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 123STA T . 2 908PUBLIC LA W 111 – 88 —O CT. 30 , 2009 30,UnitedS t a te sCo de,isa m ended by st r i k in g t h e p hrase ‘ ‘and be f ore September 30, 2 00 8, ’ ’ and rep l a c ing it w ith‘‘, tothee x tent pro v ided in advance in A ppropriations Acts,’’ . Section 28i of title 30, United States Code, is amended by striking ‘‘28k’’ and replacing it with ‘‘28l’’. U NITED ST A TE SF IS H AND W I L DLI F ESE RV I C E RES OU RCE M ANA G EMENT For necessary expenses of the United States Fish and Wildlife Service, as a u thori z ed by law, and for scientific and economic studies, general administration, and for the performance of other authorized functions related to such resources, $1 ,2 69, 4 06,000, to remain available until September 30, 2011 except as otherwise provided herein
 * Provide

d ,T hat $2, 5 00,000 is for high priority pro j ects, which shall be carried out by the Y outh Conservation Corps: Provided fu r th er, That not to exceed $22,103,000 shall be used for implementing subsections ( a ) , (b), (c), and (e) of section 4ofthe E ndangered Species Act, as amended, (except for processing petitions, developing and issuing proposed and final regulations, and taking any other steps to implement actions described in sub - section (c)(2)(A), (c)(2)( B )(i), or (c)(2)(B)(ii)), of which not to exceed $11,632,000 shall be used for any activity regarding the designation of critical habitat, pursuant to subsection (a)(3), excluding litigation support, for species listed pursuant to subsection (a)(1) prior to O ctober 1, 2009: Provided further, That of the amount available for law enforcement, up to $400,000, to remain available until expended, may at the discretion of the Secretary be used for pay- ment for information, rewards, or evidence concerning violations of laws administered by the Service, and miscellaneous and emer- gency expenses of enforcement activity, authorized or approved by the Secretary and to be accounted for solely on the Secretary’s certificate: Provided further, That of the amount provided for environmental contaminants, up to $1,000,000 may remain avail- able until expended for contaminant sample analyses. CONSTRUCTION For construction, improvement, ac q uisition, or removal of buildings and other facilities required in the conservation, manage- ment, investigation, protection, and utilization of fishery and wild- life resources, and the acquisition of lands and interests therein $3 7 ,439,000, to remain available until expended: Provided, That funds provided under this heading in P ublic L aw 111 – 8, division E for K ealia Pond N ational Wildlife R efuge, Nisqually National Wildlife Refuge, Patuxent Research Refuge, Tennessee National Wildlife Refuge, and M ammoth Springs National Fish H atchery may be reallocated to acquire migratory bird survey aircraft and for construction at Neosho National Fish Hatchery. LAND AC Q UISITION For expenses necessary to carry out the Land and Water Con- servation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through 11), including administrative expenses, and for acquisition of land or waters, or interest therein, in accordance with statutory authority applicable to the United States Fish and Wildlife Service,


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 123STA T . 2 90 9 PUBLIC LA W 111 –8 8 —O CT. 30 , 2009 $86,340 ,000, tobed e riv ed f ro m t h e Lan d and W ater C on s ervation Fu nd and to remain avai l able until e xp ended, of w hi c h, notwith - standin g1 6 U.S .C. 460l –9, not more than $4,000,000 shall be for land conservation partnerships authori z edb y the H ighlands Con- servation A ct of 2 004, including not to exceed $120,000 for adminis- trative expenses
 * Provide

d, T hat none of the funds appropriated for specific land ac q uisition pro j ects may be used to pay for any administrative overhead, planning or other management costs. CO O PERATIV EE ND AN G ERED S PECIES CONSERVATION FU ND For expenses necessary to carry out section 6 of the E ndangered Species Act of 19 7 3 ( 16 U.S.C. 1 5 31 et seq. ) , as amended, $85,000,000, to remain available until expended, of which $29,000,000 is to be derived from the Cooperative Endangered Species Conservation Fund, of which $5,145,706 shall be for the I daho Salmon and Clearwater R iver B asins Habitat Account pursu- ant to the Sna k e River Water Rights Act of 2004 and of which $56,000,000 is to be derived from the Land and Water Conservation Fund. NATIONA LW ILDLIFE REFUGE FUND For expenses necessary to implement the Act of O ctober 17, 1978 (16 U.S.C. 715s), $14,500,000. NORT H A M ERICAN WETLANDS CONSERVATION FUND For expenses necessary to carry out the provisions of the N orth American Wetlands Conservation Act, as amended (16 U.S.C. 4401– 4414), $47,647,000, to remain available until expended. NEOTROPICAL MIGRATOR YB IRD CONSERVATION For expenses necessary to carry out the Neotropical M igratory Bird Conservation Act, as amended, (16 U.S.C. 6101 et seq.), $5,000,000, to remain available until expended. MULTINATIONAL SPECIES CONSERVATION FUND For expenses necessary to carry out the African Elephant Con- servation Act (16 U.S.C. 4201–4203, 4211–4214, 4221–4225, 4241– 4246, and 1538), the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4261–4266), the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301–5306), the G reat Ape Conservation Act of 2000 (16 U.S.C. 6301–6305), and the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601–6606), $11,500,000, to remain available until expended. STATE AND TRIBAL WILDLIFE GRANTS For wildlife conservation grants to States and to the D istrict of Columbia, P uerto Rico, Guam, the United States V irgin Islands, the Northern Mariana Islands, American Samoa, and Indian tribes under the provisions of the Fish and Wildlife Act of 1956 and the Fish and Wildlife Coordination Act, for the development and implementation of programs for the benefit of wildlife and their habitat, including species that are not hunted or fished, $90,000,000, to remain available until expended: Provided, That

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 123STA T . 2 9 1 0PUBLIC LA W 111 –8 8 —O CT. 30 , 2009 oftheam o un t pr o vid ed herein ,$7, 0 00,000 i s for a c ompetitive g rant program for I ndian tri b es not sub j ect to the remaining provi - sions of this appropriation
 * Provide

d fu r th er, T hat $ 5 ,000,000 is for a competitive grant program for S tates, territories, and other jurisdictions w ith approved p l ans, not subject to the remaining provisions of this appropriation: Provided further, That the Sec- retar y shall, after deducting $ 12 ,000,000 and administrative e x penses, apportion the amount provided herein in the following manner: ( 1 ) to the D istrict of C olumbia and to the Commonwealth of P uerto R ico, each a sum e q ual to not more than one-half of 1 percent thereof and (2) to G uam, A merican Samoa, the U nited States V irgin Islands, and the Commonwealth of the N orthern M ariana Islands, each a sum equal to not more than one-fourth of 1 percent thereof: Provided further, That the Secretary shall apportion the remaining amount in the following manner: (1) one- third of which is based on the ratio to which the land area of such State bears to the total land area of all such States; and (2) two-thirds of which is based on the ratio to which the population of such State bears to the total population of all such States: Provided further, That the amounts apportioned under this para- graph shall be adjusted equitably so that no State shall be appor- tioned a sum which is less than 1 percent of the amount available for apportionment under this paragraph for any fiscal year or more than 5 percent of such amount: Provided further, That the F ederal share of planning grants shall not exceed 75 percent of the total costs of such projects and the Federal share of implementa- tion grants shall not exceed 6 5 percent of the total costs of such projects: Provided further, That the non-Federal share of such projects may not be derived from Federal grant programs: Provided further, That any amount apportioned in 2010 to any State, terri- tory, or other jurisdiction that remains unobligated as of September 3 0, 2011, shall be reapportioned, together with funds appropriated in 2012, in the manner provided herein .ADMIN I STR ATI VEP R O VISIONS The Fish and W ildlife Service may carry out the operations of Service programs by direct expenditure, contracts, grants, cooperative agreements and reimbursable agreements with public and private entities. Appropriations and funds available to the United States Fish and Wildlife Service shall be available for repair of damage to public roads within and adjacent to reservation areas caused by operations of the Service; options for the purchase of land at not to exceed $1 for each option; facilities incident to such public recreational uses on conservation areas as are consistent with their primary purpose; and the maintenance and improvement of aquaria, buildings, and other facilities under the jurisdiction of the Service and to which the United States has title, and which are used pursuant to law in connection with management, and investigation of fish and wildlife resources: Provided, That notwith- standing 4 4 U.S.C. 501, the Service may, under cooperative cost sharing and partnership arrangements authori z ed by law, procure printing services from cooperators in connection with jointly pro- duced publications for which the cooperators share at least one- half the cost of printing either in cash or services and the Service determines the cooperator is capable of meeting accepted quality


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 123STA T . 2 9 11 PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 stand a r ds
 * Provide

d fu r th er ,Th at th eS er vic e m a y acce p td o nated aircra f tasrep l acements for e x istin g aircraft .NATION A LP A RK S E R V I C E O P ERATION O F T H E NATIONAL PARK SY STE MF or expenses necessary for the management, operation, and maintenance of areas and facilities administered b y the National Par k Service ( incl u ding expenses to carry out programs of the U nited States Park Police ) , and for the general administration of the National Park Service, $2 ,2 61, 5 5 9 , 0 00, of w hich $9,9 8 2,000 for planning and interagency coordination in support of E verglades restoration and $98,622,000 for maintenance, repair or rehabilita - tion pro j ects for constructed assets, operation of the National Park Service automated facility management software system, and com- prehensive facility condition assessments shall remain available until September 3 0, 2011. PARK PARTNERSHIP PRO J ECT G RANTS For expenses necessary to carry out provisions of section 81 4 (g) of Public L aw 104 – 333 relating to challenge cost-share agreements, $15,000,000, to remain available until expended for Park Partner- ship signature projects and programs: Provided, That not less than 50 percent of the total cost of each project or program is derived from non-Federal sources in the form of donated cash, assets, or a pledge of donation guaranteed by an irrevocable letter of credit: Provided further, That, of the amount made available under this heading, $10,000,000 shall be derived from the transfer of prior year unobligated balances available in the National Park Service recreation enhancement fee program established by title VI II, divi- sion J , Public Law 108–44 7 . NATIONAL RECREATION AN D PRESERVATION For expenses necessary to carry out recreation programs, nat- ural programs, cultural programs, heritage partnership programs, environmental compliance and review, international park affairs, statutory or contractual aid for other activities, and grant adminis- tration, not otherwise provided for, $68,436,000, of which $4,600,000 shall be for Preserve A merica grants as authori z ed by section 7302 of the O mnibus Public Land M anagement Act of 2009 (Public Law 111–11). HISTORIC PRESERVATION F U ND For expenses necessary in carrying out the H istoric Preserva- tion Act of 1966, as amended (16 U.S. C . 470), and the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104–333), $79,500,000, to be derived from the Historic Preservation Fund and to remain available until September 30, 2011 of which $25,000,000 shall be for Save America ’ s Treasures grants as author- ized by section 7303 of the Omnibus Public Land Management Act of 2009 (Public Law 111–11): Provided, That of the funds provided for Save America’s Treasures, $10,200,000 shall be allo- cated in the amounts specified for those projects and purposes


