190 
which lacks water, wastewater, or other necessary infra-
structure: Provided further, That notwithstanding the joint 
explanatory statement of the Committee on Appropriations 
of the House of Representatives accompanying Public Law 
111–8, the $300,000 made available to the Village of Crest-
wood for water storage improvements (as described in the 
table entitled ‘‘Congressionally Designated Spending’’ in 
section 430 of that joint explanatory statement) shall be 
made available to the City of Quincy, Illinois, for drinking 
water system improvements. 
ADMINISTRATIVE PROVISIONS, ENVIRONMENTAL 
PROTECTION AGENCY 
(INCLUDING RESCISSION OF FUNDS) 
For fiscal year 2010, 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 
the Administrator in implementing Federal environmental 
programs for Indian Tribes required or authorized by law, 
except that no such cooperative agreements may be awarded
191 
from funds designated for State financial assistance agree-
ments. 
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 Registration 
Improvement Renewal Act. 
The Administrator is authorized to transfer up to 50 
percent of the funds appropriated for the Great Lakes Ini-
tiative under the heading ‘‘Environmental Programs and 
Management’’ to the head of any Federal department or 
agency, with the concurrence of such head, to carry out ac-
tivities that would support the Great Lakes Restoration Ini-
tiative and Great Lakes Water Quality Agreement pro-
grams, projects, or activities; to enter into an interagency 
agreement with the head of such Federal department or 
agency to carry out these activities; and to make grants 
to governmental entities, nonprofit organizations, institu-
tions, and individuals for planning, research, monitoring, 
outreach, and implementation in furtherance of the Great 
Lakes Restoration Initiative and the Great Lakes Water 
Quality Agreement. 
From unobligated balances to carry out projects and 
activities funded through the State and Tribal Assistance
192 
Grants Account, $40,000,000 are permanently rescinded: 
Provided, That no amounts may be rescinded from amounts 
that were designated by Congress as an emergency require-
ment pursuant to the Concurrent Resolution on the Budget 
or the Balanced Budget and Emergency Deficit Control Act 
of 1985, as amended. 
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, $307,012,000, to remain avail-
able until expended: Provided, That of the funds provided, 
$66,939,000 is for the forest inventory and analysis pro-
gram. 
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 manage-
ment, including treatments of pests, pathogens, and 
invasive or noxious plants and for restoring and rehabili-
tating forests damaged by pests or invasive plants, coopera-
tive forestry, and education and land conservation activi-
ties and conducting an international program as author-
193 
ized, $276,946,000, to remain available until expended, as 
authorized by law; and of which $55,145,000 is to be de-
rived from the Land and Water Conservation Fund. 
NATIONAL FOREST SYSTEM 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses of the Forest Service, not other-
wise provided for, for management, protection, improve-
ment, and utilization of the National Forest System, 
$1,556,329,000, 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 Con-
servation Fund Act of 1965, as amended, in accordance 
with section 4 of the Act (16 U.S.C. 460l–6a(i)): Provided, 
That, through fiscal year 2014, the Secretary of Agriculture 
may authorize the expenditure or transfer of such sums as 
are necessary to the Secretary of the Interior for removal, 
preparation and adoption of excess wild horses and burros 
from National Forest System lands and for the performance 
of cadastral surveys to designate the boundaries of such 
lands. 
CAPITAL IMPROVEMENT AND MAINTENANCE 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Forest Service, not other-
wise provided for, $513,418,000, to remain available until 
expended, for construction, capital improvement, mainte-
194 
nance and acquisition of buildings and other facilities and 
infrastructure; and for construction, capital improvement, 
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 road 
decommissioning, road and trail repair and maintenance 
and associated activities, and removal of fish passage bar-
riers, especially in areas where Forest Service roads may 
be contributing to water quality problems in streams and 
water bodies which support threatened, endangered or sen-
sitive 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 decommis-
sioning of roads, including unauthorized roads not part of 
the transportation system, which are no longer needed: Pro-
vided further, That no funds shall be expended to decommis-
sion any system road until notice and an opportunity for 
public comment has been provided on each decommissioning 
project: Provided further, That the decommissioning of un-
authorized roads not part of the official transportation sys-
tem shall be expedited in response to threats to public safety, 
water quality, or natural resources: Provided further, That 
funds becoming available in fiscal year 2010 under the Act 
of March 4, 1913 (16 U.S.C. 501) shall be transferred to
195 
the General Fund of the Treasury and shall not be available 
for transfer or obligation for any other purpose unless the 
funds are appropriated. 
