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Week Ending June 26, 2009
H.R.2996
Making appropriations for the Department of the Interior, environment,
and related agencies for the fiscal year ending September 30, 2010, and
for other purposes.
The
Department of Interior is charged with the general mission of managing US
land within and without the country's borders.
Spending in
this bill also pays for EPA, the Bureau of Indian Affairs, the National
Forest Service and a host of art and cultural agencies such as the
Smithsonian, the Kennedy Center for the Performing Arts, the Holocaust
Museum and others.
Sponsor:
Rep. Norman Dicks (WA-6th)
Vote:
On passage Passed by the Yeas and Nays: 254 - 173 (Roll no. 475).
Passed Senate with an amendment by Yea-Nay Vote. 77 - 21.
RV 298. Conference Report agreed to in the
House 247 - 178 (Roll no. 826). Conference Report Agreed to in the Senate
by a vote of 72-28.
Cost to
the taxpayers:
Earmark
Certification:
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MORE INFORMATION
AMENDMENTS - HOUSE
AMENDMENTS-SENATE
TITLE I--DEPARTMENT OF THE INTERIOR--
TITLE II--ENVIRONMENTAL PROTECTION AGENCY
TITLE III--RELATED AGENCIES--
TITLE IV--GENERAL PROVISIONS
Bureau of Land Management;
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United States Fish and Wildlife Service
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National Park Service
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United States Geological
Survey
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Minerals Management Service
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Office of Surface Mining
Reclamation and Enforcement
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Bureau of Indian Affairs
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Departmental Offices
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Insular Affairs
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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 Consolidated Farm and Rural Development Act for construction and
repair projects in Guam, and such funds shall remain available until
expended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such
loans or loan 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.
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 operations, fire
science and research, emergency rehabilitation, hazardous fuels reduction,
and rural fire assistance by the Department of the Interior, $932,780,000,
to remain available until expended, of which not to exceed $6,137,000
shall be for the renovation or construction of fire facilities:
Provided, That such funds are also available for repayment of
advances to other appropriation accounts from which funds were previously
transferred for such purposes: Provided further, That persons
hired pursuant to 43 U.S.C. 1469 may be furnished subsistence and lodging
without cost from funds available from this appropriation: Provided
further, That notwithstanding 42 U.S.C. 1856d, sums received by a
bureau or office of the Department of the Interior for fire protection
rendered pursuant 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 agreements, for hazardous
fuels reduction activities, and for training and monitoring associated
with such hazardous fuels reduction activities, on Federal land, or on
adjacent non-Federal land for activities that benefit resources on Federal
land: Provided further, That the costs of implementing any
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 Contracting Act, the Secretary, for purposes of hazardous
fuels reduction activities, may obtain maximum practicable competition
among: (1) local private, nonprofit, or cooperative entities; (2) Youth
Conservation 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: Provided 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: Provided 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 management 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
Secretary of Agriculture may authorize the transfer of funds appropriated
for wildland fire management, in an aggregate amount not to exceed
$50,000,000, between the Departments when such transfers would facilitate
and expedite jointly funded wildland fire management programs and
projects.
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Wildland Fire Suppression
Contingency Reserve Fund
(including transfer of funds)
For necessary expenses for transfer to `Wildland Fire Management' for fire
suppression operations of the Department of the Interior, $75,000,000, to
remain available until expended: Provided, That amounts in this paragraph
may be transferred and expended only if all funds appropriated for fire
suppression operations under the heading `Wildland Fire Management' shall
be fully obligated within 30 days: Provided further, That amounts are
available only to the extent the President has issued a finding that the
amounts are necessary for emergency fire suppression operations.
central hazardous materials fund
For necessary expenses of the Department of the Interior and any of its
component offices and bureaus for response action, including associated
activities, performed pursuant to the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, 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 the heading `Central
Hazardous Materials Fund' 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 restoration activities
by the Department of the Interior necessary to carry out the provisions of
the Comprehensive Environmental Response, Compensation, and Liability Act,
as amended (42 U.S.C. 9601 et seq.), the Federal Water Pollution Control
Act, as amended (33 U.S.C. 1251 et seq.), the Oil Pollution Act of 1990
(33 U.S.C. 2701 et seq.), and Public Law 101-337, as amended (16 U.S.C.
19jj et seq.), $6,462,000, 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 facilities, 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, educational, or recreational activities (as defined in 40 U.S.C.
3306(a)) at the prevailing rate for similar space, facilities, equipment,
or services in the vicinity of the 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 provisions
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.
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General Provisions, Department of the
Interior
(including transfers of funds)
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the approval
of the Secretary, for the emergency reconstruction, replacement, or repair
of aircraft, buildings, utilities, or other facilities 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 available 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.
