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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 
section 107 or 113(f) of such Act’’ and inserting in lieu 
thereof ‘‘including any fines or penalties’’. 
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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 
charges to State, local and tribal government employees for 
training services provided by the National Indian Program 
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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- 
in value used to offset the purchase price for the replacement 
aircraft. 
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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 
and natural resource damage assessment activities related 
to actual oil spills; for the prevention, suppression, and con-
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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 
appropriation which must be requested as promptly as pos-
sible: Provided further, That such replenishment funds shall 
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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 
Indian trust management and reform activities. Total 
funding for historical accounting activities shall not exceed 
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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 
the benefit of the National Wildlife Refuge System within 
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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. 
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. 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-
change; and the Secretary is authorized to negotiate and 
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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 
administered by the Department of the Interior; and (2) 
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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 
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Reyes National Seashore below the number as of the date 
of enactment of this Act. 
OUTER CONTINENTAL SHELF INSPECTION FEES 
SEC. 113. (a) In fiscal year 2010, the Minerals Man-
agement Service (MMS) shall collect a non-refundable in-
spection fee, which shall be deposited in the ‘‘Royalty and 
Offshore Minerals Management’’ account, from the des-
ignated operator for facilities subject to inspection by MMS 
under 43 U.S.C. 1348(c) that are above the waterline, ex-
cept mobile offshore drilling units, and are in place at the 
start of fiscal year 2010. 
(b) Fees for 2010 shall be: 
(1) $2,000 for facilities with no wells, but with 
processing equipment or gathering lines; 
(2) $3,250 for facilities with one to ten wells, 
with any combination of active or inactive wells; and 
(3) $6,000 for facilities with more than ten wells, 
with any combination of active or inactive wells. 
(c) MMS will bill designated operators within 60 days 
of enactment of this Act, with payment required within 30 
days of billing. 
YOSEMITE NATIONAL PARK AUTHORIZED PAYMENTS, 
AMENDMENT 
SEC. 114. Section 101(a)(1) of Public Law 109–131 
is amended by striking ‘‘2009’’ and inserting ‘‘2013’’. 
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NORTHERN PLAINS HERITAGE AREA, AMENDMENT 
SEC. 115. Section 8004 of the Omnibus Public Land 
Management Act of 2009 (Public Law 111–11; 123 Stat. 
1240) is amended— 
(1) by redesignating subsections (g) through (i) 
as subsections (h) through (j), respectively; 
(2) in subsection (h)(1) (as redesignated by 
paragraph (1)), in the matter preceding subpara-
graph (A), by striking ‘‘subsection (i)’’ and inserting 
‘‘subsection (j)’’; and 
(3) by inserting after subsection (f) the following: 
‘‘(g) REQUIREMENTS FOR INCLUSION AND REMOVAL 
OF PROPERTY IN HERITAGE AREA.— 
‘‘(1) PRIVATE
PROPERTY
INCLUSION.—No pri-
vately owned property shall be included in the Herit-
age Area unless the owner of the private property pro-
vides to the management entity a written request for 
the inclusion. 
‘‘(2) PROPERTY REMOVAL.— 
‘‘(A) PRIVATE PROPERTY.—At the request of 
an owner of private property included in the 
Heritage Area pursuant to paragraph (1), the 
private property shall be immediately with-
drawn from the Heritage Area if the owner of 
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the property provides to the management entity 
a written notice requesting removal. 
‘‘(B) PUBLIC PROPERTY.—On written no-
tice from the appropriate State or local govern-
ment entity, public property included in the 
Heritage Area shall be immediately withdrawn 
from the Heritage Area.’’. 
PEARL HARBOR NAVAL COMPLEX, JOINT TICKETING 
SEC. 116. (a) DEFINITIONS.—In this section: 
(1) HISTORIC ATTRACTION.—The term ‘‘historic 
attraction’’ mean a historic attraction within the 
Pearl Harbor Naval Complex, including— 
(A) the USS Bowfin Submarine Museum 
and Park; 
(B) the Battleship Missouri Memorial; 
(C) the Pacific Aviation Museum-Pearl 
Harbor; and 
(D) any other historic attraction within the 
Pearl Harbor Naval Complex that— 
(i) the Secretary identifies as a Pearl 
Harbor historic attraction; and 
(ii) is not administered or managed by 
the Secretary. 
