HR 2643 PCS 
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 
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-
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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, 
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 
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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 
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. No funds provided in this title may be ex-
pended by the Department of the Interior for the conduct 
of offshore preleasing, leasing and related activities placed 
under restriction in the President’s moratorium statement 
of June 12, 1998, in the areas of northern, central, and 
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southern California; the North Atlantic; Washington and 
Oregon; and the eastern Gulf of Mexico south of 26 de-
grees north latitude and east of 86 degrees west longitude. 
SEC. 105. No funds provided in this title may be ex-
pended by the Department of the Interior to conduct oil 
and natural gas preleasing, leasing and related activities 
in the Mid-Atlantic and South Atlantic planning areas. 
SEC. 106. Appropriations made in this Act under the 
headings Bureau of Indian Affairs and Office of Special 
Trustee for American Indians and any unobligated bal-
ances from prior appropriations Acts made under the 
same headings shall be available for expenditure or trans-
fer for Indian trust management and reform activities, ex-
cept that total funding for historical accounting activities 
shall not exceed amounts specifically designated in this 
Act for such purpose. 
SEC. 107. 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 federally-recognized tribe 
shall receive a reduction in Tribal Priority Allocation 
funds of more than 10 percent in fiscal year 2008. Under 
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circumstances of dual enrollment, overlapping service 
areas or inaccurate distribution methodologies, the 10 per-
cent limitation does not apply. 
SEC. 108. 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. 109. The Secretary of the Interior may here-
after use or contract for the use of helicopters or motor 
vehicles on the Sheldon and Hart National Wildlife Ref-
uges for the purpose of capturing and transporting horses 
and burros. The provisions of subsection (a) of the Act 
of September 8, 1959 (18 U.S.C. 47(a)) shall not be appli-
cable to such use. Such use shall be in accordance with 
humane procedures prescribed by the Secretary. 
SEC. 110. None of the funds in this or any other Act 
can be used to compensate the Special Master and the 
Special Master-Monitor, and all variations thereto, ap-
pointed by the United States District Court for the Dis-
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trict of Columbia in the Cobell v. Kempthorne litigation 
at an annual rate that exceeds 200 percent of the highest 
Senior Executive Service rate of pay for the Washington- 
Baltimore locality pay area. 
SEC. 111. 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. 
SEC. 112. 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. 
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SEC. 113. Notwithstanding any implementation of 
the Department of the Interior’s trust reorganization or 
reengineering plans, or the implementation of the ‘‘To Be’’ 
Model, funds appropriated for fiscal year 2008 shall be 
available to the tribes within the California Tribal Trust 
Reform Consortium and to the Salt River Pima-Maricopa 
Indian Community, the Confederated Salish and Kootenai 
Tribes of the Flathead Reservation and the Chippewa Cree 
Tribe of the Rocky Boys Reservation through the same 
methodology as funds were distributed in fiscal year 2003. 
This Demonstration Project shall continue to operate sep-
arate and apart from the Department of the Interior’s 
trust reform and reorganization and the Department shall 
not impose its trust management infrastructure upon or 
alter the existing trust resource management systems of 
the above referenced tribes having a self-governance com-
pact and operating in accordance with the Tribal Self-Gov-
ernance Program set forth in 25 U.S.C. 458aa–458hh: 
Provided, That the California Trust Reform Consortium 
and any other participating tribe agree to carry out their 
responsibilities under the same written and implemented 
fiduciary standards as those being carried by the Sec-
retary of the Interior: Provided further, That they dem-
onstrate to the satisfaction of the Secretary that they have 
the capability to do so: Provided further, That the Depart-
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ment shall provide funds to the federally-recognized tribes 
in an amount equal to that required by 25 U.S.C. 
458cc(g)(3), including funds specifically or functionally re-
lated to the provision of trust services to the federally- 
recognized tribes or their members. 
SEC. 114. 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-
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. 115. None of the funds made available in this 
Act may be used to issue any new lease that authorizes 
production of oil or natural gas under the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1331 et seq.) to any 
lessee under an existing lease issued by the Department 
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of the Interior pursuant to the Outer Continental Shelf 
Deep Water Royalty Relief Act (43 U.S.C. 1337 note), 
where such existing lease is not subject to limitations on 
royalty relief based on market price. 
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, including uniforms, or 
allowances therefor, as authorized by 5 U.S.C. 5901– 
5902; services as authorized by 5 U.S.C. 3109, but at 
rates for individuals not to exceed the per diem rate equiv-
alent to the maximum rate payable for senior level posi-
tions under 5 U.S.C. 5376; procurement of laboratory 
equipment and supplies; other operating expenses in sup-
port of research and development; construction, alteration, 
repair, rehabilitation, and renovation of facilities, not to 
exceed $85,000 per project, $788,269,000 (reduced by 
$5,000,000) (reduced by $1,000,000) (increased by 
$1,000,000) (reduced by $3,884,000) (increased by 
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$3,884,000), to remain available until September 30, 
2009. 
