[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2996 Enrolled Bill (ENR)]
H.R.2996
One Hundred Eleventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the sixth day of January, two thousand and nine
An Act
Making appropriations for the Department of the Interior, environment,
and related agencies for the fiscal year ending September 30, 2010, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
references

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expenditure or transfer (within each bureau or office), with the
approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to this
section must be replenished by a supplemental appropriation which must
be requested as promptly as possible.
emergency transfer authority--department-wide

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TITLE I

-DEPARTMENT OF THE INTERIOR

of any no year appropriation in this title, in addition to the amounts
included in the budget programs of the several agencies, for the
suppression or emergency prevention of wildland fires on or threatening
lands under the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its jurisdiction;
for emergency actions related to potential or actual earthquakes,
floods, volcanoes, storms, or other unavoidable causes; for contingency
planning subsequent to actual oil spills; for response and natural
resource damage assessment activities related to actual oil spills; for
the prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in section
1773(b) of Public Law 99-198 (99 Stat. 1658); for emergency reclamation
projects under section 410 of Public Law 95-87; and shall transfer,
from any no year funds available to the Office of Surface Mining
Reclamation and Enforcement, 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 to other
Federal agencies for destruction of vehicles, aircraft, or other
equipment in connection with their use for wildland fire operations,
such reimbursement to be credited to appropriations currently available
at the time of receipt thereof: Provided further, That for wildland
fire operations, no funds shall be made available under this authority
until the Secretary determines that funds appropriated for ``wildland
fire operations'' and ``FLAME Wildfire Suppression Reserve Fund'' shall
be exhausted within 30 days: Provided further, That all funds used
pursuant to this section must be replenished by a supplemental
appropriation which must be requested as promptly as possible: Provided
further, That such replenishment funds shall be used to reimburse, on a
pro rata basis, accounts from which emergency funds were transferred.
authorized use of funds

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this title shall be available for services as authorized by 5 U.S.C.
3109, when authorized by the Secretary, in total amount not to exceed
$500,000; purchase and replacement of motor vehicles, including
specially equipped law enforcement vehicles; hire, maintenance, and
operation of aircraft; hire of passenger motor vehicles; purchase of
reprints; payment for telephone service in private residences in the
field, when authorized under regulations approved by the Secretary; and
the payment of dues, when authorized by the Secretary, for library
membership in societies or associations which issue publications to
members only or at a price to members lower than to subscribers who are
not members.
authorized use of funds

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Bureau of Indian Affairs and Office of the Special Trustee for American
Indians and any unobligated balances from prior appropriations Acts
made under the same headings shall be available for expenditure or
transfer for Indian trust management and reform activities. Total
funding for historical accounting activities shall not exceed amounts
specifically designated in this Act for such purpose.
redistribution of funds

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Secretary of the Interior is authorized to redistribute any Tribal
Priority Allocation funds, including tribal base funds, to alleviate
tribal funding inequities by transferring funds to address identified,
unmet needs, dual enrollment, overlapping service areas or inaccurate
distribution methodologies. No tribe shall receive a reduction in
Tribal Priority Allocation funds of more than 10 percent in fiscal year
2010. Under circumstances of dual enrollment, overlapping service areas
or inaccurate distribution methodologies, the 10 percent limitation
does not apply.
twin cities research center

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the Twin Cities Research Center under the authority provided by Public
Law 104-134, as amended by Public Law 104-208, the Secretary may accept
and retain land and other forms of reimbursement: Provided, That the
Secretary may retain and use any such reimbursement until expended and
without further appropriation: (1) for the benefit of the National
Wildlife Refuge System within the State of Minnesota; and (2) for all
activities authorized by 16 U.S.C. 460zz.
payment of fees

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funds to pay private attorney fees and costs for employees and former
employees of the Department of the Interior reasonably incurred in
connection with Cobell v. Salazar to the extent that such fees and
costs are not paid by the Department of Justice or by private
insurance. In no case shall the Secretary make payments under this
section that would result in payment of hourly fees in excess of the
highest hourly rate approved by the District Court for the District of
Columbia for counsel in Cobell v. Salazar.
mass marking of salmonids

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carrying out its responsibilities to protect threatened and endangered
species of salmon, implement a system of mass marking of salmonid
stocks, intended for harvest, that are released from federally operated
or federally financed hatcheries including but not limited to fish
releases of coho, chinook, and steelhead species. Marked fish must have
a visible mark that can be readily identified by commercial and
recreational fishers.
ellis, governors, and liberty islands

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Secretary of the Interior is authorized to acquire lands, waters, or
interests therein including the use of all or part of any pier, dock,
or landing within the State of New York and the State of New Jersey,
for the purpose of operating and maintaining facilities in the support
of transportation and accommodation of visitors to Ellis, Governors,
and Liberty Islands, and of other program and administrative
activities, by donation or with appropriated funds, including franchise
fees (and other monetary consideration), or by exchange; and the
Secretary is authorized to negotiate and enter into leases, subleases,
concession contracts or other agreements for the use of such facilities
on such terms and conditions as the Secretary may determine reasonable.
prohibition on use of funds

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Railroad Company's Right of Way for conveyance of water shall not
proceed unless the Secretary of the Interior certifies that the
proposed new use is within the scope of the Right of Way.
(b) No funds appropriated or otherwise made available to the
Department of the Interior may be used, in relation to any proposal to
store water underground for the purpose of export, for approval of any
right-of-way or similar authorization on the Mojave National Preserve
or lands managed by the Needles Field Office of the Bureau of Land
Management, or for carrying out any activities associated with such
right-of-way or similar approval.
contribution authority

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further amended by striking ``in fiscal years 2008 and 2009 only'' and
inserting ``in fiscal years 2010 through 2013''.
use of cooperative agreements

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the Secretary of the Interior may enter into cooperative agreements
with a State or political subdivision (including any agency thereof),
or any not-for-profit organization if the agreement will: (1) serve a
mutual interest of the parties to the agreement in carrying out the
programs administered by the Department of the Interior; and (2) all
parties will contribute resources to the accomplishment of these
objectives. At the discretion of the Secretary, such agreements shall
not be subject to a competitive process.
ice age national scenic trail

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by the National Park Service for Ice Age National Scenic Trail may be
used for a grant to a State, a local government, or any other land
management entity for the acquisition of lands without regard to any
restriction on the use of Federal land acquisition funds provided
through the Land and Water Conservation Fund Act of 1965 as amended.
conforming amendment

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and 110 of the Federal Oil and Gas Royalty Management Act (30 U.S.C.
1719 and 1720) shall, for fiscal year 2010 and each fiscal year
thereafter, apply to any lease authorizing exploration for or
development of coal, any other solid mineral, or any geothermal
resource on any Federal or Indian lands and any lease, easement, right
of way, or other agreement, regardless of form, for use of the Outer
Continental Shelf or any of its resources under sections 8(k) or 8(p)
of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(k) and
1337(p)) to the same extent as if such lease, easement, right of way,
or other agreement, regardless of form, were an oil and gas lease,
except that in such cases the term ``royalty payment'' shall include
any payment required by such lease, easement, right of way or other
agreement, regardless of form, or by applicable regulation.
outer continental shelf inspection fees

