U.S. Congress - Text of H.R.2996 as Enrolled Bill Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010
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Donate NowH.R.2996 - Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010
Making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Reported in House | 24,970 | n/a | n/a |
| Engrossed in House | 25,090 | 39 | 1% |
| Referred in Senate | 24,971 | 5 | 0% |
| Reported in Senate | 50,980 | 406 | 38% |
| Engrossed Amendment Senate | 30,600 | 61 | 60% |
| Enrolled Bill | 32,970 | 492 Show Changes Hide Changes | 38% |
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HR 2996 EAS In the Senate of the United States, September 24, 2009.
) entitled ‘An Act making appropriations for the Department of the
One Hundred Eleventh Congress
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of theCommentsClose CommentsPermalink
United States of AmericaCommentsClose CommentsPermalink
AT THE FIRST SESSIONCommentsClose CommentsPermalink
Begun and held at the City of Washington on Tuesday,CommentsClose CommentsPermalink
the sixth day of January, two thousand and nineCommentsClose CommentsPermalink
An ActCommentsClose CommentsPermalink
Making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes.CommentsClose CommentsPermalink
’, do pass with the following AMENDMENT: Strike out all after the enacting clause and insert:
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
DIVISION A--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:CommentsClose CommentsPermalink
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
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 annual mining claim feesmaintenance 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 $965,7259,571,000, 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
construction
For construction of buildings, recreation facilities, roads, trails, and appurtenant facilities, $8,626,000, to remain available until expended.CommentsClose CommentsPermalink
land acquisition
For expenses necessary to carry out sections 205, 206, and 318(d) of
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 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).CommentsClose CommentsPermalink
forest ecosystem health and recovery fund
(revolving fund, special account)
In addition to the purposes authorized in
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 (
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
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 (
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
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, $1,244,3869,406,000, 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.CommentsClose CommentsPermalink
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; $39,741,000, to remain available until expended7,439,000, to remain available until expended: Provided, That funds provided under this heading in
land acquisition
For expenses necessary to carry out the Land and Water Conservation Fund Act of 1965, as amended (
cooperative endangered species conservation fund
For expenses necessary to carry out section 6 of the Endangered Species Act of 1973 (
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the North American Wetlands Conservation Act, as amended (
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical Migratory Bird Conservation Act, as amended, (
multinational species conservation fund
For expenses necessary to carry out the African Elephant Conservation Act (
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, $80,000,000, to remain available until expended:Provided, That of the amount provided 90,000,000, to remain available until expended: Provided, That 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, for fiscal year 2010 and each fiscal year thereafter, 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, for fiscal year 2010 and each fiscal year thereafter, 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, for fiscal year 2010 and each fiscal year thereafter, be 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, for fiscal year 2010 and each fiscal year thereafter, exceed 75 percent of the total costs of such projects and the Federal share of implementation grants shall not, for fiscal year 2010 and each fiscal year thereafter, exceed 50 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.CommentsClose CommentsPermalink
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
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, $2,261,30559,000, of which $9,982,000 for planning and interagency coordination in support of Everglades restoration and $998,622,000 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.CommentsClose CommentsPermalink
park partnership project grants
For expenses necessary to carry out provisions of section 814(g) of
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, $67,438,000, of which $3,1758,436,000, 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 (
historic preservation fund
For expenses necessary in carrying out the Historic Preservation Act of 1966, as amended (
construction
For construction, improvements, repair or replacement of physical facilities, including a portion of the expense for the modifications authorized by section 104 of the Everglades National Park Protection and Expansion Act of 1989, $219,731,000, to remain available until exp32,969,000, 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
land and water conservation fund
(rescission)
The contract authority provided for fiscal year 2010 by
land acquisition and state assistance
For expenses necessary to carry out the Land and Water Conservation Act of 1965, as amended (
administrative provisions
(including transfer of funds)
In addition to other uses set forth in section 407(d) of
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 (
National Park Service funds may be transferred to the Federal Highway Administration (FHWA), Department of Transportation, for purposes authorized under
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
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 funded by appropriations herein made may be accomplished through the use of contracts, grants, or cooperative agreements as defined in
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
administrative provision
Notwithstanding the provisions of section 35(b) of the Mineral Leasing Act, as amended (
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,
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface Mining Control and Reclamation Act of 1977,
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.CommentsClose CommentsPermalink
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 (
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Notwithstanding
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.CommentsClose CommentsPermalink
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 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 (
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.CommentsClose CommentsPermalink
Notwithstanding any other provision of law, no funds available to the Bureau, other than the amounts provided herein for assistance to public schools under
Appropriations made available in this or any other Act for schools funded by the Bureau shall be available only to the schools in the Bureau school system as of September 1, 1996. No funds available to the Bureau shall be used to support expanded grades for any school or dormitory beyond the grade structure in place or approved by the Secretary of the Interior at each school in the Bureau school system as of October 1, 1995. Funds made available under this Act may not be used to establish a charter school at a Bureau-funded school (as that term is defined in section 1146 of the Education Amendments of 1978 (
Notwithstanding any other provision of law, including section 113 of title I of appendix C of
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 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 (
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under the jurisdiction of the Department of the Interior, $81,05,195,000, of which: (1) $71,85,915,000 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 (
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
administrative provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may transfer any mandatory or discretionary funds appropriated, including thosediscretionary funds or mandatory funds provided under section 104(e) of
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $65,076,000.CommentsClose CommentsPermalink
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General, $48,590,000.CommentsClose CommentsPermalink
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, and of which $1,500,000 shall be available for the estate planning assistance program under section 207(f) of the Indian Land Consolidation Act (
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, $904,63794,897,000, to remain available until expended, of which not to exceed $6,137,000 shall be for the renovation or construction of fire facilities: Provided, That such funds are also available for repayment of advances to other appropriation accounts from which funds were previously transferred for such purposes: Provided further, That persons hired pursuant to
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.CommentsClose CommentsPermalink
