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Page:United States Statutes at Large Volume 123.djvu/2959

 123STA T . 2 9 39 PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 andother en vi ron m enta l and pub li c health bene f it s of those approaches .F or fiscal y ear 201 0there q uirements of section 5 1 3 of the Federal W ater P ollution C ontrol A ct ( 33 U . S .C. 13 7 2 ) shall apply to the construction of treatment w or k s carried out in whole or in part with assistance made available by a State water pollution control revolvin g fund as authori z ed by title VI of that Act (33 U.S.C. 13 8 1 et seq.) , or with assistance made available under section 205(m) of that Act (33 U.S.C. 1285(m)), or both. For fiscal year 2010 the requirements of section 1 4 50(e) of the Safe D rinking Water Act (42 U.S.C. 300 j–9 (e)) shall apply to any construction project carried out in whole or in part with assistance made available by a drinking water treatment revolving loan fund as authorized by section 1452 of that Act (42 U.S.C. 300j–12). T IT LE III R ELATED A G E N CIES DEPART M ENT O F AGRICULTURE F OREST SER VIC E F OREST AND RAN G E L AND RESEARC H For necessary e x penses of forest and rangeland research as authorized by law, $ 312,012,000, to remain available until expended
 * Provide

d , That of the funds provided, $ 6 6,939,000 is for the forest inventory and analysis program. STATE AND P RIVATE FORESTR Y For necessary expenses of cooperating with and providing tech - nical and financial assistance to States, territories, possessions, and others, and for forest health management, including treatments of pests, pathogens, and invasive or noxious plants and for restoring and rehabilitating forests damaged by pests or invasive plants, cooperative forestry, and education and land conservation activities and conducting an international program as authorized, $308,061,000, to remain available until expended, as authorized by law of which $76,460,000 is to be derived from the Land and Water Conservation Fund; and of which $2,000,000 may be made available to the Pest and Disease Revolving Loan Fund established by section 10205(b) of the Food, Conservation, and Energy Act of 2008 (16 U.S.C. 2104a(b)). NATIONAL FOREST SYSTE M( INCL U DING TRANSFERS OF FUNDS ) For necessary expenses of the Forest Service, not otherwise provided for, for management, protection, improvement, and utiliza- tion of the National Forest System, $1,551,339,000, to remain avail- able until expended, which shall include 50 percent of all moneys received during prior fiscal years as fees collected under the Land and Water Conservation Fund Act of 1965, as amended, in accord- ance with section 4 of the Act (16 U.S.C. 460l–6a(i)): Provided, Ap p licab ili ty. Applicability.


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Page:United States Statutes at Large Volume 123.djvu/2960

 123STA T . 2 940PUBLIC LA W 111 –8 8 —O CT. 30 , 2009 That, th roug h fisc a lye ar 201 2, the S ecretary m ay authori z e the e xp e nd iture or transfer of up to $ 10,000,000 to the D epartment of the I nterior, B ureau of L and M anagement, for remo v al, prepara - tion, and adoption of excess w ild horses and b urros from N ational F orest System lands, and for the performance of cadastral surveys to designate the boundaries of such lands .CAPIT A L I M P ROVE ME N TAN D MAINTENANCE ( INCL U DIN G TRAN SF ER OF FUNDS ) For necessary expenses of the Forest Service, not otherwise provided for, $ 5 5 6 ,05 3 ,000, to remain available until expended , for construction, capital improvement, maintenance and ac q uisition of buildings and other facilities and infrastructure and for construc- tion, capital improvement, decommissioning, and maintenance of forest roads and trails by the Forest Service as authorized by 16 U .S. C. 532 – 53 8 and 23 U.S.C. 101 and 205
 * Provide

d, That $ 9 0,000,000 shall be designated for urgently needed road decommis- sioning, road and trail repair and maintenance and associated activities, and removal of fish passage barriers, especially in areas where Forest Service roads may be contributing to water quality problems in streams and water bodies which support threatened, endangered or sensitive species or community water sources: Pro - vided fu r th er, That funds provided herein shall be available for the decommissioning of roads, including unauthorized roads not part of the transportation system, which are no longer needed: Provided further, That no funds shall be expended to decommission any system road until notice and an opportunity for public comment has been provided on each decommissioning pro j ect: Provided fur- ther, That the decommissioning of unauthorized roads not part of the official transportation system shall be expedited in response to threats to public safety, water quality, or natural resources: Provided further, That funds becoming available in fiscal year 2010 under the A ct of March 4, 1913 ( 16 U.S.C. 501 ) shall be transferred to the G eneral Fund of the Treasury and shall not be available for transfer or obligation for any other purpose unless the funds are appropriated. LAND AC Q UISITION For expenses necessary to carry out the provisions of the Land and W ater Conservation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through 11), including administrative expenses, and for acquisition of land or waters, or interest therein, in accordance with statutory authority applicable to the Forest Service, $63,522,000, to be derived from the Land and Water Conservation Fund and to remain available until expended. ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS For acquisition of lands within the exterior boundaries of the Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland National Forests, California, as authorized by law, $1,050,000, to be derived from forest receipts. Notice.Publ ic co m me n t. R o ads .

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Page:United States Statutes at Large Volume 123.djvu/2961

 123STA T . 2 94 1 PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 ACQUIS I T I ON O FL AN D STOCO MP L E TE LAND E X C H AN G ES Foracquis i t io n o fl an d s , suc h su m s, to be deri v ed from funds de p osited b yS tate, county, or municipal g overnments, public school districts, or other public school authorities, and for authori z ed e x penditures from funds deposited by non - Federal parties pursuant to L and Sale and E xchange A cts, pursuant to the Act of D ecember 4, 1967 , as amended ( 16 U. S. C . 4 8 4a ) , to remain available until expended (16 U.S.C. 46 0 l –5 16–617a, 555a ublic La w 96–586; Public Law 76–589, 76–591; and Public Law 78– 3 10). R ANGE B ETTERMENT FUND For necessary expenses of range rehabilitation, protection, and improvement, 50 percent of all moneys received during the prior fiscal year, as fees for grazing domestic livestoc k on lands in N ational Forests in the 16 W estern States, pursuant to section 401(b)(1) of Public Law 94–579, as amended, to remain available until expended, of which not to exceed 6 percent shall be available for administrative expenses associated with on-the-ground range rehabilitation, protection, and improvements. GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH For expenses authorized by 16 U.S.C. 1643(b), $ 50,000, to remain available until expended, to be derived from the fund estab- lished pursuant to the above Act. MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES For necessary expenses of the Forest Service to manage Federal lands in Alaska for subsistence uses under title VI II of the Alaska National Interest Lands Conservation Act (Public Law 96–487), $ 2 ,582,000, to remain available until expended. W ILDLAND FIRE MANAGEMENT ( INCLUDING TRANSFERS OF FUNDS ) For necessary expenses for forest fire presuppression activities on National Forest System lands, for emergency fire suppression onorad j acent to such lands or other lands under fire protection agreement, hazardous fuels reduction on or adjacent to such lands, and for emergency rehabilitation of burned-over National Forest System lands and water, $2,103,737,000, to remain available until expended
 * P
 * Provide

d, T hat such funds including unobligated balances under this heading, are available for repayment of advances from other appropriations accounts previously transferred for such pur- poses: Provided fu r th er, That such funds shall be available to reimburse State and other cooperating entities for services provided in response to wildfire and other emergencies or disasters to the extent such reimbursements by the Forest Service for non-fire emer- gencies are fully repaid by the responsible emergency management agency: Provided further, That, notwithstanding any other provision of law, $8,000,000 of funds appropriated under this appropriation shall be used for Fire Science R esearch in support of the J oint Fire Science Program: Provided further, That all authorities for


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Page:United States Statutes at Large Volume 123.djvu/2962

 123STA T . 2 94 2 PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 theus e of fu nd s ,i n cl udin g the use of cont ra cts, grants, and coo p era - ti v e agree m ents, availa b letoe x ecute the F orest and R angeland Research appropriation, are also available in the utili z ation of these funds for Fire S cience Research
 * Provide

d fu r th er, T hat funds pro- vided shall be available for emergenc y rehabilitation and restora- tion, hazardous fuels reduction activities in the urban- w ildland interface, support to Federal emergency response, and wildfire suppression activities of the Forest Service: Provided further, That of the funds provided, $350, 28 5,000 is for hazardous fuels reduction activities, $ 1 1, 6 00,000 is for rehabilitation and restoration, $23, 9 1 7 ,000 is for research activities and to ma k e competitive research grants pursuant to the Forest and Rangeland Renewable Resources Research A ct, as amended ( 16 U. S. C . 16 4 1etse q . ) , $71,250,000 is for State fire assistance, $9,000,000 is for volunteer fire assistance, $20,752,000 is for forest health activities on Federal lands and $11,428,000 is for forest health activities on State and private lands: Provided further, That no less than $75,000,000 in prior-year wildfire suppression balances shall be made available in addition to amounts provided in this Act for that purpose: Pro - vided further, That of the funds provided for hazardous fuels reduc- tion, $10,000,000 shall be deposited in the Collaborative Forest L andscape Restoration Fund for ecological restoration treatments as authorized by 16 U.S.C. 7303(f): Provided further, That amounts in this paragraph may be transferred to the ‘ ‘State and P rivate Forestry ’ ’, ‘‘ N ational Forest System’’, and ‘‘Forest and Rangeland Research’’ accounts to fund State fire assistance, volunteer fire assistance, forest health management, forest and rangeland research, the J oint Fire Science Program, vegetation and watershed management, heritage site rehabilitation, and wildlife and fish habitat management and restoration: Provided further, That up to $15,000,000 of the funds provided under this heading for haz- ardous fuels treatments may be transferred to and made a part of the ‘‘National Forest System’’ account at the sole discretion of the Chief 30 days after notifying the H ouse and the Senate Committees on Appropriations: 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 up to $15,000,000 of the funds provided herein may be used by the Secretary of Agriculture to enter into procurement contracts or cooperative agreements, or issue grants, for hazardous fuels reduc- tion activities and for training and monitoring associated with such hazardous fuels reduction activities, on Federal land, or on ad j acent non-Federal land for activities that benefit resources on Federal land: Provided further, That funds made available to imple- ment the Community Forest Restoration Act, Public Law 106 – 393, title VI , shall be available for use on non-Federal lands in accordance with authorities made available to the Forest Service under the State and Private Forestry Appropriation: Provided fur- ther, That the Secretary of the Interior and the Secretary of Agri- culture may authorize the transfer of funds appropriated for wildland fire management, in an aggregate amount not to exceed $50,000,000, between the D epartments when such transfers would facilitate and expedite jointly funded wildland fire management programs and projects: Provided further, That of the funds provided for hazardous fuels reduction, not to exceed $5,000,000, may be used to make grants, using any authorities available to the Forest Notif i ca tio n.Tr an s f e r d ate.


