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Page:United States Statutes at Large Volume 123.djvu/742

 123STA T .7 22 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9to ot herF e d er al a g e nci e sf or destr u ction of v ehicles , aircraft, or other e q ui pm ent in connection w ith their use for wildland fire operations, such reim b ursement to be credited to appropriations currentl y available at the time of receipt thereof
 * Provide

d fu r th er, T hat for wildland fire operations, no funds shall be made available under this authority until the S ecretary determines that funds appropriated for ‘ ‘wildland fire operations ’ ’ shallbee x hausted within 30 days: Provided further, That all funds used pursuant to this section must be replenished by a supplemental appropriation which must be requested as promptly as possible: Provided further, That such replenishment funds shall be used to reimburse, on a pro rata basis, accounts from which emergency funds were trans - ferred . S EC. 1 03. A ppropriations made to the D epartment of the I nterior in this title shall be available for services as authori z ed by 5U .S. C . 310 9, when authorized by the Secretary, in total amount not to exceed $ 500,000 purchase and replacement of motor vehicles, including specially equipped law enforcement vehicles; hire, mainte- nance, and operation of aircraft; hire of passenger motor vehicles; purchase of reprints; payment for telephone service in private resi- dences in the field, when authorized under regulations approved by the Secretary; and the payment of dues, when authorized by the Secretary, for library membership in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members. SEC. 10 4 . Appropriations made in this Act under the headings B ureau of Indian Affairs and O ffice of the Special Trustee for American Indians and any unobligated balances from prior appro- priations Acts made under the same headings shall be available for expenditure or transfer for Indian trust management and reform activities. Total funding for historical accounting activities shall not exceed amounts specifically designated in this Act for such purpose. SEC. 105. N otwithstanding any other provision of law, the Secretary of the Interior is authorized to redistribute any Tribal P riority Allocation funds, including tribal base funds, to alleviate tribal funding inequities by transferring funds to address identified, unmet needs, dual enrollment, overlapping service areas or inac- curate distribution methodologies. No tribe shall receive a reduction in Tribal Priority Allocation funds of more than 10 percent in fiscal year 2 009. Under circumstances of dual enrollment, overlap- ping service areas or inaccurate distribution methodologies, the 10 percent limitation does not apply. SEC. 10 6 . Notwithstanding any other provision of law, in con- veying the Twin Cities R esearch Center under the authority pro- vided by Public L aw 104 – 134, as amended by Public Law 104– 20 8, the Secretary may accept and retain land and other forms of reimbursement: Provided , That the Secretary may retain and use any such reimbursement until expended and without further appropriation: ( 1 ) for the benefit of the National W ildlife Refuge System within the State of M innesota; and (2) for all activities authorized by 16 U.S.C. 460zz. SEC. 10 7 . The Secretary of the Interior may use discretionary funds to pay private attorney fees and costs for employees and former employees of the Department of the Interior reasonably incurred in connection with Cobell v. K empthorne to the extent that such fees and costs are not paid by the Department of J ustice Det e rmina ti o n .


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Page:United States Statutes at Large Volume 123.djvu/743

 123STA T .7 23 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9orbyp r ivate i nsu ran c e .I nnocases h a l l the S ecretary m a k e pay - ments un d er this section that w ould result in payment o f hourly fees in e x cess of the hi g hest hourly rate approved by the D istrict C ourt for the District of Columbia for counsel in Cobell v. K empthorne. S EC . 108 . T he U nited States F ish and W ildlife Service shall , in carrying out its responsibilities to protect threatened and endan- gered species of salmon, implement a system of mass marking of salmonid stocks, intended for harvest, that are released from federally operated or federally financed hatcheries including but not limited to fish releases of coho, chinook, and steelhead species. M arked fish must have a visible mark that can be readily identified by commercial and recreational fishers. SEC. 10 9 . N o funds appropriated for the Department of the Interior by this A ct or any other Act shall be used to study or implement any plan to drain L ake P owell or to reduce the water level of the lake below the range of water levels re q uired for the operation of the G len Canyon Dam. SEC. 110. Notwithstanding any other provision of law, the Secretary of the Interior is authori z ed to acquire lands, waters, or interests therein including the use of all or part of any pier, dock, or landing within the State of New Y ork and the State of New J ersey, for the purpose of operating and maintaining facili- ties in the support of transportation and accommodation of visitors to E llis, Governors, and Liberty Islands, and of other program and administrative activities, by donation or with appropriated funds, including franchise fees ( and other monetary consideration ) , or by exchange and the Secretary is authorized to negotiate and enter into leases, subleases, concession contracts or other agree- ments for the use of such facilities on such terms and conditions as the Secretary may determine reasonable. SEC. 111. Title 43 U.S.C. 14 7 3, as amended by Public Law 110 – 1 6 1, is further amended by deleting the phrase ‘ ‘in fiscal year 2 008 only ’ ’ and inserting in lieu thereof ‘‘in fiscal years 2008 and 2009 only’’. SEC. 112. No funds appropriated or otherwise made available to the Department of the Interior may be used, in relation to any proposal to store water for the purpose of export, for approval of any right-of-way or similar authorization on the Mo j ave National Preserve or lands managed by the Needles Field O ffice of the B ureau of Land Management, or for carrying out any activities associated with such right-of-way or similar approval. SEC. 113. The Secretary of the Interior may enter into coopera- tive agreements with a State or political subdivision (including any agency thereof), or any not-for-profit organization if the agree- ment will (1) serve a mutual interest of the parties to the agreement in carrying out the programs administered by the Department of the Interior; and (2) all parties will contribute resources to the accomplishment of these objectives. At the discretion of the Secretary, such agreements shall not be subject to a competitive process. SEC. 114. Funds provided in this Act for Federal land acquisi- tion by the National Park Service for Shenandoah V alley Battle- fields National H istoric District and Ice Age National Scenic Trail may be used for a grant to a State, a local government, or any other land management entity for the acquisition of lands without regard to any restriction on the use of Federal land acquisition NewYork. New J er s e y . C o nt r ac ts. S a lm on.

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Page:United States Statutes at Large Volume 123.djvu/744

 123STA T .7 2 4PUBLIC LA W 111 –8—M A R .11, 2 0 0 9fundsprovi d e d th rou g h the La nd and W ater C onservation F und Ac tof 1965 asa m ended .SEC . 115. Sections 1 0 9 and 110 of the Federa lO il and G as R o y alty M anagement Act (3 0 U .S.C. 1 7 19 and 17 2 0 ) shall apply to any lease authori z ing e x ploration for or development of coal , any other solid mineral, or any geothermal resource on any Federal or I ndian lands and any lease, easement, right of w ay, or other agreement, regardless of form, for use of the Outer Continental Shelf or any of its resources under sections 8 ( k )or8(p) of the Outer Continental Shelf Lands Act ( 4 3 U.S.C. 1337(k) and 1337(p)) to the same extent as if such lease, easement, right of way, or other agreement, regardless of form, were an oil and gas lease, except that in such cases the term ‘ ‘royalty payment ’ ’ shall include any payment re q uired b y such lease, easement, right of way or other agreement, regardless of form, or by applicable regulation. SEC. 116. T he P ittsford N ational Fish H atchery in Chittenden, V ermont is hereby renamed the D wight D. E isenhower National Fish Hatchery. SEC. 117. Section 6 of the Great Sand Dunes National Park and Preserve Act of 2000 (16 U.S.C. 410hhh – 4) is amended — (1) in subsection (a)— (A) by striking ‘‘(a) E STABLI S HM E N T.—(1) When’’ and inserting the following ‘‘(a) ESTABLISHMENT AN D P URPO SE.— ‘‘(1) ESTABLISHMENT.— ‘‘(A) IN G ENERAL.—When’’ ( B ) in paragraph (2), by striking ‘‘(2) Such establish - ment’’ and inserting the following: ‘‘(B) E F FECTI V E DATE.—The establishment of the refuge under subparagraph (A)’’; and (C) by adding at the end the following: ‘‘(2) PURPOSE.—The purpose of the Baca National Wildlife Refuge shall be to restore, enhance, and maintain wetland, upland, riparian, and other habitats for native wildlife, plant, and fish species in the San Luis Valley.’’; (2) in subsection (c)— (A) by striking ‘‘The Secretary’’ and inserting the fol- lowing: ‘‘(1) IN GENERAL.—The Secretary’’; and (B) by adding at the end the following: ‘‘(2) RE Q UIREMENTS.—In administering the Baca National Wildlife Refuge, the Secretary shall, to the maximum extent practicable— ‘‘(A) emphasize migratory bird conservation; and ‘‘(B) take into consideration the role of the Refuge in broader landscape conservation efforts.’’; and (3) in subsection (d)— (A) in paragraph (1), by striking ‘‘and’’ at the end; (B) in paragraph (2), by striking the period at the end and inserting ‘‘; and’’; and (C) by adding at the end the following: ‘‘(3) sub j ect to any agreement in existence as of the date of enactment of this paragraph, and to the extent consistent with the purposes of the Refuge, use decreed water rights on the Refuge in approximately the same manner that the water rights have been used historically.’’. Fed e ralbui ldi ngs and gr o unds .16USC7 6 0–4 no t e. Ap pli c abilit y .


