H.R. 2996 — Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010

[111th Congress Public Law 88]
[From the U.S. Government Publishing Office]



[[Page 2903]]

       INTERIOR DEPARTMENT AND FURTHER CONTINUING APPROPRIATIONS, 
                            FISCAL YEAR 2010

[[Page 123 STAT. 2904]]

Public Law 111-88
111th Congress

                                 An Act


 
 Making appropriations for the Department of the Interior, environment, 
and related agencies for the fiscal year ending September 30, 2010, and 
       for other purposes. <<NOTE: Oct. 30, 2009 -  [H.R. 2996]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

                               references

    Section 1. Except as expressly provided otherwise, any reference to 
``this Act'' contained in any division of this Act shall be treated as 
referring only to the provisions of that division.

   DIVISION A-- <<NOTE: Department of the Interior, Environment, and 
Related Agencies Appropriations Act, 2010.>> DEPARTMENT OF THE INTERIOR, 
ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2010

    The following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the Department of the Interior, 
environment, and related agencies for the fiscal year ending September 
30, 2010, and for other purposes, namely:

                   TITLE I--DEPARTMENT OF THE INTERIOR

                        Bureau of Land Management

                    management of lands and resources

                     (including rescission of funds)

    For necessary expenses for protection, use, improvement, 
development, disposal, cadastral surveying, classification, acquisition 
of easements and other interests in lands, and performance of other 
functions, including maintenance of facilities, as authorized by law, in 
the management of lands and their resources under the jurisdiction of 
the Bureau of Land Management, including the general administration of 
the Bureau, and assessment of mineral potential of public lands pursuant 
to Public Law 96-487 (16 U.S.C. 3150(a)), $959,571,000, to remain 
available until expended; of which $3,000,000 shall be available in 
fiscal year 2010 subject to a match by at least an equal amount by the 
National Fish and Wildlife Foundation for cost-shared projects 
supporting conservation of Bureau lands; and such funds shall be 
advanced to the Foundation as a lump sum grant without regard to when 
expenses are incurred.

[[Page 123 STAT. 2905]]

    In addition, $45,500,000 is for the processing of applications for 
permit to drill and related use authorizations, to remain available 
until expended, to be reduced by amounts collected by the Bureau and 
credited to this appropriation that shall be derived from $6,500 per new 
application for permit to drill that the Bureau shall collect upon 
submission of each new application, and in addition, $36,696,000 is for 
Mining Law Administration program operations, including the cost of 
administering the mining claim fee program; to remain available until 
expended, to be reduced by amounts collected by the Bureau and credited 
to this appropriation from mining claim maintenance fees and location 
fees that are hereby authorized for fiscal year 2010 so as to result in 
a final appropriation estimated at not more than $959,571,000, and 
$2,000,000, to remain available until expended, from communication site 
rental fees established by the Bureau for the cost of administering 
communication site activities: Provided, That notwithstanding section 
430 of division E of Public Law 111-8, the amount of $1,000,000 made 
available to the Bureau of Land Management for the shipment and storage 
of oil shale core samples in the State of Colorado, as described in the 
table entitled ``Congressionally Designated Spending'' contained in the 
joint explanatory statement, is rescinded.

                              construction

    For construction of buildings, recreation facilities, roads, trails, 
and appurtenant facilities, $8,626,000, to remain available until 
expended.

                            land acquisition

    For expenses necessary to carry out sections 205, 206, and 318(d) of 
Public Law 94-579, including administrative expenses and acquisition of 
lands or waters, or interests therein, $29,650,000, to be derived from 
the Land and Water Conservation Fund and to remain available until 
expended: <<NOTE: Idaho.>> Provided, That, notwithstanding the joint 
explanatory statement of the Committee on Appropriations of the House of 
Representatives accompanying Public Law 111-8 (123 Stat. 524), the 
amount of $2,000,000 made available for the Henry's Lake ACEC in the 
State of Idaho (as described in the table entitled ``Congressionally 
Designated Spending'' contained in section 430 of that joint explanatory 
statement) shall be made available for the Upper Snake/South Fork River 
ACEC/SRMA in the State of Idaho.

                    oregon and california grant lands

    For expenses necessary for management, protection, and development 
of resources and for construction, operation, and maintenance of access 
roads, reforestation, and other improvements on the revested Oregon and 
California Railroad grant lands, on other Federal lands in the Oregon 
and California land-grant counties of Oregon, and on adjacent rights-of-
way; and acquisition of lands or interests therein, including existing 
connecting roads on or adjacent to such grant lands; $111,557,000, to 
remain available until expended: Provided, That 25 percent of the 
aggregate of all receipts during the current fiscal year from the 
revested Oregon and California Railroad grant lands is hereby made a 
charge against

[[Page 123 STAT. 2906]]

the Oregon and California land-grant fund and shall be transferred to 
the General Fund in the Treasury in accordance with the second paragraph 
of subsection (b) of title II of the Act of August 28, 1937 (50 Stat. 
876).

                forest ecosystem health and recovery fund

                    (revolving fund, special account)

    In addition to the purposes authorized in Public Law 102-381, funds 
made available in the Forest Ecosystem Health and Recovery Fund can be 
used through fiscal year 2015 for the purpose of planning, preparing, 
implementing and monitoring salvage timber sales and forest ecosystem 
health and recovery activities, such as release from competing 
vegetation and density control treatments. The Federal share of receipts 
(defined as the portion of salvage timber receipts not paid to the 
counties under 43 U.S.C. 1181f and 43 U.S.C. 1181f-1 et seq., and Public 
Law 106-393) derived from treatments funded by this account shall be 
deposited through fiscal year 2015 into the Forest Ecosystem Health and 
Recovery Fund.

                           range improvements

    For rehabilitation, protection, and acquisition of lands and 
interests therein, and improvement of Federal rangelands pursuant to 
section 401 of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701), notwithstanding any other Act, sums equal to 50 percent of 
all moneys received during the prior fiscal year under sections 3 and 15 
of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount 
designated for range improvements from grazing fees and mineral leasing 
receipts from Bankhead-Jones lands transferred to the Department of the 
Interior pursuant to law, but not less than $10,000,000, to remain 
available until expended: Provided, That not to exceed $600,000 shall be 
available for administrative expenses.

               service charges, deposits, and forfeitures

    For administrative expenses and other costs related to processing 
application documents and other authorizations for use and disposal of 
public lands and resources, for costs of providing copies of official 
public land documents, for monitoring construction, operation, and 
termination of facilities in conjunction with use authorizations, and 
for rehabilitation of damaged property, such amounts as may be collected 
under Public Law 94-579, as amended, and Public Law 93-153, to remain 
available until expended: Provided, <<NOTE: 43 USC 1735 note.>> That, 
notwithstanding any provision to the contrary of section 305(a) of 
Public Law 94-579 (43 U.S.C. 1735(a)), any moneys that have been or will 
be received pursuant to that section, whether as a result of forfeiture, 
compromise, or settlement, if not appropriate for refund pursuant to 
section 305(c) of that Act (43 U.S.C. 1735(c)), shall be available and 
may be expended under the authority of this Act by the Secretary to 
improve, protect, or rehabilitate any public lands administered through 
the Bureau of Land Management which have been damaged by the action of a 
resource developer, purchaser, permittee, or any unauthorized person, 
without regard to whether all moneys collected from each

[[Page 123 STAT. 2907]]

such action are used on the exact lands damaged which led to the action: 
Provided further, That any such moneys that are in excess of amounts 
needed to repair damage to the exact land for which funds were collected 
may be used to repair other damaged public lands.

                        miscellaneous trust funds

    In addition to amounts authorized to be expended under existing 
laws, there is hereby appropriated such amounts as may be contributed 
under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and 
such amounts as may be advanced for administrative costs, surveys, 
appraisals, and costs of making conveyances of omitted lands under 
section 211(b) of that Act, to remain available until expended.

                        administrative provisions

    The Bureau of Land Management may carry out the operations funded 
under this Act by direct expenditure, contracts, grants, cooperative 
agreements and reimbursable agreements with public and private entities. 
Projects funded pursuant to a written commitment by a State government 
to provide an identified amount of money in support of the project may 
be carried out by the bureau upon receipt of the written commitment. 
Appropriations for the Bureau of Land Management (BLM) shall be 
available for purchase, erection, and dismantlement of temporary 
structures, and alteration and maintenance of necessary buildings and 
appurtenant facilities to which the United States has title; up to 
$100,000 for payments, at the discretion of the Secretary, for 
information or evidence concerning violations of laws administered by 
the Bureau; miscellaneous and emergency expenses of enforcement 
activities authorized or approved by the Secretary and to be accounted 
for solely on the Secretary's certificate, not to exceed $10,000: 
Provided, That notwithstanding 44 U.S.C. 501, the Bureau may, under 
cooperative cost-sharing and partnership arrangements authorized by law, 
procure printing services from cooperators in connection with jointly 
produced publications for which the cooperators share the cost of 
printing either in cash or in services, and the Bureau determines the 
cooperator is capable of meeting accepted quality standards: Provided 
further, That projects to be funded pursuant to a written commitment by 
a State government to provide an identified amount of money in support 
of the project may be carried out by the Bureau on a reimbursable basis. 
Appropriations herein made shall not be available for the destruction of 
healthy, unadopted, wild horses and burros in the care of the Bureau of 
Land Management or its contractors or for the sale of wild horses and 
burros that results in their destruction for processing into commercial 
products: Provided further, That title I of division E of the Omnibus 
Appropriations Act, 2009, <<NOTE: Ante, p. 704.>> is further amended, 
under the heading ``Department of the Interior--Bureau of Land 
Management--Administrative Provisions'' in the second paragraph: (1) by 
striking the phrase ``mining law administration'' and inserting ``from 
mining claim holders the mining claim maintenance fees and location''; 
and (2) by striking ``those'': Provided further, That section 28f(a) of 
title 30, United States Code, is amended by striking the phrase ``for 
years 2004 through 2008,'' and replacing it with ``, to the extent 
provided in advance in Appropriations Acts,''. Section 28g of title

[[Page 123 STAT. 2908]]

30, United States Code, is amended by striking the phrase ``and before 
September 30, 2008,'' and replacing it with ``, to the extent provided 
in advance in Appropriations Acts,''. Section 28i of title 30, United 
States Code, is amended by striking ``28k'' and replacing it with 
``28l''.

                 United States Fish and Wildlife Service

                           resource management

    For necessary expenses of the United States Fish and Wildlife 
Service, as authorized by law, and for scientific and economic studies, 
general administration, and for the performance of other authorized 
functions related to such resources, $1,269,406,000, to remain available 
until September 30, 2011 except as otherwise provided herein: Provided, 
That $2,500,000 is for high priority projects, which shall be carried 
out by the Youth Conservation Corps: Provided further, That not to 
exceed $22,103,000 shall be used for implementing subsections (a), (b), 
(c), and (e) of section 4 of the Endangered Species Act, as amended, 
(except for processing petitions, developing and issuing proposed and 
final regulations, and taking any other steps to implement actions 
described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of 
which not to exceed $11,632,000 shall be used for any activity regarding 
the designation of critical habitat, pursuant to subsection (a)(3), 
excluding litigation support, for species listed pursuant to subsection 
(a)(1) prior to October 1, 2009: Provided further, That of the amount 
available for law enforcement, up to $400,000, to remain available until 
expended, may at the discretion of the Secretary be used for payment for 
information, rewards, or evidence concerning violations of laws 
administered by the Service, and miscellaneous and emergency expenses of 
enforcement activity, authorized or approved by the Secretary and to be 
accounted for solely on the Secretary's certificate: Provided further, 
That of the amount provided for environmental contaminants, up to 
$1,000,000 may remain available until expended for contaminant sample 
analyses.

                              construction

    For construction, improvement, acquisition, or removal of buildings 
and other facilities required in the conservation, management, 
investigation, protection, and utilization of fishery and wildlife 
resources, and the acquisition of lands and interests therein; 
$37,439,000, to remain available until expended: Provided, That funds 
provided under this heading in Public Law 111-8, division E for Kealia 
Pond National Wildlife Refuge, Nisqually National Wildlife Refuge, 
Patuxent Research Refuge, Tennessee National Wildlife Refuge, and 
Mammoth Springs National Fish Hatchery may be reallocated to acquire 
migratory bird survey aircraft and for construction at Neosho National 
Fish Hatchery.

                            land acquisition

    For expenses necessary to carry out the Land and Water 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 United States Fish and Wildlife Service,

[[Page 123 STAT. 2909]]

$86,340,000, to be derived from the Land and Water Conservation Fund and 
to remain available until expended, of which, notwithstanding 16 U.S.C. 
460l-9, not more than $4,000,000 shall be for land conservation 
partnerships authorized by the Highlands Conservation Act of 2004, 
including not to exceed $120,000 for administrative expenses: Provided, 
That none of the funds appropriated for specific land acquisition 
projects may be used to pay for any administrative overhead, planning or 
other management costs.

            cooperative endangered species conservation fund

    For expenses necessary to carry out section 6 of the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended, $85,000,000, 
to remain available until expended, of which $29,000,000 is to be 
derived from the Cooperative Endangered Species Conservation Fund, of 
which $5,145,706 shall be for the Idaho Salmon and Clearwater River 
Basins Habitat Account pursuant to the Snake River Water Rights Act of 
2004; and of which $56,000,000 is to be derived from the Land and Water 
Conservation Fund.

                      national wildlife refuge fund

    For expenses necessary to implement the Act of October 17, 1978 (16 
U.S.C. 715s), $14,500,000.

                north american wetlands conservation fund

    For expenses necessary to carry out the provisions of the North 
American Wetlands Conservation Act, as amended (16 U.S.C. 4401-4414), 
$47,647,000, to remain available until expended.

                 neotropical migratory bird conservation

    For expenses necessary to carry out the Neotropical Migratory Bird 
Conservation Act, as amended, (16 U.S.C. 6101 et seq.), $5,000,000, to 
remain available until expended.

                 multinational species conservation fund

    For expenses necessary to carry out the African Elephant 
Conservation Act (16 U.S.C. 4201-4203, 4211-4214, 4221-4225, 4241-4246, 
and 1538), the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4261-
4266), the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 
5301-5306), the Great Ape Conservation Act of 2000 (16 U.S.C. 6301-
6305), and the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601-
6606), $11,500,000, to remain available until expended.

                    state and tribal wildlife grants

    For wildlife conservation grants to States and to the District of 
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the 
Northern Mariana Islands, American Samoa, and Indian tribes under the 
provisions of the Fish and Wildlife Act of 1956 and the Fish and 
Wildlife Coordination Act, for the development and implementation of 
programs for the benefit of wildlife and their habitat, including 
species that are not hunted or fished, $90,000,000, to remain available 
until expended: Provided, That

[[Page 123 STAT. 2910]]

of the amount provided herein, $7,000,000 is for a competitive grant 
program for Indian tribes not subject to the remaining provisions of 
this appropriation: Provided further, That $5,000,000 is for a 
competitive grant program for States, territories, and other 
jurisdictions with approved plans, not subject to the remaining 
provisions of this appropriation: Provided further, That the Secretary 
shall, after deducting $12,000,000 and administrative expenses, 
apportion the amount provided herein in the following manner: (1) to the 
District of Columbia and to the Commonwealth of Puerto Rico, each a sum 
equal to not more than one-half of 1 percent thereof; and (2) to Guam, 
American Samoa, the United States Virgin Islands, and the Commonwealth 
of the Northern Mariana Islands, each a sum equal to not more than one-
fourth of 1 percent thereof: Provided further, That the Secretary shall 
apportion the remaining amount in the following manner: (1) one-third of 
which is based on the ratio to which the land area of such State bears 
to the total land area of all such States; and (2) two-thirds of which 
is based on the ratio to which the population of such State bears to the 
total population of all such States: Provided further, That the amounts 
apportioned under this paragraph shall be adjusted equitably so that no 
State shall be apportioned a sum which is less than 1 percent of the 
amount available for apportionment under this paragraph for any fiscal 
year or more than 5 percent of such amount: Provided further, That the 
Federal share of planning grants shall not exceed 75 percent of the 
total costs of such projects and the Federal share of implementation 
grants shall not exceed 65 percent of the total costs of such projects: 
Provided further, That the non-Federal share of such projects may not be 
derived from Federal grant programs: Provided further, That any amount 
apportioned in 2010 to any State, territory, or other jurisdiction that 
remains unobligated as of September 30, 2011, shall be reapportioned, 
together with funds appropriated in 2012, in the manner provided herein.