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 (
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 (
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
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.CommentsClose CommentsPermalink
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
(including transfers of funds)Sec. 101. Appropriations made in this title shall be available for expenditure or transfer (within each bureau or office), with the approval of the Secretary, for the 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.CommentsClose CommentsPermalink
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
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
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.CommentsClose CommentsPermalink
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 federally recognized tribe shall receive a reduction in Tribal Priority Allocation funds of more than 10 percent in fiscal year 2010. Under circumstances of dual enrollment, overlapping service areas or inaccurate distribution methodologies, the 10 percent limitation does not apply.CommentsClose CommentsPermalink
twin cities research center
Sec. 106. Notwithstanding any other provision of law, in conveying the Twin Cities Research Center under the authority provided by
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
ellis, governors, and liberty islands
Sec. 108. Notwithstanding any other provision of law, 9. 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.CommentsClose CommentsPermalink
prohibition on use of funds
Sec. 10910. (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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
contribution authority
Sec. 111. Title
use of cooperative agreements
Sec. 1102. 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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
conforming amendment
Sec. 111. Sections 109 and 110 of the Federal4. Notwithstanding any other provision of law, Sections 109 and 110 of the Federal Oil and Gas Royalty Management Act (
outer continental shelf inspection fees
Sec. 1135. (a) In fiscal year 2010, the Minerals Management Service (MMS) shall collect a non-refundable inspection fee, which shall be deposited in the ‘Royalty and Offshore Minerals Management’ account, from the designated operator for facilities subject to inspection by MMS under
(b) Fees for 2010 shall be:CommentsClose CommentsPermalink
(1) $2,000 for facilities with no wells, but with processing equipment or gathering lines;CommentsClose CommentsPermalink
(2) $3,250 for facilities with one to ten wells, with any combination of active or inactive wells; andCommentsClose CommentsPermalink
(3) $6,000 for facilities with more than ten wells, with any combination of active or inactive wells.CommentsClose CommentsPermalink
(c) MMS will bill designated operators within 60 days of enactment of this Act, with payment required within 30 days of billing.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
yosemite national park authorized payments, amendment
Sec. 114. Section 101(a)(1) of7. Section 101(a)(1) of
san juan island national historic park authorization
Sec. 118. Section 4 of
japanese american confinement sites, amendment
Sec. 119. Section 1(c)(2) of
‘(E) Heart Mountain, depicted in Figure 6.3 of the Site Document.’.CommentsClose CommentsPermalink
northern plains heritage area, amendment
Sec. 11520. Section 8004 of the Omnibus Public Land Management Act of 2009 (
(1) by redesignating subsections (g) through (i) as subsections (h) through (j), respectively;CommentsClose CommentsPermalink
(2) in subsection (h)(1) (as redesignated by paragraph (1)), in the matter preceding subparagraph (A), by striking ‘subsection (i)’ and inserting ‘subsection (j)’; andCommentsClose CommentsPermalink
(3) by inserting after subsection (f) the following:CommentsClose CommentsPermalink
‘(g) Requirements for Inclusion and Removal of Property in Heritage Area-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(2) PROPERTY REMOVAL-CommentsClose CommentsPermalink
‘(A) PRIVATE PROPERTY- At the request of an owner of private property included in the Heritage Area pursuant to paragraph (1), the private property shall be immediately withdrawn from the Heritage Area if the owner of the property provides to the management entity a written notice requesting removal.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
pearl harbor naval complex, joint ticketing
Sec. 11621. (a) Definitions- In this section:CommentsClose CommentsPermalink
(1) HISTORIC ATTRACTION- The term ‘historic attraction’ mean a historic attraction within the Pearl Harbor Naval Complex, including--CommentsClose CommentsPermalink
(A) the USS Bowfin Submarine Museum and Park;CommentsClose CommentsPermalink
(B) the Battleship Missouri Memorial;CommentsClose CommentsPermalink
(C) the Pacific Aviation Museum-Pearl Harbor; andCommentsClose CommentsPermalink
(D) any other historic attraction within the Pearl Harbor Naval Complex that--CommentsClose CommentsPermalink
(i) the Secretary identifies as a Pearl Harbor historic attraction; andCommentsClose CommentsPermalink
(ii) is not administered or managed by the Secretary.CommentsClose CommentsPermalink
(2) MONUMENT- The term ‘Monument’ means the Word War II Valor in the Pacific National Monument in the State of Hawaii.CommentsClose CommentsPermalink
(3) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(4) VISITOR CENTER- The term ‘Visitor Center’ means the visitor center located within the Pearl Harbor Naval Complex on land that is--CommentsClose CommentsPermalink
(A) within the Monument; andCommentsClose CommentsPermalink
(B) managed by the Secretary, acting through the Director of the National Park Service.CommentsClose CommentsPermalink
(b) Facilitation of Admission to Historic Attractions Within Pearl Harbor Naval Complex-CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) to allow visitors to the historic attraction to gain access to the historic attraction by passing through security screening at the Visitor Center; andCommentsClose CommentsPermalink
(B) to allow the sale of tickets to a historic attraction within the Visitor Center by--CommentsClose CommentsPermalink
(i) employees of the National Park Service; orCommentsClose CommentsPermalink
(ii) the organization that administers or manages the historic attraction.CommentsClose CommentsPermalink
(2) TERMS AND CONDITIONS- In any agreement entered into under paragraph (1), the Secretary--CommentsClose CommentsPermalink
(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 Secretary associated with the use of the Visitor Center for public access and ticket sales;CommentsClose CommentsPermalink
(B) shall ensure that the liability of the United States is limited with respect to any liability arising from--CommentsClose CommentsPermalink
(i) the admission of the public through the Visitor Center to a historic attraction; andCommentsClose CommentsPermalink
(ii) the sale or issuance of any tickets to the historic attraction; andCommentsClose CommentsPermalink
(C) may include any other terms and conditions that the Secretary determines to be appropriate.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(4) LIMITATION OF AUTHORITY- Nothing in this section authorizes the Secretary--CommentsClose CommentsPermalink
(A) to regulate or approve the rates for admission to a historic attraction;CommentsClose CommentsPermalink
(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); orCommentsClose CommentsPermalink
(C) to charge an entrance fee for admission to the Monument.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
assistance for the republic of palau
Sec. 11722. (a) In General- Subject to subsection (c), the United States Government, through the Secretary of the Interior shall provide to the Government of Palau for fiscal year 2010 grants in amounts equal to the annual amounts specified in subsections (a), (c), and (d) of section 211 of the Compact of Free Association between the Government of the United States of America and the Government of Palau (
(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.CommentsClose CommentsPermalink
(c) Limitations on Assistance-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
golden gate national recreation area, fort baker amendment
Sec. 11823. Section 120 of title I of H.R. 3423 (Appendix C) as enacted into law by section 1000(a)(3) of division B of
point reyes national seashore, extension of permit
Sec. 1204. 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: 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. contribution authoritySec. 121. Title
national park system, special resource study
Sec. 1225. (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.CommentsClose CommentsPermalink
(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
(c) Consultation- In conducting the study, the Secretary shall consult with--CommentsClose CommentsPermalink
(1) the State of Hawaii;CommentsClose CommentsPermalink
(2) appropriate Federal agencies;CommentsClose CommentsPermalink
(3) Native Hawaiian and local government entities;CommentsClose CommentsPermalink
(4) private and nonprofit organizations;CommentsClose CommentsPermalink
(5) private land owners; andCommentsClose CommentsPermalink
(6) other interested parties.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(1) the significance of the site as a component of World War II;CommentsClose CommentsPermalink
