Amendment Text: H.Amdt.277 — 111th Congress (2009-2010)

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Shown Here:
Amendment as Offered (06/25/2009)

This Amendment appears on page H7420 in the following article from the Congressional Record.


[Pages H7401-H7437]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2010

  The SPEAKER pro tempore. Pursuant to House Resolution 578 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the state of the Union for the consideration of the bill, H.R. 2996.

                              {time}  2105


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the consideration of the bill 
(H.R. 2996) making appropriations for the Department of the Interior, 
environment, and related agencies for the fiscal year ending September 
30, 2010, and for other purposes, with Mr. Connolly of Virginia in the 
chair.
  The Clerk read the title of the bill.
  The CHAIR. Pursuant to the rule, the bill is considered read the 
first time.
  The gentleman from Washington (Mr. Dicks) and the gentleman from 
Idaho (Mr. Simpson) each will control 30 minutes.
  The Chair recognizes the gentleman from Washington.

[[Page H7402]]

  Mr. DICKS. Mr. Chairman, I yield myself such time as I may consume.
  It is my privilege and pleasure to present the fiscal year 2010 
Interior, Environment and Related Agencies Appropriations bill to you 
today. This very fine bill is the product of many hours of hearings and 
briefings, always with bipartisan input and excellent participation. I 
am particularly pleased to present the bill with my friend, Mike 
Simpson.
  The bill before us provides historic increases for the environment, 
natural resources, and Native American programs, especially Indian 
health. It also includes significant allocations to protect our public 
lands, invest in science, and support important cultural agencies.
  At a total of $32.3 billion, this bill is an increase of 17 percent 
above last year. Chairman Obey recognizes that the programs funded 
through this bill have been chronically underfunded and provided the 
allocation necessary to reverse that trend.
  From 2001 through 2009, when adjusted for inflation, the budget 
request for the Interior Department went down by 16 percent, the EPA 
went down by 29 percent, and the nonfire Forest Service accounts went 
down by 35 percent. This bill invests taxpayers' dollars in our natural 
resources, and for this investment all Americans will see great 
returns.
  Some will argue that we are spending too much in this bill, but let's 
look at the facts. The largest increase by far is for drinking water 
and wastewater infrastructure. The demand for assistance to repair, 
rehabilitate, or build new infrastructure is immense. This subcommittee 
received 1,200 requests for such assistance from both sides of the 
aisle.
  Every one of us wants clean and safe drinking water for our 
constituents. This increase is long overdue. In fact, the first 
administrator, Christine Todd Whitman, under President Bush in 2002 did 
a study that showed that there was a $668 billion backlog for these 
kinds of programs. This kind of infrastructure is desperately needed. 
That's why we added money here and added money in the stimulus package.
  Yes, this bill includes a $4.7 billion increase above the 2009 level, 
but let me remind my colleagues that the programs in this bill will 
return more than $14.5 billion to the Treasury next year. That's 
revenue. The Department of the Interior alone is estimated to return 
more than $13 billion to the Treasury through oil, gas and coal 
revenues, grazing, timber, recreation fees, and the revenues from the 
sale of the duck stamps.
  I should also note that the EPA's Leaking Underground Storage Tank 
program, financed by a 0.1 percent tax per gallon of gas sold, has a 
balance of more than $3 billion that offsets the deficit. Clearly, the 
programs in this bill go a long way towards paying for themselves.
  But let me be clear. This bill is not all increases. We had to make 
difficult choices. Through hearings and briefings, we carefully 
reviewed the proposed budget and have recommended a number of 
reductions and terminations. Some of these were the result of 
recommendations made by the GAO and the Inspector General. In total, we 
recommend program reductions or terminations of over $320 million from 
the 2009 levels and $300 million from the budget request.
  The bill before us today provides historic increases and focused 
funding to protect the environment. Clean water and drinking water 
infrastructure received $3.9 billion, enough to provide assistance to 
more than 1,500 communities.
  We included authority for subsidized assistance to those cities and 
towns which cannot afford conventional loans. These funds would provide 
drinking water that meets public health standards and clean water to 
restore important ecosystems. The bill invests $667 million to restore 
major American lakes, estuaries, and bays. It fully funds the 
President's request of $475 million for the Great Lakes Restoration 
Initiative and makes significant investments to protect other great 
American water bodies such as Puget Sound, Long Island Sound, the Gulf 
of Mexico, and the Chesapeake Bay.
  To address global climate change, this bill provides $420 million for 
climate change adaptation and scientific study. This includes $178 
million for research, planning and conservation efforts within the 
Department of the Interior and $195 million for EPA science, technology 
development and regulatory programs, including grants to local 
communities to cut greenhouse gas emissions. I am especially proud that 
the bill includes $15 million for the National Global Warming and 
Wildlife Science Center at the U.S. Geological Survey.
  The bill also addresses our Nation's commitment to Native Americans 
with increases for health care, law enforcement, and education in 
Indian country. This bill provides a total of $6.8 billion for Indian 
programs, an increase of $654 million above the 2009 level.
  We recommend an historic increase of $471 million above 2009 for the 
Indian Health Service to improve the quality and availability of 
critical health care services. It also includes $182 million above 2009 
for the Bureau of Indian Affairs to support justice, law enforcement, 
education, and social services in Native American communities.
  We recommend a major investment in Forest Service and Department of 
the Interior programs that fight and reduce wildfires. The bill has an 
unprecedented total of $3.66 billion for all of the fire accounts. We 
have increased overall wildfire suppression funding by 39 percent over 
2009, including $357 million for the new wildfire suppression 
contingency reserve accounts.
  In response to testimony received at a number of hearings, we also 
recommend a $611 million investment in hazardous fuels reduction. It is 
clear that focused fuels reduction is important if we hope to reduce 
the number and severity of wildfires in the future and protect 
communities and watersheds.
  The bill provides a $198 million increase above 2009 for the National 
Park Service to invest in the iconic lands and infrastructure that 
comprise our national heritage. I am also particularly proud of our 
efforts to improve the National Wildlife Refuge System. We have 
provided $503 million, a $40 million increase over 2009, for the refuge 
system to reduce critical staffing shortages, implement climate change 
strategies, and improve conservation efforts.
  The bill also supports land management, State assistance, and science 
programs at the Forest Service by increasing nonfire programs by $160 
million above 2009. The bill provides $100 million for the Legacy Road 
and Trail Remediation program to protect streams and water systems from 
damaged forest roads. This is a key part of our effort to protect the 
national forests and grasslands.
  And finally, we have provided an increase of $86 million above the 
2009 level for the cultural agencies supported by this bill. We 
recommend $170 million for both the National Endowment for the Arts and 
the National Endowment for the Humanities. The endowments are vital for 
preserving and encouraging America's creative and cultural heritage.

                              {time}  2115

  The bill also supports the Smithsonian Institution, the world's 
largest museum complex, with an increase of $43 million above 2009.
  I'm especially proud of the way we produced this bill. Mr. Simpson 
has been an outstanding ranking member whose thoughtful contributions 
over the course of 20 hearings has helped us to make this a better 
bill. During those hearings, we heard from 37 government witnesses and 
99 members of the public. We received written testimony from an 
additional 94 witnesses. I was most impressed with the minority's 
attendance at those hearings. This bill is the product of a bipartisan 
effort, and I truly believe it is a better bill because of that.
  I want to take a moment to thank our staff who have worked long hours 
without weekend breaks to help prepare this bill. Delia Scott, our 
clerk; Chris Topik, Greg Knadle, Beth Houser, Juliette Falkner, Melissa 
Squire, and Greg Scott on the majority staff have worked in a 
bipartisan manner with David LesStrang and Darren Benjamin on the 
minority staff.
  In addition, Pete Modaff and Ryan Shauers on my staff, and Malissah 
Small and Megan Milam from Mr. Simpson's staff have worked hard and

[[Page H7403]]

have been a great help to the subcommittee staff.
  In closing, I want to remind members that although the increases I 
have outlined are substantial, their impacts will be even greater. Our 
subcommittee funds programs that span a broad spectrum of issues, from 
our cultural and historic heritage to the water we drink and the land 
we walk on. Our agencies fight fires, protect great water bodies, and 
tend to the needs of the first Americans.
  These programs are vital to every American. They will improve the 
environment for everyone. And they work to fulfill our Nation's trust 
responsibilities.
  I'm proud of this bill and ask that you support it.
  I reserve the balance of my time.
  Mr. SIMPSON. I yield myself such time as I may consume.
  Madam Chairwoman, let me begin my remarks by expressing thanks to 
Chairman Dicks for the reasonable and evenhanded manner in which he's 
conducted the business of the Interior Subcommittee this year. While we 
may disagree about the needed 17 percent increase in our subcommittee 
allocation, our work together has been a bipartisan, collaborative 
effort. We are certainly not going to agree on every issue, but even 
when we disagree, Chairman Dicks and I continue to work well together, 
and I thank him for that.
  I'd also like to commend the chairman for the extraordinary oversight 
activity of our subcommittee this year. As he mentioned, oversight is 
one of the committee's most important functions, and we have upheld 
that responsibility by holding 20 subcommittee hearings since the 
beginning of the year involving over 100 witnesses. I don't know many 
other subcommittees that can match that record.
  I also want to applaud the chairman's decision to provide full pay 
and fixed costs for each of the agencies under this subcommittee's 
jurisdiction.
  We're both concerned by the fact the President's budget submission 
for the U.S. Forest Service covered only 60 percent of the pay and 
fixed costs, while the budget request for the Department of Interior 
included 100 percent of pay and fixed costs. To date, the committee has 
received no explanation or justification from the administration for 
this discrepancy.
  I'm also pleased by the needed attention this legislation provides 
our Native American brothers and sisters. There are many unmet needs 
within Indian country--in education, health care, law enforcement, drug 
abuse prevention, and other areas--and this bill does a great deal to 
address these issues.
  Chairman Dicks and I agree on many things, including our obligation 
to be good stewards of our environment and public lands for future 
generations. However, we part when it comes to the need for an 
allocation as generous as the one Chairman Obey has provided in this 
bill.
  The 302(b) allocation for this bill is $32.3 billion, a $4.7 billion, 
or 17 percent, increase over last year's enacted level. This increase 
comes on the heels of historic increases in this subcommittee's 
spending in recent years.
  Interior and the Environment spending between 2007 and 2009--
including base bills, emergency supplementals, and the American 
Recovery and Reinvestment Act--has increased by 41 percent--and that's 
before this year's 17 percent increase.
  Chairman Obey is fond of saying, Show me a smaller problem and I'll 
show you a smaller solution. While I may not be able to show him a 
smaller problem, I can show him a historically bigger problem where the 
``solution'' of more and more deficit spending has not worked--
including the Great Depression of the 1930s and Japan in the 1990s.
  But it isn't just the spending that concerns me. This legislation is 
funding large increases in programs without having clearly defined 
goals or sufficient processes in place to measure the return on our 
investment. We are making rapid investments in water, climate change, 
renewable energy, and other areas--all of them worthy endeavors--but 
with relatively little planning and coordination across multiple 
agencies and the rest of government.
  Our country has some serious environmental challenges that need to be 
addressed. And this bill has an overly generous allocation to meet many 
of those needs. But, with all due respect to Chairman Obey, too often 
we believe that our commitment to an issue is measured by the amount of 
money we spend rather than how we're spending that money. History has 
shown us that bigger budgets do not necessarily produce better results.
  The climate change issue is an illustration of this point. ``Climate 
change'' is today what the term ``homeland security'' was in the days 
and months following the terrorist attacks of September 11th. Anyone 
who came into our offices, any of our offices, to discuss an issue, 
spoke of it in the context of ``homeland security.'' The argument was, 
We have to do X, Y, or Z, for our homeland security depends upon it.
  Well, today many of our priorities are related to climate change. I 
agree with Chairman Dicks this is an issue we need to study carefully 
and know more about. It's affecting the intensity of our fires and even 
the duration of our fire season.
  But what have we learned from the money this subcommittee and other 
committees have already provided? Are we spending $420 million on 
climate change next year to learn something new or relearn what we 
already know?
  I'm also concerned that many climate change functions within this 
bill won't be coordinated with similar efforts undertaken by other 
Federal agencies, resulting in a duplicating of effort. We ought to 
require coordination across the entire Federal Government on an issue 
as important as this, and one on which we are spending as much money 
government-wide as we are.
  It's for this reason that the minority offered an amendment--adopted 
during the full committee consideration--requiring the President to 
report to Congress 120 days after submission of the 2011 budget request 
on all obligations and expenditures across government on climate change 
programs and activities for FY 2008, 2009, and 2010. It's not because 
we're opposed to climate change programs, but because they need to be 
coordinated government-wide.
  Given the uncertain economic times our country is facing, I'm also 
troubled by the unsustainable pattern of spending in this legislation. 
This subcommittee and Congress ought to be as concerned about the 
impact of too much spending as we are about the potential impact of 
climate change and other issues.
  Chairman Dicks has spoken on many occasions about what he describes 
as ``the dark days'' and ``the misguided policies and priorities of the 
previous administration.'' Still, for any perceived or real 
inadequacies of past policies or budgets, it would be a mistake for any 
of us to believe we can spend our way to a solution to every challenge 
we face.
  The Federal Reserve Chairman, Ben Bernanke, recently told Congress 
that it's time for the Obama administration to develop a strategy to 
address record deficits or risk long-term damage to our economy. He 
said, ``Unless we demonstrate a strong commitment to fiscal 
sustainability in the longer term, we will have neither financial 
stability nor healthy economic growth.''
  A good bill is a balanced bill. But providing a disproportionate 
level of funding to one agency creates an imbalance that undermines the 
legitimate needs of other deserving agencies. That is why I question a 
$10.6 billion budget for the EPA--a 38 percent increase from last year. 
This is on top of the $7.2 billion the agency received in the stimulus 
package and the $7.6 billion it received in the enacted 2009 Interior 
bill.
  Taken together, the EPA will receive over $25 billion this calendar 
year alone. That's about the size of this subcommittee's entire budget 
just 2 years ago.
  While the EPA will receive an extraordinary, historic funding 
increase, it's worth noting the U.S. Forest Service was recently rated 
as one of the worst places to work in the Federal Government by a 
study conducted by the Office of Personnel Management. It isn't clear 
why Forest Service employees feel as they do, but it may be linked to 
the incredible funding challenges the Service has faced in recent years 
due to the growing cost of fire suppressions.

  From our hearings, we know that almost 50 percent of the Forest 
Service

[[Page H7404]]

budget is now consumed by the cost fighting wildfires. In past years, 
the Forest Service has had to borrow hundreds of millions of dollars 
from other accounts just to pay for fire suppression. Without any 
question, this creates uncertainty among Forest Service employees.
  President Obama is to be commended for tackling the issue of 
budgeting for fire suppression by proposing a fully funded fire 
suppression budget as well as a contingency reserve fund. And I commend 
Chairman Dicks for providing the Forest Service with resources to 
address many fire-related needs.
  Still, based upon recent fire patterns and the monumental increase in 
demand for fire suppression dollars, I feel strongly that the wildfire 
contingency reserve fund should be funded at the President's request 
level of $357 million. This reserve fund is similar to the emergency 
fund source contained in the FLAME Act, which passed the House in March 
on an overwhelming 412-3 vote.
  That is why the minority offered an amendment--adopted during full 
committee consideration--which increased the fire contingency reserve 
fund from $250 million in the chairman's mark to the President's 
requested level of $357 million. If virtually every other item in this 
legislation is funded at or above the President's request level, there 
should be no justifiable reason to exclude fire suppression. And I want 
to thank the chairman for accepting that amendment in the full 
committee.
  We paid for this increase by rescinding $107 million from the EPA's 
prior year balances. According to the May, 2009 report issued by the 
EPA's Inspector General's office, the EPA presently has $163 million on 
the books that have been sitting there unspent since 1999. The EPA does 
some good work, but if those dollars haven't been spent in 10 years, we 
ought to put them to good use fighting fires.
  While Chairman Dicks has done a good job addressing many critical 
issues in this bill, I don't believe that a $4.7 billion, or 17 
percent, increase over the FY 2009 enacted level is justified or 
warranted. This unprecedented increase follows a $3.2 billion, or 13 
percent, increase between FY 2008 and FY 2009 spending bills, as well 
as an $11 billion infusion from the American Recovery and Reinvestment 
Act. Frankly, we just can't afford this.
  In closing, I would again like to thank Chairman Dicks for the 
evenhandedness that he has shown in working with us. We work well 
together, and I think this bill shows that.
  In closing, I'd like to thank both majority and minority staff for 
their long hours and fine work in producing this legislation. On the 
majority side, this includes Delia Scott, Chris Topik, Julie Falkner, 
Greg Knadle, Beth Houser, Melissa Squire, Ryan Shauers, and Pete 
Modaff.
  On the minority side, let me thank my staff--Missy Small, Megan 
Milam, Kaylyn Bessey, and Lindsay Slater, as well as the committee 
staffers, Darren Benjamin and David LesStrang. If the Members of this 
House worked as well together as the majority and minority staffers do, 
we'd get a lot more done in this place.
  I reserve the balance of my time.
  Mr. DICKS. I'd like to yield 2 minutes to the gentleman from Kansas 
(Mr. Tiahrt) for the purpose of a colloquy.
  Mr. TIAHRT. I thank the chairman of the committee, Chairman Dicks, 
for the opportunity to discuss this important issue. After serving with 
Chairman Dicks as ranking member of this subcommittee during the 110th 
Congress, I know how hard he has worked to make sure that communities 
have access to EPA grants to help with their State and tribal 
assistance grants and clean water needs.
  It has come to my attention that the fiscal year 2009 Appropriations 
Act contained money for the city of Manhattan and Riley County for the 
Konza sewer line. However, with the delay in getting the money, the 
city had to go ahead with construction of the sewer line and now needs 
to use the money for a water line. EPA is supportive of the correction.
  I will include in the Record a letter from the EPA Region 7 office 
expressing their support for the correction.
                                       United States Environmental


                                            Protection Agency,

                                       Kansas City, June 25, 2009.
     Re Technical Correction to STAG Earmark Grant Authorization 
         for Riley Co, Kansas.

     Hon. Todd Tiahrt,
     Rayburn House Office Building,
     Washington DC.
       Dear Representative Tiahrt: Representative Boyda requested 
     funding for Riley Co. for the Konza sewer main extension in a 
     letter to the Chairmen Obey dated March 14, 2008. By the time 
     that grant was authorized, the sewer project was nearly 
     completed.
       EPA does not normally approve construction completed before 
     a grant is awarded because the procurement action would not 
     comply with EPA grant regulations. If the grantee has 
     additional water or wastewater construction pending, we 
     prefer to direct the grant funds to a pending project. We 
     discussed this with the County and suggested that they 
     contact Representative Jenkins office to request a technical 
     correction so that the grant could be used to fund the 
     construction of the Konza waterline extension project. Since 
     the County and the City of Manhattan are sharing costs on the 
     project, and since Manhattan has agreed to do the contracting 
     for the water line, I also suggested that the grant name be 
     changed from Riley Co. to the City of Manhattan so that EPA 
     could award the grant funds directly to Manhattan.
       Although these changes are a Congressional decision, EPA 
     does support using the funds for the waterline project, so 
     that an area adjacent to Manhattan which currently has an 
     inadequate source of drinking water, can receive high quality 
     drinking water from Manhattan to help protect the public 
     health of those living in the Konza area.
       Please do not hesitate to contact me at (913) 551-7417 or 
     [email protected] if you have any questions or need 
     additional information.
           Sincerely,
                                                Donald E. Gibbins,
           EPA Grant Project Officer, Wastewater & Infrastructure 
         Management Branch, Water, Wetlands & Pesticides Division.
  Mr. DICKS. Will the gentleman yield?
  Mr. TIAHRT. I would be glad to yield.
  Mr. DICKS. It is my understanding the community went forward with the 
necessary work in light of the Federal delay and now would like to use 
the money for a waterline. Is that correct?
  Mr. TIAHRT. It is correct. My fellow Kansan, the distinguished Member 
of the 2nd District of Congress, Ms. Lynn Jenkins, has worked hard on 
this issue. It is a critical need of her constituents. The region is 
experiencing high growth due to the ongoing troop buildup at Fort Riley 
with the return of the Big Red One.
  The City of Manhattan, Kansas, and Riley County are cooperating to 
provide municipal-level services along the K-177 corridor near Fort 
Riley. Strong interest has been expressed in the area by the 
development community, and there have been limitations on future growth 
on Manhattan's west side.
  The 2003 update of the Manhattan Urban Area Comprehensive Plan, which 
was a joint planning initiative with the city and the county, 
specifically identifies the K-177 gateway area as a potential urban 
growth corridor if municipal level services are provided. That's why 
the city could not wait on the sewer line project. It is already 
underway and being managed by the county.
  The city will be responsible for the design, bidding, and overseeing 
of the water project. The cost of both the water and sewer projects 
will be shared by the Federal Government, the city of Manhattan, and 
Riley County.
  Clearly, it was congressional intent that Manhattan's needs be 
funded. I understand the committee is not making technical corrections 
on EPA projects in this bill and is working out a new policy to do so 
in the future.

                              {time}  2130

  I hope that the chairman will take into consideration Manhattan's 
need and as the process moves forward work with Ms. Jenkins and myself 
to correct the issue. The delegation has been working with the EPA 
regional office in Kansas City, but in order to proceed the project 
description in Public Law 111-8 should read, ``The city of Manhattan 
for water line extension project.''
  I thank the chairman for his consideration on this important issue.
  Mr. DICKS. I understand my colleague's problem. We're going to work 
with him and try to work this out with the other body. But I realize 
how serious this is, and we'll work with him until we get a 
satisfactory solution.
  Mr. TIAHRT. I thank the chairman.
  Mr. DICKS. Madam Chair, if I could be recognized again, I want to 
yield 2 minutes to Congressman Gerald E. Connolly of Virginia for the 
purposes of a colloquy.