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Page:United States Statutes at Large Volume 123.djvu/2963

 123STA T . 2 94 3 PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 Servic e und er th eSt a te and P rivate Fo re s tr y a p propriation ,f or the purpose of creatin g incentives for increased use of b io m ass from nationa l forest lands
 * Provide

d fu r th er, T hat funds designated for w ildfire suppression shall be assessed for cost pools on the same basis as such assessments are calculated against other agency programs .FLAMEWI L D FI R E SUP PRESSI ON RESER V E FUND ( IN C LUDIN GT RANSFERS OF FUNDS ) For deposit in the F LAMEW ildfire Suppression R eserve Fund created in title V , section 502( b ) of this Act, $413 ,000,000, to remain available until e x pended. ADMINISTRATIVE PROVISIONS, FOREST SERVICE (INCLUDING TRANSFERS OF FUNDS) Appropriations to the Forest Service for the current fiscal year shall be available for: (1) purchase of passenger motor vehicles ac q uisition of passenger motor vehicles from excess sources, and hire of such vehicles; purchase, lease, operation, maintenance, and acquisition of aircraft from excess sources to maintain the operable fleet for use in Forest Service wildland fire programs and other Forest Service programs; notwithstanding other provisions of law, existing aircraft being replaced may be sold, with proceeds derived or trade - in value used to offset the purchase price for the replace- ment aircraft; (2) services pursuant to 7U .S. C. 2225, and not to exceed $100,000 for employment under 5 U.S.C. 310 9 chase, erection, and alteration of buildings and other public improvements (7 U.S.C. 2250); (4) acquisition of land, waters, and interests therein pursuant to 7 U.S.C. 42 8 a; (5) for expenses pursu- ant to the Volunteers in the N ational Forest Act of 1972 (1 6 U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms as authori z ed by 5 U.S.C. 5901 – 5902; and (7) for debt collection contracts in accordance with 31 U.S.C. 3718(c). Any appropriations or funds available to the Forest Service may be transferred to the Wildland Fire Management appropriation for forest firefighting, emergency rehabilitation of burned-over or damaged lands or waters under its j urisdiction, and fire prepared- ness due to severe burning conditions five days after the Secretary notifies the H ouse and Senate Committees on Appropriations that all fire suppression funds appropriated under the headings ‘ ‘Wildland Fire Management ’ ’ and ‘‘FLAME Wildfire Suppression Reserve Fund’’ shall be fully obligated within 30 days: Provided, That all funds used pursuant to this paragraph must be replenished by a supplemental appropriation which must be requested as promptly as possible. Funds appropriated to the Forest Service shall be available for assistance to or through the Agency for I nternational D evelop- ment in connection with forest and rangeland research, technical information, and assistance in foreign countries, and shall be avail- able to support forestry and related natural resource activities outside the United States and its territories and possessions, including technical assistance, education and training, and coopera- tion with United States and international organizations. Notif i ca tio n.De a dl ine s . A ssess m ents.
 * (3) pur-


text: Dictionary of National Biography, 1885-1900/Moore, George (1806-1876)


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Page:United States Statutes at Large Volume 123.djvu/2964

 123STA T . 2 94 4 PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 None o fth ef u n dsma dea v a il a b le to the F o r est S ervi c ein this A ctoran y other Act w ith res p ect to any fiscal year shall be sub j ect to transfer under the provisions of section 702( b ) of the D epartment of A g riculture O rganic Act of 194 4(7 U. S. C .22 5 7) , section 442 of P ublic L aw 10 6– 224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107–107 (7 U.S.C. 83 16(b)). None of the funds available to the Forest Service may be reprogrammed without the advance approval of the H ouse and Senate Committees on Appropriations in accordance with the re - programming procedures contained in the joint e x planatory state- ment of the managers accompanying this Act. Not more than $ 78,350,000 of funds available to the Forest Service shall be transferred to the W or k ing Capital Fund of the Department of Agriculture and not more than $19,825,000 of funds available to the Forest Service shall be transferred to the Depart- ment of Agriculture for Department R eimbursable Programs, com- monly referred to as G reenbook charges. Nothing in this paragraph shall prohibit or limit the use of reimbursable agreements re q uested by the Forest Service in order to obtain services from the Depart- ment of Agriculture ’ s National I nformation T echnology Center. Funds available to the Forest Service shall be available to conduct a program of up to $5,000,000 for priority projects within the scope of the approved budget, of which $2,500,000 shall be carried out by the Y outh Conservation Corps and $2,500,000 shall be carried out under the authority of the Public Lands Corps Healthy Forests Restoration Act of 2005, Public Law 109–154. Of the funds available to the Forest Service, $4,000 is available to the Chief of the Forest Service for official reception and represen- tation expenses. Pursuant to sections 405(b) and 410(b) of Public Law 101– 593, of the funds available to the Forest Service, $3,000,000 may be advanced in a lump sum to the National Forest Foundation to aid conservation partnership projects in support of the Forest Service mission, without regard to when the Foundation incurs expenses, for projects on or benefitting National Forest System lands or related to Forest Service programs
 * Provide

d, That the Foundation shall obtain, by the end of the period of Federal financial assistance, private contributions to match on at least one-for-one basis funds made available by the Forest Service: Provided fu r th er, That the Foundation may transfer Federal funds to Federal or a non-Federal recipient for a project at the same rate that the recipient has obtained the non-Federal matching funds: Provided further, That authori z ed investments of Federal funds held by the Foundation may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. Pursuant to section 2(b)(2) of Public Law 98–244, $3,000,000 of the funds available to the Forest Service shall be advanced to the National Fish and Wildlife Foundation in a lump sum to aid cost-share conservation projects, without regard to when expenses are incurred, on or benefitting National Forest System lands or related to Forest Service programs: Provided, That such funds shall be matched on at least a one-for-one basis by the Foundation or its sub-recipients: Provided further, That the Founda- tion may transfer Federal funds to a Federal or non-Federal recipient for a project at the same rate that the recipient has obtained the non-Federal matching funds. Deadlin e .16USC5 56i.


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Page:United States Statutes at Large Volume 123.djvu/2965

 123STA T . 2 945PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 Fundsap p ro pr i a te dtot h e Forest S er v i c e sha l l b e available f or interactions w ith and providin g technical assistance to rural co m munities and natural resource - based businesses for sustainable rural development purposes . Funds appropriated to the Forest Service shall be available for pa y ments to counties within the C olumbia R iver G orge N ational Scenic A rea , pursuant to section 14( c ) (1) and ( 2 ), and section 1 6 (a)(2) of P ublic L aw 9 9 – 66 3 . An eligible individual who is employed in any pro j ect funded under title V of the O lder American Act of 196 5 (42 U .S.C. 3 0 56 et se q .) and administered by the Forest Service shall be considered to be a Federal employee for purposes of chapter 1 7 1oftitle2 8, United States Code. Any funds appropriated to the Forest Service may be used to meet the non-Federal share requirement in section 502(c) of the Older American Act of 1965 (42 U.S.C. 3056(c)(2)). Funds available to the Forest Service, not to e x ceed $ 55,000,000, shall be assessed for the purpose of performing fire, administrative and other facilities maintenance. Such assessments shall occur using a square foot rate charged on the same basis the agency uses to assess programs for payment of rent, utilities, and other support services. Notwithstanding any other provision of law, any appropriations or funds available to the Forest Service not to exceed $500,000 may be used to reimburse the Office of the General Counsel (OGC), D epartment of Agriculture, for travel and related expenses incurred as a result of OGC assistance or participation requested by the Forest Service at meetings, training sessions, management reviews, land purchase negotiations and similar non-litigation related mat- ters. Future budget justifications for both the Forest Service and the Department of Agriculture should clearly display the sums previously transferred and the requested funding transfers. T he 19th unnumbered paragraph under heading ‘ ‘Administra- tive Provisions, Forest Service ’ ’ in title I II of the Department of the Interior, E nvironment, and Related Agencies Appropriations Act, 2006, Public Law 109–54, is amended by stri k ing ‘‘2009’’ and inserting ‘‘2014’’. DEPART M ENT OF H EALTH AND HUMAN SERVICES I NDIA NH E A LTH SE RV I C E INDIAN HEALTH S ERVICES For expenses necessary to carry out the Act of August 5, 1954 (68 Stat. 674), the Indian Self-Determination Act, the Indian Health Care Improvement Act, and titles II and III of the Public Health Service Act with respect to the Indian Health Service, $3,657,618,000, together with payments received during the fiscal year pursuant to 42 U.S.C. 238(b) and 238b for services furnished by the Indian Health Service
 * Provide

d, That funds made available to tribes and tribal organi z ations through contracts, grant agree- ments, or any other agreements or compacts authorized by the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 450), shall be deemed to be obligated at the time of the grant or contract award and thereafter shall remain available to the tribe or tribal organization without fiscal year limitation: 1 1 9Sta t .538 . As s e ss m e n ts.


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Page:United States Statutes at Large Volume 123.djvu/2966

 123STA T . 2 946PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 Provide d fu r th er ,That$7 7 9, 34 7, 0 00 forc o n tract medi ca l care, incl u din g $4 8 ,000,000 for the I ndian C ata s tro p hic H ealth E mer - genc yF und, shall remain a v aila b le until e x pended Provided fur - ther, That $ 1 8, 25 1,000 is provided for Head q uarters operations and information technology activities and, not w ithstanding any other provision of law, the amount available under this proviso shall be allocated at the discretion of the D irector of the Indian Health S ervice: Provided further, That of the funds provided, up to $32,000,000 shall remain available until expended for implementation of the loan repayment program under section 108 of the Indian Health Care Improvement A ct: Provided further, That $1 6 ,391,000 is provided for the methamphetamine and suicide prevention and treatment initiative and $10,000,000 is provided for the domestic violence prevention initiative and, notwithstanding any other provision of law, the amounts available under this proviso shall be allocated at the discretion of the Director of the Indian Health Service and shall remain available until expended: Provided further, That funds provided in this Act may be used for annual contracts and grants that fall within two fiscal years, provided the total obligation is recorded in the year the funds are appro- priated: Provided further, That the amounts collected by the Sec- retary of Health and Human Services under the authority of title I V of the Indian Health Care Improvement Act shall remain avail- able until expended for the purpose of achieving compliance with the applicable conditions and requirements of titles X VIII and XIX of the Social Security Act, except for those related to the planning, design, or construction of new facilities: Provided further, That funding contained herein for scholarship programs under the Indian Health Care Improvement Act ( 25 U. S.C. 1613 ) shall remain avail- able until expended: Provided further, That amounts received by tribes and tribal organi z ations under title IV of the Indian Health Care Improvement Act shall be reported and accounted for and available to the receiving tribes and tribal organizations until expended: Provided further, That, notwithstanding any other provi- sion of law, of the amounts provided herein, not to exceed $398,490,000 shall be for payments to tribes and tribal organiza- tions for contract or grant support costs associated with contracts, grants, self-governance compacts, or annual funding agreements between the Indian Health Service and a tribe or tribal organization pursuant to the Indian Self-Determination Act of 1975, as amended, prior to or during fiscal year 2010, of which not to exceed $5,000,000 may be used for contract support costs associated with new or expanded self-determination contracts, grants, self-governance com- pacts, or annual funding agreements: Provided further, That the B ureau of Indian Affairs may collect from the Indian Health Service, tribes and tribal organizations operating health facilities pursuant to P ublic L aw 93 – 638, such individually identifiable health informa- tion relating to disabled children as may be necessary for the purpose of carrying out its functions under the Individuals with Disabilities Education Act (20 U.S.C. 1400, et seq.): Provided fur- ther, That the Indian Health Care Improvement Fund may be used, as needed, to carry out activities typically funded under the Indian Health Facilities account. Reports.L o an s.