(2) the significance of the site as the site related to the forcible internment of Japanese Americans, European Americans, and other individuals; andCommentsClose CommentsPermalink
(3) historic resources at the site.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
PROHIBITION ON USE OF FUNDS TO IMPEDE OPERATIONAL CONTROLSec. 123. 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 (
national heritage area, opt out provision
Sec. 127. Any owner of private property within an existing or new National Heritage Area may opt out of participating in any plan, project, program, or activity conducted within the National Heritage Area if the property owner provides written notice to the local coordinating entity.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
john adams memorial authority, extension
Sec. 130. Notwithstanding
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, $842,796,049,000, to remain available until September 30, 2011.CommentsClose CommentsPermalink
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, $2,878,780993,779,000, to remain available until September 30, 2011: Provided, That of the funds included under this heading, not less than $478,696608,441,000 shall be for the Geographic Programs specified in the committee reporexplanatory statement accompanying this Act.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Buildings and Facilities
For construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of, or for use by, the Environmental Protection Agency, $35,001,000, to remain available until expended:Provided, That, at the discretion of the Administrator of the Environmental Protection Agency, from the funds included under this heading, $500,000 may7,001,000, 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.CommentsClose CommentsPermalink
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) (
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, $114,173,101,000, 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; $35,504,430,000 shall be for carrying out the other provisions of the Solid Waste Disposal Act specified in section 9508(c) of the Internal Revenue Code, as amended: Provided, That the Administrator is authorized to use appropriations made available under this heading to implement section 9013 of the Solid Waste Disposal Act to provide financial assistance to federally recognized Indian tribes for the development and implementation of programs to manage underground storage tanks.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance, including capitalization grants for State revolving funds and performance partnership grants, $4,954,27470,223,000, 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, Provided, That for fiscal year 2010, to the extent that there are sufficient applications, not less than 20 percent of the funds made available for theeligible 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; $107,000,000 shall be for architectural, engineering, planning, design, construction and related activities in connection with the construction of high priority water and wastewater facilities in the area of the United States-Mexico Border, after consultation with the appropriate border commission; $153,000,000 shall be for grants to the State of Alaska to address drinking water and wastewater infrastructure needs of rural and Alaska Native Villages: Provided further, That, of these funds: (1) the State of Alaska shall provide a match of 25 percent; (2) no more than 5 percent of the funds may be used for administrative and overhead expenses; and (3) the State of Alaska shall make awards consistent with the State-wide priority list established in conjunction with the Agency and the U.S. Department of Agriculture for all water, sewer, waste disposal, and similar projects carried out by the State of Alaska that are funded under section 221 of the Federal Water Pollution Control Act (
Administrative Provisions, Environmental Protection Agency
(including transfer and rescission of funds)
For fiscal year 2010, notwithstanding
The Administrator of the Environmental Protection Agency is authorized to collect and obligate pesticide registration service fees in accordance with section 33 of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended by
Title II of
The Administrator is authorized to transfer up to 50 percent$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.CommentsClose CommentsPermalink
From unobligated balances to carry out projects and activities funded through the State and Tribal Assistance Grants Account‘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.CommentsClose CommentsPermalink
General Provisions, Environmental Protection AgencyBLACK CARBONSec. 201. (a)Not later than 18 months after the date of enactment of this Act, the Administrator, in consultation with other Federal agencies, may carry out shall carry out and submit to Congress the results of a study to defineon domestic and international black carbon, assess 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, and identify the most cost-effective ways to reduce assessment of potential metrics and approaches for quantifying the climatic effects of black carbon emissions-- (1) to improve global and domestic public health; and (2) to mitigate the climate impacts of black carbon. (b) In carrying out the study, the Administrator shall-- (2) evaluate the public health, climate, and economic impacts of black carbon; (3) identify current and practicable future opportunities to provide financial, technical, and related assistance to reduce domestic and international black carbon emissions; and (c) Of the amounts made available under this title under the heading ‘Environmental Programs and Management’ for operations and administration, up to $2,000,000 shall be-- (1) transferred to the account used to fund the Office of Air Quality Planning and Standards of the Environmental Protection Agency; and
For fiscal year 2010 the requirements of section 513 of the Federal Water Pollution Control Act (
For fiscal year 2010 the requirements of section 1450(e) of the Safe Drinking Water Act (
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, $307,012,000, to remain available until expended:12,012,000, to remain available until expended: Provided, That of the funds provided, $66,939,000 is for the forest inventory and analysis program.CommentsClose CommentsPermalink
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, $276,946308,061,000, to remain available until expended, as authorized by law; and of which $55,145of 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 (
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, $1,552,421,339,000, 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 (
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise provided for, $513,41856,053,000, 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
land acquisition
For expenses necessary to carry out the provisions of the Land and Water Conservation Fund Act of 1965, as amended (
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.CommentsClose CommentsPermalink
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 (
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
gifts, donations and bequests for forest and rangeland research
For expenses authorized by
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 (
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, $1,817,637,000, to remain available until expended: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 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, $340,285,000 is for hazardous 50,285,000 is for hazardous fuels reduction activities, $11,5600,000 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 (
collaborative forest landscape restoration fundFor expenses authorized by section 4003(f) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(f)
(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.CommentsClose CommentsPermalink
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
Any appropriations or funds available to the Forest Service may be transferred to the Wildland Fire Management appropriation for wildlandforest firefighting, emergency rehabilitation of burned-over or damaged lands or waters under its jurisdiction, and fire preparedness due to severe burning conditions upon notification of the five days after the Secretary notifies the House and Senate Committees on Appropriations for the House of Representatives and Senate if the Secretary of Agriculture determines that all emergency fire suppression funds appropriated under the headingthat all fire suppression funds appropriated under the headings ‘Wildland Fire Management’ wiand ‘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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
None of the funds made available to the Forest Service in this Act or any other Act with respect to any fiscal year shall be subject to transfer under the provisions of section 702(b) of the Department of Agriculture Organic Act of 1944 (
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 title IV ofhe joint explanatory statement of the managers accompanying this Act.CommentsClose CommentsPermalink
Not more than $88,78578,350,000 of funds available to the Forest Service shall be transferred to the Working Capital Fund of the Department of Agriculture and not more than $19,400825,000 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.CommentsClose CommentsPermalink