LAND ACQUISITION 
For expenses necessary to carry out the provisions of 
the Land and Water Conservation Fund Act of 1965, as 
amended (16 U.S.C. 460l–4 through 11), including admin-
istrative expenses, and for acquisition of land or waters, 
or interest therein, in accordance with statutory authority 
applicable to the Forest Service, $67,784,000, to be derived 
from the Land and Water Conservation Fund and to re-
main available until expended. 
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL 
ACTS 
For acquisition of lands within the exterior boundaries 
of the Cache, Uinta, and Wasatch National Forests, Utah; 
the Toiyabe National Forest, Nevada; and the Angeles, San 
Bernardino, Sequoia, and Cleveland National Forests, Cali-
fornia, 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 govern-
ments, public school districts, or other public school authori-
ties, and for authorized expenditures from funds deposited
196 
by non-Federal parties pursuant to Land Sale and Ex-
change Acts, pursuant to the Act of December 4, 1967, as 
amended (16 U.S.C. 484a), to remain available until ex-
pended. (16 U.S.C. 4601–516–617a, 555a; Public Law 96– 
586; Public Law 76–589, 76–591; and 78–310). 
RANGE BETTERMENT FUND 
For necessary expenses of range rehabilitation, protec-
tion, and improvement, 50 percent of all moneys received 
during the prior fiscal year, as fees for grazing domestic 
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 expended, of 
which not to exceed 6 percent shall be available for adminis-
trative expenses associated with on-the-ground range reha-
bilitation, 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 manage 
Federal lands in Alaska for subsistence uses under title VIII 
of the Alaska National Interest Lands Conservation Act
197 
(Public Law 96–487), $2,582,000, 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 
fire suppression on or adjacent to such lands or other lands 
under fire protection agreement, hazardous fuels reduction 
on or adjacent to such lands, and for emergency rehabilita-
tion of burned-over National Forest System lands and 
water, $2,586,637,000, to remain available until expended: 
Provided, That such funds including unobligated balances 
under this heading, are available for repayment of advances 
from other appropriations accounts previously transferred 
for such purposes: Provided further, That such funds shall 
be available to reimburse State and other cooperating enti-
ties 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 re-
paid by the responsible emergency management agency: 
Provided further, That, notwithstanding any other provi-
sion 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 fur-
ther, That all authorities for the use of funds, including the
198 
use of contracts, grants, and cooperative agreements, avail-
able to execute the Forest and Rangeland Research appro-
priation, 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 fuels reduction activities in the 
urban-wildland interface, support to Federal emergency re-
sponse, and wildfire suppression activities of the Forest 
Service: Provided further, That of the funds provided, 
$350,285,000 is for hazardous fuels reduction activities, 
$11,500,000 
is 
for 
rehabilitation 
and 
restoration, 
$23,917,000 is for research activities and to make competi-
tive research grants pursuant to the Forest and Rangeland 
Renewable Resources Research Act, as amended (16 U.S.C. 
1641 et seq.), $56,250,000 is for State fire assistance, 
$9,000,000 is for volunteer fire assistance, $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’’ ac-
counts to fund State fire assistance, volunteer fire assist-
ance, forest health management, forest and rangeland re-
search, the Joint Fire Science Program, vegetation and wa-
tershed management, heritage site rehabilitation, and wild-
199 
life and fish habitat management and restoration: Provided 
further, 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 System’’ 
account at the sole discretion of the Chief of the Forest Serv-
ice 30 days after notifying the House and the Senate Com-
mittees on Appropriations: Provided further, That the costs 
of implementing any cooperative agreement between the 
Federal Government and any non-Federal entity may be 
shared, as mutually agreed on by the affected parties: Pro-
vided further, That in addition to funds provided 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 Res-
toration Act, Public Law 106–393, title VI, shall be avail-
able for use on non-Federal lands in accordance with au-
thorities available to the Forest Service under the State and 
Private Forestry Appropriation: Provided further, That the 
Secretary of the Interior and the Secretary of Agriculture 
may authorize the transfer of funds appropriated for
200 
wildland fire management, in an aggregate amount not to 
exceed $10,000,000, between the Departments when such 
transfers would facilitate and expedite jointly funded 
wildland fire management programs and projects: Provided 
further, That of the funds provided for hazardous fuels re-
duction, not to exceed $10,000,000, 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 national forest lands: Provided further, That funds 
designated 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 
(INCLUDING TRANSFERS OF FUNDS) 
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, op-
eration, maintenance, and acquisition of aircraft from ex-
cess 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
201 
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 alteration of build-
ings and other public improvements (7 U.S.C. 2250); (4) 
acquisition of land, waters, and interests therein pursuant 
to 7 U.S.C. 428a; (5) for expenses pursuant to the Volun-
teers 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 wildland 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 Committees on 
Appropriations for the House of Representatives and Senate 
if the Secretary of Agriculture determines that all emer-
gency fire suppression funds appropriated under the head-
ing ‘‘Wildland Fire Management’’ will be fully obligated 
within 30 days. 