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Page:United States Statutes at Large Volume 123.djvu/2967

 123STA T . 2 947PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 IND I A N HE A LT H F A C ILITIE SForc o nst r u ct i on , r epa ir, m aintenance, impro v ement, an d e q uip - ment o fh ea l th and related au x iliar y facilities, includin g quarters for personnel preparation of plans, specifications, and dra w ings; acquisition of sites, purchase and erection of modular b uildings, and purchases of trailers; and for provision of domestic and commu- nity sanitation facilities for I ndians, as authori z ed by section 7 of the A ct of August 5, 19 5 4( 4 2U.S . C . 2 0 04a ) , the Indian Self- D etermination Act, and the Indian H ealth Care Improvement Act, and for expenses necessary to carry out such Acts and titles II and III of the P ublic Health Service Act with respect to environ- mental health and facilities support activities of the Indian Health Service, $3 94,757,000, to remain available until expended
 * Provide

d, T hat notwithstanding any other provision of law, funds appro- priated for the planning, design, construction, renovation or expan- sion of health facilities for the benefit of an Indian tribe or tribes may be used to purchase land on which such facilities will be located: Provided fu r th er, That not to exceed $500,000 shall be used by the Indian Health Service to purchase T R A N SA M equip- ment from the Department of Defense for distribution to the Indian Health Service and tribal facilities: Provided further, That none of the funds appropriated to the Indian Health Service may be used for sanitation facilities construction for new homes funded with grants by the housing programs of the United States Depart- ment of Housing and Urban Development: Provided further, That not to exceed $2,700,000 from this account and the ‘ ‘Indian Health Services ’ ’ account shall be used by the Indian Health Service to obtain ambulances for the Indian Health Service and tribal facilities in con j unction with an existing interagency agreement between the Indian Health Service and the G eneral Services Administration: Provided further, That not to exceed $500,000 shall be placed in a Demolition Fund, to remain available until expended, and be used by the Indian Health Service for the demolition of Federal buildings. AD M INIST R ATI V E P R O VISIONS, INDIAN HEALTH SERVICE Appropriations provided in this Act to the Indian Health Service shall be available for services as authorized by 5 U.S.C. 3109 at rates not to exceed the per diem rate equivalent to the maximum rate payable for senior-level positions under 5 U.S.C. 537 6 of passenger motor vehicles and aircraft; purchase of medical equip- ment; purchase of reprints; purchase, renovation and erection of modular buildings and renovation of existing facilities; payments for telephone service in private residences in the field, when author- ized under regulations approved by the Secretary; uniforms or allowances therefor as authorized by 5 U.S.C. 5901 – 5902; and for expenses of attendance at meetings that relate to the functions or activities of the Indian Health Service. In accordance with the provisions of the Indian Health Care Improvement Act, non-Indian patients may be extended health care at all tribally administered or Indian Health Service facilities, subject to charges, and the proceeds along with funds recovered under the Federal Medical Care Recovery Act (42 U.S.C. 2651– 2653) shall be credited to the account of the facility providing the service and shall be available without fiscal year limitation. Notwithstanding any other law or regulation, funds transferred
 * hire


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Page:United States Statutes at Large Volume 123.djvu/2968

 123STA T . 2 948PUBLIC LA W 111 – 88 —O CT. 3 0, 2009 fromtheD e pa rtme n tof H o usi n g an dU r b an De v e l opment to the I ndian Health S ervi c e shall be administered under P ublic L a w86–12 1, the Indian Sanitation F acilities A ct and Public Law 93 – 638, as amended . Funds appropriated to the Indian Health Service in this Act, e x cept those used for administrative and program direction pur - poses, shall not be sub j ect to limitations directed at curtailing Federal travel and transportation. N one of the funds made available to the Indian Health Service in this Act shall be used for an y assessments or charges by the Department of Health and Human Services unless identified in the budget justification and provided in this Act, or approved by the House and Senate C ommittees on Appropriations through the reprogramming process. Notwithstanding any other provision of law, funds previously or herein made available to a tribe or tribal organi z ation through a contract, grant, or agreement authorized by title I or title V of the Indian Self-Determination and E ducation Assistance Act of 19 75( 25 U.S.C. 4 5 0) , may be deobligated and reobligated to a self-determination contract under title I, or a self-governance agreement under title V of such Act and thereafter shall remain available to the tribe or tribal organization without fiscal year limitation. None of the funds made available to the Indian Health Service in this Act shall be used to implement the final rule published in the Federal R egister on September 16, 1987, by the Department of Health and Human Services, relating to the eligibility for the health care services of the Indian Health Service until the Indian Health Service has submitted a budget re q uest reflecting the increased costs associated with the proposed final rule, and such request has been included in an appropriations Act and enacted into law. W ith respect to functions transferred by the Indian Health Service to tribes or tribal organizations, the Indian Health Service is authorized to provide goods and services to those entities on a reimbursable basis, including payments in advance with subse- quent adjustment. T he reimbursements received therefrom, along with the funds received from those entities pursuant to the Indian Self-Determination Act, may be credited to the same or subsequent appropriation account from which the funds were originally derived, with such amounts to remain available until expended. Reimbursements for training, technical assistance, or services provided by the Indian Health Service will contain total costs, including direct, administrative, and overhead associated with the provision of goods, services, or technical assistance. The appropriation structure for the Indian Health Service may not be altered without advance notification to the House and Senate Committees on Appropriations. N ATION A L IN S TIT U T E SO F HEALT H NATIONAL INSTITUTE OF EN V I R ON M ENTAL HEALTH S C IENCES For necessary expenses for the National Institute of Environ- mental Health Sciences in carrying out activities set forth in section 311(a) of the Comprehensive Environmental Response, Compensa- tion, and Liability Act of 1980, as amended, and section 126(g) Notif i ca tio n.Regul ation s . B u d get r e q uest.


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 123STA T . 2 94 9 PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 oftheSup e r fu ndAm endment sa nd R eauthor iz ation A c tof 1986,$7 9, 2 12, 0 00 . A GENCYFORT O XI CS UBSTA NCES AN DD ISEASE REGISTRY TOXIC SUBSTANCES AND EN V IRON M ENTA LP UBLIC H EALTH F or necessar y e x penses for the A g ency for Toxic Su b stances and Disease Registry ( ATSDR ) in carrying out acti v ities set forth in sections 10 4 (i) and 111(c)(4) of the C omprehensive E nvironmenta l Response, Compensation, and L iability Act of 1980 (CERCLA), as amended section 118(f) of the Superfund Amendments and Reauthorization Act of 1986 (SARA), as amended; and section 3 019 of the Solid W aste Disposal Act, as amended, $76,792,000, of w hich up to $1,000 per eligible employee of the Agency for Toxic Substance and Disease Registry shall remain available until expended for I ndividual Learning Accounts
 * Provide

d, That notwithstanding any other provision of law, in lieu of performing a health assessment under section 104(i)(6) of CERCLA, the Administrator of ATSDR may conduct other appropriate health studies, evaluations, or activi - ties, including, without limitation, biomedical testing, clinical evaluations, medical monitoring, and referral to accredited health care providers: Provided fu r th er, That in performing any such health assessment or health study, evaluation, or activity, the Adminis- trator of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of CERCLA: Provided further, That none of the funds appropriated under this heading shall be available for ATSDR to issue in excess of 40 toxicological profiles pursuant to section 104(i) of CERCLA during fiscal year 2010, and existing profiles may be updated as necessary. O T H ER RELATED A G E N CIES EXECUTIVE OFFICE OF THE P RESIDENT COUNCIL ON ENVIRONMENTAL Q UALITY AND OFFICE OF ENVIRONMENTAL QUALITY For necessary expenses to continue functions assigned to the Council on Environmental Q uality and Office of Environmental Quality pursuant to the National Environmental Policy Act of 1969, the Environmental Quality Improvement Act of 1970, and Reorga- nization Plan No. 1 of 1977, and not to exceed $7 5 0 for official reception and representation expenses, $3,159,000: Provided, That notwithstanding section 202 of the National Environmental Policy Act of 1970, the Council shall consist of one member, appointed by the President, by and with the advice and consent of the Senate, serving as chairman and exercising all powers, functions, and duties of the Council. CHEMICAL SAFETY AND HA Z ARD INVESTIGATION B OARD SALARIES AND EXPENSES For necessary expenses in carrying out activities pursuant to section 112(r)(6) of the Clean Air Act, as amended, including hire of passenger vehicles, uniforms or allowances therefor, as authorized by5 U .S.C. 5901 – 5902, and for services authorized by 5 U.S.C. Ap p ointme nt .


