Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010
PL 111-88 (H.R.2996), enacted 10/30/2009

123 STAT. 2904 
PUBLIC LAW 111–88—OCT. 30, 2009 
Public Law 111–88 
111th Congress 
An Act 
Making appropriations for the Department of the Interior, environment, and related 
agencies for the fiscal year ending September 30, 2010, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
REFERENCES 
SECTION 1. Except as expressly provided otherwise, any ref-
erence to ‘‘this Act’’ contained in any division of this Act shall 
be treated as referring only to the provisions of that division. 
DIVISION A—DEPARTMENT OF THE INTERIOR, ENVIRON-
MENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 
2010 
The following sums are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the Department of 
the Interior, environment, and related agencies for the fiscal year 
ending September 30, 2010, and for other purposes, namely: 
TITLE I—DEPARTMENT OF THE INTERIOR 
BUREAU OF LAND MANAGEMENT 
MANAGEMENT OF LANDS AND RESOURCES 
(INCLUDING RESCISSION OF FUNDS) 
For necessary expenses for protection, use, improvement, 
development, disposal, cadastral surveying, classification, acquisi-
tion of easements and other interests in lands, and performance 
of other functions, including maintenance of facilities, as authorized 
by law, in the management of lands and their resources under 
the jurisdiction of the Bureau of Land Management, including the 
general administration of the Bureau, and assessment of mineral 
potential of public lands pursuant to Public Law 96–487 (16 U.S.C. 
3150(a)), $959,571,000, to remain available until expended; of which 
$3,000,000 shall be available in fiscal year 2010 subject to a match 
by at least an equal amount by the National Fish and Wildlife 
Foundation for cost-shared projects supporting conservation of 
Bureau lands; and such funds shall be advanced to the Foundation 
as a lump sum grant without regard to when expenses are incurred. 
Department of 
the Interior, 
Environment, 
and Related 
Agencies 
Appropriations 
Act, 2010. 
Oct. 30, 2009 
[H.R. 2996] 
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123 STAT. 2905 
PUBLIC LAW 111–88—OCT. 30, 2009 
In addition, $45,500,000 is for the processing of applications 
for permit to drill and related use authorizations, to remain avail-
able until expended, to be reduced by amounts collected by the 
Bureau and credited to this appropriation that shall be derived 
from $6,500 per new application for permit to drill that the Bureau 
shall collect upon submission of each new application, and in addi-
tion, $36,696,000 is for Mining Law Administration program oper-
ations, including the cost of administering the mining claim fee 
program; to remain available until expended, to be reduced by 
amounts collected by the Bureau and credited to this appropriation 
from mining claim maintenance fees and location fees that are 
hereby authorized for fiscal year 2010 so as to result in a final 
appropriation estimated at not more than $959,571,000, and 
$2,000,000, to remain available until expended, from communication 
site rental fees established by the Bureau for the cost of admin-
istering communication site activities: Provided, That notwith-
standing section 430 of division E of Public Law 111–8, the amount 
of $1,000,000 made available to the Bureau of Land Management 
for the shipment and storage of oil shale core samples in the 
State of Colorado, as described in the table entitled ‘‘Congressionally 
Designated Spending’’ contained in the joint explanatory statement, 
is rescinded. 
CONSTRUCTION 
For construction of buildings, recreation facilities, roads, trails, 
and appurtenant facilities, $8,626,000, to remain available until 
expended. 
LAND ACQUISITION 
For expenses necessary to carry out sections 205, 206, and 
318(d) of Public Law 94–579, including administrative expenses 
and acquisition of lands or waters, or interests therein, $29,650,000, 
to be derived from the Land and Water Conservation Fund and 
to remain available until expended: Provided, That, notwithstanding 
the joint explanatory statement of the Committee on Appropriations 
of the House of Representatives accompanying Public Law 111– 
8 (123 Stat. 524), the amount of $2,000,000 made available for 
the Henry’s Lake ACEC in the State of Idaho (as described in 
the table entitled ‘‘Congressionally Designated Spending’’ contained 
in section 430 of that joint explanatory statement) shall be made 
available for the Upper Snake/South Fork River ACEC/SRMA in 
the State of Idaho. 
OREGON AND CALIFORNIA GRANT LANDS 
For expenses necessary for management, protection, and 
development of resources and for construction, operation, and 
maintenance of access roads, reforestation, and other improvements 
on the revested Oregon and California Railroad grant lands, on 
other Federal lands in the Oregon and California land-grant coun-
ties of Oregon, and on adjacent rights-of-way; and acquisition of 
lands or interests therein, including existing connecting roads on 
or adjacent to such grant lands; $111,557,000, to remain available 
until expended: Provided, That 25 percent of the aggregate of all 
receipts during the current fiscal year from the revested Oregon 
and California Railroad grant lands is hereby made a charge against 
Idaho. 
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123 STAT. 2906 
PUBLIC LAW 111–88—OCT. 30, 2009 
the Oregon and California land-grant fund and shall be transferred 
to the General Fund in the Treasury in accordance with the second 
paragraph of subsection (b) of title II of the Act of August 28, 
1937 (50 Stat. 876). 
FOREST ECOSYSTEM HEALTH AND RECOVERY FUND 
(REVOLVING FUND, SPECIAL ACCOUNT) 
In addition to the purposes authorized in Public Law 102– 
381, funds made available in the Forest Ecosystem Health and 
Recovery Fund can be used through fiscal year 2015 for the purpose 
of planning, preparing, implementing and monitoring salvage 
timber sales and forest ecosystem health and recovery activities, 
such as release from competing vegetation and density control treat-
ments. The Federal share of receipts (defined as the portion of 
salvage timber receipts not paid to the counties under 43 U.S.C. 
1181f and 43 U.S.C. 1181f–1 et seq., and Public Law 106–393) 
derived from treatments funded by this account shall be deposited 
through fiscal year 2015 into the Forest Ecosystem Health and 
Recovery Fund. 
RANGE IMPROVEMENTS 
For rehabilitation, protection, and acquisition of lands and 
interests therein, and improvement of Federal rangelands pursuant 
to section 401 of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1701), notwithstanding any other Act, sums 
equal to 50 percent of all moneys received during the prior fiscal 
year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 
315 et seq.) and the amount designated for range improvements 
from grazing fees and mineral leasing receipts from Bankhead- 
Jones lands transferred to the Department of the Interior pursuant 
to law, but not less than $10,000,000, to remain available until 
expended: Provided, That not to exceed $600,000 shall be available 
for administrative expenses. 
SERVICE CHARGES, DEPOSITS, AND FORFEITURES 
For administrative expenses and other costs related to proc-
essing application documents and other authorizations for use and 
disposal of public lands and resources, for costs of providing copies 
of official public land documents, for monitoring construction, oper-
ation, and termination of facilities in conjunction with use 
authorizations, and for rehabilitation of damaged property, such 
amounts as may be collected under Public Law 94–579, as amended, 
and Public Law 93–153, to remain available until expended: Pro-
vided, That, notwithstanding any provision to the contrary of section 
305(a) of Public Law 94–579 (43 U.S.C. 1735(a)), any moneys that 
have been or will be received pursuant to that section, whether 
as a result of forfeiture, compromise, or settlement, if not appro-
priate for refund pursuant to section 305(c) of that Act (43 U.S.C. 
1735(c)), shall be available and may be expended under the 
authority of this Act by the Secretary to improve, protect, or 
rehabilitate any public lands administered through the Bureau 
of Land Management which have been damaged by the action 
of a resource developer, purchaser, permittee, or any unauthorized 
person, without regard to whether all moneys collected from each 
43 USC 1735 
note. 
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123 STAT. 2907 
PUBLIC LAW 111–88—OCT. 30, 2009 
such action are used on the exact lands damaged which led to 
the action: Provided further, That any such moneys that are in 
excess of amounts needed to repair damage to the exact land 
for which funds were collected may be used to repair other damaged 
public lands. 
MISCELLANEOUS TRUST FUNDS 
In addition to amounts authorized to be expended under 
existing laws, there is hereby appropriated such amounts as may 
be contributed under section 307 of the Act of October 21, 1976 
(43 U.S.C. 1701), and such amounts as may be advanced for 
administrative costs, surveys, appraisals, and costs of making 
conveyances of omitted lands under section 211(b) of that Act, 
to remain available until expended. 
ADMINISTRATIVE PROVISIONS 
The Bureau of Land Management may carry out the operations 
funded under this Act by direct expenditure, contracts, grants, 
cooperative agreements and reimbursable agreements with public 
and private entities. Projects funded pursuant to a written commit-
ment by a State government to provide an identified amount of 
money in support of the project may be carried out by the bureau 
upon receipt of the written commitment. Appropriations for the 
Bureau of Land Management (BLM) shall be available for purchase, 
erection, and dismantlement of temporary structures, and alteration 
and maintenance of necessary buildings and appurtenant facilities 
to which the United States has title; up to $100,000 for payments, 
at the discretion of the Secretary, for information or evidence con-
cerning violations of laws administered by the Bureau; miscella-
neous and emergency expenses of enforcement activities authorized 
or approved by the Secretary and to be accounted for solely on 
the Secretary’s certificate, not to exceed $10,000: Provided, That 
notwithstanding 44 U.S.C. 501, the Bureau may, under cooperative 
cost-sharing and partnership arrangements authorized by law, pro-
cure printing services from cooperators in connection with jointly 
produced publications for which the cooperators share the cost 
of printing either in cash or in services, and the Bureau determines 
the cooperator is capable of meeting accepted quality standards: 
Provided further, That projects to be funded pursuant to a written 
commitment by a State government to provide an identified amount 
of money in support of the project may be carried out by the 
Bureau on a reimbursable basis. Appropriations herein made shall 
not be available for the destruction of healthy, unadopted, wild 
horses and burros in the care of the Bureau of Land Management 
or its contractors or for the sale of wild horses and burros that 
results in their destruction for processing into commercial products: 
Provided further, That title I of division E of the Omnibus Appro-
priations Act, 2009, is further amended, under the heading ‘‘Depart-
ment of the Interior—Bureau of Land Management—Administrative 
Provisions’’ in the second paragraph: (1) by striking the phrase 
‘‘mining law administration’’ and inserting ‘‘from mining claim 
holders the mining claim maintenance fees and location’’; and (2) 
by striking ‘‘those’’: Provided further, That section 28f(a) of title 
30, United States Code, is amended by striking the phrase ‘‘for 
years 2004 through 2008,’’ and replacing it with ‘‘, to the extent 
provided in advance in Appropriations Acts,’’. Section 28g of title 
Ante, p. 704. 
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123 STAT. 2908 
PUBLIC LAW 111–88—OCT. 30, 2009 
30, United States Code, is amended by striking the phrase ‘‘and 
before September 30, 2008,’’ and replacing it with ‘‘, to the extent 
provided in advance in Appropriations Acts,’’. Section 28i of title 
30, United States Code, is amended by striking ‘‘28k’’ and replacing 
it with ‘‘28l’’. 
UNITED STATES FISH AND WILDLIFE SERVICE 
RESOURCE MANAGEMENT 
For necessary expenses of the United States Fish and Wildlife 
Service, as authorized by law, and for scientific and economic 
studies, general administration, and for the performance of other 
authorized functions related to such resources, $1,269,406,000, to 
remain available until September 30, 2011 except as otherwise 
provided herein: Provided, That $2,500,000 is for high priority 
projects, which shall be carried out by the Youth Conservation 
Corps: Provided further, That not to exceed $22,103,000 shall be 
used for implementing subsections (a), (b), (c), and (e) of section 
4 of the Endangered Species Act, as amended, (except for processing 
petitions, developing and issuing proposed and final regulations, 
and taking any other steps to implement actions described in sub-
section (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to exceed 
$11,632,000 shall be used for any activity regarding the designation 
of critical habitat, pursuant to subsection (a)(3), excluding litigation 
support, for species listed pursuant to subsection (a)(1) prior to 
October 1, 2009: Provided further, That of the amount available 
for law enforcement, up to $400,000, to remain available until 
expended, may at the discretion of the Secretary be used for pay-
ment for information, rewards, or evidence concerning violations 
of laws administered by the Service, and miscellaneous and emer-
gency expenses of enforcement activity, authorized or approved 
by the Secretary and to be accounted for solely on the Secretary’s 
certificate: Provided further, That of the amount provided for 
environmental contaminants, up to $1,000,000 may remain avail-
able until expended for contaminant sample analyses. 
CONSTRUCTION 
For construction, improvement, acquisition, or removal of 
buildings and other facilities required in the conservation, manage-
ment, investigation, protection, and utilization of fishery and wild-
life resources, and the acquisition of lands and interests therein; 
$37,439,000, to remain available until expended: Provided, That 
funds provided under this heading in Public Law 111–8, division 
E for Kealia Pond National Wildlife Refuge, Nisqually National 
Wildlife Refuge, Patuxent Research Refuge, Tennessee National 
Wildlife Refuge, and Mammoth Springs National Fish Hatchery 
may be reallocated to acquire migratory bird survey aircraft and 
for construction at Neosho National Fish Hatchery. 
LAND ACQUISITION 
For expenses necessary to carry out the Land and Water Con-
servation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through 
11), including administrative expenses, and for acquisition of land 
or waters, or interest therein, in accordance with statutory authority 
applicable to the United States Fish and Wildlife Service, 
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123 STAT. 2909 
PUBLIC LAW 111–88—OCT. 30, 2009 
$86,340,000, to be derived from the Land and Water Conservation 
Fund and to remain available until expended, of which, notwith-
standing 16 U.S.C. 460l–9, not more than $4,000,000 shall be for 
land conservation partnerships authorized by the Highlands Con-
servation Act of 2004, including not to exceed $120,000 for adminis-
trative expenses: Provided, That none of the funds appropriated 
for specific land acquisition projects may be used to pay for any 
administrative overhead, planning or other management costs. 
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND 
For expenses necessary to carry out section 6 of the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended, 
$85,000,000, to remain available until expended, of which 
$29,000,000 is to be derived from the Cooperative Endangered 
Species Conservation Fund, of which $5,145,706 shall be for the 
Idaho Salmon and Clearwater River Basins Habitat Account pursu-
ant to the Snake River Water Rights Act of 2004; and of which 
$56,000,000 is to be derived from the Land and Water Conservation 
Fund. 
NATIONAL WILDLIFE REFUGE FUND 
For expenses necessary to implement the Act of October 17, 
1978 (16 U.S.C. 715s), $14,500,000. 
NORTH AMERICAN WETLANDS CONSERVATION FUND 
For expenses necessary to carry out the provisions of the North 
American Wetlands Conservation Act, as amended (16 U.S.C. 4401– 
4414), $47,647,000, to remain available until expended. 
NEOTROPICAL MIGRATORY BIRD CONSERVATION 
For expenses necessary to carry out the Neotropical Migratory 
Bird Conservation Act, as amended, (16 U.S.C. 6101 et seq.), 
$5,000,000, to remain available until expended. 
MULTINATIONAL SPECIES CONSERVATION FUND 
For expenses necessary to carry out the African Elephant Con-
servation Act (16 U.S.C. 4201–4203, 4211–4214, 4221–4225, 4241– 
4246, and 1538), the Asian Elephant Conservation Act of 1997 
(16 U.S.C. 4261–4266), the Rhinoceros and Tiger Conservation Act 
of 1994 (16 U.S.C. 5301–5306), the Great Ape Conservation Act 
of 2000 (16 U.S.C. 6301–6305), and the Marine Turtle Conservation 
Act of 2004 (16 U.S.C. 6601–6606), $11,500,000, to remain available 
until expended. 
STATE AND TRIBAL WILDLIFE GRANTS 
For wildlife conservation grants to States and to the District 
of Columbia, Puerto Rico, Guam, the United States Virgin Islands, 
the Northern Mariana Islands, American Samoa, and Indian tribes 
under the provisions of the Fish and Wildlife Act of 1956 and 
the Fish and Wildlife Coordination Act, for the development and 
implementation of programs for the benefit of wildlife and their 
habitat, including species that are not hunted or fished, 
$90,000,000, to remain available until expended: Provided, That 
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123 STAT. 2910 
PUBLIC LAW 111–88—OCT. 30, 2009 
of the amount provided herein, $7,000,000 is for a competitive 
grant program for Indian tribes not subject to the remaining provi-
sions of this appropriation: Provided further, That $5,000,000 is 
for a competitive grant program for States, territories, and other 
jurisdictions with approved plans, not subject to the remaining 
provisions of this appropriation: Provided further, That the Sec-
retary shall, after deducting $12,000,000 and administrative 
expenses, apportion the amount provided herein in the following 
manner: (1) to the District of Columbia and to the Commonwealth 
of Puerto Rico, each a sum equal to not more than one-half of 
1 percent thereof; and (2) to Guam, American Samoa, the United 
States Virgin Islands, and the Commonwealth of the Northern 
Mariana Islands, each a sum equal to not more than one-fourth 
of 1 percent thereof: Provided further, That the Secretary shall 
apportion the remaining amount in the following manner: (1) one- 
third of which is based on the ratio to which the land area of 
such State bears to the total land area of all such States; and 
(2) two-thirds of which is based on the ratio to which the population 
of such State bears to the total population of all such States: 
Provided further, That the amounts apportioned under this para-
graph shall be adjusted equitably so that no State shall be appor-
tioned a sum which is less than 1 percent of the amount available 
for apportionment under this paragraph for any fiscal year or 
more than 5 percent of such amount: Provided further, That the 
Federal share of planning grants shall not exceed 75 percent of 
the total costs of such projects and the Federal share of implementa-
tion grants shall not exceed 65 percent of the total costs of such 
projects: Provided further, That the non-Federal share of such 
projects may not be derived from Federal grant programs: Provided 
further, That any amount apportioned in 2010 to any State, terri-
tory, or other jurisdiction that remains unobligated as of September 
30, 2011, shall be reapportioned, together with funds appropriated 
in 2012, in the manner provided herein. 
ADMINISTRATIVE PROVISIONS 
The Fish and Wildlife Service may carry out the operations 
of Service programs by direct expenditure, contracts, grants, 
cooperative agreements and reimbursable agreements with public 
and private entities. Appropriations and funds available to the 
United States Fish and Wildlife Service shall be available for repair 
of damage to public roads within and adjacent to reservation areas 
caused by operations of the Service; options for the purchase of 
land at not to exceed $1 for each option; facilities incident to 
such public recreational uses on conservation areas as are consistent 
with their primary purpose; and the maintenance and improvement 
of aquaria, buildings, and other facilities under the jurisdiction 
of the Service and to which the United States has title, and which 
are used pursuant to law in connection with management, and 
investigation of fish and wildlife resources: Provided, That notwith-
standing 44 U.S.C. 501, the Service may, under cooperative cost 
sharing and partnership arrangements authorized by law, procure 
printing services from cooperators in connection with jointly pro-
duced publications for which the cooperators share at least one- 
half the cost of printing either in cash or services and the Service 
determines the cooperator is capable of meeting accepted quality 
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123 STAT. 2911 
PUBLIC LAW 111–88—OCT. 30, 2009 
standards: Provided further, That the Service may accept donated 
aircraft as replacements for existing aircraft. 