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Page:United States Statutes at Large Volume 123.djvu/745

 123STA T .7 2 5PUBLIC LA W 111 –8—M A R .11, 2 0 0 9SEC.1 1 8 . None o fth ef u n dsi n this Ac t mayb eusedtofu r ther reduce the number of A x is or F a l lo w deer at P oint R eyes National Seashore below the number as of the date of enactment of this Act. TI T LE II EN V IR O N M ENTAL PROTE C TION A G ENC Y SC I E N CE A N D TEC H N OL O GY For science and technolo g y , including research and de v elo p ment activities, which shall include research and development activities under the Comprehensive Environmental Response, Compensation, and Liability Act of 1 9 8 0, as amended necessary expenses for personnel and related costs and travel expenses; procurement of laboratory e q uipment and supplies; and other operating expenses in support of research and development, $7 90,0 5 1,000, to remain available until September 3 0, 2 010. EN V I R ON M EN T AL PROGRAM S AND MANAGEMENT For environmental programs and management, including nec - essary expenses, not otherwise provided for, for personnel and related costs and travel expenses; hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; purchase of reprints; library memberships in societies or associations which issue publica- tions to members only or at a price to members lower than to subscribers who are not members; administrative costs of the brownfields program under the Small B usiness Liability Relief and Brownfields Revitali z ation Act of 2002; and not to exceed $19,000 for official reception and representation expenses, $2,392,079,000, to remain available until September 30, 2010
 * Provide

d , That of the funds included under this heading, not less than $95,8 46 ,000 shall be for the Geographic Programs specified in the explanatory statement described in section 4 ( in the matter preceding division A of this consolidated Act ) . O F FICE OF INS P ECTOR GENERAL For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $44,791,000, to remain available until September 30, 2010. B U ILDINGS AND FACILITIES For construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of, or for use by, the Environmental Protection Agency, $35,001,000, to remain avail- able until expended. H A Z ARDOUS SU B STANCE SUPERFUND ( INCLUDING TRANSFERS OF FUNDS ) For necessary expenses to carry out the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, including sections 111(c)(3), (c)(5), (c)(6),


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Page:United States Statutes at Large Volume 123.djvu/746

 123STA T .7 2 6PUBLIC LA W 111 –8—M A R .11, 2 0 0 9and(e) ( 4 )(4 2U.S . C . 961 1) $ 1, 2 85 , 0 24,000, tor e m a i na v ai l a b le u ntil e xp ended, c on s istin g o f suc h sums as are available in the T rust F und on September 3 0, 2008, as authori z edb y section 51 7 (a) of the Superfund A mendments and R eauthorization Act of 1986 (SARA) and up to $1,285,024,000 as a payment from general reve - nues to the H azardous Substance Superfund for purposes as author- ized by section 517(b) of SARA, as amended
 * Provide

d, That funds appropriated under this heading may be allocated to other Federal agencies in accordance w ith section 111(a) of C E RC L A: Provided fu r th er, That of the funds appropriated under this heading, $9,975,000 shall be paid to the ‘ ‘ O ffice of I nspector G eneral ’ ’ appro- priation to remain available until September 30, 2010, and $26,417,000 shall be paid to the ‘‘Science and Technology’’ appro- priation to remain available until September 30, 2010. L EAKING UN D E R GR OU NDS T ORAGE TANK TRU S T FUND P ROGRA M For necessary expenses to carry out lea k ing underground stor- age tank cleanup activities authorized by subtitle I of the Solid W aste D isposal Act, as amended, $112,577,000, to remain available until expended, of which $77,077,000 shall be for carrying out leaking underground storage tank cleanup activities authorized by section 9003(h) of the Solid Waste Disposal Act, as amended $35,500,000 shall be for carrying out the other provisions of the Solid Waste Disposal Act specified in section 9508(c) of the Internal Revenue Code, as amended: Provided, That the Administrator is authorized to use appropriations made available under this heading to implement section 9013 of the Solid Waste Disposal Act to provide financial assistance to federally recognized Indian tribes for the development and implementation of programs to manage underground storage tanks. OI L S P ILL RESPONSE For expenses necessary to carry out the Environmental Protec- tion Agency’s responsibilities under the Oil Pollution Act of 1990, $17,687,000, to be derived from the Oil Spill Liability trust fund, to remain available until expended. STATE AND TRI B AL ASSISTAN C E GRANTS For environmental programs and infrastructure assistance, including capitalization grants for State revolving funds and performance partnership grants, $2,968,464,000, to remain avail- able until expended, of which $689,080,000 shall be for making capitalization grants for the Clean Water State Revolving Funds under title V I of the Federal Water Pollution Control Act, as amended (the ‘‘Act’’); of which up to $75,000,000 shall be available for loans, including interest free loans as authorized by 33 U.S.C. 1383(d)(1)(A), to municipal, inter-municipal, interstate, or State agencies or nonprofit entities for pro j ects that provide treatment for or that minimize sewage or stormwater discharges using one or more approaches which include, but are not limited to, decentral- ized or distributed stormwater controls, decentralized wastewater treatment, low-impact development practices, conservation ease- ments, stream buffers, or wetlands restoration; $829,029,000 shall be for capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act, as


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Page:United States Statutes at Large Volume 123.djvu/747

 123STA T .7 27 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9amend ed 000,000 sh a l l b e for ar c h it ect u ral, en g ineering, p lan - ning, design, construction and related acti v ities in connection w ith the construction of high priorit y water and wastewater facilities in the area of the U nited S tates- M e x ico B order, after consultation with the appropriate border commission; $ 18, 5 00,000 shall be for grants to the State of A las k a to address drinking water and waste infrastructure needs of rural and Alaska N ative V illages
 * $20,
 * Provide

d ,T hat, of these funds: ( 1 ) the State of Alaska shall provide a match of 25 percent; (2) no more than 5 percent of the funds may be used for administrative and overhead expenses; and ( 3 ) the State of Alaska shall make awards consistent with the State-wide priority list established in con j unction with the Agency and the U. S. D epart- ment of Agriculture for all water, sewer, waste disposal, and similar projects carried out by the State of Alaska that are funded under section 221 of the F ederal W ater P ollution C ontrol Act (33 U.S.C. 1301) or the Consolidated Farm and R ural Development Act ( 7 U.S.C. 1 9 21etse q .) which shall allocate not less than 25 percent of the funds provided for projects in regional hub communities; $1 4 5,000,000 shall be for making special project grants for the construction of drinking water, wastewater and storm water infra- structure and for water quality protection in accordance with the terms and conditions specified for such grants in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), and, for purposes of these grants, each grantee shall contribute not less than 45 percent of the cost of the project unless the grantee is approved for a waiver by the Agency; $97,000,000 shall be to carry out section 104(k) of the Comprehensive E nvironmental Response, Compensation, and L iability Act of 1980 (CERCLA), as amended, including grants, interagency agreements, and associated program support costs; $ 6 0,000,000 shall be for grants under title V I I, subtitle G of the Energy Policy Act of 2005, as amended; $15,000,000 shall be for grants for cost-effective emission reduction projects in accordance with the terms and conditions of the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act); and $1,094,855,000 shall be for grants, including associated program support costs, to States, federally recogni z ed tribes, interstate agencies, tribal consortia, and air pollution control agencies for multi-media or single media pollution prevention, con- trol and abatement and related activities, including activities pursu- ant to the provisions set forth under this heading in Public Law 104 – 134, and for making grants under section 103 of the Clean Air Act for particulate matter monitoring and data collection activi- ties subject to terms and conditions specified by the Administrator, of which $49,495,000 shall be for carrying out section 128 of CERCLA, as amended, $10,000,000 shall be for Environmental Information Exchange Network grants, including associated pro- gram support costs, $18,500,000 of the funds available for grants under section 106 of the Act shall be for water quality monitoring activities, $10,000,000 shall be for competitive grants to commu- nities to develop plans and demonstrate and implement projects which reduce greenhouse gas emissions, and, in addition to funds appropriated under the heading ‘ ‘Leaking Underground Storage Tank Trust Fund Program ’ ’ to carry out the provisions of the Solid Waste Disposal Act specified in section 9508(c) of the Internal Revenue Code other than section 9003(h) of the Solid Waste Dis- posal Act, as amended, $2,500,000 shall be for grants to States Alask a .