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(2) MONUMENT.—The term ‘‘Monument’’ means 
the Word War II Valor in the Pacific National Monu-
ment in the State of Hawaii. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(4) VISITOR CENTER.—The term ‘‘Visitor Cen-
ter’’ means the visitor center located within the Pearl 
Harbor Naval Complex on land that is— 
(A) within the Monument; and 
(B) managed by the Secretary, acting 
through the Director of the National Park Serv-
ice. 
(b) FACILITATION OF ADMISSION TO HISTORIC AT-
TRACTIONS WITHIN PEARL HARBOR NAVAL COMPLEX.— 
(1) IN GENERAL.—In managing the Monument, 
the Secretary may enter into an agreement with any 
organization that is authorized to administer or man-
age a historic attraction— 
(A) to allow visitors to the historic attrac-
tion to gain access to the historic attraction by 
passing through security screening at the Visitor 
Center; and 
(B) to allow the sale of tickets to a historic 
attraction within the Visitor Center by— 
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(i) employees of the National Park 
Service; or 
(ii) the organization that administers 
or manages the historic attraction. 
(2) TERMS AND CONDITIONS.—In any agreement 
entered into under paragraph (1), the Secretary— 
(A) shall require the organization admin-
istering or managing the historic attraction to 
pay to the Secretary a reasonable fee to recover 
administrative costs of the Secretary associated 
with the use of the Visitor Center for public ac-
cess and ticket sales; 
(B) shall ensure that the liability of the 
United States is limited with respect to any li-
ability arising from— 
(i) the admission of the public through 
the Visitor Center to a historic attraction; 
and 
(ii) the sale or issuance of any tickets 
to the historic attraction; and 
(C) may include any other terms and con-
ditions that the Secretary determines to be ap-
propriate. 
(3) USE OF FEES.—The proceeds of any amounts 
collected as fees under paragraph (2)(A) shall remain 
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available, without further appropriation, for use by 
the Secretary for the Monument. 
(4) LIMITATION OF AUTHORITY.—Nothing in this 
section authorizes the Secretary— 
(A) to regulate or approve the rates for ad-
mission to a historic attraction; 
(B) to regulate or manage any visitor serv-
ices within the Pearl Harbor Naval Complex 
(other than the services managed by the National 
Park Service as part of the Monument); or 
(C) to charge an entrance fee for admission 
to the Monument. 
(5) PROTECTION
OF
RESOURCES.—Nothing in 
this section authorizes the Secretary or any organiza-
tion that administers or manages a historic attrac-
tion to take any action in derogation of the preserva-
tion and protection of the values and resources of the 
Monument. 
ASSISTANCE FOR THE REPUBLIC OF PALAU 
SEC. 117. (a) IN GENERAL.—Subject to subsection (c), 
the Secretary of the Interior shall provide to the Govern-
ment of Palau for fiscal year 2010 grants in amounts equal 
to the annual amounts specified in subsections (a), (c), and 
(d) of section 211 of the Compact of Free Association be-
tween the Government of the United States of America and 
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the Government 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 2010 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 programmatic 
assistance provided under subsections (a) and (b) 
shall be provided to the same extent and in 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 Compact, 
amounts to be provided under subsections (a) and (b) 
shall be withheld from the Government of Palau. 
GOLDEN GATE NATIONAL RECREATION AREA, FORT BAKER 
AMENDMENT 
SEC. 118. Section 120 of title I of H.R. 3423 (Appen-
dix C) as enacted into law by section 1000(a)(3) of division 
B of Public Law 106–113 is amended by striking the last 
sentence. 
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THEODORE ROOSEVELT NATIONAL PARK, ELK REDUCTION 
SEC. 119. None of the funds made available in this 
Act shall be used to establish or implement a plan to reduce 
the number of elk in Theodore Roosevelt National Park un-
less such plan, notwithstanding any other provision of law, 
allows North Dakota residents possessing a State hunting 
license to be deputized by the Secretary as rangers in such 
numbers as the Secretary deems sufficient for purposes of 
culling the elk herd at the Park, and allows each such volun-
teer to cull one elk and remove its carcass from the Park. 