[[Page H7405]]

  Mr. CONNOLLY of Virginia. I thank my distinguished friend, the 
chairman of the subcommittee.
  Heritage programs have proven to be effective vehicles for increasing 
tourism and conservation. Many citizens have worked with their Members 
of Congress to designate new heritage areas. Thanks largely to the work 
of my colleague Frank Wolf, one of these new areas is the Journey 
Through Hallowed Ground National Heritage Area. I appreciate the 
chairman including funding for this and other new heritage areas in 
this markup as well as that of the ranking member, Mr. Simpson, and I 
ask if he foresees an opportunity to revisit that financial support in 
appropriations cycles.
  I yield to the gentleman from Washington.
  Mr. DICKS. I thank the gentleman from Virginia for acknowledging this 
important program. Would the gentleman agree that a critical component 
to freeing up additional dollars for the partnership program would be 
to have our existing heritage areas move towards self-sufficiency?
  Mr. CONNOLLY of Virginia. Yes, I agree with the distinguished 
chairman. In order to maintain and expand upon the existing program, we 
must ensure that existing heritage areas establish independent funding 
resources as originally envisioned. My district is the prime example of 
the importance of Federal funding. The historic village of Buckland is 
home to a Native American step mound, the home of a Jefferson-era 
northern Virginia Congressman, homes of an antebellum freeman 
community, and a Civil War battleground. It is one of the best 
preserved examples of a village planned on the traditional British 
axial layout. Many of the local residents have worked together to 
acquire and protect the historic structures and landscapes in Buckland. 
However, they cannot do it alone with development pressure in the 
National Capital Region threatening to degrade this fully intact 
historic site. This is a prime example of where additional funding 
could be used to augment substantial private funds to preserve an 
entire village in this case and surrounding landscape representing 
American history from the Native Americans to the Civil War and beyond. 
Madam Chairman, I thank the chairman for his interest and commitment to 
the heritage partner programs and look forward to working with him in 
the future.
  Mr. DICKS. Madam Chairman, I look forward to working with the 
gentleman from Virginia on this very important issue.
  Mr. SIMPSON. Madam Chairwoman, I would yield 2 minutes to my good 
friend from Oklahoma (Mr. Cole).
  Mr. COLE. I thank the gentleman for yielding.
  I must begin by expressing two reservations about the legislation in 
front of us. The first is the manner in which it arrived at the floor. 
Like my colleagues on my side, we're used to and treasure the idea that 
appropriations bills should come to this floor under an open rule so 
every Member can come forward and offer good suggestions, and the 
product can be improved. We didn't do that in this case, and I think 
that's regrettable. The bill would have been better; and frankly, I 
think the process a little less rancorous.
  Second, I want to express my sentiments in agreement with Mr. Simpson 
about the spending levels here. There's a lot of good projects in this 
bill. But whether or not we can sustain them over the long term I think 
is a very legitimate question that we're going to have to wrestle with 
again and again in bill after bill.
  Having said that, Madam Chairwoman, I'd like to balance my comments 
with three very positive observations about this product. The first is 
the process under which we arrived at a bill. I have to echo Mr. 
Simpson's appreciation for Chairman Dicks' wonderful cooperation and 
open process. Certainly the chairman and the ranking member worked 
together well. They included all of this, and I'm very grateful for 
that.
  Second, I agree with the chairman and the ranking member's emphasis 
on the importance of water projects. I too represent many small 
communities that struggle to have sufficient revenue to actually build 
the water systems they need. That's an appropriate focus, and I am 
grateful for that. And finally, Madam Chairwoman, all too often in this 
body the First Americans have been the last Americans. That's certainly 
not the case in this bill. The chairman, in particular, deserves 
extraordinary credit for the effort and resources he's put behind 
Native American concerns in health care, law enforcement and education. 
I am personally very grateful for it. It's one of the best efforts 
we've seen certainly in over a decade.
  In conclusion, Madam Chairwoman, I hope we can do a little bit better 
going forward in working on the spending and the prioritization. But I 
appreciate the process, and I'm confident we can improve this bill as 
we work it through.
  Mr. DICKS. I would like to yield myself 2 minutes for the purpose of 
having a colloquy with the gentleman from Oklahoma (Mr. Boren).
  Mr. BOREN. Thank you, Mr. Chairman.
  I am here today to seek the chairman's assistance with an important 
matter involving the Choctaw Nation of Oklahoma, a matter with which he 
has been most helpful and understanding. I am also proud my friend Mr. 
Cole from Oklahoma, who is a Chickasaw, a great friend of the Choctaw 
people, is here and helping me as well.
  The issue is the effect of the moratorium on school participation in 
the BIA academic funding system and its effect of preventing the 
Choctaw Nation of Oklahoma from carrying out its plan to operate a 
first through sixth grade school program. The original moratorium was 
to be temporary to afford the BIA a chance to control its construction 
policy; yet it, in fact, precluded the Choctaws from reconstituting 
their program, which was unilaterally cut by the termination policy of 
the 1950s, in spite of the fact that the tribe built a new school and, 
thus, saved the government considerable expense.
  I appreciate your pledge to work with me and the Choctaw Nation of 
Oklahoma to address this problem. And I deeply appreciate the committee 
including language in your report accompanying H.R. 2996, now under 
consideration, directing the Bureau of Indian Affairs ``to study and 
report to the committee within 180 days after the enactment of this Act 
on the impacts of allowing reinstatement of termination-era academic 
programs or schools that were removed from the Bureau School System 
between 1951 and 1972.'' This includes the reestablishment of Jones 
Academy of Oklahoma as part of the Bureau School System.
  Mr. Chairman, the Choctaw Nation has paid all construction and 
maintenance costs, and Jones Academy has received extensive positive 
recognition from multiple sources, yet the tribe is prohibited from 
operating Jones as a Federal grant school or for reestablishing their 
preexisting program. I would like to submit for the Record a 
prescription of the current Jones Academy program.
  It is to meet this concern that I ask for a clarification, Mr. 
Chairman. Is it the chairman's understanding that the study and report 
should be done in consultation with the tribes involved, as required by 
Public Law 95-561, and that the costs to be provided are to be those 
associated with the current tribal programs and practices and the 
current state of the school programs involved as opposed to the rural 
farm-based boarding programs of the 1950s?
  Mr. DICKS. Reclaiming my time, it is our understanding that the 
Member's statement of our intent is correct.
  Mr. BOREN. If I may ask one more question, is it the committee's 
intention at this time, absent a timely report by BIA directly 
responsive to the committee report language, to work to include Jones 
Academy as part of the Bureau School System?
  The Acting CHAIR (Ms. Edwards of Maryland). The time of the gentleman 
has expired.
  Mr. DICKS. I yield myself 1 additional minute.
  The gentleman from Oklahoma has contacted me, and I have assured him, 
Chief Pyle and the Choctaw Nation of Oklahoma that the ranking member 
and I share with the entire subcommittee his desire to support these 
efforts to provide quality educational opportunities for the students 
from many tribes nationwide who attend

[[Page H7406]]

Jones Academy. I will work towards inclusion of the Jones Academy, 
should the BIA be untimely or unresponsive to the committee's 
directive. But I doubt that they will be.
  Mr. BOREN. Thank you, Mr. Chairman.

                             Jones Academy


                              Introduction

       Jones Academy is a Native American residential learning 
     center for elementary and secondary school age children. The 
     boarding school is located in southeast Oklahoma and houses 
     co-ed students grades 1 through 12. Established in 1891, the 
     facility is under the auspices of the Choctaw Nation of 
     Oklahoma. The campus sits on 540 acres five miles east of 
     Hartshorne, OK on Highway 270.


                           Student Population

       150 to 190 students attend Jones Academy--50 to 60 
     elementary students (1st-6th)--100 to 130 junior high & high 
     school students (7th-12th)
       25 to 30 tribes are represented at Jones Academy
       10 to 15 states are represented at Jones Academy


                               Academics

       August 2005, grades lst-6th began being taught at Jones 
     Academy--School years 2005-06 & 2006-07: Jones Academy 
     achieved a perfect API (Academic Performance Index) on state 
     achievement tests
       August 2008, Choctaw Nation opened $10.2 million elementary 
     school at Jones Academy
       Jones Academy has an alternative school for students (7th-
     12th), that are behind in their credits (self-paced 
     curriculum)
       Approximately 120 students (7th-12th) attend the Hartshorne 
     Public school System
       Tutoring is offered five nights a week for all students
       Several academic software programs are utilized to enhance 
     student academic achievement
       Rewards for academic achievement provided by Jones Academy 
     and the Choctaw Nation STAR program plus the Jones Academy 
     Scholarship for former students enrolled in postsecondary 
     institutions of higher learning and/or training
       Vocational Training through the Kiamichi Technology Center
       Choctaw Language is offered


                                Medical

       Health Screenings--including physicals and dental services 
     for all students--provided by the Choctaw Nation Health 
     Services and follow-up appointments as needed
       All students receive eye checks with follow-up and glasses 
     purchased as needed
       Nutritional Classes/Activities including a school health 
     fair sponsored by the Choctaw Nation
       Students are provided with a school nurse in the evenings--
     offered through CNHS, as well as access to the health clinic 
     in McAlester and Talihina Hospital


                               Counseling

       Counseling Services--two licensed professional counselors, 
     four part-time mental health professionals with masters 
     degrees, one certified drug and alcohol, an academic/guidance 
     counselor and a school-based social worker
       ACT prep courses for college bound students as well as 
     visits to post-secondary institutions of higher learning and/
     or training
       Oaks peer/group intervention provided at the alternative 
     school
       Prevention and dorm meetings are held weekly


                         Recreation/Activities

       Students participate in athletics at Jones Academy and at 
     the Hartshorne Public School (baseball, softball, football, 
     volleyball, basketball, cheerleading, weightlifting, etc.)
       Horseback riding, archery, ROPES course, paint ball, over-
     night camping, social and cultural dances, movies, swimming 
     and fishing
       Outings to museums, area lakes, parks and zoo, sporting and 
     cultural events
       Six Flags Over Texas and Frontier City trips
       Raising & showing swine projects
       Summer youth work program


                           Enrichment Program

       Journalism class which produces a newsletter for parent/
     guardians/supporters
       Guitar & piano lessons
       Horseback riding
       Archery activities
       Ceramics, arts & crafts, pottery and art lessons
       Social skills training
       Community service projects


                             Other Services

       Student senior high school graduation expenses paid for by 
     Jones Academy (sr. pictures, announcements, sr. jacket, class 
     ring)
       Family day at Jones Academy
       Purchase hygiene products as well as clothing for students 
     as needed
       Provide three meals and snacks each day
       Provide safe secure environment for students and staff
       Provide transportation home to and from Jones Academy
       Provide adult supervision for students 24/7
       Assist student in getting driver's license
       Motivational speakers (including Miss OK/Miss America)


                          Location and History

       Jones Academy is a Native American residential learning 
     center for elementary and secondary school age children. The 
     facility is located in southeast Oklahoma and houses about 
     190 co-ed students grades 1 through 12. Established in 1891 
     by the Choctaw Nation of Oklahoma, the campus sits on 540 
     acres of rolling pasture 5 miles east of Hartshorne, OK on 
     Highway 270. Named after Wilson N. Jones, Principal Chief of 
     the Choctaws from 1890 to 1894, the school has served 
     generations of Native American children while under the 
     oversight of the Choctaw Nation or the Bureau of Indian 
     Affairs.


                              Student Body

       Initially, the facility was an all boys school. In 1955, 
     Wheelock, a non-reservation school for Indian girls, was 
     closed; approximately 55 female students then were 
     transferred to Jones Academy. In April of 1985, the Choctaw 
     Nation contracted the boarding school operation from the 
     Bureau of Indian Affairs. In 1988, Jones Academy became a 
     tribally controlled school.
       Our students represent a cross-section much like most other 
     areas of the country. Jones Academy's maximum enrollment is 
     190. In the past, the school has enrolled students from 29 
     different tribes. Students come from parts of Oklahoma, 
     Texas, Mississippi, New Mexico, Nevada, South Dakota, and 
     several other states. Each student is a member of a federally 
     recognized Indian tribe.


                     Facilities/Physical Resources

       The physical layout of the campus includes two dormitory 
     buildings, each divided into elementary and secondary wings. 
     There is a cafeteria, an after-school tutorial building, and 
     a counseling center. A gym houses two classrooms for 20 
     alternative school students, a basketball court, and a weight 
     room. The campus grounds also include a museum, an 
     administration building, and a library/learning center with 
     an underground storm shelter. The boys' dorm and the 
     cafeteria were completely renovated in 2000. The girls' dorm 
     was built in 1994 and is a modern, bright, home away from 
     home. All four dorms have communal living rooms with areas 
     for entertainment.


                            Academic Program

       The long-range goals of our academic program are to develop 
     capable students who can read and write proficiently and 
     perform math functions necessary in life. We believe that 
     building a strong foundation for our children will lead to 
     success.
       Our students attend the Hartshorne Public Schools. They are 
     fully supported in their academic endeavors as well as extra-
     curricular activities. Grades are monitored weekly to insure 
     that the student is performing to the best of his/her ability 
     and receiving proper instruction. Tutorial services are 
     offered to students in all grades. Students receive 
     incentives for academic achievements. High school students 
     are provided career counseling for postsecondary education 
     such as college or vocational training.
       Jones Academy houses an alternative school for students 
     whose needs have not been met in the traditional classroom or 
     who are behind in grade level. The limited class size and 
     self-paced curriculum allow the teachers to give the students 
     individualized academic attention.
       The Choctaw Nation has begun the process of operating its 
     own school at Jones Academy. Grades first through sixth are 
     presently held on our campus. Construction of the new 
     elementary school began in 2006.


                    Cultural/Recreational Activities

       A goal of Jones Academy is to involve all students in 
     cultural, educational and recreational activities. Our 
     facility offers a wide variety of services to the student. 
     Students are encouraged to participate in our cultural and 
     traditional programs. These activities include the Indian 
     Club, traditional dance, drum and singing groups, pow-wows, 
     visits to ancient burial mounds and tribal festivals/museums.
       Recreational activities include intramural sports, camping, 
     swimming, fishing, social dances, bowling, skating, movies, 
     picnics, horseback riding, and many other services. Jones 
     Academy offers a strong well-rounded program of activities to 
     meet the individual needs of our youth.


                            Medical Services

       With the support of Choctaw Nation Health Services, Jones 
     Academy is able to provide health care for our students. Our 
     youth receive complete physical exams soon after school 
     begins. Throughout the year, a registered nurse and 
     physician's assistant are on site four days of the week. 
     Other medical services are referred to the Choctaw Nation 
     Indian Health Clinic at McAlester and the Choctaw Nation 
     Indian Hospital at Talihina.


                           Student Activities

       Indian Club
       Drum, Dance, Singing Groups
       Jones Academy Rangers
       Girl Scouts
       Choctaw Language Classes
       Student Council
       Ropes Course
       Weight-Lifting
       Livestock Shows
       Dances and Prom
       Overnight Camping
       Paint Ball, Go-Cart Racing
       Horseback Riding, Skating
       Movies, Swimming, Fishing,
       Arts & Crafts, Flute Making
       Outings to Area Lakes/Parks, Zoos, Museums, Sporting and 
     Cultural Events, Shopping Trips

[[Page H7407]]

       Six Flags, Frontier City Trips


                          Residential Program

       Jones Academy provides the following services to our 
     students:
       Tutorial Assistance for All Grades
       Rewards for Academic Achievement
       Work Program for Clothing
       Summer JTPA Work Program
       Drug and Alcohol Education
       Library Learning Center with Computers and Internet/E-mail 
     Access
       Career Counseling
       College and ACT Tests Preparation
       Senior Graduation Expenses Paid
       Jones Academy Scholarship Program
       Vocational Training through the Kiamichi Technological 
     Center
       Alternative School Program
       Agriculture Program
       Driver's License
       Jones Academy Yearbook
       Family Day
       Nutritional Education
       Complete Physical Exams
       Medical Services Provided
       Mental Health Services
       Health Fair
       Walking Program & Aerobics Class
       Project Fit America
       Life Skills Curriculum
       Social Services Staff
       Campus Security

  Mr. SIMPSON. Madam Chairwoman, I now yield 3 minutes to my good 
friend from Indiana, the former chairman and now ranking member of the 
Veterans' Affairs Committee, Mr. Buyer.
  Mr. BUYER. I thank both gentlemen for their leadership.
  In the spring of 2007, it came to my attention that the condition in 
the 14 national cemeteries under the jurisdiction of the National Park 
Service are not maintained at the same high level as the national 
cemeteries administered by the Department of Veterans Affairs. Of these 
14 cemeteries, only two of them, Andersonville in Georgia and Andrew 
Johnson in Tennessee, are still open and regularly inter veterans.
  While on active duty as a colonel in the Army Reserves, I visited 
Andersonville with a cadre of JAG officers. I then discovered the 
conditions of the cemetery to be unacceptable and not up to the 
standards that these heroes have earned. The grave markers had not been 
washed in some time, as you can see on this photo. The markers are 
completely out of line. The weeds have grown up all around the markers. 
Shrubbery had not been cared for in the manner that it should, and it 
appears that the attention had not been given to these graves that I 
believe should have been.
  I had an amendment that should have been ruled in order, but it was 
not under the rule. It would have required the Secretary of the 
Interior to contract with an independent organization to conduct a 
study of all National Park Service cemeteries and identify the 
improvements that are necessary for these cemeteries to meet the same 
high standard of the VA's National Shrine Program that's in the 
cemetery system. I modeled this amendment after the successful VA 
shrine commitment legislation in Public Law 106-117. It's because of 
this study the VA has raised the standards of all VA cemeteries to make 
them national cemeteries of which we can all be proud.
  While I'm encouraged by the National Park Service's response in 
addressing this problem since I brought it to the Nation's attention in 
2007, we still have a little ways to go. You can see what Andersonville 
looked like then. Here is Normandy. Normandy comes under the Battle 
Monuments Commission. This is like a putting green. It is extraordinary 
what the Battle Monuments Commission does. Then we have Arlington, 
under the jurisdiction of the United States Army, then oversight by the 
VA--a beautiful cemetery worthy of these heroes. Then we have a VA 
cemetery, a picture here in San Diego under the National Shrine 
Program--excellent. But what happened when I complained about, Let's 
get rid of the weeds around the stones? They took a weed whacker, and 
they removed all the weeds, and now we've got dirt around all the 
stones. That is not the shrine program that we're talking about.
  Mr. DICKS. Will the gentleman yield?
  Mr. BUYER. Please.
  Mr. DICKS. Mr. Buyer, I would like to thank you for bringing this 
issue to light and I would like to work with you to improve the 
standards of these cemeteries. I do agree that we must improve these 
cemeteries to ensure that our appreciation for our veterans' sacrifices 
is appropriately expressed by maintaining their final resting place to 
the highest standards. I want to assure the gentleman that the National 
Park Service is taking steps towards better maintenance of the 
cemeteries. The national office of the Park Service is assembling a 
team with expertise and cultural resource preservation and maintenance. 
This team will conduct a review of these two active cemeteries and make 
recommendations to the national office regarding appropriate corrective 
actions where deficiencies are found. I would follow up this effort to 
ensure that the services provide a level of care befitting a national 
shrine. I look forward to working with you to address this issue.
  Mr. SIMPSON. Will the gentleman yield?
  Mr. BUYER. I yield to the gentleman from Idaho.
  Mr. SIMPSON. I would like to echo the words of Chairman Dicks and 
thank the gentleman from Indiana for bringing this to our attention, 
the importance of improving the standards of these cemeteries. Mr. 
Buyer's amendment--though not made in order, and it should have been 
made in order--has made us aware of this situation that must be 
addressed. I will continue to work with Chairman Dicks and Mr. Buyer to 
ensure that these veterans' cemeteries are brought up to the standard 
consistent with other veterans' cemeteries.
  Mr. BUYER. I would ask the chairman--this team shouldn't just go to 
two cemeteries, Norm. It should go to all 14 cemeteries, not just the 
two that are presently interring. The Department of the Interior, they 
have made progress; but Chairman Dicks, we can take care of this right 
now. You and I sat there, along with the ranking member, in discussions 
in the Rules Committee as to why this should be an open rule; and the 
three of us should be able to work in the interest of the country right 
now. And I would appeal to you, Mr. Chairman. We can take care of this 
right now. You can move that the committee do rise, and I could offer 
this amendment. We can voice vote it. You can accept it. We can go back 
to the Committee of the Whole.
  I would yield to the gentleman for consideration.
  Mr. DICKS. I cannot do that.
  The Acting CHAIR. All Members are reminded to address the Chair.
  Mr. DICKS. I appreciate the gentleman yielding. Unfortunately I can't 
do that. But I will do everything I can, not only to address the two 
that you've mentioned, but all 14; and we'll work together on this. If 
it isn't to the gentleman's satisfaction, we will address it with 
legislation next year.
  The Acting CHAIR. The time of the gentleman from Indiana has expired.
  Mr. SIMPSON. I yield the gentleman 1 additional minute.

