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CONGRESSIONALLY DIRECTED SPENDING 
SEC. 422. Within the amounts appropriated in this 
Act, funding shall be allocated in the amounts specified for 
those projects and purposes delineated in the table titled 
‘‘Congressionally Directed Spending’’ included in the com-
mittee report accompanying this Act. 
PROHIBITION ON USE OF FUNDS 
SEC. 423. None of the funds made available under this 
Act may be distributed to the Association of Community 
Organizations for Reform Now (ACORN) or its subsidi-
aries. 
PROHIBITION ON USE OF WILDLAND FIRE MANAGEMENT 
STIMULUS FUNDS IN THE DISTRICT OF COLUMBIA 
SEC. 424. Notwithstanding any other provision of law, 
none of the funds made available under the American Re-
covery and Reinvestment Act of 2009 (Public Law 111–5; 
123 Stat. 115) for wildland fire management shall be used 
in the District of Columbia. 
JUNGO DISPOSAL SITE EVALUATION 
SEC. 425. Using funds made available under this Act, 
the Director of the United States Geological Survey may 
conduct an evaluation of the aquifers in the area of the 
Jungo Disposal Site in Humboldt County, Nevada (referred 
to in this section as the ‘‘site’’), to evaluate— 
(1) how long it would take waste seepage (in-
cluding asbestos, discarded tires, and sludge from 
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water treatment plants) from the site to contaminate 
local underground water resources; 
(2) the distance that contamination from the site 
would travel in each of— 
(A) 95 years; and 
(B) 190 years; 
(3) the potential impact of expected waste seep-
age from the site on nearby surface water resources, 
including Rye Patch Reservoir and the Humboldt 
River; 
(4) the size and elevation of the aquifers; and 
(5) any impact that the waste seepage from the 
site would have on the municipal water resources of 
Winnemucca, Nevada. 
BUYOUT AND RELOCATION 
SEC. 426. (a) As soon as practicable after the date of 
enactment of this Act, the Administrator of the Environ-
mental Protection Agency (referred to in this section as the 
‘‘Administrator’’) is encouraged to consider all appropriate 
criteria, including cost-effectiveness, relating to the buyout 
and relocation of residents of properties in Treece, Kansas, 
that are subject to risk relating to, and that may endanger 
the health of occupants as a result of risks posed by, chat 
(as defined in section 278.1(b) of title 40, Code of Federal 
Regulations (as in effect on the date of enactment of this 
Act)). 
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(b) For the purpose of the remedial action under the 
Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) that in-
cludes permanent relocation of residents of Treece, Kansas, 
any such relocation shall not be subject to the Uniform Relo-
cation Assistance and Real Property Acquisition Policies 
Act of 1970 (42 U.S.C. 4601 et seq.). 
(c) Nothing in this section shall in any way affect, 
impede, or change the relocation or remediation activities 
pursuant to the Record of Decision Operable Unit 4, Chat 
Piles, Other Mine and Mill Waste, and Smelter Waste, Tar 
Creek 
Superfund 
Site, 
Ottawa 
County, 
Oklahoma 
(OKD980629844) issued by the Environmental Protection 
Agency Region 6 on February 20, 2008, or any other pre-
vious Record of Decision at the Tar Creek, Oklahoma, Na-
tional Priority List Site, by any Federal agency or through 
any funding by any Federal agency. 
SEC. 427. Section 404(c) of the Agricultural Research, 
Extension, and Education Reform Act of 1998 (7 U.S.C. 
7624(c)) is amended— 
(1) in paragraph (1), by striking ‘‘Agricultural 
Research Service’’ and inserting ‘‘Department of Ag-
riculture’’; and 
(2) by adding at the end the following: 
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‘‘(3) AUTHORITY OF SECRETARY.—To carry out 
a cooperative agreement with a private entity under 
paragraph (1), the Secretary may rent to the private 
entity equipment, the title of which is held by the 
Federal Government.’’. 
SEC. 428. It is the sense of the Senate that the Sen-
ate— 
(1) supports the National Vehicle Mercury 
Switch Recovery Program as an effective way to re-
duce mercury pollution from electric arc furnaces 
used by the steel industry to melt scrap metal from 
old vehicles; and 
(2) urges the founders of the Program to secure 
private sector financial support so that the successful 
efforts of the Program to reduce mercury pollution 
may continue. 
NATIONAL FOREST FOUNDATION 
SEC. 429. Section 403(a) of the National Forest Foun-
dation Act (16 U.S.C. 583j–1(a)) is amended, in the first 
sentence, by striking ‘‘fifteen Directors’’ and inserting ‘‘not 
more than 30 Directors’’. 
