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 123STA T .69 3 PUBLIC LA W 111 –8—M A R .11, 2 0 09 SEC.74 4. (a)E a chex ec utiv e d e p a r t m e n tanda g enc ys ha l l esta b- lish and maintain o n the homepage o f its w ebsite , an obvious, direct lin k to the website of its respective I nspector G eneral. (b) Each O ffice of Inspector General shall ( 1 ) post on its website any public report or audit or portion of any report or audit issued within one day of its release ( 2 ) provide a service on its website to allow an individual to re q uest automatic receipt of information relating to any public report or audit or portion of that report or audit and which permits electronic transmittal of the information, or notice of the availability of the information without further request; and ( 3 ) establish and maintain a direct link on its website for individuals to anonymously report waste, fraud and abuse. SEC. 74 5 . N one of the funds made available by this or any other A ct may be used to implement, administer, enforce, or apply the rule entitled ‘ ‘ C ompetitive Area ’ ’ published by the Office of P ersonnel M anagement in the F ederal R egister on April 15, 2 0 0 8 (73 Fed. Reg. 20180 et seq.). SEC. 74 6 . None of the funds made available by this or any other Act may be used to implement, administer, or enforce section 5(b) of Executive Order 13422 (72 Fed. Reg. 2763; relating to Regulatory Policy Officer). SEC. 747. No later than 120 days after enactment of this Act, the Office of Management and B udget shall submit a status report on the pilot program, established under section 748 of divi- sion D of Public L aw 110 – 161, to develop and implement an inven- tory to track the cost and si z e (in contractor manpower equivalents) of service contracts, particularly with respect to contracts that have been performed poorly by a contractor because of excessive costs or inferior quality, as determined by a contracting officer within the last 5 years, involve inherently governmental functions, or were undertaken without competition. SEC. 748. Executive Order 13423 (72 Fed. Reg. 3 9 19; J an. 24, 2007) shall remain in effect hereafter except as otherwise pro- vided by law after the date of the enactment of this Act. SEC. 749. Effective January 20, 2009, and for each fiscal year thereafter, no part of any appropriation contained in this or any other Act may be used for the payment of services to any individual carrying out the responsibilities of any position requiring Senate advice and consent in an acting or temporary capacity after the second submission of a nomination for that individual to that posi- tion has been withdrawn or returned to the President. SEC. 750. Except as expressly provided otherwise, any reference to ‘‘this Act’’ contained in any title other than title I V or VIII shall not apply to such title IV or VIII. SEC. 751. N ONR E DU C TI ONINP AYWH I L E FEDERAL E MP LOYEE I S PER F ORMIN G ACTI V E SERVICE IN THE U NIFORMED SERVICES OR NATIONAL GUARD. (a) IN GENERAL. — Subchapter IV of chapter 55 of title 5, United States Code, is amended by adding at the end the following: ‘ ‘ §5 5 38.Nonreducti on in paywh i l e s er v in g in the uni f or m ed services or National G uard ‘‘(a) An employee who is absent from a position of employment with the Federal Government in order to perform active duty in the uniformed services pursuant to a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10 shall be entitled, while serving on active duty, to receive, 28USC461note.Ef fe c t iv e da te. 5 USC 55 0 1 note pr ec. 42USC4 3 21 note. D ead l ine. R eport s . W e b postin g . Web lin k s. 5USCapp.8 L .


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 123STA T .694PUBLIC LA W 111 –8—M A R .11, 2 0 09 foreachp a y per i o d de s cri b edi n s u bsec t ion ( b ), ana m ount e q ua l to the amount by w hich —‘ ‘( 1 ) the amount of basic pay which would otherwise ha v e been payable to such employee for such pay period if such employee ’ s civilian employment with the G overnment had not been interrupted by that service, e x ceeds (if at all) ‘‘( 2 ) the amount of pay and allowances which (as deter - mined under subsection (d))— ‘‘( A ) is payable to such employee for that service and ‘‘( B ) is allocable to such pay period . ‘‘(b)(1) Amounts under this section shall be payable with respect to each pay period (which would otherwise apply if the employee’s civilian employment had not been interrupted)— ‘‘(A) durin g which such employee is entitled to reemploy- ment rights under chapter 43 of title 3 8 with respect to the position from which such employee is absent (as referred to in subsection (a)); and ‘‘(B) for which such employee does not otherwise receive basic pay (including by ta k ing any annual, military, or other paid leave) to which such employee is entitled by virtue of such employee’s civilian employment with the Government. ‘‘(2) F or purposes of this section, the period during which an employee is entitled to reemployment rights under chapter 43 of title 38— ‘‘(A) shall be determined disregarding the provisions of section 4312(d) of title 38; and ‘‘(B) shall include any period of time specified in section 4312(e) of title 38 within which an employee may report or apply for employment or reemployment following completion of service on active duty to which called or ordered as described in subsection (a). ‘‘(c) Any amount payable under this section to an employee shall be paid— ‘‘(1) by such employee’s employing agency; ‘‘(2) from the appropriation or fund which would be used to pay the employee if such employee were in a pay status; and ‘‘(3) to the extent practicable, at the same time and in the same manner as would basic pay if such employee’s civilian employment had not been interrupted. ‘‘(d) T he O ffice of P ersonnel M anagement shall, in consultation with S ecretary of D efense, prescribe any regulations necessary to carry out the preceding provisions of this section. ‘‘(e)(1) The head of each agency referred to in section 23 0 2(a)(2)( C )(ii) shall, in consultation with the Office, prescribe procedures to ensure that the rights under this section apply to the employees of such agency. ‘‘(2) The Administrator of the Federal Aviation Administration shall, in consultation with the Office, prescribe procedures to ensure that the rights under this section apply to the employees of that agency. ‘‘(f) For purposes of this section— ‘‘(1) the terms ‘employee’, ‘Federal Government’, and ‘uni- formed services’ have the same respective meanings as given those terms in section 4303 of title 38; ‘‘(2) the term ‘employing agency’, as used with respect to an employee entitled to any payments under this section, Defin i t i o n s.Pr o c e du res. R e g u la tions.

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 123STA T .695PUBLIC LA W 111 –8—M A R .11, 2 0 09 meansth ea g en cyor other ent i tyo f the G o v ernment ( inc lud ing an agency referred to in section 230 2(a ) (2)( C )(ii)) w ith res p ect to which such employee has reemployment rights under chapter 4 3oftitle3 8; and ‘ ‘(3) the term ‘ b asic pay ’ includes any amount payable under section 5 304 . ’’. (b) TECHNI C AL AN D C O N F O RM IN GA MENDMEN T . — The table of sections for chapter 55 of title 5 ,U nited S tates Code, is amended by inserting after the item relating to section 553 7 the following

‘ 5 5 38.Nonreducti on in paywh i l e s er v in g in the uni f or m ed services or National G uard. ’ ’. (c) E FFECTI V E D ATE.—The amendments made by this section shall apply with respect to pay periods (as described in section 5538(b) of title 5, United States Code, as amended by this section) beginning on or after the date of enactment of this Act. SEC. 752. N ot later than 1 20 days after enactment of this Act, each e x ecutive department and agency shall submit to the Director of the O ffice of M anagement and B udget a report stating the total si z eofitswor k force, differentiated by number of civilian, military, and contract workers as of December 31, 2008. Not later than 180 days after enactment of this Act, the Director of the Office of Management and Budget shall submit to the Committee a comprehensive statement delineating the workforce data by indi - vidual department and agency, as well as aggregate totals of civilian, military, and contract workers. T I T L E V III GENE R AL P ROVISIONS—DISTRICT O F COLUMBIA SEC. 801. W henever in this Act, an amount is specified within an appropriation for particular purposes or ob j ects of expenditure, such amount, unless otherwise specified, shall be considered as the maximum amount that may be expended for said purpose or object rather than an amount set apart exclusively therefor. SEC. 802. Appropriations in this Act shall be available for expenses of travel and for the payment of dues of organizations concerned with the work of the District of Columbia government, when authorized by the Mayor, or, in the case of the Council of the District of Columbia, funds may be expended with the authorization of the Chairman of the Council. SEC. 803. There are appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making refunds and for the payment of legal settlements or judg- ments that have been entered against the District of Columbia government. SEC. 804. (a) None of the Federal funds provided in this Act shall be used for publicity or propaganda purposes or implementa- tion of any policy including boycott designed to support or defeat legislation pending before Congress or any State legislature. (b) The District of Columbia may use local funds provided in this title to carry out lobbying activities on any matter. SEC. 805. (a) None of the funds provided under this Act to the agencies funded by this Act, both Federal and District govern- ment agencies, that remain available for obligation or expenditure in fiscal year 200 9, or provided from any accounts in the Treasury of the United States derived by the collection of fees available Lob b ying.Sta t em ent. D ea dl ine s . R e p o r ts. 5U S C 55 38 note.


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 123STA T .69 6 PUBLIC LA W 111 –8—M A R .11, 2 0 09 to t heag e nci e sfu n d ed by this A ct , sha l lbea v ailable fo r obligation ore xp enditures for an agency through a reprogra m ming of funds w hich —(1) creates new programs ( 2 ) eliminates a program, pro j ect, or responsibility center; ( 3 ) establishes or changes allocations specifically denied, limited or increased under this Act; ( 4 ) increases funds or personnel by any means for any program, project, or responsibility center for which funds have been denied or restricted; ( 5 ) reestablishes any program or project previously deferred through reprogramming; ( 6 ) augments any existing program, project, or responsi - bility center through a reprogramming of funds in excess of $ 3, 0 00,000 or 10 percent, whichever is less; or ( 7 ) increases by 20 percent or more personnel assigned to a specific program, project or responsibility center, unless in the case of F ederal funds, the C ommittees on Appropria- tions of the H ouse of R epresentatives and the S enate are notified in writing 15 days in advance of the reprogramming and in the case of local funds, the Committees on Appropriations of the House of Representatives and the Senate are provided summary reports on April 1, 200 9 and O ctober 1, 2009, setting forth detailed informa- tion regarding each such local funds reprogramming conducted sub- ject to this subsection . (b) N one of the local funds contained in this Act may be avail- able for obligation or expenditure for an agency through a transfer of any local funds in excess of $3,000,000 from one appropriation heading to another unless the Committees on Appropriations of the House of Representatives and the Senate are provided summary reports on April 1, 2009 and October 1, 2009, setting forth detailed information regarding each reprogramming conducted subject to this subsection. (c) T he D istrict of Columbia government is authori z ed to approve and execute reprogramming and transfer re q uests of local funds under this title through December 1, 2009. S EC . 8 06. Consistent with the provisions of section 1301(a) of title 31, U nited States Code, appropriations under this Act shall be applied only to the objects for which the appropriations were made except as otherwise provided by law. SEC. 807. None of the Federal funds made available in this Act may be used to implement or enforce the Health Care B enefits E xpansion Act of 1992 (D.C. L aw9 – 114; D.C. Official Code, sec. 32–701 et seq.) or to otherwise implement or enforce any system of registration of unmarried, cohabiting couples, including but not limited to registration for the purpose of extending employment, health, or governmental benefits to such couples on the same basis that such benefits are extended to legally married couples. SEC. 808. (a) Section 446B(f) of the District of Columbia Home Rule Act (sec. 1–204.46b(f), D.C. Official Code) is amended by stri k ing ‘ ‘fiscal years 2006 through 2008 ’ ’ and inserting ‘‘fiscal year 2006 and each succeeding fiscal year’’. (b) The amendment made by subsection (a) shall take effect as if included in the enactment of the 2005 District of Columbia Omnibus Authorization Act. SEC. 809. None of the Federal funds provided in this Act may be used by the District of Columbia to provide for salaries, expenses, Cohabit i ngc o uples.A pplicabilit y . R epo r ts. D ea d lines. N oti f ication. Deadlines. Reports.