                              {time}  2145

  Mr. BUYER. What I had hoped to do, instead of saying let's fence off 
money and do this type of requirement, what I had hoped to do is make 
it clean and clear. Maybe there's an arrangement whereby the three of 
us can work with Secretary Salazar and we can ask him that he do the 
initiative, do the study, move to the National Shrine Program, bring it 
into next year's budget.
  Mr. DICKS. Will the gentleman yield?
  Mr. BUYER. I yield.
  Mr. DICKS. I'm prepared to have a meeting with officials from the 
Interior Department, with Mr. Simpson, and yourself to address this 
issue. That's the best I can do today. But we will follow through and 
make sure it happens.
  Mr. BUYER. Your word is solid with me.
  Mr. SIMPSON. I thank the gentleman for bringing this to our 
attention, and I can guarantee that the National Park Service is now 
aware of it also.
  Mr. BUYER. Thank you, gentlemen.
  Mr. SIMPSON. Madam Chairwoman, I reserve the balance of my time.
  Mr. DICKS. Madam Chair, I welcome a colloquy with my distinguished 
colleague, Mr. LaTourette, and yield him 2 minutes.
  Mr. LaTOURETTE. I thank the distinguished chairman.
  First I would like to begin by expressing my appreciation to the 
chairman for his work on this bill, especially his commitment to 
investing in

[[Page H7408]]

the new Great Lakes Restoration Initiative, which I believe will 
significantly accelerate the pace of Great Lakes cleanup and protection 
efforts.
  I would like to clarify one important aspect of this effort, however, 
regarding the committee's intent for a portion of the funding included 
in this vital initiative.
  Mr. DICKS. Will the gentleman yield?
  Mr. LaTOURETTE. Happily.
  Mr. DICKS. I appreciate the gentleman's remarks. We were pleased to 
include funding for this important program in the bill, based on the 
administration's budget request and the broad bipartisan support of my 
colleagues including my colleague from Ohio (Mr. LaTourette).
  Mr. LaTOURETTE. Reclaiming my time, thank you, Mr. Chairman.
  To accomplish the ambitious goals of the Great Lakes Restoration 
Initiative, a variety of approaches and strategies will be required. 
Among these is the targeted conservation of key coastal natural 
resource lands. Along the shores of the Great Lakes and elsewhere 
across the Nation, a number of these coastal landscapes are being 
protected through the National Oceanic and Atmospheric Administration's 
Coastal and Estuarine Land Conservation Program, or CELCP. With the 
program's 50 percent matching requirement and the engagement of coastal 
communities and States, the program leverages Federal investment in 
remarkable ways. In my own State of Ohio, CELCP has been instrumental 
in securing key properties and conserving ecological resources at the 
Mentor Marsh and along East Sandusky Bay. I understand that the 
chairman's own involvement in the program has helped to conserve vital 
coastal resources along the Puget Sound.
  Under the Great Lakes Restoration Initiative, $15 million would be 
available to NOAA for habitat restoration and protection. I understand 
that an underlying expectation for these funds is that at least half of 
them would be expended through CELCP on land conservation priorities 
that contribute to the goals of the initiative and these funds would 
supplement rather than replace CELCP funds provided in other 
legislation for priorities in the Great Lakes region. Is this correct?
  I yield to the gentleman.
  Mr. DICKS. The gentleman from Ohio is indeed correct. In my district 
I have seen the importance of the partnerships in the CELCP to our 
fragile coastal resources. The committee expects NOAA to invest in 
Great Lakes conservation through CELCP, as the gentleman has outlined; 
and I would be happy to work with him to ensure that the funds will be 
used for this purpose.
  Mr. LaTOURETTE. Reclaiming my time, I thank the Chair.
  Mr. DICKS. Madam Chair, I reserve the balance of my time.
  Mr. SIMPSON. Madam Chairwoman, I now yield 3 minutes to the gentleman 
from Georgia (Mr. Broun).
  Mr. BROUN of Georgia. Madam Chairman, the House is now considering 
the Department of Interior, Environment, and Related Agencies 
Appropriations Act of 2010.
  Appropriations bills have traditionally been brought to the floor 
under an open rule where all relevant amendments are allowed to be 
offered to the bill. Sadly, the majority has decided to reject 
precedent. We're once again operating under a structured rule on an 
appropriations bill.
  And what is the reason given for silencing the representatives of 
millions of Americans? Time. In their push to get through massive 
spending bills, the leadership in this House have decided that doing so 
quickly is more important than having a quality debate on how the 
taxpayers' money is being spent. Not allowing votes on relevant 
amendments is a historic blow against the rights of all Members of this 
great institution. More importantly, this Democratic stunt muzzles the 
voices of the American people. Only 13 amendments out of 105 that were 
offered in the Rules Committee were made in order. I personally offered 
12 without a single one made in order. And to think that we Republicans 
are the ones being called ``childish.'' Come on.
  At a time when our Nation faces an economic crisis, record debt, 
rising unemployment, this year's Interior Appropriations bill spends a 
whopping 17 percent more than last year.
  One of my amendments that was not allowed would have simply reduced 
the amount appropriated under this act by a mere half of a percent, 0.5 
percent. That's half a penny for every dollar that the Federal 
Government spends. Another amendment of mine would have reduced the 
amount of appropriations in this bill by the amount of unobligated 
stimulus funds that was given earlier this year.
  The Founding Fathers gave Congress the sole power of the purse. In 
article I, section 9, clause 7 of the Constitution it specifies that 
``no money shall be drawn from the Treasury, but in consequence of 
appropriations made by law.'' Many of the Founding Fathers believed 
that the power of the purse is the most important power of Congress.
  In Federalist No. 58, James Madison wrote: ``This power of the purse 
may, in fact, be regarded as the most complete and effectual weapon 
with which any constitution can arm the immediate representatives of 
the people for obtaining a redress of every grievance and for carrying 
into effect every just and salutary measure.''
  Whether you believe that the Federal Government is spending too much 
money, as I do, or not enough, the American people deserve an open 
process that allows votes on how we spend their money, regardless of 
how much time it takes.
  The Acting CHAIR. The time of the gentleman has expired.
  Mr. SIMPSON. Madam Chairwoman, I yield the gentleman an additional 30 
seconds.
  Mr. BROUN of Georgia. The appropriations process is one of the 
primary ways that Congress exercises that power given to us by the 
Constitution.
  I ask that the majority leadership reconsider this dangerous path we 
are headed down. All Members of Congress must be allowed to offer all 
relevant amendments on all appropriations bills and let the people's 
voices be heard. Please let their voices be heard on the floor of this 
House.
  Mr. DICKS. Madam Chair, I yield 5 minutes to the distinguished 
gentleman from Kentucky, who is a distinguished member of our 
subcommittee (Mr. Chandler).
  Mr. CHANDLER. I would first like to express my gratitude to our 
chairman, Mr. Dicks, who has provided tremendous leadership on this 
bill, tremendous leadership throughout the year on the Interior 
Appropriations bill, a bill that I believe is extremely important to 
the future of our country. I'd also like to thank our ranking member, 
Mr. Simpson, for the way that he has in a very bipartisan way conducted 
himself and the business of the committee. It's been a committee that 
has worked tremendously well together throughout the year.
  Madam Chairman, I want to rise to express my strong support for this 
bill. This bill is an extremely important one, as I mentioned a moment 
ago; and I believe that we have had the opportunity this year, as a 
result of our chairman's efforts, to hear hundreds of witnesses in 
extensive hearings. I believe this is one of the most hardworking 
subcommittees of the Appropriations Committee. We have discovered some 
very real needs across this country. We discovered, of course, the fact 
that many of the needs in our country have languished over quite a 
number of years, and this subcommittee has made a great effort, I 
believe, in this bill to address some of those needs.
  We're all struggling in this country today with a troubled economy. 
Therefore, the investments made in this bill are all the more important 
to the people and to the communities that we all serve. And I would 
like to mention a few of the things in this bill that I believe are 
particularly important.
  Deteriorating water infrastructure across the country endangers the 
health of our citizens and of our environment. At the same time, our 
State and local governments are faced, as we all know, with enormous 
budget shortfalls, preventing them from adequately addressing the 
problem. Federal support for drinking water and wastewater 
infrastructure is necessary. This bill provides nearly $4 billion in 
grants and loans for this purpose, a small down payment on the need, 
estimated at some $300 billion over the next 20 years.
  In the area of conservation, this bill does great things for public 
lands and wildlife conservation. Funding for the National Park Service, 
our wildlife refuges, and our national forests will help

[[Page H7409]]

maintain these national treasures for the enjoyment of all Americans. 
Our public lands are key to preserving habitats and biodiversity, which 
have positive impacts on our quality of life and the health of our 
ecosystems.
  And in the area of environmental protection, Madam Chairman, in this 
legislation we make strong investments in programs that protect our 
environment. The Superfund program cleans up our Nation's most 
contaminated sites and readies them for new economic development. The 
Energy Star program conserves energy and saves the consumer money. This 
bill provides increases to both the Superfund and Energy Star.
  This bill also helps preserve our cultural heritage and educates our 
citizens about our history. State Historic Preservation Offices are 
funded at $46.5 million. The projects these organizations undertake in 
all 50 States not only protect our cultural identity, but they create 
jobs in so many of our small towns and communities.
  This legislation is responsible, Madam Chairman, for investment in 
our future. It protects our environment, it protects our health, and it 
celebrates our heritage, among many other things. Chairman Dicks ought 
to be commended for the job that he has done in putting together a bill 
that is very difficult to put together in many ways. He's worked 
diligently on it.
  And I also want to take this opportunity to thank our chairman for 
making a special effort this year to fly to my home State of Kentucky 
to look at some very significant issues in our mountains of Kentucky, 
the practice of mountain-top removal, a controversial practice which is 
of great concern to many of our citizens.
  Mr. Chairman, I thank you for your efforts in that regard, and I 
thank you for the work you've done.
  Mr. SIMPSON. Madam Chairwoman, I yield myself such time as I may 
consume for the purposes of entering into a colloquy with Chairman 
Dicks on behalf of Mr. Calvert of California.
  Mr. Dicks, I rise today in support of the Diesel Emissions Reduction 
Act grants programs, which provide needed funding to State and local 
pollution control agencies to retrofit and replace older, higher 
emission diesel with newer, lower emission, and more efficient 
technologies.
  EPA studies indicate that black carbon, like that emitted from diesel 
engines, is the second most significant contributor to global warming. 
Retrofits and replacements of old diesel engines, like those supported 
by DERA, reduce these emissions by up to 90 percent.
  Recently, a broad and diverse coalition of over 250 environmental, 
science, public health, industry, and State and local governments wrote 
members of the Interior and Environment Appropriations Subcommittee 
encouraging the committee to fully fund the DERA program at its $200 
million authorized level for fiscal year 2010. Over 40 bipartisan 
Members of the House sent a similar letter of support to the 
subcommittee. Funds invested by the Federal Government in this program 
leverage two State and local dollars for every one Federal dollar 
appropriated and provide $13 of economic benefit for every dollar spent 
on the program.

                              {time}  2200

  The Diesel Emissions Reduction Act was authorized at 200 million per 
year from FY07 to FY11. However, even given this program's success in 
combating global warming, DERA has received less than $146 million in 
regular fiscal year appropriations so far, 25 percent of its authorized 
level. In this year's bill, the DERA program is slated to receive $60 
million.
  To date, this successful program has received over 650 applications 
for DERA grants totaling over $2 billion. Given this fact and the broad 
support this program has received, our colleague, Mr. Calvert, 
introduced an amendment in the Appropriations Committee to increase 
funding for DERA by $15 million. Though this amendment was not adopted, 
Mr. Chairman, I ask you today, are you willing to work with Congressman 
Calvert in the future to increase funding for DERA closer to its 
authorized level?
  Mr. DICKS. Will the gentleman yield?
  Mr. SIMPSON. I will yield.
  Mr. DICKS. First, Mr. Simpson, I want to commend you for your 
leadership on the Interior and Environment Subcommittee and your 
support of the DERA program. There is no doubt that the DERA program is 
a worthwhile and beneficial program that plays a significant role in 
combating global warming and improving air quality. This is why this 
subcommittee has continued to fund and support this program. We 
provided $60 million in both fiscal years 2009 and 2010, and an 
additional $300 million through the Recovery Act.
  To date, only 32 percent of funds appropriated for this program 
through the Recovery Act have been spent. I understand that EPA plans 
to obligate all the Recovery Act funds before they begin a solicitation 
for the 2009 funds. It could be well into 2010 before the 2009 funds 
are spent.
  President Obama's budget requested $60 million for the DERA program 
in FY10 and this bill provides that. Over the next fiscal year, I will 
work with you, Mr. Calvert--Congresswoman Doris Matsui has also talked 
to me about this--the EPA, and program stakeholders to review DERA in 
hopes of improving and streamlining its grant-making process and 
ensuring that we provide the proper level of funding in 2011.
  Mr. SIMPSON. Reclaiming my time, Mr. Chairman, I am eager to work 
with you over the coming year to improve the DERA granting process to 
ensure that applications are processed and grants are awarded in a 
timely and efficient manner and work with you in the coming fiscal 
years to secure more robust funding for this program. It truly is a 
win-win-win situation, stimulating the American economy, improving air 
quality nationwide, and reducing emissions that are among the greatest 
contributors to global warming.
  I want to thank Mr. Calvert for his interest and bringing this to our 
attention.
  I reserve the balance of my time.
  Mr. DICKS. Can you tell us what the remaining time is on both sides?
  The Acting CHAIR. The gentleman from Washington has 3\3/4\ minutes, 
and the gentleman from Idaho has 4 minutes.
  Mr. DICKS. I reserve the balance of my time.
  Mr. SIMPSON. I would inform the chairman that we have no further 
speakers.
  Let me just say in closing, Madam Chairwoman, that I have truly 
appreciated working with you, Chairman Dicks. You and the staff have 
been an honor to work with, and I think we have created a very good 
bipartisan bill. To tell you the truth, I can't complain about anything 
where you have spent the funds, although there might have been some 
differences that I would have made if I were king for a day and that 
type of thing, but I think we have come out with a good bill.
  As I have said, since we started the markup, you know that my major 
concern is the overall spending level in this bill. But in terms of 
what we have spent it on, I have no problems with the way that you are 
approaching this, and I thank you for your bipartisanship and working 
with us.
  Mr. DICKS. Will the gentleman yield?
  Mr. SIMPSON. I would be happy to yield to the gentleman.
  Mr. DICKS. I want to commend the gentleman for his work and his 
staff's work. It's been a real pleasure. Everyone has worked together. 
I also want to commend again, the attendance on your side of the aisle. 
We have four Cardinals on our subcommittee, so they have subcommittees 
they are running. It's very difficult for everybody to be there, but 
your side has been there, and it's been terrific and the questions have 
been great, and it's just been a real pleasure.
  And I also want to thank Mr. Obey, the chairman of the full 
committee, for this allocation. We can only go as far as our 
allocation, and I think Mr. Obey recognized that we had been hurt over 
the last 8 years, and that this was a catch-up budget.
  But these are such important programs, our national parks, our 
national forests, our Fish and Wildlife Service, and the programs for 
the tribes. And I have really appreciated Mr. Cole and Mr. Olver, who 
have both been so concerned and sensitive about these tribal issues.
  And we have made substantial increases. But even with that, the work

[[Page H7410]]

remains to be done. There still is more that needs to be done in order 
to really take care of the issues in Indian country. And I thought some 
of our hearings this year where we really got into law enforcement and 
the need for more law enforcement, the need for a recognition that the 
laws are covering tribal areas today are not sufficient, and the 
Justice Department needs to take action on this.
  So I commend the gentleman for his solid work and participation, and 
let's get on with the amendments.
  Mr. SIMPSON. Reclaiming my time, I thank you, and as I said in my 
opening statement, I truly do want to thank you for the oversight 
hearings that you have. It's been the best committee that I have served 
on in my time in Congress in terms of the oversight hearings that we 
have done, and I think that's one of the most vital functions that we 
have performed here and you have done a masterful job on them.
  Mr. EHLERS. Madam Chair, I rise to take a few moments to talk about a 
portion of this bill that I am very supportive of--the Great Lakes 
Restoration Initiative.
  The Great Lakes are a national treasure. The lakes hold 95 percent of 
the U.S. surface fresh water and are the largest system of surface 
fresh water on the planet. In addition to offering recreation and 
transportation options, the Great Lakes also provide more than 30 
million people with drinking water.
  Unfortunately, the health of the Great Lakes is threatened by aquatic 
invasive species, contaminated sediment, nonpoint source pollution, and 
habitat loss. Failure to protect and restore the lakes now will result 
in more serious consequences in the future, in addition to increasing 
cleanup costs.
  Since being elected to Congress, I have championed Great Lakes 
restoration efforts, and I am very pleased that the President's budget, 
the Congressional budget resolution, and this appropriations bill, all 
include $475 million for the Great Lakes Restoration Initiative. 
Although this amount is still far short of what is needed to promptly 
restore the Great Lakes, it is a significant down payment. I thank the 
Chairman and Ranking Member for recognizing the importance of restoring 
the Great Lakes and for including this historic funding level.
  Mr. SIMPSON. I yield back the balance of my time.
  Mr. DICKS. I yield back the balance of my time.
  The Acting CHAIR. All time for general debate has expired.
  Pursuant to the rule, the bill shall be considered for amendment 
under the 5-minute rule.
  No amendment shall be in order except the amendments printed in part 
A and B of House Report 111-184, not to exceed three of the amendments 
printed in part C of the report if offered by the gentleman from 
Arizona (Mr. Flake) or his designee; not to exceed one of the 
amendments printed in part D of the report if offered by the gentleman 
from California (Mr. Campbell) or his designee; and not to exceed one 
of the amendments printed in part E of the report if offered by the 
gentleman from Texas (Mr. Hensarling) or his designee. Each amendment 
shall be considered as read, shall be debatable for 10 minutes equally 
divided and controlled by the proponent and an opponent, and shall not 
be subject to a demand for division of the question. An amendment 
printed in part B, C, D, or E of the report may be offered only at the 
appropriate point in the reading.
  After consideration of the bill for amendment, the Chair and ranking 
minority member of the Committee on Appropriations or their designees 
each may offer one pro forma amendment to the bill for the purpose of 
debate, which shall be controlled by the proponent.
  The Clerk will read.
  The Clerk read as follows:

                               H.R. 2996

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That the 
     following sums are appropriated, out of any money in the 
     Treasury not otherwise appropriated, for the Department of 
     the Interior, environment, and related agencies for the 
     fiscal year ending September 30, 2010, and for other 
     purposes, namely:

                  TITLE I--DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                   management of lands and resources

       For necessary expenses for protection, use, improvement, 
     development, disposal, cadastral surveying, classification, 
     acquisition of easements and other interests in lands, and 
     performance of other functions, including maintenance of 
     facilities, as authorized by law, in the management of lands 
     and their resources under the jurisdiction 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 96-487 (16 U.S.C. 3150(a)), 
     $950,496,000, to remain available until expended; and of 
     which $3,000,000 shall be available in fiscal year 2010 
     subject to a match by at least an equal amount by the 
     National Fish and Wildlife 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.


              Part A Amendment No. 1 Offered by Mr. Dicks

  Mr. DICKS. Madam Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part A amendment No. 1 offered by Mr. Dicks:
       In the item relating to ``Office of Surface Mining 
     Reclamation and Enforcement_Abandoned Mine Reclamation Fund'' 
     (page 26, line 2), before the period at the end insert ``: 
     Provided further, That funds made available under title IV of 
     Public Law 95-87 may be used for any required non-Federal 
     share of the cost of projects funded by the Federal 
     Government for the purpose of environmental restoration 
     related to treatment or abatement of acid mine drainage from 
     abandoned mines: Provided further, That such projects must be 
     consistent with the purposes and priorities of the Surface 
     Mining Control and Reclamation Act''.
       Page 18, line 11, after the dollar amount, insert 
     ``(increased by $10,000,000)''.
       Page 18, line 13, after the dollar amount, insert 
     ``(increased by $10,000,000)''.
       Page 46, line 2, after the dollar amount, insert ``(reduced 
     by $10,000,000)''.
       Page 16, line 25, after the dollar amount, insert 
     ``(increased by $1,000,000)''.
       Page 17, line 3, after the dollar amount, insert 
     ``(increased by $1,000,000)''.
       Page 17, line 18, after the dollar amount, insert 
     ``(reduced by $1,000,000)''.

