309 and 311 of Public Law 108– 
447: Provided further, That hereinafter funds previously 
appropriated to the National Endowment for the Arts 
‘‘Challenge America’’ account may be transferred to and 
merged with this account. 
NATIONAL ENDOWMENT FOR THE HUMANITIES 
GRANTS AND ADMINISTRATION 
For necessary expenses to carry out the National 
Foundation on the Arts and the Humanities Act of 1965, 
as amended, $155,000,000, to remain available until ex-
pended, of which $140,700,000 shall be available for sup-
525 
port of activities in the humanities, pursuant to section 
7(c) of the Act and for administering the functions of the 
Act; and $14,300,000 shall be available to carry out the 
matching grants program pursuant to section 10(a)(2) of 
the Act including $9,300,000 for the purposes of section 
7(h): Provided, That appropriations for carrying out sec-
tion 10(a)(2) shall be available for obligation only in such 
amounts as may be equal to the total amounts of gifts, 
bequests, and devises of money, and other property accept-
ed by the chairman or by grantees of the Endowment 
under the provisions of subsections 11(a)(2)(B) and 
11(a)(3)(B) during the current and preceding fiscal years 
for which equal amounts have not previously been appro-
priated. 
ADMINISTRATIVE PROVISION 
None of the funds appropriated to the National 
Foundation on the Arts and the Humanities may be used 
to process any grant or contract documents which do not 
include the text of 18 U.S.C. 1913: Provided, That none 
of the funds appropriated to the National Foundation on 
the Arts and the Humanities may be used for official re-
ception and representation expenses: Provided further, 
That funds from nonappropriated sources may be used as 
necessary for official reception and representation ex-
penses: Provided further, That the Chairperson of the Na-
tional Endowment for the Arts may approve grants of up
526 
to $10,000, if in the aggregate this amount does not ex-
ceed 5 percent of the sums appropriated for grant-making 
purposes per year: Provided further, That such small grant 
actions are taken pursuant to the terms of an expressed 
and direct delegation of authority from the National Coun-
cil on the Arts to the Chairperson. 
COMMISSION OF FINE ARTS 
SALARIES AND EXPENSES 
For expenses made necessary by the Act establishing 
a Commission of Fine Arts (40 U.S.C. 104), $2,234,000: 
Provided, That the Commission is authorized to charge 
fees to cover the full costs of its publications, and such 
fees shall be credited to this account as an offsetting col-
lection, to remain available until expended without further 
appropriation. 
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS 
For necessary expenses as authorized by Public Law 
99–190 (20 U.S.C. 956a), as amended, $9,500,000: Pro-
vided, That no organization shall receive a grant in excess 
of $650,000 in a single year. 
ADVISORY COUNCIL ON HISTORIC PRESERVATION 
SALARIES AND EXPENSES 
For necessary expenses of the Advisory Council on 
Historic Preservation (Public Law 89–665, as amended), 
$5,498,000: Provided, That none of these funds shall be
527 
available for compensation of level V of the Executive 
Schedule or higher positions. 
NATIONAL CAPITAL PLANNING COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses, as authorized by the Na-
tional Capital Planning Act of 1952 (40 U.S.C. 71–71i), 
including services as authorized by 5 U.S.C. 3109, 
$8,328,000: Provided, That one-quarter of 1 percent of 
the funds provided under this heading may be used for 
official reception and representational expenses associated 
with hosting international visitors engaged in the planning 
and physical development of world capitals. 
UNITED STATES HOLOCAUST MEMORIAL MUSEUM 
HOLOCAUST MEMORIAL MUSEUM 
For expenses of the Holocaust Memorial Museum, as 
authorized by Public Law 106–292 (36 U.S.C. 2301– 
2310), $47,260,000, of which $515,000 for the Museum’s 
equipment replacement program, $1,900,000 for the mu-
seum’s repair and rehabilitation program and $1,264,000 
for the museum’s exhibition design and production pro-
gram shall remain available until expended. 
PRESIDIO TRUST 
PRESIDIO TRUST FUND 
For necessary expenses to carry out title I of the Om-
nibus Parks and Public Lands Management Act of 1996,
528 
$17,450,000 shall be available to the Presidio Trust, to 
remain available until expended. 
DWIGHT D. EISENHOWER MEMORIAL COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses, including the costs of con-
struction design, of the Dwight D. Eisenhower Memorial 
Commission, $2,000,000, to remain available until ex-
pended. 
TITLE IV 
GENERAL PROVISIONS 
(INCLUDING TRANSFERS OF FUNDS) 
SEC. 401. The expenditure of any appropriation 
under this Act for any consulting service through procure-
ment contract, pursuant to 5 U.S.C. 3109, shall be limited 
to those contracts where such expenditures are a matter 
of public record and available for public inspection, except 
where otherwise provided under existing law, or under ex-
isting Executive Order issued pursuant to existing law. 