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 Department of the Interior; for the emergency
rehabilitation of burned-over lands under its jurisdiction; for emergency
actions related to potential or actual earthquakes, floods, volcanoes,
storms, or other unavoidable causes; for contingency planning subsequent
to actual oil spills; for response and natural resource damage assessment
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 Reclamation and Enforcement, such funds as may be necessary to
permit assumption of regulatory authority in the event a primacy State is
not carrying out the regulatory provisions of the Surface Mining Act:
Provided, That appropriations made in this title for wildland fire
operations and 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
`Wildland Fire Suppression Contingency 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.
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, maintenance, and operation of aircraft;
hire of passenger motor vehicles; purchase of reprints; payment for
telephone service in private residences in the field, when authorized
under regulations approved by the Secretary; and the payment of dues, when
authorized by the Secretary, for library membership in societies or
associations which issue publications to members only or at a price to
members lower than to subscribers who are not members.
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 appropriations Acts made under the
same headings shall be available for expenditure or transfer for Indian
trust management and reform activities. Total funding for historical
accounting activities shall not exceed amounts specifically designated in
this Act for such purpose.
Sec. 105. Notwithstanding any other provision of law, the Secretary of the
Interior is authorized to redistribute any Tribal Priority Allocation
funds, including tribal base funds, to alleviate tribal funding inequities
by transferring funds to address identified, unmet needs, dual enrollment,
overlapping service areas or inaccurate distribution methodologies. No
federally recognized tribe shall receive a reduction in Tribal Priority
Allocation funds of more than 10 percent in fiscal year 2010. Under
circumstances of dual enrollment, overlapping service areas or inaccurate
distribution methodologies, the 10 percent limitation does not apply.
Sec. 106. Notwithstanding any other provision of law, in conveying the
Twin Cities Research Center under the authority provided by Public Law
104-134, as amended by Public Law 104-208, the Secretary may accept and
retain land and other forms of reimbursement: Provided, That the Secretary
may retain and use any such reimbursement until expended and without
further appropriation: (1) for the benefit of the National Wildlife Refuge
System within the State of Minnesota; and (2) for all activities
authorized by 16 U.S.C. 460zz.
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 payments under this section that would result in payment of
hourly fees in excess of the highest hourly rate approved by the District
Court for the District of Columbia for counsel in Cobell v. Salazar.
Sec. 108. The United States Fish and Wildlife Service shall, in carrying
out its responsibilities to protect threatened and endangered 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.
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 facilities in the support of transportation and
accommodation of visitors to Ellis, Governors, and Liberty Islands, and of
other program and administrative activities, by donation or with
appropriated funds, including franchise fees (and other monetary
consideration), or by exchange; and the Secretary is authorized to
negotiate and enter into leases, subleases, concession contracts or other
agreements for the use of such facilities on such terms and conditions as
the Secretary may determine reasonable.
Sec. 110. 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'.
Sec. 111. 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 agreements shall not
be subject to a competitive process.
Sec. 112. Funds provided in this Act for Federal land acquisition 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 acquisition funds provided through the Land and Water
Conservation Fund Act of 1965 as amended.
Sec. 113. Notwithstanding any other provision of law, for fiscal year 2010
and each fiscal year thereafter, sections 109 and 110 of the Federal Oil
and Gas Royalty Management Act (30 U.S.C. 1719 and 1720) shall apply to
any lease authorizing exploration 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.
Sec. 114. (a) In fiscal year 2010, the Minerals Management Service (MMS)
shall collect a non-refundable inspection fee, which shall be deposited in
the `Royalty and Offshore Minerals Management' 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 enactment of this
bill, with payment required within 30 days of billing.
Sec. 115. 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'.
Sec. 116. Section 1(c)(2) of Public Law 109-441 is amended by adding after
subparagraph (D) the following new subparagraphs:
`(E) Minidoka, depicted in a map entitled `Minidoka National Historic Site
and Environs - Draft Document', dated May 27, 2009. The Secretary is
authorized to accept a donation of land or interest in land acquired with
funds provided under this section, as an addition to the Minidoka National
Historic Site and administered in accordance with section 313(c)(5) of
Public Law 110-229.
`(F) Heart Mountain, depicted in Figure 6.3 of the Site Document.'.
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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,
$849,649,000, to remain available until September 30, 2011.
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Environmental
Programs and Management
For environmental programs and management, including necessary 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 publications to members only or at a
price to members lower than to subscribers who are not members;
administrative costs of the brownfields program under the Small Business
Liability Relief and Brownfields Revitalization Act of 2002; and not to
exceed $9,000 for official reception and representation expenses,
$3,022,054,000, to remain available until September 30, 2011: Provided,
That of the funds included under this heading, not less than $628,941,000
shall be for the Geographic Programs specified in the explanatory
statement accompanying this Act.