NATIONAL PARK SERVICE 
OPERATION OF THE NATIONAL PARK SYSTEM 
For expenses necessary for the management, operation, and 
maintenance of areas and facilities administered by the National 
Park Service (including expenses to carry out programs of the 
United States Park Police), and for the general administration 
of the National Park Service, $2,261,559,000, of which $9,982,000 
for planning and interagency coordination in support of Everglades 
restoration and $98,622,000 for maintenance, repair or rehabilita-
tion projects for constructed assets, operation of the National Park 
Service automated facility management software system, and com-
prehensive facility condition assessments shall remain available 
until September 30, 2011. 
PARK PARTNERSHIP PROJECT GRANTS 
For expenses necessary to carry out provisions of section 814(g) 
of Public Law 104–333 relating to challenge cost-share agreements, 
$15,000,000, to remain available until expended for Park Partner-
ship signature projects and programs: Provided, That not less than 
50 percent of the total cost of each project or program is derived 
from non-Federal sources in the form of donated cash, assets, or 
a pledge of donation guaranteed by an irrevocable letter of credit: 
Provided further, That, of the amount made available under this 
heading, $10,000,000 shall be derived from the transfer of prior 
year unobligated balances available in the National Park Service 
recreation enhancement fee program established by title VIII, divi-
sion J, Public Law 108–447. 
NATIONAL RECREATION AND PRESERVATION 
For expenses necessary to carry out recreation programs, nat-
ural programs, cultural programs, heritage partnership programs, 
environmental compliance and review, international park affairs, 
statutory or contractual aid for other activities, and grant adminis-
tration, not otherwise provided for, $68,436,000, of which $4,600,000 
shall be for Preserve America grants as authorized by section 7302 
of the Omnibus Public Land Management Act of 2009 (Public Law 
111–11). 
HISTORIC PRESERVATION FUND 
For expenses necessary in carrying out the Historic Preserva-
tion Act of 1966, as amended (16 U.S.C. 470), and the Omnibus 
Parks and Public Lands Management Act of 1996 (Public Law 
104–333), $79,500,000, to be derived from the Historic Preservation 
Fund and to remain available until September 30, 2011; of which 
$25,000,000 shall be for Save America’s Treasures grants as author-
ized by section 7303 of the Omnibus Public Land Management 
Act of 2009 (Public Law 111–11): Provided, That of the funds 
provided for Save America’s Treasures, $10,200,000 shall be allo-
cated in the amounts specified for those projects and purposes 
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123 STAT. 2912 
PUBLIC LAW 111–88—OCT. 30, 2009 
in accordance with the terms and conditions specified in the joint 
explanatory statement of the managers accompanying this Act. 
CONSTRUCTION 
For construction, improvements, repair or replacement of phys-
ical facilities, including modifications authorized by section 104 
of the Everglades National Park Protection and Expansion Act 
of 1989, $232,969,000, to remain available until expended: Provided, 
That, beginning in fiscal year 2010 and thereafter, procurements 
for the removal and restoration of the Elwha and Glines Canyon 
dams as authorized in Public Law 102–495 may be issued which 
include the full scope of the project: Provided further, That the 
solicitation and contract shall contain the clause ‘‘availability of 
funds’’ found at 48 CFR 52.232.18: Provided further, That funds 
provided under this heading shall be made available without regard 
to the requirements of section 8(b) of Public Law 102–543, as 
amended. 
LAND AND WATER CONSERVATION FUND 
(RESCISSION) 
The contract authority provided for fiscal year 2010 by 16 
U.S.C. 460l–10a is rescinded. 
LAND ACQUISITION AND STATE ASSISTANCE 
For expenses necessary to carry out the Land and Water Con-
servation Act of 1965, as amended (16 U.S.C. 460l–4 through 11), 
including administrative expenses, and for acquisition of lands or 
waters, or interest therein, in accordance with the statutory 
authority applicable to the National Park Service, $126,266,000, 
to be derived from the Land and Water Conservation Fund and 
to remain available until expended, of which $40,000,000 is for 
the State assistance program and of which $9,000,000 shall be 
for the American Battlefield Protection Program grants as author-
ized by section 7301 of the Omnibus Public Land Management 
Act of 2009 (Public Law 111–11). 
ADMINISTRATIVE PROVISIONS 
(INCLUDING TRANSFER OF FUNDS) 
In addition to other uses set forth in section 407(d) of Public 
Law 105–391, franchise fees credited to a sub-account shall be 
available for expenditure by the Secretary, without further appro-
priation, for use at any unit within the National Park System 
to extinguish or reduce liability for Possessory Interest or leasehold 
surrender interest. Such funds may only be used for this purpose 
to the extent that the benefitting unit anticipated franchise fee 
receipts over the term of the contract at that unit exceed the 
amount of funds used to extinguish or reduce liability. Franchise 
fees at the benefitting unit shall be credited to the sub-account 
of the originating unit over a period not to exceed the term of 
a single contract at the benefitting unit, in the amount of funds 
so expended to extinguish or reduce liability. 
10 USC 460l–10a 
note. 
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123 STAT. 2913 
PUBLIC LAW 111–88—OCT. 30, 2009 
For the costs of administration of the Land and Water Con-
servation Fund grants authorized by section 105(a)(2)(B) of the 
Gulf of Mexico Energy Security Act of 2006 (Public Law 109– 
432), the National Park Service may retain up to 3 percent of 
the amounts which are authorized to be disbursed under such 
section, such retained amounts to remain available until expended. 
National Park Service funds may be transferred to the Federal 
Highway Administration (FHWA), Department of Transportation, 
for purposes authorized under 23 U.S.C. 204. Transfers may include 
a reasonable amount for FHWA administrative support costs. 
UNITED STATES GEOLOGICAL SURVEY 
SURVEYS, INVESTIGATIONS, AND RESEARCH 
For expenses necessary for the United States Geological Survey 
to perform surveys, investigations, and research covering topog-
raphy, geology, hydrology, biology, and the mineral and water 
resources of the United States, its territories and possessions, and 
other areas as authorized by 43 U.S.C. 31, 1332, and 1340; classify 
lands as to their mineral and water resources; give engineering 
supervision to power permittees and Federal Energy Regulatory 
Commission licensees; administer the minerals exploration program 
(30 U.S.C. 641); conduct inquiries into the economic conditions 
affecting mining and materials processing industries (30 U.S.C. 
3, 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes as author-
ized by law; and to publish and disseminate data relative to the 
foregoing activities; $1,111,740,000, to remain available until Sep-
tember 30, 2011, of which $65,561,000 shall be available only for 
cooperation with States or municipalities for water resources inves-
tigations; of which $40,150,000 shall remain available until 
expended for satellite operations; of which $7,321,000 shall be avail-
able until expended for deferred maintenance and capital improve-
ment projects that exceed $100,000 in cost; and of which $2,000,000 
shall be available to fund the operating expenses for the Civil 
Applications Committee: Provided, That none of the funds provided 
for the biological research activity shall be used to conduct new 
surveys on private property, unless specifically authorized in writing 
by the property owner: Provided further, That no part of this 
appropriation shall be used to pay more than one-half the cost 
of topographic mapping or water resources data collection and inves-
tigations carried on in cooperation with States and municipalities. 
ADMINISTRATIVE PROVISIONS 
From within the amount appropriated for activities of the 
United States Geological Survey such sums as are necessary shall 
be available for reimbursement to the General Services Administra-
tion for security guard services; contracting for the furnishing of 
topographic maps and for the making of geophysical or other special-
ized surveys when it is administratively determined that such proce-
dures are in the public interest; construction and maintenance 
of necessary buildings and appurtenant facilities; acquisition of 
lands for gauging stations and observation wells; expenses of the 
United States National Committee on Geology; and payment of 
compensation and expenses of persons on the rolls of the Survey 
duly appointed to represent the United States in the negotiation 
and administration of interstate compacts: Provided, That activities 
43 USC 50. 
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123 STAT. 2914 
PUBLIC LAW 111–88—OCT. 30, 2009 
funded by appropriations herein made may be accomplished through 
the use of contracts, grants, or cooperative agreements as defined 
in 31 U.S.C. 6302 et seq.: Provided further, That the United States 
Geological Survey may enter into contracts or cooperative agree-
ments directly with individuals or indirectly with institutions or 
nonprofit organizations, without regard to 41 U.S.C. 5, for the 
temporary or intermittent services of students or recent graduates, 
who shall be considered employees for the purpose of chapters 
57 and 81 of title 5, United States Code, relating to compensation 
for travel and work injuries, and chapter 171 of title 28, United 
States Code, relating to tort claims, but shall not be considered 
to be Federal employees for any other purposes. 
MINERALS MANAGEMENT SERVICE 
ROYALTY AND OFFSHORE MINERALS MANAGEMENT 
For expenses necessary for minerals leasing and environmental 
studies, regulation of industry operations, and collection of royalties, 
as authorized by law; for enforcing laws and regulations applicable 
to oil, gas, and other minerals leases, permits, licenses and oper-
ating contracts; for energy-related or other authorized marine- 
related purposes on the Outer Continental Shelf; and for matching 
grants or cooperative agreements, $175,217,000, to remain available 
until September 30, 2011, of which $89,374,000 shall be available 
for royalty management activities; and an amount not to exceed 
$156,730,000, to be credited to this appropriation and to remain 
available until expended, from additions to receipts resulting from 
increases to rates in effect on August 5, 1993, and from cost recovery 
fees: Provided, That notwithstanding 31 U.S.C. 3302, in fiscal year 
2010, such amounts as are assessed under 31 U.S.C. 9701 shall 
be collected and credited to this account and shall be available 
until expended for necessary expenses: Provided further, That to 
the extent $156,730,000 in addition to receipts are not realized 
from the sources of receipts stated above, the amount needed to 
reach $156,730,000 shall be credited to this appropriation from 
receipts resulting from rental rates for Outer Continental Shelf 
leases in effect before August 5, 1993: Provided further, That the 
term ‘‘qualified Outer Continental Shelf revenues’’, as defined in 
section 102(9)(A) of the Gulf of Mexico Energy Security Act, division 
C of Public Law 109–432, shall include only the portion of rental 
revenues that would have been collected at the rental rates in 
effect before August 5, 1993: Provided further, That not to exceed 
$3,000 shall be available for reasonable expenses related to pro-
moting volunteer beach and marine cleanup activities: Provided 
further, That notwithstanding any other provision of law, $15,000 
under this heading shall be available for refunds of overpayments 
in connection with certain Indian leases in which the Director 
of MMS concurred with the claimed refund due, to pay amounts 
owed to Indian allottees or tribes, or to correct prior unrecoverable 
erroneous payments: Provided further, That for the costs of adminis-
tration of the Coastal Impact Assistance Program authorized by 
section 31 of the Outer Continental Shelf Lands Act, as amended 
(43 U.S.C. 1456a), in fiscal year 2010, MMS may retain up to 
4 percent of the amounts which are disbursed under section 31(b)(1), 
such retained amounts to remain available until expended. 
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123 STAT. 2915 
PUBLIC LAW 111–88—OCT. 30, 2009 
For an additional amount, $10,000,000, to remain available 
until expended, which shall be derived from non-refundable inspec-
tion fees collected in fiscal year 2010, as provided in this Act: 
Provided, That to the extent that such amounts are not realized 
from such fees, the amount needed to reach $10,000,000 shall 
be credited to this appropriation from receipts resulting from rental 
rates for Outer Continental Shelf leases in effect before August 
5, 1993. 
OIL SPILL RESEARCH 
For necessary expenses to carry out title I, section 1016, title 
IV, sections 4202 and 4303, title VII, and title VIII, section 8201 
of the Oil Pollution Act of 1990, $6,303,000, which shall be derived 
from the Oil Spill Liability Trust Fund, to remain available until 
expended. 
ADMINISTRATIVE PROVISION 
Notwithstanding the provisions of section 35(b) of the Mineral 
Leasing Act, as amended (30 U.S.C. 191(b)), the Secretary shall 
deduct 2 percent from the amount payable to each State in fiscal 
year 2010 and deposit the amount deducted to miscellaneous 
receipts of the Treasury. 
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT 
REGULATION AND TECHNOLOGY 
For necessary expenses to carry out the provisions of the Sur-
face Mining Control and Reclamation Act of 1977, Public Law 
95–87, as amended, $127,180,000, to remain available until Sep-
tember 30, 2011: Provided, That appropriations for the Office of 
Surface Mining Reclamation and Enforcement may provide for the 
travel and per diem expenses of State and tribal personnel attending 
Office of Surface Mining Reclamation and Enforcement sponsored 
training. 
ABANDONED MINE RECLAMATION FUND 
For necessary expenses to carry out title IV of the Surface 
Mining Control and Reclamation Act of 1977, Public Law 95–87, 
as amended, $35,588,000, to be derived from receipts of the Aban-
doned Mine Reclamation Fund and to remain available until 
expended: Provided, That pursuant to Public Law 97–365, the 
Department of the Interior is authorized to use up to 20 percent 
from the recovery of the delinquent debt owed to the United States 
Government to pay for contracts to collect these debts: Provided 
further, That funds made available under title IV of Public Law 
95–87 may be used for any required non-Federal share of the 
cost of projects funded by the Federal Government for the purpose 
of environmental restoration related to treatment or abatement 
of acid mine drainage from abandoned mines: Provided further, 
That such projects must be consistent with the purposes and prior-
ities of the Surface Mining Control and Reclamation Act: Provided 
further, That amounts provided under this heading may be used 
for the travel and per diem expenses of State and tribal personnel 
30 USC 1211 
note. 
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123 STAT. 2916 
PUBLIC LAW 111–88—OCT. 30, 2009 
attending Office of Surface Mining Reclamation and Enforcement 
sponsored training. 
ADMINISTRATIVE PROVISION 
With funds available for the Technical Innovation and Profes-
sional Services program in this Act, the Secretary may transfer 
title for computer hardware, software and other technical equipment 
to State and tribal regulatory and reclamation programs. 
BUREAU OF INDIAN AFFAIRS 
OPERATION OF INDIAN PROGRAMS 
(INCLUDING TRANSFER OF FUNDS) 
For expenses necessary for the operation of Indian programs, 
as authorized by law, including the Snyder Act of November 2, 
1921 (25 U.S.C. 13), the Indian Self-Determination and Education 
Assistance Act of 1975 (25 U.S.C. 450 et seq.), as amended, the 
Education Amendments 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, $2,335,965,000, to remain available until September 
30, 2011 except as otherwise provided herein; of which not to 
exceed $30,000 may be for official reception and representation 
expenses; of which not to exceed $74,915,000 shall be for welfare 
assistance payments: Provided, That in cases of designated Federal 
disasters, the Secretary may exceed such cap, from the amounts 
provided herein, to provide for disaster relief to Indian communities 
affected by the disaster; and of which, notwithstanding any other 
provision of law, including but not limited to the Indian Self- 
Determination Act of 1975, as amended, not to exceed $166,000,000 
shall be available for payments for contract support costs associated 
with ongoing contracts, grants, compacts, or annual funding agree-
ments entered into with the Bureau prior to or during fiscal year 
2010, as authorized by such Act, except that tribes and tribal 
organizations may use their tribal priority allocations for unmet 
contract support costs of ongoing contracts, grants, or compacts, 
or annual funding agreements and for unmet welfare assistance 
costs; of which not to exceed $568,702,000 for school operations 
costs of Bureau-funded schools and other education programs shall 
become available on July 1, 2010, and shall remain available until 
September 30, 2011; of which $25,000,000 shall be for public safety 
and justice programs as authorized by the Emergency Fund for 
Indian Safety and Health, established by section 601 of Public 
Law 110–293 (25 U.S.C. 443c); and of which not to exceed 
$59,895,000 shall remain available until expended for housing 
improvement, road maintenance, attorney fees, litigation support, 
the Indian Self-Determination Fund, land records improvement, 
and the Navajo-Hopi Settlement Program: Provided further, That 
notwithstanding 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 $43,373,000 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 
2009 for the operation of Bureau-funded schools, and up to $500,000 
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123 STAT. 2917 
PUBLIC LAW 111–88—OCT. 30, 2009 
within and only from such amounts made available for administra-
tive cost grants shall be available for the transitional costs of 
initial administrative cost grants to grantees that assume operation 
on or after July 1, 2009, of Bureau-funded schools: Provided further, 
That any forestry funds allocated to a tribe which remain unobli-
gated as of September 30, 2011, may be transferred during fiscal 
year 2012 to an Indian forest land assistance account 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 expire on September 30, 2012: Provided 
further, That in order to enhance the safety of Bureau field 
employees, the Bureau may use funds to purchase uniforms or 
other identifying articles of clothing for personnel. 
CONSTRUCTION 
(INCLUDING TRANSFER OF FUNDS) 
For construction, repair, improvement, and maintenance of 
irrigation and power systems, buildings, utilities, and other facili-
ties, including architectural and engineering services by contract; 
acquisition of lands, and interests in lands; and preparation of 
lands for farming, and for construction of the Navajo Indian Irriga-
tion Project pursuant to Public Law 87–483, $225,000,000, 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 percent of contract authority available 
to the Bureau of Indian 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 shall be made 
available on a nonreimbursable basis: Provided further, That for 
fiscal year 2010, 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 Pro-
grams 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 Sec-
retary shall consider whether such grantee would be deficient in 
assuring 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 management capabilities: Provided 
further, That if the Secretary declines a grant application, the 
Secretary shall follow the requirements contained in 25 U.S.C. 
2504(f): Provided 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 further, That in order 
to ensure timely completion of construction projects, the Secretary 
may assume control of a project and all funds related to the project, 
if, within eighteen months of the date of enactment of this Act, 
any grantee receiving funds appropriated in this Act or in any 
Negotiation. 
Expiration date. 
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123 STAT. 2918 
PUBLIC LAW 111–88—OCT. 30, 2009 
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 Office of the Special 
Trustee for American Indians appropriation for the appropriate 
share of construction costs for space expansion needed in agency 
offices to meet trust reform 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 settlements pursu-
ant to Public Laws 99–264, 100–580, 101–618, 108–447, 109–379, 
109–479, 110–297, and 111–11, and for implementation of other 
land and water rights settlements, $47,380,000, to remain available 
until expended. 