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 123STA T .697PUBLIC LA W 111 –8—M A R .11, 2 0 09 or o the r c o s ts a ssoc i ate dw ith the o f fices of Un ited S tates Senator or United States R e p resentati v e u nder section 4( d ) of the D istrict of C o l u mb ia Statehood Constitutional Convention I nitiatives of 197 9 (D . C. L aw 3– 171 D.C. O fficial Code, sec. 1–1 2 3). S EC . 8 1 0 . Ex cept as otherwise provided in this section, none of the funds made available b y this A ct or by any other Act may be used to provide any officer or employee of the District of Columbia with an official vehicle unless the officer or employee uses the vehicle only in the performance of the officer ’ s or employee’s official duties. F or purposes of this section, the term ‘ ‘official duties’’ does not include travel between the officer’s or employee’s residence and wor k place, except in the case of — (1) an officer or employee of the M etropolitan P olice Depart - ment who resides in the District of Columbia or a District of Columbia g overnment employee as may otherwise be des- ignated by the Chief of the Department; (2) at the discretion of the Fire Chief, an officer or employee of the District of Columbia Fire and Emergency Medical Serv- ices Department who resides in the District of Columbia and is on call 24 hours a day or is otherwise designated by the Fire Chief; (3) at the discretion of the Director of the Department of Corrections, an officer or employee of the District of Columbia Department of Corrections who resides in the District of Columbia and is on call 24 hours a day or is otherwise des- ignated by the Director; (4) the Mayor of the District of Columbia; and ( 5 ) the Chairman of the Council of the District of Columbia. SEC. 811. (a) N one of the Federal funds contained in this Act may be used by the District of Columbia Attorney G eneral or any other officer or entity of the District government to provide assistance for any petition drive or civil action which seeks to re q uire Congress to provide for voting representation in Congress for the District of Columbia. (b) Nothing in this section bars the District of Columbia Attorney General from reviewing or commenting on briefs in private lawsuits, or from consulting with officials of the District government regarding such lawsuits. SEC. 812. None of the Federal funds contained in this Act may be used for any program of distributing sterile needles or syringes for the hypodermic in j ection of any illegal drug. SEC. 813. Nothing in this Act may be construed to prevent the Council or Mayor of the District of Columbia from addressing the issue of the provision of contraceptive coverage by health insur- ance plans, but it is the intent of Congress that any legislation enacted on such issue should include a ‘‘conscience clause’’ which provides exceptions for religious beliefs and moral convictions. SEC. 814. (a) Notwithstanding section 6 15(i)(3)( B ) of the Individ- uals W ith Disabilities Education Act (20 U.S.C. 1415(i)(3)(B)), none of the funds contained in this Act or in any other Act making appropriations for the government of the District of Columbia for fiscal year 2009 or any succeeding fiscal year may be made avail- able— (1) to pay the fees of an attorney who represents a party in or defends an IDEA proceeding which was initiated prior to the date of the enactment of this Act in an amount in excess of $ 4,000 for that proceeding; or Contracep t iv e s. Conscience e x ceptions. N ee dl e distri bu tion. V otin g rig h ts.


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 123STA T .698PUBLIC LA W 111 – 8 —M A R .11, 2 0 09 (2)topay t hef ee s ofa n atto r neyorf i r mw ho represents a party in or d efends an IDEA pro c eedin g if the C hief F inancia lO fficer of the District of Col u m b ia determines that the attorney or firm has a pecuniary interest (either directly or through an attorney, officer, or employee of the firm) in any special education diagnostic ser v ices or schools or other special edu - cation service providers . (b) In this section, the term ‘ ‘IDEA proceeding ’ ’ means any action or administrative proceeding (including any ensuing or related proceedings before a court of competent j urisdiction) brought against the District of Columbia P ublic S chools under the Individ- uals with Disabilities Education Act (2 0U .S.C. 14 00etse q .). S EC . 8 1 5 . T he M ayor of the District of Columbia shall submit to the Committees on Appropriations of the H ouse of R epresenta- tives and the Senate, the Committee on Oversight and G overnment Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate annual reports addressing — (1) crime, including the homicide rate, implementation of community policing, the number of police officers on local beats, and the closing down of open-air drug mar k ets (2) access to substance and alcohol abuse treatment, including the number of treatment slots, the number of people served, the number of people on waiting lists, and the effective- ness of treatment programs, the retention rates in treatment programs, and the recidivism / re-arrest rates for treatment participants; ( 3 ) management of parolees and pre-trial violent offenders, including the number of halfway houses escapes and steps taken to improve monitoring and supervision of halfway house residents to reduce the number of escapes to be provided in consultation with the Court Services and Offender Supervision Agency for the District of Columbia; (4) education, including access to special education services and student achievement to be provided in consultation with the District of Columbia Public Schools and the District of Columbia public charter schools, repeated grade rates, high school graduation rates, post-secondary education attendance rates, and teen pregnancy rates; (5) improvement in basic District services, including rat control and abatement; ( 6 ) application for and management of Federal grants, including the number and type of grants for which the District was eligible but failed to apply and the number and type of grants awarded to the District but for which the District failed to spend the amounts received; ( 7 ) indicators of child and family well-being including child living arrangements by family structure, number of children aging out of foster care, poverty rates by family structure, crime by family structure, marriage rates by income quintile, and out-of-wedlock births; and (8) employment, including job status and participation in assistance programs by income, education and family structure. SEC. 816. B eginning in fiscal year 200 9 and each fiscal year thereafter, the amount appropriated to the District of Columbia may be increased by no more than $ 100,000,000 from funds identi- fied in the annual comprehensive annual financial report as the Ef f ectiv e da te s.R e por ts. D efi n itions.


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 123STA T .69 9 PUBLIC LA W 111 –8—M A R .11, 2 0 09 Distr i c t ’ si m m ed i a te lyp recedi ngf iscal year’s u ne x pended general fund surplus .Th e District may ob ligate and expend these amounts only in accordance w ith the following conditions
 * (1)

The C hief F inancial O fficer of the District of Columbia shall certify that the use of any such amounts is not anticipated to ha v e a negative impact on the District’s long - term financial , fiscal, and economic vitality. ( 2 ) The District of Columbia may only use these funds for the following expenditures: ( A ) One-time expenditures. ( B ) E xpenditures to avoid deficit spending. (C) Debt R eduction. (D) P rogram needs. (E) Expenditures to avoid revenue shortfalls. ( 3 ) The amounts shall be obligated and expended in accord- ance with laws enacted by the Council in support of each such obligation or expenditure. ( 4 ) The amounts may not be used to fund the agencies of the District of Columbia government under court ordered receivership. ( 5 ) The amounts may not be obligated or expended unless the M ayor notifies the Committees on Appropriations of the H ouse of Representatives and the S enate not fewer than 3 0 days in advance of the obligation or expenditure. S EC . 8 1 7 . (a) Beginning in fiscal year 200 9 and each fiscal year thereafter, consistent with revenue collections, the amount appropriated as District of Columbia Funds may be increased — (1) by an aggregate amount of not more than 25 percent, in the case of amounts proposed to be allocated as ‘ ‘Other- Type Funds’’ in the annual Proposed Budget and Financial Plan submitted to Congress by the District of Columbia and (2) by an aggregate amount of not more than 6 percent, in the case of any other amounts proposed to be allocated in such Proposed Budget and Financial Plan. (b) The District of Columbia may obligate and expend any increase in the amount of funds authori z ed under this section only in accordance with the following conditions: (1) The Chief Financial Officer of the District of Columbia shall certify— (A) the increase in revenue; and (B) that the use of the amounts is not anticipated to have a negative impact on the long-term financial, fiscal, or economic health of the District. (2) The amounts shall be obligated and expended in accord- ance with laws enacted by the Council of the District of Columbia in support of each such obligation and expenditure, consistent with the re q uirements of this Act. (3) The amounts may not be used to fund any agencies of the District government operating under court-ordered receivership. (4) The amounts may not be obligated or expended unless the Mayor has notified the Committees on Appropriations of the House of Representatives and the Senate not fewer than 30 days in advance of the obligation or expenditure. SEC. 818. Beginning in fiscal year 2009 and each fiscal year thereafter, the Chief Financial Officer for the District of Columbia may, for the purpose of cash flow management, conduct short- Ef f ectiv e da te s.Lo a n s. N otification. D ead l ine. C e r tification. Effective dates. Notification. Deadline. Certification.