  The Acting CHAIR. Pursuant to House Resolution 578, the gentleman 
from Washington (Mr. Dicks) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Washington.
  Mr. DICKS. This is a good amendment. It's the so-called manager's 
amendment. It does three important things, but they are modest.
  First, as Chairman Rahall of the Natural Resources Committee pointed 
out, this amendment restores the Interior Department's authority to 
assist cooperative watershed projects that restore streams damaged by 
acid mine drainage. This authority was in law for several years but was 
inadvertently discontinued after the surface mining reclamation law 
amendments of 2006. This amendment aids citizens groups and States that 
are restoring streams damaged by previous coal mining.
  Second, this amendment adds $10 million to the National Park Service 
State grant program. This program provides grants for acquisition of 
park and recreation lands by State and local communities and was 
proposed by Mr. McGovern.
  There is tremendous demand for more parkland and for recreational 
facility development. It is more and more vital to get people, and 
especially kids, out in nature and outdoors doing active recreation.
  Lastly, this amendment increases the Save America's Treasures program 
by $1 million. This will provide funding for cost share historic 
preservation projects, and I urge adoption of the amendment.
  I reserve the balance of my time.
  Mr. SIMPSON. Madam Chairman, I would claim time in opposition.
  The Acting CHAIR. The gentleman from Idaho is recognized for 5 
minutes.
  Mr. SIMPSON. Madam Chairwoman, it saddens me that we are here with 
this manager's amendment. Traditionally, manager's amendments have been 
noncontroversial--when they have ever been offered on an appropriation 
bill, have been noncontroversial and have been offered by both sides. 
That's not the case on this amendment.
  Surprisingly, my opposition to the amendment isn't because of the 
substance of the amendment and the provisions of the amendment, it's 
how it got here. There were a number of amendments that were proposed 
last night in the Rules Committee; almost all of them were turned down. 
There were amendments that had substantive purposes offered by Members 
on my side of the aisle that were turned down.
  The ranking member of the full committee offered an important 
amendment that was not made in order. The

[[Page H7411]]

ranking member of the subcommittee, myself, offered an amendment that 
was important and was not made in order. And yet we have taken three 
proposed amendments that were offered in the subcommittee and rolled 
them together in one manager's amendment and brought it to the floor, 
three Democratic proposed amendments and rolled it into a manager's 
amendment. This is not in the tradition of what a manager's amendment 
should be.
  And so while I can't complain about the amendments, the amendments 
that were offered, per se, if they were offered individually and had 
been allowed by the Rules Committee to be allowed independently along 
with some of the other amendments that should have been allowed, I 
would have voted for all of these amendments, most likely. But it's the 
process that brought us to this state.
  And, unfortunately, what's been happening with the rules that have 
been adopted for consideration of appropriation bills, it leads us to 
these types of incidents that should not happen, that are unnecessary, 
that we try to get around our own rules and our own traditions of 
having manager's amendments approved by both sides that are generally 
noncontroversial.
  So, again, while I don't oppose the individual provisions of this, 
how this amendment got here and what it contains is not fair to the 
rest of the Members who put in thoughtful efforts to go to the Rules 
Committee and propose amendments.
  I reserve the balance of my time.
  Mr. DICKS. I yield myself the balance of my time.
  I would just say to the gentleman from Idaho, we should have had more 
dialogue on this manager's amendment. And we are just getting a new 
team in place, and I am not blaming it on anybody, so I take 
responsibility myself. But in the future, on any manager's amendment, 
you and I will have a thorough discussion about it. And if the 
gentleman has some suggestions for the manager's amendment, they will 
be considered. So I take the gentleman's point as well made, and this 
is something we will follow through on.
  Again, this is, I think, very noncontroversial, so I urge adoption of 
the amendment.
  I reserve the balance of my time.
  Mr. SIMPSON. Yielding myself the remainder of my time, and I take the 
gentleman from Washington at his word, I know that he is a gentleman of 
honor and he wants to work these out in a bipartisan fashion. In fact, 
I am not sure that the gentleman agrees fully with what has been going 
on with some of the rules and would like to get back, like many of us 
would, to regular order, and we would like to do that.
  But if we had time to confer, and I understand what the gentleman is 
saying, a very noncontroversial amendment that could have been adopted 
was Mr. Buyer's amendment that we talked about on the veterans' 
cemeteries within the National Park Service would have been simple to 
put in a manager's amendment.
  But I take the gentleman at his word and I look forward to working 
with him in the future on this.
  I yield back the balance of my time.
  Mr. DICKS. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Washington (Mr. Dicks).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. SIMPSON. Madam Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Washington 
will be postponed.

                              {time}  2215

  Mr. DICKS. I ask unanimous consent that the remainder of the bill 
through page 9, line 20 be considered as read.
  The Acting CHAIR. Is there objection to the request of the gentleman 
from Washington?
  There was no objection.
  The text of that portion of the bill is as follows:

       In addition, $45,500,000 is for the processing of 
     applications for permit to drill and related use 
     authorizations, to remain available until expended, to be 
     reduced by amounts collected by the Bureau and credited to 
     this appropriation that shall be derived from $6,500 per new 
     application for permit to drill that the Bureau shall collect 
     upon submission of each new application, and in addition, 
     $36,696,000 is for Mining Law Administration program 
     operations, 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 appropriation estimated at not more than 
     $950,496,000, and $2,000,000, to remain available until 
     expended, from communication site rental fees established by 
     the Bureau for the cost of administering communication site 
     activities.

                              construction

       For construction of buildings, recreation facilities, 
     roads, trails, and appurtenant facilities, $6,590,000, to 
     remain available until expended.

                            land acquisition

       For expenses necessary to carry out sections 205, 206, and 
     318(d) of Public Law 94-579, including administrative 
     expenses and acquisition of lands or waters, or interests 
     therein, $26,529,000, to be derived from the Land and Water 
     Conservation Fund and to remain available until expended.

                   oregon and california 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 Oregon and California Railroad 
     grant lands, on other Federal lands in the Oregon and 
     California land-grant counties of Oregon, and on adjacent 
     rights-of-way; and acquisition of lands or interests therein, 
     including existing connecting roads on or adjacent to such 
     grant lands; $111,557,000, to remain available until 
     expended: Provided, That 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 General Fund in the Treasury in 
     accordance with the second paragraph of subsection (b) of 
     title II of the Act of August 28, 1937 (50 Stat. 876).

               forest ecosystem health and recovery fund

                   (revolving fund, special account)

       In addition to the purposes authorized in Public Law 102-
     381, funds made available in the Forest Ecosystem Health and 
     Recovery Fund can be used through fiscal year 2015 for the 
     purpose of planning, preparing, implementing and monitoring 
     salvage timber sales and forest ecosystem health and recovery 
     activities, such as release from competing 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 through fiscal year 
     2015 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 
     Management 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 Bankhead-Jones lands 
     transferred to the Department 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.

               service charges, deposits, and forfeitures

       For administrative expenses and other costs related to 
     processing application documents and other authorizations for 
     use and disposal of public lands and resources, for costs of 
     providing copies of official public land documents, for 
     monitoring construction, operation, and termination of 
     facilities in conjunction with use authorizations, and for 
     rehabilitation of damaged property, such amounts as may be 
     collected under Public Law 94-579, as amended, and Public Law 
     93-153, to remain available until expended: Provided, That, 
     notwithstanding any provision to the contrary of section 
     305(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 appropriate for refund pursuant to section 305(c) of 
     that Act (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 Bureau of Land Management 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 further, 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.

                       miscellaneous trust funds

       In addition to amounts authorized to be expended under 
     existing laws, there is hereby

[[Page H7412]]

     appropriated such amounts as may be contributed under section 
     307 of the Act of October 21, 1976 (43 U.S.C. 1701), and such 
     amounts as may be advanced for administrative costs, surveys, 
     appraisals, and costs of making conveyances of omitted lands 
     under section 211(b) of that Act, to remain available until 
     expended.

                       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 administered by the Bureau; 
     miscellaneous and emergency expenses of enforcement 
     activities authorized or approved by the Secretary and to be 
     accounted for solely on the Secretary's certificate, not to 
     exceed $10,000: Provided, That notwithstanding 44 U.S.C. 501, 
     the Bureau may, under cooperative cost-sharing and 
     partnership arrangements authorized by law, procure printing 
     services from cooperators in connection with jointly 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 
     quality standards: Provided further, 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.

                United States Fish and Wildlife Service

                          resource management

       For necessary expenses of the United States Fish and 
     Wildlife Service, as authorized by law, and for scientific 
     and economic studies, general administration, and for the 
     performance of other authorized functions related to such 
     resources by direct expenditure, contracts, grants, 
     cooperative agreements and reimbursable agreements with 
     public and private entities, $1,248,756,000, to remain 
     available until September 30, 2011 except as otherwise 
     provided herein: Provided, That $2,500,000 is for high 
     priority projects, which shall be carried out by the Youth 
     Conservation Corps: Provided further, That not to exceed 
     $20,603,000 shall be used for implementing subsections (a), 
     (b), (c), and (e) of section 4 of the Endangered Species Act, 
     as amended (except for processing petitions, developing and 
     issuing proposed and final regulations, and taking any other 
     steps to implement actions described in subsection (c)(2)(A), 
     (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to exceed 
     $10,632,000 shall be used for any activity regarding the 
     designation of critical habitat, pursuant to subsection 
     (a)(3), excluding litigation support, for species listed 
     pursuant to subsection (a)(1) prior to October 1, 2009: 
     Provided further, That of the amount available for law 
     enforcement, up to $400,000, to remain available until 
     expended, may at the discretion of the Secretary be used for 
     payment for information, rewards, or evidence concerning 
     violations of laws administered by the Service, and 
     miscellaneous and emergency expenses of enforcement activity, 
     authorized or approved by the Secretary and to be accounted 
     for solely on the Secretary's certificate: Provided further, 
     That of the amount provided for environmental contaminants, 
     up to $1,000,000 may remain available until expended for 
     contaminant sample analyses.

  The Acting CHAIR. The Clerk will read.
  The Clerk read as follows:

                              construction

       For construction, improvement, acquisition, or removal of 
     buildings and other facilities required in the conservation, 
     management, investigation, protection, and utilization of 
     fishery and wildlife resources, and the acquisition of lands 
     and interests therein; $21,139,000, to remain available until 
     expended.

                            land acquisition

       For expenses necessary to carry out the Land and Water 
     Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 
     through 11), including administrative expenses, and for 
     acquisition of land or waters, or interest therein, in 
     accordance with statutory authority applicable to the United 
     States Fish and Wildlife Service, $67,250,000, to be derived 
     from the Land and Water Conservation Fund and to remain 
     available until expended, of which, notwithstanding 16 U.S.C. 
     460l-9, not more than $2,000,000 shall be for land 
     conservation partnerships authorized by the Highlands 
     Conservation Act of 2004: Provided, That none of the funds 
     appropriated for specific land acquisition projects may be 
     used to pay for any administrative overhead, planning or 
     other management costs.


      Part B Amendment No. 2 Offered by Mr. Garrett of New Jersey

  Mr. GARRETT of New Jersey. Madam Chair, I have an amendment at the 
desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part B amendment No. 2 offered by Mr. Garrett of New 
     Jersey:
       Page 10, line 10, after the dollar amount, insert 
     ``(increased by $2,000,000)''.
       Page 10, line 13, after the dollar amount, insert 
     ``(increased by $2,000,000)''.
       Page 57, line 14, after the dollar amount, insert 
     ``(reduced by $2,000,000)''.

  The Acting CHAIR. Pursuant to House Resolution 578, the gentleman 
from New Jersey (Mr. Garrett) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from New Jersey.
  Mr. GARRETT of New Jersey. More than 19 years ago, when I first ran 
for public office in the very densely populated State of New Jersey, I 
believed that we were not doing enough to preserve our precious 
farmlands and our vital open space. Upon being sworn in as a Member of 
the House of Representatives 6 years ago, I continued to advocate 
preserving open space, expanding our recreational lands, and protecting 
our natural resources. One of the highlights of my time here in 
Congress was the unanimous bipartisan support for the Highlands 
Conservation Act which became law back in 2004.
  I especially want to commend my colleague from Morris County, New 
Jersey, Rod Frelinghuysen, for introducing that legislation back then 
and working diligently over the years to accomplish its passage.
  Our commitment to preserving open space runs deep for us. However, 
more of our prized open space is being used up in our State and across 
the country every single day. So I'm pleased that this year, for the 
very first time, the Highlands Conservation Act was included in the 
fiscal year 2010 budget request. I applaud the President's request for 
recognizing the importance of the region as well.
  However, while the Highlands Conservation Act has been authorized 
from the beginning at $10 million year, the region has so far received 
only $5.23 million in total over all those years. So I believe that my 
amendment, which provides simply an additional $2 million for land 
acquisition, would go a long way towards providing grants for willing 
sellers. It would help to preserve the remaining open space in the 
Northeast region and help protect cherished natural resources that are 
extraordinary environmental and recreational uses.
  You see, this region is in the middle of one of the most congested 
areas of the country. Over one-twelfth of the U.S. population lives 
within just 1 hour of this area. Fourteen million people visit this 
area every year. Eleven million people rely on it for clean drinking 
water. And 150 species of special concern are in this area. As a matter 
of fact, the Forest Service stated recently that it is a ``landscape of 
national significance.''
  So with that said, I also realize that there is an ever-increasing 
demand for all regions of the country, and that is why we have to make 
sure that the areas with the highest conservation values and greatest 
risk are being protected from being developed.
  Preservation of the Highlands is neither a Republican or Democratic 
issue. It is a national issue. And that is why I'm proud to say that we 
joined with 22 of my colleagues from both sides of the aisle in a 
letter to the Appropriations Committee back in April when we requested 
the full $10 million for this area.
  I will just add this one caveat note. I do say this: That while 
working to protect open space, we must also ensure that we have an 
adequate opportunity for further economic development, especially now 
in the recession. It is important that we find a balance between 
protecting our cherished natural resources and promoting a strong 
economy.
  So in closing, I would like to thank the chairman and the ranking 
member for understanding the significance of the Highlands region. I 
also would like to thank the numerous conservation groups that have 
supported this, including the Appalachian Mountain Club, the Highlands 
Coalition, the Wilderness Society, the Land and Water Conservation Fund 
Coalition, the Trust for Public Lands, the Friends of the Wallkill 
River National Wildlife Refuge, and the Sierra Club of Northwest New 
Jersey.
  Finally, throughout my entire life, I have had the opportunity to 
take advantage of all the natural resources the Highlands has to offer. 
I simply want to come here to Congress to ensure that other families as 
well will have that same opportunity in the future.

[[Page H7413]]

The critical lands of the Highlands must be protected. And it is our 
job to do that today.
  I reserve my time.
  Mr. DICKS. Madam Chairwoman, though I plan to support the amendment, 
I ask unanimous consent to claim the time in opposition.
  The Acting CHAIR. Without objection, the gentleman from Washington is 
recognized for 5 minutes.
  There was no objection.
  Mr. DICKS. I have to say that I have really appreciated the 
gentleman's leadership and the fact that he has come before our 
committee and taken the time to present witnesses. Also, I think this 
is a very good amendment. This is a good amendment that increases 
funding for a program that funds conservation easements that protect 
critical forest and watersheds in the Northeast. This amendment 
increases the funding for this program by $2 million, bringing the 
total to $4 million.
  The Highlands conservation program is an example of how a cooperative 
approach to land protection can provide wood resources, wildlife 
habitat, watershed protection, recreational opportunities and other 
benefits to the environment and to the community. The goal of this 
program is to promote forest stewardship as a working, sustainable 
landscape, both ecologically and economically for future generations.
  I urge adoption of the amendment.
  I would be glad to yield to the gentleman from Idaho if he would like 
to say a word.
  Mr. SIMPSON. I thank the gentleman for yielding.
  This is an important program. I thank the gentleman for bringing this 
amendment. We support it. I hope that it passes and that we can 
preserve the Highlands region.
  Mr. DICKS. I ask for a ``yes'' vote on this amendment, and I yield 
back the balance of my time.
  Mr. GARRETT of New Jersey. I yield back my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from New Jersey (Mr. Garrett).
  The amendment was agreed to.
  Mr. DICKS. Madam Chairman, I ask unanimous consent that the remainder 
of the bill through page 68, line 12 be considered as read.
  The Acting CHAIR. Is there objection to the request of the gentleman 
from Washington?
  There was no objection.
  The text of that portion of the bill is as follows:

            cooperative endangered species conservation fund

       For expenses necessary to carry out section 6 of the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), as 
     amended, $100,000,000, to remain available until expended, of 
     which $34,307,000 is to be derived from the Cooperative 
     Endangered Species Conservation Fund, of which $5,145,706 
     shall be for the Idaho Salmon and Clearwater River Basins 
     Habitat Account pursuant to the Snake River Water Rights Act 
     of 2004; and of which $65,693,000 is to be derived from the 
     Land and Water Conservation Fund.

                     national wildlife refuge fund

       For expenses necessary to implement the Act of October 17, 
     1978 (16 U.S.C. 715s), $14,100,000.

               north american wetlands conservation fund

       For expenses necessary to carry out the provisions of the 
     North American Wetlands Conservation Act, as amended (16 
     U.S.C. 4401-4414), $52,647,000, to remain available until 
     expended.

                neotropical migratory bird conservation

       For expenses necessary to carry out the Neotropical 
     Migratory Bird Conservation Act, as amended, (16 U.S.C. 6101 
     et seq.), $5,250,000, to remain available until expended.

                multinational species conservation fund

       For expenses necessary to carry out the African Elephant 
     Conservation Act (16 U.S.C. 4201-4203, 4211-4214, 4221-4225, 
     4241-4246, and 1538), the Asian Elephant Conservation Act of 
     1997 (16 U.S.C. 4261-4266), the Rhinoceros and Tiger 
     Conservation Act of 1994 (16 U.S.C. 5301-5306), the Great Ape 
     Conservation Act of 2000 (16 U.S.C. 6301-6305), and the 
     Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601-6606), 
     $11,500,000, to remain available until expended.

                    state and tribal wildlife grants

       For wildlife conservation grants to States and to the 
     District of Columbia, Puerto Rico, Guam, the United States 
     Virgin Islands, the Northern Mariana Islands, American Samoa, 
     and federally recognized Indian tribes under the provisions 
     of the Fish and Wildlife Act of 1956 and the Fish and 
     Wildlife Coordination Act, for the development and 
     implementation of programs for the benefit of wildlife and 
     their habitat, including species that are not hunted or 
     fished, $115,000,000, to remain available until expended: 
     Provided, That of the amount provided herein, $7,000,000 is 
     for a competitive grant program for federally recognized 
     Indian tribes not subject to the remaining provisions of this 
     appropriation: Provided further, 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 up to $20,000,000 is for incorporating wildlife 
     adaptation strategies and actions to address the impacts of 
     climate change into State Wildlife Action plans and 
     implementing these adaptation actions: Provided further, That 
     the Secretary shall, after deducting $32,000,000 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 paragraph shall be adjusted equitably so that no 
     State shall be apportioned 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 the total costs of such 
     projects and the Federal share of implementation grants shall 
     not exceed 75 percent of the total costs of such projects: 
     Provided further, That the non-Federal share of such projects 
     may not be derived from Federal grant programs: Provided 
     further, That no State, territory, or other jurisdiction 
     shall receive a grant if its comprehensive wildlife 
     conservation plan is disapproved and such funds that would 
     have been distributed to such State, territory, or other 
     jurisdiction shall be distributed equitably to States, 
     territories, and other jurisdictions with approved plans: 
     Provided further, That any amount apportioned in 2010 to any 
     State, territory, or other jurisdiction that remains 
     unobligated as of September 30, 2011, shall be reapportioned, 
     together with funds appropriated in 2012, in the manner 
     provided herein.

                       administrative provisions

       Appropriations and funds available to the United States 
     Fish and Wildlife Service shall be available for repair of 
     damage to public roads within and adjacent to reservation 
     areas caused by operations of the Service; options for the 
     purchase of land at not to exceed $1 for each option; 
     facilities incident to such public recreational uses on 
     conservation areas as are consistent with their primary 
     purpose; and the maintenance and improvement of aquaria, 
     buildings, and other facilities under the jurisdiction of the 
     Service and to which the United States has title, and which 
     are used pursuant to law in connection with management, and 
     investigation of fish and wildlife resources: Provided, That 
     notwithstanding 44 U.S.C. 501, the Service may, under 
     cooperative cost sharing and partnership arrangements 
     authorized by law, procure printing services from cooperators 
     in connection with jointly produced publications for which 
     the cooperators share at least one-half the cost of printing 
     either in cash or services and the Service determines the 
     cooperator is capable of meeting accepted quality 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.

                         National Park Service

                 operation of the national park system

       For expenses necessary for the management, operation, and 
     maintenance of areas and facilities administered by the 
     National Park Service (including expenses to carry out 
     programs of the United States Park Police), and for the 
     general administration of the National Park Service, 
     $2,260,684,000, of which $9,982,000 for planning and 
     interagency coordination in support of Everglades restoration 
     and $98,622,000 for maintenance, repair or rehabilitation 
     projects for constructed assets, operation of the National 
     Park Service automated facility management software system, 
     and comprehensive facility condition assessments shall remain 
     available until September 30, 2011.

                    park partnership project grants

       For expenses necessary to carry out provisions of section 
     814(g) of Public Law 104-333 relating to challenge cost-share 
     agreements, $25,000,000, to remain available until expended 
     for Park Partnership signature projects and programs: 
     Provided, That not less than 50 percent of the total cost of 
     each project or program is derived from non-Federal sources 
     in the form of donated cash, assets, or a pledge of donation 
     guaranteed by an irrevocable letter of credit.

[[Page H7414]]

                  national recreation and preservation

       For expenses necessary to carry out recreation programs, 
     natural programs, cultural programs, heritage partnership 
     programs, environmental compliance and review, international 
     park affairs, statutory or contractual aid for other 
     activities, and grant administration, not otherwise provided 
     for, $59,386,000.

                       historic preservation fund

       For expenses necessary in carrying out the Historic 
     Preservation Act of 1966, as amended (16 U.S.C. 470), and the 
     Omnibus Parks and Public Lands Management Act of 1996 (Public 
     Law 104-333), $90,675,000, to be derived from the Historic 
     Preservation Fund and to remain available until September 30, 
     2011; of which $30,000,000 shall be for Save America's 
     Treasures for preservation of nationally significant sites, 
     structures, and artifacts; and of which $6,175,000 shall be 
     for Preserve America grants to States, federally recognized 
     Indian Tribes, and local communities for projects that 
     preserve important historic resources through the promotion 
     of heritage tourism: Provided, That of the funds provided for 
     Save America's Treasures, $5,310,000 shall be allocated in 
     the amounts specified for those projects and purposes in 
     accordance with the terms and conditions specified in the 
     explanatory statement accompanying this Act.