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Page:United States Statutes at Large Volume 123.djvu/748

 123STA T .7 2 8PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9unders e ctio n 20 0 7(f) (2)oft h e S o l id Wa ste D is p osal A ct , as a m ended
 * Provide

d fu r th er ,T hat not w ithstandin g section 6 0 3 (d)(7) of the F ederal Water P ollution C ontrol Act, the limitation on the amounts in a State water pollution control re v olving fund that ma yb e used by a State to administer the fund shall not apply to amounts included as principal in loans made by such fund in fiscal year 200 9 and prior years where such amounts represent costs of administering the fund to the e x tent that such amounts are or were deemed reasonable by the Administrator, accounted for separately from other assets in the fund, and used for eligible purposes of the fund, including administration: Provided further, That for fiscal year 2009, and notwithstanding section 518 (f) of the Act, the Administrator is authori z ed to use the amounts appro - priated for any fiscal year under section 319 of that Act to ma k e grants to federally recognized I ndian tribes pursuant to sections 319(h) and 518(e) of that Act: Provided further, That for fiscal year 2009, notwithstanding the limitation on amounts in section 518(c) of the Act, up to a total of 1 1⁄2 percent of the funds appro- priated for State R evolving Funds under title V I of that Act may be reserved by the Administrator for grants under section 518(c) of that Act: Provided further, That no funds provided by this appro- priations Act to address the water, wastewater and other critical infrastructure needs of the colonias in the U nited States along the United States- M exico border shall be made available to a county or municipal government unless that government has established an enforceable local ordinance, or other zoning rule, which prevents in that j urisdiction the development or construction of any addi- tional colonia areas, or the development within an existing colonia the construction of any new home, business, or other structure which lacks water, wastewater, or other necessary infrastructure . A DMIN I STRA TI VE PR O VISIONS, E NVIRONMENTA L PROTE C TION A G ENC Y( INCL U DING RESCISSION O F FUNDS ) For fiscal year 2009, notwithstanding 31 U.S.C. 6303(1) and 6305(1), the Administrator of the Environmental Protection Agency, in carrying out the Agency ’ s function to implement directly Federal environmental programs re q uired or authorized by law in the absence of an acceptable tribal program, may award cooperative agreements to federally recognized Indian Tribes or Intertribal con- sortia, if authorized by their member Tribes, to assist the Adminis- trator in implementing Federal environmental programs for Indian Tribes required or authorized by law, except that no such coopera- tive agreements may be awarded from funds designated for State financial assistance agreements. The Administrator of the Environmental Protection Agency is authorized to collect and obligate pesticide registration service fees in accordance with section 33 of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended by Public L aw 110 – 9 4, the Pes- ticide Registration Improvement Renewal Act. For fiscal year 2009 and thereafter, the Science and Technology and Environmental Programs and Management Accounts are avail- able for uniforms, or allowances therefore, as authorized by 5 U.S.C. 5901–02 and for services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the daily equivalent of the rate paid for level IV of the Executive Schedule. Unless specifically authorized by law, for fiscal year 2009 and thereafter, none of 42USC 4 370g.Fe e s.


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Page:United States Statutes at Large Volume 123.djvu/749

 123STA T .7 2 9PUBLIC LA W 111 –8—M A R .11, 2 0 09 thefundsav a il a b le unde r this title f o r g rants m a y be used to p ay for the salaries of individual c onsultants at more than the daily e q uivalent of the rate paid for level IV of the Ex ecutive S chedule .N one of the funds made available by this A ct may be used in contravention of , or to delay the implementation of, Executive O rder No. 1289 8of F ebruary 11, 199 4(5 9 Fed. R eg. 76 29 relating to Federal actions to address environmental j ustice in minority populations and lo w- income populations ) . T itle II of P ublic L aw1 0 9 – 54, under the heading Administrative Provisions, is amended in the fourth paragraph, stri k e ‘ ‘make not to exceed five appointments in any fiscal year under the authority provided in 42 U .S. C. 209 for the Office of Research and D evelop- ment ’ ’ and insert ‘‘employ up to thirty persons at any one time in the Office of Research and Development under the authority provided in 42 U.S.C. 209’’. From unobligated balances to carry out projects and activities funded through the State and Tribal Assistance G rants Account, $ 10,000,000 are permanently rescinded. Of the funds provided in the Environmental Programs and M anagement Account, not less than $6,500,000 shall be used for activities to develop and publish a final rule not later than J une 26, 2009, and to begin implementation, to require mandatory reporting of greenhouse gas emissions above appropriate thresholds in all sectors of the economy of the United States, as required by Public Law 110–161. For fiscal year 2009 and thereafter, the Science and Technology, Environmental Programs and Management, Office of Inspector Gen- eral, H a z ardous Substance Superfund, and Leaking Underground Storage Tank Trust Fund Program Accounts, are available for the construction, alteration, repair, rehabilitation, and renovation of facilities provided that the cost does not exceed $85,000 per project. TITLE III RELATED AGENCIES DEPARTMENT OF AGRICULTURE F OREST SER VIC E F OREST AND RAN G E L AND RESEARC H For necessary expenses of forest and rangeland research as authorized by law, $296, 3 80,000, to remain available until expended: Provide d , That of the funds provided, $60,770,000 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, $265,861,000, to remain available until expended, as authorized 42USC 4 370h.Publicat i on . Reg ulation s . D ea d line. Gr eenhouse gas e m issions. 1 1 9 Stat. 5 31.


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Page:United States Statutes at Large Volume 123.djvu/750

 123STA T .7 3 0PUBLIC LA W 111 –8—M A R .11, 200 9bylaw; a ndof w hic h $49, 44 5, 0 00i st ob e de r i v ed fro m the L and and W ater C onservation Fu nd .NATIO NA LF O RES TS Y STE M( IN C L UD IN G RESCISSION OF FUNDS ) For necessary e xp enses of the Forest S ervice, not otherwise provided for, for mana g ement, protection, improvement, and utili z a - tion of the N ational Forest System, $ 1 ,514, 8 05,000, 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 A ctof19 6 5, as amended, in accord- ance with section 4 of the Act ( 16 U .S.C. 460l – 6a(i ) )
 * Provide

d ,T hat of the unobligated balances in this account, $5,000,000 are rescinded. CA P ITAL IMPRO V EMENT AND MAINTENANCE (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the Forest Service, not otherwise provided for, $495, 3 93,000, 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. 53 2 –538 and 23 U.S.C. 101 and 205: Provided, That $50,000,000 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 up to $40,000,000 of the funds provided herein for road maintenance 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 further, That the decommissioning of unauthorized roads not part of the official transportation system shall be expedited in response to threats to public safety, water quality, or natural resources: Provided fur- ther, That funds becoming available in fiscal year 2009 under the Act of M arch 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 appro- priated. LAND AC Q UISITION For expenses necessary to carry out the provisions of the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through 11), including administrative expenses, and for acquisition of land or waters, or interest therein, in accordance with statutory authority applicable to the Forest Service, $49, 7 75,000, to be derived from the Land and Water Conservation Fund and to remain available until expended. Roads.N o tice . Publ ic co m me n t.