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT 
For the cost of guaranteed loans and insured loans, $8,215,000, 
of which $1,629,000 is for administrative expenses, 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 section 502 of the Congressional Budget Act of 1974: 
Provided further, That these funds are available to subsidize total 
loan principal, any part of which is to be guaranteed or insured, 
not to exceed $93,807,956. 
INDIAN LAND CONSOLIDATION 
For consolidation of fractional interests in Indian lands and 
expenses 
associated 
with 
redetermining 
and 
redistributing 
escheated interests in allotted lands, and for necessary expenses 
to carry out the Indian Land Consolidation Act of 1983, as amended, 
by direct expenditure or cooperative agreement, $3,000,000, to 
remain available until expended. 
ADMINISTRATIVE PROVISIONS 
The Bureau of Indian Affairs may carry out the operation 
of Indian programs by direct expenditure, contracts, cooperative 
agreements, compacts and grants, either directly or in cooperation 
with States and other organizations. 
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs 
may contract for services in support of the management, operation, 
and maintenance of the Power Division of the San Carlos Irrigation 
Project. 
Appropriations for the Bureau of Indian Affairs (except the 
Revolving Fund for Loans Liquidating Account, Indian Loan Guar-
anty and Insurance Fund Liquidating Account, Indian Guaranteed 
Loan Financing Account, Indian Direct Loan Financing Account, 
and the Indian Guaranteed Loan Program account) shall be avail-
able 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 services funding for Tribal Priority 
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123 STAT. 2919 
PUBLIC LAW 111–88—OCT. 30, 2009 
Allocations, regional offices, and facilities operations and mainte-
nance) shall be available for contracts, grants, compacts, or coopera-
tive agreements with the Bureau of Indian Affairs under the provi-
sions of the Indian Self-Determination Act or the Tribal Self-Govern-
ance 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-government relationship between the United 
States and that tribe, or that tribe’s ability to access future appro-
priations. 
Notwithstanding any other provision of law, no funds available 
to the Bureau, other than the amounts provided herein for assist-
ance 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 September 1, 1996. No funds 
available to the Bureau shall be used to support expanded grades 
for any school or dormitory beyond the grade structure in place 
or approved by the Secretary of the Interior at each school in 
the Bureau school system as of October 1, 1995. 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 
1146 of the Education Amendments of 1978 (25 U.S.C. 2026)), 
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 before September 1, 1999, may continue to operate 
during that period, but only if the charter school pays to the 
Bureau 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 programs 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 performing functions related to the charter schools operation 
and employees of a charter school shall not be treated 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 indirect 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 administrative cost funds to such grantee using the 
section 5(f) distribution formula. 
DEPARTMENTAL OFFICES 
OFFICE OF THE SECRETARY 
SALARIES AND EXPENSES 
For necessary expenses for management of the Department 
of the Interior, $118,836,000; of which not to exceed $25,000 may 
Charter schools. 
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123 STAT. 2920 
PUBLIC LAW 111–88—OCT. 30, 2009 
be for official reception and representation expenses; and of which 
up to $1,000,000 shall be available for workers compensation pay-
ments and unemployment compensation payments associated with 
the orderly closure of the United States Bureau of Mines; and 
of which $12,136,000 for consolidated appraisal services is to be 
derived from the Land and Water Conservation Fund and shall 
remain available until expended: Provided, That, for fiscal year 
2010 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 administrative 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 for fiscal years 2008 through 2012 the Secretary 
may reduce the payment authorized by 31 U.S.C. 6901–6907, as 
amended, for an individual county by the amount necessary to 
correct prior year overpayments to that county: Provided further, 
That for fiscal years 2008 through 2012 the amount needed to 
correct a prior year underpayment to an individual county shall 
be paid from any reductions for overpayments to other counties 
and the amount necessary to cover any remaining underpayment 
is hereby appropriated and shall be paid to individual counties 
using current fiscal year funds. 
INSULAR AFFAIRS 
ASSISTANCE TO TERRITORIES 
For expenses necessary for assistance to territories under the 
jurisdiction of the Department of the Interior, $85,195,000, of which: 
(1) $75,915,000 shall remain available until expended for technical 
assistance, including maintenance assistance, disaster assistance, 
insular management controls, 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 authorized by law; grants to the Government 
of Guam, as authorized 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) $9,280,000 shall be available 
until September 30, 2011 for salaries and expenses of the Office 
of Insular Affairs: Provided, That all financial transactions of the 
territorial and local governments herein provided for, including 
such transactions of all agencies or instrumentalities established 
or used by such governments, may be audited by the Government 
Accountability Office, at its discretion, in accordance with chapter 
35 of title 31, United States Code: Provided further, That Northern 
Mariana Islands Covenant grant funding shall be provided 
according to those terms of the Agreement of the Special Represent-
atives on Future United States Financial Assistance for the 
Northern Mariana Islands approved by Public Law 104–134: Pro-
vided further, That of the amounts provided for technical assistance, 
sufficient funds shall be made available for a grant to the Pacific 
Basin Development Council: Provided further, That of the amounts 
provided for technical assistance, sufficient funding shall be made 
Close Up 
Foundation. 
Grants. 
Pacific Basin 
Development 
Council. 
48 USC 1469b. 
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123 STAT. 2921 
PUBLIC LAW 111–88—OCT. 30, 2009 
available for a grant to the Close Up Foundation: Provided further, 
That the funds for the program of operations and maintenance 
improvement are appropriated to institutionalize routine operations 
and maintenance improvement of capital infrastructure with terri-
torial participation and cost sharing to be determined by the Sec-
retary 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 appro-
priations Acts may be used as non-Federal matching funds for 
the purpose of hazard mitigation grants provided pursuant to sec-
tion 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, $5,318,000, to remain avail-
able until expended, as provided for in sections 221(a)(2), 221(b), 
and 233 of the Compact of Free Association 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 Secretary 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 percent 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 Consoli-
dated 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 
guarantees 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 Electrification 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, 
$65,076,000. 
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123 STAT. 2922 
PUBLIC LAW 111–88—OCT. 30, 2009 
OFFICE OF INSPECTOR GENERAL 
SALARIES AND EXPENSES 
For necessary expenses of the Office of Inspector General, 
$48,590,000. 
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, $185,984,000, to remain available until expended, of which 
not to exceed $56,536,000 from this or any other Act, shall be 
available for historical accounting: Provided, That funds for trust 
management improvements and litigation support may, as needed, 
be transferred to or merged with the Bureau of Indian Affairs, 
‘‘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 contracts or grants obligated during fiscal year 
2010, as authorized 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, notwithstanding 
any other provision of law, the statute of limitations shall not 
commence to run on any claim, including any claim in litigation 
pending on the date of the enactment 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 $15.00 or less: Provided further, 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 withdrawn upon the express written request of the account 
holder: Provided further, That not to exceed $50,000 is available 
for the Secretary to make payments to correct administrative errors 
of either disbursements from or deposits to Individual Indian Money 
or Tribal accounts after September 30, 2002: Provided further, 
That erroneous payments that are recovered shall be credited to 
and remain available in this account for this purpose. 
DEPARTMENT-WIDE PROGRAMS 
WILDLAND FIRE MANAGEMENT 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses for fire preparedness, suppression oper-
ations, fire science and research, emergency rehabilitation, haz-
ardous fuels reduction, and rural fire assistance by the Department 
of the Interior, $794,897,000, to remain available until expended, 
Deadline. 
Account 
statement. 
Records. 
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123 STAT. 2923 
PUBLIC LAW 111–88—OCT. 30, 2009 
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 lodging without cost from funds 
available from this appropriation: Provided further, That notwith-
standing 42 U.S.C. 1856d, sums received by a bureau or office 
of the Department of the Interior for fire protection rendered pursu-
ant to 42 U.S.C. 1856 et seq., protection of United States 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 procurement contracts, grants, or cooperative agree-
ments, 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 cooperative agreement between 
the Federal Government and any non-Federal entity may be shared, 
as mutually agreed on by the affected parties: Provided further, 
That notwithstanding requirements of the Competition in Con-
tracting Act, the Secretary, for purposes of hazardous fuels reduc-
tion activities, may obtain maximum practicable competition among: 
(1) local private, nonprofit, or cooperative entities; (2) Youth Con-
servation Corps crews, Public Lands Corps (Public Law 109–154), 
or related partnerships with State, local, or non-profit youth groups; 
(3) small or micro-businesses; or (4) other entities that will hire 
or train locally a significant percentage, defined as 50 percent 
or more, of the project workforce to complete such contracts: Pro-
vided further, That in implementing this section, the Secretary 
shall develop written guidance to field units to ensure accountability 
and consistent application of the authorities provided herein: Pro-
vided further, That funds appropriated under this head may be 
used to reimburse the United States Fish and Wildlife Service 
and the National 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 conference, as required 
by section 7 of such Act, in connection with wildland fire manage-
ment activities: Provided further, That the Secretary of the Interior 
may use wildland fire appropriations to enter into non-competitive 
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 Sec-
retary of Agriculture may authorize the transfer of funds appro-
priated for wildland fire management, in an aggregate amount 
not to exceed $50,000,000, between the Departments 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 emergency response actions: Provided further, That no 
less than $125,000,000 in prior-year wildfire suppression balances 
Guidelines. 
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123 STAT. 2924 
PUBLIC LAW 111–88—OCT. 30, 2009 
shall be made available in addition to amounts provided in this 
Act for that purpose. 
FLAME WILDFIRE SUPPRESSION RESERVE FUND 
(INCLUDING TRANSFERS OF FUNDS) 
For deposit in the FLAME Wildfire Suppression Reserve Fund 
created in title V, section 502(b) of this Act, $61,000,000, to remain 
available until expended. 
CENTRAL HAZARDOUS MATERIALS FUND 
For necessary expenses of the Department of the Interior and 
any of its component offices and bureaus for the response action, 
including associated activities, performed pursuant to the Com-
prehensive Environmental Response, Compensation, and Liability 
Act, as amended (42 U.S.C. 9601 et seq.), $10,175,000, to remain 
available until expended: Provided, That Public Law 110–161 (121 
Stat. 2116) under this heading is amended by striking ‘‘in advance 
of or as reimbursement for remedial action or response 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’’. 
NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION 
NATURAL RESOURCE DAMAGE ASSESSMENT FUND 
To conduct natural resource damage assessment and restora-
tion 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.), $6,462,000, 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 appropriations 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: Provided further, 
That the Secretary may assess reasonable 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 facili-
ties, equipment or professional services of the National Indian 
Program Training Center to State, local and tribal government 
employees or persons or organizations engaged in cultural, edu-
cational, or recreational activities (as defined in 40 U.S.C. 3306(a)) 
at the prevailing rate for similar space, facilities, equipment, or 
42 USC 9607 
note. 
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123 STAT. 2925 
PUBLIC LAW 111–88—OCT. 30, 2009 
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. 
ADMINISTRATIVE PROVISION 
There is hereby authorized for acquisition from available 
resources within the Working Capital Fund, 15 aircraft, 10 of which 
shall be for replacement and which may be obtained by donation, 
purchase or through available excess 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 emergency reconstruction, 
replacement, or repair of aircraft, buildings, utilities, or other facili-
ties or equipment damaged 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 avail-
able to the Department of the Interior for emergencies 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. 
EMERGENCY TRANSFER AUTHORITY—DEPARTMENT-WIDE 
SEC. 102. The Secretary may authorize the expenditure or 
transfer of any no year appropriation in this title, in addition 
to the amounts included in the budget programs of the several 
agencies, for the suppression or emergency prevention of wildland 
fires on or threatening lands under the jurisdiction of the Depart-
ment 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 contingency planning subsequent to 
actual oil spills; for response and natural resource damage assess-
ment activities related to actual oil spills; for the prevention, 
suppression, and control of actual or potential grasshopper and 
Mormon cricket outbreaks on lands under the jurisdiction of the 
Secretary, pursuant to the authority in section 1773(b) of Public 
Law 99–198 (99 Stat. 1658); for emergency reclamation projects 
under section 410 of Public Law 95–87; and shall transfer, from 
any no year funds available to the Office of Surface Mining Reclama-
tion 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 regulatory provisions of the Surface Mining 
Act: Provided, That appropriations made in this title for wildland 
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123 STAT. 2926 
PUBLIC LAW 111–88—OCT. 30, 2009 
fire operations shall be available for the payment of obligations 
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 pursuant to this section 
must be replenished by a supplemental appropriation which must 
be requested as promptly as possible: 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 Secretary, in total amount 
not to exceed $500,000; purchase and replacement of motor vehicles, 
including specially equipped law enforcement vehicles; hire, mainte-
nance, and operation of aircraft; hire of passenger motor vehicles; 
purchase of reprints; payment for telephone service in private resi-
dences 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 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 
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 balances from prior appro-
priations 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 amounts specifically designated in this Act for such 
purpose. 
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 inac-
curate distribution methodologies. No tribe shall receive a reduction 
in Tribal Priority Allocation funds of more than 10 percent in 
fiscal year 2010. Under circumstances of dual enrollment, overlap-
ping service areas or inaccurate distribution methodologies, the 
10 percent limitation does not apply. 
Determination. 
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123 STAT. 2927 
PUBLIC LAW 111–88—OCT. 30, 2009 
TWIN CITIES RESEARCH CENTER 
SEC. 106. Notwithstanding any other provision of law, in con-
veying the Twin Cities Research Center under the authority pro-
vided 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 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 discretionary 
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 pay-
ments 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. 
MASS MARKING OF SALMONIDS 
SEC. 108. The United States Fish and Wildlife Service shall, 
in carrying out its responsibilities to protect threatened and endan-
gered species of salmon, implement a system of mass marking 
of salmonid stocks, intended for harvest, that are released from 
federally operated or federally financed hatcheries including but 
not limited to fish releases of coho, chinook, and steelhead species. 
Marked fish must have a visible mark that can be readily identified 
by commercial and recreational fishers. 
ELLIS, GOVERNORS, AND LIBERTY ISLANDS 
SEC. 109. 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 facili-
ties 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 consideration), 
or by exchange; and the Secretary is authorized to negotiate and 
enter into leases, subleases, concession contracts or other agree-
ments for the use of such facilities on such terms and conditions 
as the Secretary may determine reasonable. 
PROHIBITION ON USE OF FUNDS 
SEC. 110. (a) Any proposed new use of the Arizona & California 
Railroad Company’s Right of Way for conveyance 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. 
Certification. 
New York. 
New Jersey. 
Contracts. 
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123 STAT. 2928 
PUBLIC LAW 111–88—OCT. 30, 2009 
(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 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. 
CONTRIBUTION AUTHORITY 
SEC. 111. Title 43 U.S.C. 1473, as amended by Public Law 
111–8, is further amended by striking ‘‘in fiscal years 2008 and 
2009 only’’ and inserting ‘‘in fiscal years 2010 through 2013’’. 
USE OF COOPERATIVE AGREEMENTS 
SEC. 112. For fiscal year 2010, and each fiscal year thereafter, 
the Secretary of the Interior may enter into cooperative agreements 
with a State or political subdivision (including any agency thereof), 
or any not-for-profit organization 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) all parties will contribute resources to the accomplishment 
of these objectives. At the discretion of the Secretary, such agree-
ments shall not be subject to a competitive process. 
ICE AGE NATIONAL SCENIC TRAIL 
SEC. 113. Funds provided in this Act for Federal land acquisi-
tion by the National Park Service for Ice Age National Scenic 
Trail may be used for a grant to a State, a local government, 
or any other land management entity for the acquisition of lands 
without regard to any restriction on the use of Federal land acquisi-
tion funds provided through the Land and Water Conservation 
Fund Act of 1965 as amended. 
CONFORMING AMENDMENT 
SEC. 114. Notwithstanding any other provision of law, 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 explo-
ration for or development 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 Continental 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. 
OUTER CONTINENTAL SHELF INSPECTION FEES 
SEC. 115. (a) In fiscal year 2010, the Minerals Management 
Service (MMS) shall collect a non-refundable inspection fee, which 
Applicability. 
Contracts. 
30 USC 1720a. 
43 USC 1457b. 
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123 STAT. 2929 
PUBLIC LAW 111–88—OCT. 30, 2009 
shall be deposited in the ‘‘Royalty and Offshore Minerals Manage-
ment’’ account, from the designated operator for facilities subject 
to inspection by MMS under 43 U.S.C. 1348(c) that are above 
the waterline, except 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 enact-
ment of this Act, with payment required within 30 days of billing. 
PROHIBITION ON USE OF FUNDS, POINT REYES NATIONAL SEASHORE 
SEC. 116. None of the funds in this Act may be used to further 
reduce the number of Axis or Fallow deer at Point Reyes National 
Seashore below the number as of the date of enactment of this 
Act. 
YOSEMITE NATIONAL PARK AUTHORIZED PAYMENTS, AMENDMENT 
SEC. 117. Section 101(a)(1) of Public Law 109–131 is amended 
by striking ‘‘2009’’ and inserting ‘‘2013’’. 
SAN JUAN ISLAND NATIONAL HISTORIC PARK AUTHORIZATION 
SEC. 118. Section 4 of Public Law 89–565, as amended (16 
U.S.C. 282c), relating to San Juan Island National Historic Park, 
is amended by striking ‘‘$5,575,000’’ and inserting ‘‘$13,575,000’’. 
JAPANESE AMERICAN CONFINEMENT SITES, AMENDMENT 
SEC. 119. Section 1(c)(2) of Public Law 109–441 is amended 
by adding after subparagraph (D) the following new subparagraph: 
‘‘(E) Heart Mountain, depicted in Figure 6.3 of the 
Site Document.’’. 
NORTHERN PLAINS HERITAGE AREA, AMENDMENT 
SEC. 120. Section 8004 of the Omnibus Public Land Manage-
ment Act of 2009 (Public Law 111–11; 123 Stat. 1240) is amended— 
(1) by redesignating subsections (g) through (i) as sub-
sections (h) through (j), respectively; 
(2) in subsection (h)(1) (as redesignated by paragraph (1)), 
in the matter preceding subparagraph (A), by striking ‘‘sub-
section (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 privately owned 
property shall be included in the Heritage Area unless the 
owner of the private property provides to the management 
entity a written request for the inclusion. 
‘‘(2) PROPERTY REMOVAL.— 
16 USC 461 note. 
119 Stat. 2566. 
Deadlines. 