POINT REYES NATIONAL SEASHORE, EXTENSION OF PERMIT 
SEC. 120. Prior to the expiration on November 30, 
2012 of the Drake’s Bay Oyster Company’s Reservation of 
Use and Occupancy and associated special use permit (‘‘ex-
isting authorization’’) within Drake’s Estero at Point Reyes 
National Seashore, notwithstanding any other provision of 
law, the Secretary of the Interior is authorized to issue a 
special use permit with the same terms and conditions as 
the existing authorization, except as provided herein, for a 
period of 10 years from November 30, 2012: Provided, That 
such extended authorization is subject to annual payments 
to the United States based on the fair market value of the 
use of the Federal property for the duration of such renewal. 
The Secretary shall take into consideration recommenda-
tions of the National Academy of Sciences Report per-
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taining to shellfish mariculture in Point Reyes National 
Seashore before modifying any terms and conditions of the 
extended authorization. 
CONTRIBUTION AUTHORITY 
SEC. 121. Title 43 U.S.C. 1473, as amended by Public 
Law 110–161 and Public Law 111–8, is further amended 
by deleting ‘‘in fiscal years 2008 and 2009 only’’ and in-
serting ‘‘in fiscal years 2008, 2009 and 2010 only’’. 
NATIONAL PARK SYSTEM, SPECIAL RESOURCE STUDY 
SEC. 122. (a) IN GENERAL.—The Secretary of the In-
terior (referred to in this section as the ‘‘Secretary’’) shall 
conduct a special resource study of the national signifi-
cance, suitability, and feasibility of including the 
Honouliuli Gulch and associated sites within the State of 
Hawaii in the National Park System. 
(b) GUIDELINES.—In conducting the study, the Sec-
retary shall use the criteria for the study of areas for poten-
tial inclusion in the National Park System described in sec-
tion 8 of Public Law 91–383 (16 U.S.C. 1a–5). 
(c) CONSULTATION.—In conducting the study, the Sec-
retary shall consult with— 
(1) the State of Hawaii; 
(2) appropriate Federal agencies; 
(3) Native Hawaiian and local government enti-
ties; 
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(4) private and nonprofit organizations; 
(5) private land owners; and 
(6) other interested parties. 
(d) THEMES.—The study shall evaluate the Honouliuli 
Gulch, associated sites located on Oahu, and other islands 
located in the State of Hawaii with respect to— 
(1) the significance of the site as a component of 
World War II; 
(2) the significance of the site as the site related 
to the forcible internment of Japanese Americans, Eu-
ropean Americans, and other individuals; and 
(3) historic resources at the site. 
(e) REPORT.—Not later than 2 years after the date of 
enactment of this Act, the Secretary shall submit to the 
Committee on Natural Resources of the House of Represent-
atives and the Committee on Energy and Natural Resources 
of the Senate a report describing the findings, conclusions, 
and recommendations of the study required under this sec-
tion. 
PROHIBITION ON USE OF FUNDS TO IMPEDE OPERATIONAL 
CONTROL 
SEC. 123. None of the funds made available by this 
Act may be used to impede, prohibit, or restrict activities 
of the Secretary of Homeland Security on public lands to 
achieve operational control (as defined in section 2(b) of 
the Secure Fence Act of 2006 (8 U.S.C. 1701 note; Public 
VerDate Nov 24 2008 
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Law 109–367) over the international land and maritime 
borders of the United States. 
SEC. 124. Any owner of private property within an 
existing or new National Heritage Area may opt out of par-
ticipating in any plan, project, program, or activity con-
ducted within the National Heritage Area if the property 
owner provides written notice to the local coordinating enti-
ty. 
TITLE II 
ENVIRONMENTAL PROTECTION AGENCY 
SCIENCE AND TECHNOLOGY 
For science and technology, including research and de-
velopment activities, which shall include research and devel-
opment activities under the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980, as 
amended; necessary expenses for personnel and related costs 
and travel expenses; procurement of laboratory equipment 
and supplies; and other operating expenses in support of 
research and development, $842,799,000, to remain avail-
able until September 30, 2011. 