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 123STA T . 2 9 12 PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 inac c ord anc ew i th the ter ms and conditions s p eci f ied in the j oint e x p l anator y statement of the mana g ers accompanying this A ct .CONSTRU CT I ON F or constr u ction , impro v ements, repair or replacement of phys - ical facilities, including modifications authori z ed b y section 104 of the E verglades N ational P ar k Protection and Expansion Act of1 98 9, $23 2,9 6 9,000, to remain available until expended
 * Provide

d, T hat, beginning in fiscal year 2010 and thereafter, procurements for the removal and restoration of the Elwha and G lines C anyon dams as authorized in Public L aw 102 – 49 5 may be issued which include the full scope of the project: Provided fu r th er, That the solicitation and contract shall contain the clause ‘ ‘availability of funds ’ ’ foundat48CF R 52.232.18: Provided further, That funds provided under this heading shall be made available without regard to the re q uirements of section 8 ( b ) of Public Law 102–543, as amended. LA N D AND W AT E R CONSER V ATION F UND ( RESCISSION ) The contract authority provided for fiscal year 2010 by 16 U . S .C. 460l–10a is rescinded. LAND AC Q UISITION AND STATE ASSISTANCE For expenses necessary to carry out the Land and W ater Con- servation Act of 1965, as amended (16 U.S.C. 460l–4 through 11), including administrative expenses, and for acquisition of lands or waters, or interest therein, in accordance with the statutory authority applicable to the National Park Service, $126,266,000, to be derived from the Land and Water Conservation Fund and to remain available until expended, of which $40,000,000 is for the State assistance program and of which $9,000,000 shall be for the American B attlefield Protection Program grants as author- ized by section 7 301 of the O mnibus Public Land M anagement Act of 2009 (Public Law 111–11). AD M INISTRATIVE P ROVISIONS (INCLUDIN G TRANSFER OF FUNDS) I n addition to other uses set forth in section 407(d) of Public Law 105–391, franchise fees credited to a sub-account shall be available for expenditure by the Secretary, without further appro- priation, for use at any unit within the National Park System to extinguish or reduce liability for Possessory Interest or leasehold surrender interest. Such funds may only be used for this purpose to the extent that the benefitting unit anticipated franchise fee receipts over the term of the contract at that unit exceed the amount of funds used to extinguish or reduce liability. Franchise fees at the benefitting unit shall be credited to the sub-account of the originating unit over a period not to exceed the term of a single contract at the benefitting unit, in the amount of funds so expended to extinguish or reduce liability. 10USC46 0 l– 10 anote.


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 123STA T . 2 9 13 PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 Forthec o s tso fadmin istration of the L and and W ater C on - ser v ation F u nd g rants authori z ed by section 105( a ) ( 2 )( B ) of the G u l fof M e x ico E nergy S ecurity A ct of 200 6 ( P ublic La w 10 9–43 2) , the N ational Par k Service may retain u p to 3 percent of the amounts which are authorized to be disbursed under such section, such retained amounts to remain available until expended . National Park Service funds may be transferred to the Federal H ighway Administration (FHWA), D epartment of T ransportation, for purposes authorized under 23 U .S.C. 204. Transfers may include a reasonable amount for FHWA administrative support costs. U NITED ST A TE S GE OL O G I C ALS URV E Y SURVEYS, INVESTIGATIONS, AND RESEARC H For expenses necessary for the United States Geological Survey to perform surveys, investigations, and research covering topog- raphy, geology, hydrology, biology, and the mineral and water resources of the United States, its territories and possessions, and other areas as authorized by 43 U.S.C. 31, 1332, and 1340 classify lands as to their mineral and water resources; give engineering supervision to power permittees and Federal Energy R egulatory Commission licensees; administer the minerals exploration program (30 U.S.C. 641); conduct in q uiries into the economic conditions affecting mining and materials processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 9 8 g(1)) and related purposes as author- ized by law; and to publish and disseminate data relative to the foregoing activities; $ 1,111, 7 40,000, to remain available until Sep- tember 30, 2011, of which $65,561,000 shall be available only for cooperation with States or municipalities for water resources inves- tigations; of which $40,150,000 shall remain available until expended for satellite operations; of which $7,321,000 shall be avail- able until expended for deferred maintenance and capital improve- ment pro j ects that exceed $100,000 in cost; and of which $2,000,000 shall be available to fund the operating expenses for the Civil Applications Committee
 * Provide

d, That none of the funds provided for the biological research activity shall be used to conduct new surveys on private property, unless specifically authorized in writing by the property owner: Provided fu r th er, That no part of this appropriation shall be used to pay more than one-half the cost of topographic mapping or water resources data collection and inves- tigations carried on in cooperation with States and municipalities. AD M INISTRATIVE P ROVISIONS From within the amount appropriated for activities of the United States Geological Survey such sums as are necessary shall be available for reimbursement to the General Services Administra- tion for security guard services; contracting for the furnishing of topographic maps and for the making of geophysical or other special- ized surveys when it is administratively determined that such proce- dures are in the public interest; construction and maintenance of necessary buildings and appurtenant facilities; acquisition of lands for gauging stations and observation wells; expenses of the United States National Committee on Geology; and payment of compensation and expenses of persons on the rolls of the Survey duly appointed to represent the United States in the negotiation and administration of interstate compacts: Provided, That activities 43USC50.


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 123STA T . 2 9 1 4PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 funde d byap p ro pr i a t ion sh erein m ademaybea c comp l ished throu g h the use of contracts , grants, or cooperati v e agreements as defined in 31U.S. C . 6 3 02 et se q.
 * Provide

d fu r th er, T hat the United States G eological Survey may enter into contracts or cooperative agree - ments directly w ith individuals or indirectly with institutions or nonprofit organi z ations, without regard to 4 1 U.S.C. 5 , for the temporary or intermittent services of students or recent graduates, who shall be considered employees for the purpose of chapters 5 7 and 8 1 of title 5, United States Code, relating to compensation for travel and wor k in j uries, and chapter 171 of title 28, United States Code, relating to tort claims, but shall not be considered to be F ederal employees for any other purposes. MINERALS MANA G E M EN T SER V I C E R OY ALTY AN D O F FS H ORE MINERALS MANAGEMENT For e x penses necessary for minerals leasing and environmental studies, regulation of industry operations, and collection of royalties, as authorized by law for enforcing laws and regulations applicable to oil, gas, and other minerals leases, permits, licenses and oper- ating contracts; for energy-related or other authorized marine- related purposes on the O uter Continental Shelf; and for matching grants or cooperative agreements, $ 175,217,000, to remain available until September 30, 2011, of which $8 9 ,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 A ugust 5, 1993, and from cost recovery fees: Provided , That notwithstanding 31 U.S.C. 3302, in fiscal year 2010, such amounts as are assessed under 31 U.S.C. 9701 shall be collected and credited to this account and shall be available until expended for necessary expenses: Provided further, That to the extent $156,730,000 in addition to receipts are not realized from the sources of receipts stated above, the amount needed to reach $156,730,000 shall be credited to this appropriation from receipts resulting from rental rates for Outer Continental Shelf leases in effect before August 5, 1993: Provided further, That the term ‘ ‘qualified Outer Continental Shelf revenues ’ ’, as defined in section 102 ( 9 ) (A) of the Gulf of Mexico E nergy Security Act, division Cof P ublic L aw 109 – 432, shall include only the portion of rental revenues that would have been collected at the rental rates in effect before August 5, 1993: Provided further, That not to exceed $3,000 shall be available for reasonable expenses related to pro- moting volunteer beach and marine cleanup activities: Provided further, That notwithstanding any other provision of law, $15,000 under this heading shall be available for refunds of overpayments in connection with certain I ndian leases in which the D irector of MMS concurred with the claimed refund due, to pay amounts owed to Indian allottees or tribes, or to correct prior unrecoverable erroneous payments: Provided further, That for the costs of adminis- tration of the Coastal Impact Assistance Program authorized by section 31 of the Outer Continental Shelf Lands Act, as amended (43 U.S.C. 1456a), in fiscal year 2010, MMS may retain up to 4 percent of the amounts which are disbursed under section 31(b)(1), such retained amounts to remain available until expended.


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 123STA T . 2 9 1 5PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 Foran a d d it iona l a m o u nt ,$10 ,000,000, to r e main a v aila b le until e xp ended, wh i c h s hall be derived f rom non - refundable inspec- tion fees collected in fiscal y ear 2 010, as provided in this A ct
 * Provide

d, T hat to the extent that such amounts are not reali z ed from such fees, the amount needed to reach $10,000,000 shall be credited to this appropriation from receipts resultin g from rental rates for O uter C ontinental S helf leases in effect before August 5 ,1 9 9 3.OILSP ILL RE SE A R CH For necessary expenses to carry out title I , section 101 6, title I V , sections 4 202 and 4303, title VII, and title VIII, section 8 201 of the Oil P ollution Act of 1990, $6,303,000, which shall be derived from the Oil Spill L iability Trust Fund, to remain available until expended. A DM I N IS T RATI V E PROVISION N otwithstanding the provisions of section 35 ( b ) of the M ineral Leasing Act, as amended (30 U .S.C. 191(b)), the Secretary shall deduct 2 percent from the amount payable to each State in fiscal year 2010 and deposit the amount deducted to miscellaneous receipts of the Treasury. O F FICE OF S U RFACE MININ GR ECLAMATION AND E NFORCEMENT REGULATION AND TECHNOLOG Y For necessary expenses to carry out the provisions of the Sur- face Mining Control and Reclamation Act of 19 7 7, Public Law 95 – 87, as amended, $127,180,000, to remain available until Sep- tember 30, 2011: Provided , That appropriations for the Office of Surface Mining Reclamation and Enforcement may provide for the travel and per diem expenses of State and tribal personnel attending Office of Surface Mining Reclamation and Enforcement sponsored training. A B ANDONED MINE RECLAMATION FUND For necessary expenses to carry out title IV of the Surface Mining Control and Reclamation Act of 1977, Public Law 95–87, as amended, $35,588,000, to be derived from receipts of the Aban- doned Mine Reclamation Fund and to remain available until expended: Provided, That pursuant to Public Law 97–365, the D epartment of the Interior is authorized to use up to 20 percent from the recovery of the delin q uent debt owed to the United States G overnment to pay for contracts to collect these debts: Provided fu r th er, That funds made available under title IV of Public Law 95–87 may be used for any required non-Federal share of the cost of pro j ects funded by the Federal Government for the purpose of environmental restoration related to treatment or abatement of acid mine drainage from abandoned mines: Provided further, That such projects must be consistent with the purposes and prior- ities of the Surface Mining Control and Reclamation Act: Provided further, That amounts provided under this heading may be used for the travel and per diem expenses of State and tribal personnel 30USC12 11 note.