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Page:United States Statutes at Large Volume 123.djvu/2970

 123STA T . 2 950PUBLIC LA W 111 –8 8 —O CT. 30 , 2009 3109buta t r at esfo r ind i v idua l snottoe xc eed t h e p er die m e q uiva - lent to the maximum rate pa y able for senior level positions under 5U.S. C . 53 76,$ 11,1 4 7,000
 * Provide

d, T hat the Chemical Safety and H a z ard I nvesti g ation B oard ( Board ) shall have not more than three career Senior E xecutive Service positions: Provided fu r th er, That not w ithstanding any other provision of law, the individual appointed to the position of Inspector G eneral of the Environmental P rotection A gency (EPA) shall, by virtue of such appointment, also hold the position of Inspector General of the Board: Provided fur - ther, That notwithstanding any other provision of law, the Inspector General of the Board shall utilize personnel of the O ffice of Inspector General of EPA in performing the duties of the Inspector General of the Board, and shall not appoint any individuals to positions within the Board: Provided further, That of the funds appropriated under this heading, $600,000 shall be for a study by the N ational Academy of Sciences to examine the use and storage of methyl isocyanate including the feasibility of implementing alternative chemicals or processes and an examination of the cost of alternatives at the Bayer CropScience facility in Institute, W est V irginia. O F F ICEO FN AV A J OA ND HO P I INDIAN R E L OCA T ION S ALA R IES AND E X PENSES F or necessary expenses of the Office of Nava j o and Hopi Indian Relocation as authorized by Public L aw 93 – 531, $ 8 ,000,000, to remain available until expended: Provided , That funds provided in this or any other appropriations Act are to be used to relocate eligible individuals and groups including evictees from D istrict 6, Hopi-partitioned lands residents, those in significantly substandard housing, and all others certified as eligible and not included in the preceding categories: Provided further, That none of the funds contained in this or any other Act may be used by the Office of Navajo and Hopi Indian Relocation to evict any single Navajo or Navajo family who, as of November 30, 1985, was physically domiciled on the lands partitioned to the Hopi Tribe unless a new or replacement home is provided for such household: Provided further, That no relocatee will be provided with more than one new or replacement home: Provided further, That the Office shall relocate any certified eligible relocatees who have selected and received an approved homesite on the Navajo reservation or selected a replacement residence off the Navajo reservation or on the land acquired pursuant to 2 5 U.S.C. 640d–10. INSTIT U TEOFA M ERICAN INDIAN AND ALAS K A NATIVE CULTURE AND ARTS DEVELOPMENT PA Y MENT TO T H E INSTITUTE For payment to the Institute of American Indian and Alas k a Native Culture and Arts Development, as authorized by title X V of Public Law 99–498, as amended (20 U.S.C. 56 part A), $8,300,000. Study.5U S Cap p. 8Gno t e . Go v e r n m ent po si tions.


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Page:United States Statutes at Large Volume 123.djvu/2971

 123STA T . 2 95 1 PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 SMITHSON I A N I NSTIT U TION SA L A R I E SAN D E XP ENSES Fornec e s s a r y e xp enses o fth eS mi thsonian Instit u tion , as authori z e db y l a w , includin g research in the fields of art, science, and history de v elopment, preservation, and documentation of the N ational C ollections; presentation of public exhibits and perform - ances; collection, preparation, dissemination, and exchange of information and publications; conduct of education, training, and museum assistance programs; maintenance, alteration, operation, lease agreements of no more than 30 years, and protection of buildings, facilities, and approaches; not to exceed $1 00,000 for services as authorized by 5U. S.C. 310 9 repair, and cleaning of uniforms for employees, $ 6 36,161,000, to remain available until September 30, 2 011, except as otherwise provided herein; of which not to exceed $19,11 7 ,000 for the instrumentation program, collections ac q uisition, exhibition re- installation, the National M useum of A frican American H istory and Culture, and the repatriation of s k eletal remains program shall remain available until expended; of which $1,553,000 is for fellowships and scholarly awards; of which $250,000 may be made available to carry out activities under the Civil R ights History P ro j ect Act of 2009 ( 20 U.S.C. 8 0s et seq. ) , to remain available until expended; and including such funds as may be necessary to support American overseas research centers
 * and purchase, rental,
 * Provide

d ,T hat funds appropriated herein are available for advance payments to independent contractors performing research services or partici- pating in official Smithsonian presentations. F A C ILITIES CAPITAL For necessary expenses of repair, revitalization, and alteration of facilities owned or occupied by the Smithsonian Institution, by contract or otherwise, as authorized by section 2 of the Act of August 22, 19 4 9 (63 Stat. 623), and for construction, including necessary personnel, $125,000,000, to remain available until expended, of which not to exceed $10,000 is for services as author- ized by 5 U.S.C. 3109. LE G AC Y FUND ( INCLUDING RESCISSION OF FUNDS ) For the purpose of developing a public-private partnership to facilitate the reopening of the Arts and Industries B uilding of the Smithsonian Institution, $30,000,000, to remain available until expended, for repair, renovation and revitalization of the building: Provided, That such funds shall be matched on a 1:1 basis by private donations: Provided fu r th er, That major in-kind donations that contribute significantly to the redesign and purpose of the reopened building be considered to qualify toward the total private match: Provided further, That privately contributed endowments, which are designated for the care and renewal of permanent exhibi- tions installed in the Arts and Industries Building, be considered as qualifying toward the total private match: Provided further, That this appropriation may be made available to the Smithsonian Contrac t s.


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Page:United States Statutes at Large Volume 123.djvu/2972

 123STA T . 2 95 2 PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 Insti t u ti o nin crem ent al l y as p ri v ate f un d in gb ecomes available
 * Pro-vide

d fu r th er ,Th at any other provision of la w that ad j usts the overall amount of the F ederal appropriation for this account shall also apply to the privately contributed re q uirement: Provided fur- ther, That the unobligated balances provided under this heading in P ublic L aw 1 1 0– 1 6 1 and Public Law 111– 8 are hereby rescinded .NATION A LG ALL ERY O FA RT S ALARIES AN D E XP ENSES For the up k eep and operations of the National Gallery of Art, the protection and care of the works of art therein, and administra - tive e x penses incident thereto, as authori z edbytheActof M arch 24 ,1 937(5 0 S tat. 51 ) , as amended by the public resolution of April 13, 1939 (Public R esolution 9, Seventy-sixth C ongress), including services as authorized by 5 U .S.C. 3109 payment in advance when authorized by the treasurer of the Gallery for mem- bership in library, museum, and art associations or societies whose publications or services are available to members only, or to mem- bers at a price lower than to the general public; purchase, repair, and cleaning of uniforms for guards, and uniforms, or allowances therefor, for other employees as authorized by law (5 U.S.C. 5901– 5902); purchase or rental of devices and services for protecting buildings and contents thereof, and maintenance, alteration, improvement, and repair of buildings, approaches, and grounds; and purchase of services for restoration and repair of works of art for the National Gallery of Art by contracts made, without advertising, with individuals, firms, or organizations at such rates or prices and under such terms and conditions as the Gallery may deem proper, $ 110,746,000, of which not to exceed $3,386,000 for the special exhibition program shall remain available until expended. REPAIR, RESTORATION AND RENO V ATION OF BU ILDIN G S For necessary expenses of repair, restoration and renovation of buildings, grounds and facilities owned or occupied by the National Gallery of Art, by contract or otherwise, as authorized, $56,259,000, to remain available until expended: Provided , That of this amount, $40,000,000 shall be available for repair of the National Gallery ’ s E ast B uilding fac ¸ ade: Provided further, That notwithstanding any other provision of law, a single procurement for the foregoing Major Critical Project may be issued which includes the full scope of the project: Provided further, That the solicitation and contract shall contain the clause ‘ ‘availability of funds’’ found at 48 CFR 52.232.18: Provided further, That contracts awarded for environmental systems, protection systems, and exte- rior repair or renovation of buildings of the National Gallery of Art may be negotiated with selected contractors and awarded on the basis of contractor qualifications as well as price. J O H NF. K ENNEDY CENTER FOR THE PERFOR M ING ARTS OPERATIONS AND MAINTENAN C E For necessary expenses for the operation, maintenance and security of the John F. Kennedy Center for the Performing Arts, Ap p licab ili ty.


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 123STA T . 2 95 3 PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 $23,0 00,000
 * Provide

d, Thatof th e f undsi n cl uded unde r this headin g ,$ 5 00,000 is a v aila b le until e xp ended to i m plement a pro - gram to train arts managers throughout the U nited S tates .CAPIT A LRE PAIR A ND RE S T O RATION F or necessar y expenses for capital repair and restoration of the existing features of the building and site of the J ohn F. K ennedy C enter for the P erforming A rts, $ 17, 4 47,000, to remain available until expended. W OODRO W WILSON I NTERNATIONAL CENTER F OR SC H OLARS SALARIES AND E X PENSES For expenses necessary in carrying out the provisions of the Woodro w Wilson M emorial Act of 1 968( 82 Stat. 1356 ) including hire of passenger vehicles and services as authori z ed by 5 U.S.C. 3109, $12,225,000, to remain available until September 30, 2011. N ATIONAL FO U NDATION ON THE ARTS AND THE H U M ANITIES NATIONAL E NDOWMENT FOR THE ARTS G RANTS AND ADMINISTRATION For necessary expenses to carry out the National Foundation on the Arts and the Humanities Act of 1965, as amended, $167,500,000 shall be available to the National Endowment for the Arts for the support of pro j ects and productions in the arts, including arts education and public outreach activities, through assistance to organizations and individuals pursuant to section 5 of the Act, for program support, and for administering the func- tions of the Act, to remain available until expended. NATIONAL ENDOWMENT FOR THE HUMANITIES GRANTS AND ADMINISTRATION For necessary expenses to carry out the National Foundation on the Arts and the Humanities Act of 1965, as amended, $167,500,000, to remain available until expended, of which $153,200,000 shall be available for support of activities in the humanities, pursuant to section 7(c) of the Act and for administering the functions of the Act and $14,300,000 shall be available to carry out the matching grants program pursuant to section 10(a)(2) of the Act including $9,500,000 for the purposes of section 7(h): Provided, That appropriations for carrying out section 10(a)(2) shall be available for obligation only in such amounts as may be e q ual to the total amounts of gifts, bequests, and devises of money, and other property accepted by the chairman or by grantees of the Endowment under the provisions of subsections 11(a)(2)( B ) and 11(a)(3)(B) during the current and preceding fiscal years for which equal amounts have not previously been appropriated. ADMINISTRATI V E PROVISIONS None of the funds appropriated to the National Foundation on the Arts and the Humanities may be used to process any grant


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 123STA T . 2 954PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 orc o nt r a ct d oc ume nt swhi ch do not inc l ude the te x to f18U.S. C . 1 9 1 3:Provide d ,T hat none of the funds a p propriated to the N ational F oundation on the A rts and the H umanities ma yb e used for official reception and representation expenses: Provided fu r th er, That funds from nonappropriated sources may be used as necessary for official reception and representation expenses: Provided further, That the Chairperson of the National E ndowment for the Arts may appro v e g rants of up to $ 1 0 ,000, if in the aggregate this amount does not exceed 5 percent of the sums appropriated for grant - ma k ing purposes per year: Provided further, That such small grant actions are taken pursuant to the terms of an expressed and direct delega- tion of authority from the National Council on the Arts to the Chairperson. C OM M IS SIO N O F FIN E A RT S S AL ARIES AN D E XP ENSES For expenses made necessary by the Act establishing a Commis- sion of Fine Arts (4 0 U.S.C. 104 ) ,$ 2 ,294,000: Provided , That the Commission is authori z ed to charge fees to cover the full costs of its publications, and such fees shall be credited to this account as an offsetting collection, to remain available until expended with- out further appropriation: Provided further, That the Commission is authorized to accept gifts, including ob j ects, papers, artwork, drawings and artifacts, that pertain to the history and design of the Nation ’ s Capital or the history and activities of the Commis- sion of Fine Arts, for the purpose of artistic display, study or education. NATIONAL C APITAL ARTS AND C U LTURAL AFFAIRS For necessary expenses as authorized by P ublic L aw 99 – 190 (20 U.S.C. 95 6 a), as amended, $9,500,000. AD V ISOR Y COUNCIL ON HISTORIC PRESERVATION SALARIES AND EXPENSES For necessary expenses of the Advisory Council on Historic Preservation (Public Law 89–665, as amended), $5,908,000: Pro - vided, That none of these funds shall be available for compensation of level V of the Executive Schedule or higher positions. NATIONAL CAPITAL PLANNIN G COMMISSION SALARIES AND EXPENSES For necessary expenses, as authorized by the National Capital Planning Act of 1952 (40 U.S.C. 7 1–71i), including services as authorized by 5 U.S.C. 3109, $8,507,000: Provided, That one- q uarter of 1 percent of the funds provided under this heading may be used for official reception and representational expenses associated with hosting international visitors engaged in the planning and physical development of world capitals.