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(MMS) shall collect a non-refundable inspection fee, which shall be
deposited in the ``Royalty and Offshore Minerals Management'' account,
from the designated operator for facilities subject to inspection by
MMS under 43 U.S.C. 1348(c) that are above the waterline, except mobile
offshore drilling units, and are in place at the start of fiscal year
2010.
(b) Fees for 2010 shall be:
(1) $2,000 for facilities with no wells, but with processing
equipment or gathering lines;
(2) $3,250 for facilities with one to ten wells, with any
combination of active or inactive wells; and
(3) $6,000 for facilities with more than ten wells, with any
combination of active or inactive wells.
(c) MMS will bill designated operators within 60 days of enactment
of this Act, with payment required within 30 days of billing.
prohibition on use of funds, point reyes national seashore

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reduce the number of Axis or Fallow deer at Point Reyes National
Seashore below the number as of the date of enactment of this Act.
yosemite national park authorized payments, amendment

261fd3e11eb3ea6889391bcd49e637b2afb8b1a0b134f0f15e94bdd2a363d585

striking ``2009'' and inserting ``2013''.
san juan island national historic park authorization

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282c), relating to San Juan Island National Historic Park, is amended
by striking ``$5,575,000'' and inserting ``$13,575,000''.
japanese american confinement sites, amendment

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adding after subparagraph (D) the following new subparagraph:
``(E) Heart Mountain, depicted in Figure 6.3 of the Site
Document.''.
northern plains heritage area, amendment

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of 2009 (Public Law 111-11; 123 Stat. 1240) is amended--
(1) by redesignating subsections (g) through (i) as subsections
(h) through (j), respectively;
(2) in subsection (h)(1) (as redesignated by paragraph (1)), in
the matter preceding subparagraph (A), by striking ``subsection
(i)'' and inserting ``subsection (j)''; and
(3) by inserting after subsection (f) the following:
``(g) Requirements for Inclusion and Removal of Property in
Heritage Area.--
``(1) Private property inclusion.--No privately owned property
shall be included in the Heritage Area unless the owner of the
private property provides to the management entity a written
request for the inclusion.
``(2) Property removal.--
``(A) Private property.--At the request of an owner of
private property included in the Heritage Area pursuant to
paragraph (1), the private property shall be immediately
withdrawn from the Heritage Area if the owner of the property
provides to the management entity a written notice requesting
removal.
``(B) Public property.--On written notice from the
appropriate State or local government entity, public property
included in the Heritage Area shall be immediately withdrawn
from the Heritage Area.''.
pearl harbor naval complex, joint ticketing

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(1) Historic attraction.--The term ``historic attraction'' mean
a historic attraction within the Pearl Harbor Naval Complex,
including--
(A) the USS Bowfin Submarine Museum and Park;
(B) the Battleship Missouri Memorial;
(C) the Pacific Aviation Museum-Pearl Harbor; and
(D) any other historic attraction within the Pearl Harbor
Naval Complex that--
(i) the Secretary identifies as a Pearl Harbor historic
attraction; and
(ii) is not administered or managed by the Secretary.
(2) Monument.--The term ``Monument'' means the Word War II
Valor in the Pacific National Monument in the State of Hawaii.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(4) Visitor center.--The term ``Visitor Center'' means the
visitor center located within the Pearl Harbor Naval Complex on
land that is--
(A) within the Monument; and
(B) managed by the Secretary, acting through the Director
of the National Park Service.
(b) Facilitation of Admission to Historic Attractions Within Pearl
Harbor Naval Complex.--
(1) In general.--In managing the Monument, the Secretary may
enter into an agreement with any organization that is authorized to
administer or manage a historic attraction--
(A) to allow visitors to the historic attraction to gain
access to the historic attraction by passing through security
screening at the Visitor Center; and
(B) to allow the sale of tickets to a historic attraction
within the Visitor Center by--
(i) employees of the National Park Service; or
(ii) the organization that administers or manages the
historic attraction.
(2) Terms and conditions.--In any agreement entered into under
paragraph (1), the Secretary--
(A) shall require the organization administering or
managing the historic attraction to pay to the Secretary a
reasonable fee to recover administrative costs of the Secretary
associated with the use of the Visitor Center for public access
and ticket sales;
(B) shall ensure that the liability of the United States is
limited with respect to any liability arising from--
(i) the admission of the public through the Visitor
Center to a historic attraction; and
(ii) the sale or issuance of any tickets to the
historic attraction; and
(C) may include any other terms and conditions that the
Secretary determines to be appropriate.
(3) Use of fees.--The proceeds of any amounts collected as fees
under paragraph (2)(A) shall remain available, without further
appropriation, for use by the Secretary for the Monument.
(4) Limitation of authority.--Nothing in this section
authorizes the Secretary--
(A) to regulate or approve the rates for admission to a
historic attraction;
(B) to regulate or manage any visitor services within the
Pearl Harbor Naval Complex (other than the services managed by
the National Park Service as part of the Monument); or
(C) to charge an entrance fee for admission to the
Monument.
(5) Protection of resources.--Nothing in this section
authorizes the Secretary or any organization that administers or
manages a historic attraction to take any action in derogation of
the preservation and protection of the values and resources of the
Monument.
assistance for the republic of palau

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States Government, through the Secretary of the Interior shall provide
to the Government of Palau for fiscal year 2010 grants in amounts equal
to the annual amounts specified in subsections (a), (c), and (d) of
section 211 of the Compact of Free Association between the Government
of the United States of America and the Government of Palau (48 U.S.C.
1931 note) (referred to in this section as the ``Compact'').
(b) Programmatic Assistance.--Subject to subsection (c), the United
States shall provide programmatic assistance to the Republic of Palau
for fiscal year 2010 in amounts equal to the amounts provided in
subsections (a) and (b)(1) of section 221 of the Compact.
(c) Limitations on Assistance.--
(1) In general.--The grants and programmatic assistance
provided under subsections (a) and (b) shall be provided to the
same extent and in the same manner as the grants and assistance
were provided in fiscal year 2009.
(2) Trust fund.--If the Government of Palau withdraws more than
$5,000,000 from the trust fund established under section 211(f) of
the Compact, amounts to be provided under subsections (a) and (b)
shall be withheld from the Government of Palau.
golden gate national recreation area, fort baker amendment

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enacted into law by section 1000(a)(3) of division B of Public Law 106-
113 is amended by striking the last sentence.
point reyes national seashore, extension of permit

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Drake's Bay Oyster Company's Reservation of Use and Occupancy and
associated special use permit (``existing authorization'') within
Drake's Estero at Point Reyes National Seashore, notwithstanding any
other provision of law, the Secretary of the Interior is authorized to
issue a special use permit with the same terms and conditions as the
existing authorization, except as provided herein, for a period of 10
years from November 30, 2012: Provided, That such extended
authorization is subject to annual payments to the United States based
on the fair market value of the use of the Federal property for the
duration of such renewal. The Secretary shall take into consideration
recommendations of the National Academy of Sciences Report pertaining
to shellfish mariculture in Point Reyes National Seashore before
modifying any terms and conditions of the extended authorization.
Nothing in this section shall be construed to have any application to
any location other than Point Reyes National Seashore; nor shall
anything in this section be cited as precedent for management of any
potential wilderness outside the Seashore.
national park system, special resource study