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 123STA T . 2 9 1 6PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 at t endi n gOf fi c e o f Sur face M ining R ec l a m ation and E nforcement sp onsored training .ADMIN I STR ATI VEP R O VISION W it h funds a v aila b le for the T echnical I nnovation and P rofes - sional Services program in this A ct , the Secretar y may transfer title for computer hard w are, software and other technical e q uipment to State and tribal regulatory and reclamation programs. BU REAU O F INDIAN AFFAIRS OPERATION OF INDIAN PRO G RAMS ( IN CL UDING TRANSFER OF FUNDS )F ore x penses necessary for the operation of Indian programs, as authori z ed by law, including the Snyder Act of N ovember 2, 19 21 ( 2 5U .S. C . 1 3) , the Indian Self- D etermination and Education Assistance Act of 19 7 5 (25 U.S.C. 4 5 0 et seq.), as amended, the Education Amendments of 197 8 (25 U.S.C. 2001 – 2019), and the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.), as amended, $ 2,335,9 6 5,000, to remain available until September 30, 2011 except as otherwise provided herein of which not to exceed $30,000 may be for official reception and representation expenses; of which not to exceed $74,915,000 shall be for welfare assistance payments
 * Provide

d , That in cases of designated Federal disasters, the Secretary may exceed such cap, from the amounts provided herein, to provide for disaster relief to Indian communities affected by the disaster; and of which, notwithstanding any other provision of law, including but not limited to the Indian Self- Determination Act of 1975, as amended, not to exceed $166,000,000 shall be available for payments for contract support costs associated with ongoing contracts, grants, compacts, or annual funding agree- ments entered into with the Bureau prior to or during fiscal year 2010, as authorized by such Act, except that tribes and tribal organizations may use their tribal priority allocations for unmet contract support costs of ongoing contracts, grants, or compacts, or annual funding agreements and for unmet welfare assistance costs; of which not to exceed $568,702,000 for school operations costs of Bureau-funded schools and other education programs shall become available on J uly 1, 2010, and shall remain available until September 30, 2011; of which $25,000,000 shall be for public safety and j ustice programs as authorized by the Emergency Fund for Indian Safety and H ealth, established by section 601 of Public L aw 110–293 (25 U.S.C. 443c); and of which not to exceed $59,895,000 shall remain available until expended for housing improvement, road maintenance, attorney fees, litigation support, the Indian Self-Determination Fund, land records improvement, and the Navajo-Hopi Settlement Program: Provided fu r th er, That notwithstanding any other provision of law, including but not lim- ited to the Indian Self-Determination Act of 1975, as amended, and 25 U.S.C. 2008, not to exceed $43,373,000 within and only from such amounts made available for school operations shall be available for administrative cost grants associated with ongoing grants entered into with the Bureau prior to or during fiscal year 2009 for the operation of Bureau-funded schools, and up to $500,000


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 123STA T . 2 9 1 7PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 with i na n do n lyfr o msuc h amounts mad e a v aila b le for administra - tive cost g rants shall be available for the transitional costs of initial administrative cost grants to grantees that assume o p eration on or after J uly 1,20 0 9 ,of B ureau-funded schools
 * Provide

d fu r th er ,T hat any forestry funds allocated to a tribe which remain unobli- gated as of S eptember 3 0, 2011, may be transferred during fiscal year 2012 to an I ndian forest land assistance account established for the benefit of the holder of the funds within the holder ’ s trust fund account: Provided further, That any such unobligated balances not so transferred shall e x pire on September 30, 2012: Provided further, That in order to enhance the safety of Bureau field employees, the Bureau may use funds to purchase uniforms or other identifying articles of clothing for personnel .CONSTRU CT I ON ( INC L U D IN G TR A NS FE R OF FUNDS )F or construction, repair, improvement, and maintenance of irrigation and power systems, buildings, utilities, and other facili- ties, including architectural and engineering services by contract ac q uisition of lands, and interests in lands; and preparation of lands for farming, and for construction of the N ava j o Indian Irriga- tion P roject pursuant to Public L aw 87–4 83, $ 22 5 ,000,000, to remain available until expended: Provided, That such amounts as may be available for the construction of the Navajo Indian Irrigation Project may be transferred to the Bureau of R eclamation: Provided further, That not to exceed 6 percent of contract authority available to the Bureau of Indian A ffairs from the Federal H ighway Trust Fund may be used to cover the road program management costs of the Bureau: Provided further, That any funds provided for the Safety of D ams program pursuant to 25 U .S. C. 13 shall be made available on a nonreimbursable basis: Provided further, That for fiscal year 2010, in implementing new construction or facilities improvement and repair project grants in excess of $100,000 that are provided to grant schools under Public Law 100–297, as amended, the Secretary of the Interior shall use the Administrative and Audit Requirements and Cost Principles for Assistance Pro- grams contained in 43 CFR part 12 as the regulatory requirements: Provided further, That such grants shall not be subject to section 12.61 of 43 CFR; the Secretary and the grantee shall negotiate and determine a schedule of payments for the wor k to be performed: Provided further, That in considering grant applications, the Sec- retary shall consider whether such grantee would be deficient in assuring that the construction projects conform to applicable building standards and codes and Federal, tribal, or State health and safety standards as required by 25 U.S.C. 2005 ( b ) , with respect to organi z ational and financial management capabilities: Provided further, That if the Secretary declines a grant application, the Secretary shall follow the requirements contained in 25 U.S.C. 2504(f): Provided further, That any disputes between the Secretary and any grantee concerning a grant shall be subject to the disputes provision in 25 U.S.C. 2507(e): Provided further, That in order to ensure timely completion of construction projects, the Secretary may assume control of a project and all funds related to the project, if, within eighteen months of the date of enactment of this Act, any grantee receiving funds appropriated in this Act or in any Negotia tio n.Exp i r ation d ate.


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 123STA T . 2 9 1 8PUBLIC LA W 111 – 88 —O CT. 3 0, 2009 prio r Act,hasn ot co m p le te d the plannin g and design phase o f the pro j ect and commenced constr u ction
 * Provide

d fu r th er ,T hat this appropriation ma yb e reimbursed from the O ffice of the S pecial Trustee for American I ndians appropriation for the appropriate share of construction costs for space e x pansion needed in agency offices to meet trust reform implementation .IND I A N L AND AND W A TERC LAI MS ETTLEMENTS AND MISCELLANE OU S P A Y MENTS TO INDIANS F or payments and necessary administrati v e expenses for implementation of Indian land and w ater claim settlements pursu - ant to P ublic L aws 9 9 –264, 10 0– 58 0, 101–618, 108–44 7 , 109– 3 79, 109–479, 110–297, and 111–11, and for implementation of other land and water rights settlements, $ 47,380,000, to remain available until expended. INDIAN G UARANTEED 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 authori z ed 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 C ongressional B udget Act of 1974: Provided further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed or insured, not to exceed $93,807,956. INDIAN LAND CONSOLIDATION For consolidation of fractional interests in Indian lands and expenses associated with redetermining and redistributing escheated interests in allotted lands, and for necessary expenses to carry out the Indian Land Consolidation Act of 1983, as amended, by direct expenditure or cooperative agreement, $3,000,000, to remain available until expended. ADMINISTRATI V E 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. N otwithstanding 25 U .S.C. 15, the Bureau of Indian Affairs may contract for services in support of the management, operation, and maintenance of the Power D ivision of the San Carlos Irrigation Project. Appropriations for the Bureau of Indian Affairs ( except the R evolving Fund for Loans Li q uidating Account, Indian Loan G uar- anty and Insurance Fund Liquidating Account, Indian Guaranteed Loan Financing Account, Indian Direct Loan Financing Account, and the Indian Guaranteed Loan Program account ) shall be avail- able for expenses of exhibits. Notwithstanding any other provision of law, no funds available to the Bureau of Indian Affairs for central office oversight and E xecutive Direction and Administrative Services (except executive direction and administrative services funding for Tribal Priority


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Page:United States Statutes at Large Volume 123.djvu/2939

 123STA T . 2 9 19 PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 Al l ocati o ns,reg ional o f fices, an d facilities o p erations and m ainte - nance ) s h all b ea v ailable for contracts, grants, compacts, or coopera- tive agreements w ith the Bu reau of I ndian Affairs under the provi- sions of the Indian S elf- D etermination Act or the T ribal Self- G overn- ance Act of 19 9 4(P ublic L aw1 03– 413) . In the event an y tribe returns appropriations made available by this Act to the Bureau of Indian Affairs, this action shall not diminish the F ederal Government ’ s trust responsibility to that tribe, or the government-to-government relationship between the U nited States and that tribe, or that tribe’s ability to access future appro- priations. N otwithstanding any other provision of law, no funds available to the Bureau, other than the amounts provided herein for assist- ance to public schools under 25 U.S. C . 452etse q ., shall be available to support the operation of any elementary or secondary school in the State of Alas k a. 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, 199 6 . No funds available to the Bureau shall be used to support e x panded 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 O ctober 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 E ducation Amendments of 19 78 (25 U.S.C. 2026)), except that a charter school that is in existence on the date of the enactment of this Act and that has operated at a Bureau- funded school before September 1, 1999, may continue to operate during that period, but only if the charter school pays to the Bureau a pro rata share of funds to reimburse the Bureau for the use of the real and personal property (including buses and vans), the funds of the charter school are kept separate and apart from Bureau funds, and the Bureau does not assume any obligation for charter school programs of the State in which the school is located if the charter school loses such funding. Employees of Bureau-funded schools sharing a campus with a charter school and performing functions related to the charter schools operation and employees of a charter school shall not be treated as Federal employees for purposes of chapter 171 of title 28, United States Code. Notwithstanding any other provision of law, including section 113 of title I of appendix C of Public Law 106–113, if in fiscal year 2003 or 2004 a grantee received indirect and administrative costs pursuant to a distribution formula based on section 5(f) of Public Law 101–301, the Secretary shall continue to distribute indirect and administrative cost funds to such grantee using the section 5(f) distribution formula. D EPARTM E N TA L O F F IC E S OFFICE O FT H E SECRETAR Y SALARIES AN D E X PENSES For necessary expenses for management of the Department of the Interior, $ 118,836,000 of which not to exceed $25,000 may Charte r sc h o o l s .