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123 STAT. 2930 
PUBLIC LAW 111–88—OCT. 30, 2009 
‘‘(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 
withdrawn from the Heritage Area if the owner of the 
property provides to the management entity a written 
notice requesting removal. 
‘‘(B) PUBLIC PROPERTY.—On written notice from the 
appropriate State or local government entity, public prop-
erty included in the Heritage Area shall be immediately 
withdrawn from the Heritage Area.’’. 
PEARL HARBOR NAVAL COMPLEX, JOINT TICKETING 
SEC. 121. (a) DEFINITIONS.—In this section: 
(1) HISTORIC ATTRACTION.—The term ‘‘historic attraction’’ 
mean a historic attraction within the Pearl Harbor Naval Com-
plex, 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 his-
toric attraction; and 
(ii) is not administered or managed by the Sec-
retary. 
(2) MONUMENT.—The term ‘‘Monument’’ means the Word 
War II Valor in the Pacific National Monument in the State 
of Hawaii. 
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(4) VISITOR CENTER.—The term ‘‘Visitor Center’’ 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 Service. 
(b) FACILITATION
OF ADMISSION
TO HISTORIC ATTRACTIONS 
WITHIN PEARL HARBOR NAVAL COMPLEX.— 
(1) IN GENERAL.—In managing the Monument, the Sec-
retary may enter into an agreement with any organization 
that is authorized to administer or manage a historic attrac-
tion— 
(A) to allow visitors to the historic attraction 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— 
(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 administering or 
managing the historic attraction to pay to the Secretary 
a reasonable fee to recover administrative costs of the 
Notice. 
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123 STAT. 2931 
PUBLIC LAW 111–88—OCT. 30, 2009 
Secretary associated with the use of the Visitor Center 
for public access and ticket sales; 
(B) shall ensure that the liability of the United States 
is limited with respect to any liability 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 conditions that 
the Secretary determines to be appropriate. 
(3) USE OF FEES.—The proceeds of any amounts collected 
as fees under paragraph (2)(A) shall remain available, without 
further appropriation, for use by the Secretary for the Monu-
ment. 
(4) LIMITATION
OF
AUTHORITY.—Nothing in this section 
authorizes the Secretary— 
(A) to regulate or approve the rates for admission 
to a historic attraction; 
(B) to regulate or manage any visitor services within 
the Pearl Harbor Naval Complex (other than the services 
managed by the National Park Service as part of the Monu-
ment); 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 organization that administers 
or manages a historic attraction to take any action in derogation 
of the preservation and protection of the values and resources 
of the Monument. 
ASSISTANCE FOR THE REPUBLIC OF PALAU 
SEC. 122. (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 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 
between the Government of the United States of America and 
the Government of Palau (48 U.S.C. 1931 note) (referred to in 
this section as the ‘‘Compact’’). 
(b) PROGRAMMATIC ASSISTANCE.—Subject to subsection (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. 
Grants. 
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123 STAT. 2932 
PUBLIC LAW 111–88—OCT. 30, 2009 
GOLDEN GATE NATIONAL RECREATION AREA, FORT BAKER 
AMENDMENT 
SEC. 123. Section 120 of title I of H.R. 3423 (Appendix 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. 
POINT REYES NATIONAL SEASHORE, EXTENSION OF PERMIT 
SEC. 124. Prior to the expiration on November 30, 2012 of 
the Drake’s Bay Oyster Company’s Reservation of Use and Occu-
pancy and associated special use permit (‘‘existing authorization’’) 
within Drake’s Estero at Point Reyes National Seashore, notwith-
standing 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 recommendations of the 
National Academy of Sciences Report pertaining to shellfish 
mariculture in Point Reyes National Seashore before modifying 
any terms and conditions of the extended authorization. Nothing 
in this section shall be construed to have any application to any 
location other than Point Reyes National Seashore; nor shall any-
thing in this section be cited as precedent for management of 
any potential wilderness outside the Seashore. 
NATIONAL PARK SYSTEM, SPECIAL RESOURCE STUDY 
SEC. 125. (a) IN GENERAL.—The Secretary of the Interior 
(referred to in this section as the ‘‘Secretary’’) shall conduct a 
special resource study of the national significance, 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 Secretary shall 
use the criteria for the study of areas for potential inclusion in 
the National Park System described in section 8 of Public Law 
91–383 (16 U.S.C. 1a–5). 
(c) CONSULTATION.—In conducting the study, the Secretary 
shall consult with— 
(1) the State of Hawaii; 
(2) appropriate Federal agencies; 
(3) Native Hawaiian and local government entities; 
(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, European Ameri-
cans, and other individuals; and 
(3) historic resources at the site. 
Deadline. 
Payments. 
Time period. 
16 USC 460bb–3 
note. 
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123 STAT. 2933 
PUBLIC LAW 111–88—OCT. 30, 2009 
(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 Representatives 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 section. 
CONTROL OF BORDER 
SEC. 126. 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 Law 109–367) over the international land 
and maritime borders of the United States with respect to section 
102(b) of the Illegal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (8 U.S.C. 1103 note). 
NATIONAL HERITAGE AREA, OPT OUT PROVISION 
SEC. 127. Any owner of private property within an existing 
or new National Heritage Area may opt out of participating in 
any plan, project, program, or activity conducted within the National 
Heritage Area if the property owner provides written notice to 
the local coordinating entity. 
PLACEMENT OF PLAQUE AT WORLD WAR II MEMORIAL 
SEC. 128. Notwithstanding any other law, the Secretary of 
the Interior shall install in the area of the World War II Memorial 
in the District of Columbia a suitable plaque to commemorate 
the extraordinary leadership of Senator Robert J. Dole in making 
the Memorial a reality on the National Mall: Provided, That the 
Secretary shall design, procure, prepare and install the plaque: 
Provided further, That the Secretary of the Interior is authorized 
to accept and expend contributions toward the cost of preparing 
and installing the plaque, without further appropriation: Provided 
further, That Federal funds may be used to design, procure, or 
install the plaque. 
MARTIN LUTHER KING, JR. MEMORIAL AUTHORITY, EXTENSION 
SEC. 129. Section 508(b)(2) of the Omnibus Parks and Public 
Lands Management Act of 1996, as amended (40 U.S.C. 8903 note; 
110 Stat. 4157, 114 Stat. 26, 117 Stat. 1347, 119 Stat. 527, 122 
Stat. 5034) shall be amended by striking ‘‘November 12, 2009’’ 
and inserting ‘‘September 30, 2010’’. 
JOHN ADAMS MEMORIAL AUTHORITY, EXTENSION 
SEC. 130. Notwithstanding section 8903(e) of title 40, United 
States Code, the authority provided by Public Law 107–62 and 
Public Law 107–315 shall continue to apply through September 
30, 2010. 
Applicability. 
Notice. 
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123 STAT. 2934 
PUBLIC LAW 111–88—OCT. 30, 2009 
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 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, $846,049,000, to remain 
available until September 30, 2011. 
ENVIRONMENTAL PROGRAMS AND MANAGEMENT 
For environmental programs and management, including nec-
essary expenses, not otherwise provided for, for personnel and 
related costs and travel expenses; hire of passenger motor vehicles; 
hire, maintenance, and operation of aircraft; purchase of reprints; 
library memberships in societies or associations which issue publica-
tions 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, $2,993,779,000, 
to remain available until September 30, 2011: Provided, That of 
the funds included under this heading, not less than $608,441,000 
shall be for the Geographic Programs specified in the explanatory 
statement accompanying this 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, $44,791,000, to remain available until September 30, 
2011. 
BUILDINGS AND FACILITIES 
For construction, repair, improvement, extension, alteration, 
and purchase of fixed equipment or facilities of, or for use by, 
the Environmental Protection Agency, $37,001,000, to remain avail-
able until expended, of which up to $500,000 shall be made available 
for preliminary planning and design of a high-performance green 
building to consolidate the multiple offices and research facilities 
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) $1,306,541,000, to remain available 
until expended, consisting of such sums as are available in the 
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123 STAT. 2935 
PUBLIC LAW 111–88—OCT. 30, 2009 
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 $1,306,541,000 as a payment from general reve-
nues to the Hazardous Substance Superfund for purposes as author-
ized 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, 
$9,975,000 shall be paid to the ‘‘Office of Inspector General’’ appro-
priation to remain available until September 30, 2011, and 
$26,834,000 shall be paid to the ‘‘Science and Technology’’ appro-
priation to remain available until September 30, 2011. 
LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM 
For necessary expenses to carry out leaking underground stor-
age tank cleanup activities authorized by subtitle I of the Solid 
Waste Disposal Act, as amended, $113,101,000, 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; 
$34,430,000 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 Protec-
tion 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. 
STATE AND TRIBAL ASSISTANCE GRANTS 
For environmental programs and infrastructure assistance, 
including capitalization grants for State revolving funds and 
performance partnership grants, $4,970,223,000, to remain avail-
able 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 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 2010, to the extent there are sufficient 
eligible project applications, not less than 20 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 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 for projects to address green infrastructure, 
water or energy efficiency improvements, or other environmentally 
innovative activities; $17,000,000 shall be for architectural, 
engineering, planning, design, construction and related activities 
Native 
Americans. 
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123 STAT. 2936 
PUBLIC LAW 111–88—OCT. 30, 2009 
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; 
$13,000,000 shall be for grants to the State of Alaska to address 
drinking 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 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 allocate not less than 25 percent of the funds 
provided for projects in regional hub communities; $156,777,000 
shall be for making special project grants and technical corrections 
to prior-year grants for the construction of drinking water, waste-
water and storm water infrastructure and for water quality protec-
tion in accordance with the terms and conditions specified for such 
grants in the joint explanatory statement of the managers accom-
panying 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; 
$100,000,000 shall be to carry out section 104(k) of the Comprehen-
sive Environmental Response, Compensation, and Liability Act of 
1980 (CERCLA), as amended, including grants, interagency agree-
ments, and associated program 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 joint 
explanatory statement of the managers accompanying this Act; 
and $1,116,446,000 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 amended, $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 monitoring activities, $10,000,000 shall be for 
competitive grants to communities to develop plans and dem-
onstrate and implement projects which reduce greenhouse gas emis-
sions and, in addition to funds appropriated under the heading 
‘‘Leaking Underground Storage Tank Trust Fund Program’’ to carry 
out the provisions of the Solid Waste Disposal Act specified in 
section 9508(c) of the Internal Revenue Code other than section 
9003(h) of the Solid Waste Disposal Act, as amended, $2,500,000 
shall be for grants to States under section 2007(f)(2) of the Solid 
Waste Disposal Act, as amended: Provided further, That notwith-
standing section 603(d)(7) of the Federal Water Pollution Control 
Alaska. 
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123 STAT. 2937 
PUBLIC LAW 111–88—OCT. 30, 2009 
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 
Administrator, accounted for separately from other assets in the 
fund, and used for eligible purposes of the fund, including adminis-
tration: Provided further, That for fiscal year 2010, and notwith-
standing section 518(f) of the Act, the Administrator is authorized 
to use the amounts appropriated for any fiscal year under section 
319 of that Act to make grants to 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 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 2010, in addition to the 
amounts specified in section 205(c) of the Federal Water Pollution 
Control Act, up to 1.2486 percent of the funds appropriated for 
the Clean Water State Revolving Fund program under the Act 
may be reserved by the Administrator for grants made under title 
II of the Clean Water Act for American Samoa, Guam, the Common-
wealth of the Northern Marianas, and United States Virgin Islands: 
Provided further, That for fiscal year 2010, notwithstanding the 
limitations on amounts specified in section 1452(j) of the Safe 
Drinking Water 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 Administrator 
for grants made under section 1452(j) of the Safe Drinking Water 
Act: Provided further, That not less 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 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 subsidy to eligible recipi-
ents in the form of forgiveness of principal, negative interest loans, 
or grants (or any combination of these), 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 appropriations 
Act to address the water, wastewater and other critical infrastruc-
ture needs of the colonias in the United States along the United 
States-Mexico border shall be made available to a county or munic-
ipal government unless that government has established an enforce-
able 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 infrastructure. 
Applicability. 
Native 
Americans. 
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123 STAT. 2938 
PUBLIC LAW 111–88—OCT. 30, 2009 
ADMINISTRATIVE PROVISIONS, ENVIRONMENTAL PROTECTION AGENCY 
(INCLUDING TRANSFER AND RESCISSION OF FUNDS) 
For fiscal year 2010, notwithstanding 31 U.S.C. 6303(1) and 
6305(1), the Administrator of the Environmental Protection Agency, 
in carrying out the Agency’s function to implement directly Federal 
environmental programs required or authorized by law in the 
absence of an acceptable tribal program, may award cooperative 
agreements to federally recognized Indian tribes or Intertribal con-
sortia, if authorized by their member Tribes, to assist the Adminis-
trator in implementing Federal environmental programs for Indian 
Tribes required or authorized by law, except that no such coopera-
tive agreements may be awarded from funds designated for State 
financial assistance agreements. 
The Administrator of the Environmental Protection Agency is 
authorized to collect and obligate pesticide registration service fees 
in accordance with section 33 of the Federal Insecticide, Fungicide, 
and Rodenticide Act, as amended by Public Law 110–94, the Pes-
ticide Registration Improvement Renewal Act. 
Title II of Public Law 109–54, as amended by title II of division 
E of Public Law 111–8 (123 Stat. 729), is amended in the fourth 
paragraph under the heading ‘‘Administrative Provisions’’ by 
striking ‘‘2011’’ and inserting ‘‘2015.’’ 
The Administrator is authorized to transfer up to $475,000,000 
of the funds appropriated for the Great Lakes Initiative under 
the heading ‘‘Environmental 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 Agree-
ment programs, 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, institutions, 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’’ and ‘‘Haz-
ardous Substance Superfund’’ accounts, $40,000,000 are perma-
nently rescinded: Provided, That no amounts may be rescinded 
from amounts that 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, as amended. 
Not later than 18 months after the date of enactment of this 
Act, the Administrator, in consultation with other Federal agencies, 
shall carry out and submit to Congress the results of a study 
on domestic and international black carbon emissions that shall 
include an inventory of the major sources of black carbon, an 
assessment of the impacts of black carbon on global and regional 
climate, an assessment of potential metrics and approaches for 
quantifying the climatic effects of black carbon emissions (including 
its radiative forcing and warming effects) and comparing those 
effects to the effects of carbon dioxide and other greenhouse gases, 
an identification of the most cost-effective approaches to reduce 
black carbon emissions, and an analysis of the climatic effects 
Deadline. 
Study. 
119 Stat. 531. 
Fees. 
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123 STAT. 2939 
PUBLIC LAW 111–88—OCT. 30, 2009 
and other environmental and public health benefits of those 
approaches. 
For fiscal year 2010 the requirements of section 513 of the 
Federal Water Pollution 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 2010 the requirements of section 1450(e) of 
the Safe Drinking Water Act (42 U.S.C. 300j–9(e)) shall apply 
to any construction project carried out in whole or in part with 
assistance made available by a drinking water treatment revolving 
loan fund as authorized by section 1452 of that Act (42 U.S.C. 
300j–12). 
TITLE III 
RELATED AGENCIES 
DEPARTMENT OF AGRICULTURE 
FOREST SERVICE 
FOREST AND RANGELAND RESEARCH 
For necessary expenses of forest and rangeland research as 
authorized by law, $312,012,000, to remain available until 
expended: Provided, That of the funds provided, $66,939,000 is 
for the forest inventory and analysis program. 
STATE AND PRIVATE FORESTRY 
For necessary expenses of cooperating with and providing tech-
nical and financial assistance to States, territories, possessions, 
and others, and for forest health management, including treatments 
of pests, pathogens, and invasive or noxious plants and for restoring 
and rehabilitating forests damaged by pests or invasive plants, 
cooperative forestry, and education and land conservation activities 
and 
conducting 
an 
international 
program 
as 
authorized, 
$308,061,000, to remain available until expended, as authorized 
by law; of which $76,460,000 is to be derived from the Land and 
Water Conservation Fund; 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)). 
NATIONAL FOREST SYSTEM 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses of the Forest Service, not otherwise 
provided for, for management, protection, improvement, and utiliza-
tion of the National Forest System, $1,551,339,000, to remain avail-
able until expended, which shall include 50 percent of all moneys 
received during prior fiscal years as fees collected under the Land 
and Water Conservation Fund Act of 1965, as amended, in accord-
ance with section 4 of the Act (16 U.S.C. 460l–6a(i)): Provided, 
Applicability. 
Applicability. 
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123 STAT. 2940 
PUBLIC LAW 111–88—OCT. 30, 2009 
That, through fiscal year 2012, the Secretary may authorize the 
expenditure or transfer of up to $10,000,000 to the Department 
of the Interior, Bureau of Land Management, for removal, prepara-
tion, and adoption of excess wild horses and burros from National 
Forest System lands, and for the performance of cadastral surveys 
to designate the boundaries of such lands. 
CAPITAL IMPROVEMENT AND MAINTENANCE 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Forest Service, not otherwise 
provided for, $556,053,000, to remain available until expended, 
for construction, capital improvement, maintenance and acquisition 
of buildings and other facilities and infrastructure; and for construc-
tion, capital improvement, decommissioning, and maintenance of 
forest roads and trails by the Forest Service as authorized by 
16 U.S.C. 532–538 and 23 U.S.C. 101 and 205: Provided, That 
$90,000,000 shall be designated for urgently needed road decommis-
sioning, 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 support threatened, 
endangered or sensitive species or community water sources: Pro-
vided further, That funds provided herein shall be available for 
the decommissioning of roads, including unauthorized roads not 
part of the transportation system, which are no longer needed: 
Provided further, That no funds shall be expended to decommission 
any system road until notice and an opportunity for public comment 
has been provided on each decommissioning project: Provided fur-
ther, That the decommissioning of unauthorized roads not part 
of the official transportation system shall be expedited in response 
to threats to public safety, water quality, or natural resources: 
Provided further, That funds becoming available in fiscal year 2010 
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 available 
for transfer or obligation for any other purpose unless the funds 
are appropriated. 
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 administrative expenses, and for 
acquisition of land or waters, or interest therein, in accordance 
with statutory authority applicable to the Forest Service, 
$63,522,000, 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 boundaries of the 
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe 
National Forest, Nevada; and the Angeles, San Bernardino, Sequoia, 
and Cleveland National Forests, California, as authorized by law, 
$1,050,000, to be derived from forest receipts. 
Notice. 
Public comment. 
Roads. 