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Page:United States Statutes at Large Volume 123.djvu/751

 123STA T .7 31 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9ACQUIS I T I ON O FL AN D SFO R NATIONAL FOR E STS S P ECIAL ACTS Foracquis i t io n o fl an d s w it h in th e e x terior b oundaries of the C ache ,U inta, and W asatch N ational Forests, Utah the T oi y abe National Forest, Ne v ada; and the A n g eles, S an B ernardino, Sequoia, and Cleveland National Forests, California, as authori z ed by law, $1, 05 0,000, to be derived fro m forest recei p ts . ACQUISITION OF LANDS TO CO M PLETE LAND E X C H AN G ES For acquisition of lands, such sums, to be derived from funds deposited by State, county, or municipal governments, public school districts, or other public school authorities, and for authorized expenditures from funds deposited by non - Federal parties pursuant to L and Sale and E xchange Acts, pursuant to the Act of D ecember 4 ,1 967, as amended ( 16 U.S.C. 4 8 4a ) , to remain available until expended. (16 U.S.C. 4601 – 516–617a, 555a; P ublic Law 96–586; Public Law 76–589, 76–591; and 78– 3 10). RANGE 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 National Forests in the 16 Western States, pursuant to section 401(b)(1) of Public Law 94–579, as amended, to remain available until expended, of which not to exceed 6 percent shall be available for administrative expenses associated with on-the-ground range rehabilitation, protection, and improvements. GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH For expenses authorized by 16 U.S.C. 1643(b), $50,000, to remain available until expended, to be derived from the fund 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), $5,000,000, 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 ,131,630,000, to remain available until expended
 * Provide

d , That 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


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Page:United States Statutes at Large Volume 123.djvu/752

 123STA T .7 32 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9ext e n t suchr e imb ursements b y the Fo rest S er v ice f or non - fire emer- g encies a re fu l ly re p ai d by the responsible emergency management agency
 * Provide

d fu r th er ,T hat , not w ithstanding any other provision of law, $8, 0 00,000 of funds appropriated under this appropriation shall be used for Fire Science R esearch in support of the J oint Fire Science P rogram: Provided further, That all authorities for the use of funds, including the use of contracts, grants, and coopera- tive agreements, available to execute the Forest and Rangeland Research appropriation, are also available in the utili z ation of these funds for Fire Science Research: Provided further, That funds pro- vided shall be available for emergency rehabilitation and restora- tion, hazardous fuels reduction activities in the urban-wildland interface, support to Federal emergency response, and wildfire suppression activities of the Forest Service: Provided further, That of the funds provided, $ 32 8,08 6 ,000 is for hazardous fuels reduction activities, $ 1 1, 5 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 . ) , $55,000,000 is for State fire assistance, $9,000,000 is for volunteer fire assistance, $17,252,000 is for forest health activities on Federal lands and $9,928,000 is for forest health activities on State and private lands: Provided further, That amounts in this paragraph may be transferred to the ‘ ‘State and Private Forestry ’ ’, ‘‘ 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 Joint Fire Science Program, vegetation and watershed management, heritage site rehabilitation, and wildlife and fish habitat management and res- toration: Provided further, That up to $15,000,000 of the funds provided under this heading for hazardous fuels treatments may be transferred to and made a part of the ‘‘National Forest System’’ account at the sole discretion of the Chief of the Forest Service 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 in addition to funds provided for State Fire Assistance programs, and sub j ect to all authorities available to the Forest Service under the State and Private Forestry Appropriation, up to $15,000,000 may be used on adjacent non-Federal lands for the purpose of protecting commu- nities when hazard reduction activities are planned on national forest lands that have the potential to place such communities at risk: Provided further, That funds made available to implement the Community Forest Restoration Act, Public L aw 106 – 393, title VI , shall be available for use on non-Federal lands in accordance with authorities available to the Forest Service under the State and Private Forestry Appropriation: Provided further, That the Secretary of the Interior and the Secretary of Agriculture may authorize the transfer of funds appropriated for wildland fire management, in an aggregate amount not to exceed $10,000,000, 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 Service under 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/753

 123STA T .7 33 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9theS t a tea ndPriv ate Fo re s tr y a p propriation ,f orthep u rpose of c reatin 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 suppres - sion shall be assessed for cost pools on the same basis as such assessments are calculated against other agency programs .ADMIN I STR ATI VEP R O VISIONS, F OREST SERVI C E A ppropriations 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 e x cess 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. 222 5, and not to exceed $ 1 0 0,000 for employment under 5 U.S.C. 3 10 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 V olunteers 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 W ildland Fire M anagement 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 upon notification of the H ouse and Senate Committees on Appropriations and if and only if all previously appropriated emergency contingent funds under the heading ‘ ‘Wildland Fire Management ’ ’ have been released by the President and apportioned and all wildfire suppression funds under the heading ‘‘Wildland Fire Management’’ are obligated. 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. None of the funds made available to the Forest Service in this Act or any other Act with respect to any fiscal year shall be subject to transfer under the provisions of section 702(b) of the Department of Agriculture O rganic Act of 1944 (7 U.S.C. 2257), section 442 of Public L aw 106–224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107–107 (7 U.S.C. 8316(b)). None of the funds available to the Forest Service may be reprogrammed without the advance approval of the House and Senate Committees on Appropriations in accordance with the re- programming procedures contained in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act). Not more than $73,285,000 of funds available to the Forest Service shall be transferred to the Wor k ing Capital Fund of the 16USC5 56 i.
 * (3) pur-


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Page:United States Statutes at Large Volume 123.djvu/754

 123STA T .7 3 4PUBLIC LA W 111 –8—M A R .11, 2 0 0 9Departm e n t ofAg r icul ture an d not more t h an $19,40 0,000 of fund s a v aila b le to the F orest S ervice shall be transferred to the Depart - ment of Agriculture for Department R eimbursable P rograms, com- monl y referred to as G reenboo k charges .N othing 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 C enter. Funds available to the Forest Service shall be available to conduct a program of up to $ 5 ,000,000 for priority pro j ects w ithin 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 L ands Corps H ealthy Forests Restoration Act of 2005, Public Law 109 – 154. O f the funds available to the Forest Service, $4,000 is available to the Chief of the Forest Service for official reception and represen- tation e x penses. Pursuant to sections 405 ( b ) and 410(b) of Public Law 101– 59 3, 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 administrative expenses or 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 U nited States or in obligations guaranteed as to both principal and interest by the United States. Pursuant to section 2(b)(2) of Public Law 9 8 –244, $3,000,000 of the funds available to the Forest Service shall be advanced to the National Fish and W ildlife 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. Funds appropriated to the Forest Service shall be available for interactions with and providing technical assistance to rural communities and natural resource-based businesses for sustainable rural development purposes. Funds appropriated to the Forest Service shall be available for payments to counties within the Columbia River Gorge National Scenic Area, pursuant to section 14(c)(1) and (2), and section 1 6 (a)(2) of Public Law 99–663. An eligible individual who is employed in any project funded under title V of the Older American Act of 1965 (42 U.S.C. 3056 et seq.) and administered by the Forest Service shall be considered to be a Federal employee for purposes of chapter 1 7 1 of title 28, United States Code.


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Page:United States Statutes at Large Volume 123.djvu/755

 123STA T .7 3 5PUBLIC LA W 111 –8—M A R .11, 2 0 0 9Anyfu n dsap p ro pr i a te dtot h e F orest S er v i c e m ay b e used to meet the non - Federa l share re q uirement in section 502( c ) of the O lder American Act of 196 5( 4 2 U. S. C . 3 056(c)(2)). Funds available to the Forest Service , nottoe x ceed $ 50,000,000, shall be assessed for the purpose of performin g facili- ties 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. N ot w ithstanding 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 G eneral 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 j ustifications for both the Forest Service and the Department of Agriculture should clearly display the sums previously transferred and the requested funding transfers. D EP A RTM ENT OF H EA L TH AND HUMAN SER VI CES 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 (6 8 Stat. 6 7 4), 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, $3,190,956,000, 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: Provided fu r th er, That $634,477,000 for contract medical care, including $31,000,000 for the Indian Catastrophic Health Emer- gency Fund, shall remain available until expended: Provided fur - ther, That no less than $36,189,000 is provided for maintaining operations of the urban Indian health program: Provided further, That of the funds provided, up to $32,000,000 shall remain available until expended for implementation of the loan repayment program under section 108 of the Indian Health Care Improvement Act: Provided further, That $16,391,000 is provided for the methamphet- amine and suicide prevention and treatment initiative and $7,500,000 is provided for the domestic violence prevention initiative and, notwithstanding any other provision of law, the amounts avail- able under this proviso shall be allocated at the discretion of the Director of the Indian Health Service and shall remain available until expended: Provided further, That funds provided in this Act may be used for one-year contracts and grants which are to be performed in two fiscal years, so long as the total obligation is recorded in the year for which the funds are appropriated: Provided further, That the amounts collected by the Secretary of Health and Human Services under the authority of title IV of the Indian


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Page:United States Statutes at Large Volume 123.djvu/756