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 123STA T .70 0 PUBLIC LA W 111 –8—M A R .11, 200 9termbo rro wingf rom t h e emergen cy re s er v ef u n da nd from the contingency reserve fund estab l ished under section 450A of the D istrict of C olumbia H ome R ule Act (P ublic L aw 93–1 9 8):Provide d ,T hat the amount borrowed shall not e x ceed 50 p ercent of the total amount of funds contained in both the emergency and contin - gency reserve funds at the time of borrowing: Provided fu r th er, That the borrowing shall not deplete either fund by more than 50 percent: Provided further, That 100 percent of the funds bor- rowed shall be replenished within 9 months of the time of the borrowing or by the end of the fiscal year, whichever occurs earlier: Provided further, That in the event that short-term borrowing has been conducted and the emergency or the contingency reserve funds are later depleted below 50 percent as a result of an emergency or contingency, an amount e q ual to the amount necessary to restore reserve levels to 50 percent of the total amount of funds contained in both the emergency and contingency reserve fund must be replen- ished from the amount borrowed within 6 0 days .SEC . 819. (a) N one of the funds contained in this Act may be used to enact or carry out any law, rule, or regulation to legali z e or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act ( 2 1 U .S.C. 801 et seq.) or any tetrahydrocannabinols derivative. (b) The Legalization of M ari j uana for Medical Treatment Initia- tive of 1998, also k nown as Initiative 59, approved by the electors of the District of Columbia on November 3, 1998, shall not take effect. SEC. 820. None of the funds appropriated under this Act shall be expended for any abortion except where the life of the mother would be endangered if the fetus were carried to term or where the pregnancy is the result of an act of rape or incest. SEC. 821. Amounts appropriated in this Act as operating funds may be transferred to the District of Columbia ’ s enterprise and capital funds and such amounts, once transferred shall retain appro- priation authority consistent with the provisions of this Act. SEC. 822. (a) I N C R E AS E I N TH EH OU R LY RATE F OR ATTORNEYS RE P RESENTIN G IN D IGENT DEFENDANTS IN THE DISTRICT OF COLU MB IA COURTS. — Section 11–2604(a), District of Columbia O ffi- cial Code, is amended by striking ‘ ‘ $ 80 per hour’’ and inserting ‘‘$90 per hour’’. (b) SPECIAL RULE FOR COMPENSATION OF ATTORNEYS IN NEGLECT AND TERMINATION OF PARENTAL RIGHTS PROCEEDINGS.— Section 16–2326.01(b), District of Columbia Official Code, is amended— (1) in paragraph (1), by striking ‘‘$1, 7 60’’ and inserting ‘‘$1,980’’ (2) in paragraph (2), by striking ‘‘$1,760’’ and inserting ‘‘$1,980’’; (3) in paragraph (3), by striking ‘‘$2,400’’ and inserting ‘‘$2,700’’; and (4) in paragraph (4), by striking ‘‘$1,200’’ and inserting ‘‘$1,350’’. (c) E FFECTI V E DATE.—The amendments made by this section shall apply with respect to cases and proceedings initiated on or after the date of enactment of this Act. SEC. 823. Section 2 of the Act entitled ‘‘An Act Relative to the control of wharf property and certain public spaces in the Aborti o n.D r ugsa n d drug abus e . Dead l ine. Deadlines.


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 123STA T .70 1 PUBLIC LA W 111 –8—M A R .11, 200 9Distr i c t ofC o lumb i a’ ’, a p pro vedM arc h3 , 189 9 ( sec . 1 0–5 01.0 2 (a ), D.C. O fficial Code) is ame n ded b y stri k in g the last sentence. SEC .82 4 . Ex cept as expressly provided other w ise, any reference to ‘ ‘this A ct’’ contained in this title or in title IV shall be treated as referring only to the provisions of this title or of title IV. T his division may be cited as the ‘‘ F inancial Services and G en - eral Government Appropriations Act, 2009’’. DIVISIO N E — DE P A R TMENT OF T H E INTERIOR, ENVIRON- MENT, AND RE L ATED AGENCIES APPROPRIATIONS ACT, 2009 TITLE I DEPARTMENT OF THE INTERIOR BUR E A U OF LA ND MANA G E M EN T MANAGEMENT OF L AND S AND RESOURCES For necessary expenses for protection, use, improvement, development, disposal, cadastral surveying, classification, ac q uisi- tion of easements and other interests in lands, and performance of other functions, including maintenance of facilities, as authori z ed by law, in the management of lands and their resources under the j urisdiction of the Bureau of Land Management, including the general administration of the Bureau, and assessment of mineral potential of public lands pursuant to Public Law 9 6 –48 7 (16 U .S.C. 3150(a)), $ 890,194,000, to remain available until expended, of which not to exceed $79,478,000 is available for oil and gas management and of which $1,500,000 is for high priority projects, to be carried out by the Y outh Conservation Corps; and of which $3,000,000 shall be available in fiscal year 2009 subject to a match by at least an equal amount by the National Fish and W ildlife Foundation for cost-shared projects supporting conservation of Bureau lands; and such funds shall be advanced to the Foundation as a lump sum grant without regard to when expenses are incurred. In addition, $36,400,000 is for the processing of applications for permit to drill and related use authorizations, to remain avail- able until expended, to be reduced by amounts collected by the Bureau and credited to this appropriation that shall be derived from $4,000 per new application for permit to drill that the Bureau shall collect upon submission of each new application, and in addi- tion, $34,696,000 is for Mining Law Administration program oper- ations, including the cost of administering the mining claim fee program; to remain available until expended, to be reduced by amounts collected by the Bureau and credited to this appropriation from annual mining claim fees so as to result in a final appropria- tion estimated at not more than $890,194,000, and $2,000,000, to remain available until expended, from communication site rental fees established by the Bureau for the cost of administering commu- nication site activities. CONSTRUCT I ON For construction of buildings, recreation facilities, roads, trails, and appurtenant facilities, $6,590,000, to remain available until expended. Departm e n t of t h e I nter i or ,E n v ironment, an dR e l ated Ag en c ie s Appropriations Act, 20 0 9.


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 123STA T .70 2 PUBLIC LA W 111 –8—M A R .11, 200 9LAND A CQUIS I T I O N Forexp e ns es ne c ess a r yt o carry o u t sect i ons 205, 20 6 ,an d318( d ) o fP u bl ic L a w94– 5 7 9, includin g ad m inistrati v e expenses and ac q uisition of lands or waters, or interests t h erein, $ 14,775,000, to be derived from the Land and W ater C onservation Fund and to remain available until expended . O REG ON AND CALI F ORNIA GRANT LANDS For expenses necessary for management, protection, and development of resources and for construction, operation, and maintenance of access roads, reforestation, and other improvements on the revested O regon and California R ailroad grant lands, on other Federal lands in the Oregon and California land - grant coun- ties of Oregon, and on ad j acent rights-of-way and acquisition of lands or interests therein, including existing connecting roads on or adjacent to such grant lands; $109,949,000, to remain available until expended
 * Provide

d, T hat 25 percent of the aggregate of all receipts during the current fiscal year from the revested Oregon and California Railroad grant lands is hereby made a charge against the Oregon and California land-grant fund and shall be transferred to the G eneral Fund in the Treasury in accordance with the second paragraph of subsection (b) of title I Iofthe A ct of August 28, 1937 (50 S tat. 876). FOREST ECOS Y STE MH EALTH AND RECO V ERY FUND ( REVOLVING FUND, S P ECIAL ACCOUNT ) In addition to the purposes authori z ed in Public Law 102– 381, funds made available in the Forest E cosystem H ealth and Recovery Fund can be used for the purpose of planning, preparing, implementing and monitoring salvage timber sales and forest eco- system health and recovery activities, such as release from com- peting vegetation and density control treatments. The Federal share of receipts (defined as the portion of salvage timber receipts not paid to the counties under 43 U .S.C. 1181f and 43 U.S.C. 1181f– 1 et seq., and Public Law 106–393) derived from treatments funded by this account shall be deposited into the Forest Ecosystem Health and Recovery Fund. RANGE IMPROVEMENTS For rehabilitation, protection, and acquisition of lands and interests therein, and improvement of Federal rangelands pursuant to section 401 of the Federal Land Policy and M anagement Act of 1976 (43 U.S.C. 1701), notwithstanding any other Act, sums equal to 50 percent of all moneys received during the prior fiscal year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount designated for range improvements from grazing fees and mineral leasing receipts from B an k head- J ones lands transferred to the D epartment of the Interior pursuant to law, but not less than $10,000,000, to remain available until expended: Provided, That not to exceed $600,000 shall be available for administrative expenses.


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Page:United States Statutes at Large Volume 123.djvu/723

 123STA T .70 3 PUBLIC LA W 111 –8—M A R .11, 200 9SERVIC EC HA R G ES ,D E PO SI T S,A N D F ORFEIT U RES Foradmin i st rati ve e xp enses and ot h er c osts re l ated to proc - essin g application doc u ments and other authori z ations f or use and disposal of pu b lic lands and resources, for costs of providing copies of official public land documents, for monitoring construction, oper- ation, and termination of facilities in con j unction w ith use authorizations, and for rehabilitation of damaged propert y , such amounts as may be collected under P ublic L aw 94–57 9, as amended, and Public Law 9 3 – 1 53, to remain available until expended
 * Pro-vide

d, T hat, notwithstanding any provision to the contrary of section 3 0 5 ( a ) of Public Law 94–579 (43 U.S . C . 1735(a)), any moneys that have been or will be received pursuant to that section, whether as a result of forfeiture, compromise, or settlement, if not appro- priate for refund pursuant to section 305(c) of that A ct (43 U.S.C. 1735(c)), shall be available and may be expended under the authority of this Act by the Secretary to improve, protect, or rehabilitate any public lands administered through the B ureau of Land M anagement which have been damaged by the action of a resource developer, purchaser, permittee, or any unauthorized person, without regard to whether all moneys collected from each such action are used on the exact lands damaged which led to the action: Provided fu r th er, That any such moneys that are in excess of amounts needed to repair damage to the exact land for which funds were collected may be used to repair other damaged public lands. M ISCE L LANEOUS TRUST FUNDS I n addition to amounts authorized to be expended under existing laws, there is hereby appropriated such amounts as may be contributed under section 307 of the Act of O ctober 2 1, 197 6 (43 U.S.C. 1701), and such amounts as may be advanced for administrative costs, surveys, appraisals, and costs of ma k ing conveyances of omitted lands under section 211(b) of that Act, to remain available until expended. PA Y MENTS FROM PROCEEDS, SALE OF W ATER ( RESCISSION ) The unobligated balances available under this heading on the date of enactment of this Act are permanently rescinded. USE OF RECEIPTS FROM MINERAL LEASING ACTIVITIES ON CERTAIN NAVAL OIL SHALE RESERVES (RESCISSION) Of the unobligated balances available under this heading, $ 12,996,000 are permanently rescinded. ADMINISTRATIVE PROVISIONS Appropriations for the Bureau of Land Management (BLM) shall be available for purchase, erection, and dismantlement of temporary structures, and alteration and maintenance of necessary buildings and appurtenant facilities to which the United States has title up to $100,000 for payments, at the discretion of the Secretary, for information or evidence concerning violations of laws 43USC17 3 5note.