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-
202 
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-
nical assistance, education and training, and cooperation 
with United States and international organizations. 
None of the funds made available to the Forest Service 
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 
title IV of this Act. 
Not more than $88,785,000 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 Depart-
ment Reimbursable Programs, commonly referred to as 
Greenbook charges. Nothing in this paragraph shall pro-
hibit or limit the use of reimbursable agreements requested
203 
by the Forest Service in order to obtain services from the 
Department of Agriculture’s National Information Tech-
nology Center. 
Funds available to the Forest Service shall be available 
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 author-
ity of the Public Lands Corps Healthy Forests Restoration 
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 recep-
tion and representation expenses. 
Pursuant to sections 405(b) and 410(b) of Public Law 
101–593, of the funds available to the Forest Service, up 
to $2,000,000 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 admin-
istrative expenses or projects on or benefitting National 
Forest System lands or related to Forest Service programs: 
Provided, That, of the Federal funds made available to the 
Foundation, no more than $200,000 shall be available for 
administrative expenses: Provided further, That the Foun-
dation shall obtain, by the end of the period of Federal fi-
204 
nancial assistance, private contributions to match on at 
least one-for-one basis funds made available by the Forest 
Service: Provided further, That the Foundation may trans-
fer Federal funds to 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 au-
thorized investments of Federal funds held by the Founda-
tion 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, 
$2,650,000 of the funds available to the Forest Service shall 
be advanced to the National Fish and Wildlife Foundation 
in a lump sum to aid cost-share conservation projects, with-
out 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-
205 
sistance to rural communities and natural resource-based 
businesses for sustainable rural development purposes. 
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 pur-
poses 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 section 
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 
$55,000,000, shall be assessed for the purpose of performing 
fire, administrative and other facilities maintenance. Such 
assessments shall occur using a square foot rate charged on 
the same basis the agency uses to assess programs for pay-
ment 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
206 
the General Counsel (OGC), Department of Agriculture, for 
travel and related expenses incurred as a result of OGC as-
sistance or participation requested by the Forest Service at 
meetings, training sessions, management reviews, land pur-
chase negotiations and similar non-litigation related mat-
ters. 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. 
Funds provided to the Forest Service in this Act may 
be used for the purpose of expenses associated with primary 
and secondary schooling for the 2009–2010 school year of 
dependents of agency personnel stationed in Puerto Rico, 
at a cost not in excess of those authorized by the Department 
of Defense for that same area, when it is determined by 
the Chief of the Forest Service that public schools available 
in the locality are unable to provide adequately for the edu-
cation of such dependents. 
DEPARTMENT OF HEALTH AND HUMAN 
SERVICES 
INDIAN HEALTH SERVICE 
INDIAN HEALTH SERVICES 
For expenses necessary to carry out the Act of August 
5, 1954 (68 Stat. 674), the Indian Self-Determination Act, 
the Indian Health Care Improvement Act, and titles II and
207 
III of the Public Health Service Act with respect to the In-
dian Health Service, $3,639,868,000, together with pay-
ments received during the fiscal year pursuant 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 contracts, grant agreements, or 
any other agreements or compacts 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 contract award and thereafter shall remain 
available to the tribe or tribal organization without fiscal 
year limitation: Provided further, That $779,347,000 for 
contract medical care, including $48,000,000 for the Indian 
Catastrophic Health Emergency Fund, shall remain avail-
able until expended: Provided further, That $18,251,000 is 
provided for Headquarters operations and information 
technology activities and, notwithstanding any other provi-
sion of law, the amount available under this proviso shall 
be allocated at the discretion of the Director of the Indian 
Health Service: 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 treatment
208 
initiative and $7,500,000 is provided for the domestic vio-
lence 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 ex-
pended: Provided further, That funds provided in this Act 
may be used for annual contracts and grants that fall with-
in two fiscal years, provided the total obligation is recorded 
in the year 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 In-
dian Health Care Improvement Act shall remain available 
until expended for the purpose of achieving compliance with 