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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, $35,001,000, to remain available until expended.
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 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 revenues to the Hazardous Substance Superfund for purposes as
authorized by section 517(b) of SARA, as amended: Provided, That
funds appropriated under this heading may be allocated to other Federal
agencies in 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' appropriation to remain
available until September 30, 2011, and $26,834,000 shall be paid to the
`Science and Technology' appropriation to remain available until September
30, 2011.
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Leaking
Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground storage 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 Protection Agency's
responsibilities under the Oil Pollution Act of 1990, $18,379,000, to be
derived from the Oil Spill Liability trust fund, to remain available until
expended.
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State and Tribal
Assistance Grants
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $5,215,446,000, to remain available until expended, of
which $2,307,000,000 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 $1,443,000,000
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 $20,000,000 shall be for architectural,
engineering, planning, design, construction and related activities in
connection with the construction of high priority water and wastewater
facilities in the area of the United States-Mexico border, after
consultation with the appropriate border commission; $10,000,000 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; and (2) no more than 5 percent of the funds
may be used for administrative and overhead expenses; $160,000,000 shall
be for making special project grants for the construction of drinking
water, wastewater and storm water infrastructure and for water quality
protection in accordance with the terms and conditions specified for such
grants in the explanatory statement accompanying this Act, and, for
purposes of these grants, each grantee shall contribute not less than 45
percent of the cost of the project unless the grantee is approved for a
waiver by the Agency; $100,000,000 shall be to carry out section 104(k) of
the Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (CERCLA), as amended, including grants, interagency agreements,
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;
and $1,115,446,000 shall be for grants, including associated program
support costs, to States, federally recognized tribes, interstate
agencies, 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 conditions 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
demonstrate and implement projects which reduce greenhouse gas emissions,
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 notwithstanding section 603(d)(7) of the
Federal Water Pollution Control Act, the limitation on the amounts in a
State water pollution control revolving fund that may be used by a State
to administer the fund shall not apply to amounts included as principal in
loans made by such fund in fiscal year 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 administration: Provided further, That for
fiscal year 2010, and notwithstanding 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 Commonwealth
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 no funds provided by
this appropriations Act to address the water, wastewater and other
critical infrastructure needs of the colonias in the United States along
the United States-Mexico border shall be made available to a county or
municipal government unless that government has established an enforceable
local ordinance, or other zoning rule, which prevents in that jurisdiction
the development or construction of any additional colonia areas, or the
development within an existing colonia the construction of any new home,
business, or other structure which lacks water, wastewater, or other
necessary infrastructure.
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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 consortia, if authorized by their member tribes, to
assist the Administrator in implementing Federal environmental programs
for Indian tribes required or authorized by law, except that no such
cooperative agreements may be awarded from funds designated for State
financial assistance 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 Pesticide 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'.
From unobligated balances to carry out projects and activities funded
through the `State and Tribal Assistance Grants' account, $142,000,000 are
hereby permanently rescinded: Provided, That no amounts may be
cancelled from amounts that were designated by the Congress as an
emergency requirement pursuant to the Concurrent Resolution on the Budget
or the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
The Administrator is authorized to transfer up to $475,000,000 from the
`Environmental Programs and Management' account to the head of any other
Federal department or agency (including but not limited to the Departments
of Agriculture, Army, Commerce, Health and Human Services, Homeland
Security, the Interior, State, and Transportation), with the concurrence
of such head, to carry out activities that would support the Great Lakes
Restoration Initiative and Great Lakes Water Quality Agreement programs,
projects, or activities; to enter into an interagency agreement with the
head of such Federal department or agency to carry out these 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.
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
recipients 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.
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
efficiency, or energy efficiency improvements.
For fiscal year 2010 and each fiscal year thereafter, 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 and each fiscal year thereafter, the requirements of
section 1450(e) of the Safe Drinking Water Act (42 U.S.C. 300j-9(e)) shall
apply to any 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).
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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, $308,612,000, to remain available until expended: Provided, That of
the funds provided, $61,939,000 is for the forest inventory and analysis
program.
State and Private Forestry
For necessary expenses of cooperating with and providing technical 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, $307,486,000, to remain available until expended,
as authorized by law; and of which $76,215,000 is to be derived from the
Land and Water Conservation Fund.
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national forest system
(including transfers of funds)
For necessary expenses of the Forest Service, not otherwise provided for,
for management, protection, improvement, and utilization of the National
Forest System, $1,564,801,000, to remain available until expended, which
shall include 50 percent of all moneys received during prior fiscal years
as fees collected under the Land and Water Conservation Fund Act of 1965,
as amended, in accordance with section 4 of the Act (16 U.S.C.