SEC. 402. No part of any appropriation contained in 
this Act shall be available for any activity or the publica-
tion or distribution of literature that in any way tends to 
promote public support or opposition to any legislative 
proposal on which Congressional action is not complete 
other than to communicate to Members of Congress as 
described in 18 U.S.C. 1913.
529 
SEC. 403. No part of any appropriation contained in 
this Act shall remain available for obligation beyond the 
current fiscal year unless expressly so provided herein. 
SEC. 404. None of the funds provided in this Act to 
any department or agency shall be obligated or expended 
to provide a personal cook, chauffeur, or other personal 
servants to any officer or employee of such department 
or agency except as otherwise provided by law. 
SEC. 405. Estimated overhead charges, deductions, 
reserves or holdbacks from programs, projects, activities 
and subactivities to support government-wide, depart-
mental, agency or bureau administrative functions or 
headquarters, regional or central operations shall be pre-
sented in annual budget justifications and subject to ap-
proval by the Committees on Appropriations. Changes to 
such estimates shall be presented to the Committees on 
Appropriations for approval. 
SEC. 406. None of the funds made available in this 
Act may be transferred to any department, agency, or in-
strumentality of the United States Government except 
pursuant to a transfer made by, or transfer provided in, 
this Act or any other Act. 
SEC. 407. None of the funds in this Act may be used 
to plan, prepare, or offer for sale timber from trees classi-
fied as giant sequoia (Sequoiadendron giganteum) which
530 
are located on National Forest System or Bureau of Land 
Management lands in a manner different than such sales 
were conducted in fiscal year 2006. 
SEC. 408. (a) LIMITATION OF FUNDS.—None of the 
funds appropriated or otherwise made available pursuant 
to this Act shall be obligated or expended to accept or 
process applications for a patent for any mining or mill 
site claim located under the general mining laws. 
(b) EXCEPTIONS.—The provisions of subsection (a) 
shall not apply if the Secretary of the Interior determines 
that, for the claim concerned: (1) a patent application was 
filed with the Secretary on or before September 30, 1994; 
and (2) all requirements established under sections 2325 
and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) 
for vein or lode claims and sections 2329, 2330, 2331, 
and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 
37) for placer claims, and section 2337 of the Revised 
Statutes (30 U.S.C. 42) for mill site claims, as the case 
may be, were fully complied with by the applicant by that 
date. 
(c) REPORT.—On September 30, 2009, the Secretary 
of the Interior shall file with the House and Senate Com-
mittees on Appropriations and the Committee on Natural 
Resources of the House of Representatives and the Com-
mittee on Energy and Natural Resources of the Senate
531 
a report on actions taken by the Department under the 
plan submitted pursuant to section 314(c) of the Depart-
ment of the Interior and Related Agencies Appropriations 
Act, 1997 (Public Law 104–208). 
(d) MINERAL EXAMINATIONS.—In order to process 
patent applications in a timely and responsible manner, 
upon the request of a patent applicant, the Secretary of 
the Interior shall allow the applicant to fund a qualified 
third-party contractor to be selected by the Bureau of 
Land Management to conduct a mineral examination of 
the mining claims or mill sites contained in a patent appli-
cation as set forth in subsection (b). The Bureau of Land 
Management shall have the sole responsibility to choose 
and pay the third-party contractor in accordance with the 
standard procedures employed by the Bureau of Land 
Management in the retention of third-party contractors. 
SEC. 409. Notwithstanding any other provision of 
law, amounts appropriated to or otherwise designated in 
committee reports for the Bureau of Indian Affairs and 
the Indian Health Service by Public Laws 103–138, 103– 
332, 104–134, 104–208, 105–83, 105–277, 106–113, 
106–291, 107–63, 108–7, 108–108, 108–447, 109–54, 
109–289, division B and Continuing Appropriations Reso-
lution, 2007 (division B of Public Law 109–289, as 
amended by Public Laws 110–5 and 110–28), and Public
532 
Law 110–161 for payments for contract support costs as-
sociated with self-determination or self-governance con-
tracts, grants, compacts, or annual funding agreements 
with the Bureau of Indian Affairs or the Indian Health 
Service as funded by such Acts, are the total amounts 
available for fiscal years 1994 through 2008 for such pur-
poses, except that for the Bureau of Indian Affairs, tribes 
and tribal organizations may use their tribal priority allo-
cations for unmet contract support costs of ongoing con-
tracts, grants, self-governance compacts, or annual fund-
ing agreements. 
SEC. 410. Prior to October 1, 2009, the Secretary 
of Agriculture shall not be considered to be in violation 
of subparagraph 6(f)(5)(A) of the Forest and Rangeland 
Renewable Resources Planning Act of 1974 (16 U.S.C. 
