530 
of November 2, 1921 (25 U.S.C. 13), the Indian Self-De-
termination and Education Assistance Act of 1975 (25 
U.S.C. 450 et seq.), as amended, the Education Amend-
ments of 1978 (25 U.S.C. 2001–2019), and the Tribally 
Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.), 
as amended, $2,371,532,000, to remain available until 
September 30, 2013 except as otherwise provided herein; 
of which not to exceed $8,500 may be for official reception 
and representation expenses; of which not to exceed 
$74,911,000 shall be for welfare assistance payments: 
Provided, That in cases of designated Federal disasters, 
the Secretary may exceed such cap, from the amounts pro-
vided herein, to provide for disaster relief to Indian com-
munities affected by the disaster; of which, notwith-
standing any other provision of law, including but not lim-
ited to the Indian Self-Determination Act of 1975, as 
amended, not to exceed $219,560,000 shall be available 
for payments for contract support costs associated with 
ongoing contracts, grants, compacts, or annual funding 
agreements entered into with the Bureau prior to or dur-
ing fiscal year 2012, as authorized by such Act, except 
that tribes and tribal organizations may use their tribal 
priority allocations for unmet contract support costs of on-
going contracts, grants, or compacts, or annual funding 
agreements and for unmet welfare assistance costs; of 
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which not to exceed $590,484,000 for school operations 
costs of Bureau-funded schools and other education pro-
grams shall become available on July 1, 2012, and shall 
remain available until September 30, 2013; and of which 
not to exceed $48,049,000 shall remain available until ex-
pended for housing improvement, road maintenance, at-
torney fees, litigation support, the Indian Self-Determina-
tion Fund, land records improvement, and the Navajo- 
Hopi Settlement Program: Provided further, That notwith-
standing any other provision of law, including but not lim-
ited to the Indian Self-Determination Act of 1975, as 
amended, and 25 U.S.C. 2008, not to exceed $46,327,000 
within and only from such amounts made available for 
school operations shall be available for administrative cost 
grants associated with ongoing grants entered into with 
the Bureau prior to or during fiscal year 2011 for the 
operation of Bureau-funded schools, and up to $500,000 
within and only from such amounts made available for ad-
ministrative cost grants shall be available for the transi-
tional costs of initial administrative cost grants to grant-
ees that assume operation on or after July 1, 2011, of 
Bureau-funded schools: Provided further, That any for-
estry funds allocated to a tribe which remain unobligated 
as of September 30, 2013, may be transferred during fis-
cal year 2014 to an Indian forest land assistance account 
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established for the benefit of the holder of the funds within 
the holder’s trust fund account: Provided further, That 
any such unobligated balances not so transferred shall ex-
pire on September 30, 2014: Provided further, That in 
order to enhance the safety of Bureau field employees, the 
Bureau may use funds to purchase uniforms or other iden-
tifying articles of clothing for personnel. 
CONSTRUCTION 
(INCLUDING TRANSFER OF FUNDS) 
For construction, repair, improvement, and mainte-
nance of irrigation and power systems, buildings, utilities, 
and other facilities, including architectural and engineer-
ing services by contract; acquisition of lands, and interests 
in lands; and preparation of lands for farming, and for 
construction of the Navajo Indian Irrigation Project pur-
suant to Public Law 87–483, $123,828,000, to remain 
available until expended: Provided, That such amounts as 
may be available for the construction of the Navajo Indian 
Irrigation Project may be transferred to the Bureau of 
Reclamation: Provided further, That not to exceed 6 per-
cent of contract authority available to the Bureau of In-
dian Affairs from the Federal Highway Trust Fund may 
be used to cover the road program management costs of 
the Bureau: Provided further, That any funds provided for 
the Safety of Dams program pursuant to 25 U.S.C. 13 
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533 
shall be made available on a nonreimbursable basis: Pro-
vided further, That for fiscal year 2012, in implementing 
new construction or facilities improvement and repair 
project grants in excess of $100,000 that are provided to 
grant schools under Public Law 100–297, as amended, the 
Secretary of the Interior shall use the Administrative and 
Audit Requirements and Cost Principles for Assistance 
Programs contained in 43 CFR part 12 as the regulatory 
requirements: Provided further, That such grants shall not 
be subject to section 12.61 of 43 CFR; the Secretary and 
the grantee shall negotiate and determine a schedule of 
payments for the work to be performed: Provided further, 
That in considering grant applications, the Secretary shall 
consider whether such grantee would be deficient in assur-
ing that the construction projects conform to applicable 
building standards and codes and Federal, tribal, or State 
health and safety standards as required by 25 U.S.C. 
2005(b), with respect to organizational and financial man-
agement capabilities: Provided further, That if the Sec-
retary declines a grant application, the Secretary shall fol-
low the requirements contained in 25 U.S.C. 2504(f): Pro-
vided further, That any disputes between the Secretary 
and any grantee concerning a grant shall be subject to 
the disputes provision in 25 U.S.C. 2507(e): Provided fur-
ther, That in order to ensure timely completion of con-
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534 
struction projects, the Secretary may assume control of 
a project and all funds related to the project, if, within 
18 months of the date of enactment of this Act, any grant-
ee receiving funds appropriated in this Act or in any prior 
Act, has not completed the planning and design phase of 
the project and commenced construction: Provided further, 
That this appropriation may be reimbursed from the Of-
fice of the Special Trustee for American Indians appro-
priation for the appropriate share of construction costs for 
space expansion needed in agency offices to meet trust re-
form implementation. 
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND 
MISCELLANEOUS PAYMENTS TO INDIANS 
For payments and necessary administrative expenses 
for implementation of Indian land and water claim settle-
ments pursuant to Public Laws 99–264, 100–580, 101– 
618, 108–447, and 111–11, and for implementation of 
other land and water rights settlements, $32,855,000, to 
remain available until expended. 
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT 
For the cost of guaranteed loans and insured loans, 
$7,114,000, of which $964,000 is for administrative ex-
penses, as authorized by the Indian Financing Act of 
1974, as amended: Provided, That such costs, including 
the cost of modifying such loans, shall be as defined in 
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535 
section 502 of the Congressional Budget Act of 1974: Pro-
vided further, That these funds are available to subsidize 
total loan principal, any part of which is to be guaranteed 
or insured, not to exceed $73,365,796. 
ADMINISTRATIVE PROVISIONS 
The Bureau of Indian Affairs may carry out the oper-
ation of Indian programs by direct expenditure, contracts, 
cooperative agreements, compacts, and grants, either di-
rectly or in cooperation with States and other organiza-
tions. 
Notwithstanding 25 U.S.C. 15, the Bureau of Indian 
Affairs may contract for services in support of the man-
agement, operation, and maintenance of the Power Divi-
sion of the San Carlos Irrigation Project. 
Appropriations for the Bureau of Indian Affairs (ex-
cept the Revolving Fund for Loans Liquidating Account, 
Indian Loan Guaranty and Insurance Fund Liquidating 
Account, Indian Guaranteed Loan Financing Account, In-
dian Direct Loan Financing Account, and the Indian 
Guaranteed Loan Program account) shall be available for 
expenses of exhibits. 
Notwithstanding any other provision of law, no funds 
available to the Bureau of Indian Affairs for central office 
oversight and Executive Direction and Administrative 
Services (except executive direction and administrative 
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536 
services funding for Tribal Priority Allocations, regional 
offices, and facilities operations and maintenance) shall be 
available for contracts, grants, compacts, or cooperative 
agreements with the Bureau of Indian Affairs under the 
provisions of the Indian Self-Determination Act or the 
Tribal Self-Governance Act of 1994 (Public Law 103– 
413). 
In the event any tribe returns appropriations made 
available by this Act to the Bureau of Indian Affairs, this 
action shall not diminish the Federal Government’s trust 
responsibility to that tribe, or the government-to-govern-
ment relationship between the United States and that 
tribe, or that tribe’s ability to access future appropria-
tions. 
Notwithstanding any other provision of law, no funds 
available to the Bureau, other than the amounts provided 
herein for assistance to public schools under 25 U.S.C. 
452 et seq., shall be available to support the operation of 
any elementary or secondary school in the State of Alaska. 
Appropriations made available in this or any other 
Act for schools funded by the Bureau shall be available 
only to the schools in the Bureau school system as of Sep-
tember 1, 1996. No funds available to the Bureau shall 
be used to support expanded grades for any school or dor-
mitory beyond the grade structure in place or approved 
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537 
by the Secretary of the Interior at each school in the Bu-
reau school system as of October 1, 1995, except that any 
school or school program that was closed and removed 
from the Bureau school system between 1951 and 1972, 
and its respective tribe’s relationship with the Federal 
Government was terminated, shall be reinstated to the Bu-
reau system and supported at a level based on its grade 
structure and average student enrollment for the 2009– 
2010, 2010–2011 and 2011–2012 school years. Funds 
made available under this Act may not be used to establish 
a charter school at a Bureau-funded school (as that term 
is defined in section 1141 of the Education Amendments 
of 1978 (25 U.S.C. 2021)), except that a charter school 
that is in existence on the date of the enactment of this 
Act and that has operated at a Bureau-funded school be-
fore September 1, 1999, may continue to operate during 
that period, but only if the charter school pays to the Bu-
reau a pro rata share of funds to reimburse the Bureau 
for the use of the real and personal property (including 
buses and vans), the funds of the charter school are kept 
separate and apart from Bureau funds, and the Bureau 
does not assume any obligation for charter school pro-
grams of the State in which the school is located if the 
charter school loses such funding. Employees of Bureau- 
funded schools sharing a campus with a charter school and 
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performing functions related to the charter school’s oper-
ation and employees of a charter school shall not be treat-
ed as Federal employees for purposes of chapter 171 of 
title 28, United States Code. 