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,
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.CommentsClose CommentsPermalink
Pursuant to sections 405(b) and 410(b) of
Pursuant to section 2(b)(2) of
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.CommentsClose CommentsPermalink
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
An eligible individual who is employed in any project funded under title V of the Older American Act of 1965 (
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 (
Funds available to the Forest Service, not to exceed $55,000,000, shall be assessed for the purpose of performing fire, administrative and other facilities maintenance. Such assessments shall occur using a square foot rate charged on the same basis the agency uses to assess programs for payment of rent, utilities, and other support services.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Funds provided to the Forest Service in this Act may be used for the purpose of expenses associated with primary and secondary schooling for the 2009-2010 school year of dependents of agency personnel stationed in Puerto Rico, at a cost not in excess of those authorized by the Department of Defense for that same area, when it is determined by the Chief of the Forest Service that public schools available in the locality are unable to provide adequately for the education of such dependentsThe 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,
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, $3,639,8657,618,000, together with payments received during the fiscal year pursuant to
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 (
administrative provisions, indian health service
Appropriations provided in this Act to the Indian Health Service shall be available for services as authorized by
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
None of the funds made available to the Indian Health Service in this Act shall be used to implement the final rule published in the Federal Register on September 16, 1987, by the Department of Health and Human Services, relating to the eligibility for the health care services of the Indian Health Service until the Indian Health Service has submitted a budget request reflecting the increased costs associated with the proposed final rule, and such request has been included in an appropriations Act and enacted into law.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
The appropriation structure for the Indian Health Service may not be altered without advance notification to the House and Senate Committees on Appropriations.CommentsClose CommentsPermalink
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of Environmental Health Sciences in carrying out activities set forth in section 311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and section 126(g) of the Superfund Amendments and Reauthorization Act of 1986, $79,212,000.CommentsClose CommentsPermalink
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 to remain available until expended, is for Individual Learning Accounts for full-time equivalent employeesper eligible employee of the Agency for Toxic Substances 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.CommentsClose CommentsPermalink
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the Council on Environmental Quality and Office of Environmental Quality pursuant to the National Environmental Policy Act of 1969, the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not to exceed $750 for official reception and representation expenses, $3,159,000: Provided, That notwithstanding section 202 of the National Environmental Policy Act of 1970, the Council shall consist of one member, appointed by the President, by and with the advice and consent of the Senate, serving as chairman and exercising all powers, functions, and duties of the Council.CommentsClose CommentsPermalink
Chemical Safety and Hazard Investigation Board
salaries and expenses
(including transfer of funds)For necessary expenses in carrying out activities pursuant to section 112(r)(6) of the Clean Air Act, as amended, including hire of passenger vehicles, uniforms or allowances therefor, as authorized by
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
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
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
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
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 Institution incrementally as private funding 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
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
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, $54,499,000, to remain available until expended:Provided, That of this amount, up to6,259,000, to remain available until expended: Provided, That of this amount, $40,000,000 shall be available for repair of the National Gallery’s East Building fac.AE9ade: 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.CommentsClose CommentsPermalink
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, $22,500,0003,000,000: 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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
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, $161,3157,500,000 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:Provided, That funds appropriated herein shall be expended in accordance with sections 309 and 311 of
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, $161,3157,500,000, to remain available until expended, of which $147,01553,200,000 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.CommentsClose CommentsPermalink
administrative provisions
None of the funds appropriated to the National Foundation on the Arts and the Humanities may be used to process any grant or contract documents which do not include the text of
Commission of Fine Arts
salaries and expenses
For expenses made necessary by the Act establishing a Commission of Fine Arts (
national capital arts and cultural affairs
For necessary expenses as authorized by
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic Preservation (
National Capital Planning Commission
salaries and expenses
For necessary expenses, as authorized by the National Capital Planning Act of 1952 (
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as authorized by
Presidio Trust
presidio trust fund
For necessary expenses to carry out title I of the Omnibus Parks and Public Lands Management Act of 1996, $17,2323,200,000 shall be available to the Presidio Trust, to remain available until expended.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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
TITLE IV
GENERAL PROVISIONS
limitation on consulting services(including transfers of funds)
limitation on consulting services
Sec. 401. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to
restriction on use of funds
Sec. 402. No part of any appropriation contained in this Act shall be available for any activity or the publication or distribution of literature that in any way tends to promote public support or opposition to any legislative proposal on which Congressional action is not complete other than to communicate to Members of Congress as described in
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.CommentsClose CommentsPermalink
prohibition on use of funds for personal services
Sec. 4034. 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.CommentsClose CommentsPermalink
disclosure of administrative expenses
Sec. 4045. 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.CommentsClose CommentsPermalink
giant sequoia
Sec. 4056. 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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
mining applications
Sec. 406. (a)8. (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.CommentsClose CommentsPermalink
(b) Exceptions- The provisions of subsection (a) shall not apply if the Secretary of the Interior determines that, for the claim concerned: (1) a patent application was filed with the Secretary on or before September 30, 1994; and (2) all requirements established under sections 2325 and 2326 of the Revised Statutes (
(c) Report- On September 30, 2010, the Secretary of the Interior shall file with the House and Senate Committees on Appropriations and the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on actions taken by the Department under the plan submitted pursuant to section 314(c) of the Department of the Interior and Related Agencies Appropriations Act, 1997 (
(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.CommentsClose CommentsPermalink
contract support costs
Sec. 4079. 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
forest management plans
Sec. 408. Prior to October 1, 2010, the Secretary of Agriculture shall not be10. 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 (
prohibition within national monuments
Sec. 40911. No funds provided in this Act may be expended to conduct preleasing, leasing and related activities under either the Mineral Leasing Act (
international firefighter cooperative agreements
Sec. 4102. In entering into agreements with foreign countries pursuant to thefire organizations pursuant to the Temporary Emergency Wildfire Suppression Assistance Act (
contracting authorities