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to in this section as the ``Secretary'') shall conduct a special
resource study of the national significance, suitability, and
feasibility of including the Honouliuli Gulch and associated sites
within the State of Hawaii in the National Park System.
(b) Guidelines.--In conducting the study, the Secretary shall use
the criteria for the study of areas for potential inclusion in the
National Park System described in section 8 of Public Law 91-383 (16
U.S.C. 1a-5).
(c) Consultation.--In conducting the study, the Secretary shall
consult with--
(1) the State of Hawaii;
(2) appropriate Federal agencies;
(3) Native Hawaiian and local government entities;
(4) private and nonprofit organizations;
(5) private land owners; and
(6) other interested parties.
(d) Themes.--The study shall evaluate the Honouliuli Gulch,
associated sites located on Oahu, and other islands located in the
State of Hawaii with respect to--
(1) the significance of the site as a component of World War
II;
(2) the significance of the site as the site related to the
forcible internment of Japanese Americans, European Americans, and
other individuals; and
(3) historic resources at the site.
(e) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report describing the findings,
conclusions, and recommendations of the study required under this
section.
control of border

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to impede, prohibit, or restrict activities of the Secretary of
Homeland Security on public lands to achieve operational control (as
defined in section 2(b) of the Secure Fence Act of 2006 (8 U.S.C. 1701
note; Public Law 109-367) over the international land and maritime
borders of the United States with respect to section 102(b) of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1103 note).
national heritage area, opt out provision

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National Heritage Area may opt out of participating in any plan,
project, program, or activity conducted within the National Heritage
Area if the property owner provides written notice to the local
coordinating entity.
placement of plaque at world war ii memorial

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Interior shall install in the area of the World War II Memorial in the
District of Columbia a suitable plaque to commemorate the extraordinary
leadership of Senator Robert J. Dole in making the Memorial a reality
on the National Mall: Provided, That the Secretary shall design,
procure, prepare and install the plaque: Provided further, That the
Secretary of the Interior is authorized to accept and expend
contributions toward the cost of preparing and installing the plaque,
without further appropriation: Provided further, That Federal funds may
be used to design, procure, or install the plaque.
martin luther king, jr. memorial authority, extension

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Management Act of 1996, as amended (40 U.S.C. 8903 note; 110 Stat.
4157, 114 Stat. 26, 117 Stat. 1347, 119 Stat. 527, 122 Stat. 5034)
shall be amended by striking ``November 12, 2009'' and inserting
``September 30, 2010''.
john adams memorial authority, extension

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d400fbd1635393fd52e1f59153c3a3d956347ed23a374305f6a89f5abfe3ef7c

any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive Order issued pursuant to existing law.
restriction on use of funds

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be available for any activity or the publication or distribution of
literature that in any way tends to promote public support or
opposition to any legislative proposal on which Congressional action is
not complete other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
obligation of appropriations

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remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
prohibition on use of funds for personal services

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or agency shall be obligated or expended to provide a personal cook,
chauffeur, or other personal servants to any officer or employee of
such department or agency except as otherwise provided by law.
disclosure of administrative expenses

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holdbacks from programs, projects, activities and subactivities to
support government-wide, departmental, agency or bureau administrative
functions or headquarters, regional or central operations shall be
presented in annual budget justifications and subject to approval by
the Committees on Appropriations. Changes to such estimates shall be
presented to the Committees on Appropriations for approval.
giant sequoia

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prepare, or offer for sale timber from trees classified as giant
sequoia (Sequoiadendron giganteum) which are located on National Forest
System or Bureau of Land Management lands in a manner different than
such sales were conducted in fiscal year 2009.
transfer of funds authority

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transferred to any department, agency, or instrumentality of the United
States Government except pursuant to a transfer made by, or transfer
provided in, this Act or any other Act.
mining applications

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or otherwise made available pursuant to this Act shall be obligated or
expended to accept or process applications for a patent for any mining
or mill site claim located under the general mining laws.
(b) Exceptions.--The provisions of subsection (a) shall not apply
if the Secretary of the Interior determines that, for the claim
concerned: (1) a patent application was filed with the Secretary on or
before September 30, 1994; and (2) all requirements established under
sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30)
for vein or lode claims and sections 2329, 2330, 2331, and 2333 of the
Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill site
claims, as the case may be, were fully complied with by the applicant
by that date.
(c) Report.--On September 30, 2010, the Secretary of the Interior
shall file with the House and Senate Committees on Appropriations and
the Committee on Natural Resources of the House and the Committee on
Energy and Natural Resources of the Senate a report on actions taken by
the Department under the plan submitted pursuant to section 314(c) of
the Department of the Interior and Related Agencies Appropriations Act,
1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent applications
in a timely and responsible manner, upon the request of a patent
applicant, the Secretary of the Interior shall allow the applicant to
fund a qualified third-party contractor to be selected by the Bureau of
Land Management to conduct a mineral examination of the mining claims
or mill sites contained in a patent application as set forth in
subsection (b). The Bureau of Land Management shall have the sole
responsibility to choose and pay the third-party contractor in
accordance with the standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.
contract support costs

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appropriated to or otherwise designated in committee reports for the
Bureau of Indian Affairs and the Indian Health Service by Public Laws
103-138, 103-332, 104-134, 104-208, 105-83, 105-277, 106-113, 106-291,
107-63, 108-7, 108-108, 108-447, 109-54, 109-289, division B and
Continuing Appropriations Resolution, 2007 (division B of Public Law
109-289, as amended by Public Laws 110-5 and 110-28), Public Laws 110-
92, 110-116, 110-137, 110-149, 110-161, 110-329, 111-6, and 111-8 for
payments for contract support costs associated with self-determination
or self-governance contracts, grants, compacts, or annual funding
agreements with the Bureau of Indian Affairs or the Indian Health
Service as funded by such Acts, are the total amounts available for
fiscal years 1994 through 2009 for such purposes, except that the
Bureau of Indian Affairs, tribes and tribal organizations may use their
tribal priority allocations for unmet contract support costs of ongoing
contracts, grants, self-governance compacts, or annual funding
agreements.
forest management plans

6a0d27ffa420758a9c9c03e040de1f4e073fa139db453e351ad01ca188b30a6e

be in violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A))
solely because more than 15 years have passed without revision of the
plan for a unit of the National Forest System. Nothing in this section
exempts the Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or
any other law: Provided, That if the Secretary is not acting
expeditiously and in good faith, within the funding available, to
revise a plan for a unit of the National Forest System, this section
shall be void with respect to such plan and a court of proper
jurisdiction may order completion of the plan on an accelerated basis.
prohibition within national monuments

4ac3509101d1479bf165a92850335d40e1fdeb94ecf1367817054bc11eaa2be0

preleasing, leasing and related activities under either the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431
et seq.) as such boundary existed on January 20, 2001, except where
such activities are allowed under the Presidential proclamation
establishing such monument.
international firefighter cooperative agreements

57dc46c8e1b95d498cf9ddd4f20759056364d33aa997ee75c8f88967f67ff138

organizations pursuant to the Temporary Emergency Wildfire Suppression
Act (42 U.S.C. 1856m-1856o), the Secretary of Agriculture and the
Secretary of the Interior are authorized to enter into reciprocal
agreements in which the individuals furnished under said agreements to
provide wildfire services are considered, for purposes of tort
liability, employees of the fire organization receiving said services
when the individuals are engaged in fire suppression or presuppression:
Provided, That the Secretary of Agriculture or the Secretary of the
Interior shall not enter into any agreement under this provision unless
the foreign fire organization agrees to assume any and all liability
for the acts or omissions of American firefighters engaged in fire
suppression or presuppression in a foreign country: Provided further,
That when an agreement is reached for furnishing fire suppression or
presuppression services, the only remedies for acts or omissions
committed while engaged in fire suppression or presuppression shall be
those provided under the laws applicable to the fire organization
receiving the fire suppression or presuppression services, and those
remedies shall be the exclusive remedies for any claim arising out of
fire suppression or presuppression activities in a foreign country:
Provided further, That neither the sending country nor any legal
organization associated with the firefighter shall be subject to any
legal action, consistent with the applicable laws governing sovereign
immunity, pertaining to or arising out of the firefighter's role in
fire suppression or presuppression, except that if the foreign fire
organization is unable to provide immunity under laws applicable to it,
it shall assume any and all liability for the United States or for any
legal organization associated with the American firefighter, and for
any and all costs incurred or assessed, including legal fees, for any
act or omission pertaining to or arising out of the firefighter's role
in fire suppression or presuppression.
contracting authorities