Notwithstanding any other provision of law, including 
section 113 of title I of appendix C of Public Law 106– 
113, if in fiscal year 2003 or 2004 a grantee received indi-
rect and administrative costs pursuant to a distribution 
formula based on section 5(f) of Public Law 101–301, the 
Secretary shall continue to distribute indirect and admin-
istrative cost funds to such grantee using the section 5(f) 
distribution formula. 
DEPARTMENTAL OFFICES 
OFFICE OF THE SECRETARY 
DEPARTMENTAL OPERATIONS 
For necessary expenses for management of the De-
partment of the Interior, including the collection and dis-
bursement of royalties, fees, and other mineral revenue 
proceeds, as authorized by law, $262,317,000, to remain 
available until September 30, 2013; of which not to exceed 
$15,000 may be for official reception and representation 
expenses; and of which up to $1,000,000 shall be available 
for workers compensation payments and unemployment 
compensation payments associated with the orderly clo-
sure of the United States Bureau of Mines; and of which 
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539 
$12,712,000 for the Office of Valuation Services is to be 
derived from the Land and Water Conservation Fund and 
shall remain available until expended; and of which 
$38,300,000 shall remain available until expended for the 
purpose of mineral revenue management activities: Pro-
vided, That, for fiscal year 2012, up to $400,000 of the 
payments authorized by the Act of October 20, 1976, as 
amended (31 U.S.C. 6901–6907) may be retained for ad-
ministrative expenses of the Payments in Lieu of Taxes 
Program: Provided further, That no payment shall be 
made pursuant to that Act to otherwise eligible units of 
local government if the computed amount of the payment 
is less than $100: Provided further, That notwithstanding 
any other provision of law, $15,000 under this heading 
shall be available for refunds of overpayments in connec-
tion with certain Indian leases in which the Secretary con-
curred with the claimed refund due, to pay amounts owed 
to Indian allottees or tribes, or to correct prior unrecover-
able erroneous payments: Provided further, That, notwith-
standing the provisions of section 35(b) of the Mineral 
Leasing Act, as amended (30 U.S.C. 191(b)), the Sec-
retary shall deduct 2 percent from the amount payable to 
each State in fiscal year 2012 and deposit the amount de-
ducted to miscellaneous receipts of the Treasury. 
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540 
INSULAR AFFAIRS 
ASSISTANCE TO TERRITORIES 
For expenses necessary for assistance to territories 
under the jurisdiction of the Department of the Interior 
and other jurisdictions identified in section 104(e) of Pub-
lic Law 108–188, $87,997,000, of which: (1) $78,517,000 
shall remain available until expended for territorial assist-
ance, including general technical assistance, maintenance 
assistance, disaster assistance, insular management con-
trols, coral reef initiative activities, and brown tree snake 
control and research; grants to the judiciary in American 
Samoa for compensation and expenses, as authorized by 
law (48 U.S.C. 1661(c)); grants to the Government of 
American Samoa, in addition to current local revenues, for 
construction and support of governmental functions; 
grants to the Government of the Virgin Islands as author-
ized by law; grants to the Government of Guam, as au-
thorized by law; and grants to the Government of the 
Northern Mariana Islands as authorized by law (Public 
Law 94–241; 90 Stat. 272); and (2) $9,480,000 shall be 
available until September 30, 2013 for salaries and ex-
penses of the Office of Insular Affairs: Provided, That all 
financial transactions of the territorial and local govern-
ments herein provided for, including such transactions of 
all agencies or instrumentalities established or used by 
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541 
such governments, may be audited by the Government Ac-
countability Office, at its discretion, in accordance with 
chapter 35 of title 31, United States Code: Provided fur-
ther, That Northern Mariana Islands Covenant grant 
funding shall be provided according to those terms of the 
Agreement of the Special Representatives on Future 
United States Financial Assistance for the Northern Mar-
iana Islands approved by Public Law 104–134: Provided 
further, That the funds for the program of operations and 
maintenance improvement are appropriated to institu-
tionalize routine operations and maintenance improvement 
of capital infrastructure with territorial participation and 
cost sharing to be determined by the Secretary based on 
the grantee’s commitment to timely maintenance of its 
capital assets: Provided further, That any appropriation 
for disaster assistance under this heading in this Act or 
previous appropriations 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, $3,318,000, to 
remain available until expended, as provided for in sec-
tions 221(a)(2) and 233 of the Compact of Free Associa-
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542 
tion 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 Public Law 99– 
658 and Public Law 108–188. 
ADMINISTRATIVE PROVISIONS 
(INCLUDING TRANSFER OF FUNDS) 
At the request of the Governor of Guam, the Sec-
retary may transfer discretionary funds or mandatory 
funds provided under section 104(e) of Public Law 108– 
188 and Public Law 104–134, that are allocated for 
Guam, to the Secretary of Agriculture for the subsidy cost 
of direct or guaranteed loans, plus not to exceed three per-
cent of the amount of the subsidy transferred for the cost 
of loan administration, for the purposes authorized by the 
Rural Electrification Act of 1936 and section 306(a)(1) 
of the Consolidated Farm and Rural Development Act for 
construction and repair projects in Guam, and such funds 
shall remain available until expended: Provided, That such 
costs, including the cost of modifying such loans, shall be 
as defined in section 502 of the Congressional Budget Act 
of 1974: Provided further, That such loans or loan guaran-
tees may be made without regard to the population of the 
area, credit elsewhere requirements, and restrictions on 
the types of eligible entities under the Rural Electrifica-
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543 
tion Act of 1936 and section 306(a)(1) of the Consolidated 
Farm and Rural Development Act: Provided further, That 
any funds transferred to the Secretary of Agriculture shall 
be in addition to funds otherwise made available to make 
or guarantee loans under such authorities. 
OFFICE OF THE SOLICITOR 
SALARIES AND EXPENSES 
For necessary expenses of the Office of the Solicitor, 
$66,296,000. 
OFFICE OF INSPECTOR GENERAL 
SALARIES AND EXPENSES 
For necessary expenses of the Office of Inspector 
General, $49,471,000. 
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, $152,319,000, to remain available 
until expended, of which not to exceed $31,171,000 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-
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544 
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 2012, 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 
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 or less: Provided fur-
ther, 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 
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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. 
DEPARTMENT-WIDE PROGRAMS 
WILDLAND FIRE MANAGEMENT 
(INCLUDING TRANSFERS AND RESCISSION 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, $566,495,000, 
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 
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546 
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 
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 nonprofit youth groups; (3) small or micro- 
businesses; or (4) other entities that will hire or train lo-
cally a significant percentage, defined as 50 percent or 
more, of the project workforce to complete such contracts: 
Provided further, That in implementing this section, the 
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547 
Secretary shall develop written guidance to field units to 
ensure accountability and consistent application of the au-
thorities provided herein: Provided further, That funds ap-
propriated under this heading may be used to reimburse 
the United States Fish and Wildlife Service and the Na-
tional Marine Fisheries Service for the costs of carrying 
out their responsibilities under the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.) to consult and 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 noncompetitive 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 $50,000,000, between the Departments when 
such transfers would facilitate and expedite wildland fire 
management programs and projects: Provided further, 
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548 
That funds provided for wildfire suppression shall be avail-
able for support of Federal emergency response actions: 
Provided further, That funds appropriated under this 
heading shall be available for assistance to or through the 
Department of State in connection with forest and range-
land research, technical information, and assistance in for-
eign countries, and, with the concurrence of the Secretary 
of State, shall be available to support forestry, wildland 
fire management, and related natural resource activities 
outside the United States and its territories and posses-
sions, including technical assistance, education and train-
ing, and cooperation with United States and international 
organizations: Provided further, That before obligating any 
of the funds provided herein for wildland fire suppression, 
the Secretary of the Interior shall obligate all unobligated 
balances previously made available under this heading 
that, when appropriated, were designated by Congress as 
an emergency requirement pursuant to the Concurrent 
Resolution on the Budget or the Balanced Budget and 
Emergency Deficit Control Act of 1985 and notify the 
Committees on Appropriations of the House of Represent-
atives and the Senate in writing of the imminent need to 
begin obligating funds provided herein for wildland fire 
suppression: Provided further, That of the funds made 
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549 
available under this heading for wildland fire suppression 
in fiscal year 2011, $82,000,000 are rescinded. 
FLAME WILDFIRE SUPPRESSION RESERVE FUND 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses for large fire suppression op-
erations of the Department of the Interior and as a re-
serve fund for suppression and Federal emergency re-
sponse activities, $92,000,000, to remain available until 
expended: Provided, That such amounts are available only 
for transfer to the ‘‘Wildland Fire Management’’ account 
and only following a declaration by the Secretary that ei-
ther (1) a wildland fire suppression event meets certain 
previously established risk-based written criteria for sig-
nificant complexity, severity, or threat posed by the fire 
or (2) funds in the ‘‘Wildland Fire Management’’ account 
will be exhausted within 30 days. 