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123 STAT. 2941 
PUBLIC LAW 111–88—OCT. 30, 2009 
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES 
For acquisition of lands, such sums, to be derived from funds 
deposited by State, county, or municipal governments, public school 
districts, or other public school authorities, and for authorized 
expenditures from funds deposited 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, protection, and 
improvement, 50 percent of all moneys received during the prior 
fiscal year, as fees for grazing domestic 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 expended, 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), $50,000, to 
remain available until expended, to be derived from the fund estab-
lished pursuant to the above Act. 
MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES 
For necessary expenses of the Forest Service to manage Federal 
lands in Alaska for subsistence uses under title VIII of the Alaska 
National Interest Lands Conservation Act (Public Law 96–487), 
$2,582,000, 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 reduction on or adjacent to such lands, 
and for emergency rehabilitation of burned-over National Forest 
System lands and water, $2,103,737,000, to remain available until 
expended: Provided, That such funds including unobligated balances 
under this heading, are available for repayment of advances from 
other appropriations accounts previously transferred for such pur-
poses: 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 emer-
gencies are fully repaid by the responsible emergency management 
agency: Provided further, That, notwithstanding any other provision 
of law, $8,000,000 of funds appropriated under this appropriation 
shall be used for Fire Science Research in support of the Joint 
Fire Science Program: Provided further, That all authorities for 
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123 STAT. 2942 
PUBLIC LAW 111–88—OCT. 30, 2009 
the use of funds, including the use of contracts, grants, and coopera-
tive agreements, available to execute the Forest and Rangeland 
Research appropriation, are also available in the utilization of these 
funds for Fire Science Research: Provided further, That funds pro-
vided shall be available for emergency rehabilitation and restora-
tion, 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, $350,285,000 is for hazardous fuels reduction 
activities, $11,600,000 is for rehabilitation and restoration, 
$23,917,000 is for research activities and to make competitive 
research grants pursuant to the Forest and Rangeland Renewable 
Resources Research Act, as amended (16 U.S.C. 1641 et seq.), 
$71,250,000 is for State fire assistance, $9,000,000 is for volunteer 
fire assistance, $20,752,000 is for forest health activities on Federal 
lands and $11,428,000 is for forest health activities on State and 
private lands: Provided further, That no less than $75,000,000 
in prior-year wildfire suppression balances shall be made available 
in addition to amounts provided in this Act for that purpose: Pro-
vided further, That of the funds provided for hazardous fuels reduc-
tion, $10,000,000 shall be deposited in the Collaborative Forest 
Landscape Restoration Fund for ecological restoration treatments 
as authorized by 16 U.S.C. 7303(f): 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 assistance, volunteer fire 
assistance, forest health management, forest and rangeland 
research, the Joint Fire Science Program, vegetation and watershed 
management, heritage site rehabilitation, and wildlife and fish 
habitat management and restoration: Provided further, That up 
to $15,000,000 of the funds provided under this heading for haz-
ardous fuels treatments may be transferred to and made a part 
of the ‘‘National Forest System’’ account at the sole discretion 
of the Chief 30 days after notifying the House and the Senate 
Committees on Appropriations: Provided further, That the costs 
of implementing any cooperative agreement between the Federal 
Government and any non-Federal entity may be shared, as mutually 
agreed on by the affected parties: Provided further, That up to 
$15,000,000 of the funds provided herein may be used by the 
Secretary of Agriculture to enter into procurement contracts or 
cooperative agreements, or issue grants, for hazardous fuels reduc-
tion 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 funds made available to imple-
ment the Community Forest Restoration Act, Public Law 106– 
393, title VI, shall be available for use on non-Federal lands in 
accordance with authorities made available to the Forest Service 
under the State and Private Forestry Appropriation: Provided fur-
ther, 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 jointly funded 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 
Notification. 
Transfer date. 
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123 STAT. 2943 
PUBLIC LAW 111–88—OCT. 30, 2009 
Service under the State and Private Forestry appropriation, for 
the purpose of creating incentives for increased use of biomass 
from national forest lands: Provided further, That funds designated 
for wildfire suppression shall be assessed for cost pools on the 
same basis as such assessments are calculated against other agency 
programs. 
FLAME WILDFIRE SUPPRESSION RESERVE FUND 
(INCLUDING TRANSFERS OF FUNDS) 
For deposit in the FLAME Wildfire Suppression Reserve Fund 
created in title V, section 502(b) of this Act, $413,000,000, to remain 
available until expended. 
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 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 replace-
ment 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) pur-
chase, erection, and alteration of buildings and other public 
improvements (7 U.S.C. 2250); (4) acquisition of land, waters, and 
interests therein pursuant to 7 U.S.C. 428a; (5) for expenses pursu-
ant 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 Management appropriation 
for forest firefighting, emergency rehabilitation of burned-over or 
damaged lands or waters under its jurisdiction, and fire prepared-
ness due to severe burning conditions five days after the Secretary 
notifies the House and Senate Committees on Appropriations that 
all fire suppression funds appropriated under the headings 
‘‘Wildland Fire Management’’ and ‘‘FLAME Wildfire Suppression 
Reserve Fund’’ shall be fully obligated within 30 days: Provided, 
That all funds used pursuant to this paragraph must be replenished 
by a supplemental appropriation 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 International Develop-
ment in connection with forest and rangeland research, technical 
information, and assistance in foreign countries, and shall be avail-
able to support forestry and related natural resource activities 
outside the United States and its territories and possessions, 
including technical assistance, education and training, and coopera-
tion with United States and international organizations. 
Notification. 
Deadlines. 
Assessments. 
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123 STAT. 2944 
PUBLIC LAW 111–88—OCT. 30, 2009 
None of the funds made available to the Forest Service 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 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 accordance with the re-
programming procedures contained in the joint explanatory state-
ment of the managers accompanying this Act. 
Not more than $78,350,000 of funds available to the Forest 
Service shall be transferred to the Working Capital Fund of the 
Department of Agriculture and not more than $19,825,000 of funds 
available to the Forest Service shall be transferred to the Depart-
ment of Agriculture for Department Reimbursable Programs, com-
monly referred to as Greenbook charges. Nothing in this paragraph 
shall prohibit or limit the use of reimbursable agreements requested 
by the Forest Service in order to obtain services from the Depart-
ment of Agriculture’s National Information Technology Center. 
Funds available to the Forest Service shall be available to 
conduct a program of up to $5,000,000 for priority projects within 
the scope of the approved budget, of which $2,500,000 shall be 
carried out by the Youth Conservation Corps and $2,500,000 shall 
be carried out under the authority of the 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 represen-
tation expenses. 
Pursuant to sections 405(b) and 410(b) of Public Law 101– 
593, of the funds available to the Forest Service, $3,000,000 may 
be advanced in a lump sum to the National Forest Foundation 
to aid conservation partnership 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 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 Federal funds to Federal or 
a non-Federal recipient for a 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 
Foundation 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 shall be advanced 
to the National Fish and Wildlife Foundation 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 Founda-
tion 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. 
Deadline. 
16 USC 556i. 
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123 STAT. 2945 
PUBLIC LAW 111–88—OCT. 30, 2009 
Funds appropriated to the Forest Service shall be available 
for interactions with and providing technical assistance 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 River Gorge National 
Scenic Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) 
of Public Law 99–663. 
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. 
Any funds appropriated to the Forest Service may be used 
to meet the non-Federal share requirement in section 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 performing fire, 
administrative and other facilities maintenance. Such assessments 
shall occur using a square foot rate charged on the same basis 
the agency uses to assess programs for payment of rent, utilities, 
and other support services. 
Notwithstanding any other provision of law, any appropriations 
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 Agriculture, for travel and related expenses incurred 
as a result of OGC assistance or participation requested by the 
Forest Service at meetings, training sessions, management reviews, 
land purchase negotiations and similar non-litigation related mat-
ters. Future budget justifications for both the Forest Service and 
the Department of Agriculture should clearly display the sums 
previously transferred and the requested funding transfers. 
The 19th unnumbered paragraph under heading ‘‘Administra-
tive Provisions, Forest Service’’ in title III of the Department of 
the Interior, Environment, and Related Agencies Appropriations 
Act, 2006, Public Law 109–54, is amended by striking ‘‘2009’’ and 
inserting ‘‘2014’’. 
DEPARTMENT OF HEALTH AND HUMAN SERVICES 
INDIAN HEALTH SERVICE 
INDIAN HEALTH SERVICES 
For expenses necessary to carry out the Act of August 5, 1954 
(68 Stat. 674), the Indian Self-Determination Act, the Indian Health 
Care Improvement Act, and titles II and III of the Public Health 
Service 
Act 
with 
respect 
to 
the 
Indian 
Health 
Service, 
$3,657,618,000, together with payments received during the fiscal 
year pursuant 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 contracts, grant agree-
ments, or any other agreements or compacts 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 contract award and thereafter shall remain available 
to the tribe or tribal organization without fiscal year limitation: 
119 Stat. 538. 
Assessments. 
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123 STAT. 2946 
PUBLIC LAW 111–88—OCT. 30, 2009 
Provided further, That $779,347,000 for contract medical care, 
including $48,000,000 for the Indian Catastrophic Health Emer-
gency Fund, shall remain available until expended: Provided fur-
ther, That $18,251,000 is provided for Headquarters operations 
and information technology activities and, notwithstanding any 
other provision of law, the amount available under this proviso 
shall be allocated at the discretion of the Director of the Indian 
Health Service: Provided further, That of the funds provided, up 
to 
$32,000,000 
shall 
remain 
available 
until 
expended 
for 
implementation of the loan repayment program under section 108 
of the Indian Health Care Improvement Act: Provided further, 
That $16,391,000 is provided for the methamphetamine and suicide 
prevention and treatment initiative and $10,000,000 is provided 
for the domestic violence prevention initiative and, notwithstanding 
any other provision of law, the amounts available under this proviso 
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 two fiscal years, provided 
the total obligation is recorded in the year the funds are appro-
priated: Provided further, That the amounts collected by the Sec-
retary of Health and Human Services under the authority of title 
IV of the Indian Health Care Improvement Act shall remain avail-
able until expended for the purpose of achieving compliance with 
the applicable conditions and requirements of titles XVIII and XIX 
of the Social Security Act, except for those related to the planning, 
design, or construction of new facilities: Provided further, That 
funding contained herein for scholarship programs under the Indian 
Health Care Improvement Act (25 U.S.C. 1613) shall remain avail-
able 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 
$398,490,000 shall be for payments to tribes and tribal organiza-
tions for contract or grant support costs associated 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 2010, of which not to exceed $5,000,000 
may be used for contract support costs associated with new or 
expanded self-determination contracts, grants, self-governance com-
pacts, 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 pursuant 
to Public Law 93–638, such individually identifiable health informa-
tion 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 fur-
ther, That the Indian Health Care Improvement Fund may be 
used, as needed, to carry out activities typically funded under 
the Indian Health Facilities account. 
Reports. 
Loans. 
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123 STAT. 2947 
PUBLIC LAW 111–88—OCT. 30, 2009 
INDIAN HEALTH FACILITIES 
For construction, repair, maintenance, improvement, and equip-
ment of health and related auxiliary facilities, including quarters 
for personnel; preparation of plans, specifications, and drawings; 
acquisition of sites, purchase and erection of modular buildings, 
and purchases of trailers; and for provision of domestic and commu-
nity sanitation 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 Improvement Act, 
and for expenses necessary to carry out such Acts and titles II 
and III of the Public Health Service Act with respect to environ-
mental health and facilities support activities of the Indian Health 
Service, $394,757,000, to remain available until expended: Provided, 
That notwithstanding any other provision of law, funds appro-
priated for the planning, design, construction, renovation or expan-
sion 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 equip-
ment 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 Service may be 
used for sanitation facilities construction for new homes funded 
with grants by the housing programs of the United States Depart-
ment of Housing and Urban Development: Provided further, That 
not to exceed $2,700,000 from this account and the ‘‘Indian Health 
Services’’ account shall be used by the Indian Health Service to 
obtain ambulances for the Indian Health Service and tribal facilities 
in conjunction with an existing interagency agreement between 
the Indian Health Service and the General Services Administration: 
Provided further, That not to exceed $500,000 shall be placed in 
a Demolition 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 equip-
ment; purchase 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 author-
ized 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. 
In accordance with 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 facilities, 
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. 
Notwithstanding any other law or regulation, funds transferred 
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123 STAT. 2948 
PUBLIC LAW 111–88—OCT. 30, 2009 
from the Department of Housing and Urban Development 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. 
Funds appropriated to the Indian Health Service in this Act, 
except those used for administrative and program direction pur-
poses, shall not be subject to limitations directed at curtailing 
Federal travel and transportation. 
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. 
Notwithstanding any other provision of law, funds previously 
or herein made available to a tribe or tribal organization through 
a contract, grant, or agreement authorized by title I or title V 
of the Indian Self-Determination and Education Assistance Act 
of 1975 (25 U.S.C. 450), may be deobligated and reobligated to 
a self-determination contract under title I, or a self-governance 
agreement under title V of such Act and thereafter shall remain 
available to the tribe or tribal organization without fiscal year 
limitation. 
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 Department 
of Health and Human Services, relating to the eligibility 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. 
With respect to functions transferred by the Indian Health 
Service to tribes or tribal organizations, the Indian Health Service 
is authorized to provide goods and services to those entities on 
a reimbursable basis, including payments in advance with subse-
quent adjustment. The reimbursements received therefrom, along 
with the funds received from those entities pursuant 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. 
Reimbursements for training, technical assistance, or services 
provided by the Indian Health Service will contain total costs, 
including direct, administrative, and overhead associated with the 
provision of goods, services, or technical assistance. 
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 Environ-
mental Health Sciences in carrying out activities set forth in section 
311(a) of the Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980, as amended, and section 126(g) 
Notification. 
Regulations. 
Budget request. 
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123 STAT. 2949 
PUBLIC LAW 111–88—OCT. 30, 2009 
of the Superfund Amendments and Reauthorization Act of 1986, 
$79,212,000. 
AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY 
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH 
For necessary expenses for the Agency for Toxic Substances 
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 
Reauthorization Act of 1986 (SARA), as amended; and section 3019 
of the Solid Waste Disposal Act, as amended, $76,792,000, of which 
up to $1,000 per eligible employee of the Agency for Toxic Substance 
and Disease Registry shall remain available until expended for 
Individual Learning 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 activi-
ties, including, without limitation, biomedical testing, clinical 
evaluations, medical monitoring, and referral to accredited health 
care providers: Provided further, That in performing any such health 
assessment or health study, evaluation, or activity, the Adminis-
trator of ATSDR shall not be bound by the deadlines 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 toxicological profiles pursuant to section 
104(i) of CERCLA during fiscal year 2010, and existing profiles 
may be updated 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 assigned to the 
Council on Environmental Quality and Office of Environmental 
Quality pursuant to the National Environmental Policy Act of 1969, 
the Environmental Quality Improvement Act of 1970, and Reorga-
nization Plan No. 1 of 1977, and not to exceed $750 for official 
reception and representation expenses, $3,159,000: Provided, That 
notwithstanding section 202 of the National Environmental 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. 
CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD 
SALARIES AND EXPENSES 
For necessary expenses in carrying out activities pursuant to 
section 112(r)(6) of the Clean Air Act, as amended, including hire 
of passenger vehicles, uniforms or allowances therefor, as authorized 
by 5 U.S.C. 5901–5902, and for services authorized by 5 U.S.C. 
Appointment. 
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123 STAT. 2950 
PUBLIC LAW 111–88—OCT. 30, 2009 
3109 but at rates for individuals not to exceed the per diem equiva-
lent 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 positions: 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: Provided fur-
ther, 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: Provided further, That of the funds appropriated 
under this heading, $600,000 shall be for a study by the National 
Academy of Sciences to examine the use and storage of methyl 
isocyanate including the feasibility of implementing alternative 
chemicals or processes and an examination of the cost of alternatives 
at the Bayer CropScience facility in Institute, West Virginia. 
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, $8,000,000, to 
remain available until expended: Provided, That funds provided 
in this or any other appropriations Act are to be used to relocate 
eligible individuals and groups including evictees from District 6, 
Hopi-partitioned lands residents, those in significantly substandard 
housing, 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 selected 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. 
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 authorized by title XV 
of Public Law 99–498, as amended (20 U.S.C. 56 part A), $8,300,000. 
Study. 
5 USC app. 8G 
note. 
Government 
positions. 
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123 STAT. 2951 
PUBLIC LAW 111–88—OCT. 30, 2009 
SMITHSONIAN INSTITUTION 
SALARIES AND EXPENSES 
For necessary expenses of the Smithsonian Institution, 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 perform-
ances; collection, preparation, dissemination, and exchange of 
information and publications; conduct of education, training, and 
museum assistance 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 employees, $636,161,000, to 
remain available until September 30, 2011, except as otherwise 
provided herein; of which not to exceed $19,117,000 for the 
instrumentation program, collections acquisition, exhibition re-
installation, the National Museum of African American History 
and Culture, and the repatriation of skeletal remains program 
shall remain available until expended; of which $1,553,000 is for 
fellowships and scholarly awards; of which $250,000 may be made 
available to carry out activities under the Civil Rights History 
Project Act of 2009 (20 U.S.C. 80s et seq.), to remain available 
until expended; and including such funds as may be necessary 
to support American overseas research centers: Provided, That 
funds appropriated herein are available for advance payments to 
independent contractors performing research services or partici-
pating in official Smithsonian presentations. 
FACILITIES CAPITAL 
For necessary expenses of repair, revitalization, and alteration 
of facilities owned or occupied by the Smithsonian 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, $125,000,000, to remain available until 
expended, of which not to exceed $10,000 is for services as author-
ized by 5 U.S.C. 3109. 
LEGACY FUND 
(INCLUDING RESCISSION OF FUNDS) 
For the purpose of developing a public-private partnership to 
facilitate the reopening of the Arts and Industries Building of 
the Smithsonian Institution, $30,000,000, to remain available until 
expended, for repair, renovation and revitalization of the building: 
Provided, That such funds shall be matched on a 1:1 basis by 
private donations: Provided further, That major in-kind donations 
that contribute significantly to the redesign and purpose of the 
reopened building be considered to qualify toward the total private 
match: Provided further, That privately contributed endowments, 
which are designated for the care and renewal of permanent exhibi-
tions installed in the Arts and Industries Building, be considered 
as qualifying toward the total private match: Provided further, 
That this appropriation may be made available to the Smithsonian 
Contracts. 
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123 STAT. 2952 
PUBLIC LAW 111–88—OCT. 30, 2009 
Institution incrementally as private funding becomes available: Pro-
vided further, That any other provision of law that adjusts the 
overall amount of the Federal appropriation for this account shall 
also apply to the privately contributed requirement: Provided fur-
ther, That the unobligated balances provided under this heading 
in Public Law 110–161 and Public Law 111–8 are hereby rescinded. 