CABIN USER FEES 
SEC. 430. Notwithstanding any other provision of law, 
none of the funds made available by this Act shall be used 
to increase the amount of cabin user fees under section 608 
of the Cabin User Fee Fairness Act of 2000 (16 U.S.C. 
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6207) to an amount beyond the amount levied on December 
31, 2009. 
FLAME FUND FOR EMERGENCY WILDFIRE SUPPRESSION 
ACTIVITIES 
SEC. 431. (a) DEFINITIONS.—In this section: 
(1) FEDERAL LAND.—The term ‘‘Federal land’’ 
means— 
(A) public land, as defined in section 103 of 
the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1702); 
(B) units of the National Park System; 
(C) refuges of the National Wildlife Refuge 
System; 
(D) land held in trust by the United States 
for the benefit of Indian tribes or members of an 
Indian tribe; and 
(E) land in the National Forest System, as 
defined in section 11(a) of the Forest and Range-
land Renewable Resources Planning Act of 1974 
(16 U.S.C. 1609(a)). 
(2) FLAME
FUND.—The term ‘‘Flame Fund’’ 
means the Federal Land Assistance, Management, 
and Enhancement Fund established by subsection (b). 
(3) 
SECRETARIES.—The 
term 
‘‘Secretaries’’ 
means the Secretary of the Interior and the Secretary 
of Agriculture, acting jointly. 
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(4) SECRETARY
CONCERNED.—The term ‘‘Sec-
retary concerned’’ means— 
(A) the Secretary of the Interior, with re-
spect to Federal land described in subparagraphs 
(A), (B), (C), and (D) of paragraph (1); and 
(B) the Secretary of Agriculture, with re-
spect to National Forest System land. 
(b) ESTABLISHMENT OF FLAME FUND.—There is es-
tablished in the Treasury of the United States a fund to 
be known as the ‘‘Federal Land Assistance, Management, 
and Enhancement Fund’’, consisting of— 
(1) such amounts as are appropriated to the 
Flame Fund; and 
(2) such amounts as are transferred to the Flame 
Fund under subsection (d). 
(c) FUNDING.— 
(1) AUTHORIZATION OF APPROPRIATIONS.— 
(A) IN GENERAL.—There are authorized to 
be appropriated to the Flame Fund such 
amounts as are necessary to carry out this sec-
tion. 
(B) CONGRESSIONAL INTENT.—It is the in-
tent of Congress that the amounts appropriated 
to the Flame Fund for each fiscal year should be 
not less than the combined average amount ex-
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pended by each Secretary concerned for emer-
gency wildfire suppression activities over the 5 
fiscal years preceding the fiscal year for which 
amounts are appropriated. 
(C) AVAILABILITY.—Amounts appropriated 
to the Flame Fund shall remain available until 
expended. 
(2) APPROPRIATION.—There is appropriated to 
the Flame Fund, out of funds of the Treasury not oth-
erwise appropriated, $834,000,000. 
(3) SENSE OF CONGRESS ON DESIGNATION OF 
FLAME FUND APPROPRIATIONS AS EMERGENCY RE-
QUIREMENT.—It is the sense of Congress that further 
amounts appropriated to the Flame Fund should be 
designated as amounts necessary to meet emergency 
needs. 
(4) NOTICE OF INSUFFICIENT FUNDS.—The Sec-
retaries shall notify the congressional committees de-
scribed in subsection (h)(2) if the Secretaries estimate 
that only 60 days worth of funding remains in the 
Flame Fund. 
(d) TRANSFER OF EXCESS WILDFIRE SUPPRESSION 
AMOUNTS INTO FLAME FUND.—At the end of each fiscal 
year, the Secretary concerned shall transfer to the Flame 
Fund amounts that— 
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(1) are appropriated to the Secretary concerned 
for wildfire suppression activities for the fiscal year; 
but 
(2) are not obligated for wildfire suppression ac-
tivities before the end of the fiscal year. 
(e) USE OF FLAME FUND.— 
(1) IN
GENERAL.—Subject to paragraphs (2), 
(3), and (4), amounts in the Flame Fund shall be 
available to the Secretary concerned to pay the costs 
of emergency wildfire suppression activities that are 
separate from amounts annually appropriated to the 
Secretary concerned for routine wildfire suppression 
activities. 