the applicable conditions and requirements of titles XVIII 
and XIX of the Social Security Act, except for those related 
to the planning, design, or construction of new facilities: 
Provided further, That funding contained herein for schol-
arship programs under the Indian Health Care Improve-
ment Act (25 U.S.C. 1613) shall remain available until ex-
pended: 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 receiving tribes and tribal organiza-
tions until expended: Provided further, That, notwith-
standing any other provision of law, of the amounts pro-
209 
vided herein, not to exceed $389,490,000 shall be for pay-
ments to tribes and tribal organizations for contract or 
grant support costs associated with contracts, grants, self- 
governance compacts, or annual funding agreements be-
tween the Indian Health Service and a tribe or tribal orga-
nization pursuant to the Indian Self-Determination Act of 
1975, as amended, prior to or during fiscal year 2010, of 
which not to exceed $5,000,000 may be used for contract 
support costs associated with new or expanded self-deter-
mination contracts, grants, self-governance compacts, or 
annual funding agreements: Provided further, That the Bu-
reau of Indian Affairs may collect from the Indian Health 
Service, tribes and tribal organizations operating health fa-
cilities pursuant 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 Edu-
cation 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, in-
cluding quarters for personnel; preparation of plans, speci-
210 
fications, and drawings; acquisition of sites, purchase and 
erection of modular buildings, and purchases of trailers; 
and for provision of domestic and community sanitation 
facilities for Indians, as authorized by section 7 of the Act 
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Deter-
mination Act, and the Indian Health Care Improvement 
Act, and for expenses necessary to carry out such Acts and 
titles II and III of the Public Health Service Act with re-
spect to environmental health and facilities support activi-
ties of the Indian Health Service, $394,757,000, to remain 
available until expended: Provided, That notwithstanding 
any other provision of law, funds appropriated for the plan-
ning, design, construction, renovation or expansion of 
health facilities for the benefit of an Indian tribe or tribes 
may be used to purchase land on which such facilities will 
be located: 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 facili-
ties: Provided further, That none of the funds appropriated 
to the Indian Health Service may be used for sanitation 
facilities construction for new homes funded with grants by 
the housing programs of the United States Department of 
Housing and Urban Development: Provided further, That 
not to exceed $2,700,000 from this account and the ‘‘Indian
211 
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 inter-
agency agreement between the Indian Health Service and 
the General Services Administration: Provided further, 
That not to exceed $500,000 shall be placed in a Demolition 
Fund, to remain available until expended, and be used by 
the Indian Health Service for the demolition of Federal 
buildings. 
ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE 
Appropriations provided in this Act to the Indian 
Health Service shall be available for services as authorized 
by 5 U.S.C. 3109 at rates not to exceed the per diem rate 
equivalent to the maximum rate payable for senior-level po-
sitions under 5 U.S.C. 5376; hire of passenger motor vehi-
cles and aircraft; purchase of medical equipment; purchase 
of reprints; purchase, renovation and erection of modular 
buildings and renovation of existing facilities; payments for 
telephone service in private residences in the field, when au-
thorized under regulations approved by the Secretary; uni-
forms or allowances therefor as authorized by 5 U.S.C. 
5901–5902; and for expenses of attendance at meetings that 
relate to the functions or activities of the Indian Health 
Service.
212 
In accordance with the provisions of the Indian Health 
Care Improvement Act, non-Indian patients may be ex-
tended health care at all tribally administered or Indian 
Health Service facilities, subject to charges, and the pro-
ceeds 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. Notwith-
standing any other law or regulation, funds transferred 
from the Department of Housing and Urban Development 
to the Indian Health Service shall be administered 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 assessments or 
charges by the Department of Health and Human Services 
unless identified in the budget justification and provided 
in this Act, or approved by the House and Senate Commit-
tees on Appropriations through the reprogramming process. 
Notwithstanding any other provision of law, funds 
previously or herein made available to a tribe or tribal or-
213 
ganization through a contract, grant, or agreement author-
ized by title I or title V of the Indian Self-Determination 
and Education Assistance Act of 1975 (25 U.S.C. 450), may 
be deobligated and reobligated to a self-determination con-
tract under title I, or a self-governance agreement under 
title V of such Act and thereafter shall remain available 
to the tribe or tribal organization without fiscal year limi-
tation. 