460l-6a(i)): Provided, That, 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, preparation, 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: Provided further, That up to $10,000,000 may be transferred to and
made a part of other Forest Service accounts if the transfer enhances the
efficiency or effectiveness of Federal activities.
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise provided for,
$560,637,000, to remain available until expended, for construction,
capital improvement, maintenance and acquisition of buildings and other
facilities and infrastructure; and for construction, 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 $100,000,000 shall be designated for urgently needed road
decommissioning, road and trail repair and maintenance and associated
activities, and removal of fish passage barriers, especially in areas
where Forest Service roads may be contributing to water quality problems
in streams and water bodies which support threatened, endangered or
sensitive species or community water sources: Provided 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 public comment should be
provided before system roads are decommissioned: Provided further, 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: Provided further, That up to
$10,000,000 may be transferred to and made a part of other Forest Service
accounts if the transfer enhances the efficiency or effectiveness of
Federal activities.
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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, $36,782,000, 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.
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. 4601-516-617a, 555a; Public
Law 96-586; Public Law 76-589, 76-591; and 78-310).
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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 established 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.
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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,
$2,370,288,000, 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 purposes: Provided further, That such funds shall be
available to reimburse State and other cooperating entities for services
provided in response to wildfire and other emergencies or disasters to the
extent such reimbursements by the Forest Service for non-fire emergencies
are fully repaid by the responsible emergency management agency: Provided
further, That, 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 the use of funds, including the use of contracts,
grants, and cooperative 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
provided shall be available for emergency rehabilitation and restoration,
hazardous fuels reduction activities in the urban-wildland interface,
support to Federal emergency response, and wildfire suppression activities
of the Forest Service: Provided further, That of the funds provided,
$378,086,000 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.), $80,000,000 is for State fire assistance, $10,000,000 is for
volunteer fire assistance, $24,252,000 is for forest health activities on
Federal lands and $12,928,000 is for forest health activities on State and
private lands: Provided further, That amounts in this paragraph may be
transferred to the `State and Private Forestry', `National Forest System',
and `Forest and Rangeland Research' accounts to fund State fire
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
$25,000,000 of the funds provided under this heading may be transferred to
and made a part of other Forest Service accounts if the transfer enhances
the efficiency or effectiveness of Federal activities: 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 of the funds
provided herein, the Secretary of Agriculture may enter into procurement
contracts or cooperative agreements, or issue grants, 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 Secretary of the Interior and the Secretary of
Agriculture may authorize the transfer of funds appropriated for wildland
fire management, in an aggregate amount not to exceed $50,000,000, between
the Departments when such transfers would facilitate and expedite 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 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.
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Wildland Fire Suppression Contingency Reserve Fund
(including transfer of funds)
For necessary expenses for transfer to `Wildland Fire Management' for
emergency fire suppression on National Forest System lands or adjacent
lands or other lands under fire protection agreement, $282,000,000, to
remain available until expended: Provided, That amounts in this paragraph
may be transferred and expended only if all funds appropriated for fire
suppression under the heading `Wildland Fire Management' shall be fully
obligated within 30 days: Provided further, That amounts are available
only to the extent the President has issued a finding that the amounts are
necessary for emergency fire suppression.
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administrative provisions, forest service
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 replacement aircraft; (2) services pursuant to 7 U.S.C. 2225, and
not to exceed $100,000 for employment under 5 U.S.C. 3109; (3) purchase,
erection, and 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 pursuant to the Volunteers in
the National Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6)
the cost of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt
collection contracts in accordance with 31 U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service may be
transferred to the Wildland Fire Management appropriation for forest
firefighting, emergency rehabilitation of burned-over or damaged lands or
waters under its jurisdiction, and fire preparedness 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 `Wildland Fire
Suppression Contingency 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 Development in connection with
forest and rangeland research, technical information, and assistance in
foreign countries, and shall be available to support forestry and related
natural resource activities outside the United States and its territories
and possessions, including technical assistance, education and training,
and cooperation with United States and international organizations.
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)).
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 Department of Agriculture for
Department Reimbursable Programs, commonly 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 Department 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 representation
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 Foundation
may transfer Federal funds to a Federal or non-Federal recipient for a
project at the same rate that the recipient has obtained the non-Federal
matching funds.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical 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 matters. 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 `Administrative 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'.