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Page:United States Statutes at Large Volume 123.djvu/724

 123STA T .704PUBLIC LA W 111 –8—M A R .11, 200 9admin i ster ed by t h e Bu reau mis c e l lane o us and emer g ency e xp enses o f enforcement acti v ities authori z ed or approved by the S ecretary and to be accounted for solely on the Secretary ’ s certificate , not to exceed $10 ,000
 * Provide

d, T hat not w ithstanding 4 4 U. S. C. 5 01, the Bureau may, under cooperative cost - sharing and partnership arrangements authorized by law, procure printing services from cooperators in connection with j ointly produced publications for which the cooperators share the cost of printing either in cash or in services, and the Bureau determines the cooperator is capable of meeting accepted q uality standards: Provided fu r th er, That projects to be funded pursuant to a written commitment by a State government to provide an identified amount of money in support of the project may be carried out by the Bureau on a reimbursable basis. I n fiscal year 2 00 9 and each fiscal year thereafter, the Bureau of L and M anagement shall collect mining law administration fees; such fees shall be collected in the same manner as those authorized by 3 0 U.S.C. 2 8 f and 28g only to the extent provided in advance in appropriations A cts. The provisions of law codified at sections 28f ( a ) and 28g of title 30, United States Code, are amended to remove the modifica- tions made under the heading ‘ ‘administrative provisions’’, under the heading ‘‘Bureau of Land Management’’ in title I of the D epart- ment of the Interior, E nvironment, and R elated Agencies Appropria- tions Act, 2008 (division F of P ublic Law 110 – 1 6 1; 121 Stat. 2101). Sums not to exceed 1 percent of the total value of procurements received by the Bureau of Land Management from vendors under enterprise information technology-procurements that the Depart- ment of the Interior and other Federal G overnment agencies may use to order information technology hereafter may be deposited into the Management of Lands and Resources account to offset costs incurred in conducting the procurement. U NITED ST A TE S FIS H AND W I L DLI F ESE RV I C E RES OU RCE M ANA G EMENT For necessary expenses of the United States Fish and Wildlife Service, as authorized by law, and for scientific and economic studies, maintenance of the herd of long-horned cattle on the Wichita Mountains Wildlife Refuge, general administration, and for the performance of other authorized functions related to such resources by direct expenditure, contracts, grants, cooperative agree- ments and reimbursable agreements with public and private enti- ties, $1,140,962,000, to remain available until September 30, 2010 except as otherwise provided herein: Provided , That $2,500,000 is for high priority projects, which shall be carried out by the Y outh Conservation Corps: Provided further, That not to exceed $19,266,000 shall be used for implementing subsections (a), (b), (c), and (e) of section 4 of the Endangered Species Act, as amended, for species that are indigenous to the United States (except for processing petitions, developing and issuing proposed and final regulations, and ta k ing any other steps to implement actions described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to exceed $10,458,000 shall be used for any activity regarding the designation of critical habitat, pursuant to subsection (a)(3), excluding litigation support, for species listed pursuant to subsection 43USC1 4 7 4 f.Fe e s. 3 0 USC 28l .


text:
Author:Richard Wilhelm

Works

 * (1914; in German) translated from Chinese by Wilhelm and edited by Friedrich von der Leyen
 * . (1921) translated from German by Frederick H. Martens. With six Illustrations in Color by George W. Hood. New York: Frederick A. Stokes Company.

title: Author:Richard Wilhelm


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Page:United States Statutes at Large Volume 123.djvu/725

 123STA T .705PUBLIC LA W 111 –8—M A R .11, 200 9(a) ( 1 ) prio r t o Oc to be r1 ,20 0 8:Provide d fu r th er ,Th ato f the a m o un t a v ai l able for la w enforcement, up to $4 00,000, to remain available until e x pen d ed, ma y at the di s cretion of the S ecretary be used for payment for information, rewards, or evidence concernin g viola - tions of laws administered by the Service, and miscellaneous and emergency expenses of enforcement activity, authori z ed or approved by the Secretary and to be accounted for solely on the Secretary ’ s certificate: Provided further, That of the amount provided for environmental contaminants, up to $1,000,000 may remain avail- able until expended for contaminant sample analyses .CONSTRU CT I ON ( INC L U D IN G R E SCISSION O F FUNDS )F or construction, improvement, ac q uisition, or removal of buildings and other facilities required in the conservation, manage- ment, investigation, protection, and utilization of fishery and wild- life resources, and the acquisition of lands and interests therein $ 35 ,58 7 ,000, to remain available until expended: Provided, That of the unobligated balances made available in P ublic L aw 101 – 512 to carry out the A nadromous Fish C onservation Act, all remaining amounts are permanently rescinded. L A ND AC Q UISITION For expenses necessary to carry out the Land and W ater Con- servation Fund Act of 1 96 5, as amended (16 U .S.C. 460l–4 through 11), including administrative expenses, and for acquisition of land or waters, or interest therein, in accordance with statutory authority applicable to the United States Fish and Wildlife Service, $42,455,000, to be derived from the Land and Water Conservation Fund and to remain available until expended, of which, notwith- standing 16 U.S.C. 460l–9, not more than $1,500,000 shall be for land conservation partnerships authorized by the H ighlands Con- servation Act of 2004: Provided, That none of the funds appropriated for specific land acquisition pro j ects can be used to pay for any administrative overhead, planning or other management costs. COO P ERATI V E ENDANGERED SPECIES CONSERVATION FUND (INCLUDING RESCISSION OF FUNDS) For expenses necessary to carry out section 6 of the E ndangered Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended, $80,001,000, to remain available until expended, of which $25,307,000 is to be derived from the Cooperative Endangered Species Conservation Fund, of which $5,145,706 shall be for the I daho Salmon and Clearwater R iver B asins Habitat Account pursu- ant to the Sna k e River Water Rights Act of 2004; and of which $54,694,000 is to be derived from the Land and Water Conservation Fund: Provided, That of the unobligated balances available under this heading, $4,500,000 are permanently rescinded. NATIONAL W ILDLIFE REFUGE FUND For expenses necessary to implement the Act of October 17, 1978 (16 U.S.C. 715s), $14,100,000.


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Page:United States Statutes at Large Volume 123.djvu/726

 123STA T .706PUBLIC LA W 111 –8—M A R .11, 200 9NORTHAME R IC AN W ET L AN DS CONSER V ATION FU ND Forexp e ns es ne c ess a r yt o carry o u tt h e pro vi sions o f the N orth Am erican W et l an d s C onservation Act , as amended (16U.S .C. 4 4 0 1 – 4414 ) , $ 4 2 ,64 7 ,000, to remain availa b le until expended. NEOTRO P ICAL MI G RATOR YB IRD CONSERVATION For expenses necessary to carry out the Neotropical M i g ratory B ird Conservation Act, as amended, (16 U.S.C. 6101 et se q .), $4,7 5 0,000, to remain available until expended. MULTINATIONAL SPECIES CONSERVATION FUND For expenses necessary to carry out the African E lephant Con - servation Act (16 U.S.C. 4201–420 3, 4211–4214, 4221–4225, 4241– 4246, and 153 8 ), the Asian Elephant Conservation Act of 1 9 97 (16 U.S.C. 4261–4266), the R hinoceros and T iger Conservation Act of 1994 (16 U.S.C. 5301–5306), the G reat Ape Conservation Act of 2000 (16 U.S.C. 6301–6305), and the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601–6606), $10,000,000, to remain available until expended. STATE AND TRIBAL WILDLIFE GRANTS For w ildlife conservation grants to States and to the D istrict of Columbia, P uerto Rico, Guam, the United States V irgin I slands, the Northern Mariana Islands, American Samoa, and federally- recogni z ed Indian tribes under the provisions of the Fish and Wild- life Act of 1956 and the Fish and Wildlife Coordination Act, for the development and implementation of programs for the benefit of wildlife and their habitat, including species that are not hunted or fished, $75,000,000, to remain available until expended
 * Provide

d, That of the amount provided herein, $7,000,000 is for a competitive grant program for Indian tribes not sub j ect to the remaining provi- sions of this appropriation: Provided fu r th er, That $5,000,000 is for a competitive grant program for States, territories, and other jurisdictions with approved plans, not subject to the remaining provisions of this appropriation: Provided further, That the Sec- retary shall, after deducting $11,106,000 and administrative expenses, apportion the amount provided herein in the following manner: (1) to the District of Columbia and to the Commonwealth of Puerto Rico, each a sum equal to not more than one-half of 1 percent thereof and (2) to Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, each a sum equal to not more than one-fourth of 1 percent thereof: Provided further, That the Secretary shall apportion the remaining amount in the following manner: (1) one- third of which is based on the ratio to which the land area of such State bears to the total land area of all such States; and (2) two-thirds of which is based on the ratio to which the population of such State bears to the total population of all such States: Provided further, That the amounts apportioned under this para- graph shall be adjusted equitably so that no State shall be appor- tioned a sum which is less than 1 percent of the amount available for apportionment under this paragraph for any fiscal year or more than 5 percent of such amount: Provided further, That the Federal share of planning grants shall not exceed 75 percent of


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Page:United States Statutes at Large Volume 123.djvu/727