a963a92906f7c24e299821ce27e5ce677581759b5e19cceaa2d97def07b44163

by this Act, notwithstanding Federal Government procurement and
contracting laws, the Secretary of Agriculture and the Secretary of the
Interior (the ``Secretaries'') may, in evaluating bids and proposals,
give consideration to local contractors who are from, and who provide
employment and training for, dislocated and displaced workers in an
economically disadvantaged rural community, including those
historically timber-dependent areas that have been affected by reduced
timber harvesting on Federal lands and other forest-dependent rural
communities isolated from significant alternative employment
opportunities: Provided, That notwithstanding Federal Government
procurement and contracting laws the Secretaries may award contracts,
grants or cooperative agreements to local non-profit entities, Youth
Conservation Corps or related partnerships with State, local or non-
profit youth groups, or small or micro-business or disadvantaged
business: Provided further, That the contract, grant, or cooperative
agreement is for forest hazardous fuels reduction, watershed or water
quality monitoring or restoration, wildlife or fish population
monitoring, or habitat restoration or management: Provided further,
That the terms ``rural community'' and ``economically disadvantaged''
shall have the same meanings as in section 2374 of Public Law 101-624:
Provided further, That the Secretaries shall develop guidance to
implement this section: Provided further, That nothing in this section
shall be construed as relieving the Secretaries of any duty under
applicable procurement laws, except as provided in this section.
limitation on takings

4ad7e6bc10a12f00f805905b69f97c4362bf6f8df594d406ea745df838056453

in this Act for the acquisition of lands or interests in lands may be
expended for the filing of declarations of taking or complaints in
condemnation without the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not apply to funds
appropriated to implement the Everglades National Park Protection and
Expansion Act of 1989, or to funds appropriated for Federal assistance
to the State of Florida to acquire lands for Everglades restoration
purposes.
hunters point environmental cleanup

abb3da5ec21dc0574bebe9eb2069d37029f3181ba7c8d1c609718796d6aba47b

Environmental Protection Agency in this Act, $8,000,000, to remain
available until expended, is provided to EPA to be transferred to the
Department of the Navy for clean-up activities at the Treasure Island
Naval Station--Hunters Point Annex.
extension of grazing permits

f3b173af0b2ec01cbd132bfe92cc74f7641764157dfcb2c4c0a7765ea45f3c4c

108-108, regarding grazing permits at the Department of the Interior
and the Forest Service shall remain in effect for fiscal year 2010.
national council on the arts membership

c124ca33dacf9c4cdad20e5a5aa4e3f48c058c0a1a7454c8f8bf8b213cd8b704

Humanities Act of 1965 (Public Law 89-209, 20 U.S.C. 955), as amended,
is further amended as follows:
(1) In the first sentence of subsection (b)(1)(C), by striking
``14'' and inserting in lieu thereof ``18''; and
(2) In the second sentence of subsection (d)(1), by striking
``Eight'' and inserting in lieu thereof ``Ten''.
national capital arts and cultural affairs authorization

40d176e449ec230b32cd458d5b13bc6493732a0501bcd8ecc85093c31fa6cd19

Cultural Affairs'' in the Department of the Interior and Related
Agencies Appropriations Act, 1986, as enacted into law by section
101(d) of Public Law 99-190 (99 Stat. 1261; 20 U.S.C. 956a), is
amended--
(1) in the second sentence of the first paragraph, by striking
``$7,500,000'' and inserting ``$10,000,000''; and
(2) in the second sentence of the fourth paragraph, by striking
``$500,000'' and inserting ``$650,000''.
alaska native health care services

0b09fae3a3ea327aca4954c7661ea49c33d1c6be2f4b582840742edc63bdcd4b

October 1, 2011, the Indian Health Service may not disburse funds for
the provision of health care services pursuant to Public Law 93-638 (25
U.S.C. 450 et seq.) to any Alaska Native village or Alaska Native
village corporation that is located within the area served by an Alaska
Native regional health entity.
(b) Nothing in this section shall be construed to prohibit the
disbursal of funds to any Alaska Native village or Alaska Native
village corporation under any contract or compact entered into prior to
May 1, 2006, or to prohibit the renewal of any such agreement.
(c) For the purpose of this section, Eastern Aleutian Tribes, Inc.,
the Council of Athabascan Tribal Governments, and the Native Village of
Eyak shall be treated as Alaska Native regional health entities to
which funds may be disbursed under this section.
extension of forest botanical product authorities

f56285693e6b6dd13ec40bef0985534abe55ceeae7fa4e6f8d11cd8521177c48

Related Agencies Appropriations Act, 2000, as amended, concerning a
pilot program for the sale of forest botanical products by the Forest
Service, is further amended by striking ``September 30, 2009'' and
inserting ``September 30, 2014''.
timber sale requirements

9fd70d41c768b7b45f6c07688f2d13c0351a36721680dea41e5db48c38e07cd4

to appraising all timber sales in Alaska's Region 10 that contain a
component of Western red cedar and shall only offer sales that contain
a component of Western red cedar that are not deficit. Western red
cedar shall be appraised using lower 48 State domestic values if the
timber might be eligible for shipment to the lower 48 States. All of
the Western red cedar timber from those sales which is surplus to the
needs of domestic processors in Alaska shall be made available to
domestic processors in the contiguous 48 United States at prevailing
domestic prices in the contiguous 48 United States. Western red cedar
shall be deemed ``surplus to the needs of domestic processors in
Alaska'' if the Forest Service determines it is surplus or if the
timber sale holder has presented to the Forest Service documentation
that the Forest Service determines is valid of the inability to sell
Western red cedar logs from a given sale to domestic Alaska processors
at a price equal to or greater than the log selling value stated in the
contract. All additional Western red cedar volume not sold to Alaska or
to contiguous 48 United States domestic processors may be exported to
foreign markets if the Forest Service determines it is surplus to the
needs of the 50 States. All Alaska yellow cedar may be sold at
prevailing export prices if the Forest Service determines it is surplus
to the needs of the 50 States.
colorado cooperative conservation authority

1d285e74b6360f6b58106bd6b0a10482f45fb50fb197635e6082d55e9097f41c

Related Agencies Appropriations Act, 2001, (Public Law 106-291), as
added by section 336 of division E of the Consolidated Appropriations
Act, 2005 (Public Law 108-447), concerning cooperative forestry
agreements known as the Colorado Good Neighbor Act Authority is amended
by striking ``September 30, 2009'' and inserting ``September 30,
2013''.
geothermal energy receipts

e08dade7d991428c1d68b6f106a4e4a39992814c3952c000f5b447fd0659ba13

2010 from sales, bonuses, rentals, and royalties under the Geothermal
Steam Act of 1970 shall be disposed of as provided by section 20 of
that Act (30 U.S.C. 1019), as in effect immediately before enactment of
the Energy Policy Act of 2005 (Public Law 109-58), and without regard
to the amendments contained in sections 224(b) and section 234 of the
Energy Policy Act of 2005 (42 U.S.C. 17673).
prohibition on use of funds

c67d757fcd8cb74411c814c9649cdc2a1622203db3c3b147190fe457b5e75525

funds made available in this Act or any other Act may be used to
promulgate or implement any regulation requiring the issuance of
permits under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for
carbon dioxide, nitrous oxide, water vapor, or methane emissions
resulting from biological processes associated with livestock
production.
greenhouse gas reporting restrictions

b5287f9c7f62c3c79cb6179ed4a7fd690e11f9fabec8958382715f5b798ae22c

funds made available in this or any other Act may be used to implement
any provision in a rule, if that provision requires mandatory reporting
of greenhouse gas emissions from manure management systems.
report on use of climate change funds