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Page:United States Statutes at Large Volume 123.djvu/2940

 123STA T . 2 9 2 0PUBLIC LA W 111 –8 8 —O CT. 30 , 2009 befor off ic i al rece pt io n an d repre s entation e x penses and of wh ich u pto $1,0 00,000 shall be a v ailable for wor k ers co m pensation pa y- ments and unemployment compensation payments associated with the orderly closure of the U nited S tates B ureau of M ines; and of which $1 2 ,1 36 ,000 for consolidated appraisal services is to be derived from the L and and W ater C onservation F und and shall remain available until expended
 * Provide

d ,T hat, for fiscal year 2010upto$ 4 00,000 of the payments authori z ed by the A ct of O ctober 20, 1 97 6, as amended ( 31U . S.C. 6901 – 6907 ) may be retained for administrative expenses of the P ayments in Lieu of Taxes Pro g ram: Provided fu r th er, That no payment shall be made pursuant to that Act to otherwise eligible units of local government if the computed amount of the payment is less than $100: Provided further, That for fiscal years 200 8 through 2012 the Secretary may reduce the payment authorized by 31 U.S.C. 6901–6907, as amended, for an individual county by the amount necessary to correct prior year overpayments to that county: Provided further, That for fiscal years 2008 through 2012 the amount needed to correct a prior year underpayment to an individual county shall be paid from any reductions for overpayments to other counties and the amount necessary to cover any remaining underpayment is hereby appropriated and shall be paid to individual counties using current fiscal year funds. INSULAR A F FA I RS ASSIS T AN CE T O TERRITORIES For expenses necessary for assistance to territories under the j urisdiction of the D epartment of the Interior, $8 5 ,195,000, of which: (1) $75,915,000 shall remain available until expended for technical assistance, including maintenance assistance, disaster assistance, insular management controls, coral reef initiative activities, and brown tree snake control and research; grants to the judiciary in American Samoa for compensation and expenses, as authorized by law (48 U.S.C. 1661(c)); grants to the G overnment of American Samoa, in addition to current local revenues, for construction and support of governmental functions; grants to the Government of the V irgin Islands as authorized by law; grants to the Government of Guam, as authorized by law; and grants to the Government of the N orthern Mariana Islands as authorized by law (Public Law 94–241; 90 Stat. 272); and (2) $9,280,000 shall be available until September 30, 2011 for salaries and expenses of the Office of Insular Affairs: Provided, That all financial transactions of the territorial and local governments herein provided for, including such transactions of all agencies or instrumentalities established or used by such governments, may be audited by the Government Accountability Office, at its discretion, in accordance with chapter 35 of title 31, United States Code: Provided further, That Northern Mariana Islands Covenant grant funding shall be provided according to those terms of the Agreement of the Special R epresent- atives on Future United States Financial Assistance for the Northern Mariana Islands approved by Public Law 104–134: Pro - vided further, That of the amounts provided for technical assistance, sufficient funds shall be made available for a grant to the Pacific Basin Development Council: Provided further, That of the amounts provided for technical assistance, sufficient funding shall be made CloseUpF o undati on .Gr ants. P a c i f ic B asin D e v elop m ent Council. 48 U S C 1 4 69b .


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 123STA T . 2 9 21 PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 av a il a b l efor a g ra nt tot h e C lo s e UpF o u n d ation
 * Provide

d fu r th er ,T hat the funds for the progra m of operations and maintenan c e improvement are appropriated to institutionali z e routine operations and maintenance improvement of capital infrastructure w ith terri - torial participation and cost sharing to be determined b y the S ec- retary based on the grantee ’ s commitment to timely maintenance of its capital assets: Provided further, That any appropriation for disaster assistance under this heading in this A ct or previous appro- priations Acts may be used as non-Federal matching funds for the purpose of hazard mitigation grants provided pursuant to sec- tion 40 4ofthe R obert T. Stafford D isaster Relief and E mergency Assistance Act ( 4 2 U.S.C. 517 0c ) . COMPA C T O F F RE EA S SOC I ATIO N For grants and necessary e x penses, $ 5, 3 1 8 ,000, to remain avail- able until expended, as provided for in sections 221(a)(2), 221(b), and 233 of the Compact of Free Association for the Republic of P alau and section 221(a)(2) of the Compacts of Free Association for the G overnment of the Republic of the M arshall I slands and the Federated States of Micronesia, as authorized by Public L aw 9 9 –6 58 and Public Law 108–188. A D MINISTRATI V E PROVISIONS ( INC LU DIN G TRANSFER OF FUNDS ) At the re q uest of the Governor of Guam, the Secretary may transfer discretionary funds or mandatory funds provided under section 104(e) of Public Law 108–188 and Public Law 104–134, that are allocated for Guam, to the Secretary of Agriculture for the subsidy cost of direct or guaranteed loans, plus not to exceed three percent of the amount of the subsidy transferred for the cost of loan administration, for the purposes authorized by the Rural Electrification Act of 1936 and section 306(a)(1) of the Consoli- dated Farm and Rural Development Act for construction and repair pro j ects in Guam, and such funds shall remain available until expended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional B udget Act of 1974: Provided further, That such loans or loan guarantees may be made without regard to the population of the area, credit elsewhere requirements, and restrictions on the types of eligible entities under the Rural Electrification Act of 1936 and section 306(a)(1) of the Consolidated Farm and Rural Development Act: Provided further, That any funds transferred to the Secretary of Agriculture shall be in addition to funds otherwise made available to ma k e or guarantee loans under such authorities. O FFICE OF T H E SOLICITOR SALARIES AND E X PENSES For necessary expenses of the Office of the Solicitor, $65,076,000.


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Page:United States Statutes at Large Volume 123.djvu/2942

 123STA T . 2 9 22 PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 OF F ICEO F INSP EC T O RG ENER AL SALARIES AN D E X PENSES Fornec e s s a r y e xp enses o fth e Off i ce of Inspector Genera l,$48 , 590 ,000 . OFFICE OF T H E S PECIAL T R U STEE FOR AM ERICAN INDIANS FEDERAL TRUST PRO G RAMS ( INCLUDING TRANSFER OF FUNDS ) For the operation of tr u st pro g ra m sforIn d ians b y direct expenditure, contracts, cooperati v e agreements, compacts, and grants, $ 1 85,984,000, to remain available until expended, of w hich not to exceed $5 6 ,5 3 6,000 from this or any other Act, shall be available for historical accounting
 * Provide

d, That funds for trust management improvements and litigation support may, as needed, be transferred to or merged with the B ureau of Indian Affairs, ‘ ‘Operation of Indian P rograms ’ ’ account the Office of the Solicitor, ‘‘Salaries and E xpenses’’ account; and the Office of the Secretary, ‘‘Salaries and Expenses’’ account: Provided fu r th er, That funds made available through contracts or grants obligated during fiscal year 2 010, as authori z ed by the Indian Self -D etermination Act of 19 7 5 ( 25 U .S. C . 450 et se q . ) , shall remain available until expended by the contractor or grantee: Provided further, That, notwithstanding any other provision of law, the statute of limitations shall not commence to run on any claim, including any claim in litigation pending on the date of the enactment of this Act, concerning losses to or mismanagement of trust funds, until the affected tribe or individual Indian has been furnished with an accounting of such funds from which the beneficiary can determine whether there has been a loss: Provided further, That, notwithstanding any other provision of law, the Secretary shall not be required to provide a quarterly statement of performance for any Indian trust account that has not had activity for at least 18 months and has a balance of $15.00 or less: Provided further, That the Secretary shall issue an annual account statement and maintain a record of any such accounts and shall permit the balance in each such account to be withdrawn upon the express written request of the account holder: Provided further, That not to exceed $50,000 is available for the Secretary to ma k e payments to correct administrative errors of either disbursements from or deposits to Individual Indian M oney or Tribal accounts after September 30, 2002: Provided further, That erroneous payments that are recovered shall be credited to and remain available in this account for this purpose. DEPARTMENT- W IDE PROGRAMS WILDLAND FIRE MANAGEMENT (INCLUDING TRANSFERS OF FUNDS) For necessary expenses for fire preparedness, suppression oper- ations, fire science and research, emergency rehabilitation, haz- ardous fuels reduction, and rural fire assistance by the Department of the Interior, $794,897,000, to remain available until expended, Deadlin e .Ac c ou n ts tate m ent. R eco r ds.