1604(f)(5)(A)) solely because more than 15 years have 
passed without revision of the plan for a unit of the Na-
tional Forest System. Nothing in this section exempts the 
Secretary from any other requirement of the Forest and 
Rangeland Renewable Resources Planning Act (16 U.S.C. 
1600 et seq.) or any other law: Provided, That if the Sec-
retary is not acting expeditiously and in good faith, within 
the funding available, to revise a plan for a unit of the 
National Forest System, this section shall be void with re-
533 
spect to such plan and a court of proper jurisdiction may 
order completion of the plan on an accelerated basis. 
SEC. 411. No funds provided in this Act may be ex-
pended to conduct preleasing, leasing and related activities 
under either the Mineral Leasing Act (30 U.S.C. 181 et 
seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 
1331 et seq.) within the boundaries of a National Monu-
ment established pursuant to the Act of June 8, 1906 (16 
U.S.C. 431 et seq.) as such boundary existed on January 
20, 2001, except where such activities are allowed under 
the Presidential proclamation establishing such monu-
ment. 
SEC. 412. In entering into agreements with foreign 
countries pursuant to the Wildfire Suppression Assistance 
Act (42 U.S.C. 1856m) the Secretary of Agriculture and 
the Secretary of the Interior are authorized to enter into 
reciprocal agreements in which the individuals furnished 
under said agreements to provide wildfire services are con-
sidered, for purposes of tort liability, employees of the 
country receiving said services when the individuals are 
engaged in fire suppression: Provided, That the Secretary 
of Agriculture or the Secretary of the Interior shall not 
enter into any agreement under this provision unless the 
foreign country (either directly or through its fire organi-
zation) agrees to assume any and all liability for the acts
534 
or omissions of American firefighters engaged in fire-
fighting in a foreign country: Provided further, That when 
an agreement is reached for furnishing fire fighting serv-
ices, the only remedies for acts or omissions committed 
while fighting fires shall be those provided under the laws 
of the host country, and those remedies shall be the exclu-
sive remedies for any claim arising out of fighting fires 
in a foreign country: Provided further, That neither the 
sending country nor any legal organization associated with 
the firefighter shall be subject to any legal action whatso-
ever pertaining to or arising out of the firefighter’s role 
in fire suppression. 
SEC. 413. In awarding a Federal contract with funds 
made available by this Act, notwithstanding Federal Gov-
ernment procurement and contracting laws, the Secretary 
of Agriculture and the Secretary of the Interior (the ‘‘Sec-
retaries’’) may, in evaluating bids and proposals, give con-
sideration to local contractors who are from, and who pro-
vide employment and training for, dislocated and displaced 
workers in an economically disadvantaged rural commu-
nity, including those historically timber-dependent areas 
that have been affected by reduced timber harvesting on 
Federal lands and other forest-dependent rural commu-
nities isolated from significant alternative employment op-
portunities: Provided, That notwithstanding Federal Gov-
535 
ernment procurement and contracting laws the Secretaries 
may award contracts, grants or cooperative agreements to 
local non-profit entities, Youth Conservation Corps or re-
lated partnerships with State, local or non-profit youth 
groups, or small or micro-business or disadvantaged busi-
ness: Provided further, That the contract, grant, or cooper-
ative agreement is for forest hazardous fuels reduction, 
watershed or water quality monitoring or restoration, wild-
life or fish population monitoring, or habitat restoration 
or management: Provided further, That the terms ‘‘rural 
community’’ and ‘‘economically disadvantaged’’ shall have 
the same meanings as in section 2374 of Public Law 101– 
624: Provided further, That the Secretaries shall develop 
guidance to implement this section: Provided further, That 
nothing in this section shall be construed as relieving the 
Secretaries of any duty under applicable procurement 
laws, except as provided in this section. 
SEC. 414. None of the funds made available by this 
or any other Act may be used in fiscal year 2009 for com-
petitive sourcing studies and any related activities involv-
ing Forest Service personnel. 
SEC. 415. Unless otherwise provided herein, no funds 
appropriated in this Act for the acquisition of lands or 
interests in lands may be expended for the filing of dec-
larations of taking or complaints in condemnation without
536 
the approval of the House and Senate Committees on Ap-
propriations: Provided, That this provision shall not apply 
to funds appropriated to implement the Everglades Na-
tional Park Protection and Expansion Act of 1989, or to 
funds appropriated for Federal assistance to the State of 
Florida to acquire lands for Everglades restoration pur-
poses. 
SEC. 416. None of the funds made available under 
this Act may be used to promulgate or implement the En-
vironmental Protection Agency proposed regulations pub-
lished in the Federal Register on January 3, 2007 (72 
Fed. Reg. 69). 
