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ized improvements for fire facilities on such leased prop-
erties, including but not limited to fire guard stations, re-
tardant 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: Pro-
vided 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 aggre-
gate amount not to exceed $10,000,000, between the Depart-
ments when such transfers would facilitate and expedite 
jointly funded wildland fire management programs and 
projects: Provided further, That funds provided for wildfire 
suppression shall be available for support of Federal emer-
gency response actions. 
CENTRAL HAZARDOUS MATERIALS FUND 
For necessary expenses of the Department of the Inte-
rior and any of its component offices and bureaus for the 
response action, including associated activities, performed 
pursuant to the Comprehensive Environmental Response, 
Compensation, and Liability Act, as amended (42 U.S.C. 
9601 et seq.), $10,175,000, to remain available until ex-
pended: Provided, That Public Law 110–161 (121 Stat. 
2116) under this heading is amended by striking ‘‘in ad-
vance of or as reimbursement for remedial action or re-
sponse activities conducted by the Department pursuant to
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section 107 or 113(f) of such Act’’ and inserting in lieu 
thereof ‘‘including any fines or penalties’’. 
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 nec-
essary to carry out the provisions of the Comprehensive En-
vironmental Response, Compensation, and Liability Act, as 
amended (42 U.S.C. 9601 et seq.), the Federal Water Pollu-
tion 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 Pub-
lic Law 101–337, as amended (16 U.S.C. 19jj et seq.), 
$6,462,000, to remain available until expended. 
WORKING CAPITAL FUND 
For the acquisition of a departmental financial and 
business management system and information technology 
improvements of general benefit to the Department, 
$85,823,000, to remain available until expended: Provided, 
That none of the funds in this Act or previous appropria-
tions Acts may be used to establish reserves in the Working 
Capital Fund account other than for accrued annual leave 
and depreciation of equipment without prior approval of 
the House and Senate Committees on Appropriations: Pro-
vided further, That the Secretary may assess reasonable
164 
charges to State, local and tribal government employees for 
training services provided by the National Indian Program 
Training Center, other than training 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 em-
ployees or persons or organizations engaged in cultural, 
educational, or recreational activities (as defined in 40 
U.S.C. 3306(a)) at the prevailing rate for similar space, 
facilities, equipment, or services in the vicinity of the Na-
tional Indian Program Training Center: Provided further, 
That all funds received pursuant to the two preceding pro-
visos shall be credited to this account, shall be available 
until expended, and shall be used by the Secretary for nec-
essary expenses of the National Indian Program Training 
Center. 
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-
165 
in value used to offset the purchase price for the replacement 
aircraft. 
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR 
EMERGENCY TRANSFER AUTHORITY—INTRA-BUREAU 
(INCLUDING TRANSFERS OF FUNDS) 
SEC. 101. Appropriations made in this title shall be 
available for expenditure or transfer (within each bureau 
or office), with the approval of the Secretary, for the emer-
gency reconstruction, replacement, or repair of aircraft, 
buildings, utilities, or other facilities or equipment dam-
aged or destroyed by fire, flood, storm, or other unavoidable 
causes: Provided, That no funds shall be made available 
under this authority until funds specifically made available 
to the Department of the Interior for emergencies shall have 
been exhausted. 
EMERGENCY TRANSFER AUTHORITY—DEPARTMENT-WIDE 
SEC. 102. The Secretary may authorize the expendi-
ture or transfer of any no year appropriation in this title, 
for the suppression or emergency 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 potential or actual earthquakes, floods, 
volcanoes, storms, or other unavoidable causes; for contin-
gency planning subsequent to actual oil spills; for response
166 
and natural resource damage assessment activities related 
to actual oil spills; for the prevention, suppression, and con-
trol of actual or potential grasshopper and Mormon cricket 
outbreaks on lands under the jurisdiction of the Secretary, 
pursuant to the authority in section 1773(b) of Public Law 
99–198 (99 Stat. 1658); for emergency reclamation projects 
under section 410 of Public Law 95–87; and shall transfer, 
from any no year funds available to the Office of Surface 
Mining Reclamation and Enforcement, such funds as may 
be necessary to permit assumption of regulatory authority 
in the event a primacy State is not carrying out the regu-
latory provisions of the Surface Mining Act: Provided, That 
appropriations made in this title for wildland fire oper-
ations shall be available for the payment of obligations in-
curred during the preceding fiscal year, and for reimburse-
ment 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 cred-
ited to appropriations currently available at the time of 
receipt thereof: Provided further, That for wildland fire op-
erations, no funds shall be made available under this au-
thority until the Secretary determines that funds appro-
priated for ‘‘wildland fire operations’’ shall be exhausted 
within 30 days: Provided further, That all funds used pur-
suant to this section must be replenished by a supplemental
167 
appropriation which must be requested as promptly as pos-
sible: Provided further, That such replenishment funds shall 
be used to reimburse, on a pro rata basis, accounts 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 5 U.S.C. 3109, when authorized by the Sec-
retary, in total amount not to exceed $500,000; purchase 
and replacement of motor vehicles, including specially 
equipped law enforcement vehicles; hire, maintenance, and 
operation of aircraft; hire of passenger motor vehicles; pur-
chase of reprints; payment for telephone service in private 
residences in the field, when authorized under regulations 
approved by the Secretary; and the payment of dues, when 
authorized by the Secretary, for library membership in soci-
eties 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 
SEC. 104. Appropriations made in this Act under the 
headings Bureau of Indian Affairs and Office of the Special 
Trustee for American Indians and any unobligated bal-
ances from prior appropriations Acts made under the same 
headings shall be available for expenditure or transfer for
168 
Indian trust management and reform activities. Total 
funding for historical accounting activities shall not exceed 
amounts specifically designated in this Act for such pur-
pose. 