 123STA T .7 3 6PUBLIC LA W 111 –8—M A R .11, 2 0 0 9HealthC a r e Imp r ov eme n t Ac t s hall rema i n availa b le u ntil e x pen d ed f or the purpose of achievin g compliance w ith the applicable conditions and re q uirements of titles XV III and XIX of the S ocial Securit y Act ( exclusive of planning, design, or construc - tion of new facilities ):Provide d fu r th er, T hat funding contained herein, and in any earlier appropriations Acts for scholarship pro- grams under the Indian Health Care Improvement Act ( 25U. S.C. 16 1 3 ) shall remain available 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, notwith- standing any other provision of law, of the amounts provided herein, not to exceed $ 2 8 2,3 9 8, 0 00 shall be for payments to tribes and tribal organizations for contract or grant support costs associated with contracts, grants, self-governance compacts, or annual funding agreements between the Indian Health Service and a tribe or tribal organization pursuant to the Indian Self- D etermination Act of 19 7 5, as amended, prior to or during fiscal year 2009, of which not to exceed $5,000,000 may be used for contract support costs associ- ated with new or expanded self-determination contracts, grants, self-governance compacts, 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 information relating to disabled children as may be necessary for the purpose of carrying out its functions under the Individuals with Disabilities E ducation Act (20 U.S.C. 1 4 00, et seq.): Provided further, That the Indian Health Care Improve- ment F und may be used, as needed, to carry out activities typically funded under the Indian Health Facilities account. IND I A N HE A LT H F A C ILITIE S For construction, repair, maintenance, improvement, and equip- ment of health and related auxiliary facilities, including quarters for personnel preparation of plans, specifications, and drawings; acquisition of sites, purchase and erection of modular buildings, and purchases of trailers; and for provision of domestic and commu- nity sanitation facilities for Indians, as authorized by section 7 of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self- Determination Act, and the Indian Health Care Improvement Act, and for expenses necessary to carry out such Acts and titles II and III of the Public Health Service Act with respect to environ- mental health and facilities support activities of the Indian Health Service, $390,168,000, to remain available until expended: Provided, That notwithstanding any other provision of law, funds appro- priated for the planning, design, construction or renovation of health facilities for the benefit of an Indian tribe or tribes may be used to purchase land for sites to construct, improve, or enlarge health or related facilities: Provided further, That not to exceed $500,000 shall be used by the Indian Health Service to purchase T R A N SA M equipment from the Department of Defense for distribution to the Indian Health Service and tribal facilities: Provided further, That none of the funds appropriated to the Indian Health Service may be used for sanitation facilities construction for new homes funded with grants by the housing programs of the United States Depart- ment of Housing and Urban Development: Provided further, That


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Page:United States Statutes at Large Volume 123.djvu/757

 123STA T .7 37 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9not to exc ee d$2,70 0,000 fr o m t hisa cco u nt and the ‘ ‘ I ndian H ea l th S er v ices ’ ’ account shall b eusedb y the Indian Health Service to obtain ambulances for the Indian Health Service and tribal facilities in con j unction w ith an existin g interagency agreement between the Indian Health Service and the G eneral Services A dministration
 * Provide

d fu r th er, T hat not to exceed $ 5 00,000 shall be p laced in a D emolition F und, available until expended, to be used by the Indian Health Service for demolition of Federal buildings .ADMIN I STR ATI VEP R O VISIONS, INDIAN H EA L TH SERVI C E Appropriations in this Act to the Indian Health Service shall be available for services as authori z edby5 U .S. C. 31 0 9 but at rates not to exceed the per diem rate e q uivalent to the maximum rate payable for senior - level positions under 5 U.S.C. 537 6; hire 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; and for uniforms or allowances therefor as authorized by 5 U.S.C. 5901 – 5902; and for expenses of attendance at meetings that relate to the functions or activities for which the appropriation is made or otherwise con- tribute to the improved conduct, supervision, or management of those functions or activities. In accordance with the provisions of the Indian Health Care Improvement Act, non-Indian patients may be extended health care at all tribally administered or Indian Health Service facilities, subject to charges, and the proceeds along with funds recovered under the Federal M edical Care R ecovery Act (4 2 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. N otwithstanding any other law or regulation, funds transferred from the Department of Housing and Urban Development to the Indian Health Service shall be administered under P ublic L aw 8 6–121, the Indian Sanitation Facilities Act and Public Law 93– 638, as amended. Funds appropriated to the Indian Health Service in this Act, except those used for administrative and program direction pur- poses, shall not be subject to limitations directed at curtailing Federal travel and transportation. None of the funds made available to the Indian Health Service in this Act shall be used for any assessments or charges by the Department of Health and Human Services unless identified in the budget justification and provided in this Act, or approved by the House and Senate Committees on Appropriations through the reprogramming process. Notwithstanding any other provision of law, funds previously or herein made available to a tribe or tribal organization through a contract, grant, or agreement authorized by title I or title V of the Indian Self-Determination and E ducation Assistance Act of 1975 (25 U.S.C. 450), may be deobligated and reobligated to a self-determination contract under title I, or a self-governance agreement under title V of such Act and thereafter shall remain available to the tribe or tribal organization without fiscal year limitation. None of the funds made available to the Indian Health Service in this Act shall be used to implement the final rule published Regulations.B u d get r e q uest.


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Page:United States Statutes at Large Volume 123.djvu/758

 123STA T .7 3 8PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9intheF e d e ralR e g i s ter o n S e p te mb er 16, 1 987 ,b y the D epartment o fH ealth and H u man Ser v i c es, relating to the eligibility for the health care services of the I ndian Health Service until the Indian Health Service has submitted a budget re q uest reflecting the increased costs associated w ith the proposed final rule, and such request has been included in an appropriations A ct and enacted into law .W ith respect to functions transferred by the Indian Health Service to tribes or tribal organi z ations, the Indian Health Service is authorized to provide goods and services to those entities, on a reimbursable basis, including payment in advance with subse - quent ad j ustment. 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 that provided the funding, with such amounts to remain available until e x pended. 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 C ommittees on Appropriations. NATION 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 E nviron- mental Health Sciences in carrying out activities set forth in section 3 11 ( a ) of the Comprehensive Environmental Response, Compensa- tion, and L iability Act of 198 0, as amended, and section 1 2 6(g) of the Superfund Amendments and Reauthorization Act of 1986, $ 78,07 4 ,000. A G ENC Y FOR TO X IC SU B STANCES AN D DISEASE REGISTRY TOXIC SUBSTANCES AND ENVIRONMENTAL P UBLIC HEALTH For necessary expenses for the Agency for Toxic Substances and Disease Registry (ATSDR) in carrying out activities set forth in sections 104(i) and 111(c)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended section 118(f) of the Superfund Amendments and Reauthorization Act of 1986 (SARA), as amended; and section 3019 of the Solid Waste Disposal Act, as amended, $74,039,000, of which up to $1,000 to remain available until expended, is for Individual Learning Accounts for full-time equivalent employees of the Agency for Toxic Substances and Disease Registry
 * Provide

d, That notwith- standing 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, evalua- tions, or activities, 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 Administrator of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of CERCLA: Provided further, That none Notif i ca tio n.


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Page:United States Statutes at Large Volume 123.djvu/759

 123STA T .7 3 9PUBLIC LA W 111 –8—M A R .11, 2 0 09 ofthe f undsap p r opr i ated under this headin g sha l l b ea v ailable for ATSDR to issue in e xc ess of 40 toxicological profiles pursuant to section 1 04 ( i ) of CE RC L A during fiscal y ear 2 00 9, and existing profiles m ay be updated as necessary .O T H ER RELATED A G E N C I ES E XECUTIV EO F FICE O FT H E PR E S I D E N T COUNCI L ON ENVIRON M ENT A L Q UALIT Y AND OFFICE OF ENVIRONMENTAL QUALITY F or 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 19 6 9, the Environmental Quality Improvement Act of 19 7 0, and Reorga - ni z ation Plan No. 1 of 1977, and not to exceed $ 7 5 0 for official reception and representation expenses, $2,70 3 ,000
 * Provide

d , That not w ithstanding 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 INVESTI G ATION B OARD SALARIES AND EX P ENSES ( INCLUDING TRANSFER OF FUNDS ) For necessary expenses in carrying out activities pursuant to section 112(r)(6) of the Clean Air Act, as amended, including hire of passenger vehicles, uniforms or allowances therefor, as authorized by5 U .S.C. 5901 – 5902, and for services authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed the per diem e q uiva- lent to the maximum rate payable for senior level positions under 5 U.S.C. 5376, $10,199,000: Provided, That the Chemical Safety and Hazard Investigation Board (Board) shall have not more than three career Senior Executive Service positions: Provided fu r th er, That notwithstanding any other provision of law, the individual appointed to the position of Inspector General of the Environmental Protection Agency (EPA) shall, by virtue of such appointment, also hold the position of Inspector General of the Board: Provided fur - ther, That notwithstanding any other provision of law, the Inspector General of the Board shall utilize personnel of the Office of Inspector General of EPA in performing the duties of the Inspector General of the Board, and shall not appoint any individuals to positions within the Board: Provided further, That of the funds appropriated under this heading, $300,000 shall be paid to the ‘ ‘Office of Inspector General ’ ’ appropriation of the Environmental Protection Agency. OFFICE OF NAVA J O AND HOPI INDIAN RELOCATION SALARIES AND EXPENSES For necessary expenses of the Office of Nava j o and Hopi Indian Relocation as authorized by Public Law 93–531, $7,530,000, to remain available until expended: Provided, That funds provided in this or any other appropriations Act are to be used to relocate 5USCap p .8Gnote . Go v e r n m ent po si tions. A ppointment.