SEC. 417. Section 337(a) of the Department of the 
Interior and Related Agencies Appropriations Act, 2005 
(Public Law 108–447; 118 Stat. 3012) is amended by 
striking ‘‘September 30, 2006’’ and inserting ‘‘September 
30, 2010’’. 
SEC. 418. Section 330 of Public Law 106–291 con-
cerning Service First authorities (114 Stat. 996), as 
amended by section 428 of Public Law 109–54 (119 Stat. 
555–556), is further amended by striking ‘‘2008’’ and in-
serting in lieu thereof ‘‘2011’’. 
SEC. 419. Section 422 of title IV of division F of 
Public Law 110–161 is amended by inserting after ‘‘fiscal
537 
year 2007’’ the following: ‘‘and subsequent fiscal years 
through fiscal year 2014’’. 
SEC. 420. In addition to the amounts otherwise pro-
vided to the Environmental Protection Agency in this Act, 
$8,000,000, to remain available until expended, is pro-
vided to EPA to be transferred to the Department of the 
Navy for clean-up activities at the Treasure Island Naval 
Station—Hunters Point Annex. 
SEC. 421. The boundaries of the Tongass National 
Forest in the State of Alaska are modified to include the 
approximately 1,043.38 acres of land acquired by the 
United States from the Alaska Mental Health Trust Au-
thority, which is more particularly described as lots 1-B 
and 1-C, Mt. Verstovia-Gavan Hill Subdivision of U.S. 
Survey No. 3858 and U.S. Survey No. 3849. 
SEC. 422. Title V of the Forest Service Realignment 
and Enhancement Act, 2005, Public Law 109–54, 119 
Stat. 559–563; 16 U.S.C. 580d note, is amended as fol-
lows: 
(1) In section 503, subsection (f) by striking 
‘‘2008’’ and inserting in lieu thereof ‘‘2011’’ and; 
(2) In section 504— 
(A) in subsection (a)(3) by striking in 
whole, and inserting in lieu thereof ‘‘TERMS, 
CONDITIONS, AND
RESERVATIONS.—The con-
538 
veyance of an administrative site under this 
title shall be subject to such terms, conditions, 
and reservations as the Secretary determines to 
be necessary to protect the public interest’’; 
(B) in subsection (d)(1) by striking ‘‘Sub-
chapter I of chapter 5’’, and inserting in lieu 
thereof ‘‘Chapter 5 of subtitle I’’; and 
(C) in subsection (d)(4)(B) by striking in 
whole, and inserting in lieu thereof ‘‘determine 
whether to include terms, conditions, and res-
ervations under subsection (a)(3); and’’. 
Sec. 423. LAKE TAHOE BASIN HAZARDOUS FUEL 
REDUCTION PROJECTS. (a) Hereafter, subject to sub-
section (b), a proposal to authorize a hazardous fuel re-
duction project, not to exceed 5,000 acres, including no 
more than 1,500 acres of mechanical thinning, on the 
Lake Tahoe Basin Management Unit may be categorically 
excluded from documentation in an environmental impact 
statement or an environmental assessment under the Na-
tional Environmental Policy Act of 1969 (NEPA) (42 
U.S.C. 4321 et seq.) if the project: 
(1) is consistent with the Lake Tahoe Basin 
Multi-Jurisdictional Fuel Reduction and Wildfire 
Prevention Strategy published in December 2007 
and any subsequent revisions to the Strategy;
539 
(2) is not conducted in any wilderness areas; 
and 
(3) does not involve any new permanent roads. 
(b) A proposal that is categorically excluded under 
this section shall be subject to— 
(1) the extraordinary circumstances procedures 
established by the Forest Service pursuant to section 
1508.4 of title 40, Code of Federal Regulations; and 
(2) an opportunity for public input. 
SEC. 424. Not later than June 30, 2009, the Admin-
istrator of the Environmental Protection Agency shall re-
consider, and confirm or reverse, the decision to deny the 
request of the State of California to regulate greenhouse 
gas emissions from new motor vehicles. 
SEC. 425. TOXICS RELEASE INVENTORY REPORTING. 
Notwithstanding any other provision of law— 
(1) none of the funds made available by this or 
any other Act may, hereafter, be used to implement 
the final rule promulgated by the Administrator of 
the 
Environmental 
Protection 
Agency 
entitled 
‘‘Toxics Release Inventory Burden Reduction Final 
Rule’’ (71 Fed. Reg. 76932); and 
(2) the final rule described in paragraph (1) 
shall have no force or effect. The affected regulatory 
text shall revert to what it was before the final rule
540 
described in paragraph (1) became effective, until 
any future action taken by the Administrator. 
SEC. 426. Section 325 of Public Law 108–108 is 
amended by striking ‘‘fiscal years 2004–2008’’ and insert-
ing ‘‘fiscal year 2009.’’ 