(2) DECLARATION REQUIRED.— 
(A) IN GENERAL.—Amounts in the Flame 
Fund shall be made available to the Secretary 
concerned only after the Secretaries issue a dec-
laration that a wildfire suppression activity is 
eligible for funding from the Flame Fund. 
(B) DECLARATION
CRITERIA.—A declara-
tion by the Secretaries under subparagraph (A) 
may be issued only if— 
(i) in the case of an individual wild-
fire incident— 
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(I) the fire covers 300 or more 
acres; and 
(II) the Secretaries determine that 
the fire has required an emergency 
Federal response based on the signifi-
cant complexity, severity, or threat 
posed by the fire to human life, prop-
erty, or resources; or 
(ii) the cumulative costs of wildfire 
suppression activities for the Secretary con-
cerned have exceeded the amounts appro-
priated to the Secretary concerned for those 
activities (not including funds deposited in 
the Flame Fund). 
(3) TRANSFER OF AMOUNTS TO SECRETARY CON-
CERNED.—After issuance of a declaration under 
paragraph (2) and on request of the Secretary con-
cerned, the Secretary of the Treasury shall transfer 
from the Flame Fund to the Secretary concerned such 
amounts as the Secretaries determine are necessary 
for wildfire suppression activities associated with the 
declaration. 
(4) STATE, PRIVATE, AND TRIBAL LAND.—Use of 
the Flame Fund for emergency wildfire suppression 
activities on State land, private land, and tribal land 
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shall be consistent with any existing agreements in 
which the Secretary concerned has agreed to assume 
responsibility for wildfire suppression activities on 
the land. 
(f) TREATMENT OF ANTICIPATED AND PREDICTED AC-
TIVITIES.— 
(1) 
IN
GENERAL.—Subject 
to 
subsection 
(e)(2)(B)(ii), the Secretary concerned shall continue 
to fund routine wildfire suppression activities within 
the appropriate agency budget for each fiscal year. 
(2) CONGRESSIONAL INTENT.—It is the intent of 
Congress that funding made available through the 
Flame Fund be used— 
(A) to supplement the funding otherwise ap-
propriated to the Secretary concerned; and 
(B) only for purposes in, and instances con-
sistent with, this section. 
(g) PROHIBITION
ON
OTHER
TRANSFERS.—Any 
amounts in the Flame Fund and any amounts appro-
priated for the purpose of wildfire suppression on Federal 
land shall be obligated before the Secretary concerned may 
transfer funds from non-fire accounts for wildfire suppres-
sion. 
(h) ACCOUNTING AND REPORTS.— 
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(1) ACCOUNTING AND REPORTING SYSTEM.—The 
Secretaries shall establish an accounting and report-
ing system for the Flame Fund that is compatible 
with existing National Fire Plan reporting proce-
dures. 
(2) ANNUAL REPORT.—Annually, the Secretaries 
shall submit to the Committee on Natural Resources, 
the Committee on Agriculture, and the Committee on 
Appropriations of the House of Representatives and 
the Committee on Energy and Natural Resources, the 
Committee on Indian Affairs, and the Committee on 
Appropriations of the Senate and make available to 
the public a report that— 
(A) describes the use of amounts from the 
Flame Fund; and 
(B) includes any recommendations that the 
Secretaries may have to improve the administra-
tive control and oversight of the Flame Fund. 
(3) ESTIMATES
OF
WILDFIRE
SUPPRESSION 
COSTS TO IMPROVE BUDGETING AND FUNDING.— 
(A) IN
GENERAL.—Consistent with the 
schedule provided in subparagraph (C), the Sec-
retaries shall submit to the committees described 
in paragraph (2) an estimate of anticipated 
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wildfire suppression costs for the applicable fis-
cal year and the subsequent fiscal year. 
(B) PEER
REVIEW.—The methodology for 
developing the estimates under subparagraph (A) 
shall be subject to periodic peer review to ensure 
compliance with subparagraph (D). 
(C) SCHEDULE.—The Secretaries shall sub-
mit an estimate under subparagraph (A) dur-
ing— 
(i) the first week of February of each 
year; 
(ii) the first week of April of each year; 
(iii) the first week of July of each year; 
and 
(iv) if a bill making appropriations 
for the Department of the Interior and the 
Forest Service for the following fiscal year 
has not been enacted by September 1, the 
first week of September of each year. 
(D) REQUIREMENTS.—An estimate of an-
ticipated wildfire suppression costs shall be de-
veloped using the best available— 
(i) climate, weather, and other relevant 
data; and 
(ii) models and other analytic tools. 