COMMISSION ON CLIMATE CHANGE ADAPTATION AND 
MITIGATION 
(INCLUDING TRANSFERS OF FUNDS) 
For expenses necessary for support of the activities 
of the Commission on Climate Change Adaptation and 
Mitigation established by this Act, $50,000,000, to remain 
available until the termination of the Commission on Sep-
tember 30, 2009: Provided, That $5,000,000 shall be 
available to the Administrator of the Environmental Pro-
tection Agency for the direct support of the Commission 
in reviewing science challenges related to adaptation and 
mitigation strategies necessitated by climate change, and 
for identification of specific action steps to address these 
challenges: Provided further, That funding allocated for di-
rect support of Commission activities shall include the sal-
aries and expenses of Commission staff, travel and related 
costs of Commission members and for the contractual 
costs of the National Academy of Sciences: Provided fur-
ther, That, not later than July 1, 2008, the remaining 
$45,000,000 shall be transferred by the Administrator to 
agencies or offices of the Federal Government with climate 
science responsibilities for implementation of Commission 
recommendations. 
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The Commission established and financed with this 
appropriation shall consist of the Administrator of the En-
vironmental Protection Agency, the Director of the Na-
tional Science Foundation, the Administrator of the Na-
tional Aeronautics and Space Administration, the Director 
of the United States Geological Survey, the Undersecre-
tary for Science of the Department of Energy, the Admin-
istrator of the National Oceanographic and Atmospheric 
Administration, the Chief of the United States Forest 
Service, the President of the National Academy of 
Sciences, who shall serve as the Commission’s Chairman, 
the President of the National Academy of Engineering, 
and six additional members with appropriate expertise, to 
be selected by the Chairman. 
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, including 
uniforms, or allowances therefor, as authorized by 5 
U.S.C. 5901–5902; services as authorized by 5 U.S.C. 
3109, but at rates for individuals not to exceed the per 
diem rate equivalent to the maximum rate payable for sen-
ior level positions under 5 U.S.C. 5376; hire of passenger 
motor vehicles; hire, maintenance, and operation of air-
craft; purchase of reprints; library memberships in soci-
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eties or associations which issue publications to members 
only or at a price to members lower than to subscribers 
who are not members; construction, alteration, repair, re-
habilitation, and renovation of facilities, not to exceed 
$85,000 per project; and not to exceed $9,000 for official 
reception and representation expenses, $2,375,582,000 
(reduced by $5,000,000) (reduced by $2,500,000) (in-
creased by $2,500,000), to remain available until Sep-
tember 30, 2009, including administrative costs of the 
brownfields program under the Small Business Liability 
Relief and Brownfields Revitalization Act of 2002. 
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, and for construction, 
alteration, repair, rehabilitation, and renovation of facili-
ties, not to exceed $85,000 per project, $43,500,000, to 
remain available until September 30, 2009. 
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, 
$34,801,000, to remain available until expended. 
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HAZARDOUS SUBSTANCE SUPERFUND 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses to carry out the Comprehen-
sive Environmental Response, Compensation, and Liabil-
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), and for construction, alteration, repair, rehabilita-
tion, and renovation of facilities, not to exceed $85,000 
per project; $1,272,008,000, to remain available until ex-
pended, consisting of such sums as are available in the 
Trust Fund on September 30, 2007, as authorized by sec-
tion 517(a) of the Superfund Amendments and Reauthor-
ization Act of 1986 (SARA) and up to $1,272,008,000, 
as a payment from general revenues to the Hazardous 
Substance Superfund for purposes as authorized by sec-
tion 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 appro-
priated under this heading, $10,000,000 shall be paid to 
the ‘‘Office of Inspector General’’ appropriation to remain 
available until September 30, 2009, and $26,126,000 shall 
be paid to the ‘‘Science and Technology’’ appropriation, 
to remain available until September 30, 2009. 
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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, and 
for construction, alteration, repair, rehabilitation, and ren-
ovation of Environmental Protection Agency facilities, not 
to exceed $85,000 per project, $117,961,000 to remain 
available until expended, of which $82,461,000 shall be 
for carrying out leaking underground storage tank cleanup 
activities authorized by section 9003(h) of the Solid Waste 
Disposal Act, as amended; $35,500,000 shall be for car-
rying out the other provisions of the Solid Waste Disposal 
Act specified in section 9508(c) of the Internal Revenue 
Code, as amended: Provided, That the Administrator is 
authorized to use appropriations made available under this 
heading to implement section 9013 of the Solid Waste Dis-
posal Act to provide financial assistance to federally-recog-
nized Indian tribes for the development and implementa-
tion of programs 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, $17,280,000, to be derived from 
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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, 
$3,391,514,000 (increased by $15,000,000), to remain 
available until expended, of which $1,125,000,000 shall be 
for making capitalization grants for the Clean Water State 
Revolving Funds under title VI of the Federal Water Pol-
lution Control Act, as amended (the ‘‘Act’’); of which up 
to $75,000,000 shall be available for loans, including in-
terest 
free 
loans 
as 
authorized 
by 
U.S.C. 