CENTRAL HAZARDOUS MATERIALS FUND 
For necessary expenses of the Department of the In-
terior and any of its component offices and bureaus for 
the response action, including associated activities, per-
formed pursuant to the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act, as amended (42 
U.S.C. 9601 et seq.), $10,149,000, to remain available 
until expended. 
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550 
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.), $6,263,000, to remain available until ex-
pended. 
WORKING CAPITAL FUND 
For the acquisition of a departmental financial and 
business management system, information technology im-
provements of general benefit to the Department, 
strengthening the Department’s acquisition workforce ca-
pacity and capabilities, and consolidation of facilities and 
operations throughout the Department, $62,019,000, to 
remain available until expended: Provided, That such 
funds shall be available for training, recruitment, reten-
tion, and hiring members of the acquisition workforce as 
defined by the Office of Federal Procurement Policy Act 
as amended (41 U.S.C. 401 et seq.): Provided further, 
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551 
That none of the funds appropriated in this Act or any 
other Act may be used to establish reserves in the Working 
Capital Fund account other than for accrued annual leave 
and depreciation of equipment without prior approval of 
the House of Representatives and Senate Committees on 
Appropriations: Provided further, That the Secretary may 
assess reasonable charges to State, local and tribal govern-
ment employees for training services provided by the Na-
tional Indian Program Training Center, other than train-
ing related to Public Law 93–638: Provided further, That 
the Secretary may lease or otherwise provide space and 
related facilities, equipment or professional services of the 
National Indian Program Training Center to State, local 
and tribal government employees or persons or organiza-
tions engaged in cultural, educational, or recreational ac-
tivities (as defined in section 3306(a) of title 40, United 
States Code) at the prevailing rate for similar space, facili-
ties, equipment, or services in the vicinity of the National 
Indian Program Training Center: Provided further, That 
all funds received pursuant to the two preceding provisos 
shall be credited to this account, shall be available until 
expended, and shall be used by the Secretary for necessary 
expenses of the National Indian Program Training Center. 
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552 
ADMINISTRATIVE PROVISION 
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) 
EMERGENCY TRANSFER AUTHORITY—INTRA-BUREAU 
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. 
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553 
EMERGENCY TRANSFER AUTHORITY—DEPARTMENT-WIDE 
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 or 
releases of hazardous substances into the environment; for 
the prevention, suppression, and control of actual or po-
tential grasshopper and Mormon cricket outbreaks on 
lands under the jurisdiction of the Secretary, pursuant to 
the authority in section 417(b) of Public Law 106–224 
(7 U.S.C. 7717(b)); for emergency reclamation projects 
under section 410 of Public Law 95–87; and shall trans-
fer, from any no year funds available to the Office of Sur-
face Mining Reclamation and Enforcement, such funds as 
may be necessary to permit assumption of regulatory au-
thority in the event a primacy State is not carrying out 
the regulatory provisions of the Surface Mining Act: Pro-
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554 
vided, That appropriations made in this title for wildland 
fire operations shall be available for the payment of obliga-
tions incurred during the preceding fiscal year, and for 
reimbursement to other Federal agencies for destruction 
of vehicles, aircraft, or other equipment in connection with 
their use for wildland fire operations, such reimbursement 
to be credited to appropriations currently available at the 
time of receipt thereof: Provided further, That for wildland 
fire operations, no funds shall be made available under 
this authority until the Secretary determines that funds 
appropriated for ‘‘wildland fire operations’’ and ‘‘FLAME 
Wildfire Suppression Reserve Fund’’ shall be exhausted 
within 30 days: Provided further, That all funds used pur-
suant to this section must be replenished by a supple-
mental appropriation which must be requested as prompt-
ly as possible: Provided further, That such replenishment 
funds shall be used to reimburse, on a pro rata basis, ac-
counts from which emergency funds were transferred. 
AUTHORIZED USE OF FUNDS 
SEC. 103. Appropriations made to the Department 
of the Interior in this title shall be available for services 
as authorized by section 3109 of title 5, United States 
Code, when authorized by the Secretary, in total amount 
not to exceed $500,000; purchase and replacement of 
motor vehicles, including specially equipped law enforce-
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555 
ment vehicles; hire, maintenance, and operation of air-
craft; hire of passenger motor vehicles; purchase of re-
prints; payment for telephone service in private residences 
in the field, when authorized under regulations approved 
by the Secretary; and the payment of dues, when author-
ized by the Secretary, for library membership in societies 
or associations which issue publications to members only 
or at a price to members lower than to subscribers who 
are not members. 
AUTHORIZED USE OF FUNDS, INDIAN TRUST 
MANAGEMENT 
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. 
REDISTRIBUTION OF FUNDS, BUREAU OF INDIAN 
AFFAIRS 
SEC. 105. Notwithstanding any other provision of 
law, the Secretary of the Interior is authorized to redis-
tribute any Tribal Priority Allocation funds, including 
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556 
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 2012. Under circumstances of dual 
enrollment, overlapping service areas or inaccurate dis-
tribution methodologies, the 10 percent limitation does not 
apply. 
PAYMENT OF FEES 
SEC. 106. 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. 
Salazar to the extent that such fees and costs are not paid 
by the Department of Justice or by private insurance. In 
no case shall the Secretary make payments under this sec-
tion that would result in payment of hourly fees in excess 
of the highest hourly rate approved by the District Court 
for the District of Columbia for counsel in Cobell v. Sala-
zar. 
EVERGLADES ECOSYSTEM RESTORATION 
SEC. 107. This and any subsequent fiscal year, the 
National Park Service is authorized to implement modi-
fications to the Tamiami Trail as described in, and in ac-
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557 
cordance with, the preferred alternative identified in the 
final environmental impact statement noticed in the Fed-
eral Register on December 14, 2010, (75 Fed. Reg. 
77896), relating to restoration efforts of the Everglades 
ecosystem. 
ELLIS, GOVERNORS, AND LIBERTY ISLANDS 
SEC. 108. 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. 
OUTER CONTINENTAL SHELF INSPECTION FEES 
SEC. 109. (a) In fiscal year 2012, the Secretary shall 
collect a nonrefundable inspection fee, which shall be de-
posited in the ‘‘Ocean Energy Management’’ account, 
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558 
from the designated operator for facilities subject to in-
spection under 43 U.S.C. 1348(c). 
(b) Annual fees shall be collected for facilities that 
are above the waterline, excluding drilling rigs, and are 
in place at the start of the fiscal year. Fees for fiscal year 
2012 shall be: 
(1) $10,500 for facilities with no wells, but with 
processing equipment or gathering lines; 
(2) $17,000 for facilities with 1 to 10 wells, 
with any combination of active or inactive wells; and 
(3) $31,500 for facilities with more than 10 
wells, with any combination of active or inactive 
wells. 
(c) Fees for drilling rigs shall be assessed for all in-
spections completed in fiscal year 2012. Fees for fiscal 
year 2012 shall be: 
(1) $30,500 per inspection for rigs operating in 
water depths of 500 feet or more; and 
(2) $16,700 per inspection for rigs operating in 
water depths of less than 500 feet. 
(d) The Secretary shall bill designated operators 
under subsection (b) within 60 days, with payment re-
quired within 30 days of billing. The Secretary shall bill 
designated operators under subsection (c) within 30 days 
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559 
of the end of the month in which the inspection occurred, 
with payment required within 30 days of billing. 
OIL AND GAS LEASING INTERNET PROGRAM 
SEC. 110. Notwithstanding section 17(b)(1)(A) of the 
Mineral Leasing Act (30 U.S.C. 226(b)(1)(A)), the Sec-
retary of the Interior shall have the authority to establish 
an oil and gas leasing Internet program, under which the 
Secretary may conduct lease sales through methods other 
than oral bidding. 
INDIAN PROBATE JUDGES 
SEC. 111. Section 108 of Public Law 109–54 (the 
Department of the Interior, Environment, and Related 
Agencies Appropriations Act, 2006) is amended by strik-
ing ‘‘in fiscal years 2006 through 2010, for the purpose 
of reducing the backlog of’’ and inserting ‘‘for fiscal year 
2006 and each fiscal year thereafter, for the purpose of 
adjudicating’’. 
BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION 
AND ENFORCEMENT REORGANIZATION 
SEC. 112. The Secretary of the Interior, in order to 
implement a reorganization of the Bureau of Ocean En-
ergy Management, Regulation and Enforcement, may es-
tablish accounts and transfer funds among and between 
the offices and bureaus affected by the reorganization only 
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560 
in conformance with the reprogramming guidelines de-
scribed in the report accompanying this Act. 
AUTHORIZED USE OF INDIAN EDUCATION FUNDS 
SEC. 113. Beginning July 1, 2008, any funds (includ-
ing investments and interest earned, except for construc-
tion funds) held by a Public Law 100–297 grant or a Pub-
lic Law 93–638 contract school shall, upon retrocession 
to or re-assumption by the Bureau of Indian Education, 
remain available to the Bureau of Indian Education for 
a period of 5 years from the date of retrocession or re- 
assumption for the benefit of the programs approved for 
the school on October 1, 1995. 