0f7562e91ccab274a57ff8297ea2bb59e30fa87d43263e0a7a5c3a4e35703c8c

President's fiscal year 2011 budget request is submitted to Congress,
the President shall submit a report to the Committee on Appropriations
of the House of Representatives and the Committee on Appropriations of
the Senate describing in detail all Federal agency obligations and
expenditures, domestic and international, for climate change programs
and activities in fiscal year 2009 and fiscal year 2010, including an
accounting of expenditures by agency with each agency identifying
climate change activities and associated costs by line item as
presented in the President's Budget Appendix.
prohibition on use of funds

7d1e5a3ac902030373d7fee4e7d8b6c596ec74d3ff97ec7ca575973e8ed8be2f

distributed to the Association of Community Organizations for Reform
Now (ACORN) or its subsidiaries.
guantanamo bay detainees, funding restrictions

e67059377d08e54444f0acf340143f104c4e23285a95dd11751a381a055f9826

Act may be used to release an individual who is detained, as of June
24, 2009, at Naval Station, Guantanamo Bay, Cuba, into the continental
United States, Alaska, Hawaii, or the District of Columbia, into any of
the United States territories of Guam, American Samoa (AS), the United
States Virgin Islands (USVI), the Commonwealth of Puerto Rico and the
Commonwealth of the Northern Mariana Islands (CNMI).
(b) None of the funds made available in this or any other Act may
be used to transfer an individual who is detained, as of June 24, 2009,
at Naval Station, Guantanamo Bay, Cuba, into the continental United
States, Alaska, Hawaii, or the District of Columbia, into any of the
United States territories of Guam, American Samoa (AS), the United
States Virgin Islands (USVI), the Commonwealth of Puerto Rico and the
Commonwealth of the Northern Mariana Islands (CNMI), for the purpose of
detention, except as provided in subsection (c).
(c) None of the funds made available in this or any other Act may
be used to transfer an individual who is detained, as of June 24, 2009,
at Naval Station, Guantanamo Bay, Cuba, into the continental United
States, Alaska, Hawaii, or the District of Columbia, into any of the
United States territories of Guam, American Samoa (AS), the United
States Virgin Islands (USVI), the Commonwealth of Puerto Rico and the
Commonwealth of the Northern Mariana Islands (CNMI), for the purposes
of prosecuting such individual, or detaining such individual during
legal proceedings, until 45 days after the plan described in subsection
(d) is received.
(d) The President shall submit to Congress, in classified form, a
plan regarding the proposed disposition of any individual covered by
subsection (c) who is detained as of June 24, 2009. Such plan shall
include, at a minimum, each of the following for each such individual:
(1) A determination of the risk that the individual might
instigate an act of terrorism within the continental United States,
Alaska, Hawaii, the District of Columbia, or the United States
territories if the individual were so transferred.
(2) A determination of the risk that the individual might
advocate, coerce, or incite violent extremism, ideologically
motivated criminal activity, or acts of terrorism, among inmate
populations at incarceration facilities within the continental
United States, Alaska, Hawaii, the District of Columbia, or the
United States territories if the individual were transferred to
such a facility.
(3) The costs associated with transferring the individual in
question.
(4) The legal rationale and associated court demands for
transfer.
(5) A plan for mitigation of any risks described in paragraphs
(1), (2), and (7).
(6) A copy of a notification to the Governor of the State to
which the individual will be transferred, to the Mayor of the
District of Columbia if the individual will be transferred to the
District of Columbia, or to any United States territories with a
certification by the Attorney General of the United States in
classified form at least 14 days prior to such transfer (together
with supporting documentation and justification) that the
individual poses little or no security risk to the United States.
(7) An assessment of any risk to the national security of the
United States or its citizens, including members of the Armed
Services of the United States, that is posed by such transfer and
the actions taken to mitigate such risk.
(e) None of the funds made available in this or any other Act may
be used to transfer or release an individual detained at Naval Station,
Guantanamo Bay, Cuba, as of June 24, 2009, to the country of such
individual's nationality or last habitual residence or to any other
country other than the United States or to a freely associated State,
unless the President submits to the Congress, in classified form, at
least 15 days prior to such transfer or release, the following
information:
(1) The name of any individual to be transferred or released
and the country or the freely associated State to which such
individual is to be transferred or released.
(2) An assessment of any risk to the national security of the
United States or its citizens, including members of the Armed
Services of the United States, that is posed by such transfer or
release and the actions taken to mitigate such risk.
(3) The terms of any agreement with the country or the freely
associated State for the acceptance of such individual, including
the amount of any financial assistance related to such agreement.
(f) In this section, the term ``freely associated States'' means
the Federated States of Micronesia (FSM), the Republic of the Marshall
Islands (RMI), and the Republic of Palau.
(g) Prior to the termination of detention operations at Naval
Station, Guantanamo Bay, Cuba, the President shall submit to the
Congress a report in classified form describing the disposition or
legal status of each individual detained at the facility as of the date
of enactment of this Act.
jungo disposal site evaluation

06cb51e44b10ae38d0b4a8c8b625f051c8d3f31943d4b60700395aaae5aeab99

of the United States Geological Survey may conduct an evaluation of the
aquifers in the area of the Jungo Disposal Site in Humboldt County,
Nevada (referred to in this section as the ``site''), to evaluate--
(1) how long it would take waste seepage (including asbestos,
discarded tires, and sludge from water treatment plants) from the
site to contaminate local underground water resources;
(2) the distance that contamination from the site would travel
in each of--
(A) 95 years; and
(B) 190 years;
(3) the potential impact of expected waste seepage from the
site on nearby surface water resources, including Rye Patch
Reservoir and the Humboldt River;
(4) the size and elevation of the aquifers; and
(5) any impact that the waste seepage from the site would have
on the municipal water resources of Winnemucca, Nevada.
buyout and relocation

0bb55f87a73c3d0a5530746d42f8438ddb32c8c38097e01d03de319960bdc904

of this Act, the Administrator of the Environmental Protection Agency
(referred to in this section as the ``Administrator'') is encouraged to
consider all appropriate criteria relating to the buyout and relocation
of residents of properties in Treece, Kansas, that are subject to risk
relating to, and that may endanger the health of occupants as a result
of risks posed by, chat (as defined in section 278.1(b) of title 40,
Code of Federal Regulations (as in effect on the date of enactment of
this Act)).
(b) For the purpose of the remedial action under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.) that includes permanent relocation of residents of
Treece, Kansas, any such relocation shall not be subject to the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of
1970 (42 U.S.C. 4601 et seq.).
(c) Nothing in this section shall in any way affect, impede, or
change the relocation or remediation activities pursuant to the Record
of Decision Operable Unit 4, Chat Piles, Other Mine and Mill Waste, and
Smelter Waste, Tar Creek Superfund Site, Ottawa County, Oklahoma
(OKD980629844) issued by the Environmental Protection Agency Region 6
on February 20, 2008, or any other previous Record of Decision at the
Tar Creek, Oklahoma, National Priority List Site, by any Federal agency
or through any funding by any Federal agency.
agricultural research authorization