 123STA T .70 7 PUBLIC LA W 111 –8—M A R .11, 200 9the t o t alc o s tso f s u ch pr o j ects a nd the F ederal share of im plementa - tion g rants shall not e x ceed 50 percent of the total costs of such projects
 * Provide

d fu r th er ,T hat the non-Federal share of such projects ma y not b e deri v ed from Federal grant programs: Provided further , That no S tate, territory, or other jurisdiction shall receive a grant if its comprehensive w ildlife conservation plan is dis- approved and such funds that would have been distributed to such State, territory, or other jurisdiction shall be distributed e q uitably to States, territories, and other jurisdictions with approved plans: Provided further, That any amount apportioned in 2 00 9 to any State, territory, or other jurisdiction that remains unobligated as of September 3 0, 20 1 0, shall be reapportioned, together with funds appropriated in 2011, in the manner provided herein .WILD LI FECONS E RVAT ION AND A P PRECIATION F U ND ( RESCISSION )O f the unobligated balances available under this heading from prior year appropriations, all remaining amounts are permanently rescinded. AD M INISTRATIVE PROVISIONS A ppropriations and funds available to the U nited States Fish and W ildlife Service shall be available for repair of damage to public roads within and adjacent to reservation areas caused by operations of the Service options for the purchase of land at not to exceed $ 1 for each option; facilities incident to such public rec- reational uses on conservation areas as are consistent with their primary purpose; and the maintenance and improvement of aquaria, buildings, and other facilities under the jurisdiction of the Service and to which the United States has title, and which are used pursuant to law in connection with management, and investigation of fish and wildlife resources: Provided, That notwithstanding 4 4 U.S. C. 501, the Service may, under cooperative cost sharing and partnership arrangements authori z ed by law, procure printing serv- ices from cooperators in connection with jointly produced publica- tions for which the cooperators share at least one-half the cost of printing either in cash or services and the Service determines the cooperator is capable of meeting accepted quality standards: Provided further, That, notwithstanding any other provision of law, the Service may use up to $2,000,000 from funds provided for contracts for employment-related legal services: Provided further, That the Service may accept donated aircraft as replacements for existing aircraft. N ATIONAL P AR K SERVICE OPERATION OF T H E NATIONAL PARK S Y STEM For expenses necessary for the management, operation, and maintenance of areas and facilities administered by the National Par k Service ( including expenses to carry out programs of the United States Park Police ) , and for the general administration of the National Park Service, $2,131,529,000, of which $9, 8 51,000 for planning and interagency coordination in support of E verglades restoration and $99,58 6 ,000 for maintenance, repair or rehabilita- tion projects for constructed assets, operation of the National Park


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Page:United States Statutes at Large Volume 123.djvu/728

 123STA T .708PUBLIC LA W 111 – 8 —M A R .11, 200 9Servic e autom ate df aci l it y ma n a g ement s oft w are system , and com -p re h ensive facility condition assessments shall remain availa b le until September 30, 2 0 1 0 .NATIO NA LREC REATION AN DP RE S ER V ATION F ore x penses necessary to carry out recreation programs, nat- ural programs, cultural programs, heritage partnership programs, environmental compliance and review, international par k affairs, statutory or contractual aid for other activities, and grant adminis- tration, not otherwise provided for, $59, 684 ,000. H ISTORIC PRESERVATION FU ND ( INCLUDIN G TRANSFERS AND RESCISSION OF FUNDS ) For expenses necessary in carrying out the H istoric P reserva- tion A ct of 1966, as amended ( 16 U .S. C . 4 7 0 ) , and the O mnibus Parks and Public L ands M anagement Act of 1996 (Public Law 104 – 333), $69,500,000, to be derived from the Historic Preservation Fund and to remain available until September 30, 2010 of which $20,000,000 shall be for Save America ’ s T reasures for preservation of nationally significant sites, structures, and artifacts
 * Provide

d, That any individual Save America’s Treasures grant shall be matched by non-Federal funds; individual pro j ects shall only be eligible for one grant; and all projects to be funded shall be approved by the Secretary of the I nterior in consultation with the House and Senate Committees on Appropriations: Provided fu r th er , That Save America’s Treasures funds allocated for Federal projects, fol- lowing approval, shall be available by transfer to appropriate accounts of individual agencies: Provided further, That of the unobli- gated balances in this account, $516,000 are permanently rescinded. CONSTRUCTION (INCLUDING RESCISSION OF FUNDS) For construction, improvements, repair or replacement of phys- ical facilities, including a portion of the expense for the modifica- tions authori z ed by section 104 of the E verglades N ational Park Protection and Expansion Act of 1989, $233,158,000, to remain available until expended: Provided, That funds appropriated in this Act, or in any prior Act of Congress, for the implementation of the Modified W ater D eliveries to Everglades National Park Project, shall be made available to the Army Corps of Engineers which shall, notwithstanding any other provision of law, imme- diately and without further delay construct or cause to be con- structed Alternative 3.2.2.a to U.S. Highway 41 (the Tamiami Trail) consistent with the Limited R eevaluation Report with Integrated Environmental Assessment and addendum, approved August 2008: Provided further, That the Secretary of the Interior, acting through the National Park Service, is directed to immediately evaluate the feasibility of additional bridge length, beyond that to be con- structed pursuant to the Modified Water Deliveries to Everglades National Park Project (16 U.S.C. § 410r–8), including a continuous bridge, or additional bridges or some combination thereof, for the Tamiami Trail (U.S. Highway 41) to restore more natural water flow to Everglades National Park and Florida B ay and for the purpose of restoring habitat within the Park and the ecological Study.Bri d ges .


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Page:United States Statutes at Large Volume 123.djvu/729

 123STA T .709PUBLIC LA W 111 –8—M A R .11, 2009 con n e c tiv it yb et w een t h e Park an d the W ater C on s ervation A reas .T he f easibi l ity st u dy and the reco m mendation of the S ecretary shall be submitted to the Con g ress no later than 12 months from the date of enactment of this Act
 * Provide

d fu r th er , That for fiscal year 2 0 0 9 and hereafter , fees p aid by the N ational Park Service to the West Y ellowstone /H ebgen B asin Solid Waste D istrict will be restricted to operations and maintenance costs of the facility, given the capital contribution made by the National Park Service: Provided further, That, notwithstanding any other provision of law, a single procurement for the construction pro j ect at the J efferson M emorial pla z a and seawall in Washington, DC, may be issued which includes the full scope of the project: Provided further, That the solicitation and the contract shall contain the clause ‘ ‘avail - ability of funds ’ ’ found at 48 C FR5 2.2 3 2.18: Provided further, That the National Park Service shall grant funds not to e x ceed $ 3,000,000 to the St. L ouis Metropolitan Park and Recreation Dis- trict for the purpose of planning and constructing a pedestrian bridge to provide safe visitor access to the Jefferson National E xpan- sion Memorial Arch: Provided further, That the unobligated bal- ances in the Federal I nfrastructure Improvement Fund under this heading are permanently rescinded. LAND AND W A TERCO N S ER V AT I ON FU ND ( RESCISSION ) The contract authority provided for fiscal year 2009 by 1 6U .S.C. 460l – 10a is rescinded. LAND AC Q UISITION AND STATE ASSISTANCE (INCLUDIN G RESCISSION OF FUNDS) For expenses necessary to carry out the Land and Water Con- servation Act of 1965, as amended ( 16 U.S.C. 460l–4 through 11 ) , including administrative expenses, and for ac q uisition of lands or waters, or interest therein, in accordance with the statutory authority applicable to the National Park Service, $65,190,000, to be derived from the Land and Water Conservation Fund and to remain available until expended, of which $20,000,000 is for the State assistance program and of which $4,000,000 is available for grants, subject to a match by at least an equal amount, to States, regional entities, local communities, and the private sector for cost-shared fee simple acquisition of land or permanent, protec- tive interests in land, to preserve, conserve, and enhance nationally significant Civil War Battlefields: Provided, That of the unobligated balances under this heading for State Assistance, $1,000,000 are permanently rescinded. UR B AN P AR K AND RECREATION FUND (RESCISSION) O f the unobligated balances available under this heading, $1,300,000 are rescinded. 16USC4 6 0l– 10 anote. St udy . R e c o m menda - t i on s. D ead l ine.


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Page:United States Statutes at Large Volume 123.djvu/730

 123STA T .7 1 0PUBLIC LA W 111 –8—M A R .11, 200 9ADMIN I STR ATI VEP R O VISIONS Inad d it i o ntoot herus es set f orth in se c tion 407( d ) of P u bl ic L a w1 0 5–39 1, franchise fees credited to a sub - account shall be a v ailable for e xp enditure b y the S ecretary, without further appro- priation, for use at any unit within the N ational Par k Syste m to extin g uish or reduce liability for Possessory Interest or leasehold surrender interest . Such funds may only be used for this purpose to the extent that the benefiting unit anticipated franchise fee receipts over the term of the contract at that unit exceed the amount of funds used to extinguish or reduce liability. F ranchise fees at the benefiting unit shall be credited to the sub-account of the originating unit over a period not to exceed the term of a single contract at the benefiting unit, in the amount of funds so expended to extinguish or reduce liability. For fiscal year 2 009 and hereafter, a willing seller from whom the Service ac q uires title to real property may be considered a ‘ ‘displaced person ’ ’ for purposes of the U niform R elocation A ssist- ance and Real Property Acquisition Policy Act and its implementing regulations, whether or not the Service has the authority to acquire such property by eminent domain. For the costs of administration of the Land and W ater C on- servation Fund grants authori z ed by section 105(a)(2)( B ) of the G ulf of M exico E nergy Security Act of 200 6 (Public Law 109– 432), the National Park Service may retain up to 3 percent of the amounts which are authorized to be disbursed under such section, such retained amounts to remain available until expended. Section 3(f) of the Act of August 21, 1935 (16 U.S.C. 463(f)), related to the National Park System Advisory Board, is amended in the first sentence by striking ‘‘2009’’ and inserting ‘‘2010’’. UNITED STATES GEO L O G I C ALS U RVE Y SURVEYS, INVESTIGATIONS, AND RESEARC H For expenses necessary for the United States Geological Survey to perform surveys, investigations, and research covering topog- raphy, geology, hydrology, biology, and the mineral and water resources of the United States, its territories and possessions, and other areas as authorized by 43 U.S.C. 31, 1332, and 1340 classify lands as to their mineral and water resources; give engineering supervision to power permittees and Federal Energy Regulatory Commission licensees; administer the minerals exploration program (30 U.S.C. 641); conduct inquiries into the economic conditions affecting mining and materials processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 9 8 g(1)) and related purposes as author- ized by law; and to publish and disseminate data relative to the foregoing activities; $ 1,043,803,000, to remain available until Sep- tember 30, 2010, of which $64,078,000 shall be available only for cooperation with States or municipalities for water resources inves- tigations; of which $40,150,000 shall remain available until expended for satellite operations; and of which $7,321,000 shall be available until expended for deferred maintenance and capital improvement pro j ects that exceed $100,000 in cost
 * Provide

d ,T hat none of the funds provided for the biological research activity shall be used to conduct new surveys on private property, unless specifi- cally authorized in writing by the property owner: Provided fu r th er, That no part of this appropriation shall be used to pay more 43USC50. 4 2 USC 4 6 0 1note .