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 123STA T . 2 9 23 PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 ofwhic h n o t to ex cee d$6,137 , 0 00 s h al l b efo r the reno v ation or constr u ction of fire facilities
 * Provide

d, T hat such funds are also available for re p a ym ent of advances to other appropriation accounts from which funds were previously transferred for such purposes: Provided fu r th er, That persons hired pursuant to 4 3 U.S. C . 146 9 may be furnished subsistence and lod g ing without cost from funds available from this appropriation: Provided further, That notwith - standing 4 2 U.S.C. 1 85 6d, sums received by a bureau or office of the D epartment of the I nterior for fire protection rendered pursu- ant to 42 U.S.C. 1856 et se q ., protection of United States property, may be credited to the appropriation from which funds were expended to provide that protection, and are available without fiscal year limitation: Provided further, That using the amounts designated under this title of this A ct, the Secretary of the Interior may enter into procurement contracts, grants, or cooperative agree- ments, for ha z ardous fuels reduction activities, and for training and monitoring associated with such hazardous fuels reduction activities, on F ederal land, or on ad j acent non-Federal land for activities that benefit resources on Federal land: Provided further, That the costs of implementing any cooperative agreement between the Federal G overnment and any non-Federal entity may be shared, as mutually agreed on by the affected parties: Provided further, That notwithstanding requirements of the Competition in Con- tracting Act, the Secretary, for purposes of hazardous fuels reduc- tion activities, may obtain maximum practicable competition among: ( 1 ) local private, nonprofit, or cooperative entities (2) Y outh Con- servation Corps crews, P ublic L ands Corps (Public Law 109 – 154), or related partnerships with State, local, or non-profit youth groups; (3) small or micro-businesses; or (4) other entities that will hire or train locally a significant percentage, defined as 50 percent or more, of the project wor k force to complete such contracts: Pro - vided further, That in implementing this section, the Secretary shall develop written guidance to field units to ensure accountability and consistent application of the authorities provided herein: Pro- vided further, That funds appropriated under this head may be used to reimburse the United States Fish and W ildlife Service and the N ational M arine Fisheries Service for the costs of carrying out their responsibilities under the E ndangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference, as required by section 7 of such Act, in connection with wildland fire manage- ment activities: Provided further, That the Secretary of the Interior may use wildland fire appropriations to enter into non-competitive sole source leases of real property with local governments, at or below fair market value, to construct capitalized improvements for fire facilities on such leased properties, including but not limited to fire guard stations, retardant stations, and other initial attack and fire support facilities, and to make advance payments for any such lease or for construction activity associated with the lease: Provided further, That the Secretary of the Interior and the Sec- retary of Agriculture may authorize the transfer of funds appro- priated for wildland fire management, in an aggregate amount not to exceed $50,000,000, between the Departments when such transfers would facilitate and expedite jointly funded wildland fire management programs and projects: Provided further , That funds provided for wildfire suppression shall be available for support of Federal emergency response actions: Provided further, That no less than $125,000,000 in prior-year wildfire suppression balances Guidel i n e s.


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 123STA T . 2 9 2 4PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 shal l bem a d ea v a i lable i n addi t i o ntoamo u nts pr ovided in this Ac t f or that purpose .FLAMEWI L D FI R E SUP PRESSI ON RESER V E FUND ( IN C LUDIN GT RANSFERS OF FUNDS )F or deposit in the F L A MEW ildfire S uppression R eserve Fund created in title V, section 502( b ) of this Act, $61 ,000,000, to remain available until e x pended. CENTRAL H A Z ARDOUS MATERIALS FUND For necessar y expenses of the D epartment of the I nterior and any of its component offices and bureaus for the response action, includin g associated activities, performed pursuant to the C om - prehensive Environmental Response, Compensation, and Liability Act, as amended ( 4 2 U .S.C. 9 601 et se q .), $10,1 7 5,000, to remain available until expended
 * Provide

d, T hat P ublic La w 110 – 161 (121 Stat. 2116) under this heading is amended by stri k ing ‘ ‘in advance of or as reimbursement for remedial action or response activities conducted by the Department pursuant to section 107 or 11 3 (f) of such Act ’ ’ and inserting in lieu thereof ‘‘including any fines or penalties’’. NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION NATURAL RESOURCE DAMAGE ASSESSMENT FUND To conduct natural resource damage assessment and restora- tion activities by the Department of the Interior necessary to carry out the provisions of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (42 U.S.C. 9601 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.), the O il Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and Public Law 101–337, as amended (16 U.S.C. 19 j j et seq.), $6,462,000, to remain available until expended. WOR K ING CAPITAL FUND For the acquisition of a departmental financial and business management system and information technology improvements of general benefit to the Department, $ 8 5,823,000, 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 H ouse and Senate Committees on Appropriations: Provided fu r th er, That the Secretary may assess reasonable charges to State, local and tribal government employees for training services provided by the N ational Indian Program Training Center, other than training related to Public Law 93–638: Provided further, That the Secretary may lease or otherwise provide space and related facili- ties, equipment or professional services of the National Indian Program Training Center to State, local and tribal government employees or persons or organi z ations engaged in cultural, edu- cational, or recreational activities (as defined in 40 U.S.C. 3306(a)) at the prevailing rate for similar space, facilities, equipment, or 42USC9607note.


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 123STA T . 2 9 2 5PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 servic esi nth e vicinit yof the Na tiona lI n d ian P ro g ra mT raining C enter
 * Provide

d fu r th er , That all f u nds received p ursuant to the t w o preceding provisos shall b e credited to this account, shall be available until e x pended, and shall be used by the S ecretary for necessary expenses of the National Indian Program Training Center .ADMIN I STR ATI VEP R O VISION There is hereby authori z ed for ac q uisition from available resources within the W or k ing Capital F und, 15 aircraft, 1 0 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. G ENERA L PROVISIONS, D EPARTMENT O F T H E INTERIOR ( IN C L U DIN G TRANSFERS OF FUNDS ) EMERGENC Y TRANSFER AUTHORITY — INTRA- B UREAU SEC. 101. A ppropriations made in this title shall be available for expenditure or transfer ( within each bureau or office ) , with the approval of the Secretary, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facili- ties or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: Provided, That no funds shall be made available under this authority until funds specifically made avail- able to the Department of the Interior for emergencies shall have been exhausted: Provided further, That all funds used pursuant to this section must be replenished by a supplemental appropriation which must be requested as promptly as possible. EMERGENCY TRANSFER AUTHORITY—DEPARTMENT- W IDE SEC. 10 2 . 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 j urisdiction of the Depart- ment of the Interior for the emergency rehabilitation of burned- over lands under its jurisdiction; for emergency actions related to potential or actual earthquakes, floods, volcanoes, storms, or other unavoidable causes; for contingency planning subsequent to actual oil spills; for response and natural resource damage assess- ment activities related to actual oil spills; for the prevention, suppression, and control of actual or potential grasshopper and M ormon cricket outbreaks on lands under the jurisdiction of the Secretary, pursuant to the authority in section 1 7 7 3 (b) of Public L aw 9 9 – 19 8 (99 Stat. 1 6 58); for emergency reclamation projects under section 4 10 of Public Law 95–87; and shall transfer, from any no year funds available to the O ffice of Surface Mining R eclama- tion and E nforcement, such funds as may be necessary to permit assumption of regulatory authority in the event a primacy State is not carrying out the regulatory provisions of the Surface Mining Act: Provided, That appropriations made in this title for wildland


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 123STA T . 2 9 2 6PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 fireop er at io ns s h a l l b ea v ailable for the pa ym ent of obli g ations in cu rre d during the preceding fiscal year , and for reimbursement to other F ederal agencies for destruction of vehicles, aircraft, or other e q uipment in connection w ith their use for wildland fire operations, such reimbursement to be credited to appropriations currently available at the time of receipt thereof
 * Provide

d fu r th er, T hat for wildland fire operations, no funds shall be made available under this authority until the S ecretary determines that funds appropriated for ‘ ‘wildland fire operations ’ ’ and ‘‘F LAMEW ildfire Suppression R eserve Fund’’ shall be e x hausted within 30 days: Provided further, That all funds used pursuant to this section must be replenished by a supplemental appropriation which must be requested as promptly as possible: Provided further, That such replenishment funds shall be used to reimburse, on a pro rata basis, accounts from which emergency funds were transferred .AUTHORIZED U S EO F FU N DS SE C . 1 03. Appropriations made to the D epartment of the I nterior in this title shall be available for services as authori z ed by 5U .S. C . 310 9, when authorized by the Secretary, in total amount not to exceed $ 500,000 purchase and replacement of motor vehicles, including specially equipped law enforcement vehicles; hire, mainte - nance, and operation of aircraft; hire of passenger motor vehicles; purchase of reprints; payment for telephone service in private resi- dences in the field, when authorized under regulations approved by the Secretary; and the payment of dues, when authorized by the Secretary, for library membership in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members. AUTHORIZED USE OF FUNDS SEC. 10 4 . Appropriations made in this Act under the headings B ureau of Indian Affairs and O ffice of the Special Trustee for American Indians and any unobligated balances from prior appro- priations Acts made under the same headings shall be available for expenditure or transfer for Indian trust management and reform activities. Total funding for historical accounting activities shall not exceed amounts specifically designated in this Act for such purpose. REDISTRI B UTION OF FUNDS SEC. 105. N otwithstanding any other provision of law, the Secretary of the Interior is authorized to redistribute any Tribal P riority Allocation funds, including tribal base funds, to alleviate tribal funding inequities by transferring funds to address identified, unmet needs, dual enrollment, overlapping service areas or inac- curate distribution methodologies. No tribe shall receive a reduction in Tribal Priority Allocation funds of more than 10 percent in fiscal year 2 010. Under circumstances of dual enrollment, overlap- ping service areas or inaccurate distribution methodologies, the 10 percent limitation does not apply. Det e rmina ti o n .