9de4ceefc9d08268daaae290611a76cae5b68e345d00c4f2a155e1dc999ac894

and Education Reform Act of 1998 (7 U.S.C. 7624(c)) is amended--
(1) in paragraph (1), by striking ``Agricultural Research
Service'' and inserting ``Agricultural Research Service and the
Forest Service''; and
(2) by adding at the end the following:
``(3) Authority of secretary.--To carry out a cooperative
agreement with a private entity under paragraph (1), the Secretary
may rent to the private entity equipment, the title of which is
held by the Federal Government.''.
national forest foundation

2224b97800676e3a0c123333d2d6db86d182bef8bed3f15d40ac2b0955cc752e

U.S.C. 583j-1(a)) is amended, in the first sentence, by striking
``fifteen Directors'' and inserting ``not more than 30 Directors''.
cabin user fees

68957f533a037b0f249ff492d922dcf3db1ab80fee478dff6fcda3da1095cea9

funds made available by this or any other Act may be used by the
Secretary of Agriculture to increase a recreation residence user fee
for calendar year 2010 by more than 25 percent of the recreation
residence user fee applicable to the recreation residence for calendar
year 2009.
prohibition on no-bid contracts

7f501575c36b6d76d38ae3b8f585289754a212296af0ae3741797ae5c00d78e1

available by this Act to executive branch agencies may be used to enter
into any Federal contract unless such contract is entered into in
accordance with the requirements of the Federal Property and
Administrative Service Act of 1949 (41 U.S.C. 253) or chapter 137 of
title 10, United States Code, and the Federal Acquisition Regulations,
unless:
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian tribes;
or
(2) such contract is authorized by the Indian Self-
Determination and Education and Assistance Act (Public Law 93-638,
25 U.S.C. 450 et seq., as amended) or by any other Federal laws
that specifically authorize a contract within an Indian tribe as
defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of enactment of
this Act.
posting of reports

1f70081cb16eb0c74c11cf2d176ac649afb7656c81846bd9965458a964412bab

Act, shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by the
Congress in this or any other Act, upon the determination by the head
of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
national conservation area map amendment

715ca8e5efe67304313c3e30ceee22b9e3d4a80e53f79d5f29e501a15d01bd08

Act of 2009 (16 U.S.C. 460www note; Public Law 111-11) is amended by
striking ``December 18, 2008'' and inserting ``September 20, 2009''.
tar creek superfund site

edb0a4557eaf46b2d79bcff8139d7fb2ea8da840795bbdd888f764e96e862f37

land and Indian land at the Tar Creek Superfund Site (referred to in
this section as the ``site''), any purchase of chat (as defined in
section 278.1(b) of title 40, Code of Federal Regulations (or a
successor regulation)), from the site shall be--
(1) counted at twice the purchase price of the chat; and
(2) eligible to be counted toward meeting the federally
required disadvantaged business enterprise set-aside on federally
funded projects.
(b) Restricted Indian Owners.--Subsection (a) shall only apply if
the purchase of chat is made from 1 or more restricted Indian owners or
an Indian tribe.
(c) Applicable Law.--The use of chat acquired under subsection (a)
shall conform with applicable laws (including the regulations for the
use of chat promulgated by the Administrator of the Environmental
Protection Agency).
national endowment for the arts grant guidelines

5fdbc252b67e1cb98f73b4dd786388a0f385e04798dfb2791ee2a5711a50e160

Arts--
(1) The Chairperson shall only award a grant to an individual
if such grant is awarded to such individual for a literature
fellowship, National Heritage Fellowship, or American Jazz Masters
Fellowship.
(2) The Chairperson shall establish procedures to ensure that
no funding provided through a grant, except a grant made to a State
or local arts agency, or regional group, may be used to make a
grant to any other organization or individual to conduct activity
independent of the direct grant recipient. Nothing in this
subsection shall prohibit payments made in exchange for goods and
services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the season,
including identified programs and/or projects.
national endowment for the arts program priorities

7977e13b82031c256bb78bfa68881219e610529a0d24b45413666661a2f97a39

assistance under the National Foundation on the Arts and the Humanities
Act of 1965 from funds appropriated under this Act, the Chairperson of
the National Endowment for the Arts shall ensure that priority is given
to providing services or awarding financial assistance for projects,
productions, workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population of
individuals, including urban minorities, who have historically been
outside the purview of arts and humanities programs due to factors
such as a high incidence of income below the poverty line or to
geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a family
of the size involved.
(c) In providing services and awarding financial assistance under
the National Foundation on the Arts and Humanities Act of 1965 with
funds appropriated by this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out section 5 of
the National Foundation on the Arts and Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of national
impact or availability or are able to tour several States;
(2) the Chairperson shall not make grants exceeding 15 percent,
in the aggregate, of such funds to any single State, excluding
grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually and
by State, on grants awarded by the Chairperson in each grant
category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
energy and water development, technical correction

b713db62c29898385357f1ce4e91ea988100fcd9edacee711be0e6236e43c800

and Related Agencies Appropriations Act, 2010 is amended by striking
``$45,000,000'' and inserting ``$5,000,000''.
awards to for-profit entities

42cb55abd14465cd281d399331abff5628b0ef170c50ec9fe24605f5c84261fa

Committee on Appropriations of the House of Representatives
accompanying this Act (H. Rept. 111-180) that are considered
congressional earmarks for purposes of clause 9 of rule XXI of the
Rules of the House of Representatives, when intended to be awarded to a
for-profit entity, shall be awarded under a full and open competition.
prohibition on use of funds

10da974a3b2df09346a295bdd99f205e8b0725703662d5985af5274f39420c86

Protection Agency in this Act may be expended by the Administrator of
the Environmental Protection Agency to issue a final rule that includes
fuel sulfur standards applicable to existing steamships that operate
exclusively within the Great Lakes, and their connecting and tributary
waters.
authorization for refinancing

a41f20db73a920259aaa385182a0218785aa60df2a4d260ec3bd841ec8a53ea9

shall allow the State of Mississippi to refinance the Clean Water State
Revolving Loans made to the Hancock Water and Sewer District and the
Hancock Utility Authority for a period not to exceed one year with the
payment schedule amortized over that additional period.
incorporation of congressionally requested projects