SEC. 427. The Secretary of Agriculture and the Sec-
retary of the Interior shall execute an agreement that 
transfers management and oversight including transfer of 
function for the workforce, of the Centennial, Collbran, 
Columbia Basin, Fort Simcoe, Treasure Lake, and Weber 
Basin Job Corps Centers to the Forest Service. These Job 
Corps centers shall continue to be administered as de-
scribed in section 147(c) of Public Law 105–220, Work-
force Investment Act of 1998. 
SEC. 428. Section 434 of division F of Public Law 
110–161 is amended by striking paragraph (3) and insert-
ing a new paragraph (3) as follows: 
‘‘(3) By adding at the end the following: 
‘‘ ‘(m) Section 106 of Public Law 108–148 shall 
apply to all projects authorized by this Act. Sections 104 
and 105 of Public Law 108–148 may be applied to 
projects authorized by this Act.’. ’’. 
SEC. 429. (a) During the 60-day period beginning on 
the date of the enactment of this Act—
541 
(1) the Secretary of the Interior and the Sec-
retary of Commerce may withdraw or reissue the 
rule described in subsection (c)(1) without regard to 
any provision of statute or regulation that estab-
lishes a requirement for such withdrawal; and 
(2) the Secretary of the Interior may withdraw 
or reissue the rule referred to in subsection (c)(2) 
without regard to any provision of statute or regula-
tion that establishes a requirement for such with-
drawal. 
(b) If the Secretary of the Interior or the Secretary 
of Commerce (or both) withdraws a rule under subsection 
(a), such Secretary shall implement the provisions of law 
under which the rule was issued in accordance with the 
regulations in effect under such provisions immediately be-
fore the effective date of such rule, except as otherwise 
provided by any Act or rule that takes effect after the ef-
fective date of the rule that is withdrawn. 
(c) The rules referred to in subsection (a) are the 
following: 
(1) The final rule relating to ‘‘Interagency Co-
operation under the Endangered Species Act’’, 
issued by the United States Fish and Wildlife Serv-
ice and the National Marine Fisheries Service and 
signed November 26, 2008, by the Assistant Sec-
542 
retary of Fish and Wildlife and Parks of the Depart-
ment of the Interior and the Deputy Assistant Ad-
ministrator for the Regulatory Programs of the Na-
tional Marine Fisheries Service. 
(2) The final rule relating to ‘‘Endangered and 
Threatened Wildlife and Plants; Special Rule for the 
Polar Bear’’, issued by the Assistant Secretary of 
Fish and Wildlife and Parks of the Department of 
the Interior on December 10, 2008. 
SEC. 430. Within the amounts appropriated in this 
division, funding shall be allocated in the amounts speci-
fied for those projects and purposes delineated in the table 
titled ‘‘Congressionally Directed Spending’’ included in the 
explanatory statement accompanying this Act (as de-
scribed in section 4, in the matter preceding division A 
of this consolidated Act). 
This division may be cited as the ‘‘Department of the 
Interior, Environment, and Related Agencies Appropria-
tions Act, 2009’’.
543 
DIVISION 
F—DEPARTMENTS 
OF 
LABOR, 
HEALTH AND HUMAN SERVICES, AND EDU-
CATION, AND RELATED AGENCIES APPRO-
PRIATIONS ACT, 2009 
TITLE I 
DEPARTMENT OF LABOR 
EMPLOYMENT AND TRAINING ADMINISTRATION 
TRAINING AND EMPLOYMENT SERVICES 
For necessary expenses of the Workforce Investment 
Act of 1998 (‘‘WIA’’), the Denali Commission Act of 
1998, and the Women in Apprenticeship and Non-Tradi-
tional Occupations Act of 1992, including the purchase 
and hire of passenger motor vehicles, the construction, al-
teration, and repair of buildings and other facilities, and 
the purchase of real property for training centers as au-
thorized by the WIA; $3,626,448,000, plus reimburse-
ments, shall be available. Of the amounts provided: 
(1) for grants to States for adult employment 
and training activities, youth activities, and dis-
located worker employment and training activities, 
$2,969,449,000 as follows: 
(A) $861,540,000 for adult employment 
and training activities, of which $149,540,000 
shall be available for the period July 1, 2009, 
through 
June 
30, 
2010, 
and 
of 
which
544 
$712,000,000 shall be available for the period 
October 1, 2009 through June 30, 2010; 
(B) $924,069,000 for youth activities, 
which shall be available for the period April 1, 
2009 through June 30, 2010; and 
(C) $1,183,840,000 for dislocated worker 
employment and training activities, of which 
$335,840,000 shall be available for the period 
July 1, 2009 through June 30, 2010, and of 
which $848,000,000 shall be available for the 
period October 1, 2009 through June 30, 2010: 
Provided, That notwithstanding the transfer limita-
tion under section 133(b)(4) of the WIA, up to 30 
percent of such funds may be transferred by a local 
board if approved by the Governor; 
(2) 