                        administrative provisions

    The Fish and Wildlife Service may carry out the operations of 
Service programs by direct expenditure, contracts, grants, cooperative 
agreements and reimbursable agreements with public and private entities. 
Appropriations and funds available to the United States Fish and 
Wildlife Service shall be available for repair of damage to public roads 
within and adjacent to reservation areas caused by operations of the 
Service; options for the purchase of land at not to exceed $1 for each 
option; facilities incident to such public recreational uses on 
conservation areas as are consistent with their primary purpose; and the 
maintenance and improvement of aquaria, buildings, and other facilities 
under the jurisdiction of the Service and to which the United States has 
title, and which are used pursuant to law in connection with management, 
and investigation of fish and wildlife resources: Provided, That 
notwithstanding 44 U.S.C. 501, the Service may, under cooperative cost 
sharing and partnership arrangements authorized by law, procure printing 
services from cooperators in connection with jointly produced 
publications for which the cooperators share at least one-half the cost 
of printing either in cash or services and the Service determines the 
cooperator is capable of meeting accepted quality

[[Page 123 STAT. 2911]]

standards: Provided further, That the Service may accept donated 
aircraft as replacements for existing aircraft.

                          National Park Service

                  operation of the national park system

    For expenses necessary for the management, operation, and 
maintenance of areas and facilities administered by the National Park 
Service (including expenses to carry out programs of the United States 
Park Police), and for the general administration of the National Park 
Service, $2,261,559,000, of which $9,982,000 for planning and 
interagency coordination in support of Everglades restoration and 
$98,622,000 for maintenance, repair or rehabilitation projects for 
constructed assets, operation of the National Park Service automated 
facility management software system, and comprehensive facility 
condition assessments shall remain available until September 30, 2011.

                     park partnership project grants

    For expenses necessary to carry out provisions of section 814(g) of 
Public Law 104-333 relating to challenge cost-share agreements, 
$15,000,000, to remain available until expended for Park Partnership 
signature projects and programs: Provided, That not less than 50 percent 
of the total cost of each project or program is derived from non-Federal 
sources in the form of donated cash, assets, or a pledge of donation 
guaranteed by an irrevocable letter of credit: Provided further, That, 
of the amount made available under this heading, $10,000,000 shall be 
derived from the transfer of prior year unobligated balances available 
in the National Park Service recreation enhancement fee program 
established by title VIII, division J, Public Law 108-447.

                  national recreation and preservation

    For expenses necessary to carry out recreation programs, natural 
programs, cultural programs, heritage partnership programs, 
environmental compliance and review, international park affairs, 
statutory or contractual aid for other activities, and grant 
administration, not otherwise provided for, $68,436,000, of which 
$4,600,000 shall be for Preserve America grants as authorized by section 
7302 of the Omnibus Public Land Management Act of 2009 (Public Law 111-
11).

                       historic preservation fund

    For expenses necessary in carrying out the Historic Preservation Act 
of 1966, as amended (16 U.S.C. 470), and the Omnibus Parks and Public 
Lands Management Act of 1996 (Public Law 104-333), $79,500,000, to be 
derived from the Historic Preservation Fund and to remain available 
until September 30, 2011; of which $25,000,000 shall be for Save 
America's Treasures grants as authorized by section 7303 of the Omnibus 
Public Land Management Act of 2009 (Public Law 111-11): Provided, That 
of the funds provided for Save America's Treasures, $10,200,000 shall be 
allocated in the amounts specified for those projects and purposes

[[Page 123 STAT. 2912]]

in accordance with the terms and conditions specified in the joint 
explanatory statement of the managers accompanying this Act.

                              construction

    For construction, improvements, repair or replacement of physical 
facilities, including modifications authorized by section 104 of the 
Everglades National Park Protection and Expansion Act of 1989, 
$232,969,000, to remain available until expended: Provided, That, 
beginning in fiscal year 2010 and thereafter, procurements for the 
removal and restoration of the Elwha and Glines Canyon dams as 
authorized in Public Law 102-495 may be issued which include the full 
scope of the project: Provided further, That the solicitation and 
contract shall contain the clause ``availability of funds'' found at 48 
CFR 52.232.18: Provided further, That funds provided under this heading 
shall be made available without regard to the requirements of section 
8(b) of Public Law 102-543, as amended.

                    land and water conservation fund

                              (rescission)

    The <<NOTE: 10 USC 460l-10a note.>> contract authority provided for 
fiscal year 2010 by 16 U.S.C. 460l-10a is rescinded.

                  land acquisition and state assistance

    For expenses necessary to carry out the Land and Water Conservation 
Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including 
administrative expenses, and for acquisition of lands or waters, or 
interest therein, in accordance with the statutory authority applicable 
to the National Park Service, $126,266,000, to be derived from the Land 
and Water Conservation Fund and to remain available until expended, of 
which $40,000,000 is for the State assistance program and of which 
$9,000,000 shall be for the American Battlefield Protection Program 
grants as authorized by section 7301 of the Omnibus Public Land 
Management Act of 2009 (Public Law 111-11).

                        administrative provisions

                      (including transfer of funds)

    In addition to other uses set forth in section 407(d) of Public Law 
105-391, franchise fees credited to a sub-account shall be available for 
expenditure by the Secretary, without further appropriation, for use at 
any unit within the National Park System to extinguish or reduce 
liability for Possessory Interest or leasehold surrender interest. Such 
funds may only be used for this purpose to the extent that the 
benefitting unit anticipated franchise fee receipts over the term of the 
contract at that unit exceed the amount of funds used to extinguish or 
reduce liability. Franchise fees at the benefitting unit shall be 
credited to the sub-account of the originating unit over a period not to 
exceed the term of a single contract at the benefitting unit, in the 
amount of funds so expended to extinguish or reduce liability.

[[Page 123 STAT. 2913]]

    For the costs of administration of the Land and Water Conservation 
Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico 
Energy Security Act of 2006 (Public Law 109-432), the National Park 
Service may retain up to 3 percent of the amounts which are authorized 
to be disbursed under such section, such retained amounts to remain 
available until expended.
    National Park Service funds may be transferred to the Federal 
Highway Administration (FHWA), Department of Transportation, for 
purposes authorized under 23 U.S.C. 204. Transfers may include a 
reasonable amount for FHWA administrative support costs.

                     United States Geological Survey

                  surveys, investigations, and research

    For expenses necessary for the United States Geological Survey to 
perform surveys, investigations, and research covering topography, 
geology, hydrology, biology, and the mineral and water resources of the 
United States, its territories and possessions, and other areas as 
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their 
mineral and water resources; give engineering supervision to power 
permittees and Federal Energy Regulatory Commission licensees; 
administer the minerals exploration program (30 U.S.C. 641); conduct 
inquiries into the economic conditions affecting mining and materials 
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and 
related purposes as authorized by law; and to publish and disseminate 
data relative to the foregoing activities; $1,111,740,000, to remain 
available until September 30, 2011, of which $65,561,000 shall be 
available only for cooperation with States or municipalities for water 
resources investigations; of which $40,150,000 shall remain available 
until expended for satellite operations; of which $7,321,000 shall be 
available until expended for deferred maintenance and capital 
improvement projects that exceed $100,000 in cost; and of which 
$2,000,000 shall be available to fund the operating expenses for the 
Civil Applications Committee: Provided, That none of the funds provided 
for the biological research activity shall be used to conduct new 
surveys on private property, unless specifically authorized in writing 
by the property owner: Provided further, <<NOTE: 43 USC 50.>> That no 
part of this appropriation shall be used to pay more than one-half the 
cost of topographic mapping or water resources data collection and 
investigations carried on in cooperation with States and municipalities.

                        administrative provisions

    From within the amount appropriated for activities of the United 
States Geological Survey such sums as are necessary shall be available 
for reimbursement to the General Services Administration for security 
guard services; contracting for the furnishing of topographic maps and 
for the making of geophysical or other specialized surveys when it is 
administratively determined that such procedures are in the public 
interest; construction and maintenance of necessary buildings and 
appurtenant facilities; acquisition of lands for gauging stations and 
observation wells; expenses of the United States National Committee on 
Geology; and payment of compensation and expenses of persons on the 
rolls of the Survey duly appointed to represent the United States in the 
negotiation and administration of interstate compacts: Provided, That 
activities

[[Page 123 STAT. 2914]]

funded by appropriations herein made may be accomplished through the use 
of contracts, grants, or cooperative agreements as defined in 31 U.S.C. 
6302 et seq.: Provided further, That the United States Geological Survey 
may enter into contracts or cooperative agreements directly with 
individuals or indirectly with institutions or nonprofit organizations, 
without regard to 41 U.S.C. 5, for the temporary or intermittent 
services of students or recent graduates, who shall be considered 
employees for the purpose of chapters 57 and 81 of title 5, United 
States Code, relating to compensation for travel and work injuries, and 
chapter 171 of title 28, United States Code, relating to tort claims, 
but shall not be considered to be Federal employees for any other 
purposes.

                       Minerals Management Service

                royalty and offshore minerals management

    For expenses necessary for minerals leasing and environmental 
studies, regulation of industry operations, and collection of royalties, 
as authorized by law; for enforcing laws and regulations applicable to 
oil, gas, and other minerals leases, permits, licenses and operating 
contracts; for energy-related or other authorized marine-related 
purposes on the Outer Continental Shelf; and for matching grants or 
cooperative agreements, $175,217,000, to remain available until 
September 30, 2011, of which $89,374,000 shall be available for royalty 
management activities; and an amount not to exceed $156,730,000, to be 
credited to this appropriation and to remain available until expended, 
from additions to receipts resulting from increases to rates in effect 
on August 5, 1993, and from cost recovery fees: Provided, That 
notwithstanding 31 U.S.C. 3302, in fiscal year 2010, such amounts as are 
assessed under 31 U.S.C. 9701 shall be collected and credited to this 
account and shall be available until expended for necessary expenses: 
Provided further, That to the extent $156,730,000 in addition to 
receipts are not realized from the sources of receipts stated above, the 
amount needed to reach $156,730,000 shall be credited to this 
appropriation from receipts resulting from rental rates for Outer 
Continental Shelf leases in effect before August 5, 1993: Provided 
further, That the term ``qualified Outer Continental Shelf revenues'', 
as defined in section 102(9)(A) of the Gulf of Mexico Energy Security 
Act, division C of Public Law 109-432, shall include only the portion of 
rental revenues that would have been collected at the rental rates in 
effect before August 5, 1993: Provided further, That not to exceed 
$3,000 shall be available for reasonable expenses related to promoting 
volunteer beach and marine cleanup activities: Provided further, That 
notwithstanding any other provision of law, $15,000 under this heading 
shall be available for refunds of overpayments in connection with 
certain Indian leases in which the Director of MMS concurred with the 
claimed refund due, to pay amounts owed to Indian allottees or tribes, 
or to correct prior unrecoverable erroneous payments: Provided further, 
That for the costs of administration of the Coastal Impact Assistance 
Program authorized by section 31 of the Outer Continental Shelf Lands 
Act, as amended (43 U.S.C. 1456a), in fiscal year 2010, MMS may retain 
up to 4 percent of the amounts which are disbursed under section 
31(b)(1), such retained amounts to remain available until expended.

[[Page 123 STAT. 2915]]

    For an additional amount, $10,000,000, to remain available until 
expended, which shall be derived from non-refundable inspection fees 
collected in fiscal year 2010, as provided in this Act: Provided, That 
to the extent that such amounts are not realized from such fees, the 
amount needed to reach $10,000,000 shall be credited to this 
appropriation from receipts resulting from rental rates for Outer 
Continental Shelf leases in effect before August 5, 1993.

                           oil spill research

    For necessary expenses to carry out title I, section 1016, title IV, 
sections 4202 and 4303, title VII, and title VIII, section 8201 of the 
Oil Pollution Act of 1990, $6,303,000, which shall be derived from the 
Oil Spill Liability Trust Fund, to remain available until expended.

                        administrative provision

    Notwithstanding the provisions of section 35(b) of the Mineral 
Leasing Act, as amended (30 U.S.C. 191(b)), the Secretary shall deduct 2 
percent from the amount payable to each State in fiscal year 2010 and 
deposit the amount deducted to miscellaneous receipts of the Treasury.

          Office of Surface Mining Reclamation and Enforcement

                        regulation and technology

    For necessary expenses to carry out the provisions of the Surface 
Mining Control and Reclamation Act of 1977, Public Law 95-87, as 
amended, $127,180,000, to remain available until September 30, 
2011: <<NOTE: 30 USC 1211 note.>> Provided, That appropriations for the 
Office of Surface Mining Reclamation and Enforcement may provide for the 
travel and per diem expenses of State and tribal personnel attending 
Office of Surface Mining Reclamation and Enforcement sponsored training.

                     abandoned mine reclamation fund

    For necessary expenses to carry out title IV of the Surface Mining 
Control and Reclamation Act of 1977, Public Law 95-87, as amended, 
$35,588,000, to be derived from receipts of the Abandoned Mine 
Reclamation Fund and to remain available until expended: Provided, That 
pursuant to Public Law 97-365, the Department of the Interior is 
authorized to use up to 20 percent from the recovery of the delinquent 
debt owed to the United States Government to pay for contracts to 
collect these debts: Provided further, That funds made available under 
title IV of Public Law 95-87 may be used for any required non-Federal 
share of the cost of projects funded by the Federal Government for the 
purpose of environmental restoration related to treatment or abatement 
of acid mine drainage from abandoned mines: Provided further, That such 
projects must be consistent with the purposes and priorities of the 
Surface Mining Control and Reclamation Act: Provided further, That 
amounts provided under this heading may be used for the travel and per 
diem expenses of State and tribal personnel

[[Page 123 STAT. 2916]]

attending Office of Surface Mining Reclamation and Enforcement sponsored 
training.

                        administrative provision

    With funds available for the Technical Innovation and Professional 
Services program in this Act, the Secretary may transfer title for 
computer hardware, software and other technical equipment to State and 
tribal regulatory and reclamation programs.

                        Bureau of Indian Affairs

                      operation of indian programs

                      (including transfer of funds)

    For expenses necessary for the operation of Indian programs, as 
authorized by law, including the Snyder Act of November 2, 1921 (25 
U.S.C. 13), the Indian Self-Determination and Education Assistance Act 
of 1975 (25 U.S.C. 450 et seq.), as amended, the Education Amendments of 
1978 (25 U.S.C. 2001-2019), and the Tribally Controlled Schools Act of 
1988 (25 U.S.C. 2501 et seq.), as amended, $2,335,965,000, to remain 
available until September 30, 2011 except as otherwise provided herein; 
of which not to exceed $30,000 may be for official reception and 
representation expenses; of which not to exceed $74,915,000 shall be for 
welfare assistance payments: Provided, That in cases of designated 
Federal disasters, the Secretary may exceed such cap, from the amounts 
provided herein, to provide for disaster relief to Indian communities 
affected by the disaster; and of which, notwithstanding any other 
provision of law, including but not limited to the Indian Self-
Determination Act of 1975, as amended, not to exceed $166,000,000 shall 
be available for payments for contract support costs associated with 
ongoing contracts, grants, compacts, or annual funding agreements 
entered into with the Bureau prior to or during fiscal year 2010, as 
authorized by such Act, except that tribes and tribal organizations may 
use their tribal priority allocations for unmet contract support costs 
of ongoing contracts, grants, or compacts, or annual funding agreements 
and for unmet welfare assistance costs; of which not to exceed 
$568,702,000 for school operations costs of Bureau-funded schools and 
other education programs shall become available on July 1, 2010, and 
shall remain available until September 30, 2011; of which $25,000,000 
shall be for public safety and justice programs as authorized by the 
Emergency Fund for Indian Safety and Health, established by section 601 
of Public Law 110-293 (25 U.S.C. 443c); and of which not to exceed 
$59,895,000 shall remain available until expended for housing 
improvement, road maintenance, attorney fees, litigation support, the 
Indian Self-Determination Fund, land records improvement, and the 
Navajo-Hopi Settlement Program: Provided further, That notwithstanding 
any other provision of law, including but not limited to the Indian 
Self-Determination Act of 1975, as amended, and 25 U.S.C. 2008, not to 
exceed $43,373,000 within and only from such amounts made available for 
school operations shall be available for administrative cost grants 
associated with ongoing grants entered into with the Bureau prior to or 
during fiscal year 2009 for the operation of Bureau-funded schools, and 
up to $500,000

[[Page 123 STAT. 2917]]

within and only from such amounts made available for administrative cost 
grants shall be available for the transitional costs of initial 
administrative cost grants to grantees that assume operation on or after 
July 1, 2009, of Bureau-funded schools: Provided further, That any 
forestry funds allocated to a tribe which remain unobligated as of 
September 30, 2011, may be transferred during fiscal year 2012 to an 
Indian forest land assistance account established for the benefit of the 
holder of the funds within the holder's trust fund account: Provided 
further, That any <<NOTE: Expiration date.>> such unobligated balances 
not so transferred shall expire on September 30, 2012: Provided further, 
That in order to enhance the safety of Bureau field employees, the 
Bureau may use funds to purchase uniforms or other identifying articles 
of clothing for personnel.