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Page:United States Statutes at Large Volume 123.djvu/760

 123STA T .740PUBLIC LA W 111 –8—M A R .11, 200 9elig i b lei nd i v id ua l s and g ro u p sin c luding evic t ees f ro mD istrict 6,H opi - partitioned lands residents, t h ose in significantl y substandard housing, and all others certified as eligible and not included in the preceding categories
 * Provide

d fu r th er ,T hat none of the funds contained in this or any other A ct may be used by the O ffice of N ava j o and Hopi I ndian R elocation to evict any single Navajo or Navajo family w ho, 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 ac q uired pursuant to 2 5 U.S. C .6 4 0d – 10. I NSTI T U T EOF A M E R I CA NIN D IAN AND A L AS K A NATI V E CULTURE AND ARTS DEVELO P MENT PA Y MENT TO T H E INSTITUTE F or payment to the Institute of American Indian and Alas k a Native Culture and Arts Development, as authori z ed by title XV of P ublic L aw 99–498, as amended ( 20 U.S.C. 56 part A ) , $7 ,900,000. SMITHSONIAN INSTITUTION SALARIES AND E X PENSES For necessary e x penses of the Smithsonian Institution, as authorized by law, including research in the fields of art, science, and history development, preservation, and documentation of the National Collections; presentation of public exhibits and perform- ances; collection, preparation, dissemination, and exchange of information and publications; conduct of education, training, and museum assistance programs; maintenance, alteration, operation, lease (for terms not to exceed 30 years), and protection of buildings, facilities, and approaches; not to exceed $100,000 for services as authorized by 5 U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for employees, $593,400,000, of which not to exceed $19,352,000 for the instrumentation program, collections acquisition, exhibition reinstallation, the National M useum of Afri- can American History and Culture, and the repatriation of skeletal remains program shall remain available until expended; and of which $1,553,000 for fellowships and scholarly awards shall remain available until September 30, 2010; and including such funds as may be necessary to support American overseas research centers: Provided, That funds appropriated herein are available for advance payments to independent contractors performing research services or participating in official Smithsonian presentations. FACILITIES CAPITAL For necessary expenses of repair, revitalization, and alteration of facilities owned or occupied by the Smithsonian Institution, by contract or otherwise, as authorized by section 2 of the Act of August 22, 1949 (63 Stat. 623), and for construction, including necessary personnel, $123,000,000, to remain available until


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Page:United States Statutes at Large Volume 123.djvu/761

 123STA T .74 1 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9exp e nd ed ,ofwhic hno t to exceed $10 ,000 i s fo r ser v ices a sa u thor - i z ed by5U.S. C . 3 10 9 . LEGACYFUNDF or m a j or restoration, renovation, and rehabi l itation of existin g Smithsonian facilities, $15,000,000, to remain available until expended
 * Provide

d ,T hat such funds may be made available in incremental amounts for individual projects after being matched byane q ual amount in private donations, which shall not include in- k ind contributions: Provided fu r th er, That none of the funds made available under this heading, or any required matching funds, shall be used for day-to-day maintenance, general salaries and expenses, or programmatic purposes: Provided further, That the total amount of private contributions may be adjusted to reflect any provision in this or any other appropriations A ct that affects the overall amount of the Federal appropriation for this Fund. N A TIO NAL G ALLE R YOFART S ALARIES AND E XP ENSES For the upkeep and operations of the National Gallery of Art, the protection and care of the works of art therein, and administra- tive expenses incident thereto, as authorized by the Act of M arch 24, 193 7( 50 Stat. 51 ) , as amended by the public resolution of April 13, 1939 ( P ublic R esolution 9, Seventy-sixth Congress), including services as authorized by 5 U.S.C. 3109 payment in advance when authorized by the treasurer of the Gallery for 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, $105,3 8 8,000, of which not to exceed $3,350,000 for the special exhibition program shall remain available until expended. REPAIR, RESTORATION AND RENO V ATION OF B UILDINGS 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, $17,3 6 8,000, to remain available until expended: Provided, That contracts awarded for environmental systems, protection systems, and exterior repair or renovation of buildings of the National Gal- lery of Art may be negotiated with selected contractors and awarded on the basis of contractor qualifications as well as price. Contrac t s.


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Page:United States Statutes at Large Volume 123.djvu/762

 123STA T .74 2 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9JOHNF.KE NNE DYC EN T E RF OR THE P ERFOR MI N GA RT S O P ER A TIONS AND MAINTENAN C E F ornec e s s a r y e xp enses f or th e operat i on ,m aintenance an d sec u rity of the John F. Kennedy Center for the Performin g Arts, $21, 30 0,000. CAPITA L REPAIR AND RESTORATION For necessary expenses for capita l repair and restoration of the existing features of the b uilding and site of the John F. Kennedy Center for the Performing Arts, $1 5 ,0 64 ,000, to remain a v ailable until expended. W OODRO W WILSON I NTERNATIONAL CENTER FOR S CHOLARS SALARIES AND E X PENSES For expenses necessary in carrying out the provisions of the Woodro w Wilson M emorial Act of 1 9 6 8( 82 Stat. 1356 ) including hire of passenger vehicles and services as authori z edby5 U .S.C. 3109, $10,000,000. N ATIONAL FO U NDATION ON THE ARTS AND THE H UMANITIES NATIONAL E NDOWMENT FOR THE ARTS GRANTS AND ADMINISTRATION ( INCLUDING TRANSFER OF FUNDS ) For necessary expenses to carry out the National Foundation on the Arts and the Humanities Act of 1965, as amended, $155,000,000 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
 * Provide

d ,T hat funds appropriated herein shall be expended in accordance with sections 309 and 311 of Public L aw 108 – 44 7
 * Provided

fu r th er, That hereinafter funds previously appropriated to the National Endowment for the Arts ‘ ‘Challenge America ’ ’ account may be trans- ferred to and merged with this account. 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, $155,000,000, to remain available until expended, of which $140,700,000 shall be available for support of activities in the humanities, pursuant to section 7(c) of the Act and for administering the functions of the Act and $14,300,000 shall be available to carry out the matching grants program pursuant to section 10(a)(2) of the Act including $9,300,000 for the purposes of section 7(h): Provided, That appropriations for carrying out section 10(a)(2) shall


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 123STA T .74 3 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9beav a il able for obli g a t io n onl y in such a m ounts as may be e q ual to the total amounts of gifts , bequests, an d devises of money, and other p roperty accepted by the chairman or by grantees of the E ndo w ment under the provisions of subsections 1 1 ( a ) ( 2 )( B ) and 11(a)( 3 )(B) during the current and preceding fiscal years for which equal amounts have not previously been appropriated .ADMIN I STR ATI VEP R O VISION N one of the funds appropriated to the National F oundation on the A rts and the H umanities may be used to process any grant or contract documents which do not include the te x tof1 8U . S. C . 1 9 13
 * Provide

d, T hat none of the funds appropriated to the National Foundation on the Arts and the Humanities may be used for official reception and representation expenses: Provided 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 Endowment for the Arts may approve grants 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. COMMISSION O F FINE ARTS SA L ARIES AND E X PENSES For expenses made necessary by the Act establishing a Commis- sion of Fine Arts ( 4 0 U.S.C. 104), $2,234,000: 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. 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: Provided, That no organization shall receive a grant in excess of $650,000 in a single year. ADVISOR Y COUNCIL ON HISTORIC PRESERVATION SALARIES AND EXPENSES For necessary expenses of the Advisory Council on Historic Preservation (Public Law 89–665, as amended), $5,498,000: 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, $8,328,000: Provided, That one-quarter Grants.