1383(d)(1)(A), to municipal, inter-municipal, interstate, 
or State agencies or nonprofit entities for projects that 
provide treatment for or that minimize sewage or 
stormwater discharges using one or more approaches 
which include, but are not limited to, decentralized or dis-
tributed stormwater controls, decentralized wastewater 
treatment, low-impact development practices, conservation 
easements, stream buffers, or wetlands restoration; 
$842,167,000 shall be for capitalization grants for the 
Drinking Water State Revolving Funds under section 
1452 of the Safe Drinking Water Act, as amended; 
$10,000,000 (increased by $15,000,000) shall be for ar-
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chitectural, engineering, planning, design, construction 
and related activities in connection with the construction 
of high priority water and wastewater facilities in the area 
of the United States-Mexico Border, after consultation 
with the appropriate border commission; $10,500,000 
shall be for grants to the State of Alaska to address drink-
ing water and waste infrastructure 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 expenses; and (3) not later 
than October 1, 2005, the State of Alaska shall make 
awards consistent with the State-wide priority list estab-
lished in 2004 for all water, sewer, waste disposal, and 
similar projects carried out by the State of Alaska that 
are funded under section 221 of the Federal Water Pollu-
tion 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 
provided for projects in regional hub communities; 
$140,000,000 shall be for making special project grants 
for the construction of drinking water, wastewater and 
storm water infrastructure and for water quality protec-
tion, and, for purposes of these grants, each grantee shall 
contribute not less than 45 percent of the cost of the 
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project unless the grantee is approved for a waiver by the 
Agency; $100,000,000 shall be to carry out section 104(k) 
of the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (CERCLA), as 
amended, including grants, interagency agreements, and 
associated program support costs; $50,000,000 shall be 
for grants under title VII, subtitle G of the Energy Policy 
Act of 2005, as amended; and $1,113,847,000 shall be 
for grants, including associated program support costs, to 
States, federally-recognized 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 sec-
tion 103 of the Clean Air Act for particulate matter moni-
toring and data collection activities 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 Environ-
mental Information Exchange Network grants, including 
associated program support costs, $18,500,000 of the 
funds available for grants under section 106 of the Act 
shall 
be 
for 
water 
quality 
monitoring 
activities, 
$25,000,000 shall be for making competitive targeted wa-
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tershed grants, and, in addition to funds appropriated 
under the heading ‘‘Leaking Underground Storage Tank 
Trust Fund Program’’ to carry out the provisions of the 
Solid Waste Disposal Act specified in section 9508(c) of 
the Internal Revenue Code other than section 9003(h) of 
the Solid Waste Disposal Act, as amended, $2,500,000 
shall be for financial assistance to States under section 
2007(f)(2) of the Solid Waste Disposal Act, as amended: 
Provided further, That notwithstanding section 603(d)(7) 
of the Federal Water Pollution Control Act, the limitation 
on the amounts in a State water pollution control revolv-
ing 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 2008 and prior 
years where such amounts represent costs of admin-
istering 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 2008, and notwith-
standing section 518(f) of the Act, the Administrator is 
authorized to use the amounts appropriated for any fiscal 
year under section 319 of that Act to make grants to fed-
erally-recognized Indian tribes pursuant to sections 319(h) 
and 518(e) of that Act: Provided further, That for fiscal 
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year 2008, 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 Revolving Funds 
under title VI of that Act may be reserved by the Adminis-
trator for grants under section 518(c) of that Act: Pro-
vided further, That no funds provided by this appropria-
tions Act to address the water, wastewater and other crit-
ical infrastructure needs of the colonias in the United 
States along the United States-Mexico border shall be 
made available to a county or municipal government un-
less that government has established an enforceable local 
ordinance, or other zoning rule, which prevents in that ju-
risdiction the development or construction of any addi-
tional 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 RESCISSIONS OF FUNDS) 
For fiscal year 2008, 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 
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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 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 
added by subsection (f)(2) of the Pesticide Registration 
Improvement Act of 2003), as amended. 
None of the funds provided in this Act may be used, 
directly or through grants, to pay or to provide reimburse-
ment for payment of the salary of a consultant (whether 
retained by the Federal Government or a grantee) at more 
than the daily equivalent of the rate paid for level IV of 
the Executive Schedule, unless specifically authorized by 
law. 
From unobligated balances to carry out projects and 
activities authorized under section 206(a) of the Federal 
Water Pollution Control Act, $5,000,000 are hereby re-
scinded. 
VerDate Aug 31 2005 
02:48 Jun 29, 2007
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