NATIONAL GALLERY OF ART 
SALARIES AND EXPENSES 
For the upkeep and operations of the National Gallery of Art, 
the protection and care of the works of art therein, and administra-
tive 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 
advance when authorized by the treasurer of the Gallery for mem-
bership in library, museum, and art associations or societies whose 
publications or services are available to members only, or to mem-
bers 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, alteration, 
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, firms, or organizations at such rates 
or prices and under such terms and conditions as the Gallery 
may deem proper, $110,746,000, of which not to exceed $3,386,000 
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, as authorized, 
$56,259,000, to remain available until expended: Provided, That 
of this amount, $40,000,000 shall be available for repair of the 
National Gallery’s East Building fac
¸ade: Provided further, That 
notwithstanding any other provision of law, a single procurement 
for the foregoing Major Critical Project may be issued which 
includes the full scope of the project: Provided further, That the 
solicitation and contract shall contain the clause ‘‘availability of 
funds’’ found at 48 CFR 52.232.18: Provided further, That contracts 
awarded for environmental systems, protection systems, and exte-
rior repair or renovation of buildings of the National Gallery of 
Art may be negotiated with selected contractors and awarded on 
the basis of contractor qualifications as well as price. 
JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS 
OPERATIONS AND MAINTENANCE 
For necessary expenses for the operation, maintenance and 
security of the John F. Kennedy Center for the Performing Arts, 
Applicability. 
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123 STAT. 2953 
PUBLIC LAW 111–88—OCT. 30, 2009 
$23,000,000: Provided, That of the funds included under this 
heading, $500,000 is available until expended to implement a pro-
gram to train arts managers throughout the United States. 
CAPITAL REPAIR AND RESTORATION 
For necessary expenses for capital repair and restoration of 
the existing features of the building and site of the John F. Kennedy 
Center for the Performing Arts, $17,447,000, 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, $12,225,000, to remain available until September 30, 2011. 
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, as amended, 
$167,500,000 shall be available to the National Endowment for 
the Arts for the support of projects and productions in the arts, 
including arts education and public outreach activities, through 
assistance to organizations and individuals pursuant to section 
5 of the Act, for program support, and for administering the func-
tions 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, as amended, 
$167,500,000, to remain available until expended, of which 
$153,200,000 shall be available for support of activities in the 
humanities, pursuant to section 7(c) of the Act and for administering 
the functions of the Act; and $14,300,000 shall be available to 
carry out the matching grants program pursuant to section 10(a)(2) 
of the Act including $9,500,000 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 accepted 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 appropriated. 
ADMINISTRATIVE PROVISIONS 
None of the funds appropriated to the National Foundation 
on the Arts and the Humanities may be used to process any grant 
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123 STAT. 2954 
PUBLIC LAW 111–88—OCT. 30, 2009 
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 
reception and representation expenses: Provided further, That funds 
from nonappropriated sources may be used as necessary for official 
reception and representation expenses: Provided further, That the 
Chairperson of the National Endowment for the Arts may approve 
grants of up to $10,000, if in the aggregate this amount does 
not exceed 5 percent of the sums appropriated for grant-making 
purposes per year: Provided further, That such small grant actions 
are taken pursuant to the terms of an expressed and direct delega-
tion of authority from the National Council on the Arts to the 
Chairperson. 
COMMISSION OF FINE ARTS 
SALARIES AND EXPENSES 
For expenses made necessary by the Act establishing a Commis-
sion of Fine Arts (40 U.S.C. 104), $2,294,000: 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 collection, to remain available until expended with-
out further appropriation: Provided further, That the Commission 
is authorized to accept gifts, including objects, papers, artwork, 
drawings and artifacts, that pertain to the history and design 
of the Nation’s Capital or the history and activities of the Commis-
sion of Fine Arts, for the purpose of artistic display, study or 
education. 
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS 
For necessary expenses as authorized by Public Law 99–190 
(20 U.S.C. 956a), as amended, $9,500,000. 
ADVISORY COUNCIL ON HISTORIC PRESERVATION 
SALARIES AND EXPENSES 
For necessary expenses of the Advisory Council on Historic 
Preservation (Public Law 89–665, as amended), $5,908,000: Pro-
vided, That none of these funds shall be available for compensation 
of level V of the Executive Schedule or higher positions. 
NATIONAL CAPITAL PLANNING COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses, as authorized by the National Capital 
Planning Act of 1952 (40 U.S.C. 71–71i), including services as 
authorized by 5 U.S.C. 3109, $8,507,000: Provided, That one-quarter 
of 1 percent of the funds provided under this heading may be 
used for official reception and representational expenses associated 
with hosting international visitors engaged in the planning and 
physical development of world capitals. 
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123 STAT. 2955 
PUBLIC LAW 111–88—OCT. 30, 2009 
UNITED STATES HOLOCAUST MEMORIAL MUSEUM 
HOLOCAUST MEMORIAL MUSEUM 
For expenses of the Holocaust Memorial Museum, as authorized 
by Public Law 106–292 (36 U.S.C. 2301–2310), $49,122,000, of 
which $515,000 for the Museum’s equipment replacement program, 
$1,900,000 for the museum’s repair and rehabilitation program, 
and $1,264,000 for the museum’s exhibition design and production 
program shall remain available until expended. 
PRESIDIO TRUST 
PRESIDIO TRUST FUND 
For necessary expenses to carry out title I of the Omnibus 
Parks and Public Lands Management Act of 1996, $23,200,000 
shall be available to the Presidio Trust, to remain available until 
expended. 
DWIGHT D. EISENHOWER MEMORIAL COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses, including the costs of construction 
design, of the Dwight D. Eisenhower Memorial Commission, 
$3,000,000, to remain available until expended. 
CAPITAL CONSTRUCTION 
For necessary expenses of the Dwight D. Eisenhower Memorial 
Commission for design and construction of a memorial in honor 
of Dwight D. Eisenhower, as authorized by Public Law 106–79, 
$16,000,000, to remain available until expended. 
TITLE IV 
GENERAL PROVISIONS 
(INCLUDING TRANSFERS OF FUNDS) 
LIMITATION ON CONSULTING SERVICES 
SEC. 401. The expenditure of any appropriation under this 
Act for any consulting service through procurement contract, pursu-
ant to 5 U.S.C. 3109, shall be limited to those contracts where 
such expenditures are a matter of public record and available 
for public inspection, except where otherwise provided under 
existing law, or under existing Executive Order issued pursuant 
to existing law. 
RESTRICTION ON USE OF FUNDS 
SEC. 402. No part of any appropriation contained in this Act 
shall be available for any activity or the publication or distribution 
of literature that in any way tends to promote public support 
or opposition to any legislative proposal on which Congressional 
action is not complete other than to communicate to Members 
of Congress as described in 18 U.S.C. 1913. 
Lobbying. 
Contracts. 
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123 STAT. 2956 
PUBLIC LAW 111–88—OCT. 30, 2009 
OBLIGATION OF APPROPRIATIONS 
SEC. 403. No part of any appropriation contained in this Act 
shall remain available for obligation beyond the current fiscal year 
unless expressly so provided herein. 
PROHIBITION ON USE OF FUNDS FOR PERSONAL SERVICES 
SEC. 404. None of the funds provided in this Act to any depart-
ment or agency shall be obligated or expended to provide a personal 
cook, chauffeur, or other personal servants to any officer or 
employee of such department or agency except as otherwise provided 
by law. 
DISCLOSURE OF ADMINISTRATIVE EXPENSES 
SEC. 405. Estimated overhead charges, deductions, reserves 
or holdbacks from programs, projects, activities and subactivities 
to support government-wide, departmental, agency or bureau 
administrative functions or headquarters, regional or central oper-
ations shall be presented in annual budget justifications and subject 
to approval by the Committees on Appropriations. Changes to such 
estimates shall be presented to the Committees on Appropriations 
for approval. 
GIANT SEQUOIA 
SEC. 406. None of the funds in this Act may be used to plan, 
prepare, or offer for sale timber from trees classified as giant 
sequoia (Sequoiadendron giganteum) which are located on National 
Forest System or Bureau of Land Management lands in a manner 
different than such sales were conducted in fiscal year 2009. 
TRANSFER OF FUNDS AUTHORITY 
SEC. 407. None of the funds made available in this Act may 
be transferred to any department, agency, or instrumentality of 
the United States Government except pursuant to a transfer made 
by, or transfer provided in, this Act or any other Act. 
MINING APPLICATIONS 
SEC. 408. (a) LIMITATION OF FUNDS.—None of the funds appro-
priated or otherwise made available pursuant to this Act shall 
be obligated or expended to accept or process applications for a 
patent for any mining or mill site claim located under the general 
mining laws. 
(b) EXCEPTIONS.—The provisions of subsection (a) shall not 
apply if the Secretary of the Interior determines that, for the 
claim concerned: (1) a patent application was filed with the Sec-
retary on or before September 30, 1994; and (2) all requirements 
established under sections 2325 and 2326 of the Revised Statutes 
(30 U.S.C. 29 and 30) for vein or lode claims and sections 2329, 
2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36, 
and 37) for placer claims, and section 2337 of the Revised Statutes 
(30 U.S.C. 42) for mill site claims, as the case may be, were 
fully complied with by the applicant by that date. 
Determination. 
Patents. 
Budget 
estimates. 
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123 STAT. 2957 
PUBLIC LAW 111–88—OCT. 30, 2009 
(c) REPORT.—On September 30, 2010, the Secretary of the 
Interior shall file with the House and Senate Committees on Appro-
priations and the Committee on Natural Resources of the House 
and the Committee on Energy and Natural Resources of the Senate 
a report on actions taken by the Department under the plan sub-
mitted pursuant to section 314(c) of the Department of the Interior 
and Related Agencies Appropriations Act, 1997 (Public Law 104– 
208). 
(d) MINERAL
EXAMINATIONS.—In order to process patent 
applications in a timely and responsible manner, upon the request 
of a patent applicant, the Secretary of the Interior shall allow 
the applicant to fund a qualified third-party contractor to be selected 
by the Bureau of Land Management to conduct a mineral examina-
tion of the mining claims or mill sites contained in a patent applica-
tion as set forth in subsection (b). The Bureau of Land Management 
shall have the sole responsibility to choose and pay the third- 
party contractor in accordance with the standard procedures 
employed by the Bureau of Land Management in the retention 
of third-party contractors. 
CONTRACT SUPPORT COSTS 
SEC. 409. Notwithstanding any other provision of law, amounts 
appropriated to or otherwise designated in committee reports for 
the Bureau of Indian Affairs and the Indian Health Service by 
Public Laws 103–138, 103–332, 104–134, 104–208, 105–83, 105– 
277, 106–113, 106–291, 107–63, 108–7, 108–108, 108–447, 109– 
54, 109–289, division B and Continuing Appropriations Resolution, 
2007 (division B of Public Law 109–289, as amended by Public 
Laws 110–5 and 110–28), Public Laws 110–92, 110–116, 110–137, 
110–149, 110–161, 110–329, 111–6, and 111–8 for payments for 
contract support costs associated with self-determination or self- 
governance contracts, grants, compacts, or annual funding agree-
ments with the Bureau of Indian Affairs or the Indian Health 
Service as funded by such Acts, are the total amounts available 
for fiscal years 1994 through 2009 for such purposes, except that 
the Bureau of Indian Affairs, tribes and tribal organizations may 
use their tribal priority allocations for unmet contract support costs 
of ongoing contracts, grants, self-governance compacts, or annual 
funding agreements. 
FOREST MANAGEMENT PLANS 
SEC. 410. The Secretary of Agriculture shall not be considered 
to be in violation of subparagraph 6(f)(5)(A) of the Forest and 
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 
1604(f)(5)(A)) solely because more than 15 years have passed with-
out revision of the plan for a unit of the National Forest System. 
Nothing in this section exempts the Secretary from any other 
requirement of the Forest and Rangeland Renewable Resources 
Planning Act (16 U.S.C. 1600 et seq.) or any other law: Provided, 
That if the Secretary is not acting expeditiously and in good faith, 
within the funding available, to revise a plan for a unit of the 
National Forest System, this section shall be void with respect 
to such plan and a court of proper jurisdiction may order completion 
of the plan on an accelerated basis. 
16 USC 1604 
note. 
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123 STAT. 2958 
PUBLIC LAW 111–88—OCT. 30, 2009 
PROHIBITION WITHIN NATIONAL MONUMENTS 
SEC. 411. No funds provided in this Act may be expended 
to conduct preleasing, leasing and related activities under either 
the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the 
boundaries of a National Monument established pursuant to the 
Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary 
existed on January 20, 2001, except where such activities are 
allowed under the Presidential proclamation establishing such 
monument. 
INTERNATIONAL FIREFIGHTER COOPERATIVE AGREEMENTS 
SEC. 412. In entering into agreements with foreign fire 
organizations pursuant to the Temporary Emergency Wildfire 
Suppression Act (42 U.S.C. 1856m–1856o), the Secretary of Agri-
culture and the Secretary of the Interior are authorized to enter 
into reciprocal agreements in which the individuals furnished under 
said agreements to provide wildfire services are considered, for 
purposes of tort liability, employees of the fire organization receiving 
said services when the individuals are engaged in fire suppression 
or presuppression: Provided, That the Secretary of Agriculture or 
the Secretary of the Interior shall not enter into any agreement 
under this provision unless the foreign fire organization agrees 
to assume any and all liability for the acts or omissions of American 
firefighters engaged in fire suppression or presuppression in a for-
eign country: Provided further, That when an agreement is reached 
for furnishing fire suppression or presuppression services, the only 
remedies for acts or omissions committed while engaged in fire 
suppression or presuppression shall be those provided under the 
laws applicable to the fire organization receiving the fire suppres-
sion or presuppression services, and those remedies shall be the 
exclusive remedies for any claim arising out of fire suppression 
or presuppression activities in a foreign country: Provided further, 
That neither the sending country nor any legal organization associ-
ated with the firefighter shall be subject to any legal action, con-
sistent with the applicable laws governing sovereign immunity, 
pertaining to or arising out of the firefighter’s role in fire suppres-
sion or presuppression, except that if the foreign fire organization 
is unable to provide immunity under laws applicable to it, it shall 
assume any and all liability for the United States or for any 
legal organization associated with the American firefighter, and 
for any and all costs incurred or assessed, including legal fees, 
for any act or omission pertaining to or arising out of the firefighter’s 
role in fire suppression or presuppression. 
CONTRACTING AUTHORITIES 
SEC. 413. In awarding a Federal contract with funds made 
available by this Act, notwithstanding Federal Government procure-
ment and contracting laws, the Secretary of Agriculture and the 
Secretary of the Interior (the ‘‘Secretaries’’) may, in evaluating 
bids and proposals, give consideration to local contractors who are 
from, and who provide employment and training for, dislocated 
and displaced workers in an economically disadvantaged rural 
community, including those historically timber-dependent areas 
that have been affected by reduced timber harvesting on Federal 
Urban and rural 
areas. 
Wildfires. 
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123 STAT. 2959 
PUBLIC LAW 111–88—OCT. 30, 2009 
lands and other forest-dependent rural communities isolated from 
significant alternative employment opportunities: Provided, That 
notwithstanding Federal Government procurement and contracting 
laws the Secretaries may award contracts, grants or cooperative 
agreements to local non-profit entities, Youth Conservation Corps 
or related partnerships with State, local or non-profit youth groups, 
or small or micro-business or disadvantaged business: Provided 
further, That the contract, grant, or cooperative agreement is for 
forest hazardous fuels reduction, watershed or water quality moni-
toring or restoration, wildlife or fish population monitoring, or 
habitat restoration or management: Provided further, That the 
terms ‘‘rural community’’ and ‘‘economically disadvantaged’’ shall 
have the same meanings as in section 2374 of Public Law 101– 
624: Provided further, That the Secretaries shall develop guidance 
to implement this section: Provided further, That nothing in this 
section shall be construed as relieving the Secretaries of any duty 
under applicable procurement laws, except as provided in this sec-
tion. 
LIMITATION ON TAKINGS 
SEC. 414. Unless otherwise provided herein, no funds appro-
priated in this Act for the acquisition of lands or interests in 
lands may be expended for the filing of declarations of taking 
or complaints in condemnation without the approval of the House 
and Senate Committees on Appropriations: Provided, That this 
provision shall not apply to funds appropriated to implement the 
Everglades National Park Protection and Expansion Act of 1989, 
or to funds appropriated for Federal assistance to the State of 
Florida to acquire lands for Everglades restoration purposes. 
HUNTERS POINT ENVIRONMENTAL CLEANUP 
SEC. 415. In addition to the amounts otherwise provided to 
the Environmental Protection Agency in this Act, $8,000,000, to 
remain available until expended, is provided to EPA to be trans-
ferred to the Department of the Navy for clean-up activities at 
the Treasure Island Naval Station—Hunters Point Annex. 
EXTENSION OF GRAZING PERMITS 
SEC. 416. The terms and conditions of section 325 of Public 
Law 108–108, regarding grazing permits at the Department of 
the Interior and the Forest Service shall remain in effect for fiscal 
year 2010. 
NATIONAL COUNCIL ON THE ARTS MEMBERSHIP 
SEC. 417. Section 6 of the National Foundation on the Arts 
and the Humanities Act of 1965 (Public Law 89–209, 20 U.S.C. 
955), as amended, is further amended as follows: 
(1) In the first sentence of subsection (b)(1)(C), by striking 
‘‘14’’ and inserting in lieu thereof ‘‘18’’; and 
(2) In the second sentence of subsection (d)(1), by striking 
‘‘Eight’’ and inserting in lieu thereof ‘‘Ten’’. 
Guidelines. 
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123 STAT. 2960 
PUBLIC LAW 111–88—OCT. 30, 2009 
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS AUTHORIZATION 
SEC. 418. The item relating to ‘‘National Capital Arts and 
Cultural Affairs’’ in the Department of the Interior and Related 
Agencies Appropriations Act, 1986, as enacted into law by section 
101(d) of Public Law 99–190 (99 Stat. 1261; 20 U.S.C. 956a), is 
amended— 
(1) in the second sentence of the first paragraph, by striking 
‘‘$7,500,000’’ and inserting ‘‘$10,000,000’’; and 
(2) in the second sentence of the fourth paragraph, by 
striking ‘‘$500,000’’ and inserting ‘‘$650,000’’. 