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 123STA T . 2 95 5 PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 UNITEDS T A TE SHOL O C A U ST M E M O R IAL MUSEUM H OLOCAUST MEMORIAL MUSEUM Forexp e ns eso fth eHo l o cau st Me m or i al Museum , as authori z e dbyP ublic L a w106–29 2 (3 6U . S. C . 2301–2310 ) , $4 9,122,000, of which $ 5 15,000 for the Museum ’ se q uipment replacement pro g ram, $1,900,000 for the museum’s repair and rehabilitation program, and $1,264,000 for the museum’s exhibition design and production program shall remain a v ailable until expended. PRESIDIO T RUST P RESIDIO TRUST F UND For necessary expenses to carry out title I of the O mnibus Par k s and Public Lands Management A ct of 1996, $23,200,000 shall be available to the Presidio Trust, to remain available until expended. DW I G HT D. E ISENHOWER MEMORIAL COMMISSION SALARIES AND E X PENSES For necessary expenses, including the costs of construction design, of the Dwight D. Eisenhower Memorial Commission, $3,000,000, to remain available until expended. CAPITAL CONSTRUCTION For necessary expenses of the Dwight D. Eisenhower Memorial Commission for design and construction of a memorial in honor of Dwight D. Eisenhower, as authorized by Public Law 106– 7 9, $16,000,000, to remain available until expended. TITLE I VG E N E R AL PROVISIONS ( INCLUDING TRANSFERS OF FUNDS ) LIMITATION ON CONSULTING SER V ICES SEC. 401. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursu - ant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive Order issued pursuant to existing law. RESTRICTION ON USE OF FUNDS SEC. 402. No part of any appropriation contained in this Act shall be available for any activity or the publication or distribution of literature that in any way tends to promote public support or opposition to any legislative proposal on which Congressional action is not complete other than to communicate to Members of Congress as described in 1 8 U.S.C. 1913. Lob b ying.C on trac t s .


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 123STA T . 2 956PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 OBLIGAT IO N O F A P P R OPRIATION SSEC.403 . Nopart o f a ny appropr i ation c ontain ed int h i sA ct sha l lre m ain a v aila b le for obli g ation beyond the c u rrent fiscal year unless e x pressly so provided herein. PRO H IBITION ON U SE OF FUN D S FOR PERSONAL SER V ICES SEC. 404. None of the funds provided in this Act to any depart - ment or agency shall be obligated or expended to provide a personal coo k, chauffeur, or other personal servants to any officer or employee of such department or agency except as other w ise provided by law. DISCLOSURE OF AD M INISTRATIVE E X PENSES SEC. 40 5 . E stimated overhead charges, deductions, reserves or holdbacks from programs, pro j ects, activities and subactivities to support government-wide, departmental, agency or bureau administrative functions or head q uarters, regional or central oper- ations shall be presented in annual budget justifications and subject to approval by the C ommittees on Appropriations. Changes to such estimates shall be presented to the Committees on Appropriations for approval. GIANT SE Q UOIA SEC. 40 6 . None of the funds in this Act may be used to plan, prepare, or offer for sale timber from trees classified as giant sequoia ( Sequoiadendron giganteum ) which are located on National F orest System or B ureau of L and M anagement lands in a manner different than such sales were conducted in fiscal year 2 00 9 . TRANSFER OF FUNDS AUTHORIT Y SEC. 40 7 . None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the U nited States G overnment except pursuant to a transfer made by, or transfer provided in, this Act or any other Act. MINING APPLICATIONS SEC. 40 8 . (a) LIMITATION OF FUNDS. — None of the funds appro- priated or otherwise made available pursuant to this Act shall be obligated or expended to accept or process applications for a patent for any mining or mill site claim located under the general mining laws. (b) EXCEPTIONS.— T he provisions of subsection (a) shall not apply if the Secretary of the I nterior determines that, for the claim concerned ( 1 ) a patent application was filed with the Sec- retary on or before September 30, 1994 and (2) all requirements established under sections 2325 and 2326 of the R evised Statutes (30 U.S.C. 29 and 30) for vein or lode claims and sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337 of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the case may be, were fully complied with by the applicant by that date. Det e rmina ti o n .P atent s . Budg et estimates.


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 123STA T . 2 957PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 (c)REPORT.—OnSept e mb e r30,2 0 1 0,t h e Secret a r yof the I nter i or s ha l l file w ith the H o u se an d Senate C ommittees on A ppro - priations and the Committee on N atural Resources of the House and the Committee on E ner g y and Natural Resources of the Senate a report on actions ta k en by the D epartment under the plan sub- mitted pursuant to section 31 4 (c) of the Department of the Interior and Related Agencies Appropriations Act, 1 9 9 7 ( P ublic L aw 104 – 20 8 ). (d) MIN ER AL E X A M INATION S .—In order to process patent applications in a timely and responsible manner, upon the re q uest of a patent applicant, the Secretary of the Interior shall allow the applicant to fund a qualified third-party contractor to be selected by the B ureau of Land Management to conduct a mineral e x amina- tion of the mining claims or mill sites contained in a patent applica- tion as set forth in subsection (b). T he Bureau of Land Management shall ha v e the sole responsibility to choose and pay the third- party contractor in accordance with the standard procedures employed by the Bureau of Land Management in the retention of third-party contractors. C ONTRACT S U PPORT COSTS SEC. 409. Notwithstanding any other provision of law, amounts appropriated to or otherwise designated in committee reports for the Bureau of Indian Affairs and the Indian Health Service by Public Laws 103–138, 103–332, 104–134, 104–208, 10 5 –83, 105– 277, 10 6 –113, 106–291, 107–63, 108–7, 108–108, 108–447, 109– 54, 109–289, division B and Continuing Appropriations Resolution, 2007 (division B of Public Law 109–289, as amended by Public Laws 110–5 and 110–28), Public Laws 110–92, 110–116, 110–137, 110–149, 110–161, 110–329, 111–6, and 111–8 for payments for contract support costs associated with self-determination or self- governance contracts, grants, compacts, or annual funding agree- ments with the Bureau of Indian Affairs or the Indian Health Service as funded by such Acts, are the total amounts available for fiscal years 1994 through 2009 for such purposes, except that the Bureau of Indian Affairs, tribes and tribal organi z ations may use their tribal priority allocations for unmet contract support costs of ongoing contracts, grants, self-governance compacts, or annual funding agreements. F OREST MANA G EMENT PLANS SEC. 410. The Secretary of Agriculture shall not be considered to be in violation of subparagraph 6(f)(5)(A) of the F orest and Rangeland Renewable Resources Planning Act of 1974 (16 U .S.C. 1604(f)(5)(A)) solely because more than 15 years have passed with- out revision of the plan for a unit of the National Forest System. Nothing in this section exempts the Secretary from any other requirement of the Forest and Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or any other law
 * Provide

d , That if the Secretary is not acting expeditiously and in good faith, within the funding available, to revise a plan for a unit of the National Forest System, this section shall be void with respect to such plan and a court of proper j urisdiction may order completion of the plan on an accelerated basis. 16USC 16 04note.


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 123STA T . 2 958PUBLIC LA W 111 – 88 —O CT. 3 0, 2009 PROHIB I T IO NW ITHIN N A TIONA LM ON U M E NT SS E C.41 1. Nofundspr o vi d e din th is Ac t mayb ee x pended to conduct pre l easin g, leasing and related activities under either the M ineral L easing Act (30U .S. C . 1 8 1etse q . ) or the O uter Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) w ithin the boundaries of a National Monument established pursuant to the Act of J une8,1 9 0 6 (16 U.S.C. 431 et seq.) as such boundary existed on January 2 0, 2001, except where such activities are allowed under the P residential proclamation establishing such monument. INTERNATIONAL F IREFI G HTER COOPERATI V E AGREEMENTS SEC. 412. I n entering into agreements with foreign fire organi z ations pursuant to the T emporary E mergency W ildfire Suppression Act (42 U.S.C. 18 5 6m – 1856o), the Secretary of Agri - culture and the Secretary of the Interior are authorized to enter into reciprocal agreements in which the individuals furnished under said agreements to provide wildfire services are considered, for purposes of tort liability, employees of the fire organization receiving said services when the individuals are engaged in fire suppression or presuppression
 * Provide

d, That the Secretary of Agriculture or the Secretary of the Interior shall not enter into any agreement under this provision unless the foreign fire organization agrees to assume any and all liability for the acts or omissions of American firefighters engaged in fire suppression or presuppression in a for- eign country: Provided fu r th er, That when an agreement is reached for furnishing fire suppression or presuppression services, the only remedies for acts or omissions committed while engaged in fire suppression or presuppression shall be those provided under the laws applicable to the fire organization receiving the fire suppres- sion or presuppression services, and those remedies shall be the exclusive remedies for any claim arising out of fire suppression or presuppression activities in a foreign country: Provided further, That neither the sending country nor any legal organization associ- ated with the firefighter shall be sub j ect to any legal action, con- sistent with the applicable laws governing sovereign immunity, pertaining to or arising out of the firefighter ’ s role in fire suppres- sion or presuppression, except that if the foreign fire organization is unable to provide immunity under laws applicable to it, it shall assume any and all liability for the United States or for any legal organization associated with the American firefighter, and for any and all costs incurred or assessed, including legal fees, for any act or omission pertaining to or arising out of the firefighter’s role in fire suppression or presuppression. CONTRACTING AUTHORITIES SEC. 413. In awarding a F ederal contract with funds made available by this Act, notwithstanding Federal G overnment procure- ment and contracting laws, the Secretary of Agriculture and the Secretary of the Interior (the ‘ ‘Secretaries’’) may, in evaluating bids and proposals, give consideration to local contractors who are from, and who provide employment and training for, dislocated and displaced wor k ers in an economically disadvantaged rural community, including those historically timber-dependent areas that have been affected by reduced timber harvesting on Federal Urban an d r u ra l ar e a s.Wi ld f ires.