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 123STA T . 2 9 2 7PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 TWINC ITI ESR ESE A RC H CENTER S EC .106 . Notwi t hs t and in g an y oth erp ro v ision o fl aw , in c on - veying the T win C ities R esearch Center u nder the authority pro- vided b y P ublic L aw 10 4– 1 3 4,asa m ended by Public Law 104– 2 0 8, the Secretary may accept and retain land and other forms of reimbursement
 * Provide

d , That the Secretary may retain and use any such reimbursement until e x pended and without further appropriation: ( 1 ) for the benefit of the National W ildlife Refuge System within the State of M innesota and (2) for all activities authori z edby16 U .S.C. 460zz. P A YM ENT OF FEES SEC. 10 7 . The Secretary of the I nterior may use discretionary funds to pay private attorney fees and costs for employees and former employees of the D epartment 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 J ustice or by private insurance. In no case shall the Secretary ma k e pay- ments under this section that would result in payment of hourly fees in excess of the highest hourly rate approved by the District Court for the District of Columbia for counsel in Cobell v. Salazar. MASS MAR K IN G OF SA L MONI D S SEC. 108. The United States F ish and Wildlife Service shall, in carrying out its responsibilities to protect threatened and endan- gered species of salmon, implement a system of mass marking of salmonid stocks, intended for harvest, that are released from federally operated or federally financed hatcheries including but not limited to fish releases of coho, chinook, and steelhead species. Marked fish must have a visible mark that can be readily identified by commercial and recreational fishers. ELLIS, GO V ERNORS, AND LI B ERTY ISLANDS SEC. 10 9 . Notwithstanding any other provision of law, the Secretary of the Interior is authorized to ac q uire lands, waters, or interests therein including the use of all or part of any pier, dock, or landing within the State of New Y ork and the State of New Jersey, for the purpose of operating and maintaining facili- ties in the support of transportation and accommodation of visitors to E llis, G overnors, and Liberty Islands, and of other program and administrative activities, by donation or with appropriated funds, including franchise fees (and other monetary consideration), or by exchange; and the Secretary is authorized to negotiate and enter into leases, subleases, concession contracts or other agree- ments for the use of such facilities on such terms and conditions as the Secretary may determine reasonable. PROHIBITION ON U SE OF FUNDS SEC. 110. (a) A ny 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. Certif i ca ti on.N e wY or k. New J er s e y . Contracts.


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 123STA T . 2 9 2 8PUBLIC LA W 111 – 88 —O CT. 3 0, 2009 (b)Nofundsap p r opr i a te dorot h er w ise m ade a v ai l able to the D epartment of the I nterior ma y be used , in relation to any proposal to store water under g round for the purpose of e x port, for approval of any right - of-way or similar authori z ation on the M o j ave National P reserve or lands managed by the Needles F ield O ffi c eofthe B ureau of L and Management, or for carrying out any activities associated with such right-of-way or similar approval .CONTRIBU TION A UT H ORIT YSE C. 1 11. T itle 43U .S. C. 14 7 3, as amended by Public Law 111 –8, is further amended by stri k ing ‘ ‘in fiscal years 20 08 and 200 9 only ’ ’ and inserting ‘‘in fiscal years 2010 through 2013’’. U S EO F COO P ERATI V EA G REE M ENTS SEC. 112. For fiscal year 2010, and each fiscal year thereafter, the Secretary of the Interior may enter into cooperative agreements with a State or political subdivision (including any agency thereof), or any not-for-profit organization if the agreement will (1) serve a mutual interest of the parties to the agreement in carrying out the programs administered by the Department of the Interior and (2) all parties will contribute resources to the accomplishment of these objectives. A t the discretion of the Secretary, such agree- ments shall not be subject to a competitive process. ICE AGE NATIONA L SCENIC TRAIL SEC. 113. Funds provided in this Act for Federal land ac q uisi- tion by the National Park Service for Ice Age National Scenic Trail may be used for a grant to a State, a local government, or any other land management entity for the acquisition of lands without regard to any restriction on the use of Federal land acquisi- tion funds provided through the Land and W ater Conservation Fund Act of 19 65 as amended. CONFORMING AMEN D MENT SEC. 114. Notwithstanding any other provision of law, Sections 109 and 110 of the Federal Oil and G as R oyalty Management Act (30 U.S.C. 1719 and 1720) shall, for fiscal year 2010 and each fiscal year thereafter, apply to any lease authorizing explo- ration for or development of coal, any other solid mineral, or any geothermal resource on any Federal or Indian lands and any lease, easement, right of way, or other agreement, regardless of form, for use of the Outer Continental Shelf or any of its resources under sections 8(k) or 8(p) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(k) and 1337(p)) to the same extent as if such lease, easement, right of way, or other agreement, regardless of form, were an oil and gas lease, except that in such cases the term ‘‘royalty payment’’ shall include any payment required by such lease, easement, right of way or other agreement, regardless of form, or by applicable regulation. OUTER CONTINENTAL SHELF INSPECTION FEES SEC. 115. (a) In fiscal year 2010, the Minerals Management Service (MMS) shall collect a non-refundable inspection fee, which Ap p licab ili ty.Con t r act s . 30US C 172 0a. 4 3USC14 5 7b.


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 123STA T . 2 9 29 PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 shal l bed e po s it edi n the ‘ ‘ R o y alty and Of fsho r e M inerals Mana g e -m ent ’ ’a c co u nt , from the designated operator for facilities sub j ect to inspection by MM S under 43U. S. C . 1 34 8( c ) that are abo v e the w aterline, e x cept mobile offshore drilling units, and are in place at the start of fiscal year 20 10. (b) F ees for 2010 shall be (1) $ 2,000 for facilities with no wells, but with processing e q uipment or gathering lines (2) $3,2 5 0 for facilities with one to ten wells, with any combination of active or inactive wells; and (3) $ 6 ,000 for facilities with more than ten wells, with any combination of active or inactive wells. (c) MMS will bill designated operators within 60 days of enact- ment of this A ct, with payment required within 30 days of billing. PROHIB I T IO N ON USE O F FUN D S, POINT RE Y ESN A TIONA L SEASHORE SE C . 116. N one of the funds in this Act may be used to further reduce the number of Axis or Fallow deer at P oint Reyes National Seashore below the number as of the date of enactment of this Act. YOSE M ITE NATIONAL PAR K AUTHORI Z ED PAYMENTS, AMENDMENT SEC. 11 7 . Section 101(a)(1) of Public L aw 10 9– 131 is amended by stri k ing ‘‘2009’’ and inserting ‘‘2013’’. SAN J UAN ISLAND NATIONAL HISTORIC PARK AUTHORIZATION SEC. 118. Section 4 of Public Law 89–565, as amended (16 U.S.C. 282c), relating to San J uan I sland National H istoric Park, is amended by striking ‘‘$5,575,000’’ and inserting ‘‘$13,575,000’’. JAPANESE AMERICAN CONFINEMENT SITES, AMENDMENT SEC. 119. Section 1(c)(2) of Public Law 109–441 is amended by adding after subparagraph ( D ) the following new subparagraph: ‘‘( E ) Heart Mountain, depicted in Figure 6.3 of the Site Document.’’. NORTHERN PLAINS HERITA G E AREA, AMENDMENT SEC. 120. Section 8004 of the Omnibus Public Land Manage- ment Act of 2009 (Public Law 111–11; 123 Stat. 1240) is amended — (1) by redesignating subsections (g) through (i) as sub- sections (h) through (j), respectively; (2) in subsection (h)(1) (as redesignated by paragraph (1)), in the matter preceding subparagraph (A), by striking ‘‘sub- section (i)’’ and inserting ‘‘subsection (j)’’; and (3) by inserting after subsection (f) the following: ‘‘(g) RE Q UIREMENTS FOR INCLUSION AND REMO V AL OF PROPERTY IN HERITAGE AREA.— ‘‘(1) PRIVATE PROPERTY INCLUSION.—No privately owned property shall be included in the Heritage Area unless the owner of the private property provides to the management entity a written request for the inclusion. ‘‘(2) PROPERTY REMOVAL.— 16USC4 61 note. 11 9 St a t. 25 66. D ea dli ne s .


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 123STA T . 2 9 3 0PUBLIC LA W 111 –8 8 —O CT. 30 , 2009 ‘ ‘ (A)PRIVATEP R O PERT Y.— A t t her e qu e s t ofan o w ner of p r iv ate propert y in cl u d ed in the H erita g e Area pursuant to paragraph ( 1 ) , the private property shall b ei m mediately withdrawn from the Heritage Area if the owner of the property provides to the management entity a written notice requesting removal. ‘‘( B )P UBL I C PROPERTY.— O n written notice from the appropriate S tate or local government entity, public prop - erty included in the Heritage Area shall be immediately withdrawn from the Heritage Area. ’ ’. PEARL H ARBOR N AVAL CO M PLE X , J OINT TIC K ETIN G SEC. 1 2 1. (a) D E F INITION S .— I n this section (1) HISTORIC ATTRACTION.— T he term ‘‘historic attraction’’ mean a historic attraction within the Pearl Harbor N aval C om- ple x , including— (A) the U SS Bowfin Submarine M useum and Par k; (B) the Battleship Missouri Memorial; (C) the Pacific Aviation Museum-Pearl Harbor; and (D) any other historic attraction within the Pearl Harbor Naval Complex that— (i) the Secretary identifies as a Pearl Harbor his- toric attraction; and (ii) is not administered or managed by the Sec- retary. (2) MONUMENT.—The term ‘‘Monument’’ means the W ord War II V alor in the Pacific National Monument in the State of Hawaii. ( 3 ) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. ( 4 ) VISITOR CENTER.—The term ‘‘Visitor Center’’ means the visitor center located within the Pearl Harbor Naval Complex on land that is— (A) within the Monument; and (B) managed by the Secretary, acting through the Director of the National Park Service. (b) F ACILITATION OF A D MISSION TO HISTORIC ATTRACTIONS WITHIN PEARL HARBOR NAVAL COMPLEX.— (1) IN GENERAL.—In managing the Monument, the Sec- retary may enter into an agreement with any organi z ation that is authorized to administer or manage a historic attrac- tion— (A) to allow visitors to the historic attraction to gain access to the historic attraction by passing through security screening at the Visitor Center; and (B) to allow the sale of tickets to a historic attraction within the Visitor Center by— (i) employees of the National Park Service; or (ii) the organization that administers or manages the historic attraction. (2) TERMS AND CONDITIONS.—In any agreement entered into under paragraph (1), the Secretary— (A) shall require the organization administering or managing the historic attraction to pay to the Secretary a reasonable fee to recover administrative costs of the Notice.