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(i) TERMINATION
OF AUTHORITY.—The authority 
under this section shall terminate at the end of the third 
fiscal year in which no appropriations to or withdrawals 
from the Flame Fund have been made for a period of 3 
consecutive fiscal years. 
COHESIVE WILDFIRE MANAGEMENT STRATEGY 
SEC. 432. (a) STRATEGY REQUIRED.—Not later than 
1 year after the date of enactment of this Act, the Secretary 
of the Interior and the Secretary of Agriculture, acting 
jointly, shall submit to Congress a report that contains a 
cohesive wildfire management strategy, consistent with the 
recommendations described in recent reports of the Govern-
ment Accountability Office regarding management strate-
gies. 
(b) ELEMENTS OF STRATEGY.—The strategy required 
by subsection (a) shall provide for— 
(1) the identification of the most cost-effective 
means for allocating fire management budget re-
sources; 
(2) the reinvestment in non-fire programs by the 
Secretary of the Interior and the Secretary of Agri-
culture; 
(3) employing the appropriate management re-
sponse to wildfires; 
(4) assessing the level of risk to communities; 
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(5) the allocation of hazardous fuels reduction 
funds based on the priority of hazardous fuels reduc-
tion projects; 
(6) assessing the impacts of climate change on 
the frequency and severity of wildfire; and 
(7) studying the effects of invasive species on 
wildfire risk. 
(c) REVISION.—At least once during each 5-year pe-
riod beginning on the date of the submission of the cohesive 
wildfire management strategy under subsection (a), the Sec-
retaries shall revise the strategy submitted under that sub-
section to address any changes affecting the strategy, in-
cluding changes with respect to landscape, vegetation, cli-
mate, and weather. 
PROHIBITION ON NO-BID CONTRACTS AND GRANTS 
SEC. 433. (a) Notwithstanding any other provision of 
this Act, none of the funds appropriated or otherwise made 
available by this Act may be— 
(1) used to make any payment in connection 
with a contract not awarded using competitive proce-
dures in accordance with the requirements of section 
303 of the Federal Property and Administrative Serv-
ices Act of 1949 (41 U.S.C. 253), section 2304 of title 
10, United States Code, and the Federal Acquisition 
Regulation; or 
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(2) awarded by grant not subjected to merit- 
based competitive procedures, needs-based criteria, or 
other procedures specifically authorized by law to se-
lect the grantee or award recipient. 
(b) This prohibition shall not apply to the awarding 
of contracts or grants with respect to which— 
(1) no more than one applicant submits a bid 
for a contract or grant; or 
(2) Federal law specifically authorizes a grant or 
contract to be entered into without regard for these re-
quirements, including formula grants for States, or 
Federally recognized Indian tribes; or 
(3) such contracts or grants are authorized by 
the Indian Self-Determination and Education and 
Assistance Act (Public Law 93–638, 25 U.S.C. 450 et 
seq., as amended) or by any other Federal laws that 
specifically authorize a grant or contract with an In-
dian tribe as defined in section 4(e) of that Act (25 
U.S.C. 450b (e)). 
SEC. 434. (a) Notwithstanding any other provision of 
this Act and except as provided in subsection (b), any re-
port required to be submitted by a Federal agency or de-
partment to the Committee on Appropriations of either the 
Senate or the House of Representatives in this Act shall 
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be posted on the public website of that agency upon receipt 
by the committee. 
(b) Subsection (a) shall not apply to a report if— 
(1) the public posting of the report compromises 
national security; or 
(2) the report contains proprietary information. 
SEC. 435. Section 1971(1) of the Omnibus Public Land 
Management Act of 2009 (16 U.S.C. 460www note; Public 
Law 111–11) is amended by striking ‘‘December 18, 2008’’ 
and inserting ‘‘September 20, 2009’’. 
TAR CREEK SUPERFUND SITE 
SEC. 436. (a) IN GENERAL.—To expedite the cleanup 
of the Federal land and Indian land at the Tar Creek 
Superfund Site (referred to in this section as the ‘‘site’’), 
any purchase of chat (as defined in section 278.1(b) of title 
40, Code of Federal Regulations (or a successor regulation)), 
from the site shall be— 
(1) counted at twice the purchase price of the 
chat; and 
(2) eligible to be counted toward meeting the fed-
erally required disadvantaged business enterprise set- 
aside on federally funded projects. 
(b) RESTRICTED INDIAN OWNERS.—Subsection (a) 
shall only apply if the purchase of chat is made from 1 
or more restricted Indian owners or an Indian tribe. 
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