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 123STA T . 2 95 9 PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 lands and otherf orest - de p endent r u ral c o m mun i ties isolated from si g nificant alternati v e emplo y ment opportunities
 * Provide

d ,T hat not w ithstanding F ederal G overnment procurement and contracting laws the S ecretaries may award contracts , grants or cooperative agreements to local non-profit entities, Y outh C onservation Corps or related partnerships with State, local or non-profit youth groups, or small or micro- b usiness or disadvantaged business: Provided fu r th er, That the contract, grant, or cooperative agreement is for forest ha z ardous fuels reduction, watershed or water q uality moni- toring or restoration, wildlife or fish population monitoring, or habitat restoration or management: Provided further, That the terms ‘ ‘rural community ’ ’ and ‘‘economically disadvantaged’’ shall have the same meanings as in section 2374 of P ublic L aw 10 1 –6 24: Provided further, That the Secretaries shall develop guidance to implement this section: Provided further, That nothing in this section shall be construed as relieving the Secretaries of any duty under applicable procurement laws, e x cept as provided in this sec- tion .LIM I TA TI ON ON TA K IN GS S EC. 414. U nless otherwise provided herein, no funds appro- priated in this A ct for the acquisition of lands or interests in lands may be expended for the filing of declarations of ta k ing or complaints in condemnation without the approval of the H ouse and Senate Committees on Appropriations: Provided, That this provision shall not apply to funds appropriated to implement the E verglades N ational Park Protection and Expansion Act of 1 98 9, or to funds appropriated for Federal assistance to the State of Florida to acquire lands for Everglades restoration purposes. HU NTE R S P OINT EN V IRONMENTAL CLEANUP SEC. 41 5 . I n addition to the amounts otherwise provided to the Environmental Protection Agency in this Act, $ 8,000,000, to remain available until expended, is provided to EPA to be trans- ferred to the D epartment of the Navy for clean-up activities at the Treasure Island Naval Station — Hunters Point Annex. E X TENSION O F GRA Z ING PERMITS SEC. 416. The terms and conditions of section 325 of Public Law 108–108, regarding grazing permits at the Department of the Interior and the Forest Service shall remain in effect for fiscal year 2010. NATIONAL COUNCIL ON THE ARTS MEM B ERSHIP SEC. 417. Section 6 of the National Foundation on the Arts and the Humanities Act of 1965 ( Public Law 89–209, 20 U.S.C. 955 ) , as amended, is further amended as follows: (1) In the first sentence of subsection (b)(1)(C), by striking ‘‘14’’ and inserting in lieu thereof ‘‘18’’ and (2) In the second sentence of subsection (d)(1), by striking ‘‘Eight’’ and inserting in lieu thereof ‘‘Ten’’. Guidel i n e s.


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 123STA T . 2 960PUBLIC LA W 111 –8 8 —O CT. 30 , 2009 NATIO NA LC A P ITAL A R T S AN D C U LTURAL A F FAIRS AUT H ORI Z ATION SE C .418 . Theit e mr e la ti ng t o‘ ‘ N ational C a p ital A rt s an d C u ltural A f fairs ’ ’ inthe D epartment of the I nterior and R elated Agen c ies Appropriations Act , 1 9 8 6, as enacted into la wby section 1 0 1 ( d ) of P ublic L aw 99 – 190 (99 Stat. 1 2 61 20 U .S.C. 9 5 6a), is amended — (1) in the second sentence of the first paragraph, by stri k ing ‘‘ $7 ,500,000’’ and inserting ‘‘$10,000,000’’; and (2) in the second sentence of the fourth paragraph, by striking ‘‘$500,000’’ and inserting ‘‘$650,000’’. ALAS K A NATI V E HEALTH CARE SERVICES SEC. 419. (a) Notwithstanding any other pro v ision of law and until O ctober 1, 2011, the Indian H ealth Service may not disburse funds for the provision of health care services pursuant to Public Law 9 3 –638 (25 U.S.C. 450 et se q .) to any Alaska Native village or Alaska Native village corporation that is located within the area served by an Alaska Native regional health entity. (b) Nothing in this section shall be construed to prohibit the disbursal of funds to any Alaska Native village or Alaska Native village corporation under any contract or compact entered into prior to M ay 1, 2006, or to prohibit the renewal of any such agreement. (c) F or the purpose of this section, E astern Aleutian Tribes, Inc., the Council of Athabascan Tribal G overnments, and the Native V illage of Eyak shall be treated as Alaska Native regional health entities to which funds may be disbursed under this section. E X TENSION OF FOREST B OTANICAL PRODUCT AUTHORITIES SEC. 420. Section 339(h) of the Department of the Interior and Related Agencies Appropriations Act, 2000, as amended, con - cerning a pilot program for the sale of forest botanical products by the Forest Service, is further amended by striking ‘‘September 30, 2009’’ and inserting ‘‘September 30, 2014’’. TI M BER SALE RE Q UIREMENTS SEC. 421. The Forest Service shall use the residual value approach to appraising all timber sales in Alaska’s Region 10 that contain a component of W estern red cedar and shall only offer sales that contain a component of Western red cedar that are not deficit. Western red cedar shall be appraised using lower 48 State domestic values if the timber might be eligible for shipment to the lower 48 States. All of the Western red cedar timber from those sales which is surplus to the needs of domestic processors in Alaska shall be made available to domestic processors in the contiguous 48 United States at prevailing domestic prices in the contiguous 48 United States. Western red cedar shall be deemed ‘‘surplus to the needs of domestic processors in Alaska’’ if the Forest Service determines it is surplus or if the timber sale holder has presented to the Forest Service documentation that the Forest Service determines is valid of the inability to sell Western red cedar logs from a given sale to domestic Alaska processors at a price equal to or greater than the log selling value stated in the contract. All additional Western red cedar volume not sold Det e rmina ti o n .16USC528 note.


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 123STA T . 2 96 1 PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 toAlask ao r to c o n t igu ous 48U nit edS tates do m estic p rocessors ma yb ee x ported to f oreign markets if t h e F orest Ser v ice determines it is surplus to the needs of the 50 States . All Alaska yello w cedar may be sold at prevailing export prices if the Forest Service determines it is surplus to the needs of the 50 States. COL O RAD O COO PE RA TIV ECO NS ERVATION A U T H ORIT Y SEC. 4 2 2. Section 3 3 1( e ) of the D epartment of the I nterior and R elated Agencies Appropriations Act , 2001, ( P ublic L aw 10 6– 2 9 1), as added by section 336 of division E of the C onsolidated Appropriations Act, 2005 (Public Law 108–44 7 ), concerning coopera - tive forestry agreements known as the Colorado G ood N eighbor Act Authority is amended by striking ‘ ‘September 30, 2009 ’ ’ and inserting ‘‘September 30, 2013’’. G EOTHER M AL ENERGY RECEIPTS SEC. 423. All monies received by the United States in fiscal year 2010 from sales, bonuses, rentals, and royalties under the Geothermal Steam Act of 1970 shall be disposed of as provided by section 20 of that Act (30 U.S.C. 1019), as in effect immediately before enactment of the Energy Policy Act of 2005 (Public Law 109–58), and without regard to the amendments contained in sec- tions 224(b) and section 234 of the Energy Policy Act of 2005 (42 U.S.C. 17673). PROHI B ITION ON USE O F FUNDS SEC. 424. Notwithstanding any other provision of law, none of the funds made available in this Act or any other Act may be used to promulgate or implement any regulation re q uiring the issuance of permits under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for carbon dioxide, nitrous oxide, water vapor, or methane emissions resulting from biological processes associated with livestock production. GREENHOUSE GAS REPORTING RESTRICTIONS SEC. 425. Notwithstanding any other provision of law, none of the funds made available in this or any other Act may be used to implement any provision in a rule, if that provision requires mandatory reporting of greenhouse gas emissions from manure management systems. REPORT ON USE OF CLIMATE CHANGE FUNDS SEC. 426. Not later than 120 days after the date on which the President’s fiscal year 2011 budget request is submitted to Congress, the President shall submit a report to the Committee on Appropriations of the H ouse of Representatives and the Com- mittee on Appropriations of the Senate describing in detail all Federal agency obligations and expenditures, domestic and inter- national, for climate change programs and activities in fiscal year 2009 and fiscal year 2010, including an accounting of expenditures by agency with each agency identifying climate change activities and associated costs by line item as presented in the President’s B udget Appendix. Presid e nt.1 1 8S t a t. 3 1 02.


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 123STA T . 2 96 2 PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 PROHIB I T IO N ON USE O F FUN D S S E C.427 . None o fth ef u n dsma dea v a il a b le unde r this Ac t ma y be distributed to the Association of C ommunity O r g ani z ations for R eform No w( ACORN ) or its subsidiaries. G U A NTANA M OBA Y DETAINEES , FUNDING RESTRICTIONS SEC. 42 8 . (a) None of the funds made available in this or any other Act may be used to release an individual who is detained, as of J une 24, 2 0 0 9, at Naval Station, G uantanamo B ay, Cuba, into the continental U nited States, Alas k a, H awaii, or the D istrict of Columbia, into any of the United States territories of Guam, American Samoa (AS), the United States V irgin I slands (USVI), the Commonwealth of P uerto Rico and the Commonwealth of the Northern M ariana Islands (CNMI). (b) None of the funds made available in this or any other Act may be used to transfer an individual who is detained, as of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, into the continental United States, Alaska, Hawaii, or the District of Columbia, into any of the United States territories of Guam, Amer - ican Samoa (AS), the United States Virgin Islands (USVI), the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands (CNMI), for the p urpose of detention, e x cept as provided in subsection (c). (c) None of the funds made available in this or any other Act may be used to transfer an individual who is detained, as of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, into the continental United States, Alaska, Hawaii, or the District of Columbia, into any of the United States territories of Guam, Amer- ican Samoa (AS), the United States Virgin Islands (USVI), the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands (CNMI), for the purposes of prosecuting such individual, or detaining such individual during legal pro- ceedings, until 4 5 days after the plan described in subsection (d) is received. (d) T he President shall submit to Congress, in classified form, a plan regarding the proposed disposition of any individual covered by subsection (c) who is detained as of June 24, 2009. Such plan shall include, at a minimum, each of the following for each such individual ( 1 ) A determination of the risk that the individual might instigate an act of terrorism within the continental United States, Alaska, Hawaii, the District of Columbia, or the United States territories if the individual were so transferred. (2) A determination of the risk that the individual might advocate, coerce, or incite violent extremism, ideologically moti- vated criminal activity, or acts of terrorism, among inmate populations at incarceration facilities within the continental United States, Alaska, Hawaii, the District of Columbia, or the United States territories if the individual were transferred to such a facility. ( 3 ) The costs associated with transferring the individual in q uestion. (4) The legal rationale and associated court demands for transfer. (5) A plan for mitigation of any risks described in para- graphs (1), (2), and (7). Presid e nt.Cla ssi f ied inf o r m ation. Plans. C ub a.