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 123STA T . 2 9 31 PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 Secr e ta r y a s s o c i ate dw it h the u seo f the V isitor C e n ter for p u bl ic access and tic k et sales shall ensure that the liability of the U nited States is li m ited with respect to any liability arisin g from — (i) the admission of the public through the Visitor Center to a historic attraction; and (ii) the sale or issuance of any tickets to the historic attraction; and (C) may include any other terms and conditions that the Secretary determines to be appropriate . ( 3 )U SEOF FEES.— T he proceeds of any amounts collected as fees under paragraph ( 2 )( A ) shall remain a v ailable , without further appropriation, for use by the Secretary for the M onu - ment. ( 4 ) LIM I TA TIO N OFA U T H O R IT Y .— N othing in this section authori z es the Secretary— (A) to regulate or approve the rates for admission to a historic attraction; (B) to regulate or manage any visitor services within the P earl H arbor Naval Comple x (other than the services managed by the National Park Service as part of the Monu- ment); or (C) to charge an entrance fee for admission to the Monument. ( 5 ) PROTE C TION OF RESOURCES.—Nothing in this section authorizes the Secretary or any organization that administers or manages a historic attraction to take any action in derogation of the preservation and protection of the values and resources of the Monument. ASSISTANCE FOR THE RE P U BL IC OF PALAU SEC. 1 22. (a) I N G ENERAL.—Sub j ect to subsection (c), the United States Government, through the Secretary of the Interior shall provide to the Government of Palau for fiscal year 2 0 10 grants in amounts e q ual to the annual amounts specified in subsections (a), (c), and (d) of section 211 of the Compact of F ree Association between the Government of the United States of America and the Government of Palau (4 8 U.S.C. 1 9 31 note) (referred to in this section as the ‘ ‘Compact ’ ’). (b) PRO G RAMMATIC ASSISTANCE.—Subject to subsection (c), the United States shall provide programmatic assistance to the R epublic of Palau for fiscal year 2010 in amounts equal to the amounts provided in subsections (a) and (b)(1) of section 221 of the Compact. (c) LIMITATIONS ON ASSISTANCE.— (1) IN GENERAL.—The grants and programmatic assistance provided under subsections (a) and (b) shall be provided to the same extent and in the same manner as the grants and assistance were provided in fiscal year 2009. (2) TRUST FUN D .—If the Government of Palau withdraws more than $ 5,000,000 from the trust fund established under section 211(f) of the Compact, amounts to be provided under subsections (a) and (b) shall be withheld from the Government of Palau. Grants.
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 123STA T . 2 9 32 PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 GOLDEN G AT E NAT I ONAL R E C REATION AREA ,F ORT B A K ER A M ENDMENT S EC .123 . S ection 12 0 o f tit l e I of H . R. 3 4 23 (Ap pen d i xC)as enacted into la wby section 1000(a)(3) of di v ision B of Pu blic L aw 10 6– 113isa m ended by st r i k in g t h e last sentence. P OINT RE Y E S NATIONAL SEAS H ORE, E X TENSION OF PERMIT SEC. 124. Prior to the expiration on N ovember 30, 2012 of the D rake ’ s Bay O yster Company’s Reservation of U se and Occu - pancy and associated special use permit ( ‘ ‘existing authori z ation’’) within Drake’s E stero at Point Reyes National Seashore, notwith- standing any other provision of law, the Secretary of the Interior is authorized to issue a special use permit with the same terms and conditions as the existing authorization, except as provided herein, for a period of 10 years from November 30, 2012
 * Provide

d, T hat such extended authorization is sub j ect to annual payments to the United States based on the fair market value of the use of the F ederal property for the duration of such renewal. The Secretary shall take into consideration recommendations of the National Academy of Sciences Report pertaining to shellfish mariculture in Point Reyes National Seashore before modifying any terms and conditions of the extended authorization. Nothing in this section shall be construed to have any application to any location other than Point Reyes National Seashore nor shall any- thing in this section be cited as precedent for management of any potential wilderness outside the Seashore. NATIONAL PARK SYSTEM, SPECIAL RESO U RCE STUDY SEC. 12 5 . (a) IN G ENERAL. — The Secretary of the Interior (referred to in this section as the ‘‘Secretary’’) shall conduct a special resource study of the national significance, suitability, and feasibility of including the Honouliuli Gulch and associated sites within the State of Hawaii in the National Park System. (b) GUIDELINES.—In conducting the study, the Secretary shall use the criteria for the study of areas for potential inclusion in the National Park System described in section 8 of Public Law 9 1–383 (16 U.S.C. 1a–5). (c) CONSULTATION.—In conducting the study, the Secretary shall consult with— (1) the State of Hawaii; (2) appropriate Federal agencies; (3) Native Hawaiian and local government entities; (4) private and nonprofit organizations; (5) private land owners; and (6) other interested parties. (d) THEMES.—The study shall evaluate the Honouliuli Gulch, associated sites located on Oahu, and other islands located in the State of Hawaii with respect to— (1) the significance of the site as a component of W orld War II; (2) the significance of the site as the site related to the forcible internment of J apanese Americans, European Ameri- cans, and other individuals; and (3) historic resources at the site. Deadlin e .P a ym en ts. T ime p e r i o d. 16USC4 6 0b b –3 note.


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 123STA T . 2 9 33 PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 (e)REPORT.—Notla te r t h a n2y ear s a f ter the d ate of ena c t m ent of th i s A ct , the S ecretary shall s ub mit to the C ommittee on Natural Resources of the H ouse of Re p resentati v es and the Committee on E ner g y and Natural Resources of the Senate a report describing the findings, conclusions, and recommendations of the study re q uired under this section. C O N TRO L O FB OR D ER SEC. 1 2 6 . 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 F ence Act of 2 0 06( 8U .S.C. 1 7 01 note ublic L a w 10 9–3 67) over the international land and maritime borders of the United States with respect to section 102(b) of the I llegal Immigration Reform and Immigrant Responsi - bility Act of 1996 (8 U.S.C. 1103 note). N A T I ONAL H ERITA G E AREA, OPT O U T PRO V I S ION SEC. 127. Any owner of private property within an e x isting or new National Heritage Area may opt out of participating in any plan, pro j ect, program, or activity conducted within the National Heritage Area if the property owner provides written notice to the local coordinating entity. PLACE M ENT OF PLA Q UE AT W ORLD WAR II MEMORIAL SEC. 128. Notwithstanding any other law, the Secretary of the Interior shall install in the area of the W orld War II M emorial in the D istrict of Columbia a suitable plaque to commemorate the extraordinary leadership of Senator Robert J . Dole in ma k ing the Memorial a reality on the National Mall
 * P
 * Provide

d, T hat the Secretary shall design, procure, prepare and install the plaque: Provided fu r th er, That the Secretary of the Interior is authori z ed to accept and expend contributions toward the cost of preparing and installing the plaque, without further appropriation: Provided further, That Federal funds may be used to design, procure, or install the plaque. MARTIN LUTHER K ING, J R. MEMORIAL AUTHORIT Y ,E X TENSION SEC. 129. Section 5 08(b)(2) of the O mnibus Parks and Public Lands Management Act of 1996, as amended ( 4 0 U.S.C. 8903 note; 110 Stat. 4157, 114 Stat. 26, 117 Stat. 1347, 119 Stat. 527, 122 Stat. 5034) shall be amended by striking ‘ ‘November 12, 2009 ’ ’ and inserting ‘‘September 30, 2010’’. JOHN ADAMS MEMORIAL AUTHORITY, EXTENSION SEC. 130. Notwithstanding section 8903(e) of title 40, United States Code, the authority provided by Public Law 107–62 and Public Law 107–315 shall continue to apply through September 30, 2010. Ap p licab ili ty.No tic e .


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 123STA T . 2 9 3 4PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 TI T LE II E NV I RO N M ENT A L P ROTE C TION A G ENC YSCIEN CE A N D TEC H N OL O GYForscien ce a n dt ec h no l o gy, incl u ding research and de v elo pm ent activities, w hich shall include research and development activities under the Comprehensive Environmental Response, Compensation, and Lia b ility Act o f1980 , as amended necessary e x penses for personnel and related costs and travel expenses; procurement of laboratory e q uipment and supplies; and other operating expenses in support of research and development, $ 8 46 ,049,000, to remain available until September 3 0, 2 011 . EN V I R ON M EN T AL PROGRAM S AND MANAGEMENT For environmental programs and management, including nec - essary expenses, not otherwise provided for, for personnel and related costs and travel expenses; hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; purchase of reprints; library memberships in societies or associations which issue publica- tions to members only or at a price to members lower than to subscribers who are not members; administrative costs of the brownfields program under the Small B usiness Liability Relief and Brownfields Revitali z ation Act of 2002; and not to exceed $9,000 for official reception and representation expenses, $2,993, 7 79,000, to remain available until September 30, 2011
 * Provide

d, That of the funds included under this heading, not less than $608,441,000 shall be for the Geographic Programs specified in the explanatory statement accompanying this Act. O F FICE OF INS P ECTOR 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. B U ILDINGS AND FACILITIES For construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of, or for use by, the Environmental Protection Agency, $37,001,000, to remain avail- able until expended, of which up to $ 5 00,000 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. H A Z ARDOUS SU B STANCE SUPERFUND ( INCLUDING TRANSFERS OF FUNDS ) For necessary expenses to carry out the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( CERCLA ) , as amended, including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U .S.C. 9611) $1,306,541,000, to remain available until expended, consisting of such sums as are available in the


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 123STA T . 2 9 3 5PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 TrustF u ndo n Sep te mb er 30,2 00 9, a s aut h or iz edb y se c tion 517( a ) o f the Superfund A mendments and R eauthorization Act of 19 86 (SARA) and up to $ 1,306,5 4 1,000 as a payment from g enera l re v e - nues to the H azardous Substance Superfund for purposes as author- ized by section 517(b) of SARA, as amended
 * Provide

d, That funds appropriated under this heading may be allocated to other Federal agencies in accordance w ith section 111(a) of CE RC L A: Provided fu r th er, That of the funds appropriated under this heading, $9,975,000 shall be paid to the ‘ ‘ O ffice of I nspector G eneral ’ ’ appro- priation to remain available until September 30, 2011, and $26,834,000 shall be paid to the ‘‘Science and Technology’’ appro- priation to remain available until September 30, 2011 . L EAKINGU N D E R GR OU NDS T ORAGE TANK TRU S T FUND P ROGRA M For necessary e x penses to carry out lea k ing underground stor- age tank cleanup activities authorized by subtitle I of the Solid W aste D isposal Act, as amended, $113,101,000, to remain available until expended, of which $78,671,000 shall be for carrying out leaking underground storage tank cleanup activities authorized by section 9003(h) of the Solid Waste Disposal Act, as amended $34,430,000 shall be for carrying out the other provisions of the Solid Waste Disposal Act specified in section 9508(c) of the Internal Revenue Code, as amended: Provided, That the Administrator is authorized to use appropriations made available under this heading to implement section 9013 of the Solid Waste Disposal Act to provide financial assistance to federally recognized Indian tribes for the development and implementation of programs to manage underground storage tanks. OI L S P ILL RESPONSE For expenses necessary to carry out the Environmental Protec- tion Agency’s responsibilities under the Oil Pollution Act of 1990, $18,379,000, to be derived from the Oil Spill Liability trust fund, to remain available until expended. STATE AND TRI B AL ASSISTAN C E GRANTS For environmental programs and infrastructure assistance, including capitalization grants for State revolving funds and performance partnership grants, $4,970,223,000, to remain avail- able until expended, of which $2,100,000,000 shall be for making capitalization grants for the Clean Water State Revolving Funds under title V I of the Federal Water Pollution Control Act, as amended (the ‘‘Act’’); of which $1,387,000,000 shall be for making capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act, as amended: Provided, That for fiscal year 2010, to the extent there are sufficient eligible pro j ect applications, not less than 20 percent of the funds made available under this title to each State for Clean Water State Revolving Fund capitalization grants and not less than 20 percent of the funds made available under this title to each State for Drinking Water State Revolving Fund capitalization grants shall be used by the State for projects to address green infrastructure, water or energy efficiency improvements, or other environmentally innovative activities; $17,000,000 shall be for architectural, engineering, planning, design, construction and related activities NativeAm e r i c a ns.