42ef0c4fa5faf3efb4bd9919ec38855ea7fd433fcb3a7fa7a24c4d7741b79ecb

shall be allocated in the amounts specified for those projects and
purposes delineated in the table titled ``Incorporation of
Congressionally Requested Projects'' included in the joint explanatory
statement of the managers accompanying this Act, except that such
funding appropriated for land acquisition, construction, and capital
improvement and maintenance may be reallocated to other projects in
that table funded by the same appropriation account if such
reallocation has been approved by the House and Senate Committees on
Appropriations; and, such funding appropriated for ``National Park
Service--Historic Preservation Fund'' for Save America's Treasures
grants may be reallocated to be used for competitive grants under the
Save America's Treasures program if such reallocation has been approved
by the House and Senate Committees on Appropriations.
short title
Sec. 501.
This title may be cited as the ``Federal Land Assistance,
Management, and Enhancement Act of 2009'' or ``FLAME Act of 2009''.
flame wildfire suppression reserve funds
Sec. 502.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means--
(A) public land, as defined in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702);
(B) units of the National Park System;
(C) refuges of the National Wildlife Refuge System;
(D) land held in trust by the United States for the benefit
of Indian tribes or members of an Indian tribe; and
(E) land in the National Forest System, as defined in
section 11(a) of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1609(a)).
(2) FLAME fund.--The term ``FLAME Fund'' means a FLAME Wildfire
Suppression Reserve Fund established by subsection (b).
(3) Relevant congressional committees.--The term ``relevant
congressional committees'' means the Committee on Appropriations,
the Committee on Natural Resources, and the Committee on
Agriculture of the House of Representatives and the Committee on
Appropriations, the Committee on Energy and Natural Resources, and
the Committee on Indian Affairs of the Senate.
(4) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of the Interior, with respect to--
(i) Federal land described in subparagraphs (A), (B),
(C), and (D) of paragraph (1); and
(ii) the FLAME Fund established for the Department of
the Interior; and
(B) the Secretary of Agriculture, with respect to--
(i) National Forest System land; and
(ii) the FLAME Fund established for the Department of
the Agriculture.
(b) Establishment of FLAME Funds.--There is established in the
Treasury of the United States the following accounts:
(1) The FLAME Wildfire Suppression Reserve Fund for the
Department of the Interior.
(2) The FLAME Wildfire Suppression Reserve Fund for the
Department of Agriculture.
(c) Purpose of FLAME Funds.--The FLAME Funds shall be available to
cover the costs of large or complex wildfire events and as a reserve
when amounts provided for wildfire suppression and Federal emergency
response in the Wildland Fire Management appropriation accounts are
exhausted.
(d) Funding.--
(1) Credits to funds.--A FLAME Fund shall consist of the
following:
(A) Such amounts as are appropriated to that FLAME Fund.
(B) Such amounts as are transferred to that FLAME Fund
under paragraph (5).
(2) Authorization of appropriations.--
(A) Authorization of appropriations.--There are authorized
to be appropriated to the FLAME Funds such amounts as are
necessary to carry out this section.
(B) Congressional intent.--It is the intent of Congress
that, for fiscal year 2011 and each fiscal year thereafter, the
amounts requested by the President for a FLAME Fund should be
not less than the amount estimated by the Secretary concerned
as the amount necessary for that fiscal year for wildfire
suppression activities of the Secretary that meet the criteria
specified in subsection (e)(2)(B)(i).
(C) Sense of congress on designation of flame fund
appropriations, supplemental funding request, and supplement to
other suppression funding.--It is the sense of Congress that
for fiscal year 2011 and each fiscal year thereafter--
(i) amounts appropriated to a FLAME Fund in excess of
the amount estimated by the Secretary concerned as the
amount necessary for that fiscal year for wildfire
suppression activities of the Secretary that meet the
criteria specified in subsection (e)(2)(B)(i) should be
designated as amounts necessary to meet emergency needs;
(ii) the Secretary concerned should promptly make a
supplemental request for additional funds to replenish the
FLAME Fund if the Secretary determines that the FLAME Fund
will be exhausted within 30 days; and
(iii) funding made available through the FLAME Fund
should be used to supplement the funding otherwise
appropriated to the Secretary concerned for wildfire
suppression and Federal emergency response in the Wildland
Fire Management appropriation accounts.
(3) Availability.--Amounts in a FLAME Fund shall remain
available to the Secretary concerned until expended.
(4) Notice of insufficient funds.--The Secretary concerned
shall notify the relevant congressional committees if the Secretary
estimates that only 60 days worth of funds remain in the FLAME Fund
administered by that Secretary.
(5) Transfer authority.--If a FLAME Fund has insufficient
funds, the Secretary concerned administering the other FLAME Fund
may transfer amounts to the FLAME Fund with insufficient funds. Not
more than $100,000,000 may be transferred from a FLAME Fund during
any fiscal year under this authority.
(e) Use of FLAME Fund.--
(1) In general.--Subject to paragraphs (2) and (3), amounts in
a FLAME Fund shall be available to the Secretary concerned to
transfer to the Wildland Fire Management appropriation account of
that Secretary to pay the costs of wildfire suppression activities
of that Secretary that are separate from amounts for wildfire
suppression activities annually appropriated to that Secretary
under the Wildland Fire Management appropriation account of that
Secretary.
(2) Declaration required.--
(A) In general.--Amounts in a FLAME Fund shall be available
for transfer under paragraph (1) only after that Secretary
concerned issues a declaration that a wildfire suppression
event is eligible for funding from the FLAME Fund.
(B) Declaration criteria.--A declaration by the Secretary
concerned under subparagraph (A) may be issued only if--
(i) in the case of an individual wildfire incident--
(I) the fire covers 300 or more acres; or
(II) the Secretary concerned determines that the
fire has required an emergency Federal response based
on the significant complexity, severity, or threat
posed by the fire to human life, property, or
resources; or
(ii) the cumulative costs of wildfire suppression and
Federal emergency response activities for the Secretary
concerned will exceed, within 30 days, all of the amounts
previously appropriated (including amounts appropriated
under an emergency designation, but excluding amounts
appropriated to the FLAME Fund) to the Secretary concerned
for wildfire suppression and Federal emergency response.
(3) State, private, and tribal land.--Use of a FLAME Fund for
emergency wildfire suppression activities on State land, private
land, and tribal land shall be consistent with any existing
agreements in which the Secretary concerned has agreed to assume
responsibility for wildfire suppression activities on the land.
(f) Treatment of Anticipated and Predicted Activities.--For fiscal
year 2011 and subsequent fiscal years, the Secretary concerned shall
request funds within the Wildland Fire Management appropriation account
of that Secretary for regular wildfire suppression activities that do
not meet the criteria specified in subsection (e)(2)(B)(i).
(g) Prohibition on Other Transfers.--The Secretary concerned may
not transfer funds from non-fire accounts to the Wildland Fire
Management appropriation account of that Secretary unless amounts in
the FLAME Fund of that Secretary and any amounts appropriated to that
Secretary for the purpose of wildfire suppression will be exhausted
within 30 days.
(h) Accounting and Reports.--
(1) Accounting and reporting requirements.--The Secretary
concerned shall account and report on amounts transferred from the
respective FLAME Fund in a manner that is consistent with existing
National Fire Plan reporting procedures.
(2) Annual report.--The Secretary concerned shall submit to the
relevant congressional committees and make available to the public
an annual report that--
(A) describes the obligation and expenditure of amounts
transferred from the FLAME Fund; and
(B) includes any recommendations that the Secretary
concerned may have to improve the administrative control and
oversight of the FLAME Fund.
(3) Estimates of wildfire suppression costs to improve
budgeting and funding.--
(A) In general.--Consistent with the schedule provided in
subparagraph (C), the Secretary concerned shall submit to the
relevant congressional committees an estimate of anticipated
wildfire suppression costs for the applicable fiscal year.
(B) Independent review.--The methodology for developing the
estimates under subparagraph (A) shall be subject to periodic
independent review to ensure compliance with subparagraph (D).
(C) Schedule.--The Secretary concerned shall submit an
estimate under subparagraph (A) during--
(i) the first week of March of each year;
(ii) the first week of May of each year;
(iii) the first week of July of each year; and
(iv) if a bill making appropriations for the Department
of the Interior and the Forest Service for the following
fiscal year has not been enacted by September 1, the first
week of September of each year.
(D) Requirements.--An estimate of anticipated wildfire
suppression costs shall be developed using the best available--
(i) climate, weather, and other relevant data; and
(ii) models and other analytic tools.
(i) Termination of Authority.--The authority of the Secretary
concerned to use the FLAME Fund established for that Secretary shall
terminate at the end of the third fiscal year in which no
appropriations to, or withdrawals from, that FLAME Fund have been made
for a period of three consecutive fiscal years. Upon termination of
such authority, any amounts remaining in the affected FLAME Fund shall
be transferred to, and made a part of, the Wildland Fire Management
appropriation account of the Secretary concerned for wildland
suppression activities.
cohesive wildfire management strategy
Sec. 503.
(a) Strategy Required.--Not later than one year after the date of
enactment of this Act, the Secretary of the Interior and the Secretary
of Agriculture, acting jointly, shall submit to Congress a report that
contains a cohesive wildfire management strategy, consistent with the
recommendations described in recent reports of the Government
Accountability Office regarding management strategies.
(b) Elements of Strategy.--The strategy required by subsection (a)
shall provide for--
(1) the identification of the most cost-effective means for
allocating fire management budget resources;
(2) the reinvestment in non-fire programs by the Secretary of
the Interior and the Secretary of Agriculture;
(3) employing the appropriate management response to wildfires;
(4) assessing the level of risk to communities;
(5) the allocation of hazardous fuels reduction funds based on
the priority of hazardous fuels reduction projects;
(6) assessing the impacts of climate change on the frequency
and severity of wildfire; and
(7) studying the effects of invasive species on wildfire risk.
(c) Revision.--At least once during each five-year period beginning
on the date of the submission of the cohesive wildfire management
strategy under subsection (a), the Secretary of the Interior and the
Secretary of Agriculture shall revise the strategy to address any
changes affecting the strategy, including changes with respect to
landscape, vegetation, climate, and weather.
This division may be cited as the ``Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2010''.