Sec. 4113. In awarding a Federal contract with funds made available by this Act, notwithstanding Federal Government procurement and contracting laws, the Secretary of Agriculture and the Secretary of the Interior (the ‘Secretaries’) may, in evaluating bids and proposals, give consideration to local contractors who are from, and who provide employment and training for, dislocated and displaced workers in an economically disadvantaged rural community, including those historically timber-dependent areas that have been affected by reduced timber harvesting on Federal lands and other forest-dependent rural communities isolated from significant alternative employment opportunities: Provided, That notwithstanding Federal Government procurement and contracting laws the Secretaries may award contracts, grants or cooperative agreements to local non-profit entities, Youth Conservation Corps or related partnerships with State, local or non-profit youth groups, or small or micro-business or disadvantaged business: Provided further, That the contract, grant, or cooperative agreement is for forest hazardous fuels reduction, watershed or water quality monitoring or restoration, wildlife or fish population monitoring, or habitat restoration or management: Provided further, That the terms ‘rural community’ and ‘economically disadvantaged’ shall have the same meanings as in section 2374 of
limitation on takings
Sec. 4134. 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.CommentsClose CommentsPermalink
hunters point environmental cleanup
Sec. 4145. 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.CommentsClose CommentsPermalink
extension of grazing permits
Sec. 415. Section 325 of6. The terms and conditions of section 325 of
national council on the arts membership
Sec. 417. Section 6 of the National Foundation on the Arts and the Humanities Act of 1965 (
(1) In the first sentence of subsection (b)(1)(C), by striking ‘14’ and inserting in lieu thereof ‘18’; andCommentsClose CommentsPermalink
(2) In the second sentence of subsection (d)(1), by striking ‘Eight’ and inserting in lieu thereof ‘Ten’.CommentsClose CommentsPermalink
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
(1) in the second sentence of the first paragraph, by striking ‘$7,500,000’ and inserting ‘$10,000,000’; andCommentsClose CommentsPermalink
(2) in the second sentence of the fourth paragraph, by striking ‘$500,000’ and inserting ‘$650,000’.CommentsClose CommentsPermalink
alaska native health care services
Sec. 4169. (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
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
extension of forest botanical product authorities
Sec. 420. Section 339(h) of the Department of the Interior and Related Agencies Appropriations Act, 2000, as amended, 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’.CommentsClose CommentsPermalink
timber sale requirements
Sec. 417. No timber sale in Region 10 shall be advertised if the indicated rate is deficit when appraised using a21. The Forest Service shall use the residual value approach that assigns domestic Alaska values for western red cedar. Program accomplishments shall be based on volume sold. Shouldo appraising all timber sales in Alaska’s Region 10 sell, in the current fiscal year, the annual average portion of the decadal allowable sale quantity called for in the current Tongass Land Management Plan in sales which are not deficit when appraised using a residual value approach that assigns domestic Alaska values for wthat contain a component of Western red cedar, all of the w 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. Should Region 10 sell, in the current fiscal year, less than the annual average portion of the decadal allowable sale quantity called for in the Tongass Land Management Plan in sales which are not deficit when appraised using a residual value approach that assigns domestic Alaska values for western red cedar, the volume of western red cedar timber available to domestic processors at prevailing domestic prices in the contiguous 48 United States shall be that volume: (1) which is surplus to the needs of domestic processors in Alaska; and (2) is that percent of the surplus western red cedar volume determined by calculating the ratio of the total timber volume which has been sold on the Tongass to the annual average portion of the decadal allowable sale quantity called for in the current Tongass Land Management Plan. The percentage shall be calculated by Region 10 on a rolling basis as each sale is sold (for purposes of this amendment, a ‘rolling basis’ shall mean that the determination of how much western red cedar is eligible for sale to various markets shall be made at the time each sale is awarded). Western red cedar shall be deemed ‘surplus to the needs of domestic processors in Alaska’ whenif 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 wWestern 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 wWestern red cedar volume not sold to Alaska or to contiguous 48 United States domestic processors may be exported to foreign markets at the election of the timber sale holderif 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 at the election of the timber sale holderif the Forest Service determines it is surplus to the needs of the 50 States.CommentsClose CommentsPermalink
colorado cooperative conservation authority
Sec. 418. Section 33122. Section 331(e) of the Department of the Interior and Related Agencies Appropriations Act, 2001, as amended, is amended in subsection (e) by striking (
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 ( (1) In the first sentence of subsection (b)(1)(C), by striking ‘14’ and inserting in lieu thereof ‘18’; and
prohibition on use of funds
Sec. 4204. 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 (
greenhouse gas reporting restrictions
Sec. 4215. Notwithstanding any other provision of law, none of the funds made available in this Act or any other Act may be used to implement any rule thator 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 emitting less than 25,000 tons of carbon dioxide equivalent per year.congressionally directed spendingSec. 422. Within the amounts appropriated in this Act, funding shall be allocated in the amounts specified for those projects and purposes delineated in the table titled ‘Congressionally Directed Spending’ included in the committee report accompanying this Act.CommentsClose CommentsPermalink
report on use of climate change funds
Sec. 426. Not later than 120 days after the date on which the President’s fiscal year 2011 budget request is submitted to Congress, the President shall submit a report to the Committee on Appropriations of the House of Representatives and the 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.CommentsClose CommentsPermalink
PROHIBITION ON USE OF FUNDS
Sec. 4237. 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.CommentsClose CommentsPermalink
prohibition on use of wildland fire management stimulus funds in the district of columbiaSec. 424. Notwithstanding any other provision of law, none of the funds made available under the American Recovery and Reinvestment Act of 2009 (Public Law 111-5
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).CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d) The President shall submit to Congress, in classified form, a plan regarding the proposed disposition of any individual covered by subsection (c) who is detained as of June 24, 2009. Such plan shall include, at a minimum, each of the following for each such individual:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(3) The costs associated with transferring the individual in question.CommentsClose CommentsPermalink
(4) The legal rationale and associated court demands for transfer.CommentsClose CommentsPermalink
(5) A plan for mitigation of any risks described in paragraphs (1), (2), and (7).CommentsClose CommentsPermalink
(6) A copy of a notification to the Governor of the State to which the individual will be transferred, to the Mayor of the District of Columbia if the individual will be transferred to the District of Columbia, or to any United States territories with a certification by the Attorney General of the United States in classified form at least 14 days prior to such transfer (together with supporting documentation and justification) that the individual poses little or no security risk to the United States.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(e) None of the funds made available in this or any other Act may be used to transfer or release an individual detained at Naval Station, Guantanamo Bay, Cuba, as of June 24, 2009, to the country of such individual’s nationality or last habitual residence or to any other country other than the United States or to a freely associated State, unless the President submits to the Congress, in classified form, at least 15 days prior to such transfer or release, the following information:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(f) In this section, the term ‘freely associated States’ means the Federated States of Micronesia (FSM), the Republic of the Marshall Islands (RMI), and the Republic of Palau.CommentsClose CommentsPermalink
(g) Prior to the termination of detention operations at Naval Station, Guantanamo Bay, Cuba, the President shall submit to the Congress a report in classified form describing the disposition or legal status of each individual detained at the facility as of the date of enactment of this Act.CommentsClose CommentsPermalink