for 
federally 
administered 
programs, 
$489,429,000 as follows: 
(A) $283,051,000 for the dislocated work-
ers assistance national reserve, of which 
$71,051,000 shall be available for the period 
July 1, 2009 through June 30, 2010, and of 
which $212,000,000 shall be available for the 
period October 1, 2009 through June 30, 2010: 
Provided, That up to $125,000,000 may be 
made available for Community-Based Job
545 
Training grants from funds reserved under sec-
tion 132(a)(2)(A) of the WIA and shall be used 
to carry out such grants under section 171(d) 
of such Act, except that the 10 percent limita-
tion otherwise applicable to the amount of 
funds that may be used to carry out section 
171(d) shall not be applicable to funds used for 
Community-Based Job Training grants: Pro-
vided further, That funds provided to carry out 
section 132(a)(2)(A) of the WIA may be used 
to provide assistance to a State for State-wide 
or local use in order to address cases where 
there have been worker dislocations across mul-
tiple sectors or across multiple local areas and 
such workers remain dislocated; coordinate the 
State workforce development plan with emerg-
ing economic development needs; and train such 
eligible dislocated workers: Provided further, 
That funds provided to carry out section 171(d) 
of the WIA may be used for demonstration 
projects that provide assistance to new entrants 
in the workforce and incumbent workers; 
(B) $52,758,000 for Native American pro-
grams, which shall be available for the period 
July 1, 2009 through June 30, 2010;
546 
(C) $82,620,000 for migrant and seasonal 
farmworker programs under section 167 of the 
WIA, including $76,710,000 for formula grants 
(of which not less that 70 percent shall be for 
employment and training services), $5,400,000 
for migrant and seasonal housing (of which not 
less than 70 percent shall be for permanent 
housing), and $510,000 for other discretionary 
purposes, which shall be available for the period 
July 1, 2009 through June 30, 2010: Provided, 
That notwithstanding any other provision of 
law or related regulation, the Department of 
Labor shall take no action limiting the number 
or proportion of eligible participants receiving 
related assistance services or discouraging 
grantees from providing such services; 
(D) $1,000,000 for carrying out the 
Women in Apprenticeship and Nontraditional 
Occupations Act, which shall be available for 
the period July 1, 2009 through June 30, 
2010; and 
(E) $70,000,000 for YouthBuild activities 
as described in section 173A of the WIA, which 
shall be available for the period April 1, 2009 
through June 30, 2010: Provided, That for pro-
547 
gram years 2008 and 2009, the YouthBuild 
program may serve an individual who has 
dropped out of high school and re-enrolled in an 
alternative school, if that re-enrollment is part 
of a sequential service strategy; 
(3) for national activities, $167,570,000, as fol-
lows: 
(A) $48,781,000 for Pilots, Demonstra-
tions, and Research, which shall be available for 
the period April 1, 2009 through June 30, 
2010, of which $5,000,000 shall be for competi-
tive grants to address the employment and 
training needs of young parents (notwith-
standing 
the 
requirements 
of 
section 
171(b)(2)(B) or 171(c)(4)(D) of the WIA), and 
of which $41,324,000 shall be used for the 
projects, and in the amounts, specified under 
the heading ‘‘Training and Employment Serv-
ices’’ in the explanatory statement described in 
section 4 (in the matter preceding division A of 
this consolidated Act): Provided, That funding 
provided to carry out such projects shall not be 
subject 
to 
the 
requirements 
of 
sections 
171(b)(2)(B) and 171(c)(4)(D) of the WIA, the 
joint 
funding 
requirements 
of 
sections
548 
171(b)(2)(A) and 171(c)(4)(A) of the WIA, or 
any 
time 
limit 
requirements 
of 
sections 
171(b)(2)(C) and 171(c)(4)(B) of the WIA; 
(B) $108,493,000 for ex-offender activi-
ties, under the authority of section 171 of the 
WIA, which shall be available for the period 
April 1, 2009 through June 30, 2010, notwith-
standing 
the 
requirements 
of 
section 
171(b)(2)(B) or 171(c)(4)(D): Provided, That 
not less than $88,500,000 shall be for youthful 
offender activities, of which $35,000,000 shall 
be for a program of competitive grants to local 
educational agencies or community-based orga-
nizations to develop and implement mentoring 
strategies that integrate educational and em-
ployment interventions designed to prevent 
youth violence in schools identified as persist-
ently dangerous under section 9532 of the Ele-
mentary and Secondary Education Act; 
(C) $6,918,000 for Evaluation, which shall 
be available for the period July 1, 2009 through 
June 30, 2010; and 
(D) $3,378,000 for the Denali Commis-
sion, which shall be available for the period 
July 1, 2009 through June 30, 2010.