                              construction

       For construction, improvements, repair or replacement of 
     physical facilities, including modifications authorized by 
     section 104 of the Everglades National Park Protection and 
     Expansion Act of 1989, $214,691,000, to remain available 
     until expended: Provided, That the National Park Service 
     shall complete a special resource study along the route of 
     the Mississippi River in the counties contiguous to the river 
     from its headwaters in the State of Minnesota to the Gulf of 
     Mexico.

                    land and water conservation fund

                              (rescission)

       The contract authority provided for fiscal year 2010 by 16 
     U.S.C. 460l-10a is rescinded.

                 land acquisition and state assistance

       For expenses necessary to carry out the Land and Water 
     Conservation Act of 1965, as amended (16 U.S.C. 460l-4 
     through 11), including administrative expenses, and for 
     acquisition of lands or waters, or interest therein, in 
     accordance with the statutory authority applicable to the 
     National Park Service, $103,222,000, to be derived from the 
     Land and Water Conservation Fund and to remain available 
     until expended, of which $30,000,000 is for the State 
     assistance program.

                       administrative provisions

       In addition to other uses set forth in section 407(d) of 
     Public Law 105-391, franchise fees credited to a sub-account 
     shall be available for expenditure by the Secretary, without 
     further appropriation, for use at any unit within the 
     National Park System to extinguish or reduce liability for 
     Possessory Interest or leasehold surrender interest. Such 
     funds may only be used for this purpose to the extent that 
     the 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. Franchise 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 the costs of administration of the Land and Water 
     Conservation Fund grants authorized by section 105(a)(2)(B) 
     of the Gulf of Mexico Energy Security Act of 2006 (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.
       National Park Service funds may be transferred to the 
     Federal Highway Administration (FHWA), Department of 
     Transportation, for purposes authorized under 23 U.S.C. 204. 
     Transfers may include a reasonable amount for FHWA 
     administrative support costs.

                    United States Geological Survey

                 surveys, investigations, and research

       For expenses necessary for the United States Geological 
     Survey to perform surveys, investigations, and research 
     covering topography, 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. 98g(1)) and related 
     purposes as authorized by law; and to publish and disseminate 
     data relative to the foregoing activities; $1,105,744,000, to 
     remain available until September 30, 2011, of which 
     $65,561,000 shall be available only for cooperation with 
     States or municipalities for water resources investigations; 
     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 projects that exceed $100,000 in cost and of 
     which $2,000,000 shall be available for the United States 
     Geological Survey to fund the operating expenses for the 
     Civil Applications Committee: Provided, That none of the 
     funds provided for the biological research activity shall be 
     used to conduct new surveys on private property, unless 
     specifically authorized in writing by the property owner: 
     Provided further, That no part of this appropriation shall be 
     used to pay more than one-half the cost of topographic 
     mapping or water resources data collection and investigations 
     carried on in cooperation with States and municipalities.

                       administrative provisions

       From within the amount appropriated for activities of the 
     United States Geological Survey such sums as are necessary 
     shall be available for reimbursement to the General Services 
     Administration for security guard services; contracting for 
     the furnishing of topographic maps and for the making of 
     geophysical or other specialized surveys when it is 
     administratively determined that such procedures are in the 
     public interest; construction and maintenance of necessary 
     buildings and appurtenant facilities; acquisition of lands 
     for gauging stations and observation wells; expenses of the 
     United States National Committee on Geology; and payment of 
     compensation and expenses of persons on the rolls of the 
     Survey duly appointed to represent the United States in the 
     negotiation and administration of interstate compacts: 
     Provided, That activities funded by appropriations herein 
     made may be accomplished through the use of contracts, 
     grants, or cooperative agreements as defined in 31 U.S.C. 
     6302 et seq.: Provided further, That the United States 
     Geological Survey may enter into contracts or cooperative 
     agreements directly with individuals or indirectly with 
     institutions or nonprofit organizations, without regard to 41 
     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 57 and 81 of title 5, 
     United States Code, relating to compensation for travel and 
     work injuries, 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.

                      Minerals Management Service

                royalty and offshore 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 operating contracts; 
     for energy-related or other authorized marine-related 
     purposes on the Outer Continental Shelf; and for matching 
     grants or cooperative agreements, $174,317,000, to remain 
     available until September 30, 2011, of which $89,374,000 
     shall be available for royalty management activities; and an 
     amount not to exceed $156,730,000, to be credited to this 
     appropriation and to remain available until expended, from 
     additions to receipts resulting from increases to rates in 
     effect on August 5, 1993, and from cost recovery fees: 
     Provided, That notwithstanding 31 U.S.C. 3302, in fiscal year 
     2010, such amounts as are assessed under 31 U.S.C. 9701 shall 
     be collected and credited to this account and shall be 
     available until expended for necessary expenses: Provided 
     further, That to the extent $156,730,000 in addition to 
     receipts are not realized from the sources of receipts stated 
     above, the amount needed to reach $156,730,000 shall be 
     credited to this appropriation from receipts resulting from 
     rental rates for Outer Continental Shelf leases in effect 
     before August 5, 1993: Provided further, That not to exceed 
     $3,000 shall be available for reasonable expenses related to 
     promoting volunteer beach and marine cleanup activities: 
     Provided further, That notwithstanding any other provision of 
     law, $15,000 under this heading shall be available for 
     refunds of overpayments in connection with certain Indian 
     leases in which the Director of MMS concurred with the 
     claimed refund due, to pay amounts owed to Indian allottees 
     or tribes, or to correct prior unrecoverable erroneous 
     payments: Provided further, That for the costs of 
     administration of the Coastal Impact Assistance Program 
     authorized by section 31 of the Outer Continental Shelf Lands 
     Act, as amended (43 U.S.C. 1456a), in fiscal year 2010, MMS 
     may retain up to 4 percent of the amounts which are disbursed 
     under section 31(b)(1), such retained amounts to remain 
     available until expended.
       For an additional amount, $10,000,000, to remain available 
     until expended, which shall be derived from non-refundable 
     inspection fees collected in fiscal year 2010, as provided in 
     this Act: Provided, That to the extent that such amounts are 
     not realized from such fees, the amount needed to reach 
     $10,000,000 shall be credited to this appropriation from 
     receipts resulting from rental rates for Outer Continental 
     Shelf leases in effect before August 5, 1993.

                           oil spill research

       For necessary expenses to carry out title I, section 1016, 
     title IV, sections 4202 and 4303, title VII, and title VIII, 
     section 8201 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.

                        administrative provision

       Notwithstanding 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

[[Page H7415]]

     State in fiscal year 2010 and deposit the amount deducted to 
     miscellaneous receipts of the Treasury.

          Office of Surface Mining Reclamation and Enforcement

                       regulation and technology

       For necessary expenses to carry out the provisions of the 
     Surface Mining Control and Reclamation Act of 1977, Public 
     Law 95-87, as amended, $127,180,000, to remain available 
     until September 30, 2011: Provided, That appropriations for 
     the Office of Surface Mining Reclamation and Enforcement may 
     provide for the travel and per diem expenses of State and 
     tribal personnel attending Office of Surface Mining 
     Reclamation and Enforcement sponsored training.

                    abandoned mine reclamation fund

       For necessary expenses to carry out title IV of the Surface 
     Mining Control and Reclamation Act of 1977, Public Law 95-87, 
     as amended, $32,088,000, to be derived from receipts of the 
     Abandoned Mine Reclamation Fund and to remain available until 
     expended: Provided, That pursuant to Public Law 97-365, the 
     Department of the Interior is authorized to use up to 20 
     percent from the recovery of the delinquent debt owed to the 
     United States Government to pay for contracts to collect 
     these debts: Provided further, That amounts provided under 
     this heading may be used for the travel and per diem expenses 
     of State and tribal personnel attending Office of Surface 
     Mining Reclamation and Enforcement sponsored training.

                        administrative provision

       With funds available for the Technical Innovation and 
     Professional 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.

                        Bureau of Indian Affairs

                      operation of indian programs

                     (including transfer of funds)

       For expenses necessary for the operation of Indian 
     programs, as authorized by law, including the Snyder Act of 
     November 2, 1921 (25 U.S.C. 13), the Indian Self-
     Determination and Education Assistance Act of 1975 (25 U.S.C. 
     450 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, 
     $2,300,099,000, to remain available until September 30, 2011 
     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; and of which, notwithstanding any other provision 
     of law, including but not limited to the Indian Self-
     Determination Act of 1975, as amended, not to exceed 
     $159,084,000 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 2010, as authorized by 
     such Act, except that federally recognized tribes, and tribal 
     organizations of federally recognized tribes, may use their 
     tribal priority allocations for unmet contract support costs 
     of ongoing contracts, grants, or compacts, or annual funding 
     agreements and for unmet welfare assistance costs; of which 
     not to exceed $568,702,000 for school operations costs of 
     Bureau-funded schools and other education programs shall 
     become available on July 1, 2010, and shall remain available 
     until September 30, 2011; and of which not to exceed 
     $59,895,000 shall remain available until expended for housing 
     improvement, road maintenance, attorney fees, litigation 
     support, the Indian Self-Determination Fund, land records 
     improvement, and the Navajo-Hopi Settlement Program: Provided 
     further, That notwithstanding any other provision of law, 
     including but not limited to the Indian Self-Determination 
     Act of 1975, as amended, and 25 U.S.C. 2008, not to exceed 
     $43,373,000 within and only from such amounts made available 
     for school operations shall be available for administrative 
     cost grants associated with ongoing grants entered into with 
     the Bureau prior to or during fiscal year 2009 for the 
     operation of Bureau-funded schools, and up to $500,000 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, 2009, of Bureau-funded schools: 
     Provided further, That any forestry funds allocated to a 
     federally recognized tribe which remain unobligated as of 
     September 30, 2011, may be transferred during fiscal year 
     2012 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, 2012: Provided further, That in order to 
     enhance the safety of Bureau field employees, the Bureau may 
     use funds to purchase uniforms or other identifying articles 
     of clothing for personnel.

                              construction

                     (including transfer of funds)

       For construction, repair, improvement, and maintenance of 
     irrigation and power systems, buildings, utilities, and other 
     facilities, including architectural and engineering services 
     by contract; acquisition of lands, and interests in lands; 
     and preparation of lands for farming, and for construction of 
     the Navajo Indian Irrigation Project pursuant to Public Law 
     87-483, $200,000,000, to remain available until expended: 
     Provided, That such amounts as may be available for the 
     construction of the Navajo Indian Irrigation Project may be 
     transferred to the Bureau of Reclamation: 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 2010, in implementing 
     new construction or facilities improvement and repair project 
     grants in excess of $100,000 that are provided to grant 
     schools under Public Law 100-297, as amended, the Secretary 
     of the Interior shall use the Administrative and Audit 
     Requirements and Cost Principles for Assistance Programs 
     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 work 
     to be performed: Provided further, That in considering grant 
     applications, the Secretary shall consider whether such 
     grantee would be deficient in assuring that the construction 
     projects conform to applicable building standards and codes 
     and Federal, tribal, or State health and safety standards as 
     required by 25 U.S.C. 2005(b), with respect to organizational 
     and financial management capabilities: Provided further, That 
     if the Secretary declines a grant application, the Secretary 
     shall follow the requirements contained in 25 U.S.C. 2504(f): 
     Provided further, That any disputes between the Secretary and 
     any grantee concerning a grant shall be subject to the 
     disputes provision in 25 U.S.C. 2507(e): Provided further, 
     That in order to ensure timely completion of construction 
     projects, the Secretary may assume control of a project and 
     all funds related to the project, if, within eighteen months 
     of the date of enactment of this Act, any grantee receiving 
     funds appropriated in this Act or in any 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 Office of the 
     Special Trustee for American Indians appropriation for the 
     appropriate share of construction costs for space expansion 
     needed in agency offices to meet trust reform implementation.

 indian land and water claim settlements and miscellaneous payments to 
                                indians

       For payments and necessary administrative expenses for 
     implementation of Indian land and water claim settlements 
     pursuant to Public Laws 99-264, 100-580, 101-618, 108-447, 
     109-379, 109-479, 110-297, and 111-11, and for implementation 
     of other land and water rights settlements, $47,380,000, to 
     remain available until expended.

                 indian guaranteed loan program account

       For the cost of guaranteed loans and insured loans, 
     $8,215,000, of which $1,629,000 is for administrative 
     expenses, as authorized by the Indian Financing Act of 1974, 
     as amended: Provided, That such costs, including the cost of 
     modifying such loans, shall be as defined in section 502 of 
     the Congressional Budget Act of 1974: Provided further, That 
     these funds are available to subsidize total loan principal, 
     any part of which is to be guaranteed or insured, not to 
     exceed $93,807,956.

                       indian land consolidation

       For consolidation of fractional interests in Indian lands 
     and expenses associated with redetermining and redistributing 
     escheated interests in allotted lands, and for necessary 
     expenses to carry out the Indian Land Consolidation Act (25 
     U.S.C. 2201 et seq.), as amended, by direct expenditure or 
     cooperative agreement, $3,000,000, to remain available until 
     expended.

                       administrative 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.
       Notwithstanding 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 Division of the San 
     Carlos Irrigation Project.
       Appropriations for the Bureau of Indian Affairs (except the 
     Revolving Fund for Loans Liquidating Account, Indian Loan 
     Guaranty and Insurance Fund Liquidating Account, Indian 
     Guaranteed Loan Financing Account, Indian Direct Loan 
     Financing Account, and the Indian Guaranteed Loan Program 
     Account) shall be available for expenses of exhibits.
       Notwithstanding any other provision of law, no funds 
     available to the Bureau of Indian Affairs for central office 
     oversight and Executive Direction and Administrative Services 
     (except executive direction and administrative services 
     funding for Tribal Priority Allocations, regional offices, 
     and facilities operations and maintenance) shall be available 
     for contracts, grants, compacts, or cooperative agreements 
     with the Bureau of Indian Affairs under the provisions of the 
     Indian Self-Determination Act or the Tribal

[[Page H7416]]

     Self-Governance Act of 1994 (Public Law 103-413).
       In the event any federally recognized tribe returns 
     appropriations made available by this Act to the Bureau of 
     Indian Affairs, this action shall not diminish the Federal 
     Government's trust responsibility to that tribe, or the 
     government-to-government relationship between the United 
     States and that tribe, or that tribe's ability to access 
     future appropriations.
       Notwithstanding any other provision of law, no funds 
     available to the Bureau, other than the amounts provided 
     herein for assistance to public schools under 25 U.S.C. 452 
     et seq., shall be available to support the operation of any 
     elementary or secondary school in the State of Alaska.
       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, 1996. 
     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 
     October 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 1978 (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.

                          Departmental Offices

                        Office of the Secretary

                         salaries and expenses

       For necessary expenses for management of the Department of 
     the Interior, $118,836,000; of which $12,136,000 for 
     consolidated appraisal services is to be derived from the 
     Land and Water Conservation Fund and shall remain available 
     until expended; of which not to exceed $15,000 may be for 
     official reception and representation expenses; and of which 
     up to $1,000,000 shall be available for workers compensation 
     payments and unemployment compensation payments associated 
     with the orderly closure of the United States Bureau of 
     Mines: Provided, That for fiscal year 2010 up to $400,000 of 
     the payments authorized by the Act of October 20, 1976, as 
     amended (31 U.S.C. 6901-6907) may be retained for 
     administrative expenses of the Payments in Lieu of Taxes 
     Program: Provided further, 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.

                            Insular Affairs

                       assistance to territories

       For expenses necessary for assistance to territories under 
     the jurisdiction of the Department of the Interior, 
     $83,995,000, of which: (1) $74,715,000 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 
     Government of American Samoa, in addition to current local 
     revenues, for construction and support of governmental 
     functions; grants to the Government of the Virgin Islands as 
     authorized by law; grants to the Government of Guam, as 
     authorized by law; and grants to the Government of the 
     Northern Mariana Islands as authorized by law (Public Law 94-
     241; 90 Stat. 272); and (2) $9,280,000 shall be available 
     until September 30, 2011 for salaries and expenses of the 
     Office of Insular Affairs: Provided, That all financial 
     transactions of the territorial and local governments herein 
     provided for, including such transactions of all agencies or 
     instrumentalities established or used by such governments, 
     may be audited by the Government Accountability Office, at 
     its discretion, in accordance with chapter 35 of title 31, 
     United States Code: Provided further, That Northern Mariana 
     Islands Covenant grant funding shall be provided according to 
     those terms of the Agreement of the Special Representatives 
     on Future United States Financial Assistance for the Northern 
     Mariana Islands approved by Public Law 104-134: Provided 
     further, That of the amounts provided for technical 
     assistance, sufficient funds shall be made available for a 
     grant to the Pacific Basin Development Council: Provided 
     further, That of the amounts provided for technical 
     assistance, sufficient funding shall be made available for a 
     grant to the Close Up Foundation: Provided further, That the 
     funds for the program of operations and maintenance 
     improvement are appropriated to institutionalize routine 
     operations and maintenance improvement of capital 
     infrastructure with territorial participation and cost 
     sharing to be determined by the Secretary 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 Act or previous 
     appropriations Acts may be used as non-Federal matching funds 
     for the purpose of hazard mitigation grants provided pursuant 
     to section 404 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170c).

                      compact of free association

       For grants and necessary expenses, $5,318,000, to remain 
     available until expended, as provided for in sections 
     221(a)(2), 221(b), and 233 of the Compact of Free Association 
     for the Republic of Palau; and section 221(a)(2) of the 
     Compacts of Free Association for the Government of the 
     Republic of the Marshall Islands and the Federated States of 
     Micronesia, as authorized by Public Law 99-658 and Public Law 
     108-188.

                       Administrative Provisions

                     (including transfer of funds)

       At the request of the Governor of Guam, the Secretary may 
     transfer discretionary funds or mandatory funds provided 
     under section 104(e) of Public Law 108-188 and Public Law 
     104-134, that are allocated for Guam, to the Secretary of 
     Agriculture for the subsidy cost of direct or guaranteed 
     loans, plus not to exceed three percent of the amount of the 
     subsidy transferred for the cost of loan administration, for 
     the purposes authorized by the Rural Electrification Act of 
     1936 and section 306(a)(1) of the Consolidated Farm and Rural 
     Development Act for construction and repair projects in Guam, 
     and such funds shall remain available until expended: 
     Provided, That such costs, including the cost of modifying 
     such loans, shall be as defined in section 502 of the 
     Congressional Budget Act of 1974: Provided further, That such 
     loans or loan guarantees may be made without regard to the 
     population of the area, credit elsewhere requirements, and 
     restrictions on the types of eligible entities under the 
     Rural Electrification Act of 1936 and section 306(a)(1) of 
     the Consolidated Farm and Rural Development Act: Provided 
     further, That any funds transferred to the Secretary of 
     Agriculture shall be in addition to funds otherwise made 
     available to make or guarantee loans under such authorities.

                        Office of the Solicitor

                         salaries and expenses

       For necessary expenses of the Office of the Solicitor, 
     $65,076,000.

                      Office of Inspector General

                         salaries and expenses

       For necessary expenses of the Office of Inspector General, 
     $48,590,000.

           Office of the Special Trustee for American Indians

                         federal trust programs

                     (including transfer of funds)

       For the operation of trust programs for Indians by direct 
     expenditure, contracts, cooperative agreements, compacts, and 
     grants, $185,984,000, to remain available until expended, of 
     which not to exceed $56,536,000 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 
     Bureau 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 2010, as authorized by the Indian Self-
     Determination Act of 1975 (25 U.S.C. 450 et seq.), shall 
     remain available until expended by the contractor or grantee: 
     Provided further, That, notwithstanding any other provision 
     of law, the statute of limitations shall not commence to run 
     on any claim, including any claim in litigation pending on 
     the date of the enactment of this Act, concerning losses to 
     or mismanagement of trust funds, until the affected tribe or 
     individual Indian has been furnished with an accounting of 
     such funds from which the beneficiary can determine whether 
     there has been a loss: Provided further, That, 
     notwithstanding any other provision of law, the Secretary 
     shall not be required to provide a quarterly statement of 
     performance for any Indian trust account that has not had 
     activity for at least 18 months and has a balance of $15.00 
     or less: Provided further, That the Secretary shall issue an 
     annual account statement and maintain a record of any such 
     accounts and shall permit the balance in each such account to 
     be withdrawn upon the express written request of the account 
     holder: Provided further, That not to exceed $50,000 is 
     available for the Secretary to make payments to correct 
     administrative errors of either disbursements from or 
     deposits to Individual Indian Money or Tribal accounts after 
     September 30, 2002: Provided further, That erroneous payments 
     that are recovered shall be credited to and remain available 
     in this account for this purpose.

[[Page H7417]]

                        Department-Wide Programs

                        wildland fire management

                     (including transfers of funds)

       For necessary expenses for fire preparedness, suppression 
     operations, fire science and research, emergency 
     rehabilitation, hazardous fuels reduction, and rural fire 
     assistance by the Department of the Interior, $932,780,000, 
     to remain available until expended, of which not to exceed 
     $6,137,000 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 notwithstanding 42 U.S.C. 1856d, sums received 
     by a bureau or office of the Department of the Interior for 
     fire protection rendered pursuant 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 
     agreements, for hazardous fuels reduction activities, and for 
     training and monitoring associated with such hazardous fuels 
     reduction activities, on Federal land, or on adjacent non-
     Federal land for activities that benefit resources on Federal 
     land: Provided further, That the costs of implementing any 
     cooperative agreement between the Federal Government and any 
     non-Federal entity may be shared, as mutually agreed on by 
     the affected parties: Provided further, That notwithstanding 
     requirements of the Competition in Contracting Act, the 
     Secretary, for purposes of hazardous fuels reduction 
     activities, may obtain maximum practicable competition among: 
     (1) local private, nonprofit, or cooperative entities; (2) 
     Youth Conservation Corps crews, Public Lands Corps (Public 
     Law 109-154), or related partnerships with State, local, or 
     non-profit youth groups; (3) small or micro-businesses; or 
     (4) other entities that will hire or train locally a 
     significant percentage, defined as 50 percent or more, of the 
     project workforce to complete such contracts: Provided 
     further, That in implementing this section, the Secretary 
     shall develop written guidance to field units to ensure 
     accountability and consistent application of the authorities 
     provided herein: Provided further, That funds appropriated 
     under this head may be used to reimburse the United States 
     Fish and Wildlife Service and the National Marine Fisheries 
     Service for the costs of carrying out their responsibilities 
     under the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.) to consult and conference, as required by section 7 of 
     such Act, in connection with wildland fire management 
     activities: Provided further, That the Secretary of the 
     Interior may use wildland fire appropriations to enter into 
     non-competitive sole source leases of real property with 
     local governments, at or below fair market value, to 
     construct capitalized improvements for fire facilities on 
     such leased properties, including but not limited to fire 
     guard stations, retardant stations, and other initial attack 
     and fire support facilities, and to make advance payments for 
     any such lease or for construction activity associated with 
     the lease: Provided further, That the Secretary of the 
     Interior and the Secretary of Agriculture may authorize the 
     transfer of funds appropriated for wildland fire management, 
     in an aggregate amount not to exceed $50,000,000, between the 
     Departments when such transfers would facilitate and expedite 
     jointly funded wildland fire management programs and 
     projects.