None of the funds made available to the Indian Health 
Service in this Act shall be used to implement the final rule 
published in the Federal Register on September 16, 1987, 
by the Department of Health and Human Services, relating 
to the eligibility for the health care services of the Indian 
Health Service until the Indian Health Service has sub-
mitted a budget request reflecting the increased costs associ-
ated with the proposed final rule, and such request has been 
included in an appropriations Act and enacted 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-
ments in advance with subsequent adjustment. The reim-
bursements received therefrom, along with the funds received 
from those entities pursuant to the Indian Self-Determina-
tion Act, may be credited to the same or subsequent appro-
214 
priation account from which the funds were originally de-
rived, with such amounts to remain available until ex-
pended. 
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 technical 
assistance. 
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 Amend-
ments and Reauthorization Act of 1986, $79,212,000. 
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 ac-
tivities set forth in sections 104(i) and 111(c)(4) of the
215 
Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (CERCLA), as amended; section 
118(f) of the Superfund Amendments and Reauthorization 
Act of 1986 (SARA), as amended; and section 3019 of the 
Solid Waste Disposal Act, as amended, $76,792,000, 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 notwithstanding any other provi-
sion of law, in lieu of performing a health assessment under 
section 104(i)(6) of CERCLA, the Administrator of ATSDR 
may conduct other appropriate health studies, evaluations, 
or activities, including, without limitation, biomedical test-
ing, 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 appro-
priated 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 2010, and ex-
isting profiles may be updated as necessary.
216 
OTHER RELATED AGENCIES 
EXECUTIVE OFFICE OF THE PRESIDENT 
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF 
ENVIRONMENTAL QUALITY 
For necessary expenses to continue functions assigned 
to the Council on Environmental Quality and Office of En-
vironmental Quality pursuant to the National Environ-
mental Policy Act of 1969, the Environmental Quality Im-
provement Act of 1970, and Reorganization Plan No. 1 of 
1977, and not to exceed $750 for official reception and rep-
resentation expenses, $3,159,000: Provided, That notwith-
standing section 202 of the National Environmental Policy 
Act of 1970, the Council shall consist of one member, ap-
pointed by the President, by and with the advice and con-
sent 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 amended, 
including hire of passenger vehicles, uniforms or allowances 
therefor, as authorized by 5 U.S.C. 5901–5902, and for serv-
ices authorized by 5 U.S.C. 3109 but at rates for individ-
uals not to exceed the per diem equivalent to the maximum
217 
rate payable for senior level positions under 5 U.S.C. 5376, 
$11,195,000. 
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, $8,000,000, 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 housing, 
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 November 
30, 1985, was physically domiciled on the lands partitioned 
to the Hopi Tribe unless a new or replacement home is pro-
vided for such household: Provided further, That no 
relocatee will be provided with more than one new or re-
placement home: Provided further, That the Office shall re-
locate any certified eligible relocatees who have selected and 
received an approved homesite on the Navajo reservation 
or selected a replacement residence off the Navajo reserva-
218 
tion 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 authorized 
by title XV of Public Law 99–498, as amended (20 U.S.C. 
56 part A), $8,300,000. 
SMITHSONIAN INSTITUTION 
SALARIES AND EXPENSES 
For necessary expenses of the Smithsonian Institution, 
as authorized by law, including research in the fields of art, 
science, and history; development, preservation, and docu-
mentation of the National Collections; presentation of pub-
lic exhibits and performances; collection, preparation, dis-
semination, and exchange of information and publications; 
conduct of education, training, and museum assistance pro-
grams; maintenance, alteration, operation, lease agreements 
of no more than 30 years, and protection of buildings, fa-
cilities, and approaches; not to exceed $100,000 for services 
as authorized by 5 U.S.C. 3109; and purchase, rental, re-
pair, and cleaning of uniforms for employees, $634,161,000, 
of which not to exceed $19,117,000 for the instrumentation 
program, collections acquisition, exhibition reinstallation,
219 
the National Museum of African American History and 
Culture, and the repatriation of skeletal remains program 
shall remain available until expended; of which $1,553,000 
for fellowships and scholarly awards shall remain available 
until September 30, 2011; 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 
presentations. 
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, 
$125,000,000, 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 
(INCLUDING RESCISSION OF FUNDS) 
For the purpose of developing a public-private part-
nership to facilitate the reopening of the Arts and Industries 
Building of the Smithsonian Institution, $30,000,000, to re-
main available until expended, for repair, renovation and
220 
revitalization of the building: Provided, That such funds 
shall be matched on a 1:1 basis by private donations: Pro-
vided further, That major in-kind donations that contribute 
significantly to the redesign and purpose of the reopened 
building be considered to qualify toward the total private 
match: Provided further, That privately contributed endow-
ments, which are designated for the care and renewal of 
permanent exhibitions installed in the Arts and Industries 
Building, be considered as qualifying toward the total pri-
vate match: Provided further, That this appropriation may 
be made available to the Smithsonian Institution incremen-
tally as private funding becomes available: Provided fur-
ther, That any other provision of law that adjusts the over-
all amount of the Federal appropriation for this account 
shall also apply to the privately contributed requirement: 
Provided further, That the unobligated balances provided 
under this heading in Public Law 110–161 and Public Law 
111–8 are hereby rescinded. 