ALASKA NATIVE HEALTH CARE SERVICES 
SEC. 419. (a) Notwithstanding any other provision of law and 
until October 1, 2011, the Indian Health Service may not disburse 
funds for the provision of health care services pursuant to Public 
Law 93–638 (25 U.S.C. 450 et seq.) to any Alaska Native village 
or Alaska Native village corporation that is located within the 
area served by an Alaska Native regional health entity. 
(b) Nothing in this section shall be construed to prohibit the 
disbursal of funds to any Alaska Native village or Alaska Native 
village corporation under any contract or compact entered into 
prior to May 1, 2006, or to prohibit the renewal of any such 
agreement. 
(c) For the purpose of this section, Eastern Aleutian Tribes, 
Inc., the Council of Athabascan Tribal Governments, and the Native 
Village of Eyak shall be treated as Alaska Native regional health 
entities to which funds may be disbursed under this section. 
EXTENSION OF FOREST BOTANICAL PRODUCT AUTHORITIES 
SEC. 420. Section 339(h) of the Department of the Interior 
and Related Agencies Appropriations Act, 2000, as amended, con-
cerning a pilot program for the sale of forest botanical products 
by the Forest Service, is further amended by striking ‘‘September 
30, 2009’’ and inserting ‘‘September 30, 2014’’. 
TIMBER SALE REQUIREMENTS 
SEC. 421. The Forest Service shall use the residual value 
approach to appraising all timber sales in Alaska’s Region 10 that 
contain a component of Western red cedar and shall only offer 
sales that contain a component of Western red cedar that are 
not deficit. Western red cedar shall be appraised using lower 48 
State domestic values if the timber might be eligible for shipment 
to the lower 48 States. All of the Western red cedar timber from 
those sales which is surplus to the needs of domestic processors 
in Alaska shall be made available to domestic processors in the 
contiguous 48 United States at prevailing domestic prices in the 
contiguous 48 United States. Western red cedar shall be deemed 
‘‘surplus to the needs of domestic processors in Alaska’’ if the 
Forest Service determines it is surplus or if the timber sale holder 
has presented to the Forest Service documentation that the Forest 
Service determines is valid of the inability to sell Western red 
cedar logs from a given sale to domestic Alaska processors at 
a price equal to or greater than the log selling value stated in 
the contract. All additional Western red cedar volume not sold 
Determination. 
16 USC 528 note. 
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123 STAT. 2961 
PUBLIC LAW 111–88—OCT. 30, 2009 
to Alaska or to contiguous 48 United States domestic processors 
may be exported to foreign markets if the Forest Service determines 
it is surplus to the needs of the 50 States. All Alaska yellow 
cedar may be sold at prevailing export prices if the Forest Service 
determines it is surplus to the needs of the 50 States. 
COLORADO COOPERATIVE CONSERVATION AUTHORITY 
SEC. 422. Section 331(e) of the Department of the Interior 
and Related Agencies Appropriations Act, 2001, (Public Law 106– 
291), as added by section 336 of division E of the Consolidated 
Appropriations Act, 2005 (Public Law 108–447), concerning coopera-
tive forestry agreements known as the Colorado Good Neighbor 
Act Authority is amended by striking ‘‘September 30, 2009’’ and 
inserting ‘‘September 30, 2013’’. 
GEOTHERMAL ENERGY RECEIPTS 
SEC. 423. All monies received by the United States in fiscal 
year 2010 from sales, bonuses, rentals, and royalties under the 
Geothermal Steam Act of 1970 shall be disposed of as provided 
by section 20 of that Act (30 U.S.C. 1019), as in effect immediately 
before enactment of the Energy Policy Act of 2005 (Public Law 
109–58), and without regard to the amendments contained in sec-
tions 224(b) and section 234 of the Energy Policy Act of 2005 
(42 U.S.C. 17673). 
PROHIBITION ON USE OF FUNDS 
SEC. 424. Notwithstanding any other provision of law, none 
of the funds made available in this Act or any other Act may 
be used to promulgate or implement any regulation requiring the 
issuance of permits under title V of the Clean Air Act (42 U.S.C. 
7661 et seq.) for carbon dioxide, nitrous oxide, water vapor, or 
methane emissions resulting from biological processes associated 
with livestock production. 
GREENHOUSE GAS REPORTING RESTRICTIONS 
SEC. 425. Notwithstanding any other provision of law, none 
of the funds made available in this or any other Act may be 
used to implement any provision in a rule, if that provision requires 
mandatory reporting of greenhouse gas emissions from manure 
management systems. 
REPORT ON USE OF CLIMATE CHANGE FUNDS 
SEC. 426. Not later than 120 days after the date on which 
the President’s fiscal year 2011 budget request is submitted to 
Congress, the President shall submit a report to the Committee 
on Appropriations of the House of Representatives and the Com-
mittee on Appropriations of the Senate describing in detail all 
Federal agency obligations and expenditures, domestic and inter-
national, for climate change programs and activities in fiscal year 
2009 and fiscal year 2010, including an accounting of expenditures 
by agency with each agency identifying climate change activities 
and associated costs by line item as presented in the President’s 
Budget Appendix. 
President. 
118 Stat. 3102. 
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123 STAT. 2962 
PUBLIC LAW 111–88—OCT. 30, 2009 
PROHIBITION ON USE OF FUNDS 
SEC. 427. None of the funds made available under this Act 
may be distributed to the Association of Community Organizations 
for Reform Now (ACORN) or its subsidiaries. 
GUANTANAMO BAY DETAINEES, FUNDING RESTRICTIONS 
SEC. 428. (a) None of the funds made available in this or 
any other Act may be used to release an individual who is detained, 
as of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, 
into the continental United States, Alaska, Hawaii, or the District 
of Columbia, into any of the United States territories of Guam, 
American Samoa (AS), the United States Virgin Islands (USVI), 
the Commonwealth of Puerto Rico and the Commonwealth of the 
Northern Mariana Islands (CNMI). 
(b) None of the funds made available in this or any other 
Act may be used to transfer an individual who is detained, as 
of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, into 
the continental United States, Alaska, Hawaii, or the District of 
Columbia, into any of the United States territories of Guam, Amer-
ican Samoa (AS), the United States Virgin Islands (USVI), the 
Commonwealth of Puerto Rico and the Commonwealth of the 
Northern Mariana Islands (CNMI), for the purpose of detention, 
except as provided in subsection (c). 
(c) None of the funds made available in this or any other 
Act may be used to transfer an individual who is detained, as 
of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, into 
the continental United States, Alaska, Hawaii, or the District of 
Columbia, into any of the United States territories of Guam, Amer-
ican Samoa (AS), the United States Virgin Islands (USVI), the 
Commonwealth of Puerto Rico and the Commonwealth of the 
Northern Mariana Islands (CNMI), for the purposes of prosecuting 
such individual, or detaining such individual during legal pro-
ceedings, until 45 days after the plan described in subsection (d) 
is received. 
(d) The President shall submit to Congress, in classified form, 
a plan regarding the proposed disposition of any individual covered 
by subsection (c) who is detained as of June 24, 2009. Such plan 
shall include, at a minimum, each of the following for each such 
individual: 
(1) A determination of the risk that the individual might 
instigate an act of terrorism within the continental United 
States, Alaska, Hawaii, the District of Columbia, or the United 
States territories if the individual were so transferred. 
(2) A determination of the risk that the individual might 
advocate, coerce, or incite violent extremism, ideologically moti-
vated criminal activity, or acts of terrorism, among inmate 
populations at incarceration facilities within the continental 
United States, Alaska, Hawaii, the District of Columbia, or 
the United States territories if the individual were transferred 
to such a facility. 
(3) The costs associated with transferring the individual 
in question. 
(4) The legal rationale and associated court demands for 
transfer. 
(5) A plan for mitigation of any risks described in para-
graphs (1), (2), and (7). 
President. 
Classified 
information. 
Plans. 
Cuba. 
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123 STAT. 2963 
PUBLIC LAW 111–88—OCT. 30, 2009 
(6) A copy of a notification to the Governor of the State 
to which the individual will be transferred, to the Mayor of 
the District of Columbia if the individual will be transferred 
to the District of Columbia, or to any United States territories 
with a certification by the Attorney General of the United 
States in classified form at least 14 days prior to such transfer 
(together with supporting documentation and justification) that 
the individual poses little or no security risk to the United 
States. 
(7) An assessment of any risk to the national security 
of the United States or its citizens, including members of the 
Armed Services of the United States, that is posed by such 
transfer and the actions taken to mitigate such risk. 
(e) None of the funds made available in this or any other 
Act may be used to transfer or release an individual detained 
at Naval Station, Guantanamo Bay, Cuba, as of June 24, 2009, 
to the country of such individual’s nationality or last habitual 
residence or to any other country other than the United States 
or to a freely associated State, unless the President submits to 
the Congress, in classified form, at least 15 days prior to such 
transfer or release, the following information: 
(1) The name of any individual to be transferred or released 
and the country or the freely associated State to which such 
individual is to be transferred or released. 
(2) An assessment of any risk to the national security 
of the United States or its citizens, including members of the 
Armed Services of the United States, that is posed by such 
transfer or release and the actions taken to mitigate such 
risk. 
(3) The terms of any agreement with the country or the 
freely associated State for the acceptance of such individual, 
including the amount of any financial assistance related to 
such agreement. 
(f) In this section, the term ‘‘freely associated States’’ means 
the Federated States of Micronesia (FSM), the Republic of the 
Marshall Islands (RMI), and the Republic of Palau. 
(g) Prior to the termination of detention operations at Naval 
Station, Guantanamo Bay, Cuba, the President shall submit to 
the Congress a report in classified form describing the disposition 
or legal status of each individual detained at the facility as of 
the date of enactment of this Act. 
JUNGO DISPOSAL SITE EVALUATION 
SEC. 429. 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 (including 
asbestos, discarded tires, and sludge from 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; 
Nevada. 
President. 
Classified 
information. 
Reports. 
Definition. 
President. 
Classified 
information. 
Submission. 
Deadline. 
Notification. 
Deadline. 
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123 STAT. 2964 
PUBLIC LAW 111–88—OCT. 30, 2009 
(3) the potential impact of expected waste seepage 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. 430. (a) As soon as practicable after the date of enactment 
of this Act, the Administrator of the Environmental Protection 
Agency (referred to in this section as the ‘‘Administrator’’) is encour-
aged to consider all appropriate criteria 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)). 
(b) For the purpose of the remedial action under the Com-
prehensive Environmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9601 et seq.) that includes permanent reloca-
tion of residents of Treece, Kansas, any such relocation shall not 
be subject to the Uniform Relocation 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 
previous Record of Decision at the Tar Creek, Oklahoma, National 
Priority List Site, by any Federal agency or through any funding 
by any Federal agency. 
AGRICULTURAL RESEARCH AUTHORIZATION 
SEC. 431. Section 404(c) of the Agricultural Research, Exten-
sion, 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 ‘‘Agricultural Research Service and the 
Forest Service’’; and 
(2) by adding at the end the following: 
‘‘(3) AUTHORITY OF SECRETARY.—To carry out a cooperative 
agreement with a private entity under paragraph (1), the Sec-
retary may rent to the private entity equipment, the title 
of which is held by the Federal Government.’’. 
NATIONAL FOREST FOUNDATION 
SEC. 432. Section 403(a) of the National Forest Foundation 
Act (16 U.S.C. 583j–1(a)) is amended, in the first sentence, by 
striking ‘‘fifteen Directors’’ and inserting ‘‘not more than 30 Direc-
tors’’. 
Kansas. 
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123 STAT. 2965 
PUBLIC LAW 111–88—OCT. 30, 2009 
CABIN USER FEES 
SEC. 433. Notwithstanding any other provision of law, none 
of the funds made available by this or any other Act may be 
used by the Secretary of Agriculture to increase a recreation resi-
dence user fee for calendar year 2010 by more than 25 percent 
of the recreation residence user fee applicable to the recreation 
residence for calendar year 2009. 
PROHIBITION ON NO-BID CONTRACTS 
SEC. 434. None of the funds appropriated or otherwise made 
available by this Act to executive branch agencies may be used 
to enter into any Federal contract unless such contract is entered 
into in accordance with the requirements of the Federal Property 
and Administrative Service Act of 1949 (41 U.S.C. 253) or chapter 
137 of title 10, United States Code, and the Federal Acquisition 
Regulations, unless: 
(1) Federal law specifically authorizes a contract to be 
entered into without regard for these requirements, including 
formula grants for States, or federally recognized Indian tribes; 
or 
(2) such contract is authorized by the Indian Self-Deter-
mination 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 contract within an Indian 
tribe as defined in section 4(e) of that Act (25 U.S.C. 450b(e)); 
or 
(3) such contract was awarded prior to the date of enact-
ment of this Act. 
POSTING OF REPORTS 
SEC. 435. (a) Any agency receiving funds made available in 
this Act, shall, subject to subsections (b) and (c), post on the public 
website of that agency any report required to be submitted by 
the Congress in this or any other Act, upon the determination 
by the head of the agency that it shall serve the national interest. 
(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. 
(c) The head of the agency posting such report shall do so 
only after such report has been made available to the requesting 
Committee or Committees of Congress for no less than 45 days. 
NATIONAL CONSERVATION AREA MAP AMENDMENT 
SEC. 436. Section 1971(1) of the Omnibus Public Land Manage-
ment Act of 2009 (16 U.S.C. 460www note; Public Law 111–11) 
is amended by striking ‘‘December 18, 2008’’ and inserting ‘‘Sep-
tember 20, 2009’’. 
TAR CREEK SUPERFUND SITE 
SEC. 437. (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 
Ante, p. 1075. 
Web posting. 
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123 STAT. 2966 
PUBLIC LAW 111–88—OCT. 30, 2009 
(as defined in section 278.1(b) of title 40, Code of Federal Regula-
tions (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 federally 
required disadvantaged business enterprise set-aside on feder-
ally 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. 
(c) APPLICABLE LAW.—The use of chat acquired under sub-
section (a) shall conform with applicable laws (including the regula-
tions for the use of chat promulgated by the Administrator of 
the Environmental Protection Agency). 
NATIONAL ENDOWMENT FOR THE ARTS GRANT GUIDELINES 
SEC. 438. Of the funds provided to the National Endowment 
for the Arts— 
(1) The Chairperson shall only award a grant to an indi-
vidual if such grant is awarded to such individual for a lit-
erature fellowship, National Heritage Fellowship, or American 
Jazz Masters Fellowship. 
(2) The Chairperson shall establish procedures to ensure 
that no funding provided through a grant, except a grant made 
to a State or local arts agency, or regional group, may be 
used to make a grant to any other organization or individual 
to conduct activity independent of the direct grant recipient. 
Nothing in this subsection shall prohibit payments made in 
exchange for goods and services. 
(3) No grant shall be used for seasonal support to a group, 
unless the application is specific to the contents of the season, 
including identified programs and/or projects. 
NATIONAL ENDOWMENT FOR THE ARTS PROGRAM PRIORITIES 
SEC. 439. (a) In providing services or awarding financial assist-
ance under the National Foundation on the Arts and the Human-
ities Act of 1965 from funds appropriated under this Act, the 
Chairperson of the National Endowment for the Arts shall ensure 
that priority is given to providing services or awarding financial 
assistance for projects, productions, workshops, or programs that 
serve underserved populations. 
(b) In this section: 
(1) The term ‘‘underserved population’’ means a population 
of individuals, including urban minorities, who have historically 
been outside the purview of arts and humanities programs 
due to factors such as a high incidence of income below the 
poverty line or to geographic isolation. 
(2) The term ‘‘poverty line’’ means the poverty line (as 
defined by the Office of Management and Budget, and revised 
annually in accordance with section 673(2) of the Community 
Services Block Grant Act (42 U.S.C. 9902(2)) applicable to 
a family of the size involved. 
(c) In providing services and awarding financial assistance 
under the National Foundation on the Arts and Humanities Act 
of 1965 with funds appropriated by this Act, the Chairperson of 
the National Endowment for the Arts shall ensure that priority 
is given to providing services or awarding financial assistance for 
Definitions. 
Procedures. 
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123 STAT. 2967 
PUBLIC LAW 111–88—OCT. 30, 2009 
projects, productions, workshops, or programs that will encourage 
public knowledge, education, understanding, and appreciation of 
the arts. 
(d) With funds appropriated by this Act to carry out section 
5 of the National Foundation on the Arts and Humanities Act 
of 1965— 
(1) the Chairperson shall establish a grant category for 
projects, productions, workshops, or programs that are of 
national impact or availability or are able to tour several States; 
(2) the Chairperson shall not make grants exceeding 15 
percent, in the aggregate, of such funds to any single State, 
excluding grants made under the authority of paragraph (1); 
(3) the Chairperson shall report to the Congress annually 
and by State, on grants awarded by the Chairperson in each 
grant category under section 5 of such Act; and 
(4) the Chairperson shall encourage the use of grants to 
improve and support community-based music performance and 
education. 
ENERGY AND WATER DEVELOPMENT, TECHNICAL CORRECTION 
SEC. 440. Section 208(a)(2)(E) of the Energy and Water Develop-
ment and Related Agencies Appropriations Act, 2010 is amended 
by striking ‘‘$45,000,000’’ and inserting ‘‘$5,000,000’’. 
AWARDS TO FOR-PROFIT ENTITIES 
SEC. 441. Specific projects contained in the report of the Com-
mittee on Appropriations of the House of Representatives accom-
panying this Act (H. Rept. 111–180) that are considered congres-
sional earmarks for purposes of clause 9 of rule XXI of the Rules 
of the House of Representatives, when intended to be awarded 
to a for-profit entity, shall be awarded under a full and open 
competition. 
PROHIBITION ON USE OF FUNDS 
SEC. 442. None of the funds made available for the Environ-
mental Protection Agency in this Act may be expended by the 
Administrator of the Environmental Protection Agency to issue 
a final rule that includes fuel sulfur standards applicable to existing 
steamships that operate exclusively within the Great Lakes, and 
their connecting and tributary waters. 
AUTHORIZATION FOR REFINANCING 
SEC. 443. The Administrator of the Environmental Protection 
Agency shall allow the State of Mississippi to refinance the Clean 
Water State Revolving Loans made to the Hancock Water and 
Sewer District and the Hancock Utility Authority for a period 
not to exceed one year with the payment schedule amortized over 
that additional period. 
INCORPORATION OF CONGRESSIONALLY REQUESTED PROJECTS 
SEC. 444. Within the amounts appropriated in this Act, funding 
shall be allocated in the amounts specified for those projects and 
Ante, p. 2858. 
Reports. 
Grants. 