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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 agreements, 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: Provided further, That
$16,251,000 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
$779,347,000 for contract medical care, including $48,000,000 for the
Indian Catastrophic Health Emergency Fund, shall remain available until
expended: Provided further, That no less than $43,139,000 is provided for
maintaining operations of the urban Indian health program: 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 one-year contracts and grants which
are to be performed in two fiscal years, so long as the total obligation
is recorded in the year for which the funds are appropriated: Provided
further, That the amounts collected by the Secretary of Health and Human
Services under the authority of title IV of the Indian Health Care
Improvement Act shall remain available until expended for the purpose of
achieving compliance with the applicable conditions and requirements of
titles XVIII and XIX of the Social Security Act (exclusive of planning,
design, or construction of new facilities): Provided further, That funding
contained herein, and in any earlier appropriations Acts for scholarship
programs under the Indian Health Care Improvement Act (25 U.S.C. 1613)
shall remain available until expended: Provided further, That amounts
received by tribes and tribal organizations under title IV of the Indian
Health Care Improvement Act shall be reported and accounted for and
available to the receiving tribes and tribal organizations until expended:
Provided further, That, notwithstanding any other provision of law, of the
amounts provided herein, not to exceed $398,490,000 shall be for payments
to tribes and tribal organizations 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 compacts,
or annual funding agreements: Provided further, That the Bureau of Indian
Affairs may collect from the Indian Health Service, tribes and tribal
organizations operating health facilities pursuant to Public Law 93-638,
such individually identifiable health information relating to disabled
children as may be necessary for the purpose of carrying out its functions
under the Individuals with Disabilities Education Act (20 U.S.C. 1400, et
seq.): Provided further, That the Indian Health Care Improvement Fund may
be used, as needed, to carry out activities typically funded under the
Indian Health Facilities account.
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indian health facilities
For construction, repair, maintenance, improvement, and equipment 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 community 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 environmental 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 appropriated for the
planning, design, construction or renovation of health facilities for the
benefit of a federally recognized Indian tribe or tribes may be used to
purchase land for sites to construct, improve, or enlarge health or
related facilities: Provided further, That not to exceed $500,000 shall be
used by the Indian Health Service to purchase TRANSAM equipment from the
Department of Defense for distribution to the Indian Health Service and
tribal facilities: Provided further, That none of the funds appropriated
to the Indian Health Service may be used for sanitation facilities
construction for new homes funded with grants by the housing programs of
the United States Department of Housing and Urban Development: Provided
further, That not to exceed $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,
available until expended, to be used by the Indian Health Service for
demolition of Federal buildings.
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administrative provisions, indian health service
Appropriations in this Act to the Indian Health Service shall be available
for services as authorized by 5 U.S.C. 3109 but at rates not to exceed the
per diem rate equivalent to the maximum rate payable for senior-level
positions under 5 U.S.C. 5376; hire of passenger motor vehicles and
aircraft; purchase of medical equipment; 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 authorized under regulations approved by the Secretary; and
for 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 for which the appropriation is made or otherwise contribute to
the improved conduct, supervision, or management of those functions or
activities.
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
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 purposes, 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 payment in advance with subsequent 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 that provided the
funding, 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.
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National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of Environmental Health
Sciences in carrying out activities set forth in section 311(a) of the
Comprehensive Environmental Response, Compensation, and Liability Act of
1980, as amended, and section 126(g) 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 activities, 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 Administrator 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.
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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 Reorganization 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.
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Chemical Safety and Hazard Investigation Board
salaries and expenses
(including transfer of funds)
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. 3109 but at rates for
individuals not to exceed the per diem equivalent to the maximum rate
payable for senior level positions under 5 U.S.C. 5376, $10,547,000:
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 further, That notwithstanding any other provision of law, the
Inspector General of the Board shall utilize personnel of the Office of
Inspector General of EPA in performing the duties of the Inspector General
of the Board, and shall not appoint any individuals to positions within
the Board: Provided further, That of the funds appropriated under this
heading, $150,000 shall be paid to the `Office of Inspector General'
appropriation of the Environmental Protection Agency.
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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.
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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 performances; collection, preparation,
dissemination, and exchange of information and publications; conduct of
education, training, and museum assistance programs; maintenance,
alteration, operation, lease (for terms not to exceed 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, $634,161,000, 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 reinstallation, the National
Museum of African American History and Culture, and the repatriation of
skeletal remains program shall remain available until expended; and of
which $1,553,000 is for fellowships and scholarly awards; 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 participating 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,
$140,000,000, to remain available until expended, of which not to exceed
$10,000 is for services as authorized by 5 U.S.C. 3109.
administrative provision, smithsonian institution
Notwithstanding any provision of the Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2008 (Public Law
110--161; 121 Stat. 2140), the funds provided for `Smithsonian
Institution, Legacy Fund' under such Act may be transferred to and made a
part of the appropriation for `Smithsonian Institution, Facilities
Capital' in this Act and utilized by the Smithsonian Institution under the
same terms and conditions that apply to other funds contained in such
appropriation.