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 123STA T . 2 9 3 6PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 inco nn e c t ion w it h the con s t ru ction o f hi g h p riorit y w a ter an d wastewater faci l ities in the area of the U nited S tates -M e x ico B order , after consultation with the appropriate b order co m mission , 0 00,000 shall be for grants to the State of A las k a to address drinking water and wastewater infrastructure needs of rural and Alaska N ati v e V illages
 * $13
 * Provide

d fu r th er, T hat, 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 con j unction with the Agency and the U. S. D epartment 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 F ederal W ater P ollution C ontrol Act (33 U.S.C. 1301) or the Consolidated Farm and R ural Development Act ( 7 U.S.C. 1 9 21 et se q .) which shall allocate not less than 25 percent of the funds provided for projects in regional hub communities; $15 6 ,777,000 shall be for making special project grants and technical corrections to prior-year grants for the construction of drinking water, waste- water and storm water infrastructure and for water quality protec- tion in accordance with the terms and conditions specified for such grants in the joint explanatory statement of the managers accom- panying this Act, and, for purposes of these grants, each grantee shall contribute not less than 4 5 percent of the cost of the project unless the grantee is approved for a waiver by the Agency; $100,000,000 shall be to carry out section 104(k) of the Comprehen- sive E nvironmental Response, Compensation, and L iability Act of 19 8 0 (CERCLA), as amended, including grants, interagency agree- ments, and associated program support costs; $60,000,000 shall be for grants under title V I I, subtitle G of the Energy Policy Act of 2005, as amended; $20,000,000 shall be for targeted airshed grants in accordance with the terms and conditions of the joint explanatory statement of the managers accompanying this Act; and $1,116,446,000 shall be for grants, including associated program support costs, to States, federally recogni z ed tribes, interstate agen- cies, tribal consortia, and air pollution control agencies for multi- media or single media pollution prevention, control and abatement and related activities, including activities pursuant to the provisions set forth under this heading in Public Law 104 – 134, and for making grants under section 103 of the Clean Air Act for particulate matter monitoring and data collection activities subject to terms and condi- tions specified by the Administrator, of which $49,495,000 shall be for carrying out section 128 of CERCLA, as amended, $10,000,000 shall be for Environmental Information Exchange Network grants, including associated program support costs, $18,500,000 of the funds available for grants under section 106 of the Act shall be for water quality monitoring activities, $10,000,000 shall be for competitive grants to communities to develop plans and dem- onstrate and implement projects which reduce greenhouse gas emis- sions and, in addition to funds appropriated under the heading ‘ ‘Leaking Underground Storage Tank Trust Fund Program ’ ’ to carry out the provisions of the Solid Waste Disposal Act specified in section 9508(c) of the Internal Revenue Code other than section 9003(h) of the Solid Waste Disposal Act, as amended, $2,500,000 shall be for grants to States under section 2007(f)(2) of the Solid Waste Disposal Act, as amended: Provided further , That notwith- standing section 603(d)(7) of the Federal Water Pollution Control Alask a .


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 123STA T . 2 9 3 7PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 Act, t helim it a ti on on the amo u nt s ina S tate w ate rp ollution control re v olvin gf un d that ma yb e used by a State to administer the fund shall not apply to amounts included as principal in loans made by such fund in fiscal year 201 0 and prior years where such amounts represent costs of administering the fund to the e x tent that such amounts are or were deemed reasonable by the Administrator, accounted for separately from other assets in the fund, and used for eligible purposes of the fund, including adminis - tration
 * Provide

d fu r th er ,T hat for fiscal year 2010, and notwith- standing section 5 1 8( f ) of the Act, the Administrator is authori z ed to use the amounts appropriated for any fiscal year under section 3 1 9 of that Act to ma k e grants to federally recognized I ndian tribes pursuant to sections 319(h) and 518(e) of that Act: Provided further, That for fiscal year 2010, notwithstanding the limitation on amounts in section 518(c) of the F ederal W ater P ollution C ontrol Act and section 1 4 52(i) of the Safe D rinking Water Act, up to a total of 2 percent of the funds appropriated for State R evolving Funds under such Acts may be reserved by the Administrator for grants under section 518(c) and section 1452(i) of such Acts: Provided further, That for fiscal year 2010, in addition to the amounts specified in section 205(c) of the Federal Water Pollution Control Act, up to 1 . 248 6 percent of the funds appropriated for the Clean Water State Revolving Fund program under the Act may be reserved by the Administrator for grants made under title II of the Clean Water Act for American Samoa, G uam, the Common- wealth of the N orthern M arianas, and U nited States V irgin Islands: Provided further, That for fiscal year 2010, notwithstanding the limitations on amounts specified in section 1452( j ) of the Safe Drinking Water Act, up to 1.5 percent of the funds appropriated for the Drinking Water State Revolving Fund programs under the Safe Drinking Water Act may be reserved by the Administrator for grants made under section 1452(j) of the Safe Drinking Water Act: Provided further, That not less than 30 percent of the funds made available under this title to each State for Clean Water State Revolving Fund capitalization grants and not less than 30 percent of the funds made available under this title to each State for Drinking Water State Revolving Fund capitalization grants shall be used by the State to provide additional subsidy to eligible recipi- ents in the form of forgiveness of principal, negative interest loans, or grants (or any combination of these), except that for the Clean Water State Revolving Fund capitalization grant appropriation this section shall only apply to the portion that exceeds $ 1,000,000,000: Provided further, That no funds provided by this appropriations Act to address the water, wastewater and other critical infrastruc- ture needs of the colonias in the United States along the United States-Mexico border shall be made available to a county or munic- ipal government unless that government has established an enforce- able local ordinance, or other zoning rule, which prevents in that jurisdiction the development or construction of any additional colonia areas, or the development within an existing colonia the construction of any new home, business, or other structure which lacks water, wastewater, or other necessary infrastructure. Ap p licab ili ty.N ati ve A m e r ica ns .


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Page:United States Statutes at Large Volume 123.djvu/2958

 123STA T . 2 9 3 8PUBLIC LA W 111 – 88 —O CT. 3 0, 2009 ADMIN I STRA TI VEP R O VISIONS ,E NVIRONMENTA L PROTE C TION A G ENC Y( INCL U DING TRANS F ER AND RESCISSION OF FUNDS )Forfiscalye ar 201 0, n o tw it h stan d in g3 1 U.S. C . 6 303 ( 1 ) and 630 5 (1), the Ad m inistrator of the En v ironmental Protection Agency, in carrying o u t the Agency ’ s function to im p lement directly Federal environmental programs re q uired or authori z ed b ylawinthe absence of an acceptable tribal program, may award cooperative agreements to federally recognized I ndian tribes or Intertribal con - sortia, if authorized by their member T ribes, to assist the Adminis- trator in implementing Federal environmental programs for Indian Tribes required or authorized by law, e x cept that no such coopera- tive agreements may be awarded from funds designated for State financial assistance agreements. The Administrator of the Environmental Protection Agency is authorized to collect and obligate pesticide registration service fees in accordance with section 33 of the Federal Insecticide, Fungicide, and R odenticide Act, as amended by Public L aw 110 –94, the Pes- ticide Registration Improvement Renewal Act. Title II of Public Law 109–54, as amended by title II of division E of Public Law 111– 8 (123 Stat. 7 29), is amended in the fourth paragraph under the heading ‘ ‘Administrative Provisions’’ by stri k ing ‘‘2011’’ and inserting ‘‘2015.’’ The Administrator is authorized to transfer up to $ 475,000,000 of the funds appropriated for the G reat Lakes Initiative under the heading ‘‘Environmental Programs and M anagement’’ 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 W ater Q uality Agree- ment programs, pro j ects, or activities to enter into an interagency agreement with the head of such Federal department or agency to carry out these activities; and to make grants to governmental entities, nonprofit organizations, institutions, and individuals for planning, research, monitoring, outreach, and implementation in furtherance of the Great Lakes Restoration Initiative and the Great Lakes Water Quality Agreement. From unobligated balances to carry out projects and activities funded through the ‘‘State and Tribal Assistance Grants’’ and ‘‘ H az- ardous Substance Superfund’’ accounts, $40,000,000 are perma- nently rescinded
 * Provide

d, That no amounts may be rescinded from amounts that were designated by Congress as an emergency requirement pursuant to the Concurrent Resolution on the B udget or the Balanced Budget and Emergency D eficit Control Act of 1985, as amended. N ot later than 18 months after the date of enactment of this Act, the Administrator, in consultation with other Federal agencies, shall carry out and submit to Congress the results of a study on domestic and international black carbon emissions that shall include an inventory of the major sources of black carbon, an assessment of the impacts of black carbon on global and regional climate, an assessment of potential metrics and approaches for quantifying the climatic effects of black carbon emissions (including its radiative forcing and warming effects) and comparing those effects to the effects of carbon dioxide and other greenhouse gases, an identification of the most cost-effective approaches to reduce black carbon emissions, and an analysis of the climatic effects Deadlin e .Stu d y . 1 1 9 Stat. 53 1. F ee s.