CONTRACTS AND AGREEMENTS FOR WILD HORSE AND 
BURRO HOLDING FACILITIES 
SEC. 114. (a) Notwithstanding any other provision 
of this Act, the Secretary of the Interior may enter into 
multiyear cooperative agreements with nonprofit organiza-
tions and other appropriate entities, and may enter into 
multiyear contracts in accordance with the provisions of 
section 304B of the Federal Property and Administrative 
Services Act of 1949 (41 U.S.C. 254c) (except that the 
5-year term restriction in subsection (d) shall not apply), 
for the long-term care and maintenance of excess wild free 
roaming horses and burros by such organizations or enti-
ties on private land. Such cooperative agreements and con-
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561 
tracts may not exceed 10 years, subject to renewal at the 
discretion of the Secretary. 
(b) During fiscal year 2012 and subsequent fiscal 
years, in carrying out work involving cooperation with any 
State or political subdivision thereof, the Bureau of Land 
Management may record obligations against accounts re-
ceivable from any such entities. 
BUREAU OF INDIAN EDUCATION OPERATED SCHOOLS 
SEC. 115. (a)(1) Notwithstanding any other provision 
of law or Federal regulation, including section 586(c) of 
title 40, United States Code, the Director of the BIE, or 
the Director’s designee, is authorized to enter into agree-
ments with public and private persons and entities that 
provide for such persons and entities to rent or lease the 
land or facilities of a Bureau-operated school for such pe-
riods of time as the school is Bureau operated, in exchange 
for a consideration (in the form of funds) that benefits 
the school, as determined by the head of the school. 
(2) Funds received under paragraph (1) shall be re-
tained by the school and used for school purposes other-
wise authorized by law. Any funds received under para-
graph (1) are hereby made available until expended for 
such purposes, notwithstanding section 3302 of title 31, 
United States Code. 
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562 
(3) Nothing in this section shall be construed to allow 
for the diminishment of, or otherwise affect, the appro-
priation of funds to the budget accounts for the operation 
and maintenance of Bureau-operated schools. No funds 
shall be withheld from the distribution to the budget of 
any Bureau-operated school due to the receipt by the 
school of a benefit in accordance with this section. 
(b) Notwithstanding any provision of title 5, United 
States Code, or any regulation promulgated under such 
title, education personnel who are under the direction and 
supervision of the Secretary of the Interior may partici-
pate in a fundraising activity for the benefit of a Bureau- 
operated school in an official capacity as part of their offi-
cial duties. When participating in such an official capacity, 
the employee may use the employee’s official title, position, 
and authority. Nothing in this subsection shall be con-
strued to authorize participation in political activity (as 
such term is used in section 7324 of title 5, United States 
Code) otherwise prohibited by law. 
(c) The Secretary of the Interior shall promulgate 
regulations to carry out this section not later than 16 
months after the date of the enactment of this Act. Such 
regulations shall include— 
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563 
(1) standards for the appropriate use of Bu-
reau-operated school lands and facilities by third 
parties under a rental or lease agreement; 
(2) provisions for the establishment and admin-
istration of mechanisms for the acceptance of con-
sideration for the use and benefit of a school in ac-
cordance with this section (including, in appropriate 
cases, the establishment and administration of trust 
funds); 
(3) accountability standards to ensure ethical 
conduct; and 
(4) provisions for monitoring the amount and 
terms of consideration received, the manner in which 
the consideration is used, and any results achieved 
by such use. 
(d) Provisions of this section shall apply to fiscal 
years 2012 through 2014. 
AUTHORIZED USE OF FUNDS 
SEC. 116. Section 3006 of Public Law 111–212 is 
amended by striking ‘‘For fiscal years 2010 and 2011’’ 
and inserting ‘‘For fiscal years 2010 through 2012’’. 
MASS MARKING OF SALMONIDS 
SEC. 117. The United States Fish and Wildlife Serv-
ice shall, in carrying out its responsibilities to protect 
threatened and endangered species of salmon, implement 
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564 
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. 
PROHIBITION ON USE OF FUNDS 
SEC. 118. (a) Any proposed new use of the Arizona 
& California Railroad Company’s Right of Way for convey-
ance of water shall not proceed unless the Secretary of 
the Interior certifies that the proposed new use is within 
the scope of the Right of Way. 
(b) No funds appropriated or otherwise made avail-
able to the Department of the Interior may be used, in 
relation to any proposal to store water underground for 
the purpose of export, for approval of any right-of-way or 
similar authorization on the Mojave National Preserve or 
lands managed 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. 
YUKON-CHARLEY NATIONAL PRESERVE 
SEC. 119. None of the funds made available by this 
Act may be used by the Secretary of the Interior to imple-
ment or enforce regulations concerning boating within 
Yukon-Charley National Preserve, including waters sub-
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565 
ject to the jurisdiction of the United States, pursuant to 
section 3(h) of Public Law 91–383 (16 U.S.C. 1a–2(h)) 
or any other authority. This section does not affect the 
authority of the Coast Guard to regulate the use of waters 
subject to the jurisdiction of the United States within the 
Yukon-Charley National Preserve. 
REPUBLIC OF PALAU 
SEC. 120. (a) IN GENERAL.—Subject to subsection 
(c), the United States Government, through the Secretary 
of the Interior shall provide to the Government of Palau 
for fiscal year 2012 grants in amounts equal to the annual 
amounts specified in subsections (a), (c), and (d) of sec-
tion 211 of the Compact of Free Association between the 
Government of the United States of America and the Gov-
ernment of Palau (48 U.S.C. 1931 note) (referred to in 
this section as the ‘‘Compact’’). 
(b) PROGRAMMATIC ASSISTANCE.—Subject to sub-
section (c), the United States shall provide programmatic 
assistance to the Republic of Palau for fiscal year 2012 
in amounts equal to the amounts provided in subsections 
(a) and (b)(1) of section 221 of the Compact. 
(c) LIMITATIONS ON ASSISTANCE.— 
(1) IN
GENERAL.—The grants and pro-
grammatic assistance provided under subsections (a) 
and (b) shall be provided to the same extent and in 
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the same manner as the grants and assistance were 
provided in fiscal year 2009. 
(2) TRUST FUND.—If the Government of Palau 
withdraws more than $5,000,000 from the trust 
fund established under section 211(f) of the Com-
pact, amounts to be provided under subsections (a) 
and (b) shall be withheld from the Government of 
Palau. 
HIRING AUTHORITIES 
SEC. 121. (a) DIRECT HIRE AUTHORITY.— 
(1) During fiscal year 2012 and thereafter, the 
Secretary of the Interior may appoint, without re-
gard to the provisions of subchapter I of chapter 33 
of title 5, United States Code, other than sections 
3303 and 3328 of such title, a qualified candidate 
described in paragraph (1) directly to a position with 
a land managing agency of the Department of the 
Interior for which the candidate meets Office of Per-
sonnel Management qualification standards. 
(2) Paragraph (1) applies with respect to a 
former resource assistant (as defined in section 203 
of the Public Land Corps Act (16 U.S.C. 1722)) 
who— 
(A) completed a rigorous undergraduate or 
graduate summer internship with a land man-
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567 
aging agency, such as the National Park Serv-
ice Business Plan Internship; 
(B) successfully fulfilled the requirements 
of the internship program; and 
(C) subsequently earned an undergraduate 
or graduate degree from an accredited institu-
tion of higher education. 
(3) The direct hire authority under this sub-
section may not be exercised with respect to a spe-
cific qualified candidate after the end of the two- 
year period beginning on the date on which the can-
didate completed the undergraduate or graduate de-
gree, as the case may be. 
(b) LOCAL HIRE AUTHORITY.—Section 1308 of the 
Alaska National Interest Lands Conservation Act of 1980 
(16 U.S.C. 3198) is amended— 
(1) in subsection (a), by striking ‘‘establish a 
program’’ and inserting ‘‘establish an excepted serv-
ice appointment authority,’’; 
(2) in subsection (b), by striking ‘‘competitive 
service as defined in section 2102 of such title for 
which such person is eligible under subchapter I of 
chapter 33 of such title, in selection to such posi-
tion’’ and inserting ‘‘excepted service as defined in 
section 2103 of such title’’; 
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(3) in subsection (e), by redesignating para-
graph (2) as paragraph (3) and inserting after para-
graph (1) the following new paragraph (2): 
‘‘(2) CONVERSION TO COMPETITIVE SERVICE.— 
Employees who satisfactorily complete two years of 
continuous service in a permanent appointment 
made under subsection (a) and who meet satisfac-
tory performance and competitive service qualifica-
tion requirements shall have their appointment con-
verted to competitive service career-conditional or 
career employment as appropriate. This paragraph 
applies to individuals appointed on or after March 
30, 2009. An employee who does not meet competi-
tive service qualification requirements after two 
years of continuous service in an appointment made 
under subsection (a) shall be converted upon meet-
ing such qualification requirements. Temporary and 
time-limited appointments will be made in the ex-
cepted service. There is no provision for conversion 
to competitive service when appointments are time- 
limited.’’. 
(c) GULF
OF MEXICO REGION.—For fiscal years 
2012 and 2013, funds made available in this title for the 
Bureau of Ocean Energy Management and the Bureau of 
Safety and Environmental Enforcement may be used by 
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the Secretary of the Interior to establish higher minimum 
rates of basic pay for employees of the Department of the 
Interior in the Gulf of Mexico Region in the Geophysicist 
(GS–1313), Geologist (GS–1350), and Petroleum Engi-
neer (GS–0881) job series at grades 5 through 15 at rates 
no greater than 25 percent above the minimum rates of 
basic pay normally scheduled, and such higher rates shall 
be consistent with the subsections (e) through (h) of sec-
tion 5305 of title 5, United States Code. 