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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 administrative
expenses incident thereto, as authorized by the Act of March 24, 1937 (50
Stat. 51), as amended by the public resolution of April 13, 1939 (Public
Resolution 9, Seventy-sixth Congress), including services as authorized by
5 U.S.C. 3109; payment in advance when authorized by the treasurer of the
Gallery for membership in library, museum, and art associations or
societies whose publications or services are available to members only, or
to members at a price lower than to the general public; purchase, repair,
and cleaning of uniforms for guards, and uniforms, or allowances therefor,
for other employees as authorized by law (5 U.S.C. 5901-5902); purchase or
rental of devices and services for protecting buildings and contents
thereof, and maintenance, 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 to repair the National Gallery's East Building facade: Provided
further, That contracts awarded for environmental systems, protection
systems, and exterior repair or renovation of buildings of the National
Gallery of Art may be negotiated with selected contractors and awarded on
the basis of 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, $25,000,000: Provided,
That of the funds included under this heading, $2,500,000 is available
until expended to implement a program 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, $170,000,000 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 functions of the Act, to remain available until
expended: Provided, That funds appropriated herein shall be expended in
accordance with sections 309 and 311 of Public Law 108-447.
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, $170,000,000, to remain
available until expended, of which $155,700,000 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 provision
None of the funds appropriated to the National Foundation on the Arts and
the Humanities may be used to process any grant or contract documents
which do not include the text of 18 U.S.C. 1913: Provided, That none of
the funds appropriated to the National Foundation on the Arts and the
Humanities may be used for official 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 delegation of authority from the
National Council on the Arts to the Chairperson.
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Commission of Fine Arts
salaries and expenses
For expenses made necessary by the Act establishing a Commission 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 without 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 national capital or the history and activities
of the Commission of Fine Arts, and may be used only for 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, $10,000,000.
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: Provided, That none of these
funds shall be available for compensation of level V of the Executive
Schedule or higher positions.
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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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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), $48,551,000, of which $515,000 for the
Museum's equipment replacement program, $1,900,000 for the museum's repair
and rehabilitation program, and $1,243,000 for the museum's exhibition
design and production program shall remain available until expended.
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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, $2,000,000 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, $10,000,000, to remain available until
expended.
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TITLE IV--GENERAL PROVISIONS
(including transfers of funds)
Sec. 401. The expenditure of
any appropriation under this Act for any consulting service through
procurement contract, pursuant 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.
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.
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.
Sec. 404. None of the funds
provided in this Act to any department 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.
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 operations 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.
Sec. 406. 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.
Sec. 407. (a) Limitation of
Funds- None of the funds appropriated 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 Secretary 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.
(c) Report- On September 30,
2010, the Secretary of the Interior shall file with the House and Senate
Committees on Appropriations and the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and Natural Resources
of the Senate a report on actions taken by the Department under the plan
submitted 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 examination
of the mining claims or mill sites contained in a patent application 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.
Sec. 408. 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 agreements 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, federally recognized tribes, and tribal
organizations of federally recognized tribes may use their tribal priority
allocations for unmet contract support costs of ongoing contracts, grants,
self-governance compacts, or annual funding agreements.
Sec. 409. 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 without 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.
Sec. 410. 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.
Sec. 411. 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 Agriculture 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 foreign 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 suppression 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 associated with the firefighter shall be subject to any legal
action, consistent with the applicable laws governing sovereign immunity,
pertaining to or arising out of the firefighter's role in fire suppression
or presuppression, except that if the foreign fire organization is unable
to provide such protection 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.
Sec. 412. In awarding a
Federal contract with funds made available by this Act, notwithstanding
Federal Government procurement 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 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 monitoring 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 section.
Sec. 413. Unless otherwise
provided herein, no funds appropriated 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.
Sec. 414. 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.
Sec. 415. 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:
(a) in the first sentence of
subsection (b)(1)(C), by striking `14' and inserting in lieu thereof `18';
and
(b) in the second sentence
of subsection (d)(1), by striking `Eight' and inserting in lieu thereof
`Ten'.
Sec. 416. 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'.
Sec. 417. Section 339(h) of
the Department of the Interior and Related Agencies Appropriations Act,
2000, as amended, concerning 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'.
Sec. 418. The second
sentence of section 2 (a)(1) of the Mineral Leasing Act (30 U.S.C.
201(a)(1); relating to coal bonus bids) does not apply for fiscal year
2010.
Sec. 419. 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
sections 224(b) and section 234 of the Energy Policy Act of 2005 (42
U.S.C. 17673).
Sec. 420. 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
cooperative forestry agreements known as the Colorado Good Neighbor Act
Authority is amended by striking `September 30, 2009' and inserting
`September 30, 2013'.
Sec. 421. None of the funds
in this or any other Act shall be used to deposit funds from any Federal
royalties, rents, and bonuses derived from Federal onshore and offshore
oil and gas leases issued under the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.) and the Mineral Leasing Act (30 U.S.C. 181 et seq.)
into the Ultra-Deepwater and Unconventional Natural Gas and Other
Petroleum Research Fund.