549 
COMMUNITY SERVICE EMPLOYMENT FOR OLDER 
AMERICANS 
To carry out title V of the Older Americans Act of 
1965, $571,925,000, which shall be available for the pe-
riod July 1, 2009 through June 30, 2010: Provided, That 
funds made available under this heading in this Act may, 
in accordance with section 517(c) of the Older Americans 
Act of 1965, be recaptured and reobligated. 
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES 
For payments during fiscal year 2009 of trade ad-
justment benefit payments and allowances under part I 
of subchapter B of chapter 2 of title II of the Trade Act 
of 1974, and section 246 of that Act; and for training, 
employment and case management services, allowances for 
job search and relocation, and related State administrative 
expenses under part II of subchapter B of chapter 2 of 
title II of the Trade Act of 1974, $958,800,000, together 
with such amounts as may be necessary to be charged to 
the subsequent appropriation for payments for any period 
subsequent to September 15, 2009. 
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT 
SERVICE OPERATIONS 
For 
authorized 
administrative 
expenses, 
$91,698,000, together with not to exceed $3,563,167,000 
which may be expended from the Employment Security
552 
for grants to States for the administration of such 
activities; 
(6) $51,720,000 from the General Fund is to 
provide workforce information, national electronic 
tools, and one-stop system building under the Wag-
ner-Peyser Act and section 171 (e)(2)(C) of the 
Workforce Investment Act of 1998 and shall be 
available for Federal obligation for the period July 
1, 2009 through June 30, 2010; and 
(7) $17,295,000 from the General Fund is to 
provide for work incentive grants to the States and 
shall be available for the period July 1, 2009 
through June 30, 2010: 
Provided, That to the extent that the Average Weekly In-
sured Unemployment (‘‘AWIU’’) for fiscal year 2009 is 
projected by the Department of Labor to exceed 
3,487,000, an additional $28,600,000 from the Trust 
Fund shall be available for obligation for every 100,000 
increase in the AWIU level (including a pro rata amount 
for any increment less than 100,000) to carry out title 
III of the Social Security Act: Provided further, That 
funds appropriated in this Act that are allotted to a State 
to carry out activities under title III of the Social Security 
Act may be used by such State to assist other States in 
carrying out activities under such title III if the other
553 
States include areas that have suffered a major disaster 
declared by the President under the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act: Provided 
further, That the Secretary of Labor may use funds appro-
priated for grants to States under title III of the Social 
Security Act to make payments on behalf of States for 
the use of the National Directory of New Hires under sec-
tion 453(j)(8) of such Act: Provided further, That funds 
appropriated in this Act which are used to establish a na-
tional one-stop career center system, or which are used 
to support the national activities of the Federal-State un-
employment insurance or immigration programs, may be 
obligated in contracts, grants, or agreements with non- 
State entities: Provided further, That funds appropriated 
under this Act for activities authorized under title III of 
the Social Security Act and the Wagner-Peyser Act may 
be used by States to fund integrated Unemployment In-
surance and Employment Service automation efforts, not-
withstanding cost allocation principles prescribed under 
the Office of Management and Budget Circular A–87: 
Provided further, That the Secretary, at the request of a 
State participating in a consortium with other States, may 
reallot funds allotted to such State under title III of the 
Social Security Act to other States participating in the 
consortium in order to carry out activities that benefit the
554 
administration of the unemployment compensation law of 
the State making the request. 
In addition, $40,000,000 from the Employment Se-
curity Administration Account of the Unemployment 
Trust Fund shall be available to conduct in-person reem-
ployment and eligibility assessments and unemployment 
insurance improper payment reviews: Provided, That not 
later than June 30, 2010, the Secretary shall submit an 
interim report to the Congress that includes available in-
formation on expenditures, number of individuals as-
sessed, and outcomes from the assessments: Provided fur-
ther, That not later than June 30, 2011, the Secretary 
of Labor shall submit to the Congress a final report con-
taining comprehensive information on the estimated sav-
ings that result from the assessments of claimants and 
identification of best practices. 
ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND 
OTHER FUNDS 
For repayable advances to the Unemployment Trust 
Fund as authorized by sections 905(d) and 1203 of the 
Social Security Act, and to the Black Lung Disability 
Trust Fund as authorized by section 9501(c)(1) of the In-
ternal Revenue Code of 1954; and for nonrepayable ad-
vances to the Unemployment Trust Fund as authorized 
by 5 U.S.C. 8509, and to the ‘‘Federal unemployment ben-
555 
efits and allowances’’ account, to remain available through 
September 30, 2010, $422,000,000. 