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 123STA T . 2 96 3 PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 (6)Acopy o fan o ti fication to t heG o v e r nor of the S tate to w hich the in d ivid u a l will b e tran s ferred , to the M ayor of the D istrict of C olu m bia if the individual will be transferred to the District of Columbia, or to any U nited States territories with a certification by the Attorney General of the United States in classified form at least 14 days prior to such transfer (to g ether with supporting documentation and j ustification) that the individual poses little or no security ris k to the United States . ( 7 ) An assessment of any risk to the national security of the United States or its citi z ens, including members of the Armed Services of the United States, that is posed by such transfer and the actions taken to mitigate such risk. (e) N one of the funds made available in this or any other Act may be used to transfer or release an individual detained at Naval Station, Guantanamo B ay, Cuba, as of J une 2 4,2 0 0 9, to the country of such individual ’ s nationality or last habitual residence or to any other country other than the United States or to a freely associated State, unless the P resident submits to the Congress, in classified form, at least 1 5 days prior to such transfer or release, the following information (1) T he name of any individual to be transferred or released and the country or the freely associated State to which such individual is to be transferred or released. (2) An assessment of any risk to the national security of the United States or its citizens, including members of the Armed Services of the United States, that is posed by such transfer or release and the actions taken to mitigate such risk. ( 3 ) The terms of any agreement with the country or the freely associated State for the acceptance of such individual, including the amount of any financial assistance related to such agreement. (f) I n this section, the term ‘ ‘freely associated States’’ means the F ederated States of Micronesia (FSM), the R epublic of the Marshall Islands (RMI), and the Republic of Palau. (g) Prior to the termination of detention operations at Naval Station, Guantanamo Bay, Cuba, the President shall submit to the Congress a report in classified form describing the disposition or legal status of each individual detained at the facility as of the date of enactment of this Act. JUNGODISP OS AL SI TE E V ALUATION SE C . 429. Using funds made available under this Act, the Director of the United States Geological Survey may conduct an evaluation of the a q uifers in the area of the Jungo Disposal Site in H umboldt County, Nevada (referred to in this section as the ‘‘site’’), to evaluate — (1) how long it would take waste seepage (including asbestos, discarded tires, and sludge from water treatment plants) from the site to contaminate local underground water resources (2) the distance that contamination from the site would travel in each of— (A) 95 years; and (B) 190 years; Nevad a .Pr e si de nt. Cl assi f ied inf o r m ation. R e p orts. D efinition. President. Classified information. Sub mission. Deadline. Notifi c ation. Deadline.


text: Dictionary of National Biography, 1885-1900/Moore, George (1803-1880)


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 123STA T . 2 964PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 (3)thepo te n t ial i m pa c to f e x pecte dw a s te seepa g ef r om the site on near by s u rface water resources , including R ye P atch Reser v oir and the H umboldt River ( 4 )thesi z e and elevation of the a q uifers; and ( 5 ) any impact that the waste seepage from the site would have on the municipal water resources of W innemucca, N evada .BUYO U TANDREL O C AT I ON S EC. 43 0 . (a) A s soon as practicable after the date of enactment of this Act, the Administrator of the E nvironmental Protection Agency (referred to in this section as the ‘ ‘Administrator ’ ’) is encour - aged to consider all appropriate criteria relating to the buyout and relocation of residents of properties in T reece, K ansas, that are sub j ect to ris k relating to, and that may endanger the health of occupants as a result of risks posed by, chat (as defined in section 278 . 1 (b) of title 40, C ode of F ederal Regulations (as in effect on the date of enactment of this Act)). (b) For the purpose of the remedial action under the Com- prehensive Environmental Response, Compensation, and L iability Actof1 9 80 (42 U .S.C. 9 6 01 et seq.) that includes permanent reloca- tion of residents of Treece, Kansas, any such relocation shall not be subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.). (c) Nothing in this section shall in any way affect, impede, or change the relocation or remediation activities pursuant to the Record of D ecision O perable Unit 4, Chat Piles, Other M ine and Mill Waste, and Smelter Waste, Tar Creek Superfund Site, Ottawa County, Oklahoma (OKD980629844) issued by the Environmental Protection Agency Region 6 on February 20, 2008, or any other previous Record of Decision at the Tar Creek, Oklahoma, National Priority List Site, by any Federal agency or through any funding by any Federal agency. A G RICULTURAL RE S EARC H AUTHORI Z ATION SEC. 431. Section 404(c) of the Agricultural Research, Exten- sion, and Education Reform Act of 1998 (7 U.S.C. 7624(c)) is amended — (1) in paragraph (1), by striking ‘‘Agricultural Research Service’’ and inserting ‘‘Agricultural Research Service and the Forest Service’’; and (2) by adding at the end the following ‘‘(3) AUTHORITY O F SECRETARY.—To carry out a cooperative agreement with a private entity under paragraph (1), the Sec- retary may rent to the private entity equipment, the title of which is held by the Federal G overnment.’’. NATIONAL FOREST FOUNDATION SEC. 432. Section 403(a) of the National Forest Foundation Act (16 U.S.C. 583j – 1(a)) is amended, in the first sentence, by striking ‘‘fifteen Directors’’ and inserting ‘‘not more than 30 Direc- tors’’. Kans as .


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 123STA T . 2 965PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 CABINUSERF EES S EC .43 3. Notwi t hs t and in g an y oth erp ro v ision o fl aw , none ofthef u nds m ade availa b le by this or any other Ac tmaybe used by the Secretary of Agriculture to increase a recreation resi - dence user fee for calendar year 201 0bymorethan2 5 percent of the recreation residence user fee applicable to the recreation residence for calendar year 200 9 . P R OH IBI T ION ON NO-BI D CONTRACTS SEC. 434. None of the funds appropriated or otherwise made available by this Act to e x ecutive branch agencies may be used to enter into any F ederal contract unless such contract is entered into in accordance with the re q uirements of the Federal P roperty and Administrative Service Act of 1949 ( 41 U .S. C . 253 ) or chapter 13 7 of title 10, United States Code, and the Federal Acquisition R egulations, unless (1) Federal law specifically authori z es a contract to be entered into without regard for these requirements, including formula grants for States, or federally recognized I ndian tribes or (2) such contract is authorized by the Indian Self- D eter- mination and E ducation and Assistance Act (Public L aw 93 –6 3 8, 25 U.S.C. 450 et seq., as amended) or by any other Federal laws that specifically authorize a contract within an Indian tribe as defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or (3) such contract was awarded prior to the date of enact- ment of this Act. POSTIN G OF REPORTS SEC. 435. (a) Any agency receiving funds made available in this Act, shall, sub j ect to subsections (b) and (c), post on the public website of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head of the agency that it shall serve the national interest. (b) Subsection (a) shall not apply to a report if — (1) the public posting of the report compromises national security; or (2) the report contains proprietary information. (c) T he head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days. NATIONA L CONSER V ATION AREA M AP AMENDMENT SEC. 436. Section 1971(1) of the O mnibus Public Land M anage- ment Act of 2009 (16 U.S.C. 460www note; Public Law 111–11) is amended by stri k ing ‘ ‘December 18, 2008 ’ ’ and inserting ‘‘Sep- tember 20, 2009’’. TAR CREE K SUPERFUND SITE SEC. 437. (a) IN G ENERAL.—To expedite the cleanup of the Federal land and Indian land at the Tar Creek Superfund Site (referred to in this section as the ‘‘site’’), any purchase of chat Ante,p.1075 . Web p osting .


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 123STA T . 2 96 6 PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 (asdefin edinse ct i o n 278.1 ( b) of tit l e 40,C ode of F ede r al R e gu la - tions (or a successor regulation)), fro m t h e site shall be — (1) counted at t w ice the p urchase price of the chat and (2) eligible to be counted toward meeting the federall y re q uired disad v antaged business enterprise set-aside on feder- ally funded pro j ects. (b) R ESTRIC TE DIN DI A N OW NERS.— S ubsection (a) shall only apply if the purchase of chat is made from 1 or more restricted Indian owners or an Indian tribe. (c) AP P L ICA B LE L AW.— T he use of chat acquired under sub- section (a) shall conform with applicable laws (including the regula- tions for the use of chat promulgated by the Administrator of the E nvironmental P rotection Agency). NATI O NAL ENDOW M ENT F ORT H E ARTS G RANT G U IDELINES SEC. 4 3 8. Of the funds provided to the N ational Endowment for the Arts— (1) The Chairperson shall only award a grant to an indi- vidual if such grant is awarded to such individual for a lit- erature fellowship, National H eritage Fellowship, or American J a z z M asters Fellowship. (2) The Chairperson shall establish procedures to ensure that no funding provided through a grant, e x cept a grant made to a State or local arts agency, or regional group, may be used to ma k e a grant to any other organization or individual to conduct activity independent of the direct grant recipient. Nothing in this subsection shall prohibit payments made in exchange for goods and services. (3) No grant shall be used for seasonal support to a group, unless the application is specific to the contents of the season, including identified programs and / or projects. NATIONAL ENDOWMENT FOR THE ARTS PROGRAM PRIORITIES SEC. 43 9 . (a) In providing services or awarding financial assist- ance under the National Foundation on the Arts and the Human- ities Act of 19 65 from funds appropriated under this Act, the Chairperson of the National Endowment for the Arts shall ensure that priority is given to providing services or awarding financial assistance for projects, productions, workshops, or programs that serve underserved populations. (b) In this section (1) The term ‘ ‘underserved population ’ ’ means a population of individuals, including urban minorities, who have historically been outside the purview of arts and humanities programs due to factors such as a high incidence of income below the poverty line or to geographic isolation. (2) The term ‘‘poverty line’’ means the poverty line (as defined by the Office of Management and B udget, and revised annually in accordance with section 673(2) of the Community Services Block G rant Act (42 U .S.C. 9902(2)) applicable to a family of the size involved. (c) In providing services and awarding financial assistance under the National Foundation on the Arts and Humanities Act of 1965 with funds appropriated by this Act, the Chairperson of the National Endowment for the Arts shall ensure that priority is given to providing services or awarding financial assistance for Defin i t i o n s.Pr o c e du res.