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 123STA T .74 4 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9of1perc e nt oft h ef u n ds pro vi ded under this he a din gm a yb e used for officia l reception and representational e x penses associated w ith hosting international visitors engaged in the planning and physical development of world capitals .UNITEDS T A TE SHOL O C A U ST M E M O R IAL MUSEUM H OLOCAUST MEMORIAL MUSEUM F or expenses of the Holocaust Memorial Museum , as authori z ed by P ublic L aw1 06–29 2 (3 6 U.S. C . 2301–2310 ) , $47 ,260,000, of which $ 5 15,000 for the Museum ’ se q uipment replacement program, $1,900,000 for the museum’s repair and rehabilitation program and $1,264,000 for the museum’s exhibition design and production program shall remain available until expended. PRESIDIO 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, $17,450,000 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, $2,000,000, to remain available until expended. TITLE I VG E N E R AL PROVISIONS ( INCLUDING TRANSFERS OF FUNDS ) 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. 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. SEC. 403. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 404. None of the funds provided in this Act to any depart- ment or agency shall be obligated or expended to provide a personal cook, chauffeur, or other personal servants to any officer or Lob b ying.C on trac t s .


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 123STA T .745PUBLIC LA W 111 –8—M A R .11, 2 0 0 9employ eeo fsuchd ep art me n tora g ency e x cept as other wi se pro v ided b y law .SEC . 405 . E stimated overhead charges , deductions, reserves or holdbac k s 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 A ppropriations. Changes to such estimates shall be presented to the Committees on Appropriations for approval. SEC. 40 6 . N one 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. SEC. 40 7 . 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 2 006. SEC. 40 8 . (a)L IM I TA TI ON O F F U N DS . — 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) E X CE P TIONS.— 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 3 0,1 9 94 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. (c) REPO R T.— O n September 30, 2009, the Secretary of the Interior shall file with the H ouse and Senate Committees on Appro- priations and the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on actions taken by the D epart- ment under the plan submitted pursuant to section 314(c) of the Department of the Interior and Related Agencies Appropriations Act, 1997 ( P ublic Law 104 – 208). (d) MINERA L EXAMINATIONS.—In order to process patent applications in a timely and responsible manner, upon the request of a patent applicant, the Secretary of the Interior shall allow the applicant to fund a qualified third-party contractor to be selected by the Bureau of Land Management to conduct a mineral examina- tion of the mining claims or mill sites contained in a patent applica- tion as set forth in subsection (b). The Bureau of Land Management shall have the sole responsibility to choose and pay the third- party contractor in accordance with the standard procedures employed by the Bureau of Land Management in the retention of third-party contractors. SEC. 409. Notwithstanding any other provision of law, amounts appropriated to or otherwise designated in committee reports for the Bureau of Indian Affairs and the Indian Health Service by Public Laws 103–138, 103–332, 104–134, 104–208, 105–83, 105– Paten t s.Mi nes an dm inin g . For ests and f orest p rod uc ts. B udget estimates.


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Page:United States Statutes at Large Volume 123.djvu/766

 123STA T .746PUBLIC LA W 111 –8—M A R .11, 2 0 0 927 7 ,106– 11 3 , 106–2 9 1, 107–63, 10 8 –7, 108–108, 108– 4 47, 109– 5 4, 109–289, div i s i onBa nd C on t in u in gAp p r opriations Re so l ution, 2007 ( division B o fP u b li cL a w 109–289, as a m ended b y Public Laws 110–5 and 110–28 ) , and Public Law 110–161 for payments for contract support costs associated wit h self - determination or self-governance contracts, grants, compacts, or annual funding agreements with the Bureau of I ndian Affairs or the Indian H ealth S ervice as funded by such Acts, are the total amounts available for fiscal years 1994 through 2008 for such purposes, e x cept that for 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 . S EC . 410. Prior to O ctober 1, 2009, 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 without revision of the plan for a unit of the N ational Forest System. Nothing in this section exempts the Secretary from any other re q uirement of the Forest and Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or any other law
 * Provide

d ,T hat 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. SEC. 411. No funds provided in this Act may be expended to conduct preleasing, leasing and related activities under either the M ineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National Monument established pursuant to the Act of J une 8, 1906 (16 U.S.C. 431 et seq.) as such boundary existed on January 20, 2001, except where such activities are allowed under the Presidential proclamation establishing such monument. SEC. 412. In entering into agreements with foreign countries pursuant to the W ildfire Suppression Assistance Act (42 U.S.C. 1856m) the Secretary of Agriculture and the Secretary of the Interior are authorized to enter into reciprocal agreements in which the individuals furnished under said agreements to provide wildfire services are considered, for purposes of tort liability, employees of the country receiving said services when the individuals are engaged in fire suppression: Provided, That the Secretary of Agri- culture or the Secretary of the Interior shall not enter into any agreement under this provision unless the foreign country (either directly or through its fire organization) agrees to assume any and all liability for the acts or omissions of American firefighters engaged in firefighting in a foreign country: Provided fu r th er, That when an agreement is reached for furnishing fire fighting services, the only remedies for acts or omissions committed while fighting fires shall be those provided under the laws of the host country, and those remedies shall be the exclusive remedies for any claim arising out of fighting fires in a foreign country: Provided further, That neither the sending country nor any legal organization associ- ated with the firefighter shall be subject to any legal action whatso- ever pertaining to or arising out of the firefighter ’ s role in fire suppression. Contrac t s.F or eig nre l ations. W il df ires. P lan. 16US C16 04 note.


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Page:United States Statutes at Large Volume 123.djvu/767

 123STA T .74 7 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9SEC.413 . Inaw a rdi n g a Fe dera lco n t ract wit hfu nd sm ade a v aila b leb y this A ct , notwithstanding Federal G overnment p rocure - 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 lands and other forest-dependent rural communities isolated from significant alternative employment opportunities
 * Provide

d ,T hat notwithstanding Federal Government procurement and contracting laws the Secretaries 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-business 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 2 3 7 4of P ublic L aw1 0 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. SEC. 414. N one of the funds made available by this or any other Act may be used in fiscal year 200 9 for competitive sourcing studies and any related activities involving Forest Service per- sonnel. SEC. 41 5 . U nless otherwise provided herein, no funds appro- priated in this Act for the acquisition of lands or interests in lands may be expended for the filing of declarations of taking or complaints in condemnation without the approval of the H ouse and Senate Committees on Appropriations: Provided, That this provision shall not apply to funds appropriated to implement the E verglades National Park Protection and Expansion Act of 19 8 9, or to funds appropriated for Federal assistance to the State of Florida to acquire lands for Everglades restoration purposes. SEC. 416. None of the funds made available under this Act may be used to promulgate or implement the Environmental Protec- tion Agency proposed regulations published in the Federal R egister on J anuary 3, 2007 (72 Fed. Reg. 69). SEC. 417. Section 337(a) of the D epartment of the Interior and Related Agencies Appropriations Act, 2005 (Public Law 108– 447 118 Stat. 3012) is amended by striking ‘‘September 30, 2006’’ and inserting ‘‘September 30, 2010’’. SEC. 418. Section 330 of Public Law 106–291 concerning Service First authorities (114 Stat. 996), as amended by section 428 of Public Law 109–54 (119 Stat. 555–556), is further amended by striking ‘‘2008’’ and inserting in lieu thereof ‘‘2011’’. SEC. 419. Section 422 of title I V of division F of Public Law 110–161 is amended by inserting after ‘‘fiscal year 2007’’ the fol- lowing: ‘‘and subsequent fiscal years through fiscal year 2014’’. SEC. 420. In addition to the amounts otherwise provided to the Environmental Protection Agency in this Act, $ 8,000,000, to 12 1 Sta t . 21 49 . 4 3U S C 1 70 1 no t e. Co mp et i ti v e s o urc in g . G ui d ance. Contracts. Ur b an and rura l areas.