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123 STAT. 2968 
PUBLIC LAW 111–88—OCT. 30, 2009 
purposes delineated in the table titled ‘‘Incorporation of Congres-
sionally Requested Projects’’ included in the joint explanatory state-
ment of the managers accompanying this Act, except that such 
funding appropriated for land acquisition, construction, and capital 
improvement and maintenance may be reallocated to other projects 
in that table funded by the same appropriation account if such 
reallocation has been approved by the House and Senate Commit-
tees on Appropriations; and, such funding appropriated for 
‘‘National Park Service—Historic Preservation Fund’’ for Save 
America’s Treasures grants may be reallocated to be used for 
competitive grants under the Save America’s Treasures program 
if such reallocation has been approved by the House and Senate 
Committees on Appropriations. 
TITLE V—FLAME ACT OF 2009 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘Federal Land Assistance, 
Management, and Enhancement Act of 2009’’ or ‘‘FLAME Act of 
2009’’. 
SEC. 502. FLAME WILDFIRE SUPPRESSION RESERVE FUNDS. 
(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 Rangeland Renewable 
Resources Planning Act of 1974 (16 U.S.C. 1609(a)). 
(2) FLAME FUND.—The term ‘‘FLAME Fund’’ means a 
FLAME Wildfire Suppression Reserve Fund established by sub-
section (b). 
(3) RELEVANT CONGRESSIONAL COMMITTEES.—The term ‘‘rel-
evant congressional committees’’ means the Committee on 
Appropriations, the Committee on Natural Resources, and the 
Committee on Agriculture of the House of Representatives and 
the Committee on Appropriations, the Committee on Energy 
and Natural Resources, and the Committee on Indian Affairs 
of the Senate. 
(4) SECRETARY
CONCERNED.—The term ‘‘Secretary con-
cerned’’ means— 
(A) the Secretary of the Interior, with respect to— 
(i) Federal land described in subparagraphs (A), 
(B), (C), and (D) of paragraph (1); and 
(ii) the FLAME Fund established for the Depart-
ment of the Interior; and 
(B) the Secretary of Agriculture, with respect to— 
(i) National Forest System land; and 
(ii) the FLAME Fund established for the Depart-
ment of the Agriculture. 
43 USC 1748a. 
43 USC 1701 
note. 
Federal Land 
Assistance, 
Management, 
and 
Enhancement 
Act of 2009. 
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123 STAT. 2969 
PUBLIC LAW 111–88—OCT. 30, 2009 
(b) ESTABLISHMENT OF FLAME FUNDS.—There is established 
in the Treasury of the United States the following accounts: 
(1) The FLAME Wildfire Suppression Reserve Fund for 
the Department of the Interior. 
(2) The FLAME Wildfire Suppression Reserve Fund for 
the Department of Agriculture. 
(c) PURPOSE
OF FLAME FUNDS.—The FLAME Funds shall 
be available to cover the costs of large or complex wildfire events 
and as a reserve when amounts provided for wildfire suppression 
and Federal emergency response in the Wildland Fire Management 
appropriation accounts are exhausted. 
(d) FUNDING.— 
(1) CREDITS TO FUNDS.—A FLAME Fund shall consist of 
the following: 
(A) Such amounts as are appropriated to that FLAME 
Fund. 
(B) Such amounts as are transferred to that FLAME 
Fund under paragraph (5). 
(2) AUTHORIZATION OF APPROPRIATIONS.— 
(A) AUTHORIZATION
OF
APPROPRIATIONS.—There are 
authorized to be appropriated to the FLAME Funds such 
amounts as are necessary to carry out this section. 
(B) CONGRESSIONAL INTENT.—It is the intent of Con-
gress that, for fiscal year 2011 and each fiscal year there-
after, the amounts requested by the President for a FLAME 
Fund should be not less than the amount estimated by 
the Secretary concerned as the amount necessary for that 
fiscal year for wildfire suppression activities of the Sec-
retary that meet the criteria specified in subsection 
(e)(2)(B)(i). 
(C) SENSE OF CONGRESS ON DESIGNATION OF FLAME 
FUND APPROPRIATIONS, SUPPLEMENTAL FUNDING REQUEST, 
AND SUPPLEMENT TO OTHER SUPPRESSION FUNDING.—It is 
the sense of Congress that for fiscal year 2011 and each 
fiscal year thereafter— 
(i) amounts appropriated to a FLAME Fund in 
excess of the amount estimated by the Secretary con-
cerned as the amount necessary for that fiscal year 
for wildfire suppression activities of the Secretary that 
meet the criteria specified in subsection (e)(2)(B)(i) 
should be designated as amounts necessary to meet 
emergency needs; 
(ii) the Secretary concerned should promptly make 
a supplemental request for additional funds to 
replenish the FLAME Fund if the Secretary determines 
that the FLAME Fund will be exhausted within 30 
days; and 
(iii) funding made available through the FLAME 
Fund should be used to supplement the funding other-
wise appropriated to the Secretary concerned for wild-
fire suppression and Federal emergency response in 
the Wildland Fire Management appropriation accounts. 
(3) AVAILABILITY.—Amounts in a FLAME Fund shall 
remain available to the Secretary concerned until expended. 
(4) NOTICE OF INSUFFICIENT FUNDS.—The Secretary con-
cerned shall notify the relevant congressional committees if 
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123 STAT. 2970 
PUBLIC LAW 111–88—OCT. 30, 2009 
the Secretary estimates that only 60 days worth of funds remain 
in the FLAME Fund administered by that Secretary. 
(5) TRANSFER AUTHORITY.—If a FLAME Fund has insuffi-
cient funds, the Secretary concerned administering the other 
FLAME Fund may transfer amounts to the FLAME Fund with 
insufficient funds. Not more than $100,000,000 may be trans-
ferred from a FLAME Fund during any fiscal year under this 
authority. 
(e) USE OF FLAME FUND.— 
(1) IN
GENERAL.—Subject to paragraphs (2) and (3), 
amounts in a FLAME Fund shall be available to the Secretary 
concerned to transfer to the Wildland Fire Management appro-
priation account of that Secretary to pay the costs of wildfire 
suppression activities of that Secretary that are separate from 
amounts for wildfire suppression activities annually appro-
priated to that Secretary under the Wildland Fire Management 
appropriation account of that Secretary. 
(2) DECLARATION REQUIRED.— 
(A) IN GENERAL.—Amounts in a FLAME Fund shall 
be available for transfer under paragraph (1) only after 
that Secretary concerned issues a declaration that a wild-
fire suppression event is eligible for funding from the 
FLAME Fund. 
(B) DECLARATION CRITERIA.—A declaration by the Sec-
retary concerned under subparagraph (A) may be issued 
only if— 
(i) in the case of an individual wildfire incident— 
(I) the fire covers 300 or more acres; or 
(II) the Secretary concerned determines that 
the fire has required an emergency Federal 
response based on the significant complexity, 
severity, or threat posed by the fire to human 
life, property, or resources; or 
(ii) the cumulative costs of wildfire suppression 
and Federal emergency response activities for the Sec-
retary concerned will exceed, within 30 days, all of 
the 
amounts 
previously 
appropriated 
(including 
amounts appropriated under an emergency designa-
tion, but excluding amounts appropriated to the 
FLAME Fund) to the Secretary concerned for wildfire 
suppression and Federal emergency response. 
(3) STATE, PRIVATE, AND TRIBAL LAND.—Use of a FLAME 
Fund for emergency wildfire suppression activities on State 
land, private land, and tribal land shall be consistent with 
any existing agreements in which the Secretary concerned has 
agreed to assume responsibility for wildfire suppression activi-
ties on the land. 
(f) TREATMENT OF ANTICIPATED AND PREDICTED ACTIVITIES.— 
For fiscal year 2011 and subsequent fiscal years, the Secretary 
concerned shall request funds within the Wildland Fire Manage-
ment appropriation account of that Secretary for regular wildfire 
suppression activities that do not meet the criteria specified in 
subsection (e)(2)(B)(i). 
(g) PROHIBITION ON OTHER TRANSFERS.—The Secretary con-
cerned may not transfer funds from non-fire accounts to the 
Wildland Fire Management appropriation account of that Secretary 
unless amounts in the FLAME Fund of that Secretary and any 
Deadline. 
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123 STAT. 2971 
PUBLIC LAW 111–88—OCT. 30, 2009 
amounts appropriated to that Secretary for the purpose of wildfire 
suppression will be exhausted within 30 days. 
(h) ACCOUNTING AND REPORTS.— 
(1) ACCOUNTING AND REPORTING REQUIREMENTS.—The Sec-
retary concerned shall account and report on amounts trans-
ferred from the respective FLAME Fund in a manner that 
is consistent with existing National Fire Plan reporting proce-
dures. 
(2) ANNUAL REPORT.—The Secretary concerned shall submit 
to the relevant congressional committees and make available 
to the public an annual report that— 
(A) describes the obligation and expenditure of 
amounts transferred from the FLAME Fund; and 
(B) includes any recommendations that the Secretary 
concerned may have to improve the administrative 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 pro-
vided in subparagraph (C), the Secretary concerned shall 
submit to the relevant congressional committees an esti-
mate of anticipated wildfire suppression costs for the 
applicable fiscal year. 
(B) INDEPENDENT REVIEW.—The methodology for devel-
oping the estimates under subparagraph (A) shall be sub-
ject to periodic independent review to ensure compliance 
with subparagraph (D). 
(C) SCHEDULE.—The Secretary concerned shall submit 
an estimate under subparagraph (A) during— 
(i) the first week of March of each year; 
(ii) the first week of May of each year; 
(iii) the first week of July of each year; and 
(iv) if a bill making appropriations for the Depart-
ment of the Interior and the Forest Service for the 
following fiscal year has not been enacted by Sep-
tember 1, the first week of September of each year. 
(D) REQUIREMENTS.—An estimate of anticipated wild-
fire suppression costs shall be developed using the best 
available— 
(i) climate, weather, and other relevant data; and 
(ii) models and other analytic tools. 
(i) TERMINATION OF AUTHORITY.—The authority of the Secretary 
concerned to use the FLAME Fund established for that Secretary 
shall terminate at the end of the third fiscal year in which no 
appropriations to, or withdrawals from, that FLAME Fund have 
been made for a period of three consecutive fiscal years. Upon 
termination of such authority, any amounts remaining in the 
affected FLAME Fund shall be transferred to, and made a part 
of, the Wildland Fire Management appropriation account of the 
Secretary concerned for wildland suppression activities. 
SEC. 503. COHESIVE WILDFIRE MANAGEMENT STRATEGY. 
(a) STRATEGY REQUIRED.—Not later than one 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 
Deadline. 
Reports. 
43 USC 1748b. 
Estimate. 
Deadlines. 
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123 STAT. 2972 
PUBLIC LAW 111–88—OCT. 30, 2009 
of the Government Accountability Office regarding management 
strategies. 
(b) ELEMENTS OF STRATEGY.—The strategy required by sub-
section (a) shall provide for— 
(1) the identification of the most cost-effective means for 
allocating fire management budget resources; 
(2) the reinvestment in non-fire programs by the Secretary 
of the Interior and the Secretary of Agriculture; 
(3) employing the appropriate management response to 
wildfires; 
(4) assessing the level of risk to communities; 
(5) the allocation of hazardous fuels reduction funds based 
on the priority of hazardous fuels reduction projects; 
(6) assessing the impacts of climate change on the fre-
quency and severity of wildfire; and 
(7) studying the effects of invasive species on wildfire risk. 
(c) REVISION.—At least once during each five-year period begin-
ning on the date of the submission of the cohesive wildfire manage-
ment strategy under subsection (a), the Secretary of the Interior 
and the Secretary of Agriculture shall revise the strategy to address 
any changes affecting the strategy, including changes with respect 
to landscape, vegetation, climate, and weather. 
This division may be cited as the ‘‘Department of the Interior, 
Environment, and Related Agencies Appropriations Act, 2010’’. 
DIVISION B—FURTHER CONTINUING APPROPRIATIONS, 
2010 
SEC. 101. The Continuing Appropriations Resolution, 2010 (divi-
sion B of Public Law 111–68) is amended by striking the date 
specified in section 106(3) and inserting ‘‘December 18, 2009’’. 
SEC. 102. Section 129 of the Continuing Appropriations Resolu-
tion, 2010 (division B of Public Law 111–68) is amended by striking 
‘‘2009’’ and inserting ‘‘2008’’, and such amendment shall apply as 
if included in such public law on the date of its enactment. 
SEC. 103. Subsections (c)(1) and (e)(3) of section 9503, and 
subparagraphs (A), (B), and (C) of section 9504(b)(2), of the Internal 
Revenue Code of 1986 are each amended by inserting ‘‘the last 
amendment to’’ after ‘‘on the date of the enactment of’’. 
SEC. 104. The Continuing Appropriations Resolution, 2010 (divi-
sion B of Public Law 111–68) is amended by adding after section 
164 the following new sections: 
‘‘SEC. 165. In addition to amounts provided in section 101, 
amounts are provided for ‘Small Business Administration—Business 
Loans Program Account’, for the cost (as defined in section 502 
of the Congressional Budget Act of 1974) of guaranteed loans as 
authorized by section 7(a) of the Small Business Act, at a rate 
for operations of $80,000,000. 
‘‘SEC. 166. (a) LOAN LIMIT FLOOR BASED ON 2008 LEVELS.— 
For mortgages for which the mortgagee issues credit approval for 
the borrower during calendar year 2010, if the dollar amount limita-
tion on the principal obligation of a mortgage determined under 
section 203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)) 
for any size residence for any area is less than such dollar amount 
limitation that was in effect for such size residence for such area 
for 2008 pursuant to section 202 of the Economic Stimulus Act 
of 2008 (Public Law 110–185; 122 Stat. 620), notwithstanding any 
Ante, p. 2053. 
26 USC 9503, 
9504. 
Ante, p. 2047. 
Applicability. 
Ante, p. 2045. 
Time period. 
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123 STAT. 2973 
PUBLIC LAW 111–88—OCT. 30, 2009 
other provision of law or of this joint resolution, the maximum 
dollar amount limitation on the principal obligation of a mortgage 
for such size residence for such area for purposes of such section 
203(b)(2) shall be considered (except for purposes of section 255(g) 
of such Act (12 U.S.C.1715z-20(g))) to be such dollar amount limita-
tion in effect for such size residence for such area for 2008. 
‘‘(b) DISCRETIONARY
AUTHORITY
FOR
SUB-AREAS.—Notwith-
standing any other provision of law or of this joint resolution, 
if the Secretary of Housing and Urban Development determines, 
for any geographic area that is smaller than an area for which 
dollar amount limitations on the principal obligation of a mortgage 
are determined under section 203(b)(2) of the National Housing 
Act, that a higher such maximum dollar amount limitation is war-
ranted for any particular size or sizes of residences in such sub- 
area by higher median home prices in such sub-area, the Secretary 
may, for mortgages for which the mortgagee issues credit approval 
for the borrower during calendar year 2010, increase the maximum 
dollar amount limitation for such size or sizes of residences for 
such sub-area that is otherwise in effect (including pursuant to 
subsection (a) of this section), but in no case to an amount that 
exceeds the amount specified in section 202(a)(2) of the Economic 
Stimulus Act of 2008. 
‘‘SEC. 167. (a) LOAN LIMIT FLOOR BASED ON 2008 LEVELS.— 
For mortgages originated during calendar year 2010, if the limita-
tion on the maximum original principal obligation of a mortgage 
that may be purchased by the Federal National Mortgage Associa-
tion or the Federal Home Loan Mortgage Corporation determined 
under section 302(b)(2) of the Federal National Mortgage Associa-
tion Charter Act (12 U.S.C. 1717(b)(2)) or section 305(a)(2) of the 
Federal Home Loan Mortgage Corporation Act (12 U.S.C.1754(a)(2)) 
respectively, for any size residence for any area is less than such 
maximum original principal obligation limitation that was in effect 
for such size residence for such area for 2008 pursuant to section 
201 of the Economic Stimulus Act of 2008 (Public Law 110–185; 
122 Stat. 619), notwithstanding any other provision of law or of 
this joint resolution, the limitation on the maximum original prin-
cipal obligation of a mortgage for such Association and Corporation 
for such size residence for such area shall be such maximum limita-
tion in effect for such size residence for such area for 2008. 
‘‘(b) DISCRETIONARY
AUTHORITY
FOR
SUB-AREAS.—Notwith-
standing any other provision of law or of this joint resolution, 
if the Director of the Federal Housing Finance Agency determines, 
for any geographic area that is smaller than an area for which 
limitations on the maximum original principal obligation of a mort-
gage are determined for the Federal National Mortgage Association 
or the Federal Home Loan Mortgage Corporation, that a higher 
such maximum original principal obligation limitation is warranted 
for any particular size or sizes of residences in such sub-area 
by higher median home prices in such sub-area, the Director may, 
for mortgages originated during calendar year 2010, increase the 
maximum original principal obligation limitation for such size or 
sizes of residences for such sub-area that is otherwise in effect 
(including pursuant to subsection (a) of this section) for such 
Association and Corporation, but in no case to an amount that 
exceeds the amount specified in the matter following the comma 
in section 201(a)(l)(B) of the Economic Stimulus Act of 2008. 
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123 STAT. 2974 
PUBLIC LAW 111–88—OCT. 30, 2009 
LEGISLATIVE HISTORY—H.R. 2996: 
HOUSE REPORTS: Nos. 111–180 (Comm. on Appropriations) and 111–316 
(Comm. of Conference). 
SENATE REPORTS: No. 111–38 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 155 (2009): 
June 25, 26, considered and passed House. 
Sept. 17, 21–24, considered and passed Senate, amended. 
Oct. 29, House and Senate agreed to conference report. 
‘‘SEC. 168. Notwithstanding any other provision of this joint 
resolution, for mortgages for which the mortgagee issues credit 
approval for the borrower during calendar year 2010, the second 
sentence of section 255(g) of the National Housing Act (12 U.S.C. 
1715z-20(g)) shall be considered to require that in no case may 
the benefits of insurance under such section 255 exceed 150 percent 
of the maximum dollar amount in effect under the sixth sentence 
of section 305(a)(2) of the Federal Home Loan Mortgage Corporation 
Act (12 U.S.C. 1454(a)(2)). 
‘‘SEC. 169. Notwithstanding any other provision of this joint 
resolution, other than section 106, up to $200,000,000 of the funds 
provided by Public Law 111–8 that are available on October 1, 
2009, in the ‘Tenant-Based Rental Assistance’ account may be avail-
able to adjust allocations for public housing agencies to prevent 
termination of assistance to families.’’. 
Approved October 30, 2009. 
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