jungo disposal site evaluation
Sec. 4259. 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--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(2) the distance that contamination from the site would travel in each of--CommentsClose CommentsPermalink
(A) 95 years; andCommentsClose CommentsPermalink
(B) 190 years;CommentsClose CommentsPermalink
(3) the potential impact of expected waste seepage from the site on nearby surface water resources, including Rye Patch Reservoir and the Humboldt River;CommentsClose CommentsPermalink
(4) the size and elevation of the aquifers; andCommentsClose CommentsPermalink
(5) any impact that the waste seepage from the site would have on the municipal water resources of Winnemucca, Nevada.CommentsClose CommentsPermalink
BUYOUT AND RELOCATION
Sec. 42630. (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, including cost-effectiveness, relating to the buyout and relocation of residents of properties in Treece, Kansas, that are subject to risk relating to, and that may endanger the health of occupants as a result of risks posed by, chat (as defined in section 278.1(b) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act)).CommentsClose CommentsPermalink
(b) For the purpose of the remedial action under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
(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.CommentsClose CommentsPermalink
agricultural research authorization
Sec. 431. Section 404(c) of the Agricultural Research, Extension, and Education Reform Act of 1998 (
(1) in paragraph (1), by striking ‘Agricultural Research Service’ and inserting ‘Department of AgriculturAgricultural Research Service and the Forest Service’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
national forest foundation
Sec. 42932. Section 403(a) of the National Forest Foundation Act (
CABIN USER FEES
Sec. 4303. Notwithstanding any other provision of law, none of the funds made available by this Act shall be usedor 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.CommentsClose CommentsPermalink
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 (
(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; orCommentsClose CommentsPermalink
(2) such contract is authorized by the Indian Self-Determination and Education and Assistance Act (
(3) such contract was awarded prior to the date of enactment of this Act.CommentsClose CommentsPermalink
posting of reports
Sec. 435. (a) Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public website of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head of the agency that it shall serve the national interest.CommentsClose CommentsPermalink
(b) Subsection (a) shall not apply to a report if--CommentsClose CommentsPermalink
(1) the public posting of the report compromises national security; orCommentsClose CommentsPermalink
(2) the report contains proprietary information.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
national conservation area map amendment
Sec. 436. Section 1971(1) of the Omnibus Public Land Management Act of 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 (as defined in section 278.1(b) of title 40, Code of Federal Regulations (or a successor regulation)), from the site shall be--CommentsClose CommentsPermalink
(1) counted at twice the purchase price of the chat; andCommentsClose CommentsPermalink
(2) eligible to be counted toward meeting the federally required disadvantaged business enterprise set-aside on federally funded projects.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
national endowment for the arts grant guidelines
Sec. 438. Of the funds provided to the National Endowment for the Arts--CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) The Chairperson shall establish procedures to ensure that no funding provided through a grant, except a grant made to a State or local arts agency, or regional group, may be used to make a grant to any other organization or individual to increase the amount of cabin user fees under section 608 of the Cabin User Fee Fairness Act of 2000 (16conduct activity independent of the direct grant recipient. Nothing in this subsection shall prohibit payments made in exchange for goods and services.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(b) In this section:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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 (
(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 projects, productions, workshops, or programs that will encourage public knowledge, education, understanding, and appreciation of the arts.CommentsClose CommentsPermalink
(d) With funds appropriated by this Act to carry out section 5 of the National Foundation on the Arts and Humanities Act of 1965--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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);CommentsClose CommentsPermalink
(3) the Chairperson shall report to the Congress annually and by State, on grants awarded by the Chairperson in each grant category under section 5 of such Act; andCommentsClose CommentsPermalink
(4) the Chairperson shall encourage the use of grants to improve and support community-based music performance and education.CommentsClose CommentsPermalink
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 is amended by striking ‘$45,000,000’ and inserting ‘$5,000,000’.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 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.CommentsClose CommentsPermalink
TITLE V--FLAME ACT OF 2009
SHORT TITLE
Sec. 501.CommentsClose CommentsPermalink
This title may be cited as the ‘Federal Land Assistance, Management, and Enhancement Act of 2009’ or ‘FLAME Act of 2009’.CommentsClose CommentsPermalink
FLAME FUND FOR EMERGENCY WILDFIRE SUPPRESSION ACTIVITIESSec. 431. (a)RESERVE FUNDS
Sec. 502.CommentsClose CommentsPermalink
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) FEDERAL LAND- The term ‘Federal land’ means--CommentsClose CommentsPermalink
(A) public land, as defined in section 103 of the Federal Land Policy and Management Act of 1976 (
(B) units of the National Park System;CommentsClose CommentsPermalink
(C) refuges of the National Wildlife Refuge System;CommentsClose CommentsPermalink
(D) land held in trust by the United States for the benefit of Indian tribes or members of an Indian tribe; andCommentsClose CommentsPermalink
(E) land in the National Forest System, as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (
(2) FLAME FUND- The term ‘FlameLAME Fund’ means the Federal Land Assistance, Management, and Enhancementa FLAME Wildfire Suppression Reserve Fund established by subsection (b).CommentsClose CommentsPermalink
(3) SECRETARIES- The term ‘Secretaries’ means the Secretary of the Interior and the SecretaryRELEVANT 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 Agriculture, acting jointlyRepresentatives and the Committee on Appropriations, the Committee on Energy and Natural Resources, and the Committee on Indian Affairs of the Senate.CommentsClose CommentsPermalink
(4) SECRETARY CONCERNED- The term ‘Secretary concerned’ means--CommentsClose CommentsPermalink
(A) the Secretary of the Interior, with respect to--CommentsClose CommentsPermalink
(i) Federal land described in subparagraphs (A), (B), (C), and (D) of paragraph (1); andCommentsClose CommentsPermalink
(ii) the FLAME Fund established for the Department of the Interior; andCommentsClose CommentsPermalink
(B) the Secretary of Agriculture, with respect to National Forest System land--CommentsClose CommentsPermalink
(i) National Forest System land; andCommentsClose CommentsPermalink
(ii) the FLAME Fund established for the Department of the Agriculture.CommentsClose CommentsPermalink
(b) Establishment of Flame FundLAME Funds- There is established in the Treasury of the United States a fund to be known as the ‘Federal Land Assistance, Management, and Enhancement Fund’, consisting of-- (1) such amounts as are appropriated to the Flame Fund; and
(1) The FLAME Wildfire Suppression Reserve Fund for the Department of the Interior.CommentsClose CommentsPermalink
(2) The FLAME Wildfire Suppression Reserve Fund for the Department of Agriculture.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d) Funding-CommentsClose CommentsPermalink
(1) CREDITS TO FUNDS- A FLAME Fund shall consist of the following:CommentsClose CommentsPermalink
(A) Such amounts as are appropriated to that FLAME Fund.CommentsClose CommentsPermalink
(B) Such amounts as are transferred to that FLAME Fund under paragraph (5).CommentsClose CommentsPermalink
(2) AUTHORIZATION OF APPROPRIATIONS-CommentsClose CommentsPermalink
(A) IN GENERALAUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Flame FundLAME Funds such amounts as are necessary to carry out this section.CommentsClose CommentsPermalink
(B) CONGRESSIONAL INTENT- It is the intent of Congress that the amounts appropriated to the Flame Fund for each fiscal year should be not less than the combined average amount expended by each Secretary concerned for emergency wildfire suppression activities over the 5 fiscal years preceding the fiscal year for which amounts are appropriated, 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).CommentsClose CommentsPermalink
(C) AVAILABILITY- Amounts appropriated to the Flame Fund shall remain available until expended. (2) APPROPRIATION- There is appropriated to the Flame Fund, out of funds of the Treasury not otherwise appropriated, $834,000,000.