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Page:United States Statutes at Large Volume 123.djvu/731

 123STA T .7 11 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9thano n e- ha lf the c o s tofto p o gr aph i c m apping or w ater reso u rces d ata collection and in v estigations carried on in cooperation with S tates and municipalities .ADMIN I STR ATI VEP R O VISIONS F rom within the amount appropriated for activities of the U nited States G eological Surve y such sums as are necessary shall b e available for reimbursement to the General Services A dministra- tion for security guard services contracting for the furnishing of topographic maps and for the ma k ing of geophysical or other special- i z ed surveys when it is administratively determined that such proce- dures are in the public interest; construction and maintenance of necessary buildings and appurtenant facilities; ac q uisition of lands for gauging stations and observation wells; e x penses of the United States N ational C ommittee on Geology; and payment of compensation and expenses of persons on the rolls of the Survey duly appointed to represent the United States in the negotiation and administration of interstate compacts
 * Provide

d ,T hat activities funded by appropriations herein made may be accomplished through the use of contracts , grants, or cooperative agreements as defined in 31 U.S.C. 6 3 02 et seq.: Provided fu r th er, That the United States Geological Survey may enter into contracts or cooperative agree- ments directly with individuals or indirectly with institutions or nonprofit organizations, without regard to 4 1 U.S.C. 5 , for the temporary or intermittent services of students or recent graduates, who shall be considered employees for the purpose of chapters 5 7 and 8 1 of title 5, United States Code, relating to compensation for travel and work in j uries, and chapter 171 of title 28, United States Code, relating to tort claims, but shall not be considered to be Federal employees for any other purposes. M INERA L S MANA G EMENT SERVI C E RO Y ALTY AND O F FS H ORE MINERALS MANAGEMENT For expenses necessary for minerals leasing and environmental studies, regulation of industry operations, and collection of royalties, as authorized by law; for enforcing laws and regulations applicable to oil, gas, and other minerals leases, permits, licenses and oper- ating contracts; for energy-related or other authorized marine- related purposes on the O uter Continental Shelf; and for matching grants or cooperative agreements, $ 157,373,000, to remain available until September 30, 2010, of which $86,684,000 shall be available for royalty management activities; and an amount not to exceed $146,730,000, to be credited to this appropriation and to remain available until expended, from additions to receipts resulting from increases to rates in effect on August 5, 1 9 93, and from cost recovery fees: Provided, That in fiscal year 2009 and each fiscal year there- after, fees and charges authorized by 31 U.S.C. 9701 may be col- lected only to the extent provided in advance in appropriations Acts: Provided further, That notwithstanding 31 U.S.C. 3302, in fiscal year 2009, such amounts as are assessed under 31 U.S.C. 9701 shall be collected and credited to this account and shall be available until expended for necessary expenses: Provided fur - ther, That to the extent $146,730,000 in addition to receipts are not realized from the sources of receipts stated above, the amount needed to reach $146,730,000 shall be credited to this appropriation 30USC1759.


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Page:United States Statutes at Large Volume 123.djvu/732

 123STA T .7 12 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9from r ec e ipts res ul ti ng from rent a l rates for O uter C ontinental Sh elf leases in effect b efore A ugust 5,19 9 3:Provide d fu r th er ,T hat the term ‘ ‘ q ualifie d Outer Continental Shelf re v enues ’ ’, as defined in section 1 02( 9 ) (A) of the G ulf of M e x ico E nerg y Security Act, division C of P ublic L a w 109 –4 32, shall include only the portion of rental revenues that would have been collected at the rental rates in effect before August 5, 1993: Provided further, That not to exceed $ 3,000 shall be available for reasonable expenses related to promoting volunteer beach and marine cleanup activities: Pro - vided further, That notwithstanding any other provision of law, $15,000 under this heading shall be available for refunds of overpay - ments in connection with certain I ndian leases in which the D irector of MMS concurred with the claimed refund due, to pay amounts owed to Indian allottees or tribes, or to correct prior unrecoverable erroneous payments .OILSP ILL RE SE A R CHF or necessary expenses to carry out title I, section 101 6, title I V , sections 4202 and 4303, title VII, and title VIII, section 8 201 of the Oil Pollution Act of 1990, $6,303,000, which shall be derived from the Oil Spill Liability Trust Fund, to remain available until expended. A DM I N IS T RATI V E PROVISION N otwithstanding the provisions of section 35(b) of the Mineral Leasing Act, as amended (30 U .S.C. 191(b)), the Secretary shall deduct 2 percent from the amount payable to each State in fiscal year 2009 and deposit the amount deducted to miscellaneous receipts of the Treasury. O F FICE OF S U RFACE MININ GR ECLAMATION AND ENFORCEMENT REGULATION AND TECHNOLOG Y For necessary expenses to carry out the provisions of the Sur- face Mining Control and Reclamation Act of 19 7 7, Public Law 95–87, as amended, $120,156,000, to remain available until Sep- tember 30, 2010: Provided, That, in fiscal year 2009 and thereafter, the Secretary of the Interior, pursuant to regulations, may use directly or through grants to States, moneys collected for civil penalties assessed under section 518 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands adversely affected by coal mining practices after August 3, 1977, to remain available until expended: Provided further, That appro- priations for the Office of Surface Mining Reclamation and Enforce- ment may provide for the travel and per diem expenses of State and tribal personnel attending Office of Surface Mining Reclamation and Enforcement sponsored training. A B ANDONED MINE RECLAMATION FUND ( INCLUDING RESCISSION OF FUNDS ) For necessary expenses to carry out title IV of the Surface Mining Control and Reclamation Act of 1977, Public Law 95–87, as amended, $52,946,000, to be derived from receipts of the Aban- doned Mine Reclamation Fund and to remain available until 30USC12 11 note. 30 USC 130 8a . D e fi nition.


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Page:United States Statutes at Large Volume 123.djvu/733

 123STA T .7 13 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9exp e nd ed
 * Provide

d ,That p urs uant t oP u blicL a w97–365, the D epart m ent o f the I nterior is authori z edtouseupto 20 percent from the reco v er y of the delin q uent debt owed to the U nited S tates G overnment to pay for contracts to collect these debts: Provided fu r th er, That in fiscal year 2009 and hereafter, the State of M ary - land may set aside the g reater of $1 ,000,000 or 10 percent of the total of the grants made available to the State under title I V of the A ct, if the amount set aside is deposited in an acid mine drainage abatement and treatment fund established under a State law, pursuant to which law the amount, together with all interest earned on the amount, is expended by the State to underta k e acid mine drainage abatement and treatment pro j ects, except that before any amounts greater than 10 percent of its title IV grants are deposited in an acid mine drainage abatement and treatment fund, the State of Maryland must first complete all Surface Mining C ontrol and R eclamation Act priority one projects: Provided further, That of the unobligated balances avail- able under this heading, $ 8 ,500,000 are permanently rescinded: Provided further, That amounts provided under this heading may be used for the travel and per diem expenses of State and tribal personnel attending O ffice of Surface Mining Reclamation and E nforcement sponsored training .ADMIN I STR ATI VEP R O VISION W ith funds available for the Technical Innovation and Profes- sional Services program in this Act, the Secretary may transfer title for computer hardware, software and other technical equipment to State and tribal regulatory and reclamation programs. BU REAU O F INDIAN AFFAIRS OPERATION OF INDIAN PRO G RAMS ( IN CL UDING TRANSFER OF FUNDS )F or expenses necessary for the operation of Indian programs, as authorized by law, including the Snyder Act of N ovember 2, 1921 ( 25 U.S.C. 13 ) , the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 4 50 et seq.), as amended, the Education Amendments of 1978 (25 U.S.C. 2001–2019), and the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.), as amended, $2,128,630,000, to remain available until September 30, 2010 except as otherwise provided herein of which not to exceed $8,500 may be for official reception and representation expenses; of which not to exceed $74,915,000 shall be for welfare assistance payments: Provided, That in cases of designated Federal disasters, the Secretary may exceed such cap, from the amounts provided herein, to provide for disaster relief to Indian communities affected by the disaster; notwithstanding any other provision of law, including but not limited to the Indian Self-Determination Act of 1975, as amended, not to exceed $147,294,000 shall be available for payments for contract support costs associated with ongoing contracts, grants, compacts, or annual funding agreements entered into with the Bureau prior to or during fiscal year 2009, as authorized by such Act, except that tribes and tribal organiza- tions may use their tribal priority allocations for unmet contract support costs of ongoing contracts, grants, or compacts, or annual


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Page:United States Statutes at Large Volume 123.djvu/734

 123STA T .7 1 4PUBLIC LA W 111 –8—M A R .11, 2 0 0 9fundi n ga g re e m en ts and f o r unmet w e l fare assistan c e costs of w h ichnottoe x ceed $49 9, 4 70 ,000 for school o p erations costs of B ureau - funded schools and other education programs shall b ecome a v ailable on J ul y1 , 2 009, and shall remain available until S ep- tember 3 0, 2010; and of which not to exceed $ 58, 6 23,000 shall remain available until expended for housing improvement, road maintenance, attorney fees, litigation support, the I ndian Self- D etermination F und, land records improvement, and the N ava j o- H opi Settlement P rogram
 * Provide

d fu r th er, T hat notwithstanding any other provision of law, including but not limited to the Indian Self-Determination A ct of 1975, as amended, and 25 U. S. C . 2008, not to exceed $43,373,000 within and only from such amounts made available for school operations shall be available for adminis- trative cost grants associated with ongoing grants entered into with the Bureau prior to or during fiscal year 2008 for the operation of Bureau-funded schools, and up to $500,000 within and only from such amounts made available for administrative cost grants shall be available for the transitional costs of initial administrative cost grants to grantees that assume operation on or after July 1, 2008, of Bureau-funded schools: Provided further , That any for- estry funds allocated to a tribe which remain unobligated as of September 30, 2010, may be transferred during fiscal year 2011 to an Indian forest land assistance account established for the benefit of the holder of the funds within the holder ’ s trust fund account: Provided further, That any such unobligated balances not so transferred shall expire on September 30, 2011. CONSTRU CT I ON ( INC L U D IN G TR A NS FE R OF FUNDS ) For construction, repair, improvement, and maintenance of irrigation and power systems, buildings, utilities, and other facili- ties, including architectural and engineering services by contract; ac q uisition of lands, and interests in lands; and preparation of lands for farming, and for construction of the Navajo Indian Irriga- tion Project pursuant to Public L aw 87 – 483, $217,688,000, to remain available until expended: Provided, That such amounts as may be available for the construction of the Navajo Indian Irrigation Project may be transferred to the Bureau of R eclamation: Provided further, That not to exceed 6 percent of contract authority available to the Bureau of Indian Affairs from the Federal Highway Trust Fund may be used to cover the road program management costs of the Bureau: Provided further, That any funds provided for the Safety of Dams program pursuant to 25 U.S.C. 13 shall be made available on a nonreimbursable basis: Provided further, That for fiscal year 2009, in implementing new construction or facilities improvement and repair project grants in excess of $100,000 that are provided to grant schools under Public Law 100–297, as amended, the Secretary of the Interior shall use the Administrative and Audit Requirements and Cost Principles for Assistance Pro- grams contained in 43 CFR part 12 as the regulatory requirements: Provided further, That such grants shall not be subject to section 12.61 of 43 CFR; the Secretary and the grantee shall negotiate and determine a schedule of payments for the wor k to be performed: Provided further, That in considering grant applications, the Sec- retary shall consider whether such grantee would be deficient in assuring that the construction projects conform to applicable Negotia tio n.Exp i r ation d ate.