BUREAU OF LAND MANAGEMENT ACTIONS REGARDING 
GRAZING ON PUBLIC LANDS 
SEC. 122. (a) EXHAUSTION OF ADMINISTRATIVE RE-
VIEW REQUIRED.— 
(1) For fiscal years 2012 and 2013 only, a per-
son may bring a civil action challenging a decision 
of the Bureau of Land Management concerning 
grazing on public lands (as defined in section 103(e) 
of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1702(e))) in a Federal district 
court only if the person has exhausted the adminis-
trative hearings and appeals procedures established 
by the Department of the Interior, including having 
filed a timely appeal and a request for stay. 
(2) An issue may be considered in the judicial 
review of a decision referred to in paragraph (1) 
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only if the issue was raised in the administrative re-
view process described in such paragraph. 
(3) An exception to the requirement of exhaust-
ing the administrative review process before seeking 
judicial review shall be available if a Federal court 
finds that the agency failed or was unable to make 
information timely available during the administra-
tive review process for issues of material fact. For 
the purposes of this paragraph, the term ‘‘timely’’ 
means within 120 calendar days after the date that 
the challenge to the agency action or amendment at 
issue is received for administrative review. 
(b) ACCEPTANCE OF DONATION OF CERTAIN EXIST-
ING PERMITS OR LEASES.— 
(1) During fiscal year 2012 and thereafter, the 
Secretary of the Interior shall accept the donation of 
any valid existing permits or leases authorizing graz-
ing on public lands within the California Desert 
Conservation Area. With respect to each permit or 
lease donated under this paragraph, the Secretary 
shall terminate the grazing permit or lease, ensure 
a permanent end (except as provided in paragraph 
(2)), to grazing on the land covered by the permit 
or lease, and make the land available for mitigation 
by allocating the forage to wildlife use consistent 
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with any applicable Habitat Conservation Plan, sec-
tion 10(a)(1)(B) permit, or section 7 consultation 
under the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.). 
(2) If the land covered by a permit or lease do-
nated under paragraph (1) is also covered by an-
other valid existing permit or lease that is not do-
nated under such paragraph, the Secretary of the 
Interior shall reduce the authorized grazing level on 
the land covered by the permit or lease to reflect the 
donation of the permit or lease under paragraph (1). 
To ensure that there is a permanent reduction in the 
level of grazing on the land covered by a permit or 
lease donated under paragraph (1), the Secretary 
shall not allow grazing use to exceed the authorized 
level under the remaining valid existing permit or 
lease that is not donated. 
TRAILING LIVESTOCK OVER PUBLIC LAND 
SEC. 123. During fiscal years 2012 through 2013 
only, the Bureau of Land Management may, at its sole 
discretion, review planning and implementation decisions 
regarding the trailing of livestock across public lands, in-
cluding, but not limited to, issuance of crossing or trailing 
authorizations or permits, under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). Tem-
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porary trailing or crossing authorizations across public 
lands shall not be subject to protest and/or appeal under 
subpart E of part 4 of title 43, Code of Federal Regula-
tions, and subpart 4160 of part 4100 of such title. 
LEASE AUTHORIZATION 
SEC. 124. (a) IN GENERAL.—The Secretary of the 
Interior (referred to in this section as the ‘‘Secretary’’) 
may lease to the Savannah Bar Pilots Association, or a 
successor organization, no more than 30,000 square feet 
of land and improvements within Fort Pulaski National 
Monument (referred to in this section as the ‘‘Monu-
ment’’) at the location on Cockspur Island that has been 
used continuously by the Savannah Bar Pilots Association 
since 1940. 
(b) RENTAL FEE AND PROCEEDS.— 
(1) RENTAL FEE.—For the lease authorized by 
this Act, the Secretary shall require a rental fee 
based on fair market value adjusted, as the Sec-
retary deems appropriate, for amounts to be ex-
pended by the lessee for property preservation, 
maintenance, or repair and related expenses. 
(2) PROCEEDS.—Disposition of the proceeds 
from the rental fee required pursuant to paragraph 
(1) shall be made in accordance with section 3(k)(5) 
of Public Law 91–383 (16 U.S.C. 1a–2(k)(5)). 
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(c) TERMS AND CONDITIONS.—A lease entered into 
under this section— 
(1) shall be for a term of no more than 10 
years and, at the Secretary’s discretion, for succes-
sive terms of no more than 10 years at a time; and 
(2) shall include any terms and conditions the 
Secretary determines to be necessary to protect the 
resources of the Monument and the public interest. 
(d) EXEMPTION FROM APPLICABLE LAW.—Except 
as provided in section 2(b)(2) of this Act, the lease author-
ized by this Act shall not be subject to section 3(k) of 
Public Law 91–383 (16 U.S.C. 1a–2(k)) or section 321 
of Act of June 30, 1932 (40 U.S.C. 1302). 
WILD LANDS FUNDING PROHIBITION 
SEC. 125. None of the funds made available in this 
Act or any other Act may be used to implement, admin-
ister, or enforce Secretarial Order No. 3310 issued by the 
Secretary of the Interior on December 22, 2010: Provided, 
That nothing in this section shall restrict the Secretary’s 
authorities under sections 201 and 202 of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 
1711 and 1712). 
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574 
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, $795,000,000, to 
remain available until September 30, 2013. 
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 
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-
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575 
tation expenses, $2,682,514,000, to remain available until 
September 30, 2013: Provided, That of the funds included 
under this heading, not less than $410,375,000 shall be 
for 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, $42,000,000, to remain 
available until September 30, 2013. 
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, 
$36,428,000, 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-
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) $1,215,753,000, to remain available until expended, 
consisting of such sums as are available in the Trust Fund 
on September 30, 2011, as authorized by section 517(a) 
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576 
of the Superfund Amendments and Reauthorization Act 
of 1986 (SARA) and up to $1,215,753,000 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, $9,955,000 shall be paid to the ‘‘Office of 
Inspector General’’ appropriation to remain available until 
September 30, 2013, and $23,016,000 shall be paid to the 
‘‘Science and Technology’’ appropriation to remain avail-
able until September 30, 2013. 
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, 
$104,309,000, to remain available until expended, of 
which $73,809,000 shall be for carrying out leaking un-
derground storage tank cleanup activities authorized by 
section 9003(h) of the Solid Waste Disposal Act, as 
amended; $30,500,000 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: 
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577 
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. 
INLAND OIL SPILL PROGRAMS 
For expenses necessary to carry out the Environ-
mental Protection Agency’s responsibilities under the Oil 
Pollution Act of 1990, $18,274,000, 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, 
$3,618,727,000, to remain available until expended, of 
which $1,468,806,000 shall be for making capitalization 
grants for the Clean Water State Revolving Funds under 
title VI of the Federal Water Pollution Control Act, as 
amended (the ‘‘Act’’); of which $919,363,000 shall be for 
making capitalization grants for the Drinking Water State 
Revolving Funds under section 1452 of the Safe Drinking 
Water Act, as amended: Provided, That for fiscal year 
2012, to the extent there are sufficient eligible project ap-
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plications, not less than 10 percent of the funds made 
available under this title to each State for Clean Water 
State Revolving Fund capitalization grants shall be used 
by the State for projects to address green infrastructure, 
water or energy efficiency improvements, or other environ-
mentally innovative activities: Provided further, That for 
fiscal year 2012, funds made available under this title to 
each State for Drinking Water State Revolving Fund cap-
italization grants may, at the discretion of each State, be 
used for projects to address green infrastructure, water 
or energy efficiency improvements, or other environ-
mentally innovative activities; $5,000,000 shall be for ar-
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; $10,000,000 
shall be for grants to the State of Alaska to address drink-
ing water and wastewater infrastructure needs of rural 
and Alaska Native Villages: Provided further, 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) the State of Alaska shall make awards consistent 
with the State-wide priority list established in conjunction 
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579 
with the Agency and the U.S. Department of Agriculture 
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 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 allo-
cate not less than 25 percent of the funds provided for 
projects in regional hub communities; $95,000,000 shall 
be to carry out section 104(k) of the Comprehensive Envi-
ronmental Response, Compensation, and Liability Act of 
1980 (CERCLA), as amended, including grants, inter-
agency agreements, and associated program support costs; 
$30,000,000 shall be for grants under title VII, subtitle 
G of the Energy Policy Act of 2005, as amended; and 
$1,090,558,000 shall be for grants, including associated 
program support costs, to States, federally recognized 
tribes, interstate agencies, tribal consortia, and air pollu-
tion control agencies for multi-media or single media pol-
lution prevention, control and abatement and related ac-
tivities, 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 activi-
ties subject to terms and conditions specified by the Ad-
ministrator, of which $49,396,000 shall be for carrying 
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out section 128 of CERCLA, as amended, $9,980,000 
shall be for Environmental Information Exchange Net-
work grants, including associated program support costs, 
$18,463,000 of the funds available for grants under sec-
tion 106 of the Act shall be for State participation in 
national- and State-level statistical surveys of water re-
sources and enhancements to State monitoring programs, 
and, in addition to funds appropriated under the heading 
‘‘Leaking Underground Storage Tank Trust Fund Pro-
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, $1,550,000 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 2012 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, 
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including administration: Provided further, That for fiscal 
year 2012, 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 2012, notwithstanding the 
limitation on amounts in section 518(c) of the Federal 
Water Pollution Control Act and section 1452(i) of the 
Safe Drinking Water Act, up to a total of 2 percent of 
the funds appropriated for State Revolving Funds under 
such Acts may be reserved by the Administrator for grants 
under section 518(c) and section 1452(i) of such Acts: 
Provided further, That for fiscal year 2012, notwith-
standing the amounts specified in section 205(c) of the 
Federal Water Pollution Control Act, up to 1.5 percent 
of the aggregate funds appropriated for the Clean Water 
State Revolving Fund program under the Act less any 
sums reserved under section 518(c) of the Act, may be 
reserved by the Administrator for grants made under title 
II of the Clean Water Act for American Samoa, Guam, 
the Commonwealth of the Northern Marianas, and United 
States Virgin Islands: Provided further, That for fiscal 
year 2012, notwithstanding the limitations on amounts 
specified in section 1452(j) of the Safe Drinking Water 
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Act, up to 1.5 percent of the funds appropriated for the 
Drinking Water State Revolving Fund programs under 
the Safe Drinking Water Act may be reserved by the Ad-
ministrator for grants made under section 1452(j) of the 
Safe Drinking Water Act: Provided further, That not less 
than 20 percent but not more than 30 percent of the funds 
made available under this title to each State for Clean 
Water State Revolving Fund capitalization grants and not 
less than 20 percent but not more than 30 percent of the 
funds made available under this title to each State for 
Drinking Water State Revolving Fund capitalization 
grants shall be used by the State to provide additional sub-
sidy to eligible recipients in the form of forgiveness of 
principal, negative interest loans, or grants (or any com-
bination of these), and shall be so used by the State only 
where such funds are provided as initial financing for an 
eligible recipient or to buy, refinance, or restructure the 
debt obligations of eligible recipients only where such debt 
was incurred on or after the date of enactment of this 
Act, except that for the Clean Water State Revolving 
Fund capitalization grant appropriation this section shall 
only apply to the portion that exceeds $1,000,000,000: 
Provided further, That no funds provided by this appro-
priations Act to address the water, wastewater and other 
critical infrastructure needs of the colonias in the United 
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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: Provided further, That for fiscal 
year 2012 and hereafter, the Administrator may transfer 
funds provided for tribal set-asides through funds appro-
priated for the Clean Water State Revolving Funds and 
for the Drinking Water State Revolving Funds between 
those accounts in such manner as the Administrator 
deems appropriate, but not to exceed the transfer limits 
given to States under section 302(a) of Public Law 104– 
182. 