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 pas-
senger motor vehicles; hire, maintenance, and operation of 
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aircraft; purchase of reprints; library memberships 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; administrative costs of the 
brownfields program under the Small Business Liability 
Relief and Brownfields Revitalization Act of 2002; and not 
to exceed $9,000 for official reception and representation 
expenses, $2,878,780,000, to remain available until Sep-
tember 30, 2011: Provided, That of the funds included under 
this heading, not less than $478,696,000 shall be for the Ge-
ographic Programs specified in the committee report accom-
panying this Act. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General 
Act of 1978, as amended, $44,791,000, to remain available 
until September 30, 2011. 
BUILDINGS AND FACILITIES 
For construction, repair, improvement, extension, al-
teration, and purchase of fixed equipment or facilities of, 
or for use by, the Environmental Protection Agency, 
$35,001,000, to remain available until expended: Provided, 
That, at the discretion of the Administrator of the Environ-
mental Protection Agency, from the funds included under 
this heading, $500,000 may be made available for prelimi-
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nary planning and design of a high-performance green 
building to consolidate the multiple offices and research fa-
cilities of the Environmental Protection Agency in Las 
Vegas, Nevada. 
HAZARDOUS SUBSTANCE SUPERFUND 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses to carry out the Comprehensive 
Environmental Response, Compensation, and Liability Act 
of 1980 (CERCLA), as amended, including sections 
111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611) 
$1,308,541,000, to remain available until expended, con-
sisting of such sums as are available in the Trust Fund 
on September 30, 2009, as authorized by section 517(a) of 
the Superfund Amendments and Reauthorization Act of 
1986 (SARA) and up to $1,308,541,000 as a payment from 
general revenues to the Hazardous Substance Superfund 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 ac-
cordance with section 111(a) of CERCLA: Provided further, 
That of the funds appropriated under this heading, 
$9,975,000 shall be paid to the ‘‘Office of Inspector General’’ 
appropriation to remain available until September 30, 
2011, and $26,834,000 shall be paid to the ‘‘Science and 
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Technology’’ appropriation to remain available until Sep-
tember 30, 2011. 
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, 
$114,171,000, to remain available until expended, of which 
$78,671,000 shall be for carrying out leaking underground 
storage tank cleanup activities authorized by section 
9003(h) of the Solid Waste Disposal Act, as amended; 
$35,500,000 shall be for carrying out the other provisions 
of the Solid Waste Disposal Act specified in section 9508(c) 
of the Internal Revenue Code, as amended: Provided, That 
the Administrator is authorized to use appropriations made 
available under this heading to implement section 9013 of 
the Solid Waste Disposal Act to provide financial assistance 
to federally recognized Indian tribes for the development 
and implementation of programs to manage underground 
storage tanks. 
OIL SPILL RESPONSE 
For expenses necessary to carry out the Environmental 
Protection Agency’s responsibilities under the Oil Pollution 
Act of 1990, $18,379,000, to be derived from the Oil Spill 
Liability trust fund, to remain available until expended. 
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STATE AND TRIBAL ASSISTANCE GRANTS 
For environmental programs and infrastructure as-
sistance, including capitalization grants for State revolving 
funds and performance partnership grants, $4,954,274,000, 
to 
remain 
available 
until 
expended, 
of 
which 
$2,100,000,000 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 $1,387,000,000 shall be for 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 2010, to the extent that there 
are sufficient applications, not less than 20 percent of the 
funds made available for the Clean Water State Revolving 
Fund or Drinking Water State Revolving Fund capitaliza-
tion grants shall be for projects to address green infrastruc-
ture, water or energy efficiency improvements, or other en-
vironmentally innovative activities; $10,000,000 shall be for 
architectural, 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; $15,000,000 shall be for 
grants to the State of Alaska to address drinking water and 
wastewater infrastructure needs of rural and Alaska Native 
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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 with the Agency and the U.S. 