In addition, for making repayable advances to the 
Black Lung Disability Trust Fund in the current fiscal 
year after September 15, 2009, for costs incurred by the 
Black Lung Disability Trust Fund in the current fiscal 
year, such sums as may be necessary. 
PROGRAM ADMINISTRATION 
For expenses of administering employment and train-
ing programs, $85,323,000, together with not to exceed 
$45,140,000, which may be expended from the Employ-
ment Security Administration Account in the Unemploy-
ment Trust Fund. 
EMPLOYEE BENEFITS SECURITY ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses for the Employee Benefits 
Security Administration, $143,419,000. 
PENSION BENEFIT GUARANTY CORPORATION 
PENSION BENEFIT GUARANTY CORPORATION FUND 
The Pension Benefit Guaranty Corporation (‘‘Cor-
poration’’) is authorized to make such expenditures, in-
cluding financial assistance authorized by subtitle E of 
title IV of the Employee Retirement Income Security Act 
of 1974, within limits of funds and borrowing authority 
available to the Corporation, and in accord with law, and 
to make such contracts and commitments without regard
556 
to fiscal year limitations as provided by 31 U.S.C. 9104 
as may be necessary in carrying out the program, includ-
ing associated administrative expenses, through Sep-
tember 30, 2009, for the Corporation: Provided, That 
none of the funds available to the Corporation for fiscal 
year 2009 shall be available for obligations for administra-
tive expenses in excess of $444,722,000: Provided further, 
That to the extent that the number of new plan partici-
pants in plans terminated by the Corporation exceeds 
100,000 in fiscal year 2009, an amount not to exceed an 
additional $9,200,000 shall be available for obligation for 
administrative expenses for every 20,000 additional termi-
nated participants: Provided further, That an additional 
$50,000 shall be made available for obligation for invest-
ment management fees for every $25,000,000 in assets 
received by the Corporation as a result of new plan termi-
nations or asset growth, after approval by the Office of 
Management and Budget and notification of the Commit-
tees on Appropriations of the House of Representatives 
and the Senate: Provided further, That obligations in ex-
cess of the amounts provided in this paragraph may be 
incurred for unforeseen and extraordinary pre-termination 
expenses after approval by the Office of Management and 
Budget and notification of the Committees on Appropria-
tions of the House of Representatives and the Senate.
557 
EMPLOYMENT STANDARDS ADMINISTRATION 
SALARIES AND EXPENSES 
(INCLUDING RESCISSION) 
For necessary expenses for the Employment Stand-
ards Administration, including reimbursement to State, 
Federal, and local agencies and their employees for inspec-
tion services rendered, $438,166,000, together with 
$2,101,000 which may be expended from the Special Fund 
in accordance with sections 39(c), 44(d), and 44(j) of the 
Longshore and Harbor Workers’ Compensation Act: Pro-
vided, That the Secretary of Labor is authorized to estab-
lish and, in accordance with 31 U.S.C 3302, collect and 
deposit in the Treasury fees for processing applications 
and issuing certificates under sections 11(d) and 14 of the 
Fair Labor Standards Act of 1938 and for processing ap-
plications and issuing registrations under title I of the Mi-
grant and Seasonal Agricultural Worker Protection Act. 
Of the unobligated funds collected pursuant to sec-
tion 286(v) of the Immigration and Nationality Act, 
$97,000,000 are rescinded as of September 30, 2009. 
SPECIAL BENEFITS 
(INCLUDING TRANSFER OF FUNDS) 
For the payment of compensation, benefits, and ex-
penses (except administrative expenses) accruing during 
the current or any prior fiscal year authorized by 5 U.S.C.
606 
projects, and in the amounts, specified under the heading 
‘‘Children and Families Services Programs’’ in the explan-
atory statement described in section 4 (in the matter pre-
ceding division A of this consolidated Act). 
PROMOTING SAFE AND STABLE FAMILIES 
For carrying out section 436 of the Social Security 
Act, $345,000,000 and section 437 of such Act, 
$63,311,000. 
PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION 
ASSISTANCE 
For making payments to States or other non-Federal 
entities under title IV–E of the Social Security Act, 
$5,050,000,000. 
For making payments to States or other non-Federal 
entities under title IV–E of the Social Security Act, for 
the first quarter of fiscal year 2010, $1,800,000,000. 
For making, after May 31 of the current fiscal year, 
payments to States or other non-Federal entities under 
section 474 of title IV–E of the Social Security Act, for 
the last 3 months of the current fiscal year for unantici-
pated costs, incurred for the current fiscal year, such sums 
as may be necessary. 
ADMINISTRATION ON AGING 
AGING SERVICES PROGRAMS 
For carrying out, to the extent not otherwise pro-
vided, the Older Americans Act of 1965, section 398 of