ADMINISTRATIVE PROVISIONS—ENVIRONMENTAL 
PROTECTION AGENCY 
(INCLUDING TRANSFER AND RESCISSION OF FUNDS) 
For fiscal year 2012, 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 
amended by Public Law 110–94, the Pesticide Registra-
tion Improvement Renewal Act. 
The Administrator is authorized to transfer up to 
$300,000,000 of the funds appropriated for the Great 
Lakes Restoration Initiative under the heading ‘‘Environ-
mental Programs and Management’’ to the head of any 
Federal department or agency, with the concurrence of 
such head, to carry out activities that would support the 
Great Lakes Restoration Initiative and Great Lakes 
Water Quality Agreement programs, projects, or activities; 
to enter into an interagency agreement with the head of 
such Federal department or agency to carry out these ac-
tivities; and to make grants to governmental entities, non-
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585 
profit organizations, institutions, and individuals for plan-
ning, research, monitoring, outreach, and implementation 
in furtherance of the Great Lakes Restoration Initiative 
and the Great Lakes Water Quality Agreement. 
From unobligated balances available to the Adminis-
trator 
of 
the 
Environmental 
Protection 
Agency, 
$50,000,000 are permanently rescinded: Provided, That of 
these funds, $5,000,000 shall be rescinded from unobli-
gated balances within the ‘‘Hazardous Substance Super-
fund’’ account; $5,000,000 shall be rescinded from unobli-
gated Brownfields balances within the ‘‘State and Tribal 
Assistance Grants’’ account; $5,000,000 shall be re-
scinded from unobligated Mexico Border balances within 
the ‘‘State and Tribal Assistance Grants’’ account; 
$5,000,000 shall be rescinded from unobligated Diesel 
Emissions Reduction Act balances within the ‘‘State and 
Tribal Assistance Grants’’ account; $20,000,000 shall be 
rescinded from unobligated categorical grant balances 
within the ‘‘State and Tribal Assistance Grants’’ account; 
and $10,000,000 shall be rescinded from unobligated 
Clean Water State Revolving Funds balances within the 
‘‘State and Tribal Assistance Grants’’ account: Provided 
further, That no amounts may be rescinded from amounts 
that were designated by the Congress as an emergency re-
quirement pursuant to the Concurrent Resolution on the 
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Budget or the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended. 
For fiscal year 2012 and each fiscal year thereafter, 
the requirements of section 513 of the Federal Water Pol-
lution Control Act (33 U.S.C. 1372) shall apply to the 
construction of treatment works carried out in whole or 
in part with assistance made available by a State water 
pollution control revolving fund as authorized by title VI 
of that Act (33 U.S.C. 1381 et seq.), or with assistance 
made available under section 205(m) of that Act (33 
U.S.C. 1285(m)), or both. 
For fiscal year 2012 and each fiscal year thereafter, 
the requirements of section 1450(e) of the Safe Drinking 
Water Act (42 U.S.C. 300j–9(e)) shall apply to any con-
struction project carried out in whole or in part with as-
sistance made available by a drinking water treatment re-
volving loan fund as authorized by section 1452 of that 
Act (42 U.S.C. 300j–12). 
Notwithstanding section 104 of the Comprehensive 
Environmental Response, Compensation, and Liability Act 
(42 U.S.C. 9604), the Administrator may authorize the 
expenditure or transfer of up to $10,000,000 from any 
appropriation in this title, in addition to the amounts in-
cluded in the ‘‘Inland Oil Spill Programs’’ account, for 
removal activities related to actual oil spills 5 days after 
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notifying the House and Senate Committees on Appropria-
tions of the intention to expend or transfer such funds: 
Provided, That no funds shall be expended or transferred 
under this authority until the Administrator determines 
that amounts made available for expenditure in the ‘‘In-
land Oil Spill Programs’’ account will be exhausted within 
30 days: Provided further, That such funds shall be replen-
ished to the appropriation that was the source of the ex-
penditure or transfer, following EPA’s receipt of reim-
bursement from the Oil Spill Liability Trust Fund pursu-
ant to the Oil Pollution Act of 1990. 
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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, $295,773,000, to remain 
available until expended: Provided, That of the funds pro-
vided, $64,372,000 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-
ized, $253,331,000, to remain available until expended, as 
authorized by law; of which $53,388,000 is to be derived 
from the Land and Water Conservation Fund. 
NATIONAL FOREST SYSTEM 
For necessary expenses of the Forest Service, not 
otherwise provided for, for management, protection, im-
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provement, and utilization of the National Forest System, 
$1,556,628,000, to remain available until expended: Pro-
vided, That of the funds provided, $336,049,000 shall be 
for forest products: Provided further, That of the funds 
provided, $40,000,000 shall be deposited in the Collabo-
rative Forest Landscape Restoration Fund for ecological 
restoration treatments as authorized by 16 U.S.C. 
7303(f): Provided further, That of the funds provided, up 
to $68,000,000 is for the Integrated Resource Restoration 
pilot program for Region 1, Region 3 and Region 4: Pro-
vided further, That of the funds provided for forest prod-
ucts, up to $44,585,000 may be transferred to support 
the Integrated Resource Restoration pilot program in the 
preceding proviso. 
CAPITAL IMPROVEMENT AND MAINTENANCE 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Forest Service, not 
otherwise provided for, $394,721,000, to remain available 
until expended, for construction, capital improvement, 
maintenance and acquisition of buildings and other facili-
ties and infrastructure; and for construction, reconstruc-
tion, decommissioning (including decommissioning unau-
thorized roads not part of the transportation system), and 
maintenance of forest roads and trails by the Forest Serv-
ice as authorized by 16 U.S.C. 532–538 and 23 U.S.C. 
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101 and 205: Provided, That $45,000,000 shall be des-
ignated for urgently needed road decommissioning, road 
and trail repair and maintenance and associated activities, 
and removal of fish passage barriers, especially in areas 
where Forest Service roads may be contributing to water 
quality problems in streams and water bodies which sup-
port threatened, endangered, or sensitive species or com-
munity water sources: Provided further, That funds be-
coming available in fiscal year 2012 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 avail-
able for transfer or obligation for any other purpose unless 
the funds are appropriated: Provided further, That of the 
funds provided for decommissioning of roads, up to 
$13,000,000 may be transferred to the ‘‘National Forest 
System’’ to support the Integrated Resource Restoration 
pilot program. 
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 ad-
ministrative expenses, and for acquisition of land or 
waters, or interest therein, in accordance with statutory 
authority applicable to the Forest Service, $52,605,000, 
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591 
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, $955,000, 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. 460l–516–617a, 555a; Public Law 
96–586; Public Law 76–589, 76–591; and Public Law 
78–310). 