Department of Agriculture for all water, sewer, waste dis-
posal, and similar projects carried out by the State of Alas-
ka that are funded under section 221 of the Federal Water 
Pollution Control Act (33 U.S.C. 1301) or the Consolidated 
Farm and Rural Development Act (7 U.S.C. 1921 et seq.) 
which shall allocate not less than 25 percent of the funds 
provided for projects in regional hub communities; 
$150,000,000 shall be for making special project grants for 
the construction of drinking water, wastewater and storm 
water infrastructure and for water quality protection in ac-
cordance with the terms and conditions specified for such 
grants in the committee report accompanying this Act, and, 
for purposes of these grants, each grantee shall contribute 
not less than 45 percent of the cost of the project unless 
the grantee is approved for a waiver by the Agency; 
$101,000,000 shall be to carry out section 104(k) of the 
Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (CERCLA), as amended, includ-
ing grants, interagency agreements, and associated pro-
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gram support costs; $60,000,000 shall be for grants under 
title VII, subtitle G of the Energy Policy Act of 2005, as 
amended; $20,000,000 shall be for targeted airshed grants 
in accordance with the terms and conditions of the com-
mittee report accompanying this Act; and $1,111,274,000 
shall be for grants, including associated program support 
costs, to States, federally recognized tribes, interstate agen-
cies, tribal consortia, and air pollution control agencies for 
multi-media or single media pollution prevention, control 
and abatement and related activities, including activities 
pursuant to the provisions set forth under this heading in 
Public Law 104–134, and for making grants under section 
103 of the Clean Air Act for particulate matter monitoring 
and data collection activities subject to terms and condi-
tions specified by the Administrator, of which $49,495,000 
shall be for carrying out section 128 of CERCLA, as amend-
ed, $10,000,000 shall be for Environmental Information 
Exchange Network grants, including associated program 
support costs, $18,500,000 of the funds available for grants 
under section 106 of the Act shall be for water quality moni-
toring activities, and, in addition to funds appropriated 
under the heading ‘‘Leaking Underground Storage Tank 
Trust Fund Program’’ to carry out the provisions of the 
Solid Waste Disposal Act specified in section 9508(c) of the 
Internal Revenue Code other than section 9003(h) of the 
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Solid Waste Disposal Act, as amended, $2,500,000 shall be 
for grants to States under section 2007(f)(2) of the Solid 
Waste Disposal Act, as amended: Provided further, That 
notwithstanding section 603(d)(7) of the Federal Water Pol-
lution 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 2010 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 Adminis-
trator, accounted for separately from other assets in the 
fund, and used for eligible purposes of the fund, including 
administration: Provided further, That for fiscal year 2010, 
and notwithstanding section 518(f) of the Act, the Adminis-
trator is authorized to use the amounts appropriated for 
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-
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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 
which lacks water, wastewater, or other necessary infra-
structure: Provided further, That notwithstanding the joint 
explanatory statement of the Committee on Appropriations 
of the House of Representatives accompanying Public Law 
111–8, the $300,000 made available to the Village of Crest-
wood for water storage improvements (as described in the 
table entitled ‘‘Congressionally Designated Spending’’ in 
section 430 of that joint explanatory statement) shall be 
made available to the City of Quincy, Illinois, for drinking 
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water system improvements: Provided further, That, not-
withstanding House Report 107–272, the amount of 
$1,000,000 made available to the Southeast Alabama Re-
gional Water Authority for a water facility project and the 
amount of $2,500,000 made available to the Alabama Re-
gional Water Authority for the Southwest Alabama Rural/ 
Municipal Water System may, at the discretion of the Ad-
ministrator, be made available to the city of Thomasville 
for those projects: Provided further, That, notwithstanding 
House Report 108–10, the amount of $450,000 made avail-
able to the Southwest Alabama Regional Water Authority 
for water infrastructure improvements may, at the discre-
tion of the Administrator, be made available to the city of 
Thomasville for that project: Provided further, That, not-
withstanding House Report 108–401, the amount of 
$450,000 made available to the Southwest Alabama Re-
gional Water supply District for regional water supply dis-
tribution in Thomasville, Alabama, may, at the discretion 
of the Administrator, be made available to the city of Thom-
asville for that project: Provided further, That, notwith-
standing House Report 108–401, the amount of $2,000,000 
made available to the Tom Bevill Reservoir Management 
Area Authority for construction of a drinking water res-
ervoir in Fayette County, Alabama, may, at the discretion 
of the Administrator, be made available to Fayette County, 
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Alabama, for water system upgrades: Provided further, 
That, notwithstanding the joint explanatory statement of 
the Committee on Appropriations of the House of Rep-
resentatives accompanying Public Law 111–8 (123 Stat. 