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Page:United States Statutes at Large Volume 123.djvu/735

 123STA T .7 1 5PUBLIC LA W 111 –8—M A R .11, 2 0 0 9build i ngsta nda r ds and co d e s and F ederal , tribal, or S tate h ealth and sa f et y standards as re q uired by 25U. S. C .2 0 05 ( b ) , w ith res p ect to organi z ational and financial m anagement capabilities
 * Provide

d fu r th er ,T hat if the Secretary declines a grant application, the Secretary shall follow the requirements contained in 25 U.S.C. 250 4 (f): Provided further, That any disputes between the Secretary and any grantee concerning a grant shall be sub j ect to the disputes pro v ision in 25 U.S.C. 250 7 (e): Provided further, That in order to ensure timely completion of construction projects, the Secretary may assume control of a project and all funds related to the project, if, within eighteen months of the date of enactment of this A ct, any grantee receiving funds appropriated in this Act or in any prior Act, has not completed the planning and design phase of the project and commenced construction: Provided further, That this appropriation may be reimbursed from the O ffice of the Special Trustee for American I ndians appropriation for the appropriate share of construction costs for space e x pansion needed in agency offices to meet trust reform implementation. IND I A N L AND AND W A TERC LAI MS ETTLEMENTS AND MISCELLANE OU S P A Y MENTS TO INDIANS For payments and necessary administrative expenses for implementation of Indian land and water claim settlements pursu - ant to P ublic L aws 9 9 – 2 6 4, 1 00–5 8 0, 101–618, 108–447, 109– 3 79, and 109–479, and for implementation of other land and water rights settlements, $ 21,627,000, to remain available until expended. INDIAN G UARANTEED LOAN PROGRAM ACCOUNT For the cost of guaranteed loans, $8,186,000, of which $1,600,000 is for administrative expenses, as authorized by the Indian Financing Act of 1974, as amended: Provided, That of the amounts provided herein for administrative expenses, $500,000 is for the modernization of a management and accounting system: Provided further, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional B udget Act of 1974: Provided further, That these funds are available to subsidize total loan principal, any part of which is to be guaran- teed, not to exceed $85,200,517. ADMINISTRATI V E PROVISIONS The Bureau of Indian Affairs may carry out the operation of Indian programs by direct expenditure, contracts, cooperative agreements, compacts and grants, either directly or in cooperation with States and other organizations. N otwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs may contract for services in support of the management, operation, and maintenance of the Power D ivision of the San Carlos Irrigation Project. Appropriations for the Bureau of Indian Affairs (except the R evolving Fund for Loans Liquidating Account, Indian Loan G uar- anty and Insurance Fund Liquidating Account, Indian Guaranteed Loan Financing Account, Indian Direct Loan Financing Account, and the Indian Guaranteed Loan Program account) shall be avail- able for expenses of exhibits.


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Page:United States Statutes at Large Volume 123.djvu/736

 123STA T .7 1 6PUBLIC LA W 111 –8—M A R .11, 2 0 0 9Notwi t hs t and in g an y oth erp ro v ision o fl aw , nof u nds availa b le to the B ureau of I ndian A ffairs for c entral office oversight and Ex ecutive D irection and Ad m inistrative S ervices ( except executive direction and administrative services funding for T ribal P riority Allocations, regional offices, and facilities operations and mainte - nance ) shall be available for contracts, grants, compacts, or coopera- tive agreements with the Bureau of Indian Affairs under the provi- sions of the Indian Self-Determination Act or the Tribal Self- G overn- ance Act of 19 9 4 (Public L aw1 03– 413) . In the event any tribe returns appropriations made available by this Act to the Bureau of Indian Affairs, this action shall not diminish the F ederal Government ’ s trust responsibility to that tribe, or the government-to-government relationship between the U nited States and that tribe, or that tribe’s ability to access future appro- priations. Notwithstanding any other provision of law, no funds available to the Bureau, other than the amounts provided herein for assist- ance to public schools under 25 U.S. C . 452etse q ., shall be available to support the operation of any elementary or secondary school in the State of Alas k a. Appropriations made available in this or any other Act for schools funded by the Bureau shall be available only to the schools in the Bureau school system as of September 1, 199 6 . No funds available to the Bureau shall be used to support expanded grades for any school or dormitory beyond the grade structure in place or approved by the Secretary of the Interior at each school in the Bureau school system as of O ctober 1, 1995. Funds made available under this Act may not be used to establish a charter school at a Bureau-funded school (as that term is defined in section 1146 of the Education Amendments of 19 78 (25 U.S.C. 2026)), except that a charter school that is in existence on the date of the enactment of this Act and that has operated at a Bureau- funded school before September 1, 1999, may continue to operate during that period, but only if the charter school pays to the Bureau a pro rata share of funds to reimburse the Bureau for the use of the real and personal property (including buses and vans), the funds of the charter school are kept separate and apart from Bureau funds, and the Bureau does not assume any obligation for charter school programs of the State in which the school is located if the charter school loses such funding. Employees of Bureau-funded schools sharing a campus with a charter school and performing functions related to the charter schools operation and employees of a charter school shall not be treated as Federal employees for purposes of chapter 171 of title 28, United States Code. Notwithstanding any other provision of law, including section 113 of title I of appendix C of Public Law 106–113, if in fiscal year 2003 or 2004 a grantee received indirect and administrative costs pursuant to a distribution formula based on section 5(f) of Public Law 101–301, the Secretary shall continue to distribute indirect and administrative cost funds to such grantee using the section 5(f) distribution formula. Charte r sc h o o l s .


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Page:United States Statutes at Large Volume 123.djvu/737

 123STA T .7 17 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9DEPARTM E N TA LOF F IC E S OFFICE O FT H E S ECRETAR Y SALARIES AN D E X PENSES Fornec e s s a r y e xp enses f or m ana g emen t oft h e Department of the I nter i or ,$107, 264 ,000 of w hich not to excee d $1 5 ,000 may b e for officia l reception and representation expenses; and of which u p to $1,000,000 shall be a v ailable for wor k ers compensation pay - ments and unemployment compensation payments associated with the orderly closure of the U nited States B ureau of M ines
 * Provide

d ,T hat, for fiscal year 200 9 up to $400,000 of the payments authori z ed by the A ct of October 20, 1976, as amended (3 1U . S. C . 6901 – 6907 ) may be retained for administrative expenses of the P ayments in L ieu of Taxes Program: Provided fu r th er, That no payment shall be made pursuant to that Act to otherwise eligible units of local government if the computed amount of the payment is less than $100. MANA G EMENT OF FEDERAL LANDS FOR S UB SISTENCE USES ( RESCISSION ) The unobligated balances under this heading as of the date of enactment of this provision are permanently rescinded. INSULAR AFFAIRS ASSISTANCE TO TERRITORIES For expenses necessary for assistance to territories under the j urisdiction of the Department of the Interior, $7 8 ,665,000, of which: (1) $69,815,000 shall remain available until expended for technical assistance, including maintenance assistance, disaster assistance, insular management controls, coral reef initiative activities, and brown tree snake control and research; grants to the judiciary in American Samoa for compensation and expenses, as authorized by law (48 U.S.C. 1661(c)); grants to the G overnment of American Samoa, in addition to current local revenues, for construction and support of governmental functions; grants to the Government of the V irgin Islands as authorized by law; grants to the Government of Guam, as authorized by law; and grants to the Government of the N orthern Mariana Islands as authorized by law (Public Law 94–241; 90 Stat. 272); and (2) $8,850,000 shall be available until September 30, 2010 for salaries and expenses of the Office of Insular Affairs: Provided, That all financial transactions of the territorial and local governments herein provided for, including such transactions of all agencies or instrumentalities established or used by such governments, may be audited by the Government Accountability Office, at its discretion, in accordance with chapter 35 of title 31, United States Code: Provided further, That Northern Mariana Islands Covenant grant funding shall be provided according to those terms of the Agreement of the Special R epresent- atives on Future United States Financial Assistance for the Northern Mariana Islands approved by Public Law 104–134: Pro - vided further, That of the amounts provided for technical assistance, sufficient funds shall be made available for a grant to the Pacific Basin Development Council: Provided further, That of the amounts CloseUpF o undati on .P a c i f ic B asin D e v elop m ent Council. 48 U S C 1 4 69b .