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 123STA T .748PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9remain a v ai l a b le u n t ile xp en d ed , i s pr o vided to EPA to be trans -f erred to t h e D epartment of the N av y for c lean-up activities at the T reasure I sland Naval S tation —H unters Point Annex . S EC. 421 . The boundaries of the Ton g ass National F orest in the State of Alas k a are modified to include the approximately 1, 0 4 3 .3 8 acres of land ac q uired by the U nited States from the Alaska M ental Health Trust Authority, w hich is more particularly described as lots 1- B and 1- C , Mt. V erstovia- G avan Hill Subdivision of U.S. Survey No. 38 5 8 and U.S. Survey No. 384 9 . SEC. 422. Title V of the Forest Service R ealignment and Enhancement Act, 2005, Public L aw 109 – 54, 119 Stat. 559–5 6 3 16 U.S.C. 580d note, is amended as follows

1 ) In section 503, subsection (f) by striking ‘ ‘2008 ’ ’ and inserting in lieu thereof ‘‘2011’’ and; (2) In section 504— (A) in subsection (a)(3) by striking in whole, and inserting in lieu thereof ‘‘TE RMS ,C ONDIT IONS, A ND RESER V A- TIONS.—The conveyance of an administrative site under this title shall be sub j ect to such terms, conditions, and reservations as the Secretary determines to be necessary to protect the public interest’’; (B) in subsection (d)(1) by striking ‘‘Subchapter I of chapter 5’’, and inserting in lieu thereof ‘‘Chapter 5 of subtitle I’’; and (C) in subsection (d)(4)(B) by striking in whole, and inserting in lieu thereof ‘‘determine whether to include terms, conditions, and reservations under subsection (a)(3); and’’. Sec. 423. LA K ETA H OE BASIN HA Z ARDO U S FUE L REDUCTION PRO J ECTS. (a) Hereafter, subject to subsection (b), a proposal to authori z e a hazardous fuel reduction project, not to exceed 5,000 acres, including no more than 1,500 acres of mechanical thinning, on the Lake Tahoe Basin Management Unit may be categorically excluded from documentation in an environmental impact statement or an environmental assessment under the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) if the project: (1) is consistent with the Lake Tahoe Basin Multi- J urisdic- tional Fuel Reduction and W ildfire Prevention Strategy pub- lished in December 200 7 and any subsequent revisions to the Strategy; (2) is not conducted in any wilderness areas; and (3) does not involve any new permanent roads. (b) A proposal that is categorically excluded under this section shall be subject to— (1) the extraordinary circumstances procedures established by the Forest Service pursuant to section 1508.4 of title 40, Code of Federal Regulations; and (2) an opportunity for public input. SEC. 424. Not later than June 30, 2009, the Administrator of the Environmental Protection Agency shall reconsider, and con- firm or reverse, the decision to deny the request of the State of California to regulate greenhouse gas emissions from new motor vehicles. SEC. 425. TO X ICS RELEASE INVENTOR Y RE P ORTIN G . Notwith- standing any other provision of law— Deadlin e . De t e rm inati o n. G reen h o us e g as emissions. A las k a.


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 123STA T .749PUBLIC LA W 111 –8—M A R .11, 2 0 09 (1)no n e o fth ef u n dsma dea v a il a b leb y this o r any other Ac t may , hereafter, be used to im p lement the final rule promul -g ated by the Administrator of the E nvironmental P rotection Agency entitled ‘ ‘ T o x ics R elease I nventory B urden Reduction F inal Rule ’ ’( 7 1 Fed . Reg. 7 6932 ) and (2) the final rule described in paragraph (1) shall have no force or effect. The affected regulatory text shall revert to w hat it was before the final rule described in paragraph (1) became effective, until any future action ta k en by the Administrator. SEC . 4 26. Section 32 5 of Public L aw1 08– 108 is amended by striking ‘‘fiscal years 2004–2008’’ and inserting ‘‘fiscal year 2009.’’ SEC. 427. The Secretary of Agriculture and the Secretary of the Interior shall execute an agreement that transfers management and oversight including transfer of function for the workforce, of the C entennial, Collbran, Columbia Basin, Fort Simcoe, Treasure Lake, and W eber Basin J ob Corps Centers to the Forest Service. These Job Corps centers shall continue to be administered as described in section 147(c) of Public Law 105–220, Workforce Invest- ment Act of 1998. SEC. 428. Section 434 of division F of Public Law 110–161 is amended by striking paragraph (3) and inserting a new paragraph (3) as follows ‘‘(3) By adding at the end the following: ‘‘ ‘(m) Section 106 of Public Law 108–148 shall apply to all pro j ects authori z ed by this Act. Sections 104 and 105 of Public Law 108–148 may be applied to projects authorized by this Act.’. ’’. SEC. 429. (a) D uring the 60-day period beginning on the date of the enactment of this Act — (1) the Secretary of the Interior and the Secretary of Com- merce may withdraw or reissue the rule described in subsection (c)(1) without regard to any provision of statute or regulation that establishes a re q uirement for such withdrawal; and (2) the Secretary of the Interior may withdraw or reissue the rule referred to in subsection (c)(2) without regard to any provision of statute or regulation that establishes a requirement for such withdrawal. (b) If the Secretary of the Interior or the Secretary of Commerce (or both) withdraws a rule under subsection (a), such Secretary shall implement the provisions of law under which the rule was issued in accordance with the regulations in effect under such provisions immediately before the effective date of such rule, except as otherwise provided by any Act or rule that takes effect after the effective date of the rule that is withdrawn. (c) The rules referred to in subsection (a) are the following: (1) The final rule relating to ‘‘Interagency Cooperation under the Endangered Species Act’’, issued by the U nited States Fish and Wildlife Service and the N ational M arine Fisheries Service and signed November 26, 2008, by the Assistant Sec- retary of Fish and Wildlife and Parks of the Department of the Interior and the Deputy Assistant Administrator for the Regulatory Programs of the National Marine Fisheries Service. (2) The final rule relating to ‘‘Endangered and Threatened Wildlife and Plants; Special Rule for the Polar Bear’’, issued by the Assistant Secretary of Fish and Wildlife and Parks of the Department of the Interior on December 10, 2008. Polarbe ar .End an g ered sp e ci es. T i m e period. A pplicabili ty . 16USC2 1 04 note. Contracts. 4 3 USC 1 75 2 note.


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Page:United States Statutes at Large Volume 123.djvu/770

 123STA T .750PUBLIC LA W 111 –8—M A R .11, 200 9SEC.430 . With i n th eamou nt s a p p r opriate d in this di v ision ,f undin g sha l l b e allo c ated in the amounts specified for those pro j ects and purposes delineated in the table titled ‘ ‘ C ongressionall yD irected Spending ’ ’ included in the e x planatory statement accom - panying this A ct ( as described in section 4, in the matter preceding division A of this consolidated Act ) . T his division may be cited as the ‘‘Department of the I nterior, E nvironment, and R elated Agencies Appropriations Act, 2 00 9 ’’. DI V ISI ONF— DE P ART M ENTS OF L A B OR, H EALTH AND H U MAN SERVICES, AND EDUCATION, AND RELATED A G ENCIES APPROPRIATIONS ACT, 2009 TITLE I DEPARTMENT OF LABOR E MPLOY ME NTA N D T R A I NIN G ADMINI S TRATION TRAINING AND EMPLOYMENT SER V ICES For necessary expenses of the Wor k force Investment Act of 1 99 8 (‘‘WIA’’), the Denali Commission Act of 1998, and the Women in Apprenticeship and Non-Traditional Occupations Act of 1992, including the purchase and hire of passenger motor vehicles, the construction, alteration, and repair of buildings and other facilities, and the purchase of real property for training centers as authori z ed by the WIA 3, 6 26,448,000, plus reimbursements, shall be avail- able. Of the amounts provided (1) for grants to States for adult employment and training activities, youth activities, and dislocated w orker employment and training activities, $2,969,449,000 as follows: (A) $861, 5 40,000 for adult employment and training activities, of which $149,540,000 shall be available for the period J uly 1, 2009, through June 30, 2010, and of which $ 7 12,000,000 shall be available for the period October 1, 2009 through June 30, 2010; (B) $924,069,000 for youth activities, which shall be available for the period April 1, 2009 through June 30, 2010; and (C) $1,183,840,000 for dislocated worker employment and training activities, of which $335,840,000 shall be available for the period July 1, 2009 through June 30, 2010, and of which $848,000,000 shall be available for the period October 1, 2009 through June 30, 2010: Provide d , That notwithstanding the transfer limitation under section 133(b)(4) of the WIA, up to 30 percent of such funds may be transferred by a local board if approved by the Gov- ernor; (2) for federally administered programs, $489,429,000 as follows: (A) $283,051,000 for the dislocated workers assistance national reserve, of which $71,051,000 shall be available for the period July 1, 2009 through June 30, 2010, and of which $212,000,000 shall be available for the period October 1, 2009 through June 30, 2010: Provided, That up to $125,000,000 may be made available for Community- Departm e n t sofL a b or ,H ea l t h an d H u man S er vic es, and E ducation, and R elated Ag encies Appropriations Act, 20 0 9. Department of Labor Appropriations Act, 2009.