Sec. 422. Section 302(a) of
the Secure Rural Schools and Community Self-Determination Act of 2000 (16
U.S.C. 7142(a)) is amended--
(1) in paragraph (2)(B), by
striking `; and' and inserting a semicolon;
(2) in paragraph (3), by
striking the period and inserting `; and'; and
(3) by inserting after
paragraph (3), the following: `(4) to reimburse all or part of the costs
incurred by the county to pay the salaries and benefits of county
employees who supervise adults or juveniles performing mandatory community
service on Federal lands.'.
Sec. 423. Within the amounts
appropriated in this Act, funding shall be allocated in the amounts
specified for those projects and purposes delineated in the table titled
`Congressionally Directed Spending' included in the explanatory statement
accompanying this Act. The preceding sentence shall apply in addition to
the allocation requirements specified in this Act under the heading
`National Park Service-Historic Preservation Fund' for Save America's
Treasures and under the heading `Environmental Protection Agency-State and
Tribal Assistance Grants' for special project grants for the construction
of drinking water, wastewater and storm infrastructure and for water
quality protection.
Sec. 424. 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
Committee on Appropriations of the Senate describing in detail all Federal
agency obligations and expenditures, domestic and international, for
climate change programs and activities in fiscal year 2008, 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.
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 rule that requires mandatory
reporting of greenhouse gas emissions from manure management systems.
Sec. 426. (a) None of the
funds made available in this or any prior Act may be used to release an
individual who is detained, as of April 30, 2009, at Naval Station,
Guantanamo Bay, Cuba, 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 prior Act may be used to transfer an
individual who is detained, as of April 30, 2009, at Naval Station,
Guantanamo Bay, Cuba, 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), for the purposes of detaining or prosecuting such
individual, until 2 months after the plan described in subsection (c) is
received.
(c) The President shall
submit to the Congress, in writing, a comprehensive plan regarding the
proposed disposition of each individual who is detained, as of April 30,
2009, at Naval Station, Guantanamo Bay, Cuba, who is not covered under
subsection (d). Such plan shall include, at a minimum, each of the
following for each such individual:
(1) The findings of an
analysis regarding any risk to the national security of the United States
that is posed by the transfer of the individual.
(2) The costs associated
with not transferring the individual in question.
(3) The legal rationale and
associated court demands for transfer.
(4) A certification by the
President that any risk described in paragraph (1) has been mitigated,
together with a full description of the plan for such mitigation.
(5) A certification by the
President that the President has submitted to the Governor and legislature
of the State or territory (or, in the case of the District of Columbia, to
the Mayor of the District of Columbia) to which the President intends to
transfer the individual a certification in writing at least 30 days prior
to such transfer (together with supporting documentation and
justification) that the individual does not pose a security risk to the
United States.
(d) None of the funds made
available in this or any prior Act may be used to transfer or release an
individual detained at Naval Station, Guantanamo Bay, Cuba, as of April
30, 2009, to a freely associated State, unless the President submits to
the Congress, in writing, at least 30 days prior to such transfer or
release, the following information:
(1) The name of any
individual to be transferred or released and 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 or 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 freely associated State for the acceptance of such
individual, including the amount of any financial assistance related to
such agreement.
(e) 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.
Sec. 427. Notwithstanding
any other provision of law, none of the funds made available in this 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 for
carbon dioxide, nitrous oxide, water vapor, or methane emissions resulting
from biological processes associated with livestock production.
This Act may be cited as the
`Department of the Interior, Environment, and Related Agencies
Appropriations Act, 2010'.
To Title IV
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AMENDMENTS-SENATE
AMENDMENTS-HOUSE
SUMMARY OF
AMENDMENTS IN PART B TO BE MADE IN ORDER
1. Chaffetz (UT): Would provide
that no recreation grants made using funds from the Land and Water
Conservation Fund may be used to acquire land or make improvements in
State or local parks. The House adopted the amendments en gross as
agreed to by the Committee of the Whole House on the state of the Union.
2. Garrett (NJ): Would increase
funding for land conservation partnerships authorized by the Highlands
Conservation Act by $2,000,000 and reduce funding for construction,
repair, improvement, extension, alteration, and purchase of fixed
equipment or facilities of, or for use by, the Environmental Protection
Agency by $2,000,000. The House adopted the amendments en gross as
agreed to by the Committee of the Whole House on the state of the Union.
3. Heller (NV): Would prohibit
funds made available by this Act from being spent to build an interagency
facility in one specific location in Carson City, Nevada. On agreeing
to the Heller amendment Failed by recorded vote: 202 - 225 (Roll no. 467).
4. Jordan (OH): Would reduce
overall spending in the bill by $5.75 billion to reflect FY2008 spending
levels. On agreeing to the Jordan (OH) amendment Failed by recorded
vote: 169 - 259 (Roll no. 468).