524), the amount of $500,000 made available to the San 
Bernardino Municipal Water District for the Inland Em-
pire alternative water supply project (as described in the 
table entitled ‘‘Congressionally Designated Spending’’ con-
tained in section 430 of that joint explanatory statement) 
may, at the discretion of the Administrator, be made avail-
able to the city of San Bernardino municipal water depart-
ment for that project: Provided further, That, notwith-
standing the joint explanatory statement of the Committee 
on Appropriations of the House of Representatives accom-
panying the Consolidated Appropriations Act, 2008 (Public 
Law 110–161; 121 Stat. 1844), from funds made available 
by that Act for the State and Tribal Assistance Grants pro-
gram, $170,800 may, at the discretion of the Administrator, 
be made available to the city of Prescott for a wastewater 
treatment plant construction project and $129,200 may, at 
the discretion of the Administrator, be made available to 
the city of Wichita for a storm water technology pilot 
project: Provided further, That, notwithstanding the joint 
explanatory statement of the Committee on Appropriations 
of the House of Representatives accompanying the Omnibus 
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ally Designated Spending’’ contained in section 430 of that 
joint explanatory statement) may, at the discretion of the 
Administrator, be made available to Johnson County, Mis-
souri for that project: Provided further, That, notwith-
standing the joint explanatory statement of the Committee 
on Appropriations of the House of Representatives accom-
panying Public Law 111–8 (123 Stat. 524), the amount 
of $1,000,000 made available to the City of Gravois Mills 
for wastewater infrastructure (as described in the table enti-
tled ‘‘Congressionally Designated Spending’’ contained in 
section 430 of that joint explanatory statement) may, at 
the discretion of the Administrator, be made available to 
the Gravois Arm Sewer District for that project: Provided 
further, That, notwithstanding the joint explanatory state-
ment of the Committee on Appropriations of the House of 
Representatives accompanying Public Law 111–8 (123 
Stat. 524), the amount of $500,000 made available to 
McDonald County, Missouri for a wastewater infrastruc-
ture expansion project (as described in the table entitled 
‘‘Congressionally Designated Spending’’ contained in sec-
tion 430 of that joint explanatory statement) may, at the 
discretion of the Administrator, be made available to 
PWSD #1 of McDonald County, Missouri for that project: 
Provided further, That, notwithstanding the joint explana-
tory statement of the Committee on Appropriations of the 
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ADMINISTRATIVE PROVISIONS, ENVIRONMENTAL 
PROTECTION AGENCY 
(INCLUDING RESCISSION OF FUNDS) 
For fiscal year 2010, notwithstanding 31 U.S.C. 
6303(1) and 6305(1), the Administrator of the Environ-
mental Protection Agency, in carrying out the Agency’s 
function to implement directly Federal environmental pro-
grams required or authorized by law in the absence of an 
acceptable tribal program, may award cooperative agree-
ments to federally recognized Indian Tribes or Intertribal 
consortia, if authorized by their member Tribes, to assist 
the Administrator in implementing Federal environmental 
programs for Indian Tribes required or authorized by law, 
except that no such cooperative agreements may be awarded 
from funds designated for State financial assistance agree-
ments. 
The Administrator of the Environmental Protection 
Agency is authorized to collect and obligate pesticide reg-
istration service fees in accordance with section 33 of the 
Federal Insecticide, Fungicide, and Rodenticide Act, as 
amended by Public Law 110–94, the Pesticide Registration 
Improvement Renewal Act. 