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Page:United States Statutes at Large Volume 123.djvu/738

 123STA T .7 1 8PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9provide d f or t e chn ic al a s sistance , s u fficient fundin g shall b e m ade available for a grant to the C lose U p F oundation
 * Provide

d fu r th er, T hat the funds for the program of operations and maintenance improvement are appropriated to institutionali z e routine operations and maintenance improvement of capital infrastructure w ith terri - torial participation and cost sharing to be determined b y the S ec- retary based on the grantee ’ s commitment to timely maintenance of its capital assets: Provided further, That any appropriation for disaster assistance under this heading in this A ct or previous appro- priations Acts may be used as non-Federal matching funds for the purpose of hazard mitigation grants provided pursuant to sec- tion 40 4ofthe R obert T. Stafford D isaster Relief and E mergency Assistance Act ( 4 2 U.S.C. 517 0c ) . COMPA C T O F F RE EA S SOC I ATIO N For grants and necessary e x penses, $ 5, 3 1 8 ,000, to remain avail- able until expended, as provided for in sections 221(a)(2), 221(b), and 233 of the Compact of Free Association for the Republic of P alau and section 221(a)(2) of the Compacts of Free Association for the G overnment of the Republic of the M arshall I slands and the Federated States of Micronesia, as authorized by Public L aw 9 9 –6 58 and Public Law 108–188. O FFICE OF T H ESO L ICITOR SALARIES AN D E X PENSES For necessary expenses of the Office of the Solicitor, $62,050,000. OFFICE OF INSPECTOR GENERAL SALARIES AND EXPENSES For necessary expenses of the Office of Inspector General, $45,953,000. OFFICE OF THE SPECIAL TR U STEE FOR AMERICAN INDIANS FEDERAL TRUST PRO G RAMS ( INCLUDING TRANSFER OF FUNDS ) For the operation of trust programs for Indians by direct expenditure, contracts, cooperative agreements, compacts, and grants, $181,648,000, to remain available until expended, of which not to exceed $56,445,000 from this or any other Act, shall be available for historical accounting: Provided, That funds for trust management improvements and litigation support may, as needed, be transferred to or merged with the B ureau of Indian Affairs, ‘ ‘Operation of Indian Programs’’ account; the Office of the Solicitor, ‘‘Salaries and Expenses’’ account; and the Office of the Secretary, ‘‘Salaries and Expenses’’ account: Provided further, That funds made available through contracts or grants obligated during fiscal year 2009, as authorized by the Indian Self-Determination Act of 1975 (25 U.S.C. 450 et se q .), shall remain available until expended by the contractor or grantee: Provided further, That, notwithstanding any other provision of law, the statute of limitations shall not


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Page:United States Statutes at Large Volume 123.djvu/739

 123STA T .7 1 9PUBLIC LA W 111 –8—M A R .11, 2 0 09 com m en ce t o ru non a n y c l a i m , inclu d in g any claim in litigation p ending on t h edateo f the enactment of thi sA ct, concerning losses to or mismanagement of trust funds, until the affected tri b eor indi v idual I ndian has been furnished w ith an accounting of such funds from which the beneficiary can determine whether there has been a loss
 * Provide

d fu r th er, T hat, notwithstanding any other provision of law, the S ecretary shall not be re q uired to provide a quarterly statement of performance for any Indian trust account that has not had activity for at least 18 months and has a balance of $ 1 5.0 0 or less: Provided further, That the Secretary shall issue an annual account statement and maintain a record of any such accounts and shall permit the balance in each such account to be withdrawn upon the e x press written request of the account holder: Provided further, That not to exceed $50,000 is available for the Secretary to ma k e payments to correct administrative errors of either disbursements from or deposits to Individual Indian M oney or Tribal accounts after September 3 0, 2 002: Provided further, That erroneous payments that are recovered shall be credited to and remain available in this account for this purpose: Provided further , That not to exceed $ 6 ,000,000 may be transferred from unobligated balances ( Treasury Accounts 1 4X 603 9, 14X6803 and 14X8030 ) for the purpose of one - time accounting reconciliations of the balances, as sanctioned by the C hief F inancial O fficers Act of 1990, American Indian Trust Fund Management R eform Act of 1994 and the Federal Managers ’ Financial Integrity Act (FMFIA). DEPARTM E N T- WID E P R OG RAM S WI L DLAND F IRE MANAGEMENT ( IN C L U DING TRANSFERS OF FUNDS ) For necessary expenses for fire preparedness, suppression oper- ations, fire science and research, emergency rehabilitation, ha z - ardous fuels reduction, and rural fire assistance by the Department of the Interior, $859,453,000, to remain available until expended, of which not to exceed $6,13 7 ,000 shall be for the renovation or construction of fire facilities: Provided, That such funds are also available for repayment of advances to other appropriation accounts from which funds were previously transferred for such purposes: Provided further, That persons hired pursuant to 43 U .S.C. 1469 may be furnished subsistence and lodging without cost from funds available from this appropriation: Provided further, That notwith- standing 42 U.S.C. 1856d, sums received by a bureau or office of the Department of the Interior for fire protection rendered pursu- ant to 42 U.S.C. 1856 et seq., protection of United States property, may be credited to the appropriation from which funds were expended to provide that protection, and are available without fiscal year limitation: Provided further, That using the amounts designated under this title of this Act, the Secretary of the Interior may enter into procurement contracts, grants, or cooperative agree- ments, for hazardous fuels reduction activities, and for training and monitoring associated with such hazardous fuels reduction activities, on Federal land, or on ad j acent non-Federal land for activities that benefit resources on Federal land: Provided further, That 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, Deadlin e .Ac c ou n ts tate m ent. R eco r ds.


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Page:United States Statutes at Large Volume 123.djvu/740

 123STA T .7 2 0PUBLIC LA W 111 –8—M A R .11, 200 9Thatno t wi th s tan d in grequ ire m ents o f the C om p etition in Con - tra c ting A ct , the S ecretar y , for purposes of ha z ardous fue l s reduc- tion acti v ities, may o b tain ma x imum practicable competition among
 * (1)

local private, nonprofit, or cooperative entities ( 2 ) Y outh Con- servation Corps crews, P ublic L ands Corps (Public Law 1 09– 1 54 ), or related partnerships with State, local, or non-profit youth groups; ( 3 ) small or micro-businesses; or (4) other entities that will hire or train locally a significant percentage, defined as 50 percent or more, of the pro j ect wor k force to complete such contracts: Pro-vide d fu r th er, That in implementing this section, the Secretary shall develop written guidance to field units to ensure accountability and consistent application of the authorities provided herein: Pro- vided further, That funds appropriated under this head may be used to reimburse the U nited States F ish and W ildlife Service and the N ational M arine Fisheries Service for the costs of carrying out their responsibilities under the E ndangered Species Act of 19 7 3 (1 6 U . S.C. 1531 et seq.) to consult and conference, as required by section 7 of such Act, in connection with wildland fire manage- ment activities: Provided further, That the Secretary of the I nterior may use wildland fire appropriations to enter into non-competitive sole source leases of real property with local governments, at or below fair market value, to construct capitalized improvements for fire facilities on such leased properties, including but not limited to fire guard stations, retardant stations, and other initial attack and fire support facilities, and to make advance payments for any such lease or for construction activity associated with the lease: Provided further, That the Secretary of the Interior and the Sec- retary of Agriculture may authorize the transfer of funds appro- priated for wildland fire management, in an aggregate amount not to exceed $ 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 funds provided for wildfire suppression shall be available for support of Federal emergency response actions. CENTRALH A Z AR DOUSM ATER I ALS F UND For necessary expenses of the Department of the Interior and any of its component offices and bureaus for the remedial action, including associated activities, of hazardous waste substances, pollutants, or contaminants pursuant to the Comprehensive Environmental R esponse, Compensation, and Liability Act, as amended (42 U.S.C. 9601 et seq.), $10,14 8 ,000, to remain available until expended. NATURAL RESOURCE DAMA G E ASSESSMENT AND RESTORATION NATURAL RESOURCE DAMAGE ASSESSMENT FUND To conduct natural resource damage assessment and restora- tion activities by the Department of the Interior necessary to carry out the provisions of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (42 U.S.C. 9601 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.), the O il Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and Public Law 101–337, as amended (16 U.S.C. 19jj et seq.), $6,338,000, to remain available until expended. Guidance.


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Page:United States Statutes at Large Volume 123.djvu/741

 123STA T .7 21 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9WORKINGCAP I T A LFU N DFortheacquis itio n o f a d e p art m enta l financial and b usiness mana g ement s y stem ,$73, 4 3 5 , 0 00, to remain a v ailable until e x pended
 * Provide

d, T hat none of the funds in this A ct or previous appropriations Acts may be used to establish reserves in the W or k ing C apital Fund account other than for accrued annual leave and depreciation of equipment w ithout prior approval of the H ouse and S enate Committees on Appropriations . AD M INI S TRATI VE PROVISIONS There is hereby authori z ed for acquisition from available resources within the Working Capital Fund, 1 5 aircraft, 10 of which shall be for replacement and which may be obtained by donation, purchase or through available excess surplus property: Provided , That existing aircraft being replaced may be sold, with proceeds derived or trade - in value used to offset the purchase price for the replacement aircraft. G ENERAL P ROVISIONS, D EPARTMENT OF T H E I NTERIOR ( INCLUDING TRANSFERS OF FUNDS ) SEC. 101. Appropriations made in this title shall be available for expenditure or transfer ( within each bureau or office ) , with the approval of the Secretary, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facili- ties or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: Provided, That no funds shall be made available under this authority until funds specifically made avail- able to the Department of the Interior for emergencies shall have been exhausted: Provided fu r th er, That all funds used pursuant to this section must be replenished by a supplemental appropriation which must be requested as promptly as possible. SEC. 10 2 . The Secretary may authorize the expenditure or transfer of any no year appropriation in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of wildland fires on or threatening lands under the j urisdiction of the Depart- ment of the Interior for the emergency rehabilitation of burned- over lands under its jurisdiction; for emergency actions related to potential or actual earthquakes, floods, volcanoes, storms, or other unavoidable causes; for contingency planning subsequent to actual oil spills; for response and natural resource damage assess- ment activities related to actual oil spills; for the prevention, suppression, and control of actual or potential grasshopper and M ormon cricket outbreaks on lands under the jurisdiction of the Secretary, pursuant to the authority in section 1773(b) of Public L aw 9 9 – 19 8 (99 Stat. 1 6 58); for emergency reclamation projects under section 410 of Public Law 95–87; and shall transfer, from any no year funds available to the O ffice of Surface Mining R eclama- tion and E nforcement, such funds as may be necessary to permit assumption of regulatory authority in the event a primacy State is not carrying out the regulatory provisions of the Surface Mining Act: Provided, That appropriations made in this title for wildland fire operations shall be available for the payment of obligations incurred during the preceding fiscal year, and for reimbursement