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 123STA T . 2 967PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 projects, pro du ct i o n s, w or k s h ops, or pro g r am s that wi l l encourage pu b lic knowledge, education, understanding, and appreciation o f the arts .( d )W ith funds appropriated b y this A ct to carry out section 5 of the N ational F oundation on the Arts and H umanities Act of 196 5 — (1) the C hairperson shall establish a grant category for projects, productions, workshops, or programs that are of national impact or a v ailability or are able to tour several S tates ( 2 ) the Chairperson shall not make grants e x ceeding 15 percent, in the aggregate, of such funds to any single State, excluding grants made under the authority of paragraph (1); ( 3 ) the Chairperson shall report to the Congress annually and by State, on grants awarded by the Chairperson in each grant category under section 5 of such Act; and ( 4 ) the Chairperson shall encourage the use of grants to improve and support community - based music performance and education. EN E RGYA N DW A T ER DE V E LOPM ENT, TE CH N I CAL CORRECTION SEC. 44 0 . Section 20 8 (a)(2)( E ) of the Energy and Water D evelop- ment and R elated Agencies Appropriations Act, 2010 is amended by striking ‘ ‘ $ 45,000,000 ’ ’ and inserting ‘‘$5,000,000’’. AWARD S TO F OR-PROFIT ENTITIES SEC. 441. Specific projects contained in the report of the Com- mittee on Appropriations of the House of Representatives accom- panying this Act (H. Rept. 111 – 180) that are considered congres- sional earmarks for purposes of clause 9 of rule X X I of the Rules of the House of Representatives, when intended to be awarded to a for-profit entity, shall be awarded under a full and open competition. PROHI B ITION ON U SE OF FUNDS SEC. 442. None of the funds made available for the Environ- mental P rotection Agency in this Act may be expended by the Administrator of the Environmental Protection Agency to issue a final rule that includes fuel sulfur standards applicable to existing steamships that operate exclusively within the G reat L akes, and their connecting and tributary waters. AUTHORI Z ATION FOR REFINANCING SEC. 443. T he Administrator of the Environmental Protection Agency shall allow the State of M ississippi to refinance the Clean Water State Revolving Loans made to the Hancock Water and Sewer District and the Hancock U tility Authority for a period not to exceed one year with the payment schedule amorti z ed over that additional period. INCORPORATION OF CONGRESSIONALLY RE Q UESTED PRO J ECTS SEC. 444. Within the amounts appropriated in this Act, funding shall be allocated in the amounts specified for those projects and Ante,p.285 8. Re p orts . G r an ts.


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 123STA T . 2 968PUBLIC LA W 111 – 88 —O CT. 3 0, 2009 pur p ose s d e lin e at edint h eta b le titled ‘ ‘ I n c orporation o fC on g res - sionall yR e q uested P ro j ects ’ ’ included in the joint e x planatory state- m ent of the managers accompanying this A ct , except that such funding appropriated for land acquisition, construction, and capital impro v ement and maintenance may be reallocated to other projects in that table funded by the same appropriation account if such reallocation has been approved by the H ouse and S enate Commit- tees on Appropriations and, such funding appropriated for ‘‘ N ational Par k Service — Historic Preservation F und’’ for Save America’s T reasures grants may be reallocated to be used for competitive grants under the Save America’s Treasures program if such reallocation has been approved by the House and Senate Committees on Appropriations .TI T LEV—F L AM EA C T O F 20 0 9SEC.501 .S HORT T I T L E. This title may be cited as the ‘‘Federal L and Assistance, M anagement, and E nhancement Act of 20 0 9 ’’ or ‘‘FLAME Act of 2009’’. SEC. 50 2 . F L AM E W IL D FIRE S UP PRESSIO N RESER V E FUNDS. ( a )DEFIN I T I O N S .—In this section ( 1 )FE D E RAL LAND.—The term ‘‘Federal land’’ means— (A) public land, as defined in section 10 3 of the Federal Land Policy and Management Act of 19 76 ( 4 3 U .S.C. 1702); ( B ) units of the National Park System; (C) refuges of the National W ildlife Refuge System; (D) land held in trust by the United States for the benefit of Indian tribes or members of an Indian tribe; and (E) land in the National Forest System, as defined in section 11(a) of the Forest and Rangeland Rene w able Resources Planning Act of 1974 (16 U.S.C. 1609(a)). (2) FLAME F U ND.—The term ‘‘FLAME Fund’’ means a FLAME Wildfire Suppression Reserve Fund established by sub- section (b). (3) RELE V ANT C ON G RESSIONAL CO M MITTEES.—The term ‘‘rel- evant congressional committees’’ means the Committee on Appropriations, the Committee on Natural Resources, and the Committee on Agriculture of the House of Representatives and the Committee on Appropriations, the Committee on Energy and Natural Resources, and the Committee on Indian Affairs of the Senate. (4) SECRETAR Y CONCERNED.—The term ‘‘Secretary con- cerned’’ means— (A) the Secretary of the Interior, with respect to— (i) Federal land described in subparagraphs (A), (B), (C), and (D) of paragraph (1); and (ii) the FLAME Fund established for the Depart- ment of the Interior; and (B) the Secretary of Agriculture, with respect to— (i) National Forest System land; and (ii) the FLAME Fund established for the Depart- ment of the Agriculture. 43USC17 4 8a. 43 USC 17 0 1 note . F e d e r a lL and As s i stan c e ,M ana g e m ent, and E n h ancement Act o f2 00 9.


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 123STA T . 2 96 9 PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 (b)ESTABLI S HMEN T OFFLAM EF U N D S .—Ther e is es ta b l ishe d i n the Treas u r yof the U nited S tates the follo w in g a c counts ( 1 ) The FLAME W ildfire Su p pression R eser v e Fund for the D epart m ent of the I nterior. ( 2 ) The FLAME Wildfire Suppression Reserve Fund for the Department of Agriculture. (c) P U RP OSE OF FLAME FUNDS.—The FLAME Funds shall be available to cover the costs of large or comple x wildfire events and as a reserve when amounts provided for wildfire suppression and Federal emergency response in the Wildland Fire Management appropriation accounts are exhausted. (d) FUNDIN G .— (1) C REDITS TO FUNDS.—A FLAME Fund shall consist of the following: (A) Such amounts as are appropriated to that FLAME Fund. ( B ) Such amounts as are transferred to that FLAME Fund under paragraph ( 5 ). (2) AUTHORI Z ATION OF APPROPRIATIONS.— (A) AUTHORIZATION OF APPROPRIATIONS.—There are authori z ed to be appropriated to the FLAME Funds such amounts as are necessary to carry out this section. (B) CONGRESSIONAL INTENT.—It is the intent of Con - gress that , for fiscal year 2 0 11 and each fiscal year there- after, the amounts re q uested by the President for a FLAME Fund should be not less than the amount estimated by the Secretary concerned as the amount necessary for that fiscal year for wildfire suppression activities of the Sec- retary that meet the criteria specified in subsection (e)(2)(B)(i). (C) SENSE OF C ONGRESS ON DESIGNATION OF FLAME FUND APPROPRIATIONS, SUPPLEMENTAL FUNDING RE Q UEST, AND SUPPLEMENT TO OTHER SUPPRESSION FUNDING.—It is the sense of Congress that for fiscal year 2011 and each fiscal year thereafter— (i) amounts appropriated to a FLAME Fund in excess of the amount estimated by the Secretary con- cerned as the amount necessary for that fiscal year for wildfire suppression activities of the Secretary that meet the criteria specified in subsection (e)(2)(B)(i) should be designated as amounts necessary to meet emergency needs (ii) the Secretary concerned should promptly ma k e a supplemental request for additional funds to replenish the FLAME Fund if the Secretary determines that the FLAME Fund will be exhausted within 3 0 days; and (iii) funding made available through the FLAME Fund should be used to supplement the funding other- wise appropriated to the Secretary concerned for wild- fire suppression and Federal emergency response in the Wildland Fire Management appropriation accounts. (3) A V AILABILIT Y .—Amounts in a FLAME Fund shall remain available to the Secretary concerned until expended. ( 4 ) N OTICE OF INSUFFICIENT FUNDS.—The Secretary con- cerned shall notify the relevant congressional committees if


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Page:United States Statutes at Large Volume 123.djvu/2990

 123STA T . 2 970PUBLIC LA W 111 –8 8 —O CT. 30 , 2009 theS e cr et a r y e s t im ates that onl y 60d ays w orth o f f u nds remain in the FLAME Fund administered b y that Secretary .(5)TRANSFE RA UTHO R I T Y . —I f a FLAME Fund has insuffi - cient funds , the Secretary concerned administerin g the other FLAME Fund may transfer amounts to the FLAME Fund with insufficient funds. N ot more than $1 00,000,000 may be trans- ferred from a FLAME Fund during any fiscal year under this authority. (e) U SE OF FLAME FUN D .— (1) IN G ENERA L .—Sub j ect to p aragraphs ( 2 )and( 3 ), amounts in a FLAME Fund shall be a v ailable to the Secretary concerned to transfer to the W ildland Fire Management appro- priation account of that Secretary to pay the costs of wildfire suppression activities of that Secretary that are separate from amounts for wildfire suppression activities annually appro- priated to that Secretary under the Wildland Fire Management appropriation account of that Secretary. (2) D E C LARATION RE Q UIRED.— (A) IN GENERAL.—Amounts in a FLAME Fund shall be available for transfer under paragraph (1) only after that Secretary concerned issues a declaration that a wild- fire suppression event is eligible for funding from the FLAME Fund. ( B ) DECLARATION CRITERIA.—A declaration by the Sec- retary concerned under subparagraph (A) may be issued only if— (i) in the case of an individual wildfire incident— (I) the fire covers 300 or more acres or (II) the Secretary concerned determines that the fire has re q uired an emergency Federal response based on the significant comple x ity, severity, or threat posed by the fire to human life, property, or resources; or (ii) the cumulative costs of wildfire suppression and Federal emergency response activities for the Sec- retary concerned will exceed, within 30 days, all of the amounts previously appropriated (including amounts appropriated under an emergency designa- tion, but excluding amounts appropriated to the FLAME Fund) to the Secretary concerned for wildfire suppression and Federal emergency response. (3) STATE, P RI V ATE, AND TRI B AL LAND.—Use of a FLAME Fund for emergency wildfire suppression activities on State land, private land, and tribal land shall be consistent with any existing agreements in which the Secretary concerned has agreed to assume responsibility for wildfire suppression activi- ties on the land. (f) TREAT M ENT OF ANTICIPATED AND P REDICTED ACTIVITIES.— For fiscal year 2011 and subsequent fiscal years, the Secretary concerned shall request funds within the Wildland Fire Manage- ment appropriation account of that Secretary for regular wildfire suppression activities that do not meet the criteria specified in subsection (e)(2)(B)(i). (g) PROHIBITION ON O THER TRANSFERS.—The Secretary con- cerned may not transfer funds from non-fire accounts to the Wildland Fire Management appropriation account of that Secretary unless amounts in the FLAME Fund of that Secretary and any Deadlin e .