REDISTRIBUTION OF FUNDS 
SEC. 105. Notwithstanding any other provision of law, 
the Secretary of the Interior is authorized to redistribute 
any Tribal Priority Allocation funds, including tribal base 
funds, to alleviate tribal funding inequities by transferring 
funds to address identified, unmet needs, dual enrollment, 
overlapping service areas or inaccurate distribution meth-
odologies. No federally recognized tribe shall receive a reduc-
tion in Tribal Priority Allocation funds of more than 10 
percent in fiscal year 2010. Under circumstances of dual 
enrollment, overlapping service areas or inaccurate dis-
tribution methodologies, the 10 percent limitation does not 
apply. 
TWIN CITIES RESEARCH CENTER 
SEC. 106. Notwithstanding any other provision of law, 
in conveying the Twin Cities Research Center under the au-
thority provided by Public Law 104–134, as amended by 
Public Law 104–208, the Secretary may accept and retain 
land and other forms of reimbursement: Provided, That the 
Secretary may retain and use any such reimbursement 
until expended and without further appropriation: (1) for
169 
the benefit of the National Wildlife Refuge System within 
the State of Minnesota; and (2) for all activities authorized 
by 16 U.S.C. 460zz. 
PAYMENT OF FEES 
SEC. 107. The Secretary of the Interior may use discre-
tionary funds to pay private attorney fees and costs for em-
ployees and former employees of the Department of the Inte-
rior reasonably incurred in connection with Cobell v. Sala-
zar 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 section 
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. Salazar. 
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 Lib-
erty Islands, and of other program and administrative ac-
tivities, by donation or with appropriated funds, including 
franchise fees (and other monetary consideration), or by ex-
170 
change; and the Secretary is authorized to negotiate and 
enter into leases, subleases, concession contracts or other 
agreements for the use of such facilities on such terms and 
conditions as the Secretary may determine reasonable. 
PROHIBITION ON USE OF FUNDS 
SEC. 109. (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 available 
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 au-
thorization on the Mojave National Preserve or lands man-
aged by the Needles Field Office of the Bureau of Land Man-
agement, or for carrying out any activities associated with 
such right-of-way or similar approval. 
USE OF COOPERATIVE AGREEMENTS 
SEC. 110. For fiscal year 2010, and each fiscal year 
thereafter, the Secretary of the Interior may enter into coop-
erative agreements with a State or political subdivision (in-
cluding any agency thereof), or any not-for-profit organiza-
tion if the agreement will: (1) serve a mutual interest of 
the parties to the agreement in carrying out the programs
171 
administered by the Department of the Interior; and (2) 
all parties will contribute resources to the accomplishment 
of these objectives. At the discretion of the Secretary, such 
agreements shall not be subject to a competitive process. 
CONFORMING AMENDMENT 
SEC. 111. Sections 109 and 110 of the Federal Oil and 
Gas Royalty Management Act (30 U.S.C. 1719 and 1720) 
shall, for fiscal year 2010 and each fiscal year thereafter, 
apply to any lease authorizing exploration for or develop-
ment of coal, any other solid mineral, or any geothermal 
resource on any Federal or Indian lands and any lease, 
easement, right of way, or other agreement, regardless of 
form, for use of the Outer Continental Shelf or any of its 
resources under sections 8(k) or 8(p) of the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1337(k) and 1337(p)) 
to the same extent as if such lease, easement, right of way, 
or other agreement, regardless of form, were an oil and gas 
lease, except that in such cases the term ‘‘royalty payment’’ 
shall include any payment required by such lease, easement, 
right of way or other agreement, regardless of form, or by 
applicable regulation. 
PROHIBITION ON USE OF FUNDS, POINT REYES NATIONAL 
SEASHORE 
SEC. 112. None of the funds in this Act may be used 
to further reduce the number of Axis or Fallow deer at Point
189 
any fiscal year under section 319 of that Act to make grants 
to federally recognized Indian tribes pursuant to sections 
319(h) and 518(e) of that Act: Provided further, That, for 
fiscal year 2010, 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 the Clean Water State Revolving Funds and Drinking 
Water State Revolving Funds may be reserved by the Ad-
ministrator for grants to Tribes: Provided further, That, for 
fiscal year 2010, notwithstanding any other provision of 
law, up to a total of 1.5 percent of the funds provided for 
the Clean Water State Revolving Funds and Drinking 
Water State Revolving Funds may be reserved by the Ad-
ministrator for grants to territories of the United States: 
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 
States along the United States-Mexico border shall be made 
available to a county or municipal government unless that 
government has established an enforceable local ordinance, 
or other zoning rule, which prevents in that jurisdiction the 
development or construction of any additional colonia 
areas, or the development within an existing colonia the 
construction of any new home, business, or other structure