NATIONAL GALLERY OF ART 
SALARIES AND EXPENSES 
For the upkeep and operations of the National Gallery 
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 Resolu-
221 
tion 9, Seventy-sixth Congress), including services as au-
thorized by 5 U.S.C. 3109; payment in advance when au-
thorized 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; pur-
chase, repair, and cleaning of uniforms for guards, and uni-
forms, or allowances therefor, for other employees as author-
ized by law (5 U.S.C. 5901–5902); purchase or rental of 
devices and services for protecting buildings and contents 
thereof, and maintenance, alteration, improvement, and re-
pair 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 ad-
vertising, with individuals, firms, or organizations at such 
rates or prices and under such terms and conditions as the 
Gallery may deem proper, $110,746,000, of which not to 
exceed $3,386,000 for the special exhibition program shall 
remain available until expended. 
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS 
For necessary expenses of repair, restoration and ren-
ovation of buildings, grounds and facilities owned or occu-
pied by the National Gallery of Art, by contract or other-
wise, as authorized, $54,499,000, to remain available until 
expended: Provided, That of this amount, up to $40,000,000
222 
shall be available for repair of the National Gallery’s East 
Building fac¸ade: Provided further, That notwithstanding 
any other provision of law, a single procurement for the 
foregoing Major Critical Project may be issued which in-
cludes the full scope of the project: Provided further, That 
the solicitation and contract shall contain the clause ‘‘avail-
ability of funds’’ found at 48 CFR 52.232.18: Provided fur-
ther, That contracts awarded for environmental systems, 
protection systems, and exterior repair or renovation of 
buildings of the National Gallery of Art may be negotiated 
with selected contractors and awarded on the basis of con-
tractor qualifications as well as price. 
JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS 
OPERATIONS AND MAINTENANCE 
For necessary expenses for the operation, maintenance 
and security of the John F. Kennedy Center for the Per-
forming Arts, $22,500,000. 
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, 
$17,447,000, to remain available until expended.
223 
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, $10,225,000. 
NATIONAL FOUNDATION ON THE ARTS AND THE 
HUMANITIES 
NATIONAL ENDOWMENT FOR THE ARTS 
GRANTS AND ADMINISTRATION 
For necessary expenses to carry out the National Foun-
dation on the Arts and the Humanities Act of 1965, as 
amended, $161,315,000 shall be available to the National 
Endowment for the Arts for the support of projects and pro-
ductions in the arts, including arts education and public 
outreach activities, through assistance to organizations 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 ap-
propriated herein shall be expended in accordance with sec-
tions 309 and 311 of Public Law 108–447.
224 
NATIONAL ENDOWMENT FOR THE HUMANITIES 
GRANTS AND ADMINISTRATION 
For necessary expenses to carry out the National Foun-
dation on the Arts and the Humanities Act of 1965, as 
amended, $161,315,000, to remain available until ex-
pended, of which $147,015,000 shall be available for support 
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 in-
cluding $9,500,000 for the purposes of section 7(h): Pro-
vided, That appropriations for carrying out section 
10(a)(2) shall be available for obligation only in such 
amounts as may be equal to the total amounts of gifts, be-
quests, and devises of money, and other property accepted 
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 appropriated. 
ADMINISTRATIVE PROVISIONS 
None of the funds appropriated to the National Foun-
dation on the Arts and the Humanities may be used to 
process any grant or contract documents which do not in-
clude the text of 18 U.S.C. 1913.
225 
None of the funds appropriated to the National Foun-
dation on the Arts and the Humanities may be used for 
official reception and representation expenses: Provided, 
That funds from nonappropriated sources may be used as 
necessary for official reception and representation expenses. 
The Chairperson of the National Endowment for the 
Arts may approve grants of up to $10,000, if in the aggre-
gate this amount does not exceed 5 percent of the sums ap-
propriated for grant-making purposes per year: Provided, 
That such small grant actions are taken pursuant to the 
terms of an expressed and direct delegation of authority 
from the National Council 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), $2,294,000: 
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 collection, to re-
main available until expended without further appropria-
tion: Provided further, That the Commission is authorized 
to accept gifts, including objects, papers, artwork, drawings 
and artifacts, that pertain to the history and design of the 
Nation’s Capital or the history and activities of the Com-
226 
mission of Fine Arts, for the purpose of artistic display, 
study or education. 