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-
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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), 
$45,000, 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), $2,577,000, 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 re-
duction on or adjacent to such lands, and for emergency 
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593 
rehabilitation of burned-over National Forest System 
lands and water, $1,737,631,000, 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, $7,262,000 of funds 
appropriated under this appropriation shall be available 
for the Forest Service in support of fire science research 
authorized by the Joint Fire Science Program, including 
all Forest Service authorities for the use of funds, such 
as contracts, grants, research joint venture agreements, 
and cooperative agreements: Provided further, That all au-
thorities for the use of funds, including the use of con-
tracts, grants, and cooperative agreements, available to 
execute the Forest and Rangeland Research appropria-
tion, are also available in the utilization of these funds 
for Fire Science Research: Provided further, That funds 
provided shall be available for emergency rehabilitation 
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594 
and restoration, hazardous fuels reduction activities in the 
urban-wildland interface, support to Federal emergency 
response, and wildfire suppression activities of the Forest 
Service: Provided further, That of the funds provided, 
$317,584,000 is for hazardous fuels reduction activities, 
$21,734,000 is for research activities and to make com-
petitive research grants pursuant to the Forest and 
Rangeland Renewable Resources Research Act, as amend-
ed (16 U.S.C. 1641 et seq.), $55,564,000 is for State fire 
assistance, $6,366,000 is for volunteer fire assistance, 
$15,983,000 is for forest health activities on Federal lands 
and $8,366,000 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 assist-
ance, volunteer fire assistance, forest health management, 
forest and rangeland research, the Joint Fire Science Pro-
gram, vegetation and watershed management, heritage 
site rehabilitation, and wildlife and fish habitat manage-
ment and restoration: Provided further, That the costs of 
implementing any cooperative agreement between the Fed-
eral Government and any non-Federal entity may be 
shared, as mutually agreed on by the affected parties: Pro-
vided further, That up to $15,000,000 of the funds pro-
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595 
vided herein may be used by the Secretary of Agriculture 
to enter into procurement contracts or cooperative agree-
ments or to issue grants for hazardous fuels reduction and 
for training or monitoring associated with such hazardous 
fuels reduction activities on Federal land or on non-Fed-
eral land if the Secretary determines such activities imple-
ment a community wildfire protection plan (or equivalent) 
and benefit resources on Federal land: 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 accord-
ance with authorities made 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 wildland fire management, in 
an aggregate amount not to exceed $50,000,000, between 
the Departments when such transfers would facilitate and 
expedite wildland fire management programs and projects: 
Provided further, That of the funds provided for hazardous 
fuels reduction, not to exceed $5,000,000 may be used to 
make grants, using any authorities available to the Forest 
Service under the ‘‘State and Private Forestry’’ appro-
priation, for the purpose of creating incentives for in-
creased use of biomass from National Forest System 
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596 
lands: Provided further, That no amounts may be cancelled 
from amounts that were designated by the Congress as 
an emergency requirement pursuant to the Concurrent 
Resolution on the Budget or the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended: Pro-
vided further, That before obligating any of the funds pro-
vided herein for wildland fire suppression, the Secretary 
of Agriculture shall obligate all unobligated balances pre-
viously made available under this heading (including the 
unobligated balances transferred to Forest Service ac-
counts under this heading by division B of the Consoli-
dated Security, Disaster Assistance, and Continuing Ap-
propriations Act, 2009 (Public Law 110–329, 122 Stat. 
3594)) that, when appropriated, were designated by Con-
gress as an emergency requirement pursuant to the Con-
current Resolution on the Budget or the Balanced Budget 
and Emergency Deficit Control Act of 1985 and notify 
the Committees on Appropriations of the House of Rep-
resentatives and the Senate in writing of the imminent 
need to begin obligating funds provided herein for wildland 
fire suppression: Provided further, That funds designated 
for wildfire suppression, including funds transferred from 
the ‘‘FLAME Wildfire Suppression Reserve Fund’’, shall 
be assessed for cost pools on the same basis as such as-
sessments are calculated against other agency programs: 
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597 
Provided further, That of the funds for hazardous fuels 
reduction, up to $21,000,000 may be transferred to the 
‘‘National Forest System’’ to support the Integrated Re-
source Restoration pilot program. 
FLAME WILDFIRE SUPPRESSION RESERVE FUND 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses for large fire suppression op-
erations of the Department of Agriculture and as a reserve 
fund for suppression and Federal emergency response ac-
tivities, $315,886,000, to remain available until expended: 
Provided, That such amounts are available only for trans-
fer to the ‘‘Wildland Fire Management’’ account and only 
following a declaration by the Secretary that either (1) 
a wildland fire suppression event meets certain previously 
established risk-based written criteria for significant com-
plexity, severity, or threat posed by the fire or (2) funds 
in the ‘‘Wildland Fire Management’’ account will be ex-
hausted within 30 days. 
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, operation, maintenance, and acquisition of aircraft 
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598 
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 
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 the Secretary’s notification of the 
House and Senate Committees on Appropriations that all 
fire suppression funds appropriated under the headings 
‘‘Wildland Fire Management’’ and ‘‘FLAME Wildfire 
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599 
Suppression Reserve Fund’’ will be obligated within 30 
days: Provided, That all funds used pursuant to this para-
graph must be replenished by a supplemental appropria-
tion which must be requested as promptly as possible. 
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-
nical assistance, education and training, and cooperation 
with U.S., private, and international organizations. The 
Forest Service, acting for the International Program, may 
sign direct funding agreements with foreign governments 
and institutions as well as other domestic agencies (includ-
ing the U.S. Agency for International Development, the 
Department of State, and the Millennium Challenge Cor-
poration), U.S. private sector firms, institutions and orga-
nizations to provide technical assistance and training pro-
grams overseas on forestry and rangeland management. 
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 
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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 $82,000,000 of funds available to the 
Forest Service shall be transferred to the Working Capital 
Fund of the Department of Agriculture and not more than 
$14,500,000 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 
from the Department of Agriculture’s National Informa-
tion Technology Center. Nothing in this paragraph shall 
limit the Forest Service portion of implementation costs 
to be paid to the Department of Agriculture for the Finan-
cial Management Modernization Initiative. 
Of the funds available to the Forest Service up to 
$5,000,000 shall be available for priority projects within 
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601 
the scope of the approved budget, which shall be carried 
out by the Youth Conservation Corps and shall be carried 
out under the authority of the Public Lands Corps Act 
of 1993, Public Law 103–82, as amended by 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 
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, 
up to $3,000,000 may be advanced in a lump sum to the 
National Forest Foundation to aid conservation partner-
ship projects in support of the Forest Service mission, 
without regard to when the Foundation incurs expenses, 
for projects on or benefitting National Forest System 
lands or related to Forest Service programs: Provided, 
That of the Federal funds made available to the Founda-
tion, no more than $300,000 shall be available for admin-
istrative expenses: Provided further, That the Foundation 
shall obtain, by the end of the period of Federal financial 
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 transfer Fed-
eral funds to a Federal or a non-Federal recipient for a 
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602 
project at the same rate that the recipient has obtained 
the non-Federal matching funds: Provided further, That 
authorized investments of Federal funds held by the Foun-
dation 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 
may 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. 
Funds appropriated to the Forest Service shall be 
available for payments to counties within the Columbia 
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603 
River Gorge National Scenic Area, pursuant to section 
14(c)(1) and (2), and section 16(a)(2) of Public Law 99– 
663. 
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 
$55,000,000, shall be assessed for the purpose of per-
forming fire, administrative and other facilities mainte-
nance and decommissioning. Such assessments shall occur 
using a square foot rate charged on the same basis the 
agency uses to assess programs for payment of rent, utili-
ties, 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-
sult of OGC assistance or participation requested by the 
Forest Service at meetings, training sessions, management 
reviews, land purchase negotiations and similar nonlitiga-
tion-related matters. Future budget justifications for both 
the Forest Service and the Department of Agriculture 
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604 
should clearly display the sums previously transferred and 
the requested funding transfers. 
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. 