                              construction

                      (including transfer of funds)

    For construction, repair, improvement, and maintenance of irrigation 
and power systems, buildings, utilities, and other facilities, including 
architectural and engineering services by contract; acquisition of 
lands, and interests in lands; and preparation of lands for farming, and 
for construction of the Navajo Indian Irrigation Project pursuant to 
Public Law 87-483, $225,000,000, to remain available until expended: 
Provided, That such amounts as may be available for the construction of 
the Navajo Indian Irrigation Project may be transferred to the Bureau of 
Reclamation: Provided further, That not to exceed 6 percent of contract 
authority available to the Bureau of Indian Affairs from the Federal 
Highway Trust Fund may be used to cover the road program management 
costs of the Bureau: Provided further, That any funds provided for the 
Safety of Dams program pursuant to 25 U.S.C. 13 shall be made available 
on a nonreimbursable basis: Provided further, That for fiscal year 2010, 
in implementing new construction or facilities improvement and repair 
project grants in excess of $100,000 that are provided to grant schools 
under Public Law 100-297, as amended, the Secretary of the Interior 
shall use the Administrative and Audit Requirements and Cost Principles 
for Assistance Programs contained in 43 CFR part 12 as the regulatory 
requirements: Provided further, <<NOTE: Negotiation.>> That such grants 
shall not be subject to section 12.61 of 43 CFR; the Secretary and the 
grantee shall negotiate and determine a schedule of payments for the 
work to be performed: Provided further, That in considering grant 
applications, the Secretary shall consider whether such grantee would be 
deficient in assuring that the construction projects conform to 
applicable building standards and codes and Federal, tribal, or State 
health and safety standards as required by 25 U.S.C. 2005(b), with 
respect to organizational and financial management capabilities: 
Provided further, That if the Secretary declines a grant application, 
the Secretary shall follow the requirements contained in 25 U.S.C. 
2504(f): Provided further, That any disputes between the Secretary and 
any grantee concerning a grant shall be subject to the disputes 
provision in 25 U.S.C. 2507(e): Provided further, That in order to 
ensure timely completion of construction projects, the Secretary may 
assume control of a project and all funds related to the project, if, 
within eighteen months of the date of enactment of this Act, any grantee 
receiving funds appropriated in this Act or in any

[[Page 123 STAT. 2918]]

prior Act, has not completed the planning and design phase of the 
project and commenced construction: Provided further, That this 
appropriation may be reimbursed from the Office of the Special Trustee 
for American Indians appropriation for the appropriate share of 
construction costs for space expansion needed in agency offices to meet 
trust reform implementation.

 indian land and water claim settlements and miscellaneous payments to 
                                 indians

    For payments and necessary administrative expenses for 
implementation of Indian land and water claim settlements pursuant to 
Public Laws 99-264, 100-580, 101-618, 108-447, 109-379, 109-479, 110-
297, and 111-11, and for implementation of other land and water rights 
settlements, $47,380,000, to remain available until expended.

                 indian guaranteed loan program account

    For the cost of guaranteed loans and insured loans, $8,215,000, of 
which $1,629,000 is for administrative expenses, as authorized by the 
Indian Financing Act of 1974, as amended: Provided, That such costs, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974: Provided further, 
That these funds are available to subsidize total loan principal, any 
part of which is to be guaranteed or insured, not to exceed $93,807,956.

                        indian land consolidation

    For consolidation of fractional interests in Indian lands and 
expenses associated with redetermining and redistributing escheated 
interests in allotted lands, and for necessary expenses to carry out the 
Indian Land Consolidation Act of 1983, as amended, by direct expenditure 
or cooperative agreement, $3,000,000, to remain available until 
expended.

                        administrative provisions

    The Bureau of Indian Affairs may carry out the operation of Indian 
programs by direct expenditure, contracts, cooperative agreements, 
compacts and grants, either directly or in cooperation with States and 
other organizations.
    Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs may 
contract for services in support of the management, operation, and 
maintenance of the Power Division of the San Carlos Irrigation Project.
    Appropriations for the Bureau of Indian Affairs (except the 
Revolving Fund for Loans Liquidating Account, Indian Loan Guaranty and 
Insurance Fund Liquidating Account, Indian Guaranteed Loan Financing 
Account, Indian Direct Loan Financing Account, and the Indian Guaranteed 
Loan Program account) shall be available for expenses of exhibits.
    Notwithstanding any other provision of law, no funds available to 
the Bureau of Indian Affairs for central office oversight and Executive 
Direction and Administrative Services (except executive direction and 
administrative services funding for Tribal Priority

[[Page 123 STAT. 2919]]

Allocations, regional offices, and facilities operations and 
maintenance) shall be available for contracts, grants, compacts, or 
cooperative agreements with the Bureau of Indian Affairs under the 
provisions of the Indian Self-Determination Act or the Tribal Self-
Governance Act of 1994 (Public Law 103-413).
    In the event any tribe returns appropriations made available by this 
Act to the Bureau of Indian Affairs, this action shall not diminish the 
Federal Government's trust responsibility to that tribe, or the 
government-to-government relationship between the United States and that 
tribe, or that tribe's ability to access future appropriations.
    Notwithstanding any other provision of law, no funds available to 
the Bureau, other than the amounts provided herein for assistance to 
public schools under 25 U.S.C. 452 et seq., shall be available to 
support the operation of any elementary or secondary school in the State 
of Alaska.
    Appropriations made available in this or any other Act for schools 
funded by the Bureau shall be available only to the schools in the 
Bureau school system as of September 1, 1996. No funds available to the 
Bureau shall be used to support expanded grades for any school or 
dormitory beyond the grade structure in place or approved by the 
Secretary of the Interior at each school in the Bureau school system as 
of October 1, 1995. <<NOTE: Charter schools.>> Funds made available 
under this Act may not be used to establish a charter school at a 
Bureau-funded school (as that term is defined in section 1146 of the 
Education Amendments of 1978 (25 U.S.C. 2026)), except that a charter 
school that is in existence on the date of the enactment of this Act and 
that has operated at a Bureau-funded school before September 1, 1999, 
may continue to operate during that period, but only if the charter 
school pays to the Bureau a pro rata share of funds to reimburse the 
Bureau for the use of the real and personal property (including buses 
and vans), the funds of the charter school are kept separate and apart 
from Bureau funds, and the Bureau does not assume any obligation for 
charter school programs of the State in which the school is located if 
the charter school loses such funding. Employees of Bureau-funded 
schools sharing a campus with a charter school and performing functions 
related to the charter schools operation and employees of a charter 
school shall not be treated as Federal employees for purposes of chapter 
171 of title 28, United States Code.

    Notwithstanding any other provision of law, including section 113 of 
title I of appendix C of Public Law 106-113, if in fiscal year 2003 or 
2004 a grantee received indirect and administrative costs pursuant to a 
distribution formula based on section 5(f) of Public Law 101-301, the 
Secretary shall continue to distribute indirect and administrative cost 
funds to such grantee using the section 5(f) distribution formula.

                          Departmental Offices

                         Office of the Secretary

                          salaries and expenses

    For necessary expenses for management of the Department of the 
Interior, $118,836,000; of which not to exceed $25,000 may

[[Page 123 STAT. 2920]]

be for official reception and representation expenses; and of which up 
to $1,000,000 shall be available for workers compensation payments and 
unemployment compensation payments associated with the orderly closure 
of the United States Bureau of Mines; and of which $12,136,000 for 
consolidated appraisal services is to be derived from the Land and Water 
Conservation Fund and shall remain available until expended: Provided, 
That, for fiscal year 2010 up to $400,000 of the payments authorized by 
the Act of October 20, 1976, as amended (31 U.S.C. 6901-6907) may be 
retained for administrative expenses of the Payments in Lieu of Taxes 
Program: Provided further, That no payment shall be made pursuant to 
that Act to otherwise eligible units of local government if the computed 
amount of the payment is less than $100: Provided further, That for 
fiscal years 2008 through 2012 the Secretary may reduce the payment 
authorized by 31 U.S.C. 6901-6907, as amended, for an individual county 
by the amount necessary to correct prior year overpayments to that 
county: Provided further, That for fiscal years 2008 through 2012 the 
amount needed to correct a prior year underpayment to an individual 
county shall be paid from any reductions for overpayments to other 
counties and the amount necessary to cover any remaining underpayment is 
hereby appropriated and shall be paid to individual counties using 
current fiscal year funds.

                             Insular Affairs

                        assistance to territories

    For expenses necessary for assistance to territories under the 
jurisdiction of the Department of the Interior, $85,195,000, of which: 
(1) $75,915,000 shall remain available until expended for technical 
assistance, including maintenance assistance, disaster assistance, 
insular management controls, coral reef initiative activities, and brown 
tree snake control and research; grants to the judiciary in American 
Samoa for compensation and expenses, as authorized by law (48 U.S.C. 
1661(c)); grants to the Government of American Samoa, in addition to 
current local revenues, for construction and support of governmental 
functions; grants to the Government of the Virgin Islands as authorized 
by law; grants to the Government of Guam, as authorized by law; and 
grants to the Government of the Northern Mariana Islands as authorized 
by law (Public Law 94-241; 90 Stat. 272); and (2) $9,280,000 shall be 
available until September 30, 2011 for salaries and expenses of the 
Office of Insular Affairs: <<NOTE: 48 USC 1469b.>> Provided, That all 
financial transactions of the territorial and local governments herein 
provided for, including such transactions of all agencies or 
instrumentalities established or used by such governments, may be 
audited by the Government Accountability Office, at its discretion, in 
accordance with chapter 35 of title 31, United States Code: Provided 
further, That Northern Mariana Islands Covenant grant funding shall be 
provided according to those terms of the Agreement of the Special 
Representatives on Future United States Financial Assistance for the 
Northern Mariana <<NOTE: Grants. Pacific Basin Development 
Council.>> Islands approved by Public Law 104-134: Provided further, 
That of the amounts provided for technical assistance, sufficient funds 
shall be made available for a grant to the Pacific Basin Development 
Council: <<NOTE: Close Up Foundation.>> Provided further, That of the 
amounts provided for technical assistance, sufficient funding shall be 
made

[[Page 123 STAT. 2921]]

available for a grant to the Close Up Foundation: Provided further, That 
the funds for the program of operations and maintenance improvement are 
appropriated to institutionalize routine operations and maintenance 
improvement of capital infrastructure with territorial participation and 
cost sharing to be determined by the Secretary based on the grantee's 
commitment to timely maintenance of its capital assets: Provided 
further, That any appropriation for disaster assistance under this 
heading in this Act or previous appropriations Acts may be used as non-
Federal matching funds for the purpose of hazard mitigation grants 
provided pursuant to section 404 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5170c).

                       compact of free association

    For grants and necessary expenses, $5,318,000, to remain available 
until expended, as provided for in sections 221(a)(2), 221(b), and 233 
of the Compact of Free Association for the Republic of Palau; and 
section 221(a)(2) of the Compacts of Free Association for the Government 
of the Republic of the Marshall Islands and the Federated States of 
Micronesia, as authorized by Public Law 99-658 and Public Law 108-188.

                        administrative provisions

                      (including transfer of funds)

    At the request of the Governor of Guam, the Secretary may transfer 
discretionary funds or mandatory funds provided under section 104(e) of 
Public Law 108-188 and Public Law 104-134, that are allocated for Guam, 
to the Secretary of Agriculture for the subsidy cost of direct or 
guaranteed loans, plus not to exceed three percent of the amount of the 
subsidy transferred for the cost of loan administration, for the 
purposes authorized by the Rural Electrification Act of 1936 and section 
306(a)(1) of the 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.

[[Page 123 STAT. 2922]]

                       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: <<NOTE: Deadline. Account statement. Records.>> 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, $794,897,000, to remain available until expended,

[[Page 123 STAT. 2923]]

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 <<NOTE: Guidelines.>> 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: Provided further, That funds provided for wildfire 
suppression shall be available for support of Federal emergency response 
actions: Provided further, That no less than $125,000,000 in prior-year 
wildfire suppression balances

[[Page 123 STAT. 2924]]

shall be made available in addition to amounts provided in this Act for 
that purpose.

                 flame wildfire suppression reserve fund

                     (including transfers of funds)

    For deposit in the FLAME Wildfire Suppression Reserve Fund created 
in title V, section 502(b) of this Act, $61,000,000, to remain available 
until expended.

                    central hazardous materials fund

    For necessary expenses of the Department of the Interior and any of 
its component offices and bureaus for the response action, including 
associated activities, performed pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act, as amended (42 
U.S.C. 9601 et seq.), $10,175,000, to remain available until 
expended: <<NOTE: 42 USC 9607 note.>> Provided, That Public Law 110-161 
(121 Stat. 2116) under this heading is amended by striking ``in advance 
of or as reimbursement for remedial action or response activities 
conducted by the Department pursuant to section 107 or 113(f) of such 
Act'' and inserting in lieu thereof ``including any fines or 
penalties''.

           natural resource damage assessment and restoration

                 natural resource damage assessment fund

    To conduct natural resource damage assessment and 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

[[Page 123 STAT. 2925]]

services in the vicinity of the National Indian Program Training Center: 
Provided further, That all funds received pursuant to the two preceding 
provisos shall be credited to this account, shall be available until 
expended, and shall be used by the Secretary for necessary expenses of 
the National Indian Program Training Center.

                        administrative provision

    There is hereby authorized for acquisition from available resources 
within the Working Capital Fund, 15 aircraft, 10 of which shall be for 
replacement and which may be obtained by donation, purchase or through 
available excess surplus property: Provided, That existing aircraft 
being replaced may be sold, with proceeds derived or trade-in value used 
to offset the purchase price for the replacement aircraft.

             General Provisions, Department of the Interior

                     (including transfers of funds)

               emergency transfer authority--intra-bureau

    Sec. 101.  Appropriations made in this title shall be available for 
expenditure or transfer (within each bureau or office), with the 
approval of the Secretary, for the emergency reconstruction, 
replacement, or repair of aircraft, buildings, utilities, or other 
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.

              emergency transfer authority--department-wide

    Sec. 102.  The Secretary may authorize the expenditure or transfer 
of any no year appropriation in this title, in addition to the amounts 
included in the budget programs of the several agencies, for the 
suppression or emergency prevention of wildland fires on or threatening 
lands under the jurisdiction of the 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

[[Page 123 STAT. 2926]]

fire operations shall be available for the payment of obligations 
incurred during the preceding fiscal year, and for reimbursement to 
other Federal agencies for destruction of vehicles, aircraft, or other 
equipment in connection with their use for wildland fire operations, 
such reimbursement to be credited to appropriations currently available 
at the time of receipt thereof: <<NOTE: Determination.>> Provided 
further, That for wildland fire operations, no funds shall be made 
available under this authority until the Secretary determines that funds 
appropriated for ``wildland fire operations'' and ``FLAME Wildfire 
Suppression Reserve Fund'' shall be exhausted within 30 days: Provided 
further, That all funds used pursuant to this section must be 
replenished by a supplemental appropriation which must be requested as 
promptly as possible: Provided further, That such replenishment funds 
shall be used to reimburse, on a pro rata basis, accounts from which 
emergency funds were transferred.

                         authorized use of funds

    Sec. 103.  Appropriations made to the Department of the Interior in 
this title shall be available for services as authorized by 5 U.S.C. 
3109, when authorized by the Secretary, in total amount not to exceed 
$500,000; purchase and replacement of motor vehicles, including 
specially equipped law enforcement vehicles; hire, 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.

                         authorized use of funds

    Sec. 104.  Appropriations made in this Act under the headings Bureau 
of Indian Affairs and Office of the Special Trustee for American Indians 
and any unobligated balances from prior 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.

                         redistribution of funds

    Sec. 105.  Notwithstanding any other provision of law, the Secretary 
of the Interior is authorized to redistribute any Tribal Priority 
Allocation funds, including tribal base funds, to alleviate tribal 
funding inequities by transferring funds to address identified, unmet 
needs, dual enrollment, overlapping service areas or inaccurate 
distribution methodologies. No tribe shall receive a reduction in Tribal 
Priority Allocation funds of more than 10 percent in fiscal year 2010. 
Under circumstances of dual enrollment, overlapping service areas or 
inaccurate distribution methodologies, the 10 percent limitation does 
not apply.

[[Page 123 STAT. 2927]]

                       twin cities research center

    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.

                             payment of fees

    Sec. 107.  The Secretary of the Interior may use discretionary funds 
to pay private attorney fees and costs for employees and former 
employees of the Department of the Interior reasonably incurred in 
connection with Cobell v. Salazar to the extent that such fees and costs 
are not paid by the Department of Justice or by private insurance. In no 
case shall the Secretary make 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.