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 His-
toric Preservation (Public Law 89–665, as amended), 
$5,908,000: Provided, That none of these funds shall be 
available for compensation of level V of the Executive Sched-
ule or higher positions. 
NATIONAL CAPITAL PLANNING COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses, as authorized by the National 
Capital Planning Act of 1952 (40 U.S.C. 71–71i), includ-
ing services as authorized by 5 U.S.C. 3109, $8,507,000: 
Provided, That one-quarter of 1 percent of the funds pro-
vided under this heading may be used for official reception 
and representational expenses associated with hosting inter-
national visitors engaged in the planning and physical de-
velopment of world capitals.
227 
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), 
$49,122,000, of which $515,000 for the Museum’s equipment 
replacement program, $1,900,000 for the museum’s repair 
and rehabilitation program and $1,264,000 for the muse-
um’s exhibition design and production program shall re-
main available until expended. 
PRESIDIO TRUST 
PRESIDIO TRUST FUND 
For necessary expenses to carry out title I of the Omni-
bus Parks and Public Lands Management Act of 1996, 
$17,230,000 shall be available to the Presidio Trust, to re-
main available until expended. 
DWIGHT D. EISENHOWER MEMORIAL COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses, including the costs of construc-
tion design, of the Dwight D. Eisenhower Memorial Com-
mission, $3,000,000, to remain available until expended. 
CAPITAL CONSTRUCTION 
For necessary expenses of the Dwight D. Eisenhower 
Memorial Commission for design and construction of a me-
morial in honor of Dwight D. Eisenhower, as authorized
228 
by Public Law 106–79, $16,000,000, to remain available 
until expended. 
TITLE IV 
GENERAL PROVISIONS 
LIMITATION ON CONSULTING SERVICES 
(INCLUDING TRANSFERS OF FUNDS) 
SEC. 401. The expenditure of any appropriation under 
this Act for any consulting service through procurement 
contract, pursuant to 5 U.S.C. 3109, shall be limited to 
those contracts where such expenditures are a matter of pub-
lic record and available for public inspection, except where 
otherwise provided under existing law, or under existing 
Executive Order issued pursuant to existing law. 
RESTRICTION ON USE OF FUNDS 
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 pro-
posal on which Congressional action is not complete other 
than to communicate to Members of Congress as described 
in 18 U.S.C. 1913. 
PROHIBITION ON USE OF FUNDS FOR PERSONAL SERVICES 
SEC. 403. 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 serv-
229 
ants to any officer or employee of such department or agen-
cy except as otherwise provided by law. 
DISCLOSURE OF ADMINISTRATIVE EXPENSES 
SEC. 404. Estimated overhead charges, deductions, re-
serves or holdbacks from programs, projects, activities and 
subactivities to support government-wide, departmental, 
agency or bureau administrative functions or headquarters, 
regional or central operations shall be presented in annual 
budget justifications and subject to approval by the Com-
mittees on Appropriations. Changes to such estimates shall 
be presented to the Committees on Appropriations for ap-
proval. 
GIANT SEQUOIA 
SEC. 405. None of the funds in this Act may be used 
to plan, prepare, or offer for sale timber from trees classified 
as giant sequoia (Sequoiadendron giganteum) which are lo-
cated on National Forest System or Bureau of Land Man-
agement lands in a manner different than such sales were 
conducted in fiscal year 2009. 
MINING APPLICATIONS 
SEC. 406. (a) None of the funds appropriated or other-
wise 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.
230 
(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, 2010, 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 a 
report on actions taken by the Department under the plan 
submitted pursuant to section 314(c) of the Department 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 Man-
231 
agement to conduct a mineral examination of the mining 
claims or mill sites contained in a patent application as 
set forth in subsection (b). The Bureau of Land Manage-
ment 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. 
CONTRACT SUPPORT COSTS 
SEC. 407. Notwithstanding any other provision of law, 
amounts appropriated to or otherwise designated in com-
mittee reports for the Bureau of Indian Affairs and the In-
dian 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, divi-
sion B and Continuing Appropriations Resolution, 2007 
(division B of Public Law 109–289, as amended by Public 
Laws 110–5 and 110–28), and Public Laws 110–92, 110– 
116, 110–137, 110–149, 110–161, 110–329, 111–6, and 
111–8 for payments for contract support costs associated 
with self-determination or self-governance contracts, 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 2009 for such purposes, except that for the 
Bureau of Indian Affairs, tribes and tribal organizations
232 
may use their tribal priority allocations for unmet contract 
support costs of ongoing contracts, grants, self-governance 
compacts, or annual funding agreements. 