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, $3,872,377,000, 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 
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605 
tribe or tribal organization without fiscal year limitation: 
Provided further, That $844,927,000 for contract medical 
care, including $51,500,000 for the Indian Catastrophic 
Health Emergency Fund, shall remain available until ex-
pended: Provided further, That of the funding provided for 
information technology activities and, notwithstanding any 
other provision of law, $4,000,000 shall be allocated at 
the discretion of the Director of the Indian Health Service: 
Provided further, That of the funds provided, up to 
$36,000,000 shall remain available until expended for im-
plementation of the loan repayment program under section 
108 of the Indian Health Care Improvement Act: Provided 
further, That the amounts collected by the Federal Gov-
ernment as authorized by sections 104 and 108 of the In-
dian Health Care Improvement Act (25 U.S.C. 1613a and 
1616a) during the preceding fiscal year for breach of con-
tracts shall be deposited to the Fund authorized by section 
108A of the Act (25 U.S.C. 1616a–1) and shall remain 
available until expended and, notwithstanding section 
108A(c) of the Act (25 U.S.C. 1616a–1(c)), funds shall 
be available to make new awards under the loan repay-
ment and scholarship programs under sections 104 and 
108 of the Act (25 U.S.C. 1613a and 1616a): Provided 
further, That notwithstanding any other provision of law, 
the amounts made available within this account for the 
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606 
methamphetamine and suicide prevention and treatment 
initiative and for the domestic violence prevention initia-
tive 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 annual contracts and grants that fall 
within 2 fiscal years, provided the total obligation is re-
corded 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 Indian Health Care Improvement Act shall re-
main available until expended for the purpose of achieving 
compliance with the applicable conditions and require-
ments of titles XVIII and XIX of the Social Security Act, 
except for those related to the planning, design, or con-
struction of new facilities: Provided further, That funding 
contained herein for scholarship programs under the In-
dian Health Care Improvement Act (25 U.S.C. 1613) 
shall remain 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 
receiving tribes and tribal organizations until expended: 
Provided further, That, notwithstanding any other provi-
sion of law, of the amounts provided herein, not to exceed 
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607 
$472,193,000 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 2012, of which not to exceed 
$10,000,000 may be used for contract support costs asso-
ciated with new or expanded self-determination contracts, 
grants, self-governance compacts, or annual funding 
agreements: Provided further, That the Bureau of Indian 
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, 
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608 
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, 
$441,052,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law, 
funds appropriated for the planning, 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 facilities: Provided further, That 
none of the funds appropriated to the Indian Health Serv-
ice 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 
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609 
$2,700,000 from this account and the ‘‘Indian Health 
Services’’ account shall be used by the Indian Health Serv-
ice 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 Demoli-
tion 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 
positions under 5 U.S.C. 5376; hire of passenger motor 
vehicles and aircraft; purchase of medical equipment; pur-
chase 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 authorized under regulations approved by the 
Secretary; uniforms 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: Provided, That in accordance with 
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610 
the provisions of the Indian Health Care Improvement 
Act, non-Indian patients may be extended health care at 
all tribally administered or Indian Health Service facili-
ties, 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: Provided further, That not-
withstanding 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 
under Public Law 86–121, the Indian Sanitation Facilities 
Act and Public Law 93–638, as amended: Provided fur-
ther, That funds appropriated to the Indian Health Serv-
ice in this Act, except those used for administrative and 
program direction purposes, shall not be subject to limita-
tions directed at curtailing Federal travel and transpor-
tation: Provided further, That 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 Committees on Appropriations 
through the reprogramming process: Provided further, 
That notwithstanding any other provision of law, funds 
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611 
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: Provided further, That 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 Depart-
ment of Health and Human Services, relating to the eligi-
bility for the health care services of the Indian Health 
Service until the Indian Health Service has submitted a 
budget request reflecting the increased costs associated 
with the proposed final rule, and such request has been 
included in an appropriations Act and enacted into law: 
Provided further, That with respect to functions trans-
ferred by the Indian Health Service to tribes or tribal or-
ganizations, the Indian Health Service is authorized to 
provide goods and services to those entities on a reimburs-
able basis, including payments in advance with subsequent 
adjustment, and the reimbursements received therefrom, 
along with the funds received from those entities pursuant 
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612 
to the Indian Self-Determination Act, may be credited to 
the same or subsequent appropriation account from which 
the funds were originally derived, with such amounts to 
remain available until expended: Provided further, That re-
imbursements for training, technical assistance, or serv-
ices 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: Provided further, That 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, 
$79,054,000. 
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613 
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, 
$76,337,000, of which up to $1,000 per eligible employee 
of the Agency for Toxic Substances and Disease Registry 
shall remain available until expended for Individual Learn-
ing Accounts: Provided, That notwithstanding 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 appropriate health studies, 
evaluations, or activities, including, without limitation, 
biomedical testing, clinical evaluations, medical moni-
toring, and referral to accredited healthcare providers: 
Provided further, That in performing any such health as-
sessment or health study, evaluation, or activity, the Ad-
ministrator of ATSDR shall not be bound by the deadlines 
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614 
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 toxi-
cological profiles pursuant to section 104(I) of CERCLA 
during fiscal year 2012, and existing profiles may be up-
dated 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 
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, $3,153,000: 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. 
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615 
CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD 
SALARIES AND EXPENSES 
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, $11,147,000: 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 
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. 
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616 
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, $7,750,000, 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 
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. 
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617 
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), $8,533,000. 
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-
tions; conduct of education, training, and museum assist-
ance programs; maintenance, alteration, operation, lease 
agreements of no more than 30 years, and protection of 
buildings, 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 em-
ployees, $636,530,000, to remain available until Sep-
tember 30, 2013, except as otherwise provided herein; of 
which not to exceed $20,137,000 for the instrumentation 
program, collections acquisition, exhibition reinstallation, 
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618 
the National Museum of African American History and 
Culture, and the repatriation of skeletal remains program 
shall remain available until expended; and including such 
funds as may be necessary to support American overseas 
research centers: Provided, That funds appropriated here-
in are available for advance payments to independent con-
tractors 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, 
$175,000,000, to remain available until expended, of 
which not to exceed $10,000 is for services as authorized 
by 5 U.S.C. 3109, and of which $75,000,000 shall be to 
complete design and begin construction of the National 
Museum of African American History and Culture: Pro-
vided, That during fiscal year 2012 and any succeeding 
fiscal year, a single procurement for construction of the 
National Museum of African American History and Cul-
ture, as authorized under section 8 of the National Mu-
seum of African American History and Culture Act (20 
U.S.C. 80r–6), may be issued that includes the full scope 
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619 
of the project: Provided further, That the solicitation and 
contract shall contain the clause ‘‘availability of funds’’ 
found at 48 CFR 52.232.18. 
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 
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, 
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620 
firms, or organizations at such rates or prices and under 
such terms and conditions as the Gallery may deem prop-
er, $114,066,000, of which not to exceed $3,481,000 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, for operating lease agreements of no more than 
10 years, with no extensions or renewals beyond the 10 
years, that address space needs created by the ongoing 
renovations in the Master Facilities Plan, as authorized, 
$14,516,000, to remain available until expended: Pro-
vided, 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, mainte-
nance and security of the John F. Kennedy Center for 
the Performing Arts, $23,200,000. 
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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, 
$13,650,000, 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, $11,005,000, to remain 
available until September 30, 2013. 
NATIONAL FOUNDATION ON THE ARTS AND THE 
HUMANITIES 
NATIONAL ENDOWMENT FOR THE ARTS 
GRANTS AND ADMINISTRATION 
For necessary expenses to carry out the National 
Foundation on the Arts and the Humanities Act of 1965, 
$146,255,000 shall be available to the National Endow-
ment for the Arts for the support of projects and produc-
tions in the arts, including arts education and public out-
reach activities, through assistance to organizations and 
individuals pursuant to section 5 of the Act, for program 
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622 
support, and for administering the functions of the Act, 
to remain available until expended. 
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, 
$146,255,000, to remain available until expended, of 
which $135,500,000 shall be available for support of ac-
tivities in the humanities, pursuant to section 7(c) of the 
Act and for administering the functions of the Act; and 
$10,755,000 shall be available to carry out the matching 
grants program pursuant to section 10(a)(2) of the Act 
including $8,370,000 for the purposes of section 7(h): 
Provided, 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, 
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 PROVISIONS 
None of the funds appropriated to the National 
Foundation on the Arts and the Humanities may be used 
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623 
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 
to $10,000, if in the aggregate this amount does not ex-
ceed 5 percent of the sums appropriated for grantmaking 
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 of the Commission of Fine Arts under 
Chapter 91 of title 40, United States Code, $2,400,000: 
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: Provided further, That the Commission is 
authorized to accept gifts, including objects, papers, art-
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750 
U.S.C. 281(b)(21)) is amended by striking ‘‘Na-
tional Center for Research Resources’’ and inserting 
‘‘National Center for Advancing Translational 
Sciences’’. 
(b) ASSIGNMENT
OF
CERTAIN
FUNCTIONS
OF 
FORMER
NATIONAL
CENTER
FOR
RESEARCH
RE-
SOURCES.— 
(1) BIOMEDICAL AND BEHAVIORAL RESEARCH 
FACILITIES.—Section 481A of the Public Health 
Service Act (42 U.S.C. 287a–2)— 
(A) is redesignated as section 404I and is 
moved to follow section 404H of such Act (42 
U.S.C. 283j); and 
(B) is amended— 
(i) in subsection (a)(1), by striking 
‘‘acting through the Director of the Center 
or the Director of the National Institute of 
Allergy and Infectious Diseases’’ and in-
serting ‘‘acting through the Office of the 
Director of NIH or the Director of the Na-
tional Institute of Allergy and Infectious 
Diseases’’; 
(ii) in subsections (c), (d), (e), and 
(f)(2), by striking ‘‘Director of the Center 
or the Director of the National Institute of 
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751 
Allergy and Infectious Diseases’’ each 
place it appears and inserting ‘‘Director of 
NIH, acting through the Office of the Di-
rector of NIH or the National Institute of 
Allergy and Infectious Diseases,’’; 
(iii) in subsection (b)(2), by striking 
‘‘Director of the Center’’ each place it ap-
pears and inserting ‘‘Director of NIH’’; 
(iv) in subsections (b)(3)(A), (f)(1), 
and (g), by striking the comma at the end 
of ‘‘Director of the Center,’’ each place it 
appears; 
(v) by striking ‘‘Director of the Cen-
ter’’ each place it appears and inserting 
‘‘Director of NIH, acting through the Of-
fice of the Director of NIH,’’; 
(vi) in subsection (b)— 
(I) in paragraph (1)(A), by strik-
ing ‘‘within the Center’’; and 
(II) in paragraph (2)— 
(aa) in subparagraph (A), 
by striking ‘‘and the advisory 
council established under section 
480 (in this section referred to as 
the ‘Advisory Council’)’’ and in-
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