                        mass marking of salmonids

    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.

                  ellis, governors, and liberty islands

    Sec. 109.  <<NOTE: New York. New 
Jersey. Contracts.>> 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.

                       prohibition on use of funds

    Sec. 110. <<NOTE: Certification.>> (a) Any proposed new use of the 
Arizona & California Railroad Company's Right of Way for conveyance of 
water shall not proceed unless the Secretary of the Interior certifies 
that the proposed new use is within the scope of the Right of Way.

[[Page 123 STAT. 2928]]

    (b) No funds appropriated or otherwise made available to the 
Department of the Interior may be used, in relation to any proposal to 
store water underground for the purpose of export, for approval of any 
right-of-way or similar authorization on the Mojave National Preserve or 
lands managed by the Needles Field Office of the Bureau of Land 
Management, or for carrying out any activities associated with such 
right-of-way or similar approval.

                         contribution authority

    Sec. 111.  Title 43 U.S.C. 1473, as amended by Public Law 111-8, is 
further amended by striking ``in fiscal years 2008 and 2009 only'' and 
inserting ``in fiscal years 2010 through 2013''.

                      use of cooperative agreements

    Sec. 112.  <<NOTE: 43 USC 1457b.>> For fiscal year 2010, and each 
fiscal year thereafter, the Secretary of the Interior may enter into 
cooperative agreements with a State or political subdivision (including 
any agency thereof), or any not-for-profit organization if the agreement 
will: (1) serve a mutual interest of the parties to the agreement in 
carrying out the programs administered by the Department of the 
Interior; and (2) all parties will contribute resources to the 
accomplishment of these objectives. At the discretion of the Secretary, 
such agreements shall not be subject to a competitive process.

                      ice age national scenic trail

    Sec. 113.  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.

                          conforming amendment

    Sec. 114.  <<NOTE: Applicability. Contracts. 30 USC 
1720a.>> Notwithstanding any other provision of law, Sections 109 and 
110 of the Federal Oil and Gas Royalty Management Act (30 U.S.C. 1719 
and 1720) shall, for fiscal year 2010 and each fiscal year thereafter, 
apply to any lease authorizing 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.

                 outer continental shelf inspection fees

    Sec. 115. (a) In fiscal year 2010, the Minerals Management Service 
(MMS) shall collect a non-refundable inspection fee, which

[[Page 123 STAT. 2929]]

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) <<NOTE: Deadlines.>> MMS will bill designated operators within 
60 days of enactment of this Act, with payment required within 30 days 
of billing.

       prohibition on use of funds, point reyes national seashore

    Sec. 116.  None of the funds in this Act may be used to further 
reduce the number of Axis or Fallow deer at Point Reyes National 
Seashore below the number as of the date of enactment of this Act.

          yosemite national park authorized payments, amendment

    Sec. 117.  Section 101(a)(1) of Public Law 109-131 <<NOTE: 119 Stat. 
2566.>> is amended by striking ``2009'' and inserting ``2013''.

          san juan island national historic park authorization

    Sec. 118.  Section 4 of Public Law 89-565, as amended (16 U.S.C. 
282c), relating to San Juan Island National Historic Park, is amended by 
striking ``$5,575,000'' and inserting ``$13,575,000''.

             japanese american confinement sites, amendment

    Sec. 119.  Section 1(c)(2) of Public Law 109-441 <<NOTE: 16 USC 461 
note.>> is amended by adding after subparagraph (D) the following new 
subparagraph:
                    ``(E) Heart Mountain, depicted in Figure 6.3 of the 
                Site Document.''.

                northern plains heritage area, amendment

    Sec. 120.  Section 8004 of the Omnibus Public Land Management Act of 
2009 (Public Law 111-11; 123 Stat. 1240) is amended--
            (1) by redesignating subsections (g) through (i) as 
        subsections (h) through (j), respectively;
            (2) in subsection (h)(1) (as redesignated by paragraph (1)), 
        in the matter preceding subparagraph (A), by striking 
        ``subsection (i)'' and inserting ``subsection (j)''; and
            (3) by inserting after subsection (f) the following:

    ``(g) Requirements for Inclusion and Removal of Property in Heritage 
Area.--
            ``(1) Private property inclusion.--No privately owned 
        property shall be included in the Heritage Area unless the owner 
        of the private property provides to the management entity a 
        written request for the inclusion.
            ``(2) Property removal.--

[[Page 123 STAT. 2930]]

                    ``(A) Private property.--At <<NOTE: Notice.>> the 
                request of an owner of private property included in the 
                Heritage Area pursuant to paragraph (1), the private 
                property shall be immediately withdrawn from the 
                Heritage Area if the owner of the property provides to 
                the management entity a written notice requesting 
                removal.
                    ``(B) Public property.--On written notice from the 
                appropriate State or local government entity, public 
                property included in the Heritage Area shall be 
                immediately withdrawn from the Heritage Area.''.

               pearl harbor naval complex, joint ticketing

    Sec. 121. (a) Definitions.--In this section:
            (1) Historic attraction.--The term ``historic attraction'' 
        mean a historic attraction within the Pearl Harbor Naval 
        Complex, including--
                    (A) the USS Bowfin Submarine Museum and Park;
                    (B) the Battleship Missouri Memorial;
                    (C) the Pacific Aviation Museum-Pearl Harbor; and
                    (D) any other historic attraction within the Pearl 
                Harbor Naval Complex that--
                          (i) the Secretary identifies as a Pearl Harbor 
                      historic attraction; and
                          (ii) is not administered or managed by the 
                      Secretary.
            (2) Monument.--The term ``Monument'' means the Word War II 
        Valor in the Pacific National Monument in the State of Hawaii.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Visitor center.--The term ``Visitor Center'' means the 
        visitor center located within the Pearl Harbor Naval Complex on 
        land that is--
                    (A) within the Monument; and
                    (B) managed by the Secretary, acting through the 
                Director of the National Park Service.

    (b) Facilitation of Admission to Historic Attractions Within Pearl 
Harbor Naval Complex.--
            (1) In general.--In managing the Monument, the Secretary may 
        enter into an agreement with any organization that is authorized 
        to administer or manage a historic attraction--
                    (A) to allow visitors to the historic attraction to 
                gain access to the historic attraction by passing 
                through security screening at the Visitor Center; and
                    (B) to allow the sale of tickets to a historic 
                attraction within the Visitor Center by--
                          (i) employees of the National Park Service; or
                          (ii) the organization that administers or 
                      manages the historic attraction.
            (2) Terms and conditions.--In any agreement entered into 
        under paragraph (1), the Secretary--
                    (A) shall require the organization administering or 
                managing the historic attraction to pay to the Secretary 
                a reasonable fee to recover administrative costs of the

[[Page 123 STAT. 2931]]

                Secretary associated with the use of the Visitor Center 
                for public access and ticket sales;
                    (B) shall ensure that the liability of the United 
                States is limited with respect to any liability arising 
                from--
                          (i) the admission of the public through the 
                      Visitor Center to a historic attraction; and
                          (ii) the sale or issuance of any tickets to 
                      the historic attraction; and
                    (C) may include any other terms and conditions that 
                the Secretary determines to be appropriate.
            (3) Use of fees.--The proceeds of any amounts collected as 
        fees under paragraph (2)(A) shall remain available, without 
        further appropriation, for use by the Secretary for the 
        Monument.
            (4) Limitation of authority.--Nothing in this section 
        authorizes the Secretary--
                    (A) to regulate or approve the rates for admission 
                to a historic attraction;
                    (B) to regulate or manage any visitor services 
                within the Pearl Harbor Naval Complex (other than the 
                services managed by the National Park Service as part of 
                the Monument); or
                    (C) to charge an entrance fee for admission to the 
                Monument.
            (5) Protection of resources.--Nothing in this section 
        authorizes the Secretary or any organization that administers or 
        manages a historic attraction to take any action in derogation 
        of the preservation and protection of the values and resources 
        of the Monument.

                  assistance for the republic of palau

    Sec. 122. (a) In General.-- <<NOTE: Grants.>> Subject to subsection 
(c), the United States Government, through the Secretary of the Interior 
shall provide to the Government of Palau for fiscal year 2010 grants in 
amounts equal to the annual amounts specified in subsections (a), (c), 
and (d) of section 211 of the Compact of Free Association between the 
Government of the United States of America and the Government of Palau 
(48 U.S.C. 1931 note) (referred to in this section as the ``Compact'').

    (b) Programmatic Assistance.--Subject to subsection (c), the United 
States shall provide programmatic assistance to the Republic of Palau 
for fiscal year 2010 in amounts equal to the amounts provided in 
subsections (a) and (b)(1) of section 221 of the Compact.
    (c) Limitations on Assistance.--
            (1) In general.--The grants and programmatic assistance 
        provided under subsections (a) and (b) shall be provided to the 
        same extent and in the same manner as the grants and assistance 
        were provided in fiscal year 2009.
            (2) Trust fund.--If the Government of Palau withdraws more 
        than $5,000,000 from the trust fund established under section 
        211(f) of the Compact, amounts to be provided under subsections 
        (a) and (b) shall be withheld from the Government of Palau.

[[Page 123 STAT. 2932]]

       golden gate national recreation area, fort baker amendment

    Sec. 123.  Section 120 of title I of H.R. 3423 (Appendix C) as 
enacted into law by section 1000(a)(3) of division B of Public Law 106-
113 <<NOTE: 16 USC 460bb-3 note.>> is amended by striking the last 
sentence.

           point reyes national seashore, extension of permit

    Sec. 124.  <<NOTE: Time period.>> Prior to the expiration on 
November 30, 2012 of the Drake's Bay Oyster Company's Reservation of Use 
and Occupancy and associated special use permit (``existing 
authorization'') within Drake's Estero at Point Reyes National Seashore, 
notwithstanding any other provision of law, the Secretary of the 
Interior is authorized to issue a special use permit with the same terms 
and conditions as the existing authorization, except as provided herein, 
for a period of 10 years from November 30, 
2012: <<NOTE: Deadline. Payments.>> Provided, That such extended 
authorization is subject to annual payments to the United States based 
on the fair market value of the use of the Federal property for the 
duration of such renewal. The Secretary shall take into consideration 
recommendations of the National Academy of Sciences Report pertaining to 
shellfish mariculture in Point Reyes National Seashore before modifying 
any terms and conditions of the extended authorization. Nothing in this 
section shall be construed to have any application to any location other 
than Point Reyes National Seashore; nor shall anything in this section 
be cited as precedent for management of any potential wilderness outside 
the Seashore.

              national park system, special resource study

    Sec. 125. (a) In General.--The Secretary of the Interior (referred 
to in this section as the ``Secretary'') shall conduct a special 
resource study of the national significance, suitability, and 
feasibility of including the Honouliuli Gulch and associated sites 
within the State of Hawaii in the National Park System.
    (b) Guidelines.--In conducting the study, the Secretary shall use 
the criteria for the study of areas for potential inclusion in the 
National Park System described in section 8 of Public Law 91-383 (16 
U.S.C. 1a-5).
    (c) Consultation.--In conducting the study, the Secretary shall 
consult with--
            (1) the State of Hawaii;
            (2) appropriate Federal agencies;
            (3) Native Hawaiian and local government entities;
            (4) private and nonprofit organizations;
            (5) private land owners; and
            (6) other interested parties.

    (d) Themes.--The study shall evaluate the Honouliuli Gulch, 
associated sites located on Oahu, and other islands located in the State 
of Hawaii with respect to--
            (1) the significance of the site as a component of World War 
        II;
            (2) the significance of the site as the site related to the 
        forcible internment of Japanese Americans, European Americans, 
        and other individuals; and
            (3) historic resources at the site.

[[Page 123 STAT. 2933]]

    (e) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Natural 
Resources of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate a report describing the findings, 
conclusions, and recommendations of the study required under this 
section.

                            control of border

    Sec. 126.  None of the funds made available by this Act may be used 
to impede, prohibit, or restrict activities of the Secretary of Homeland 
Security on public lands to achieve operational control (as defined in 
section 2(b) of the Secure Fence Act of 2006 (8 U.S.C. 1701 note; Public 
Law 109-367) over the international land and maritime borders of the 
United States with respect to section 102(b) of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note).

                national heritage area, opt out provision

    Sec. 127.  <<NOTE: Notice.>> Any owner of private property within an 
existing or new National Heritage Area may opt out of participating in 
any plan, project, program, or activity conducted within the National 
Heritage Area if the property owner provides written notice to the local 
coordinating entity.

              placement of plaque at world war ii memorial

    Sec. 128.  Notwithstanding any other law, the Secretary of the 
Interior shall install in the area of the World War II Memorial in the 
District of Columbia a suitable plaque to commemorate the extraordinary 
leadership of Senator Robert J. Dole in making the Memorial a reality on 
the National Mall: Provided, That the Secretary shall design, procure, 
prepare and install the plaque: Provided further, That the Secretary of 
the Interior is authorized to accept and expend contributions toward the 
cost of preparing and installing the plaque, without further 
appropriation: Provided further, That Federal funds may be used to 
design, procure, or install the plaque.

          martin luther king, jr. memorial authority, extension

    Sec. 129.  Section 508(b)(2) of the Omnibus Parks and Public Lands 
Management Act of 1996, as amended (40 U.S.C. 8903 note; 110 Stat. 4157, 
114 Stat. 26, 117 Stat. 1347, 119 Stat. 527, 122 Stat. 5034) shall be 
amended by striking ``November 12, 2009'' and inserting ``September 30, 
2010''.

                john adams memorial authority, extension

    Sec. 130.  <<NOTE: Applicability.>> Notwithstanding section 8903(e) 
of title 40, United States Code, the authority provided by Public Law 
107-62 and Public Law 107-315 shall continue to apply through September 
30, 2010.

[[Page 123 STAT. 2934]]

                                TITLE II

                     ENVIRONMENTAL PROTECTION AGENCY

                         Science and Technology

    For science and technology, including research and development 
activities, which shall include research and development activities 
under the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended; necessary expenses for personnel and 
related costs and travel expenses; procurement of laboratory equipment 
and supplies; and other operating expenses in support of research and 
development, $846,049,000, to remain available until September 30, 2011.

                  Environmental Programs and Management

    For environmental programs and management, including 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, $2,993,779,000, to remain available until September 30, 2011: 
Provided, That of the funds included under this heading, not less than 
$608,441,000 shall be for the Geographic Programs specified in the 
explanatory statement accompanying this Act.

                       Office of Inspector General

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $44,791,000, to remain available until September 30, 2011.

                        Buildings and Facilities

    For construction, repair, improvement, extension, alteration, and 
purchase of fixed equipment or facilities of, or for use by, the 
Environmental Protection Agency, $37,001,000, to remain available until 
expended, of which up to $500,000 shall be made available for 
preliminary planning and design of a high-performance green building to 
consolidate the multiple offices and research facilities of the 
Environmental Protection Agency in Las Vegas, Nevada.

                      Hazardous Substance Superfund

                     (including transfers of funds)

    For necessary expenses to carry out the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, 
including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 
9611) $1,306,541,000, to remain available until expended, consisting of 
such sums as are available in the

[[Page 123 STAT. 2935]]

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.

           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: <<NOTE: Native 
Americans.>> 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.

                   State and Tribal Assistance Grants

    For environmental programs and infrastructure assistance, including 
capitalization grants for State revolving funds and performance 
partnership grants, $4,970,223,000, to remain available until expended, 
of which $2,100,000,000 shall be for making capitalization grants for 
the Clean Water State Revolving Funds under title VI of the Federal 
Water Pollution Control Act, as amended (the ``Act''); of which 
$1,387,000,000 shall be for making capitalization grants for the 
Drinking Water State Revolving Funds under section 1452 of the Safe 
Drinking Water Act, as amended: Provided, That for fiscal year 2010, to 
the extent there are sufficient eligible project applications, not less 
than 20 percent of the funds made available under this title to each 
State for Clean Water State Revolving Fund capitalization grants and not 
less than 20 percent of the funds made available under this title to 
each State for Drinking Water State Revolving Fund capitalization grants 
shall be used by the State for projects to address green infrastructure, 
water or energy efficiency improvements, or other environmentally 
innovative activities; $17,000,000 shall be for architectural, 
engineering, planning, design, construction and related activities

[[Page 123 STAT. 2936]]

in connection with the construction of high priority water and 
wastewater facilities in the area of the United States-Mexico Border, 
after consultation with the appropriate border commission; $13,000,000 
shall be for grants to the State of Alaska to address drinking water and 
wastewater infrastructure needs of rural and Alaska Native Villages: 
Provided further, <<NOTE: Alaska.>> That, of these funds: (1) the State 
of Alaska shall provide a match of 25 percent; (2) no more than 5 
percent of the funds may be used for administrative and overhead 
expenses; and (3) the State of Alaska shall make awards consistent with 
the State-wide priority list established in conjunction with the Agency 
and the U.S. Department of Agriculture for all water, sewer, waste 
disposal, and similar projects carried out by the State of Alaska that 
are funded under section 221 of the Federal Water Pollution Control Act 
(33 U.S.C. 1301) or the Consolidated Farm and Rural Development Act (7 
U.S.C. 1921 et seq.) which shall allocate not less than 25 percent of 
the funds provided for projects in regional hub communities; 
$156,777,000 shall be for making special project grants and technical 
corrections to prior-year grants for the construction of drinking water, 
wastewater and storm water infrastructure and for water quality 
protection in accordance with the terms and conditions specified for 
such grants in the joint explanatory statement of the managers 
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; $20,000,000 shall be for 
targeted airshed grants in accordance with the terms and conditions of 
the joint explanatory statement of the managers accompanying this Act; 
and $1,116,446,000 shall be for grants, including associated program 
support costs, to States, federally recognized tribes, interstate 
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

[[Page 123 STAT. 2937]]

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 <<NOTE: Native Americans.>> 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 not less than 30 percent of 
the <<NOTE: Applicability.>> 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: 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.