The Administrator is authorized to transfer up to 50 
percent of the funds appropriated for the Great Lakes Ini-
tiative under the heading ‘‘Environmental Programs and 
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Management’’ to the head of any Federal department or 
agency, with the concurrence of such head, to carry out ac-
tivities that would support the Great Lakes Restoration Ini-
tiative and Great Lakes Water Quality Agreement pro-
grams, projects, or activities; to enter into an interagency 
agreement with the head of such Federal department or 
agency to carry out these activities; and to make grants 
to governmental entities, nonprofit organizations, institu-
tions, and individuals for planning, research, monitoring, 
outreach, and implementation in furtherance of the Great 
Lakes Restoration Initiative and the Great Lakes Water 
Quality Agreement. 
From unobligated balances to carry out projects and 
activities funded through the State and Tribal Assistance 
Grants Account, $40,000,000 are permanently rescinded: 
Provided, That no amounts may be rescinded from amounts 
that were designated by Congress as an emergency require-
ment pursuant to the Concurrent Resolution on the Budget 
or the Balanced Budget and Emergency Deficit Control Act 
of 1985, as amended. 
GENERAL PROVISIONS, ENVIRONMENTAL PROTECTION 
AGENCY 
BLACK CARBON 
SEC. 201. (a) Not later than 18 months after the date 
of enactment of this Act, the Administrator, in consultation 
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with other Federal agencies, may carry out and submit to 
Congress the results of a study to define black carbon, assess 
the impacts of black carbon on global and regional climate, 
and identify the most cost-effective ways to reduce black car-
bon emissions— 
(1) to improve global and domestic public health; 
and 
(2) to mitigate the climate impacts of black car-
bon. 
(b) In carrying out the study, the Administrator 
shall— 
(1) identify global and domestic black carbon 
sources, the quantities of emissions from those sources, 
and cost-effective mitigation technologies and strate-
gies; 
(2) evaluate the public health, climate, and eco-
nomic impacts of black carbon; 
(3) identify current and practicable future op-
portunities to provide financial, technical, and re-
lated assistance to reduce domestic and international 
black carbon emissions; and 
(4) identify opportunities for future research and 
development to reduce black carbon emissions and 
protect public health in the United States and inter-
nationally. 
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(c) Of the amounts made available under this title 
under the heading ‘‘ENVIRONMENTAL PROGRAMS AND MAN-
AGEMENT’’ for operations and administration, up to 
$2,000,000 shall be— 
(1) transferred to the account used to fund the 
Office of Air Quality Planning and Standards of the 
Environmental Protection Agency; and 
(2) used by the Administrator to carry out this 
section. 
TITLE III 
RELATED AGENCIES 
DEPARTMENT OF AGRICULTURE 
FOREST SERVICE 
FOREST AND RANGELAND RESEARCH 
For necessary expenses of forest and rangeland re-
search as authorized by law, $307,012,000, to remain avail-
able until expended: Provided, That of the funds provided, 
$66,939,000 is for the forest inventory and analysis pro-
gram. 
STATE AND PRIVATE FORESTRY 
For necessary expenses of cooperating with and pro-
viding technical and financial assistance to States, terri-
tories, possessions, and others, and for forest health manage-
ment, including treatments of pests, pathogens, and 
invasive or noxious plants and for restoring and rehabili-
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tating forests damaged by pests or invasive plants, coopera-
tive forestry, and education and land conservation activi-
ties and conducting an international program as author-
ized, $276,946,000, to remain available until expended, as 
authorized by law; and of which $55,145,000 is to be de-
rived from the Land and Water Conservation Fund. 
NATIONAL FOREST SYSTEM 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses of the Forest Service, not other-
wise provided for, for management, protection, improve-
ment, and utilization of the National Forest System, 
$1,552,429,000, to remain available until expended, which 
shall include 50 percent of all moneys received during prior 
fiscal years as fees collected under the Land and Water Con-
servation Fund Act of 1965, as amended, in accordance 
with section 4 of the Act (16 U.S.C. 460l–6a(i)) and of 
which $2,000,000 may be made available to the Pest and 
Disease Revolving Loan Fund established by section 
10205(b) of the Food, Conservation, and Energy Act of 2008 
(16 U.S.C. 2104a(b)): Provided, That, through fiscal year 
2014, the Secretary of Agriculture may authorize the ex-
penditure or transfer of such sums as are necessary to the 
Secretary of the Interior for removal, preparation and 
adoption of excess wild horses and burros from National 
Forest System lands and for the performance of cadastral 
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