           Wildland Fire Suppression Contingency Reserve Fund

                     (including transfer of funds)

       For necessary expenses for transfer to ``Wildland Fire 
     Management'' for fire suppression operations of the 
     Department of the Interior, $75,000,000, to remain available 
     until expended: Provided, That amounts in this paragraph may 
     be transferred and expended only if all funds appropriated 
     for fire suppression operations under the heading ``Wildland 
     Fire Management'' shall be fully obligated within 30 days: 
     Provided further, That amounts are available only to the 
     extent the President has issued a finding that the amounts 
     are necessary for emergency fire suppression operations.

                    central hazardous materials fund

       For necessary expenses of the Department of the Interior 
     and any of its component offices and bureaus for response 
     action, including associated activities, performed pursuant 
     to the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980, as amended (42 U.S.C. 9601 et 
     seq.), $10,175,000, to remain available until expended: 
     Provided, That Public Law 110-161 (121 Stat. 2116) under the 
     heading ``Central Hazardous Materials Fund'' is amended by 
     striking ``in advance of or as reimbursement for remedial 
     action or response activities conducted by the Department 
     pursuant to section 107 or 113(f) of such Act'' and inserting 
     in lieu thereof ``including any fines or penalties''.

           natural resource damage assessment and restoration

                natural resource damage assessment fund

       To conduct natural resource damage assessment and 
     restoration 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 Oil 
     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.), $6,462,000, 
     to remain available until expended.

                          working capital fund

       For the acquisition of a departmental financial and 
     business management system and information technology 
     improvements of general benefit to the Department, 
     $85,823,000, to remain available until expended: Provided, 
     That none of the funds in this Act or previous appropriations 
     Acts may be used to establish reserves in the Working Capital 
     Fund account other than for accrued annual leave and 
     depreciation of equipment without prior approval of the House 
     and Senate Committees on Appropriations: Provided further, 
     That the Secretary may assess reasonable charges to State, 
     local, and tribal government employees for training services 
     provided by the National Indian Program Training Center, 
     other than training related to Public Law 93-638: Provided 
     further, That the Secretary may lease or otherwise provide 
     space and related facilities, equipment or professional 
     services of the National Indian Program Training Center to 
     State, local, and tribal government employees or persons or 
     organizations engaged in cultural, educational, or 
     recreational activities (as defined in 40 U.S.C. 3306(a)) at 
     the prevailing rate for similar space, facilities, equipment, 
     or services in the vicinity of the National Indian Program 
     Training Center: Provided further, That all funds received 
     pursuant to the two preceding provisos shall be credited to 
     this account, shall be available until expended, and shall be 
     used by the Secretary for necessary expenses of the National 
     Indian Program Training Center.

                       administrative provisions

       There is hereby authorized for acquisition from available 
     resources within the Working Capital Fund, 15 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.

             General Provisions, Department of the Interior

                     (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 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.
       Sec. 102.  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 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 and 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 ``Wildland Fire Suppression 
     Contingency 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

[[Page H7418]]

     further, That such replenishment funds shall be used to 
     reimburse, on a pro rata basis, accounts from which emergency 
     funds were transferred.
       Sec. 103.  Appropriations made to the Department of the 
     Interior in 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.
       Sec. 104.  Appropriations made in this Act under the 
     headings 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.
       Sec. 105.  Notwithstanding any other provision of law, the 
     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 federally recognized 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.
       Sec. 106.  Notwithstanding any other provision of law, in 
     conveying 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.
       Sec. 107.  The Secretary of the Interior may use 
     discretionary funds to pay private attorney fees and costs 
     for employees and former employees of the Department of the 
     Interior reasonably incurred in connection with Cobell v. 
     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.
       Sec. 108.  The United States Fish and Wildlife Service 
     shall, in 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.
       Sec. 109.  Notwithstanding any other provision of law, the 
     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.
       Sec. 110.  Title 43 U.S.C. 1473, as amended by Public Law 
     111-8, is further amended by striking ``in fiscal years 2008 
     and 2009 only'' and inserting ``in fiscal years 2010 through 
     2013''.
       Sec. 111.  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.
       Sec. 112.  Funds provided in this Act for Federal land 
     acquisition 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.
       Sec. 113.  Notwithstanding any other provision of law, for 
     fiscal year 2010 and each fiscal year thereafter, sections 
     109 and 110 of the Federal Oil and Gas Royalty Management Act 
     (30 U.S.C. 1719 and 1720) shall 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.
       Sec. 114. (a) In fiscal year 2010, the Minerals Management 
     Service (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 bill, with payment required within 30 days 
     of billing.
       Sec. 115.  Section 4 of Public Law 89-565, as amended, (16 
     U.S.C. 282c), relating to San Juan Island National Historic 
     Park, is amended by striking ``$5,575,000'' and inserting 
     ``$13,575,000''.
       Sec. 116.  Section 1(c)(2) of Public Law 109-441 is amended 
     by adding after subparagraph (D) the following new 
     subparagraphs:
       ``(E) Minidoka, depicted in a map entitled `Minidoka 
     National Historic Site and Environs - Draft Document', dated 
     May 27, 2009. The Secretary is authorized to accept a 
     donation of land or interest in land acquired with funds 
     provided under this section, as an addition to the Minidoka 
     National Historic Site and administered in accordance with 
     section 313(c)(5) of Public Law 110-229.
       ``(F) Heart Mountain, depicted in Figure 6.3 of the Site 
     Document.''.

               TITLE II--ENVIRONMENTAL PROTECTION AGENCY

                         Science and Technology

       For science and technology, including research and 
     development activities, which shall include research and 
     development activities under the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980, as 
     amended; necessary expenses for personnel and related costs 
     and travel expenses; procurement of laboratory equipment and 
     supplies; and other operating expenses in support of research 
     and development, $849,649,000, to remain available until 
     September 30, 2011.

                 Environmental Programs and Management

       For environmental programs and management, including 
     necessary expenses, not otherwise provided for, for personnel 
     and related costs and travel expenses; hire of passenger 
     motor vehicles; hire, maintenance, and operation of aircraft; 
     purchase of reprints; library memberships in societies or 
     associations which issue publications to members only or at a 
     price to members lower than to subscribers who are not 
     members; administrative costs of the brownfields program 
     under the Small Business Liability Relief and Brownfields 
     Revitalization Act of 2002; and not to exceed $9,000 for 
     official reception and representation expenses, 
     $3,022,054,000, to remain available until September 30, 2011: 
     Provided, That of the funds included under this heading, not 
     less than $628,941,000 shall be for the Geographic Programs 
     specified in the explanatory statement accompanying this Act.

                      Office of Inspector General

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, $44,791,000, to remain available until 
     September 30, 2011.

                        Buildings and Facilities

       For construction, repair, improvement, extension, 
     alteration, and purchase of fixed equipment or facilities of, 
     or for use by, the Environmental Protection Agency, 
     $35,001,000, to remain available until expended.

                     Hazardous Substance Superfund

                     (including transfers of funds)

       For necessary expenses to carry out the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (CERCLA), as amended, including sections 111(c)(3), 
     (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611) $1,306,541,000, 
     to remain available until expended, consisting of such sums 
     as are available in the Trust Fund on September 30, 2009, as 
     authorized by section 517(a) of the Superfund Amendments and 
     Reauthorization Act of 1986 (SARA) and up to $1,306,541,000 
     as

[[Page H7419]]

     a payment from general revenues to the Hazardous Substance 
     Superfund for purposes as authorized by section 517(b) of 
     SARA, as amended: Provided, That funds appropriated under 
     this heading may be allocated to other Federal agencies in 
     accordance with section 111(a) of CERCLA: Provided further, 
     That of the funds appropriated under this heading, $9,975,000 
     shall be paid to the ``Office of Inspector General'' 
     appropriation to remain available until September 30, 2011, 
     and $26,834,000 shall be paid to the ``Science and 
     Technology'' appropriation to remain available until 
     September 30, 2011.

          Leaking Underground Storage Tank Trust Fund Program

       For necessary expenses to carry out leaking underground 
     storage tank cleanup activities authorized by subtitle I of 
     the Solid Waste Disposal Act, as amended, $113,101,000, to 
     remain available until expended, of which $78,671,000 shall 
     be for carrying out leaking underground storage tank cleanup 
     activities authorized by section 9003(h) of the Solid Waste 
     Disposal Act, as amended; $34,430,000 shall be for carrying 
     out the other provisions of the Solid Waste Disposal Act 
     specified in section 9508(c) of the Internal Revenue Code, as 
     amended: Provided, That the Administrator is authorized to 
     use appropriations made available under this heading to 
     implement section 9013 of the Solid Waste Disposal Act to 
     provide financial assistance to federally recognized Indian 
     tribes for the development and implementation of programs to 
     manage underground storage tanks.

                           Oil Spill Response

       For expenses necessary to carry out the Environmental 
     Protection Agency's responsibilities under the Oil Pollution 
     Act of 1990, $18,379,000, to be derived from the Oil Spill 
     Liability trust fund, to remain available until expended.

                   State and Tribal Assistance Grants

       For environmental programs and infrastructure assistance, 
     including capitalization grants for State revolving funds and 
     performance partnership grants, $5,215,446,000, to remain 
     available until expended, of which $2,307,000,000 shall be 
     for making capitalization grants for the Clean Water State 
     Revolving Funds under title VI of the Federal Water Pollution 
     Control Act, as amended (the ``Act''); of which 
     $1,443,000,000 shall be for making capitalization grants for 
     the Drinking Water State Revolving Funds under section 1452 
     of the Safe Drinking Water Act, as amended: Provided, That 
     $20,000,000 shall be for architectural, engineering, 
     planning, design, construction and related activities in 
     connection with the construction of high priority water and 
     wastewater facilities in the area of the United States-Mexico 
     border, after consultation with the appropriate border 
     commission; $10,000,000 shall be for grants to the State of 
     Alaska to address drinking water and wastewater 
     infrastructure needs of rural and Alaska Native Villages: 
     Provided further, That, of these funds: (1) the State of 
     Alaska shall provide a match of 25 percent; and (2) no more 
     than 5 percent of the funds may be used for administrative 
     and overhead expenses; $160,000,000 shall be for making 
     special project grants for the construction of drinking 
     water, wastewater and storm water infrastructure and for 
     water quality protection in accordance with the terms and 
     conditions specified for such grants in the explanatory 
     statement accompanying this Act, and, for purposes of these 
     grants, each grantee shall contribute not less than 45 
     percent of the cost of the project unless the grantee is 
     approved for a waiver by the Agency; $100,000,000 shall be to 
     carry out section 104(k) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (CERCLA), 
     as amended, including grants, interagency agreements, and 
     associated program support costs; $60,000,000 shall be for 
     grants under title VII, subtitle G of the Energy Policy Act 
     of 2005, as amended; and $1,115,446,000 shall be for grants, 
     including associated program support costs, to States, 
     federally recognized tribes, interstate agencies, tribal 
     consortia, and air pollution control agencies for multi-media 
     or single media pollution prevention, control and abatement 
     and related activities, including activities pursuant to the 
     provisions set forth under this heading in Public Law 104-
     134, and for making grants under section 103 of the Clean Air 
     Act for particulate matter monitoring and data collection 
     activities subject to terms and conditions specified by the 
     Administrator, of which $49,495,000 shall be for carrying out 
     section 128 of CERCLA, as amended, $10,000,000 shall be for 
     Environmental Information Exchange Network grants, including 
     associated program support costs, $18,500,000 of the funds 
     available for grants under section 106 of the Act shall be 
     for water quality monitoring activities, $10,000,000 shall be 
     for competitive grants to communities to develop plans and 
     demonstrate and implement projects which reduce greenhouse 
     gas emissions, and, in addition to funds appropriated under 
     the heading ``Leaking Underground Storage Tank Trust Fund 
     Program'' to carry out the provisions of the Solid Waste 
     Disposal Act specified in section 9508(c) of the Internal 
     Revenue Code other than section 9003(h) of the Solid Waste 
     Disposal Act, as amended, $2,500,000 shall be for grants to 
     States under section 2007(f)(2) of the Solid Waste Disposal 
     Act, as amended: Provided further, That notwithstanding 
     section 603(d)(7) of the Federal Water Pollution Control Act, 
     the limitation on the amounts in a State water pollution 
     control revolving fund that may be used by a State to 
     administer the fund shall not apply to amounts included as 
     principal in loans made by such fund in fiscal year 2010 and 
     prior years where such amounts represent costs of 
     administering the fund to the extent that such amounts are or 
     were deemed reasonable by the Administrator, accounted for 
     separately from other assets in the fund, and used for 
     eligible purposes of the fund, including administration: 
     Provided further, That for fiscal year 2010, and 
     notwithstanding section 518(f) of the Act, the Administrator 
     is authorized to use the amounts appropriated for any fiscal 
     year under section 319 of that Act to make grants to 
     federally recognized Indian tribes pursuant to sections 
     319(h) and 518(e) of that Act: Provided further, That for 
     fiscal year 2010, notwithstanding the limitation on amounts 
     in section 518(c) of the Federal Water Pollution Control Act 
     and section 1452(i) of the Safe Drinking Water Act, up to a 
     total of 2 percent of the funds appropriated for State 
     Revolving Funds under such Acts may be reserved by the 
     Administrator for grants under section 518(c) and section 
     1452(i) of such Acts: Provided further, That for fiscal year 
     2010, in addition to the amounts specified in section 205(c) 
     of the Federal Water Pollution Control Act, up to 1.2486 
     percent of the funds appropriated for the Clean Water State 
     Revolving Fund program under the Act may be reserved by the 
     Administrator for grants made under Title II of the Clean 
     Water Act for American Samoa, Guam, the Commonwealth of the 
     Northern Marianas, and United States Virgin Islands: Provided 
     further, That for fiscal year 2010, notwithstanding the 
     limitations on amounts specified in section 1452(j) of the 
     Safe Drinking Water Act, up to 1.5 percent of the funds 
     appropriated for the Drinking Water State Revolving Fund 
     programs under the Safe Drinking Water Act may be reserved by 
     the Administrator for grants made under section 1452(j) of 
     the Safe Drinking Water Act: Provided further, That no funds 
     provided by this appropriations Act to address the water, 
     wastewater and other critical infrastructure needs of the 
     colonias in the United States along the United States-Mexico 
     border shall be made available to a county or municipal 
     government unless that government has established an 
     enforceable local ordinance, or other zoning rule, which 
     prevents in that jurisdiction the development or construction 
     of any additional colonia areas, or the development within an 
     existing colonia the construction of any new home, business, 
     or other structure which lacks water, wastewater, or other 
     necessary infrastructure.

       Administrative Provisions, Environmental Protection Agency

              (including transfer and rescission of funds)

       For fiscal year 2010, notwithstanding 31 U.S.C. 6303(1) and 
     6305(1), the Administrator of the Environmental Protection 
     Agency, in carrying out the Agency's function to implement 
     directly Federal environmental programs required or 
     authorized by law in the absence of an acceptable tribal 
     program, may award cooperative agreements to federally 
     recognized Indian tribes or Intertribal consortia, if 
     authorized by their member tribes, to assist the 
     Administrator in implementing Federal environmental programs 
     for Indian tribes required or authorized by law, except that 
     no such cooperative agreements may be awarded from funds 
     designated for State financial assistance agreements.
       The Administrator of the Environmental Protection Agency is 
     authorized to collect and obligate pesticide registration 
     service fees in accordance with section 33 of the Federal 
     Insecticide, Fungicide, and Rodenticide Act, as amended by 
     Public Law 110-94, the Pesticide Registration Improvement 
     Renewal Act.
       Title II of Public Law 109-54, as amended by title II of 
     division E of Public Law 111-8 (123 Stat.729), is amended in 
     the fourth paragraph under the heading ``Administrative 
     Provisions'' by striking ``2011'' and inserting ``2015''.
       From unobligated balances to carry out projects and 
     activities funded through the ``State and Tribal Assistance 
     Grants'' account, $142,000,000 are hereby permanently 
     rescinded: Provided, That no amounts may be cancelled from 
     amounts that were designated by the Congress as an emergency 
     requirement pursuant to the Concurrent Resolution on the 
     Budget or the Balanced Budget and Emergency Deficit Control 
     Act of 1985, as amended.
       The Administrator is authorized to transfer up to 
     $475,000,000 from the ``Environmental Programs and 
     Management'' account to the head of any other Federal 
     department or agency (including but not limited to the 
     Departments of Agriculture, Army, Commerce, Health and Human 
     Services, Homeland Security, the Interior, State, and 
     Transportation), with the concurrence of such head, to carry 
     out activities that would support the Great Lakes Restoration 
     Initiative and Great Lakes Water Quality Agreement programs, 
     projects, or activities; to enter into an interagency 
     agreement with the head of such Federal department or agency 
     to carry out these activities; and to make grants to 
     governmental entities, nonprofit organizations, institutions, 
     and individuals for planning, research, monitoring, outreach, 
     and implementation in furtherance of the Great Lakes 
     Restoration Initiative and the Great Lakes Water Quality 
     Agreement.
       Not less than 30 percent of the funds made available under 
     this title to each State for

[[Page H7420]]

     Clean Water State Revolving Fund capitalization grants and 
     not less than 30 percent of the funds made available under 
     this title to each State for Drinking Water State Revolving 
     Fund capitalization grants shall be used by the State to 
     provide additional subsidy to eligible recipients in the form 
     of forgiveness of principal, negative interest loans, or 
     grants (or any combination of these), except that for the 
     Clean Water State Revolving Fund capitalization grant 
     appropriation this section shall only apply to the portion 
     that exceeds $1,000,000,000.
       To the extent there are sufficient eligible project 
     applications, not less than 20 percent of the funds made 
     available under this title to each State for Clean Water 
     State Revolving Fund capitalization grants and not less than 
     20 percent of the funds made available under this title to 
     each State for Drinking Water State Revolving Fund 
     capitalization grants shall be used by the State for projects 
     to address green infrastructure, water efficiency, or energy 
     efficiency improvements.
       For fiscal year 2010 and each fiscal year thereafter, the 
     requirements of section 513 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1372) shall apply to the construction 
     of treatment works carried out in whole or in part with 
     assistance made available by a State water pollution control 
     revolving fund as authorized by title VI of that Act (33 
     U.S.C. 1381 et seq.), or with assistance made available under 
     section 205(m) of that Act (33 U.S.C. 1285(m)), or both.
       For fiscal year 2010 and each fiscal year thereafter, the 
     requirements of section 1450(e) of the Safe Drinking Water 
     Act (42 U.S.C. 300j-9(e)) shall apply to any construction 
     project carried out in whole or in part with assistance made 
     available by a drinking water treatment revolving loan fund 
     as authorized by section 1452 of that Act (42 U.S.C. 300j-
     12).
       

                      TITLE III--RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                     forest and rangeland research

       For necessary expenses of forest and rangeland research as 
     authorized by law, $308,612,000, to remain available until 
     expended: Provided, That of the funds provided, $61,939,000 
     is for the forest inventory and analysis program.

                       State and Private Forestry

       For necessary expenses of cooperating with and providing 
     technical and financial assistance to States, territories, 
     possessions, and others, and for forest health management, 
     including treatments of pests, pathogens, and invasive or 
     noxious plants and for restoring and rehabilitating forests 
     damaged by pests or invasive plants, cooperative forestry, 
     and education and land conservation activities and conducting 
     an international program as authorized, $307,486,000, to 
     remain available until expended, as authorized by law; and of 
     which $76,215,000 is to be derived from the Land and Water 
     Conservation Fund.

  The Acting CHAIR. The Clerk will read.
  The Clerk read as follows:

                         national forest system

                     (including transfers of funds)

       For necessary expenses of the Forest Service, not otherwise 
     provided for, for management, protection, improvement, and 
     utilization of the National Forest System, $1,564,801,000, to 
     remain available until expended, which shall include 50 
     percent of all moneys received during prior fiscal years as 
     fees collected under the Land and Water Conservation Fund Act 
     of 1965, as amended, in accordance with section 4 of the Act 
     (16 U.S.C. 460l-6a(i)): Provided, That, the Secretary may 
     authorize the expenditure or transfer of up to $10,000,000 to 
     the Department of the Interior, Bureau of Land Management, 
     for removal, preparation, and adoption of excess wild horses 
     and burros from National Forest System lands, and for the 
     performance of cadastral surveys to designate the boundaries 
     of such lands: Provided further, That up to $10,000,000 may 
     be transferred to and made a part of other Forest Service 
     accounts if the transfer enhances the efficiency or 
     effectiveness of Federal activities.


          Part B Amendment No. 5 Offered by Mr. Smith of Texas

  Mr. SMITH of Texas. I have an amendment at the desk that was made in 
order under the rule.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part B amendment No. 5 offered by Mr. Smith of Texas:
       Under the heading ``national forest system'' insert after 
     the first dollar amount the following: ``(reduced by 
     $25,000,000) (increased by $25,000,000)''.