[[Page 123 STAT. 2938]]

       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 <<NOTE: Fees.>> 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), <<NOTE: 119 Stat. 531.>> is amended 
in the fourth paragraph under the heading ``Administrative Provisions'' 
by striking ``2011'' and inserting ``2015.''

    The Administrator is authorized to transfer up to $475,000,000 of 
the funds appropriated for the Great Lakes Initiative under the heading 
``Environmental Programs and Management'' to the head of any Federal 
department or agency, with the concurrence of such head, to carry out 
activities that would support the Great Lakes Restoration Initiative and 
Great Lakes Water Quality 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.
    From unobligated balances to carry out projects and activities 
funded through the ``State and Tribal Assistance Grants'' and 
``Hazardous Substance Superfund'' accounts, $40,000,000 are permanently 
rescinded: Provided, That no amounts may be rescinded from amounts that 
were designated by Congress as an emergency requirement pursuant to the 
Concurrent Resolution on the Budget or the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended.
     <<NOTE: Deadline. Study.>> Not later than 18 months after the date 
of enactment of this Act, the Administrator, in consultation with other 
Federal agencies, shall carry out and submit to Congress the results of 
a study on domestic and international black carbon emissions that shall 
include an inventory of the major sources of black carbon, an assessment 
of the impacts of black carbon on global and regional climate, an 
assessment of potential metrics and approaches for quantifying the 
climatic effects of black carbon emissions (including its radiative 
forcing and warming effects) and comparing those effects to the effects 
of carbon dioxide and other greenhouse gases, an identification of the 
most cost-effective approaches to reduce black carbon emissions, and an 
analysis of the climatic effects

[[Page 123 STAT. 2939]]

and other environmental and public health benefits of those approaches.

     <<NOTE: Applicability.>> For fiscal year 2010 the requirements of 
section 513 of the Federal Water Pollution Control Act (33 U.S.C. 1372) 
shall apply to the construction of treatment works carried out in whole 
or in part with assistance made available by a State water pollution 
control revolving fund as authorized by title VI of that Act (33 U.S.C. 
1381 et seq.), or with assistance made available under section 205(m) of 
that Act (33 U.S.C. 1285(m)), or both.

     <<NOTE: Applicability.>> For fiscal year 2010 the requirements of 
section 1450(e) of the Safe Drinking Water Act (42 U.S.C. 300j-9(e)) 
shall apply to any construction project carried out in whole or in part 
with assistance made available by a drinking water treatment revolving 
loan fund as authorized by section 1452 of that Act (42 U.S.C. 300j-12).

                                TITLE III

                            RELATED AGENCIES

                        DEPARTMENT OF AGRICULTURE

                             Forest Service

                      forest and rangeland research

    For necessary expenses of forest and rangeland research as 
authorized by law, $312,012,000, to remain available until expended: 
Provided, That of the funds provided, $66,939,000 is for the forest 
inventory and analysis program.

                       state and private forestry

    For necessary expenses of cooperating with and providing 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, $308,061,000, to remain 
available until expended, as authorized by law; of which $76,460,000 is 
to be derived from the Land and Water Conservation Fund; and of which 
$2,000,000 may be made available to the Pest and Disease Revolving Loan 
Fund established by section 10205(b) of the Food, Conservation, and 
Energy Act of 2008 (16 U.S.C. 2104a(b)).

                         national forest system

                     (including transfers of funds)

    For necessary expenses of the Forest Service, not otherwise provided 
for, for management, protection, improvement, and utilization of the 
National Forest System, $1,551,339,000, 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,

[[Page 123 STAT. 2940]]

That, through fiscal year 2012, the Secretary may authorize the 
expenditure or transfer of up to $10,000,000 to the Department of the 
Interior, Bureau of Land Management, for removal, 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.

capital improvement and <<NOTE: Roads.>> maintenance

                      (including transfer of funds)

    For necessary expenses of the Forest Service, not otherwise provided 
for, $556,053,000, to remain available until expended, for construction, 
capital improvement, maintenance and acquisition of buildings and other 
facilities and infrastructure; and for 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 $90,000,000 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 no <<NOTE: Notice. Public comment.>> funds shall be expended to 
decommission any system road until notice and an opportunity for public 
comment has been provided on each decommissioning project: Provided 
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.

                            land acquisition

    For expenses necessary to carry out the provisions of the Land and 
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 
through 11), including administrative expenses, and for acquisition of 
land or waters, or interest therein, in accordance with statutory 
authority applicable to the Forest Service, $63,522,000, to be derived 
from the Land and Water Conservation Fund and to remain available until 
expended.

         acquisition of lands for national forests special acts

    For acquisition of lands within the exterior boundaries of the 
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National 
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland 
National Forests, California, as authorized by law, $1,050,000, to be 
derived from forest receipts.

[[Page 123 STAT. 2941]]

             acquisition of lands to complete land exchanges

    For acquisition of lands, such sums, to be derived from funds 
deposited by State, county, or municipal governments, public school 
districts, or other public school authorities, and for authorized 
expenditures from funds deposited by non-Federal parties pursuant to 
Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967, as 
amended (16 U.S.C. 484a), to remain available until expended (16 U.S.C. 
460l-516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-591; and 
Public Law 78-310).

                          range betterment fund

    For necessary expenses of range rehabilitation, protection, and 
improvement, 50 percent of all moneys received during the prior fiscal 
year, as fees for grazing domestic livestock on lands in National 
Forests in the 16 Western States, pursuant to section 401(b)(1) of 
Public Law 94-579, as amended, to remain available until expended, of 
which not to exceed 6 percent shall be available for administrative 
expenses associated with on-the-ground range rehabilitation, protection, 
and improvements.

     gifts, donations and bequests for forest and rangeland research

    For expenses authorized by 16 U.S.C. 1643(b), $50,000, to remain 
available until expended, to be derived from the fund 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.

                        wildland fire management

                     (including transfers of funds)

    For necessary expenses for forest fire presuppression activities on 
National Forest System lands, for emergency fire suppression on or 
adjacent to such lands or other lands under fire protection agreement, 
hazardous fuels reduction on or adjacent to such lands, and for 
emergency rehabilitation of burned-over National Forest System lands and 
water, $2,103,737,000, to remain available until expended: Provided, 
That such funds including unobligated balances under this heading, are 
available for repayment of advances from other appropriations accounts 
previously transferred for such 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

[[Page 123 STAT. 2942]]

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, $350,285,000 is for hazardous fuels reduction activities, 
$11,600,000 is for rehabilitation and restoration, $23,917,000 is for 
research activities and to make competitive research grants pursuant to 
the Forest and Rangeland Renewable Resources Research Act, as amended 
(16 U.S.C. 1641 et seq.), $71,250,000 is for State fire assistance, 
$9,000,000 is for volunteer fire assistance, $20,752,000 is for forest 
health activities on Federal lands and $11,428,000 is for forest health 
activities on State and private lands: Provided further, That no less 
than $75,000,000 in prior-year wildfire suppression balances shall be 
made available in addition to amounts provided in this Act for that 
purpose: Provided further, That of the funds provided for hazardous 
fuels reduction, $10,000,000 shall be deposited in the Collaborative 
Forest Landscape Restoration Fund for ecological restoration treatments 
as authorized by 16 U.S.C. 7303(f): Provided further, That amounts in 
this paragraph may be transferred to the ``State and Private Forestry'', 
``National Forest System'', and ``Forest and Rangeland Research'' 
accounts to fund State fire assistance, volunteer fire assistance, 
forest health management, forest and rangeland research, the Joint Fire 
Science Program, vegetation and watershed management, heritage site 
rehabilitation, and wildlife and fish habitat management and 
restoration: <<NOTE: Notification. Transfer date.>> Provided further, 
That up to $15,000,000 of the funds provided under this heading for 
hazardous fuels treatments may be transferred to and made a part of the 
``National Forest System'' account at the sole discretion of the Chief 
30 days after notifying the House and the Senate Committees on 
Appropriations: Provided further, That the costs of implementing any 
cooperative agreement between the Federal Government and any non-Federal 
entity may be shared, as mutually agreed on by the affected parties: 
Provided further, That up to $15,000,000 of the funds provided herein 
may be used by the Secretary of Agriculture to enter into procurement 
contracts or cooperative agreements, or issue grants, for hazardous 
fuels 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 funds made available to implement 
the Community Forest Restoration Act, Public Law 106-393, title VI, 
shall be available for use on non-Federal lands in accordance with 
authorities made available to the Forest Service under the State and 
Private Forestry Appropriation: Provided 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

[[Page 123 STAT. 2943]]

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 <<NOTE: Assessments.>> designated for wildfire suppression shall 
be assessed for cost pools on the same basis as such assessments are 
calculated against other agency programs.

                 flame wildfire suppression reserve fund

                     (including transfers of funds)

    For deposit in the FLAME Wildfire Suppression Reserve Fund created 
in title V, section 502(b) of this Act, $413,000,000, to remain 
available until expended.

                administrative provisions, forest service

                     (including transfers of funds)

    Appropriations to the Forest Service for the current fiscal year 
shall be available for: (1) purchase of passenger motor vehicles; 
acquisition of passenger motor vehicles from excess sources, and hire of 
such vehicles; purchase, lease, operation, maintenance, and acquisition 
of aircraft from excess sources to maintain the operable fleet for use 
in Forest Service wildland fire programs and other Forest Service 
programs; notwithstanding other provisions of law, existing aircraft 
being replaced may be sold, with proceeds derived or trade-in value used 
to offset the purchase price for the 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 <<NOTE: Notification. Deadlines.>> 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 ``FLAME Wildfire Suppression 
Reserve Fund'' shall be fully obligated within 30 days: Provided, That 
all funds used pursuant to this paragraph must be replenished by a 
supplemental appropriation which must be requested as promptly as 
possible.

    Funds appropriated to the Forest Service shall be available for 
assistance to or through the Agency for International 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.

[[Page 123 STAT. 2944]]

    None <<NOTE: 16 USC 556i.>> of the funds made available to the 
Forest Service in this Act or any other Act with respect to any fiscal 
year shall be subject to transfer under the provisions of section 702(b) 
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257), 
section 442 of Public Law 106-224 (7 U.S.C. 7772), or section 10417(b) 
of Public Law 107-107 (7 U.S.C. 8316(b)).

    None of the funds available to the Forest Service may be 
reprogrammed without the advance approval of the House and Senate 
Committees on Appropriations in accordance with the reprogramming 
procedures contained in the joint explanatory statement of the managers 
accompanying this Act.
    Not more than $78,350,000 of funds available to the Forest Service 
shall be transferred to the Working Capital Fund of the Department of 
Agriculture and not more than $19,825,000 of funds available to the 
Forest Service shall be transferred to the 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 <<NOTE: Deadline.>> 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.

[[Page 123 STAT. 2945]]

    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 <<NOTE: Assessments.>> 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, <<NOTE: 119 Stat. 538.>> is amended by striking 
``2009'' and inserting ``2014''.

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

                          Indian Health Service

                         indian health services

    For expenses necessary to carry out the Act of August 5, 1954 (68 
Stat. 674), the Indian Self-Determination Act, the Indian Health Care 
Improvement Act, and titles II and III of the Public Health Service Act 
with respect to the Indian Health Service, $3,657,618,000, together with 
payments received during the fiscal year pursuant to 42 U.S.C. 238(b) 
and 238b for services furnished by the Indian Health Service: Provided, 
That funds made available to tribes and tribal organizations through 
contracts, grant 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:

[[Page 123 STAT. 2946]]

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 $18,251,000 is 
provided for Headquarters operations and information technology 
activities and, notwithstanding any other provision of law, the amount 
available under this proviso shall be allocated at the discretion of the 
Director of the Indian Health Service: <<NOTE: Loans.>> Provided 
further, That of the funds provided, up to $32,000,000 shall remain 
available until expended for implementation of the loan repayment 
program under section 108 of the Indian Health Care Improvement Act: 
Provided further, That $16,391,000 is provided for the methamphetamine 
and suicide prevention and treatment initiative and $10,000,000 is 
provided for the domestic violence prevention initiative and, 
notwithstanding any other provision of law, the amounts available under 
this proviso shall be allocated at the discretion of the Director of the 
Indian Health Service and shall remain available until expended: 
Provided further, That funds provided in this Act may be used for annual 
contracts and grants that fall within two fiscal years, provided the 
total obligation is recorded in the year the funds are 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, except 
for those related to the planning, design, or construction of new 
facilities: Provided further, That funding contained herein for 
scholarship programs under the Indian Health Care Improvement Act (25 
U.S.C. 1613) shall remain available until 
expended: <<NOTE: Reports.>> 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.

[[Page 123 STAT. 2947]]

                        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, renovation or expansion of health facilities for the 
benefit of an Indian tribe or tribes may be used to purchase land on 
which such facilities will be located: Provided further, That not to 
exceed $500,000 shall be used by the Indian Health Service to purchase 
TRANSAM 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, to remain available until 
expended, and be used by the Indian Health Service for the demolition of 
Federal buildings.

            administrative provisions, indian health service

    Appropriations provided in this Act to the Indian Health Service 
shall be available for services as authorized by 5 U.S.C. 3109 at rates 
not to exceed the per diem rate equivalent to the maximum rate payable 
for senior-level positions under 5 U.S.C. 5376; hire of passenger motor 
vehicles and aircraft; purchase of medical 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; uniforms or allowances therefor as authorized 
by 5 U.S.C. 5901-5902; and for expenses of attendance at meetings that 
relate to the functions or activities of the Indian Health Service.
    In accordance with the provisions of the Indian Health Care 
Improvement Act, non-Indian patients may be extended health care at all 
tribally administered or Indian Health Service facilities, subject to 
charges, and the proceeds along with funds recovered under the Federal 
Medical Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to the 
account of the facility providing the service and shall be available 
without fiscal year limitation. Notwithstanding any other law or 
regulation, funds transferred

[[Page 123 STAT. 2948]]

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 <<NOTE: Regulations. Budget request.>> of the funds made 
available to the Indian Health Service in this Act shall be used to 
implement the final rule published in the Federal Register on September 
16, 1987, by the Department of Health and Human Services, relating to 
the eligibility for the health care services of the Indian Health 
Service until the Indian Health Service has submitted a budget request 
reflecting the increased costs associated with the proposed final rule, 
and such request has been included in an appropriations Act and enacted 
into law.

    With respect to functions transferred by the Indian Health Service 
to tribes or tribal organizations, the Indian Health Service is 
authorized to provide goods and services to those entities on a 
reimbursable basis, including payments in advance with 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 
from which the funds were originally derived, with such amounts to 
remain available until expended.
    Reimbursements for training, technical assistance, or services 
provided by the Indian Health Service will contain total costs, 
including direct, administrative, and overhead associated with the 
provision of goods, services, or technical assistance.
    The <<NOTE: Notification.>> appropriation structure for the Indian 
Health Service may not be altered without advance notification to the 
House and Senate Committees on Appropriations.

                      National Institutes of Health

           national institute of environmental health sciences

    For necessary expenses for the National Institute of 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)

[[Page 123 STAT. 2949]]

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.

                         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 <<NOTE: Appointment.>> expenses, $3,159,000: Provided, 
That notwithstanding section 202 of the National Environmental Policy 
Act of 1970, the Council shall consist of one member, appointed by the 
President, by and with the advice and consent of the Senate, serving as 
chairman and exercising all powers, functions, and duties of the 
Council.

             Chemical Safety and Hazard Investigation Board

                          salaries and expenses

    For necessary expenses in carrying out activities pursuant to 
section 112(r)(6) of the Clean Air Act, as amended, including hire of 
passenger vehicles, uniforms or allowances therefor, as authorized by 5 
U.S.C. 5901-5902, and for services authorized by 5 U.S.C.