FOREST MANAGEMENT PLANS 
SEC. 408. Prior to October 1, 2010, the Secretary of 
Agriculture shall not be considered to be in violation of sub-
paragraph 6(f)(5)(A) of the Forest and Rangeland Renew-
able 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-
spect to such plan and a court of proper jurisdiction may 
order completion of the plan on an accelerated basis. 
PROHIBITION WITHIN NATIONAL MONUMENTS 
SEC. 409. 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 Monument es-
233 
tablished 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 Presi-
dential proclamation establishing such monument. 
INTERNATIONAL FIREFIGHTER COOPERATIVE AGREEMENTS 
SEC. 410. 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 coun-
try receiving said services when the individuals are engaged 
in fire suppression: Provided, That the Secretary of Agri-
culture or the Secretary of the Interior should not enter into 
any agreement under this provision unless the foreign coun-
try (either directly or through its fire organization) agrees 
to assume any and all liability for the acts or omissions 
of American firefighters engaged in firefighting in a foreign 
country: Provided further, That when an agreement is 
reached for furnishing fire fighting services, the only rem-
edies 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 exclusive remedies for any 
claim arising out of fighting fires in a foreign country: Pro-
234 
vided further, That neither the sending country nor any 
legal organization associated with the firefighter shall be 
subject to any legal action whatsoever pertaining to or aris-
ing out of the firefighter’s role in fire suppression. 
CONTRACTING AUTHORITIES 
SEC. 411. 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 ‘‘Secre-
taries’’) may, in evaluating bids and proposals, give consid-
eration to local contractors who are from, and who provide 
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 communities 
isolated from significant alternative employment opportu-
nities: Provided, That notwithstanding Federal Government 
procurement and contracting laws the Secretaries may 
award contracts, grants or cooperative agreements to local 
non-profit entities, Youth Conservation Corps or related 
partnerships with State, local or non-profit youth groups, 
or small or micro-business or disadvantaged business: Pro-
vided further, That the contract, grant, or cooperative agree-
ment is for forest hazardous fuels reduction, watershed or
235 
water quality monitoring or restoration, wildlife or fish 
population monitoring, or habitat restoration or manage-
ment: Provided further, That the terms ‘‘rural community’’ 
and ‘‘economically disadvantaged’’ shall have the same 
meanings as in section 2374 of Public Law 101–624: Pro-
vided 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. 
PROHIBITION ON USE OF FUNDS 
SEC. 412. None of the funds made available by this 
or any other Act may be used in fiscal year 2010 for com-
petitive sourcing studies and any related activities involv-
ing Forest Service personnel. 
LIMITATION ON TAKINGS 
SEC. 413. Unless otherwise provided herein, no funds 
appropriated in this Act for the acquisition of lands or in-
terests in lands may be expended for the filing of declara-
tions of taking or complaints in condemnation without the 
approval of the House and Senate Committees on Appro-
priations: Provided, That this provision shall not apply to 
funds appropriated to implement the Everglades National 
Park Protection and Expansion Act of 1989, or to funds
236 
appropriated for Federal assistance to the State of Florida 
to acquire lands for Everglades restoration purposes. 
HUNTERS POINT ENVIRONMENTAL CLEANUP 
SEC. 414. 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 provided 
to EPA to be transferred to the Department of the Navy 
for clean-up activities at the Treasure Island Naval Sta-
tion—Hunters Point Annex. 
EXTENSION OF GRAZING PERMITS 
SEC. 415. Section 325 of Public Law 108–108 is 
amended by striking ‘‘fiscal years 2004–2008’’ and insert-
ing ‘‘fiscal year 2010.’’ 
ALASKA NATIVE HEALTH CARE SERVICES 
SEC. 416. (a) Notwithstanding any other provision of 
law and until October 1, 2011, the Indian Health Service 
may not disburse funds for the provision of health care serv-
ices pursuant to Public Law 93–638 (25 U.S.C. 450 et seq.) 
to any Alaska Native village or Alaska Native village cor-
poration that is located within the area served by an Alaska 
Native regional health entity. 
(b) Nothing in this section shall be construed to pro-
hibit the disbursal of funds to any Alaska Native village 
or Alaska Native village corporation under any contract or