(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;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(3) AVAILABILITY- Amounts in a FLAME Fund shall remain available to the Secretary concerned until expended.CommentsClose CommentsPermalink
(4) NOTICE OF INSUFFICIENT FUNDS- The Secretariesy concerned shall notify the relevant congressional committees described in subsection (h)(2) if the Secretaries estimateif the Secretary estimates that only 60 days worth of funding remains in the Flame Fund. (d) Transfer of Excess Wildfire Suppression Amounts Into Flame Fund- At the end of each fiscal year, the Secretary concerned shall transfer to the Flame Fund amounts that-- (1) are appropriated to the Secretary concerned for wildfire suppression activities for the fiscal year; but
(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.CommentsClose CommentsPermalink
(e) Use of FlameLAME Fund-CommentsClose CommentsPermalink
(1) IN GENERAL- Subject to paragraphs (2), (3), and (4), amounts in the Flame Fund shall be available to the Secretary concerned to pay the costs of emergency 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 that are separate from amounts annually appropriated tothe Secretary concerned for routine wildfire suppression activities.(2) that Secretary under the Wildland Fire Management appropriation account of that Secretary.CommentsClose CommentsPermalink
(2) DECLARATION REQUIRED-CommentsClose CommentsPermalink
(A) IN GENERAL- Amounts in the Flame Fund shall be made available to the Secretary concerned only after the Secretaries issuea FLAME Fund shall be available for transfer under paragraph (1) only after that Secretary concerned issues a declaration that a wildfire suppression activityevent is eligible for funding from the FlameLAME Fund.CommentsClose CommentsPermalink
(B) DECLARATION CRITERIA- A declaration by the Secretariesy concerned under subparagraph (A) may be issued only if--CommentsClose CommentsPermalink
(i) in the case of an individual wildfire incident--CommentsClose CommentsPermalink
(I) the fire covers 300 or more acres; and(II) the Secretaries determine that the fire hasorCommentsClose CommentsPermalink
(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; orCommentsClose CommentsPermalink
(ii) the cumulative costs of wildfire suppression activities for the Secretary concerned have exceeded the amounts appropriated to the Secretary concerned for those activities (not including funds deposited in the Flame Fund)nd 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.CommentsClose CommentsPermalink
(3) TRANSFER OF AMOUNTS TO SECRETARY CONCERNED- After issuance of a declaration under paragraph (2) and on request of the Secretary concerned, the Secretary of the Treasury shall transfer from the Flame Fund to the Secretary concerned such amounts as the Secretaries determine are necessary for wildfire suppression activities associated with the declaration.(4) STATE, PRIVATE, AND TRIBAL LAND- Use of the Flamea 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.CommentsClose CommentsPermalink
(f) Treatment of Anticipated and Predicted Activities- (1) IN GENERAL- Subject to subsection (e)(2)(B)(ii), the Secretary concerned shall continue to fund routine wildfire suppression activities within the appropriate agency budget for each fiscal year. (2) CONGRESSIONAL INTENT- It is the intent of Congress that funding made available through the Flame Fund be used-- (A) to supplement the funding otherwise appropriated to the Secretary concerned; and (B) only for purposes in, and instances consistent with, this section.