[[Page 123 STAT. 2950]]

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, $11,147,000: <<NOTE: Government positions.>> Provided, That the 
Chemical Safety and Hazard Investigation Board (Board) shall have not 
more than three career Senior Executive Service positions: Provided 
further, That <<NOTE: 5 USC app. 8G note.>> 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 <<NOTE: Study.>> of 
the funds appropriated under this heading, $600,000 shall be for a study 
by the National Academy of Sciences to examine the use and storage of 
methyl isocyanate including the feasibility of implementing alternative 
chemicals or processes and an examination of the cost of alternatives at 
the Bayer CropScience facility in Institute, West Virginia.

               Office of Navajo and Hopi Indian Relocation

                          salaries and expenses

    For necessary expenses of the Office of Navajo and Hopi Indian 
Relocation as authorized by Public Law 93-531, $8,000,000, to remain 
available until expended: Provided, That funds provided in this or any 
other appropriations Act are to be used to relocate eligible individuals 
and groups including evictees from District 6, Hopi-partitioned lands 
residents, those in significantly substandard housing, and all others 
certified as eligible and not included in the preceding categories: 
Provided further, That none of the funds contained in this or any other 
Act may be used by the Office of Navajo and Hopi Indian Relocation to 
evict any single Navajo or Navajo family who, as of November 30, 1985, 
was physically domiciled on the lands partitioned to the Hopi Tribe 
unless a new or replacement home is provided for such household: 
Provided further, That no relocatee will be provided with more than one 
new or replacement home: Provided further, That the Office shall 
relocate any certified eligible relocatees who have selected and 
received an approved homesite on the Navajo reservation or selected a 
replacement residence off the Navajo reservation or on the land acquired 
pursuant to 25 U.S.C. 640d-10.

    Institute of American Indian and Alaska Native Culture and Arts 
                               Development

                        payment to the institute

    For payment to the Institute of American Indian and Alaska Native 
Culture and Arts Development, as authorized by title XV of Public Law 
99-498, as amended (20 U.S.C. 56 part A), $8,300,000.

[[Page 123 STAT. 2951]]

                         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 agreements of no 
more than 30 years, and protection of buildings, facilities, and 
approaches; not to exceed $100,000 for services as authorized by 5 
U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for 
employees, $636,161,000, to remain available until September 30, 2011, 
except as otherwise provided herein; of which not to exceed $19,117,000 
for the instrumentation program, collections acquisition, exhibition 
reinstallation, the National Museum of African American History and 
Culture, and the repatriation of skeletal remains program shall remain 
available until expended; of which $1,553,000 is for fellowships and 
scholarly awards; of which $250,000 may be made available to carry out 
activities under the Civil Rights History Project Act of 2009 (20 U.S.C. 
80s et seq.), to remain available until expended; and including such 
funds as may be necessary to support American overseas research 
centers: <<NOTE: Contracts.>> 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, 
$125,000,000, to remain available until expended, of which not to exceed 
$10,000 is for services as authorized by 5 U.S.C. 3109.

                               legacy fund

                     (including rescission of funds)

    For the purpose of developing a public-private partnership to 
facilitate the reopening of the Arts and Industries Building of the 
Smithsonian Institution, $30,000,000, to remain available until 
expended, for repair, renovation and revitalization of the building: 
Provided, That such funds shall be matched on a 1:1 basis by private 
donations: Provided further, That major in-kind donations that 
contribute significantly to the redesign and purpose of the reopened 
building be considered to qualify toward the total private match: 
Provided further, That privately contributed endowments, which are 
designated for the care and renewal of permanent exhibitions installed 
in the Arts and Industries Building, be considered as qualifying toward 
the total private match: Provided further, That this appropriation may 
be made available to the Smithsonian

[[Page 123 STAT. 2952]]

Institution incrementally as private 
funding <<NOTE: Applicability.>> becomes available: Provided further, 
That any other provision of law that adjusts the overall amount of the 
Federal appropriation for this account shall also apply to the privately 
contributed requirement: Provided further, That the unobligated balances 
provided under this heading in Public Law 110-161 and Public Law 111-8 
are hereby rescinded.

                         National Gallery of Art

                          salaries and expenses

    For the upkeep and operations of the National Gallery of Art, the 
protection and care of the works of art therein, and 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 for repair of the National Gallery's East 
Building facade: Provided further, That notwithstanding any other 
provision of law, a single procurement for the foregoing Major Critical 
Project may be issued which includes the full scope of the project: 
Provided further, That the solicitation and contract shall contain the 
clause ``availability of funds'' found at 48 CFR 52.232.18: Provided 
further, That contracts awarded for environmental systems, protection 
systems, and 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,

[[Page 123 STAT. 2953]]

$23,000,000: Provided, That of the funds included under this heading, 
$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, $167,500,000 shall be 
available to the National Endowment for the Arts for the support of 
projects and productions in the arts, including arts education and 
public outreach activities, through assistance to organizations and 
individuals pursuant to section 5 of the Act, for program support, and 
for administering the functions of the Act, to remain available until 
expended.

                  National Endowment for the Humanities

                        grants and administration

    For necessary expenses to carry out the National Foundation on the 
Arts and the Humanities Act of 1965, as amended, $167,500,000, to remain 
available until expended, of which $153,200,000 shall be available for 
support of activities in the humanities, pursuant to section 7(c) of the 
Act and for administering the functions of the Act; and $14,300,000 
shall be available to carry out the matching grants program pursuant to 
section 10(a)(2) of the Act including $9,500,000 for the purposes of 
section 7(h): Provided, That appropriations for carrying out section 
10(a)(2) shall be available for obligation only in such amounts as may 
be equal to the total amounts of gifts, bequests, and devises of money, 
and other property accepted by the chairman or by grantees of the 
Endowment under the provisions of subsections 11(a)(2)(B) and 
11(a)(3)(B) during the current and preceding fiscal years for which 
equal amounts have not previously been appropriated.

                        administrative provisions

    None of the funds appropriated to the National Foundation on the 
Arts and the Humanities may be used to process any grant

[[Page 123 STAT. 2954]]

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.

                         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 Nation's 
Capital or the history and activities of the Commission of Fine Arts, 
for the purpose of artistic display, study or education.

               national capital arts and cultural affairs

    For necessary expenses as authorized by Public Law 99-190 (20 U.S.C. 
956a), as amended, $9,500,000.

                Advisory Council on Historic Preservation

                          salaries and expenses

    For necessary expenses of the Advisory Council on Historic 
Preservation (Public Law 89-665, as amended), $5,908,000: Provided, That 
none of these funds shall be available for compensation of level V of 
the Executive Schedule or higher positions.

                  National Capital Planning Commission

                          salaries and expenses

    For necessary expenses, as authorized by the National Capital 
Planning Act of 1952 (40 U.S.C. 71-71i), including services as 
authorized by 5 U.S.C. 3109, $8,507,000: Provided, That one-quarter of 1 
percent of the funds provided under this heading may be used for 
official reception and representational expenses associated with hosting 
international visitors engaged in the planning and physical development 
of world capitals.

[[Page 123 STAT. 2955]]

                 United States Holocaust Memorial Museum

                        holocaust memorial museum

    For expenses of the Holocaust Memorial Museum, as authorized by 
Public Law 106-292 (36 U.S.C. 2301-2310), $49,122,000, of which $515,000 
for the Museum's equipment replacement program, $1,900,000 for the 
museum's repair and rehabilitation program, and $1,264,000 for the 
museum's exhibition design and production program shall remain available 
until expended.

                             Presidio Trust

                           presidio trust fund

    For necessary expenses to carry out title I of the Omnibus Parks and 
Public Lands Management Act of 1996, $23,200,000 shall be available to 
the Presidio Trust, to remain available until expended.

                Dwight D. Eisenhower Memorial Commission

                          salaries and expenses

    For necessary expenses, including the costs of construction design, 
of the Dwight D. Eisenhower Memorial Commission, $3,000,000, to remain 
available until expended.

                          capital construction

    For necessary expenses of the Dwight D. Eisenhower Memorial 
Commission for design and construction of a memorial in honor of Dwight 
D. Eisenhower, as authorized by Public Law 106-79, $16,000,000, to 
remain available until expended.

                                TITLE IV

                           GENERAL PROVISIONS

                     (including transfers of funds)

                    limitation on consulting services

    Sec. 401.  <<NOTE: Contracts.>> 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.

                       restriction on use of funds

    Sec. 402.  <<NOTE: Lobbying.>> 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.

[[Page 123 STAT. 2956]]

                      obligation of appropriations

    Sec. 403.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.

            prohibition on use of funds for personal services

    Sec. 404.  None of the funds provided in this Act to any 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.

                  disclosure of administrative expenses

    Sec. 405.  <<NOTE: Budget estimates.>> 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.

                              giant sequoia

    Sec. 406.  None of the funds in this Act may be used to plan, 
prepare, or offer for sale timber from trees classified as giant sequoia 
(Sequoiadendron giganteum) which are located on National Forest System 
or Bureau of Land Management lands in a manner different than such sales 
were conducted in fiscal year 2009.

                       transfer of funds authority

    Sec. 407.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government except pursuant to a transfer made by, or transfer 
provided in, this Act or any other Act.

                           mining applications

    Sec. 408. <<NOTE: Patents.>> (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.-- <<NOTE: Determination.>> 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.

[[Page 123 STAT. 2957]]

    (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 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.

                         contract support costs

    Sec. 409.  Notwithstanding any other provision of law, amounts 
appropriated to or otherwise designated in committee reports for the 
Bureau of Indian Affairs and the Indian Health Service by Public Laws 
103-138, 103-332, 104-134, 104-208, 105-83, 105-277, 106-113, 106-291, 
107-63, 108-7, 108-108, 108-447, 109-54, 109-289, division B and 
Continuing Appropriations Resolution, 2007 (division B of Public Law 
109-289, as amended by Public Laws 110-5 and 110-28), Public Laws 110-
92, 110-116, 110-137, 110-149, 110-161, 110-329, 111-6, and 111-8 for 
payments for contract support costs associated with self-determination 
or self-governance contracts, grants, compacts, or annual funding 
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, tribes and tribal organizations may use their tribal 
priority allocations for unmet contract support costs of ongoing 
contracts, grants, self-governance compacts, or annual funding 
agreements.

                         forest management plans

    Sec. 410.  <<NOTE: 16 USC 1604 note.>> 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.

[[Page 123 STAT. 2958]]

                  prohibition within national monuments

    Sec. 411.  No funds provided in this Act may be expended to conduct 
preleasing, leasing and related activities under either the Mineral 
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands 
Act (43 U.S.C. 1331 et seq.) within the boundaries of a National 
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431 
et seq.) as such boundary existed on January 20, 2001, except where such 
activities are allowed under the Presidential proclamation establishing 
such monument.

            international firefighter cooperative agreements

    Sec. 412.  <<NOTE: Wildfires.>> 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 immunity under laws applicable to 
it, it shall assume any and all liability for the United States or for 
any legal organization associated with the American firefighter, and for 
any and all costs incurred or assessed, including legal fees, for any 
act or omission pertaining to or arising out of the firefighter's role 
in fire suppression or presuppression.

                         contracting authorities

    Sec. 413.  <<NOTE: Urban and rural areas.>> 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

[[Page 123 STAT. 2959]]

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: <<NOTE: Guidelines.>> 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.

                          limitation on takings

    Sec. 414.  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: Provided, That this provision shall not apply to funds 
appropriated to implement the Everglades National Park Protection and 
Expansion Act of 1989, or to funds appropriated for Federal assistance 
to the State of Florida to acquire lands for Everglades restoration 
purposes.

                   hunters point environmental cleanup

    Sec. 415.  In addition to the amounts otherwise provided to the 
Environmental Protection Agency in this Act, $8,000,000, to remain 
available until expended, is provided to EPA to be transferred to the 
Department of the Navy for clean-up activities at the Treasure Island 
Naval Station--Hunters Point Annex.

                      extension of grazing permits

    Sec. 416.  The terms and conditions of section 325 of Public Law 
108-108, regarding grazing permits at the Department of the Interior and 
the Forest Service shall remain in effect for fiscal year 2010.

                 national council on the arts membership

    Sec. 417.  Section 6 of the National Foundation on the Arts and the 
Humanities Act of 1965 (Public Law 89-209, 20 U.S.C. 955), as amended, 
is further amended as follows:
            (1) In the first sentence of subsection (b)(1)(C), by 
        striking ``14'' and inserting in lieu thereof ``18''; and
            (2) In the second sentence of subsection (d)(1), by striking 
        ``Eight'' and inserting in lieu thereof ``Ten''.

[[Page 123 STAT. 2960]]

        national capital arts and cultural affairs authorization

    Sec. 418.  The item relating to ``National Capital Arts and Cultural 
Affairs'' in the Department of the Interior and Related Agencies 
Appropriations Act, 1986, as enacted into law by section 101(d) of 
Public Law 99-190 (99 Stat. 1261; 20 U.S.C. 956a), is amended--
            (1) in the second sentence of the first paragraph, by 
        striking ``$7,500,000'' and inserting ``$10,000,000''; and
            (2) in the second sentence of the fourth paragraph, by 
        striking ``$500,000'' and inserting ``$650,000''.

                   alaska native health care services

    Sec. 419. (a) Notwithstanding any other provision of law and until 
October 1, 2011, the Indian Health Service may not disburse funds for 
the provision of health care services pursuant to Public Law 93-638 (25 
U.S.C. 450 et seq.) to any Alaska Native village or Alaska Native 
village corporation that is located within the area served by an Alaska 
Native regional health entity.
    (b) Nothing in this section shall be construed to prohibit the 
disbursal of funds to any Alaska Native village or Alaska Native village 
corporation under any contract or compact entered into prior to May 1, 
2006, or to prohibit the renewal of any such agreement.
    (c) For the purpose of this section, Eastern Aleutian Tribes, Inc., 
the Council of Athabascan Tribal Governments, and the Native Village of 
Eyak shall be treated as Alaska Native regional health entities to which 
funds may be disbursed under this section.

            extension of forest botanical product authorities

    Sec. 420.  Section 339(h) of the Department of the Interior and 
Related Agencies Appropriations <<NOTE: 16 USC 528 note.>> 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''.

                        timber sale requirements

    Sec. 421.  The Forest Service shall use the residual value approach 
to appraising all timber sales in Alaska's Region 10 that contain a 
component of Western red cedar and shall only offer sales that contain a 
component of Western red cedar that are not deficit. Western red cedar 
shall be appraised using lower 48 State domestic values if the timber 
might be eligible for shipment to the lower 48 States. All of the 
Western red cedar timber from those sales which is surplus to the needs 
of domestic processors in Alaska shall be made available to domestic 
processors in the contiguous 48 United States at prevailing domestic 
prices in the contiguous 48 United 
States. <<NOTE: Determination.>> Western red cedar shall be deemed 
``surplus to the needs of domestic processors in Alaska'' if the Forest 
Service determines it is surplus or if the timber sale holder has 
presented to the Forest Service documentation that the Forest Service 
determines is valid of the inability to sell Western red cedar logs from 
a given sale to domestic Alaska processors at a price equal to or 
greater than the log selling value stated in the contract. All 
additional Western red cedar volume not sold

[[Page 123 STAT. 2961]]

to Alaska or to contiguous 48 United States domestic processors may be 
exported to foreign markets if the Forest Service determines it is 
surplus to the needs of the 50 States. All Alaska yellow cedar may be 
sold at prevailing export prices if the Forest Service determines it is 
surplus to the needs of the 50 States.

               colorado cooperative conservation authority

    Sec. 422.  Section 331(e) of the Department of the Interior and 
Related Agencies Appropriations Act, 2001, (Public Law 106-291), as 
added by section 336 of division E of the Consolidated Appropriations 
Act, 2005 (Public Law 108-447), <<NOTE: 118 Stat. 3102.>> concerning 
cooperative forestry agreements known as the Colorado Good Neighbor Act 
Authority is amended by striking ``September 30, 2009'' and inserting 
``September 30, 2013''.

                       geothermal energy receipts

    Sec. 423.  All monies received by the United States in fiscal year 
2010 from sales, bonuses, rentals, and royalties under the Geothermal 
Steam Act of 1970 shall be disposed of as provided by section 20 of that 
Act (30 U.S.C. 1019), as in effect immediately before enactment of the 
Energy Policy Act of 2005 (Public Law 109-58), and without regard to the 
amendments contained in sections 224(b) and section 234 of the Energy 
Policy Act of 2005 (42 U.S.C. 17673).

                       prohibition on use of funds

    Sec. 424.  Notwithstanding any other provision of law, none of the 
funds made available in this Act or any other Act may be used to 
promulgate or implement any regulation requiring the issuance of permits 
under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for carbon 
dioxide, nitrous oxide, water vapor, or methane emissions resulting from 
biological processes associated with livestock production.

                  greenhouse gas reporting restrictions

    Sec. 425.  Notwithstanding any other provision of law, none of the 
funds made available in this or any other Act may be used to implement 
any provision in a rule, if that provision requires mandatory reporting 
of greenhouse gas emissions from manure management systems.

                  report on use of climate change funds

    Sec. 426.  <<NOTE: President.>> 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 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.