4599308d3a0982b869a9d10d2e17b87da204cbdfd0d89b4fcbbe81efb880ac71

B of Public Law 111-68) is amended by striking the date specified in
section 106(3) and inserting ``December 18, 2009''.

14eebb91b9944393cd1ea439e39786b11d41b3c5630b952ffebfe82abdee7d7b

2010 (division B of Public Law 111-68) is amended by striking ``2009''
and inserting ``2008'', and such amendment shall apply as if included
in such public law on the date of its enactment.

524b105ef072125ba22c86d68f8f902b8e5da5df97a45b3f80bfaa10f0036e33

subparagraphs (A), (B), and (C) of section 9504(b)(2), of the Internal
Revenue Code of 1986 are each amended by inserting ``the last amendment
to'' after ``on the date of the enactment of''.

a71624f8e94c71fcf66ea1dd5cbe039f8cf8bf0dbec7bbcf8f6e6d147b73764e

B of Public Law 111-68) is amended by adding after section 164 the
following new sections:
``Sec. 165.  In addition to amounts provided in section 101,
amounts are provided for `Small Business Administration--Business Loans
Program Account', for the cost (as defined in section 502 of the
Congressional Budget Act of 1974) of guaranteed loans as authorized by
section 7(a) of the Small Business Act, at a rate for operations of
$80,000,000.
``Sec. 166. (a) Loan Limit Floor Based on 2008 Levels.--For
mortgages for which the mortgagee issues credit approval for the
borrower during calendar year 2010, if the dollar amount limitation on
the principal obligation of a mortgage determined under section
203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)) for any
size residence for any area is less than such dollar amount limitation
that was in effect for such size residence for such area for 2008
pursuant to section 202 of the Economic Stimulus Act of 2008 (Public
Law 110-185; 122 Stat. 620), notwithstanding any other provision of law
or of this joint resolution, the maximum dollar amount limitation on
the principal obligation of a mortgage for such size residence for such
area for purposes of such section 203(b)(2) shall be considered (except
for purposes of section 255(g) of such Act (12 U.S.C.1715z-20(g))) to
be such dollar amount limitation in effect for such size residence for
such area for 2008.
``(b) Discretionary Authority for Sub-Areas.--Notwithstanding any
other provision of law or of this joint resolution, if the Secretary of
Housing and Urban Development determines, for any geographic area that
is smaller than an area for which dollar amount limitations on the
principal obligation of a mortgage are determined under section
203(b)(2) of the National Housing Act, that a higher such maximum
dollar amount limitation is warranted for any particular size or sizes
of residences in such sub-area by higher median home prices in such
sub-area, the Secretary may, for mortgages for which the mortgagee
issues credit approval for the borrower during calendar year 2010,
increase the maximum dollar amount limitation for such size or sizes of
residences for such sub-area that is otherwise in effect (including
pursuant to subsection (a) of this section), but in no case to an
amount that exceeds the amount specified in section 202(a)(2) of the
Economic Stimulus Act of 2008.
``Sec. 167. (a) Loan Limit Floor Based on 2008 Levels.--For
mortgages originated during calendar year 2010, if the limitation on
the maximum original principal obligation of a mortgage that may be
purchased by the Federal National Mortgage Association or the Federal
Home Loan Mortgage Corporation determined under section 302(b)(2) of
the Federal National Mortgage Association Charter Act (12 U.S.C.
1717(b)(2)) or section 305(a)(2) of the Federal Home Loan Mortgage
Corporation Act (12 U.S.C.1754(a)(2)) respectively, for any size
residence for any area is less than such maximum original principal
obligation limitation that was in effect for such size residence for
such area for 2008 pursuant to section 201 of the Economic Stimulus Act
of 2008 (Public Law 110-185; 122 Stat. 619), notwithstanding any other
provision of law or of this joint resolution, the limitation on the
maximum original principal obligation of a mortgage for such
Association and Corporation for such size residence for such area shall
be such maximum limitation in effect for such size residence for such
area for 2008.
``(b) Discretionary Authority for Sub-Areas.--Notwithstanding any
other provision of law or of this joint resolution, if the Director of
the Federal Housing Finance Agency determines, for any geographic area
that is smaller than an area for which limitations on the maximum
original principal obligation of a mortgage are determined for the
Federal National Mortgage Association or the Federal Home Loan Mortgage
Corporation, that a higher such maximum original principal obligation
limitation is warranted for any particular size or sizes of residences
in such sub-area by higher median home prices in such sub-area, the
Director may, for mortgages originated during calendar year 2010,
increase the maximum original principal obligation limitation for such
size or sizes of residences for such sub-area that is otherwise in
effect (including pursuant to subsection (a) of this section) for such
Association and Corporation, but in no case to an amount that exceeds
the amount specified in the matter following the comma in section
201(a)(l)(B) of the Economic Stimulus Act of 2008.
``Sec. 168.  Notwithstanding any other provision of this joint
resolution, for mortgages for which the mortgagee issues credit
approval for the borrower during calendar year 2010, the second
sentence of section 255(g) of the National Housing Act (12 U.S.C.
1715z-20(g)) shall be considered to require that in no case may the
benefits of insurance under such section 255 exceed 150 percent of the
maximum dollar amount in effect under the sixth sentence of section
305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C.
1454(a)(2)).
``Sec. 169.  Notwithstanding any other provision of this joint
resolution, other than section 106, up to $200,000,000 of the funds
provided by Public Law 111-8 that are available on October 1, 2009, in
the `Tenant-Based Rental Assistance' account may be available to adjust
allocations for public housing agencies to prevent termination of
assistance to families.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

4c8936c4b093655668ea634922e6bed7272e6036db34446aa1d553e284b3701b

FLAME Act of 2009 — HR. 2996

Other Sections

DIVISION A / TITLE I

DIVISION B

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