  The Acting CHAIR. Pursuant to House Resolution 578, the gentleman 
from Texas (Mr. Smith) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Texas.
  Mr. SMITH of Texas. Madam Chairwoman, before I yield to our colleague 
from California, I would first like to thank the gentleman from 
Wisconsin (Mr. Obey), the chairman of the Appropriations Committee; the 
gentleman from Washington, the subcommittee chairman, Mr. Dicks; and 
the ranking member of the subcommittee, the gentleman from Idaho (Mr. 
Simpson), for their courtesies tonight.
  I will yield 1 minute to the gentleman from California (Mr. Herger) 
both a colleague, a classmate, and a member of the Ways and Means 
Committee.
  Mr. HERGER. Madam Chair, I thank the gentleman, my good friend from 
Texas, for yielding time.
  I rise in strong support of this amendment. The district I represent 
in northern California contains nine National forests currently being 
overrun by illegal marijuana cultivation. This week two men opened fire 
on law enforcement officials during a raid on a marijuana garden near a 
popular fishing and recreation area. Additionally, in another instance, 
two Lassen County sheriff's officers were shot when they came across 
another marijuana garden. Thankfully, these officers survived their 
injuries. But it is simply a matter of time before innocent lives are 
claimed.
  I urge my colleagues to support this amendment to ensure the Federal 
Government is doing its part to provide the resources we need to 
address this serious and growing problem.
  Mr. DICKS. Madam Chair, although I support the gentleman's amendment, 
I ask unanimous consent to claim time in opposition.
  The Acting CHAIR. Without objection the gentleman from Washington is 
recognized for 5 minutes.
  There was no objection.
  Mr. DICKS. I want to say that I strongly support this amendment. It 
is very clear to me that in California, in Washington, in Oregon, and 
in many States, this has become a tremendous problem. Drugs are being 
grown, marijuana particularly, on Federal lands. I think we have to do 
more on enforcement. I commend the gentleman for his leadership in 
presenting the amendment. Our side supports it.
  If the gentleman has nothing further to say, I think we ought to have 
a vote on his amendment.
  Mr. SMITH of Texas. I would like to make a statement about the 
amendment if the gentleman doesn't object.
  MR. DICKS. I will reserve my time.
  Mr. SMITH of Texas. Madam Chairwoman, I yield myself the balance of 
my time.
  The Acting CHAIR. The gentleman is recognized for 3\1/2\ minutes.
  Mr. SMITH of Texas. Madam Chairman, first of all, I would like to 
consider this the Smith-Herger amendment because I appreciate so much 
the gentleman from California and his comments a few minutes ago.
  Madam Chairwoman, Mexican drug cartels are converting America's 
national parks and forests into farms for their illegal crops, damaging 
these protected ecosystems and threatening the safety of visitors and 
employees.
  The Drug Enforcement Administration calls marijuana the ``cash crop'' 
that finances the cartels' drug trafficking operations. And now our 
federal lands are being used to grow this crop.
  The Justice Department's National Drug Intelligence Center reports 
that Mexican drug cartels grow their marijuana in remote areas of 
public lands where there is a limited law enforcement presence.
  The two primary regions for these marijuana sites are the Western 
region, comprised of California, Hawaii, Oregon, and Washington, and 
the Appalachian Region, including Kentucky, Tennessee, and West 
Virginia.
  The pristine lands of our National Forest System are particularly 
enticing to these drug-trafficking operations. The dense, expansive 
forests provide optimum marijuana growing conditions with little risk 
of detection.
  America's national forest system, managed by the U.S. Forest Service, 
is comprised of 193 million acres of land with 153,000 miles of trails 
and nearly 18,000 recreation sites. Only 175 law enforcement officials 
and detectives patrol this vast expanse of land, including 36 million 
acres of wilderness area.
  The men and women of the Forest Service law enforcement and 
investigations, together with their Federal, State and local partners, 
seized 2 million marijuana plants from more than 300 sites during the 
2008 growing season. This is a dramatic increase from 2004, when fewer 
than 750,000 plants

[[Page H7421]]

were seized. The Forest Service reports that for each of the estimated 
660 marijuana sites in the National Forest System, it costs $30,000 to 
remove the marijuana and restore the ecosystem of each site. That is 
under $20 million to rid our forests of marijuana.
  Forest Service law enforcement officers are also battling against 
clandestine methamphetamine labs on Forest Service lands and increased 
drug trafficking across forests that share a common boundary with 
Canada and Mexico.
  Yet, in fiscal year 2009, only $15 million was allocated for all of 
the Forest Service's drug enforcement activities. My amendment 
increases this amount to $25 million. We can and must do more to put an 
end to the dangerous trend of using federal lands for illegal drug 
cultivation and distribution.
  Now, Madam Chairwoman, finally I want to say just in summary that 
this amendment would weaken the cartels' drug-trafficking operations. 
It will help the only 175 law enforcement officials to patrol the 36 
million acres of wilderness area, and it will send a strong message 
that we want to increase funds for these efforts.
  So I appreciate my amendment being supported tonight.
  I yield back the balance of my time.
  Mr. DICKS. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Texas (Mr. Smith).
  The amendment was agreed to.
  Mr. DICKS. I ask unanimous consent that the remainder of the bill 
through page 119, line 15 be considered as read.
  The Acting CHAIR. Is there objection to the request of the gentleman 
from Washington?
  There was no objection.
  The text of that portion of the bill is as follows:

                  capital improvement and maintenance

                     (including transfer of funds)

       For necessary expenses of the Forest Service, not otherwise 
     provided for, $560,637,000, to remain available until 
     expended, for construction, capital improvement, maintenance 
     and acquisition of buildings and other facilities and 
     infrastructure; and for construction, capital improvement, 
     decommissioning, and maintenance of forest roads and trails 
     by the Forest Service as authorized by 16 U.S.C. 532-538 and 
     23 U.S.C. 101 and 205: Provided, That $100,000,000 shall be 
     designated for urgently needed road decommissioning, road and 
     trail repair and maintenance and associated activities, and 
     removal of fish passage barriers, especially in areas where 
     Forest Service roads may be contributing to water quality 
     problems in streams and water bodies which support 
     threatened, endangered or sensitive species or community 
     water sources: Provided further, That funds provided herein 
     shall be available for the decommissioning of roads, 
     including unauthorized roads not part of the transportation 
     system, which are no longer needed: Provided further, That 
     public comment should be provided before system roads are 
     decommissioned: Provided further, That the decommissioning of 
     unauthorized roads not part of the official transportation 
     system shall be expedited in response to threats to public 
     safety, water quality, or natural resources: Provided 
     further, That funds becoming available in fiscal year 2010 
     under the Act of March 4, 1913 (16 U.S.C. 501) shall be 
     transferred to the General Fund of the Treasury and shall not 
     be available for transfer or obligation for any other purpose 
     unless the funds are appropriated:  Provided further, That up 
     to $10,000,000 may be transferred to and made a part of other 
     Forest Service accounts if the transfer enhances the 
     efficiency or effectiveness of Federal activities.

                            land acquisition

       For expenses necessary to carry out the provisions of the 
     Land and Water Conservation Fund Act of 1965, as amended (16 
     U.S.C. 460l-4 through 11), including administrative expenses, 
     and for acquisition of land or waters, or interest therein, 
     in accordance with statutory authority applicable to the 
     Forest Service, $36,782,000, to be derived from the Land and 
     Water Conservation Fund and to remain available until 
     expended.

         acquisition of lands for national forests special acts

       For acquisition of lands within the exterior boundaries of 
     the Cache, Uinta, and Wasatch National Forests, Utah; the 
     Toiyabe National Forest, Nevada; and the Angeles, San 
     Bernardino, Sequoia, and Cleveland National Forests, 
     California, as authorized by law, $1,050,000, to be derived 
     from forest receipts.

            acquisition of lands to complete land exchanges

       For acquisition of lands, such sums, to be derived from 
     funds deposited by State, county, or municipal governments, 
     public school districts, or other public school authorities, 
     and for authorized expenditures from funds deposited by non-
     Federal parties pursuant to Land Sale and Exchange Acts, 
     pursuant to the Act of December 4, 1967, as amended (16 
     U.S.C. 484a), to remain available until expended. (16 U.S.C. 
     4601-516-617a, 555a; Public Law 96-586; Public Law 76-589, 
     76-591; and 78-310).

                         range betterment fund

       For necessary expenses of range rehabilitation, protection, 
     and improvement, 50 percent of all moneys received during the 
     prior fiscal year, as fees for grazing domestic livestock on 
     lands in National Forests in the 16 Western States, pursuant 
     to section 401(b)(1) of Public Law 94-579, as amended, to 
     remain available until expended, of which not to exceed 6 
     percent shall be available for administrative expenses 
     associated with on-the-ground range rehabilitation, 
     protection, and improvements.

    gifts, donations and bequests for forest and rangeland research

       For expenses authorized by 16 U.S.C. 1643(b), $50,000, to 
     remain available until expended, to be derived from the fund 
     established pursuant to the above Act.

        management of national forest lands for subsistence uses

       For necessary expenses of the Forest Service to manage 
     Federal lands in Alaska for subsistence uses under title VIII 
     of the Alaska National Interest Lands Conservation Act 
     (Public Law 96-487), $2,582,000, to remain available until 
     expended.

                        wildland fire management

                     (including transfers of funds)

       For necessary expenses for forest fire presuppression 
     activities on National Forest System lands, for emergency 
     fire suppression on or adjacent to such lands or other lands 
     under fire protection agreement, hazardous fuels reduction on 
     or adjacent to such lands, and for emergency rehabilitation 
     of burned-over National Forest System lands and water, 
     $2,370,288,000, to remain available until expended: Provided, 
     That such funds including unobligated balances under this 
     heading, are available for repayment of advances from other 
     appropriations accounts previously transferred for such 
     purposes: Provided further, That such funds shall be 
     available to reimburse State and other cooperating entities 
     for services provided in response to wildfire and other 
     emergencies or disasters to the extent such reimbursements by 
     the Forest Service for non-fire emergencies are fully repaid 
     by the responsible emergency management agency: Provided 
     further, That, notwithstanding any other provision of law, 
     $8,000,000 of funds appropriated under this appropriation 
     shall be used for Fire Science Research in support of the 
     Joint Fire Science Program: Provided further, That all 
     authorities for the use of funds, including the use of 
     contracts, grants, and cooperative agreements, available to 
     execute the Forest and Rangeland Research appropriation, are 
     also available in the utilization of these funds for Fire 
     Science Research: Provided further, That funds provided shall 
     be available for emergency rehabilitation and restoration, 
     hazardous fuels reduction activities in the urban-wildland 
     interface, support to Federal emergency response, and 
     wildfire suppression activities of the Forest Service: 
     Provided further, That of the funds provided, $378,086,000 is 
     for hazardous fuels reduction activities, $11,600,000 is for 
     rehabilitation and restoration, $23,917,000 is for research 
     activities and to make competitive research grants pursuant 
     to the Forest and Rangeland Renewable Resources Research Act, 
     as amended (16 U.S.C. 1641 et seq.), $80,000,000 is for State 
     fire assistance, $10,000,000 is for volunteer fire 
     assistance, $24,252,000 is for forest health activities on 
     Federal lands and $12,928,000 is for forest health activities 
     on State and private lands: Provided further, That amounts in 
     this paragraph may be transferred to the ``State and Private 
     Forestry'', ``National Forest System'', and ``Forest and 
     Rangeland Research'' accounts to fund State fire assistance, 
     volunteer fire assistance, forest health management, forest 
     and rangeland research, the Joint Fire Science Program, 
     vegetation and watershed management, heritage site 
     rehabilitation, and wildlife and fish habitat management and 
     restoration: Provided further, That up to $25,000,000 of the 
     funds provided under this heading may be transferred to and 
     made a part of other Forest Service accounts if the transfer 
     enhances the efficiency or effectiveness of Federal 
     activities: Provided further, That the costs of implementing 
     any cooperative agreement between the Federal Government and 
     any non-Federal entity may be shared, as mutually agreed on 
     by the affected parties: Provided further, That of the funds 
     provided herein, the Secretary of Agriculture may enter into 
     procurement contracts or cooperative agreements, or issue 
     grants, for hazardous fuels reduction activities and for 
     training and monitoring associated with such hazardous fuels 
     reduction activities, on Federal land, or on adjacent non-
     Federal land for activities that benefit resources on Federal 
     land: Provided further, That the Secretary of the Interior 
     and the Secretary of Agriculture may authorize the transfer 
     of funds appropriated for wildland fire management, in an 
     aggregate amount not to exceed $50,000,000, between the 
     Departments when such transfers would facilitate and expedite 
     jointly funded wildland fire management programs and 
     projects: Provided further, That of the funds provided for 
     hazardous fuels reduction, not to exceed $5,000,000, may be 
     used to make grants, using any authorities available to the 
     Forest Service under the State and Private Forestry 
     appropriation, for the purpose of creating incentives for 
     increased use of biomass from

[[Page H7422]]

     national forest lands: Provided further, That funds 
     designated for wildfire suppression shall be assessed for 
     cost pools on the same basis as such assessments are 
     calculated against other agency programs.

           Wildland Fire Suppression Contingency Reserve Fund

                     (including transfer of funds)

       For necessary expenses for transfer to ``Wildland Fire 
     Management'' for emergency fire suppression on National 
     Forest System lands or adjacent lands or other lands under 
     fire protection agreement, $282,000,000, to remain available 
     until expended: Provided, That amounts in this paragraph may 
     be transferred and expended only if all funds appropriated 
     for fire suppression under the heading ``Wildland Fire 
     Management'' shall be fully obligated within 30 days: 
     Provided further, That amounts are available only to the 
     extent the President has issued a finding that the amounts 
     are necessary for emergency fire suppression.

               administrative provisions, forest service

       Appropriations to the Forest Service for the current fiscal 
     year shall be available for: (1) purchase of passenger motor 
     vehicles; acquisition of passenger motor vehicles from excess 
     sources, and hire of such vehicles; purchase, lease, 
     operation, maintenance, and acquisition of aircraft from 
     excess sources to maintain the operable fleet for use in 
     Forest Service wildland fire programs and other Forest 
     Service programs; notwithstanding other provisions of law, 
     existing aircraft being replaced may be sold, with proceeds 
     derived or trade-in value used to offset the purchase price 
     for the replacement aircraft; (2) services pursuant to 7 
     U.S.C. 2225, and not to exceed $100,000 for employment under 
     5 U.S.C. 3109; (3) purchase, erection, and alteration of 
     buildings and other public improvements (7 U.S.C. 2250); (4) 
     acquisition of land, waters, and interests therein pursuant 
     to 7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers 
     in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, and 
     558a note); (6) the cost of uniforms as authorized by 5 
     U.S.C. 5901-5902; and (7) for debt collection contracts in 
     accordance with 31 U.S.C. 3718(c).
       Any appropriations or funds available to the Forest Service 
     may be transferred to the Wildland Fire Management 
     appropriation for forest firefighting, emergency 
     rehabilitation of burned-over or damaged lands or waters 
     under its jurisdiction, and fire preparedness due to severe 
     burning conditions five days after the Secretary notifies the 
     House and Senate Committees on Appropriations that all fire 
     suppression funds appropriated under the headings ``Wildland 
     Fire Management'' and ``Wildland Fire Suppression Contingency 
     Reserve Fund'' shall be fully obligated within 30 days: 
     Provided, That all funds used pursuant to this paragraph must 
     be replenished by a supplemental appropriation which must be 
     requested as promptly as possible.
       Funds appropriated to the Forest Service shall be available 
     for assistance to or through the Agency for International 
     Development in connection with forest and rangeland research, 
     technical information, and assistance in foreign countries, 
     and shall be available to support forestry and related 
     natural resource activities outside the United States and its 
     territories and possessions, including technical assistance, 
     education and training, and cooperation with United States 
     and international organizations.
       None of the funds made available to the Forest Service in 
     this Act or any other Act with respect to any fiscal year 
     shall be subject to transfer under the provisions of section 
     702(b) of the Department of Agriculture Organic Act of 1944 
     (7 U.S.C. 2257), section 442 of Public Law 106-224 (7 U.S.C. 
     7772), or section 10417(b) of Public Law 107-107 (7 U.S.C. 
     8316(b)).
       Not more than $78,350,000 of funds available to the Forest 
     Service shall be transferred to the Working Capital Fund of 
     the Department of Agriculture and not more than $19,825,000 
     of funds available to the Forest Service shall be transferred 
     to the Department of Agriculture for Department Reimbursable 
     Programs, commonly referred to as Greenbook charges. Nothing 
     in this paragraph shall prohibit or limit the use of 
     reimbursable agreements requested by the Forest Service in 
     order to obtain services from the Department of Agriculture's 
     National Information Technology Center.
       Funds available to the Forest Service shall be available to 
     conduct a program of up to $5,000,000 for priority projects 
     within the scope of the approved budget, of which $2,500,000 
     shall be carried out by the Youth Conservation Corps and 
     $2,500,000 shall be carried out under the authority of the 
     Public Lands Corps Healthy Forests Restoration Act of 2005, 
     Public Law 109-154.
       Of the funds available to the Forest Service, $4,000 is 
     available to the Chief of the Forest Service for official 
     reception and representation expenses.
       Pursuant to sections 405(b) and 410(b) of Public Law 101-
     593, of the funds available to the Forest Service, $3,000,000 
     may be advanced in a lump sum to the National Forest 
     Foundation to aid conservation partnership projects in 
     support of the Forest Service mission, without regard to when 
     the Foundation incurs expenses, for projects on or 
     benefitting National Forest System lands or related to Forest 
     Service programs: Provided, That the Foundation shall obtain, 
     by the end of the period of Federal financial assistance, 
     private contributions to match on at least one-for-one basis 
     funds made available by the Forest Service: Provided further, 
     That the Foundation may transfer Federal funds to Federal or 
     a non-Federal recipient for a project at the same rate that 
     the recipient has obtained the non-Federal matching funds: 
     Provided further, That authorized investments of Federal 
     funds held by the Foundation may be made only in interest-
     bearing obligations of the United States or in obligations 
     guaranteed as to both principal and interest by the United 
     States.
       Pursuant to section 2(b)(2) of Public Law 98-244, 
     $3,000,000 of the funds available to the Forest Service shall 
     be advanced to the National Fish and Wildlife Foundation in a 
     lump sum to aid cost-share conservation projects, without 
     regard to when expenses are incurred, on or benefitting 
     National Forest System lands or related to Forest Service 
     programs: Provided, That such funds shall be matched on at 
     least a one-for-one basis by the Foundation or its sub-
     recipients: Provided further, That the Foundation may 
     transfer Federal funds to a Federal or non-Federal recipient 
     for a project at the same rate that the recipient has 
     obtained the non-Federal matching funds.
       Funds appropriated to the Forest Service shall be available 
     for interactions with and providing technical assistance to 
     rural communities and natural resource-based businesses for 
     sustainable rural development purposes.
       Funds appropriated to the Forest Service shall be available 
     for payments to counties within the Columbia River Gorge 
     National Scenic Area, pursuant to section 14(c)(1) and (2), 
     and section 16(a)(2) of Public Law 99-663.
       An eligible individual who is employed in any project 
     funded under title V of the Older American Act of 1965 (42 
     U.S.C. 3056 et seq.) and administered by the Forest Service 
     shall be considered to be a Federal employee for purposes of 
     chapter 171 of title 28, United States Code.
       Any funds appropriated to the Forest Service may be used to 
     meet the non-Federal share requirement in section 502(c) of 
     the Older American Act of 1965 (42 U.S.C. 3056(c)(2)).
       Funds available to the Forest Service, not to exceed 
     $55,000,000, shall be assessed for the purpose of performing 
     fire, administrative and other facilities maintenance. Such 
     assessments shall occur using a square foot rate charged on 
     the same basis the agency uses to assess programs for payment 
     of rent, utilities, and other support services.
       Notwithstanding any other provision of law, any 
     appropriations or funds available to the Forest Service not 
     to exceed $500,000 may be used to reimburse the Office of the 
     General Counsel (OGC), Department of Agriculture, for travel 
     and related expenses incurred as a result of OGC assistance 
     or participation requested by the Forest Service at meetings, 
     training sessions, management reviews, land purchase 
     negotiations and similar non-litigation related matters. 
     Future budget justifications for both the Forest Service and 
     the Department of Agriculture should clearly display the sums 
     previously transferred and the requested funding transfers.
       The 19th unnumbered paragraph under heading 
     ``Administrative Provisions, Forest Service'' in title III of 
     the Department of the Interior, Environment, and Related 
     Agencies Appropriations Act, 2006, Public Law 109-54, is 
     amended by striking ``2009'' and inserting ``2014''.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service

                         indian health services

       For expenses necessary to carry out the Act of August 5, 
     1954 (68 Stat. 674), the Indian Self-Determination Act, the 
     Indian Health Care Improvement Act, and titles II and III of 
     the Public Health Service Act with respect to the Indian 
     Health Service, $3,657,618,000, together with payments 
     received during the fiscal year pursuant to 42 U.S.C. 238(b) 
     and 238b for services furnished by the Indian Health Service: 
     Provided, That funds made available to tribes and tribal 
     organizations through contracts, grant agreements, or any 
     other agreements or compacts authorized by the Indian Self-
     Determination and Education Assistance Act of 1975 (25 U.S.C. 
     450), shall be deemed to be obligated at the time of the 
     grant or contract award and thereafter shall remain available 
     to the tribe or tribal organization without fiscal year 
     limitation: Provided further, That $16,251,000 is provided 
     for Headquarters operations and information technology 
     activities and, notwithstanding any other provision of law, 
     the amount available under this proviso shall be allocated at 
     the discretion of the Director of the Indian Health Service: 
     Provided further, That $779,347,000 for contract medical 
     care, including $48,000,000 for the Indian Catastrophic 
     Health Emergency Fund, shall remain available until expended: 
     Provided further, That no less than $43,139,000 is provided 
     for maintaining operations of the urban Indian health 
     program: Provided further, That of the funds provided, up to 
     $32,000,000 shall remain available until expended for 
     implementation of the loan repayment program under section 
     108 of the Indian Health Care Improvement Act: Provided 
     further, That $16,391,000 is provided for the methamphetamine 
     and suicide prevention and treatment initiative and 
     $10,000,000 is provided for the domestic violence prevention 
     initiative and, notwithstanding any other provision of law, 
     the amounts available under this proviso shall be allocated 
     at the discretion of the Director of the Indian Health 
     Service and shall remain available until expended: Provided

[[Page H7423]]

     further, That funds provided in this Act may be used for one-
     year contracts and grants which are to be performed in two 
     fiscal years, so long as the total obligation is recorded in 
     the year for which the funds are appropriated: Provided 
     further, That the amounts collected by the Secretary of 
     Health and Human Services under the authority of title IV of 
     the Indian Health Care Improvement Act shall remain available 
     until expended for the purpose of achieving compliance with 
     the applicable conditions and requirements of titles XVIII 
     and XIX of the Social Security Act (exclusive of planning, 
     design, or construction of new facilities): Provided further, 
     That funding contained herein, and in any earlier 
     appropriations Acts for scholarship programs under the Indian 
     Health Care Improvement Act (25 U.S.C. 1613) shall remain 
     available until expended: Provided further, That amounts 
     received by tribes and tribal organizations under title IV of 
     the Indian Health Care Improvement Act shall be reported and 
     accounted for and available to the receiving tribes and 
     tribal organizations until expended: Provided further, That, 
     notwithstanding any other provision of law, of the amounts 
     provided herein, not to exceed $398,490,000 shall be for 
     payments to tribes and tribal organizations for contract or 
     grant support costs associated with contracts, grants, self-
     governance compacts, or annual funding agreements between the 
     Indian Health Service and a tribe or tribal organization 
     pursuant to the Indian Self-Determination Act of 1975, as 
     amended, prior to or during fiscal year 2010, of which not to 
     exceed $5,000,000 may be used for contract support costs 
     associated with new or expanded self-determination contracts, 
     grants, self-governance compacts, or annual funding 
     agreements: Provided further, That the Bureau of Indian 
     Affairs may collect from the Indian Health Service, tribes 
     and tribal organizations operating health facilities pursuant 
     to Public Law 93-638, such individually identifiable health 
     information relating to disabled children as may be necessary 
     for the purpose of carrying out its functions under the 
     Individuals with Disabilities Education Act (20 U.S.C. 1400, 
     et seq.): Provided further, That the Indian Health Care 
     Improvement Fund may be used, as needed, to carry out 
     activities typically funded under the Indian Health 
     Facilities account.