[[Page 123 STAT. 2962]]

                       prohibition on use of funds


    Sec. 427. None of the funds made available under this Act may be 
distributed to the Association of Community Organizations for Reform Now 
(ACORN) or its subsidiaries.

guantanamo bay detainees, funding <<NOTE: Cuba.>> restrictions

    Sec. 428. (a) None of the funds made available in this or any other 
Act may be used to release an individual who is detained, as of June 24, 
2009, at Naval Station, Guantanamo Bay, Cuba, into the continental 
United States, Alaska, Hawaii, or the District of Columbia, into any of 
the United States territories of Guam, American Samoa (AS), the United 
States Virgin Islands (USVI), the Commonwealth of Puerto Rico and the 
Commonwealth of the Northern Mariana Islands (CNMI).
    (b) None of the funds made available in this or any other Act may be 
used to transfer an individual who is detained, as of June 24, 2009, at 
Naval Station, Guantanamo Bay, Cuba, into the continental United States, 
Alaska, Hawaii, or the District of Columbia, into any of the United 
States territories of Guam, 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 purpose of 
detention, except as provided in subsection (c).
    (c) None of the funds made available in this or any other Act may be 
used to transfer an individual who is detained, as of June 24, 2009, at 
Naval Station, Guantanamo Bay, Cuba, into the continental United States, 
Alaska, Hawaii, or the District of Columbia, into any of the United 
States territories of Guam, 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 
prosecuting such individual, or detaining such individual during legal 
proceedings, until 45 days after the plan described in subsection (d) is 
received.
    (d) <<NOTE: President. Classified information. Plan.>> The President 
shall submit to Congress, in classified form, a plan regarding the 
proposed disposition of any individual covered by subsection (c) who is 
detained as of June 24, 2009. Such plan shall include, at a minimum, 
each of the following for each such individual:
            (1) A determination of the risk that the individual might 
        instigate an act of terrorism within the continental United 
        States, Alaska, Hawaii, the District of Columbia, or the United 
        States territories if the individual were so transferred.
            (2) A determination of the risk that the individual might 
        advocate, coerce, or incite violent extremism, ideologically 
        motivated criminal activity, or acts of terrorism, among inmate 
        populations at incarceration facilities within the continental 
        United States, Alaska, Hawaii, the District of Columbia, or the 
        United States territories if the individual were transferred to 
        such a facility.
            (3) The costs associated with transferring the individual in 
        question.
            (4) The legal rationale and associated court demands for 
        transfer.
            (5) A plan for mitigation of any risks described in 
        paragraphs (1), (2), and (7).

[[Page 123 STAT. 2963]]

            (6) <<NOTE: Notification. Deadline.>> A copy of a 
        notification to the Governor of the State to which the 
        individual will be transferred, to the Mayor of the District of 
        Columbia if the individual will be transferred to the District 
        of Columbia, or to any United States territories with a 
        certification by the Attorney General of the United States in 
        classified form at least 14 days prior to such transfer 
        (together with supporting documentation and justification) that 
        the individual poses little or no security risk to the United 
        States.
            (7) An assessment of any risk to the national security of 
        the United States or its citizens, including members of the 
        Armed Services of the United States, that is posed by such 
        transfer and the actions taken to mitigate such risk.

    (e) <<NOTE: President. Classified 
information. Submission. Deadline.>> None of the funds made available in 
this or any other Act may be used to transfer or release an individual 
detained at Naval Station, Guantanamo Bay, Cuba, as of June 24, 2009, to 
the country of such individual's nationality or last habitual residence 
or to any other country other than the United States or to a freely 
associated State, unless the President submits to the Congress, in 
classified form, at least 15 days prior to such transfer or release, the 
following information:
            (1) The name of any individual to be transferred or released 
        and the country or the freely associated State to which such 
        individual is to be transferred or released.
            (2) An assessment of any risk to the national security of 
        the United States or its citizens, including members of the 
        Armed Services of the United States, that is posed by such 
        transfer or release and the actions taken to mitigate such risk.
            (3) The terms of any agreement with the country or the 
        freely associated State for the acceptance of such individual, 
        including the amount of any financial assistance related to such 
        agreement.

    (f) <<NOTE: Definition.>> In this section, the term ``freely 
associated States'' means the Federated States of Micronesia (FSM), the 
Republic of the Marshall Islands (RMI), and the Republic of Palau.

    (g) <<NOTE: President. Classified information. Reports.>> Prior to 
the termination of detention operations at Naval Station, Guantanamo 
Bay, Cuba, the President shall submit to the Congress a report in 
classified form describing the disposition or legal status of each 
individual detained at the facility as of the date of enactment of this 
Act.

<<NOTE: Nevada.>> jungo disposal site evaluation

    Sec. 429.  Using funds made available under this Act, the Director 
of the United States Geological Survey may conduct an evaluation of the 
aquifers in the area of the Jungo Disposal Site in Humboldt County, 
Nevada (referred to in this section as the ``site''), to evaluate--
            (1) how long it would take waste seepage (including 
        asbestos, discarded tires, and sludge from water treatment 
        plants) from the site to contaminate local underground water 
        resources;
            (2) the distance that contamination from the site would 
        travel in each of--
                    (A) 95 years; and
                    (B) 190 years;

[[Page 123 STAT. 2964]]

            (3) the potential impact of expected waste seepage from the 
        site on nearby surface water resources, including Rye Patch 
        Reservoir and the Humboldt River;
            (4) the size and elevation of the aquifers; and
            (5) any impact that the waste seepage from the site would 
        have on the municipal water resources of Winnemucca, Nevada.


<<NOTE: Kansas.>> buyout and relocation

    Sec. 430.  (a) As soon as practicable after the date of enactment of 
this Act, the Administrator of the Environmental Protection Agency 
(referred to in this section as the ``Administrator'') is encouraged to 
consider all appropriate criteria relating to the buyout and relocation 
of residents of properties in Treece, Kansas, that are subject to risk 
relating to, and that may endanger the health of occupants as a result 
of risks posed by, chat (as defined in section 278.1(b) of title 40, 
Code of Federal Regulations (as in effect on the date of enactment of 
this Act)).
    (b) For the purpose of the remedial action under the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9601 et seq.) that includes permanent relocation of residents of 
Treece, Kansas, any such relocation shall not be subject to the Uniform 
Relocation Assistance and Real Property Acquisition Policies Act of 1970 
(42 U.S.C. 4601 et seq.).
    (c) Nothing in this section shall in any way affect, impede, or 
change the relocation or remediation activities pursuant to the Record 
of Decision Operable Unit 4, Chat Piles, Other Mine and Mill Waste, and 
Smelter Waste, Tar Creek Superfund Site, Ottawa County, Oklahoma 
(OKD980629844) issued by the Environmental Protection Agency Region 6 on 
February 20, 2008, or any other previous Record of Decision at the Tar 
Creek, Oklahoma, National Priority List Site, by any Federal agency or 
through any funding by any Federal agency.

                   agricultural research authorization

    Sec. 431.  Section 404(c) of the Agricultural Research, Extension, 
and Education Reform Act of 1998 (7 U.S.C. 7624(c)) is amended--
            (1) in paragraph (1), by striking ``Agricultural Research 
        Service'' and inserting ``Agricultural Research Service and the 
        Forest Service''; and
            (2) by adding at the end the following:
            ``(3) Authority of secretary.--To carry out a cooperative 
        agreement with a private entity under paragraph (1), the 
        Secretary may rent to the private entity equipment, the title of 
        which is held by the Federal Government.''.

                       national forest foundation

    Sec. 432.  Section 403(a) of the National Forest Foundation Act (16 
U.S.C. 583j-1(a)) is amended, in the first sentence, by striking 
``fifteen Directors'' and inserting ``not more than 30 Directors''.

[[Page 123 STAT. 2965]]

                             cabin user fees


    Sec. 433. Notwithstanding any other provision of law, none of the 
funds made available by this or any other Act may be used by the 
Secretary of Agriculture to increase a recreation residence user fee for 
calendar year 2010 by more than 25 percent of the recreation residence 
user fee applicable to the recreation residence for calendar year 2009.

                     prohibition on no-bid contracts

    Sec. 434.  None of the funds appropriated or otherwise made 
available by this Act to executive branch agencies may be used to enter 
into any Federal contract unless such contract is entered into in 
accordance with the requirements of the Federal Property and 
Administrative Service Act of 1949 (41 U.S.C. 253) or chapter 137 of 
title 10, United States Code, and the Federal Acquisition Regulations, 
unless:
            (1) Federal law specifically authorizes a contract to be 
        entered into without regard for these requirements, including 
        formula grants for States, or federally recognized Indian 
        tribes; or
            (2) such contract is authorized by the Indian Self-
        Determination and Education and Assistance Act (Public Law 93-
        638, 25 U.S.C. 450 et seq., as amended) or by any other Federal 
        laws that specifically authorize a contract within an Indian 
        tribe as defined in section 4(e) of that Act (25 U.S.C. 
        450b(e)); or
            (3) such contract was awarded prior to the date of enactment 
        of this Act.

                           posting of reports

    Sec. 435. (a) <<NOTE: Web posting.>> Any agency receiving funds made 
available in this Act, shall, subject to subsections (b) and (c), post 
on the public website of that agency any report required to be submitted 
by the Congress in this or any other Act, upon the determination by the 
head of the agency that it shall serve the national interest.

    (b) Subsection (a) shall not apply to a report if--
            (1) the public posting of the report compromises national 
        security; or
            (2) the report contains proprietary information.

    (c) The head of the agency posting such report shall do so only 
after such report has been made available to the requesting Committee or 
Committees of Congress for no less than 45 days.

                national conservation area map amendment

    Sec. 436.  Section 1971(1) of the Omnibus Public Land Management Act 
of 2009 <<NOTE: Ante, p. 1075.>> (16 U.S.C. 460www note; Public Law 111-
11) is amended by striking ``December 18, 2008'' and inserting 
``September 20, 2009''.


                        tar creek superfund site


    Sec. 437.  (a) In General.--To expedite the cleanup of the Federal 
land and Indian land at the Tar Creek Superfund Site (referred to in 
this section as the ``site''), any purchase of chat

[[Page 123 STAT. 2966]]

(as defined in section 278.1(b) of title 40, Code of Federal Regulations 
(or a successor regulation)), from the site shall be--
            (1) counted at twice the purchase price of the chat; and
            (2) eligible to be counted toward meeting the federally 
        required disadvantaged business enterprise set-aside on 
        federally funded projects.

    (b) Restricted Indian Owners.--Subsection (a) shall only apply if 
the purchase of chat is made from 1 or more restricted Indian owners or 
an Indian tribe.
    (c) Applicable Law.--The use of chat acquired under subsection (a) 
shall conform with applicable laws (including the regulations for the 
use of chat promulgated by the Administrator of the Environmental 
Protection Agency).

            national endowment for the arts grant guidelines

    Sec. 438.  Of the funds provided to the National Endowment for the 
Arts--
            (1) The Chairperson shall only award a grant to an 
        individual if such grant is awarded to such individual for a 
        literature fellowship, National Heritage Fellowship, or American 
        Jazz Masters Fellowship.
            (2) <<NOTE: Procedures.>> The Chairperson shall establish 
        procedures to ensure that no funding provided through a grant, 
        except a grant made to a State or local arts agency, or regional 
        group, may be used to make a grant to any other organization or 
        individual to conduct activity independent of the direct grant 
        recipient. Nothing in this subsection shall prohibit payments 
        made in exchange for goods and services.
            (3) No grant shall be used for seasonal support to a group, 
        unless the application is specific to the contents of the 
        season, including identified programs and/or projects.

           national endowment for the arts program priorities

    Sec. 439. (a) In providing services or awarding financial assistance 
under the National Foundation on the Arts and the Humanities Act of 1965 
from funds appropriated under this Act, the Chairperson of the National 
Endowment for the Arts shall ensure that priority is given to providing 
services or awarding financial assistance for projects, productions, 
workshops, or programs that serve underserved populations.
    (b) <<NOTE: Definitions.>> In this section:
            (1) The term ``underserved population'' means a population 
        of individuals, including urban minorities, who have 
        historically been outside the purview of arts and humanities 
        programs due to factors such as a high incidence of income below 
        the poverty line or to geographic isolation.
            (2) The term ``poverty line'' means the poverty line (as 
        defined by the Office of Management and Budget, and revised 
        annually in accordance with section 673(2) of the Community 
        Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a 
        family of the size involved.

    (c) In providing services and awarding financial assistance under 
the National Foundation on the Arts and Humanities Act of 1965 with 
funds appropriated by this Act, the Chairperson of the National 
Endowment for the Arts shall ensure that priority is given to providing 
services or awarding financial assistance for

[[Page 123 STAT. 2967]]

projects, productions, workshops, or programs that will encourage public 
knowledge, education, understanding, and appreciation of the arts.
    (d) <<NOTE: Grants.>> With funds appropriated by this Act to carry 
out section 5 of the National Foundation on the Arts and Humanities Act 
of 1965--
            (1) the Chairperson shall establish a grant category for 
        projects, productions, workshops, or programs that are of 
        national impact or availability or are able to tour several 
        States;
            (2) the Chairperson shall not make grants exceeding 15 
        percent, in the aggregate, of such funds to any single State, 
        excluding grants made under the authority of paragraph (1);
            (3) <<NOTE: Reports.>> the Chairperson shall report to the 
        Congress annually and by State, on grants awarded by the 
        Chairperson in each grant category under section 5 of such Act; 
        and
            (4) the Chairperson shall encourage the use of grants to 
        improve and support community-based music performance and 
        education.

           energy and water development, technical correction

    Sec. 440.  Section 208(a)(2)(E) of the Energy and Water Development 
and Related Agencies Appropriations Act, 2010 <<NOTE: Ante, p. 
2858.>> is amended by striking ``$45,000,000'' and inserting 
``$5,000,000''.

                      awards to for-profit entities

    Sec. 441.  Specific projects contained in the report of the 
Committee on Appropriations of the House of Representatives accompanying 
this Act (H. Rept. 111-180) that are considered congressional earmarks 
for purposes of clause 9 of rule XXI of the Rules of the House of 
Representatives, when intended to be awarded to a for-profit entity, 
shall be awarded under a full and open competition.

                       prohibition on use of funds

    Sec. 442.  None of the funds made available for the Environmental 
Protection Agency in this Act may be expended by the Administrator of 
the Environmental Protection Agency to issue a final rule that includes 
fuel sulfur standards applicable to existing steamships that operate 
exclusively within the Great Lakes, and their connecting and tributary 
waters.

                      authorization for refinancing

    Sec. 443.  The Administrator of the Environmental Protection Agency 
shall allow the State of Mississippi to refinance the Clean Water State 
Revolving Loans made to the Hancock Water and Sewer District and the 
Hancock Utility Authority for a period not to exceed one year with the 
payment schedule amortized over that additional period.

           incorporation of congressionally requested projects

    Sec. 444.  Within the amounts appropriated in this Act, funding 
shall be allocated in the amounts specified for those projects and

[[Page 123 STAT. 2968]]

purposes delineated in the table titled ``Incorporation of 
Congressionally Requested Projects'' included in the joint explanatory 
statement of the managers accompanying this Act, except that such 
funding appropriated for land acquisition, construction, and capital 
improvement and maintenance may be reallocated to other projects in that 
table funded by the same appropriation account if such reallocation has 
been approved by the House and Senate Committees on Appropriations; and, 
such funding appropriated for ``National Park Service--Historic 
Preservation Fund'' for Save America's Treasures grants may be 
reallocated to be used for competitive grants under the Save America's 
Treasures program if such reallocation has been approved by the House 
and Senate Committees on Appropriations.

 TITLE V-- <<NOTE: Federal Land Assistance, Management, and Enhancement 
Act of 2009.>> FLAME ACT OF 2009
SEC. 501. <<NOTE: 43 USC 1701 note.>> SHORT TITLE.

    This title may be cited as the ``Federal Land Assistance, 
Management, and Enhancement Act of 2009'' or ``FLAME Act of 2009''.
SEC. 502. <<NOTE: 43 USC 1748a.>> FLAME WILDFIRE SUPPRESSION 
                        RESERVE FUNDS.