5. Smith, Lamar (TX): Would
allocate $25 million for the Forest Service's Law Enforcement and
Investigations drug enforcement efforts, including removal of marijuana
sites and clandestine methamphetamine labs from the National Forest System
and interdiction of drug traffickers on NFS lands that share a common
border with Canada and Mexico. The House adopted the amendments en
gross as agreed to by the Committee of the Whole House on the state of the
Union.
6. Stearns (FL): Would decrease
the funding included in the Interior and Environment Appropriations Act
for the Environmental Protection Agency by 38% to reduce spending to 2009
levels. On agreeing to the Stearns amendment Failed by recorded vote:
170 - 261 (Roll no. 469).
7. Walden (OR): Would increase
funding by $2.5 million for forest health and community wildfire
protection activities executed under the Healthy Forest Restoration Act
authority (P.L. 107-148), offset by a reduction in funding for Bureau of
Land Management's Management of Lands and Resources by $2.5 million.
The House adopted the amendments en gross as agreed to by the Committee of
the Whole House on the state of the Union.
SUMMARY OF
AMENDMENTS IN PART C
1. Flake, Jeff (AZ): Would
strike $1 million in funding for the `Restore Good Fellow Lodge, Indiana
Dunes National Lakeshore' and reduce the overall cost of the bill by a
commensurate amount. Failed 123 to 305
RC 470
2. Flake, Jeff (AZ): Would
strike $1 million in funding for the `Mass Marketing of Hatchery of Fish'
and reduce the overall cost of the bill by a commensurate amount.
3. Flake, Jeff (AZ): Would
strike $150,000 for the `Tarrytown Music Hall Restoration' and reduce the
overall cost of the bill by a commensurate amount.
4. Flake, Jeff (AZ): Would
strike $150,000 in funding for the `Historic Fort Payne Coal and Iron
Building Rehabilitation' and reduce the overall cost of the bill by a
commensurate amount. Failed 114 to 317
RC 474
5. Flake, Jeff (AZ): Would
strike $200,000 for the `Blount Mansion Historic Restoration' and reduce
the overall cost of the bill by a commensurate amount.
6. Flake, Jeff (AZ): Would
strike $100,000 in funding for the `Swayne Hall Historic Restoration and
Renovation' and reduce the overall cost of the bill by a commensurate
amount.
7. Flake, Jeff (AZ): Would
strike $150,000 in funding for the `Sterling Opera House Renovation' and
reduce the overall cost of the bill by a commensurate amount.
8. Flake, Jeff (AZ): Would
strike $150,000 in funding for the `Restoration of Historic Coe Mansion'
and reduce the overall cost of the bill by a commensurate amount.
9. Flake, Jeff (AZ): Would
strike $1 million in funding for the `Consortium for Plant Biotechnology
Research' and reduce the overall cost of the bill by a commensurate
amount.
10. Flake, Jeff (AZ): Would
strike $2 million in funding for the `Ice Age National Scenic Trail' and
reduce the overall cost of the bill by a commensurate amount.
SUMMARY OF AMENDMENTS IN PART D
1. Campbell (CA): Would strike the $1 million earmark for the Angel Island
Immigration Station Foundation in San Francisco, CA. On agreeing to the
Campbell amendment Failed by recorded vote: 123 - 305 (Roll no. 470).
2. Campbell (CA): Would strike the $150,000 earmark for The Friends of
Mozartina Musical Arts Conservatory in Tarrytown, NY. On agreeing to
the Campbell amendment Failed by recorded vote: 122 - 309 (Roll no. 471).
3. Campbell (CA): Would strike the $150,000 earmark for Traditional Arts
in Upstate New York in Canton, NY. On agreeing to the Campbell
amendment Failed by recorded vote: 122 - 301 (Roll no. 472).
Amendment offered by Mr. Campbell.
An amendment numbered 1 printed in part C of House Report 111-184 to
strike $1 million in funding for the `Restore Good Fellow Lodge, Indiana
Dunes National Lakeshore' and reduce the overall cost of the bill by a
commensurate amount. On agreeing to the Campbell amendment Failed by
recorded vote: 131 - 296 (Roll no. 473).
SUMMARY OF AMENDMENTS IN PART E
1. Hensarling (TX): Would strike the earmark for the Angel Island State
Park Immigration Station Hospital Rehabilitation project.
2. Hensarling (TX): Would strike the earmark for the Sterling Opera House
Renovation project.
3. Hensarling (TX): Would strike the earmark for the Cottrill's Opera
House restoration project.
4. Hensarling (TX): Would strike the earmark for the Tarrytown Music Hall
Restoration project.
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AMENDMENTS-SENATE
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