(g) Prohibition on Other Transfers- Any amounts in the Flame Fund and any amounts appropriated for the purpose of wildfire suppression on Federal land shall be obligated before the Secretary concerned mayThe Secretary concerned may not transfer funds from non-fire accounts for wildfire suppression.(h)to the Wildland Fire Management appropriation account of that Secretary unless amounts in the FLAME Fund of that Secretary and any amounts appropriated to that Secretary for the purpose of wildfire suppression will be exhausted within 30 days.CommentsClose CommentsPermalink
(h) Accounting and Reports-CommentsClose CommentsPermalink
(1) ACCOUNTING AND REPORTING SYSTEM- The Secretaries shall establish an accounting and reporting system for the Flame Fund that is compatibleREQUIREMENTS- 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.CommentsClose CommentsPermalink
(2) ANNUAL REPORT- Annually, the Secretaries shall submit to the Committee on Natural Resources, the Committee on Agriculture, and the Committee on Appropriations of the House of Representatives and the Committee on Energy and Natural Resources, the Committee on Indian Affairs, and the Committee on Appropriations of the SenateThe Secretary concerned shall submit to the relevant congressional committees and make available to the public an annual report that--CommentsClose CommentsPermalink
(A) describes the use of amounts from the Flameobligation and expenditure of amounts transferred from the FLAME Fund; andCommentsClose CommentsPermalink
(B) includes any recommendations that the Secretariesy concerned may have to improve the administrative control and oversight of the FlameLAME Fund.CommentsClose CommentsPermalink
(3) ESTIMATES OF WILDFIRE SUPPRESSION COSTS TO IMPROVE BUDGETING AND FUNDING-CommentsClose CommentsPermalink
(A) IN GENERAL- Consistent with the schedule provided in subparagraph (C), the Secretariesy concerned shall submit to the committees described in paragraph (2)relevant congressional committees an estimate of anticipated wildfire suppression costs for the applicable fiscal year and the subsequent fiscal year.CommentsClose CommentsPermalink
(B) PEERINDEPENDENT REVIEW- The methodology for developing the estimates under subparagraph (A) shall be subject to periodic peerindependent review to ensure compliance with subparagraph (D).CommentsClose CommentsPermalink
(C) SCHEDULE- The Secretariesy concerned shall submit an estimate under subparagraph (A) during--CommentsClose CommentsPermalink
(i) the first week of FebruaryMarch of each year;CommentsClose CommentsPermalink
(ii) the first week of AprilMay of each year;CommentsClose CommentsPermalink
(iii) the first week of July of each year; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(D) REQUIREMENTS- An estimate of anticipated wildfire suppression costs shall be developed using the best available--CommentsClose CommentsPermalink
(i) climate, weather, and other relevant data; andCommentsClose CommentsPermalink
(ii) models and other analytic tools.CommentsClose CommentsPermalink
(i) Termination of Authority- The authority under this section shall 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 the Flame Fund have , or withdrawals from, that FLAME Fund have been made for a period of 3three 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.CommentsClose CommentsPermalink
COHESIVE WILDFIRE MANAGEMENT STRATEGY
Sec. 432. (a)503.CommentsClose CommentsPermalink
(a) Strategy Required- Not later than 1 year after the date of 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 of the Government Accountability Office regarding management strategies.CommentsClose CommentsPermalink
(b) Elements of Strategy- The strategy required by subsection (a) shall provide for--CommentsClose CommentsPermalink
(1) the identification of the most cost-effective means for allocating fire management budget resources;CommentsClose CommentsPermalink
(2) the reinvestment in non-fire programs by the Secretary of the Interior and the Secretary of Agriculture;CommentsClose CommentsPermalink
(3) employing the appropriate management response to wildfires;CommentsClose CommentsPermalink
(4) assessing the level of risk to communities;CommentsClose CommentsPermalink
(5) the allocation of hazardous fuels reduction funds based on the priority of hazardous fuels reduction projects;CommentsClose CommentsPermalink
(6) assessing the impacts of climate change on the frequency and severity of wildfire; andCommentsClose CommentsPermalink
(7) studying the effects of invasive species on wildfire risk.CommentsClose CommentsPermalink
(c) Revision- At least once during each 5five-year period beginning on the date of the submission of the cohesive wildfire management strategy under subsection (a), the Secretariesy of the Interior and the Secretary of Agriculture shall revise the strategy submitted under that subsection to address any changes affecting the strategy, including changes with respect to landscape, vegetation, climate, and weather.CommentsClose CommentsPermalink
PROHIBITION ON NO-BID CONTRACTS AND GRANTS Sec. 433. (a) Notwithstanding any other provision of this Act, none of the funds appropriated or otherwise made available by this Act may be--
DIVISION B--FURTHER CONTINUING APPROPRIATIONS, 2010
Sec. 101. The Continuing Appropriations Resolution, 2010 (division B of
Sec. 102. Section 129 of the Continuing Appropriations Resolution, 2010 (division B of
Sec. 103. Subsections (c)(1) and (e)(3) of section 9503, and subparagraphs (A), (B), and (C) of section 9504(b)(2), of the Internal Revenue Code of 1986 are each amended by inserting ‘the last amendment to’ after ‘on the date of the enactment of’.CommentsClose CommentsPermalink
Sec. 104. The Continuing Appropriations Resolution, 2010 (division B of
‘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.CommentsClose CommentsPermalink
‘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. 253), ) 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 (, and the Federal Acquisition Regulation; or section 2304 of title 10, United States Code (2) awarded by grant not subjected to merit-based competitive procedures, needs-based criteria, or other procedures specifically authorized by law to select the grantee or award recipient.
(b) This prohibition shall not apply to the awarding of contracts or grants with respect to which--
(1) no more than one applicant submits a bid for a contract or grant; or
(2) Federal law specifically authorizes a grant or contract to be entered into without regard for these requirements, including formula grants for States, or Federally recognized Indian tribes; or
(3) such contracts or grants are authorized by the Indian Self-Determination and Education and Assistance Act (, 251709(b)(2) Public Law 93-638 ; 122 Stat. 620), notwithstanding any 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.450 et seq., as amended) or by any other Federal laws that specifically authorize a grant or contract with an Indian tribe as defined in section 4(e) of that Act (251715z-20(g))) to be such dollar amount limitation in effect for such size residence for such area for 2008.CommentsClose CommentsPermalink Public Law 110-185 ‘(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.CommentsClose CommentsPermalink
‘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. 450b (e)). ) or section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C.460www note;Sec. 434. (a) Notwithstanding any other provision of this Act and except as provided in subsection (b), any report required to be submitted by a Federal agency or department to the Committee on Appropriations of either the Senate or the House of Representatives in this Act shall be posted on the public website of that agency upon receipt by the committee.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national security; or
(2) the report contains proprietary information.
Sec. 435. Section 1971(1) of the Omnibus Public Land Management Act of 2009 (161717(b)(2)) is amended by striking ‘December 18, 2008’ and inserting ‘September 20, 2009’.TAR CREEK SUPERFUND SITE Public Law 111-11 Sec. 436. (a) In General- To expedite the cleanup of the Federal land and Indian land at the Tar Creek Superfund Site (referred to in this section as the ‘site’), any purchase of chat (as defined in section 278.1(b) of title 40, Code of Federal Regulations (or a successor regulation)), from the site shall be--
(1) counted at twice the purchase price of the chat; and
(2) eligible to be counted toward meeting the 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 under1754(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 (; 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.CommentsClose CommentsPermalink Public Law 110-185 ‘(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) shall conform with applicable laws (including the regulations for the use of chat promulgated by the Administrator of the Environmental Protection Agency).
This Act may be cited as the ‘Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010’.
Attest:
Secretary.
111th CONGRESS
1st Session
H.R. 2996
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.CommentsClose CommentsPermalink AMENDMENT
‘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 (
) 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. 1715z-20(g) ).CommentsClose CommentsPermalink 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
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.’.CommentsClose CommentsPermalink Public Law 111-8
Speaker of the House of Representatives.CommentsClose CommentsPermalink
Vice President of the United States andCommentsClose CommentsPermalink
President of the Senate.CommentsClose CommentsPermalink
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