    (a) Definitions.--In this section:
            (1) Federal land.--The term ``Federal land'' means--
                    (A) public land, as defined in section 103 of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1702);
                    (B) units of the National Park System;
                    (C) refuges of the National Wildlife Refuge System;
                    (D) land held in trust by the United States for the 
                benefit of Indian tribes or members of an Indian tribe; 
                and
                    (E) land in the National Forest System, as defined 
                in section 11(a) of the Forest and Rangeland Renewable 
                Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
            (2) FLAME fund.--The term ``FLAME Fund'' means a FLAME 
        Wildfire Suppression Reserve Fund established by subsection (b).
            (3) Relevant congressional committees.--The term ``relevant 
        congressional committees'' means the Committee on 
        Appropriations, the Committee on Natural Resources, and the 
        Committee on Agriculture of the House of Representatives and the 
        Committee on Appropriations, the Committee on Energy and Natural 
        Resources, and the Committee on Indian Affairs of the Senate.
            (4) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of the Interior, with respect to--
                          (i) Federal land described in subparagraphs 
                      (A), (B), (C), and (D) of paragraph (1); and
                          (ii) the FLAME Fund established for the 
                      Department of the Interior; and
                    (B) the Secretary of Agriculture, with respect to--
                          (i) National Forest System land; and
                          (ii) the FLAME Fund established for the 
                      Department of the Agriculture.

[[Page 123 STAT. 2969]]

    (b) Establishment of FLAME Funds.--There is established in the 
Treasury of the United States the following accounts:
            (1) The FLAME Wildfire Suppression Reserve Fund for the 
        Department of the Interior.
            (2) The FLAME Wildfire Suppression Reserve Fund for the 
        Department of Agriculture.

    (c) Purpose of FLAME Funds.--The FLAME Funds shall be available to 
cover the costs of large or complex wildfire events and as a reserve 
when amounts provided for wildfire suppression and Federal emergency 
response in the Wildland Fire Management appropriation accounts are 
exhausted.
    (d) Funding.--
            (1) Credits to funds.--A FLAME Fund shall consist of the 
        following:
                    (A) Such amounts as are appropriated to that FLAME 
                Fund.
                    (B) Such amounts as are transferred to that FLAME 
                Fund under paragraph (5).
            (2) Authorization of appropriations.--
                    (A) Authorization of appropriations.--There are 
                authorized to be appropriated to the FLAME Funds such 
                amounts as are necessary to carry out this section.
                    (B) Congressional intent.--It is the intent of 
                Congress that, for fiscal year 2011 and each fiscal year 
                thereafter, the amounts requested by the President for a 
                FLAME Fund should be not less than the amount estimated 
                by the Secretary concerned as the amount necessary for 
                that fiscal year for wildfire suppression activities of 
                the Secretary that meet the criteria specified in 
                subsection (e)(2)(B)(i).
                    (C) Sense of congress on designation of flame fund 
                appropriations, supplemental funding request, and 
                supplement to other suppression funding.--It is the 
                sense of Congress that for fiscal year 2011 and each 
                fiscal year thereafter--
                          (i) amounts appropriated to a FLAME Fund in 
                      excess of the amount estimated by the Secretary 
                      concerned as the amount necessary for that fiscal 
                      year for wildfire suppression activities of the 
                      Secretary that meet the criteria specified in 
                      subsection (e)(2)(B)(i) should be designated as 
                      amounts necessary to meet emergency needs;
                          (ii) the Secretary concerned should promptly 
                      make a supplemental request for additional funds 
                      to replenish the FLAME Fund if the Secretary 
                      determines that the FLAME Fund will be exhausted 
                      within 30 days; and
                          (iii) funding made available through the FLAME 
                      Fund should be used to supplement the funding 
                      otherwise appropriated to the Secretary concerned 
                      for wildfire suppression and Federal emergency 
                      response in the Wildland Fire Management 
                      appropriation accounts.
            (3) Availability.--Amounts in a FLAME Fund shall remain 
        available to the Secretary concerned until expended.
            (4) Notice of insufficient funds.--The Secretary concerned 
        shall notify the relevant congressional committees if

[[Page 123 STAT. 2970]]

        the Secretary estimates that only 60 days worth of funds remain 
        in the FLAME Fund administered by that Secretary.
            (5) Transfer authority.--If a FLAME Fund has insufficient 
        funds, the Secretary concerned administering the other FLAME 
        Fund may transfer amounts to the FLAME Fund with insufficient 
        funds. Not more than $100,000,000 may be transferred from a 
        FLAME Fund during any fiscal year under this authority.

    (e) Use of FLAME Fund.--
            (1) In general.--Subject to paragraphs (2) and (3), amounts 
        in a FLAME Fund shall be available to the Secretary concerned to 
        transfer to the Wildland Fire Management appropriation account 
        of that Secretary to pay the costs of wildfire suppression 
        activities of that Secretary that are separate from amounts for 
        wildfire suppression activities annually appropriated to that 
        Secretary under the Wildland Fire Management appropriation 
        account of that Secretary.
            (2) Declaration required.--
                    (A) In general.--Amounts in a FLAME Fund shall be 
                available for transfer under paragraph (1) only after 
                that Secretary concerned issues a declaration that a 
                wildfire suppression event is eligible for funding from 
                the FLAME Fund.
                    (B) Declaration criteria.--A declaration by the 
                Secretary concerned under subparagraph (A) may be issued 
                only if--
                          (i) in the case of an individual wildfire 
                      incident--
                                    (I) the fire covers 300 or more 
                                acres; or
                                    (II) the Secretary concerned 
                                determines that the fire has required an 
                                emergency Federal response based on the 
                                significant complexity, severity, or 
                                threat posed by the fire to human life, 
                                property, or resources; or
                          (ii) the cumulative costs of wildfire 
                      suppression and Federal emergency response 
                      activities for the Secretary concerned will 
                      exceed, within 30 days, all of the amounts 
                      previously appropriated (including amounts 
                      appropriated under an emergency designation, but 
                      excluding amounts appropriated to the FLAME Fund) 
                      to the Secretary concerned for wildfire 
                      suppression and Federal emergency response.
            (3) State, private, and tribal land.--Use of a FLAME Fund 
        for emergency wildfire suppression activities on State land, 
        private land, and tribal land shall be consistent with any 
        existing agreements in which the Secretary concerned has agreed 
        to assume responsibility for wildfire suppression activities on 
        the land.

    (f) Treatment of Anticipated and Predicted Activities.--For fiscal 
year 2011 and subsequent fiscal years, the Secretary concerned shall 
request funds within the Wildland Fire Management appropriation account 
of that Secretary for regular wildfire suppression activities that do 
not meet the criteria specified in subsection (e)(2)(B)(i).
    (g) Prohibition on Other Transfers.-- <<NOTE: Deadline.>> The 
Secretary concerned may not transfer funds from non-fire accounts to the 
Wildland Fire Management appropriation account of that Secretary unless 
amounts in the FLAME Fund of that Secretary and any

[[Page 123 STAT. 2971]]

amounts appropriated to that Secretary for the purpose of wildfire 
suppression will be exhausted within 30 days.

    (h) Accounting and Reports.--
            (1) Accounting and reporting requirements.--The Secretary 
        concerned shall account and report on amounts transferred from 
        the respective FLAME Fund in a manner that is consistent with 
        existing National Fire Plan reporting procedures.
            (2) Annual report.--The Secretary concerned shall submit to 
        the relevant congressional committees and make available to the 
        public an annual report that--
                    (A) describes the obligation and expenditure of 
                amounts transferred from the FLAME Fund; and
                    (B) includes any recommendations that the Secretary 
                concerned may have to improve the administrative control 
                and oversight of the FLAME Fund.
            (3) Estimates of wildfire suppression costs to improve 
        budgeting and funding.--
                    (A) In general.--Consistent with the schedule 
                provided in subparagraph (C), the Secretary concerned 
                shall submit to the relevant congressional committees an 
                estimate of anticipated wildfire suppression costs for 
                the applicable fiscal year.
                    (B) Independent review.--The methodology for 
                developing the estimates under subparagraph (A) shall be 
                subject to periodic independent review to ensure 
                compliance with subparagraph (D).
                    (C) Schedule.-- <<NOTE: Estimate. Deadlines.>> The 
                Secretary concerned shall submit an estimate under 
                subparagraph (A) during--
                          (i) the first week of March of each year;
                          (ii) the first week of May of each year;
                          (iii) the first week of July of each year; and
                          (iv) if a bill making appropriations for the 
                      Department of the Interior and the Forest Service 
                      for the following fiscal year has not been enacted 
                      by September 1, the first week of September of 
                      each year.
                    (D) Requirements.--An estimate of anticipated 
                wildfire suppression costs shall be developed using the 
                best available--
                          (i) climate, weather, and other relevant data; 
                      and
                          (ii) models and other analytic tools.

    (i) Termination of Authority.--The authority of the Secretary 
concerned to use the FLAME Fund established for that Secretary shall 
terminate at the end of the third fiscal year in which no appropriations 
to, or withdrawals from, that FLAME Fund have been made for a period of 
three consecutive fiscal years. Upon termination of such authority, any 
amounts remaining in the affected FLAME Fund shall be transferred to, 
and made a part of, the Wildland Fire Management appropriation account 
of the Secretary concerned for wildland suppression activities.
SEC. 503. <<NOTE: 43 USC 1748b.>> COHESIVE WILDFIRE MANAGEMENT 
                        STRATEGY.

    (a) Strategy Required.-- <<NOTE: Deadline. Reports.>> Not later than 
one year after the date of enactment of this Act, the Secretary of the 
Interior and the Secretary of Agriculture, acting jointly, shall submit 
to Congress a report that contains a cohesive wildfire management 
strategy, consistent with the recommendations described in recent 
reports

[[Page 123 STAT. 2972]]

of the Government Accountability Office regarding management strategies.

    (b) Elements of Strategy.--The strategy required by subsection (a) 
shall provide for--
            (1) the identification of the most cost-effective means for 
        allocating fire management budget resources;
            (2) the reinvestment in non-fire programs by the Secretary 
        of the Interior and the Secretary of Agriculture;
            (3) employing the appropriate management response to 
        wildfires;
            (4) assessing the level of risk to communities;
            (5) the allocation of hazardous fuels reduction funds based 
        on the priority of hazardous fuels reduction projects;
            (6) assessing the impacts of climate change on the frequency 
        and severity of wildfire; and
            (7) studying the effects of invasive species on wildfire 
        risk.

    (c) Revision.-- <<NOTE: Time period.>> At least once during each 
five-year period beginning on the date of the submission of the cohesive 
wildfire management strategy under subsection (a), the Secretary of the 
Interior and the Secretary of Agriculture shall revise the strategy to 
address any changes affecting the strategy, including changes with 
respect to landscape, vegetation, climate, and weather.

    This division may be cited as the ``Department of the Interior, 
Environment, and Related Agencies Appropriations Act, 2010''.

           DIVISION B--FURTHER CONTINUING APPROPRIATIONS, 2010

    Sec. 101.  The Continuing Appropriations Resolution, 2010 (division 
B of Public Law 111-68) <<NOTE: Ante, p. 2045.>> is amended by striking 
the date specified in section 106(3) and inserting ``December 18, 
2009''.

    Sec. 102.  <<NOTE: Applicability.>> Section 129 of the Continuing 
Appropriations Resolution, 2010 (division B of Public Law 111-
68) <<NOTE: Ante, p. 2047.>> is amended by striking ``2009'' and 
inserting ``2008'', and such amendment shall apply as if included in 
such public law on the date of its enactment.

    Sec. 103.  Subsections (c)(1) and (e)(3) of section 9503, and 
subparagraphs (A), (B), and (C) of section 9504(b)(2), of the Internal 
Revenue Code of 1986 <<NOTE: 26 USC 9503, 9504.>> are each amended by 
inserting ``the last amendment to'' after ``on the date of the enactment 
of''.

    Sec. 104.  The Continuing Appropriations Resolution, 2010 (division 
B of Public Law 111-68) <<NOTE: Ante, p. 2053.>> is amended by adding 
after section 164 the following new sections:

    ``Sec. 165.  In addition to amounts provided in section 101, amounts 
are provided for `Small Business Administration--Business Loans Program 
Account', for the cost (as defined in section 502 of the Congressional 
Budget Act of 1974) of guaranteed loans as authorized by section 7(a) of 
the Small Business Act, at a rate for operations of $80,000,000.
    ``Sec. 166. (a) Loan Limit Floor Based on 2008 Levels.--For 
mortgages for which the mortgagee issues credit approval for the 
borrower during calendar year 2010, if the dollar amount limitation on 
the principal obligation of a mortgage determined under section 
203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)) for any 
size residence for any area is less than such dollar amount limitation 
that was in effect for such size residence for such area for 2008 
pursuant to section 202 of the Economic Stimulus Act of 2008 (Public Law 
110-185; 122 Stat. 620), notwithstanding any

[[Page 123 STAT. 2973]]

other provision of law or of this joint resolution, the maximum dollar 
amount limitation on the principal obligation of a mortgage for such 
size residence for such area for purposes of such section 203(b)(2) 
shall be considered (except for purposes of section 255(g) of such Act 
(12 U.S.C.1715z-20(g))) to be such dollar amount limitation in effect 
for such size residence for such area for 2008.
    ``(b) Discretionary Authority for Sub-Areas.--Notwithstanding any 
other provision of law or of this joint resolution, if the Secretary of 
Housing and Urban Development determines, for any geographic area that 
is smaller than an area for which dollar amount limitations on the 
principal obligation of a mortgage are determined under section 
203(b)(2) of the National Housing Act, that a higher such maximum dollar 
amount limitation is warranted for any particular size or sizes of 
residences in such sub-area by higher median home prices in such sub-
area, the Secretary may, for mortgages for which the mortgagee issues 
credit approval for the borrower during calendar year 2010, increase the 
maximum dollar amount limitation for such size or sizes of residences 
for such sub-area that is otherwise in effect (including pursuant to 
subsection (a) of this section), but in no case to an amount that 
exceeds the amount specified in section 202(a)(2) of the Economic 
Stimulus Act of 2008.
    ``Sec. 167. (a) Loan Limit Floor Based on 2008 Levels.--For 
mortgages originated during calendar year 2010, if the limitation on the 
maximum original principal obligation of a mortgage that may be 
purchased by the Federal National Mortgage Association or the Federal 
Home Loan Mortgage Corporation determined under section 302(b)(2) of the 
Federal National Mortgage Association Charter Act (12 U.S.C. 1717(b)(2)) 
or section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act 
(12 U.S.C.1754(a)(2)) respectively, for any size residence for any area 
is less than such maximum original principal obligation limitation that 
was in effect for such size residence for such area for 2008 pursuant to 
section 201 of the Economic Stimulus Act of 2008 (Public Law 110-185; 
122 Stat. 619), notwithstanding any other provision of law or of this 
joint resolution, the limitation on the maximum original principal 
obligation of a mortgage for such Association and Corporation for such 
size residence for such area shall be such maximum limitation in effect 
for such size residence for such area for 2008.
    ``(b) Discretionary Authority for Sub-Areas.--Notwithstanding any 
other provision of law or of this joint resolution, if the Director of 
the Federal Housing Finance Agency determines, for any geographic area 
that is smaller than an area for which limitations on the maximum 
original principal obligation of a mortgage are determined for the 
Federal National Mortgage Association or the Federal Home Loan Mortgage 
Corporation, that a higher such maximum original principal obligation 
limitation is warranted for any particular size or sizes of residences 
in such sub-area by higher median home prices in such sub-area, the 
Director may, for mortgages originated during calendar year 2010, 
increase the maximum original principal obligation limitation for such 
size or sizes of residences for such sub-area that is otherwise in 
effect (including pursuant to subsection (a) of this section) for such 
Association and Corporation, but in no case to an amount that exceeds 
the amount specified in the matter following the comma in section 
201(a)(l)(B) of the Economic Stimulus Act of 2008.

[[Page 123 STAT. 2974]]

    ``Sec. 168.  Notwithstanding any other provision of this joint 
resolution, for mortgages for which the mortgagee issues credit approval 
for the borrower during calendar year 2010, the second sentence of 
section 255(g) of the National Housing Act (12 U.S.C. 1715z-20(g)) shall 
be considered to require that in no case may the benefits of insurance 
under such section 255 exceed 150 percent of the maximum dollar amount 
in effect under the sixth sentence of section 305(a)(2) of the Federal 
Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)).
    ``Sec. 169.  Notwithstanding any other provision of this joint 
resolution, other than section 106, up to $200,000,000 of the funds 
provided by Public Law 111-8 that are available on October 1, 2009, in 
the `Tenant-Based Rental Assistance' account may be available to adjust 
allocations for public housing agencies to prevent termination of 
assistance to families.''.

    Approved October 30, 2009.

LEGISLATIVE HISTORY--H.R. 2996:
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 111-180 (Comm. on Appropriations) and 111-316 
(Comm. of Conference).
SENATE REPORTS: No. 111-38 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 155 (2009):
            June 25, 26, considered and passed House.
            Sept. 17, 21-24, considered and passed Senate, amended.
            Oct. 29, House and Senate agreed to conference report.

                                  <all>
Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010

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