                        indian health facilities

       For construction, repair, maintenance, improvement, and 
     equipment of health and related auxiliary facilities, 
     including quarters for personnel; preparation of plans, 
     specifications, and drawings; acquisition of sites, purchase 
     and erection of modular buildings, and purchases of trailers; 
     and for provision of domestic and community sanitation 
     facilities for Indians, as authorized by section 7 of the Act 
     of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
     Determination Act, and the Indian Health Care Improvement 
     Act, and for expenses necessary to carry out such Acts and 
     titles II and III of the Public Health Service Act with 
     respect to environmental health and facilities support 
     activities of the Indian Health Service, $394,757,000, to 
     remain available until expended: Provided, That 
     notwithstanding any other provision of law, funds 
     appropriated for the planning, design, construction or 
     renovation of health facilities for the benefit of a 
     federally recognized Indian tribe or tribes may be used to 
     purchase land for sites to construct, improve, or enlarge 
     health or related facilities: Provided further, That not to 
     exceed $500,000 shall be used by the Indian Health Service to 
     purchase TRANSAM equipment from the Department of Defense for 
     distribution to the Indian Health Service and tribal 
     facilities: Provided further, That none of the funds 
     appropriated to the Indian Health Service may be used for 
     sanitation facilities construction for new homes funded with 
     grants by the housing programs of the United States 
     Department of Housing and Urban Development: Provided 
     further, That not to exceed $2,700,000 from this account and 
     the ``Indian Health Services'' account shall be used by the 
     Indian Health Service to obtain ambulances for the Indian 
     Health Service and tribal facilities in conjunction with an 
     existing interagency agreement between the Indian Health 
     Service and the General Services Administration: Provided 
     further, That not to exceed $500,000 shall be placed in a 
     Demolition Fund, available until expended, to be used by the 
     Indian Health Service for demolition of Federal buildings.

            administrative provisions, indian health service

       Appropriations in this Act to the Indian Health Service 
     shall be available for services as authorized by 5 U.S.C. 
     3109 but at rates not to exceed the per diem rate equivalent 
     to the maximum rate payable for senior-level positions under 
     5 U.S.C. 5376; hire of passenger motor vehicles and aircraft; 
     purchase of medical equipment; purchase of reprints; 
     purchase, renovation and erection of modular buildings and 
     renovation of existing facilities; payments for telephone 
     service in private residences in the field, when authorized 
     under regulations approved by the Secretary; and for uniforms 
     or allowances therefor as authorized by 5 U.S.C. 5901-5902; 
     and for expenses of attendance at meetings that relate to the 
     functions or activities for which the appropriation is made 
     or otherwise contribute to the improved conduct, supervision, 
     or management of those functions or activities.
       In accordance with the provisions of the Indian Health Care 
     Improvement Act, non-Indian patients may be extended health 
     care at all tribally administered or Indian Health Service 
     facilities, subject to charges, and the proceeds along with 
     funds recovered under the Federal Medical Care Recovery Act 
     (42 U.S.C. 2651-2653) shall be credited to the account of the 
     facility providing the service and shall be available without 
     fiscal year limitation. Notwithstanding any other law or 
     regulation, funds transferred from the Department of Housing 
     and Urban Development to the Indian Health Service shall be 
     administered under Public Law 86-121, the Indian Sanitation 
     Facilities Act and Public Law 93-638, as amended.
       Funds appropriated to the Indian Health Service in this 
     Act, except those used for administrative and program 
     direction purposes, shall not be subject to limitations 
     directed at curtailing Federal travel and transportation.
       None of the funds made available to the Indian Health 
     Service in this Act shall be used for any assessments or 
     charges by the Department of Health and Human Services unless 
     identified in the budget justification and provided in this 
     Act, or approved by the House and Senate Committees on 
     Appropriations through the reprogramming process.
       Notwithstanding any other provision of law, funds 
     previously or herein made available to a tribe or tribal 
     organization through a contract, grant, or agreement 
     authorized by title I or title V of the Indian Self-
     Determination and Education Assistance Act of 1975 (25 U.S.C. 
     450), may be deobligated and reobligated to a self-
     determination contract under title I, or a self-governance 
     agreement under title V of such Act and thereafter shall 
     remain available to the tribe or tribal organization without 
     fiscal year limitation.
       None of the funds made available to the Indian Health 
     Service in this Act shall be used to implement the final rule 
     published in the Federal Register on September 16, 1987, by 
     the Department of Health and Human Services, relating to the 
     eligibility for the health care services of the Indian Health 
     Service until the Indian Health Service has submitted a 
     budget request reflecting the increased costs associated with 
     the proposed final rule, and such request has been included 
     in an appropriations Act and enacted into law.
       With respect to functions transferred by the Indian Health 
     Service to tribes or tribal organizations, the Indian Health 
     Service is authorized to provide goods and services to those 
     entities, on a reimbursable basis, including payment in 
     advance with subsequent adjustment. The reimbursements 
     received therefrom, along with the funds received from those 
     entities pursuant to the Indian Self-Determination Act, may 
     be credited to the same or subsequent appropriation account 
     that provided the funding, with such amounts to remain 
     available until expended.
       Reimbursements for training, technical assistance, or 
     services provided by the Indian Health Service will contain 
     total costs, including direct, administrative, and overhead 
     associated with the provision of goods, services, or 
     technical assistance.
       The appropriation structure for the Indian Health Service 
     may not be altered without advance notification to the House 
     and Senate Committees on Appropriations.

                     National Institutes of Health

          national institute of environmental health sciences

       For necessary expenses for the National Institute of 
     Environmental Health Sciences in carrying out activities set 
     forth in section 311(a) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980, as 
     amended, and section 126(g) of the Superfund Amendments and 
     Reauthorization Act of 1986, $79,212,000.

            Agency for Toxic Substances and Disease Registry

            toxic substances and environmental public health

       For necessary expenses for the Agency for Toxic Substances 
     and Disease Registry (ATSDR) in carrying out activities set 
     forth in sections 104(i) and 111(c)(4) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (CERCLA), as amended; section 118(f) of the Superfund 
     Amendments and Reauthorization Act of 1986 (SARA), as 
     amended; and section 3019 of the Solid Waste Disposal Act, as 
     amended, $76,792,000, of which up to $1,000 per eligible 
     employee of the Agency for Toxic Substance and Disease 
     Registry shall remain available until expended for Individual 
     Learning Accounts: Provided, That notwithstanding any other 
     provision of law, in lieu of performing a health assessment 
     under section 104(i)(6) of CERCLA, the Administrator of ATSDR 
     may conduct other appropriate health studies, evaluations, or 
     activities, including, without limitation, biomedical 
     testing, clinical evaluations, medical monitoring, and 
     referral to accredited health care providers: Provided 
     further, That in performing any such health assessment or 
     health study, evaluation, or activity, the Administrator of 
     ATSDR shall not be bound by the deadlines in section 
     104(i)(6)(A) of CERCLA: Provided further, That none of the 
     funds appropriated under this heading shall be available for 
     ATSDR to issue in excess of 40 toxicological profiles 
     pursuant to section 104(i) of CERCLA during fiscal year 2010, 
     and existing profiles may be updated as necessary.

[[Page H7424]]

                         OTHER RELATED AGENCIES

                   Executive Office of the President

  council on environmental quality and office of environmental quality

       For necessary expenses to continue functions assigned to 
     the Council on Environmental Quality and Office of 
     Environmental Quality pursuant to the National Environmental 
     Policy Act of 1969, the Environmental Quality Improvement Act 
     of 1970, and Reorganization Plan No. 1 of 1977, and not to 
     exceed $750 for official reception and representation 
     expenses, $3,159,000: Provided, That notwithstanding section 
     202 of the National Environmental Policy Act of 1970, the 
     Council shall consist of one member, appointed by the 
     President, by and with the advice and consent of the Senate, 
     serving as chairman and exercising all powers, functions, and 
     duties of the Council.

             Chemical Safety and Hazard Investigation Board

                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses in carrying out activities pursuant 
     to section 112(r)(6) of the Clean Air Act, as amended, 
     including hire of passenger vehicles, uniforms or allowances 
     therefor, as authorized by 5 U.S.C. 5901-5902, and for 
     services authorized by 5 U.S.C. 3109 but at rates for 
     individuals not to exceed the per diem equivalent to the 
     maximum rate payable for senior level positions under 5 
     U.S.C. 5376, $10,547,000: Provided, That the Chemical Safety 
     and Hazard Investigation Board (Board) shall have not more 
     than three career Senior Executive Service positions: 
     Provided further, That notwithstanding any other provision of 
     law, the individual appointed to the position of Inspector 
     General of the Environmental Protection Agency (EPA) shall, 
     by virtue of such appointment, also hold the position of 
     Inspector General of the Board: Provided further, That 
     notwithstanding any other provision of law, the Inspector 
     General of the Board shall utilize personnel of the Office of 
     Inspector General of EPA in performing the duties of the 
     Inspector General of the Board, and shall not appoint any 
     individuals to positions within the Board: Provided further, 
     That of the funds appropriated under this heading, $150,000 
     shall be paid to the ``Office of Inspector General'' 
     appropriation of the Environmental Protection Agency.

              Office of Navajo and Hopi Indian Relocation

                         salaries and expenses

       For necessary expenses of the Office of Navajo and Hopi 
     Indian Relocation as authorized by Public Law 93-531, 
     $8,000,000, to remain available until expended: Provided, 
     That funds provided in this or any other appropriations Act 
     are to be used to relocate eligible individuals and groups 
     including evictees from District 6, Hopi-partitioned lands 
     residents, those in significantly substandard housing, and 
     all others certified as eligible and not included in the 
     preceding categories: Provided further, That none of the 
     funds contained in this or any other Act may be used by the 
     Office of Navajo and Hopi Indian Relocation to evict any 
     single Navajo or Navajo family who, as of November 30, 1985, 
     was physically domiciled on the lands partitioned to the Hopi 
     Tribe unless a new or replacement home is provided for such 
     household: Provided further, That no relocatee will be 
     provided with more than one new or replacement home: Provided 
     further, That the Office shall relocate any certified 
     eligible relocatees who have selected and received an 
     approved homesite on the Navajo reservation or selected a 
     replacement residence off the Navajo reservation or on the 
     land acquired pursuant to 25 U.S.C. 640d-10.

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development

                        payment to the institute

       For payment to the Institute of American Indian and Alaska 
     Native Culture and Arts Development, as authorized by title 
     XV of Public Law 99-498, as amended (20 U.S.C. 56 part A), 
     $8,300,000.

                        Smithsonian Institution

                         salaries and expenses

       For necessary expenses of the Smithsonian Institution, as 
     authorized by law, including research in the fields of art, 
     science, and history; development, preservation, and 
     documentation of the National Collections; presentation of 
     public exhibits and performances; collection, preparation, 
     dissemination, and exchange of information and publications; 
     conduct of education, training, and museum assistance 
     programs; maintenance, alteration, operation, lease (for 
     terms not to exceed 30 years), and protection of buildings, 
     facilities, and approaches; not to exceed $100,000 for 
     services as authorized by 5 U.S.C. 3109; and purchase, 
     rental, repair, and cleaning of uniforms for employees, 
     $634,161,000, to remain available until September 30, 2011 
     except as otherwise provided herein; of which not to exceed 
     $19,117,000 for the instrumentation program, collections 
     acquisition, exhibition reinstallation, the National Museum 
     of African American History and Culture, and the repatriation 
     of skeletal remains program shall remain available until 
     expended; and of which $1,553,000 is for fellowships and 
     scholarly awards; and including such funds as may be 
     necessary to support American overseas research centers: 
     Provided, That funds appropriated herein are available for 
     advance payments to independent contractors performing 
     research services or participating in official Smithsonian 
     presentations.

                           facilities capital

       For necessary expenses of repair, revitalization, and 
     alteration of facilities owned or occupied by the Smithsonian 
     Institution, by contract or otherwise, as authorized by 
     section 2 of the Act of August 22, 1949 (63 Stat. 623), and 
     for construction, including necessary personnel, 
     $140,000,000, to remain available until expended, of which 
     not to exceed $10,000 is for services as authorized by 5 
     U.S.C. 3109.

           administrative provision, smithsonian institution

       Notwithstanding any provision of the Department of the 
     Interior, Environment, and Related Agencies Appropriations 
     Act, 2008 (Public Law 110--161; 121 Stat. 2140), the funds 
     provided for ``Smithsonian Institution, Legacy Fund'' under 
     such Act may be transferred to and made a part of the 
     appropriation for ``Smithsonian Institution, Facilities 
     Capital'' in this Act and utilized by the Smithsonian 
     Institution under the same terms and conditions that apply to 
     other funds contained in such appropriation.

                        National Gallery of Art

                         salaries and expenses

       For the upkeep and operations of the National Gallery of 
     Art, the protection and care of the works of art therein, and 
     administrative expenses incident thereto, as authorized by 
     the Act of March 24, 1937 (50 Stat. 51), as amended by the 
     public resolution of April 13, 1939 (Public Resolution 9, 
     Seventy-sixth Congress), including services as authorized by 
     5 U.S.C. 3109; payment in advance when authorized by the 
     treasurer of the Gallery for membership in library, museum, 
     and art associations or societies whose publications or 
     services are available to members only, or to members at a 
     price lower than to the general public; purchase, repair, and 
     cleaning of uniforms for guards, and uniforms, or allowances 
     therefor, for other employees as authorized by law (5 U.S.C. 
     5901-5902); purchase or rental of devices and services for 
     protecting buildings and contents thereof, and maintenance, 
     alteration, improvement, and repair of buildings, approaches, 
     and grounds; and purchase of services for restoration and 
     repair of works of art for the National Gallery of Art by 
     contracts made, without advertising, with individuals, firms, 
     or organizations at such rates or prices and under such terms 
     and conditions as the Gallery may deem proper, $110,746,000, 
     of which not to exceed $3,386,000 for the special exhibition 
     program shall remain available until expended.

            repair, restoration and renovation of buildings

       For necessary expenses of repair, restoration and 
     renovation of buildings, grounds and facilities owned or 
     occupied by the National Gallery of Art, by contract or 
     otherwise, as authorized, $56,259,000, to remain available 
     until expended: Provided, That of this amount, $40,000,000 
     shall be available to repair the National Gallery's East 
     Building facade: Provided further, That contracts awarded for 
     environmental systems, protection systems, and exterior 
     repair or renovation of buildings of the National Gallery of 
     Art may be negotiated with selected contractors and awarded 
     on the basis of contractor qualifications as well as price.

             John F. Kennedy Center for the Performing Arts

                       operations and maintenance

       For necessary expenses for the operation, maintenance and 
     security of the John F. Kennedy Center for the Performing 
     Arts, $25,000,000: Provided, That of the funds included under 
     this heading, $2,500,000 is available until expended to 
     implement a program to train arts managers throughout the 
     United States.

                     capital repair and restoration

       For necessary expenses for capital repair and restoration 
     of the existing features of the building and site of the John 
     F. Kennedy Center for the Performing Arts, $17,447,000, to 
     remain available until expended.

            Woodrow Wilson International Center for Scholars

                         salaries and expenses

       For expenses necessary in carrying out the provisions of 
     the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) 
     including hire of passenger vehicles and services as 
     authorized by 5 U.S.C. 3109, $12,225,000, to remain available 
     until September 30, 2011.

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts

                       grants and administration

       For necessary expenses to carry out the National Foundation 
     on the Arts and the Humanities Act of 1965, as amended, 
     $170,000,000 shall be available to the National Endowment for 
     the Arts for the support of projects and productions in the 
     arts, including arts education and public outreach 
     activities, through assistance to organizations and 
     individuals pursuant to section 5 of the Act, for program 
     support, and for administering the functions of the Act, to 
     remain available until expended: Provided, That funds 
     appropriated herein shall be expended in accordance with 
     sections 309 and 311 of Public Law 108-447.

                 National Endowment for the Humanities

                       grants and administration

       For necessary expenses to carry out the National Foundation 
     on the Arts and the Humanities Act of 1965, as amended, 
     $170,000,000,

[[Page H7425]]

     to remain available until expended, of which $155,700,000 
     shall be available for support of activities in the 
     humanities, pursuant to section 7(c) of the Act and for 
     administering the functions of the Act; and $14,300,000 shall 
     be available to carry out the matching grants program 
     pursuant to section 10(a)(2) of the Act including $9,500,000 
     for the purposes of section 7(h): Provided, That 
     appropriations for carrying out section 10(a)(2) shall be 
     available for obligation only in such amounts as may be equal 
     to the total amounts of gifts, bequests, and devises of 
     money, and other property accepted by the chairman or by 
     grantees of the Endowment under the provisions of subsections 
     11(a)(2)(B) and 11(a)(3)(B) during the current and preceding 
     fiscal years for which equal amounts have not previously been 
     appropriated.

                        administrative provision

       None of the funds appropriated to the National Foundation 
     on the Arts and the Humanities may be used to process any 
     grant or contract documents which do not include the text of 
     18 U.S.C. 1913: Provided, That none of the funds appropriated 
     to the National Foundation on the Arts and the Humanities may 
     be used for official reception and representation expenses: 
     Provided further, That funds from nonappropriated sources may 
     be used as necessary for official reception and 
     representation expenses: Provided further, That the 
     Chairperson of the National Endowment for the Arts may 
     approve grants of up to $10,000, if in the aggregate this 
     amount does not exceed 5 percent of the sums appropriated for 
     grant-making purposes per year: Provided further, That such 
     small grant actions are taken pursuant to the terms of an 
     expressed and direct delegation of authority from the 
     National Council on the Arts to the Chairperson.

                        Commission of Fine Arts

                         salaries and expenses

       For expenses made necessary by the Act establishing a 
     Commission of Fine Arts (40 U.S.C. 104), $2,294,000: 
     Provided, That the Commission is authorized to charge fees to 
     cover the full costs of its publications, and such fees shall 
     be credited to this account as an offsetting collection, to 
     remain available until expended without further 
     appropriation: Provided further, That the Commission is 
     authorized to accept gifts, including objects, papers, 
     artwork, drawings and artifacts, that pertain to the history 
     and design of the national capital or the history and 
     activities of the Commission of Fine Arts, and may be used 
     only for artistic display, study, or education.

               national capital arts and cultural affairs

       For necessary expenses as authorized by Public Law 99-190 
     (20 U.S.C. 956a), as amended, $10,000,000.

               Advisory Council on Historic Preservation

                         salaries and expenses

       For necessary expenses of the Advisory Council on Historic 
     Preservation (Public Law 89-665, as amended), $5,908,000: 
     Provided, That none of these funds shall be available for 
     compensation of level V of the Executive Schedule or higher 
     positions.

                  National Capital Planning Commission

                         salaries and expenses

       For necessary expenses, as authorized by the National 
     Capital Planning Act of 1952 (40 U.S.C. 71-71i), including 
     services as authorized by 5 U.S.C. 3109, $8,507,000: 
     Provided, That one-quarter of 1 percent of the funds provided 
     under this heading may be used for official reception and 
     representational expenses associated with hosting 
     international visitors engaged in the planning and physical 
     development of world capitals.

                United States Holocaust Memorial Museum

                       holocaust memorial museum

       For expenses of the Holocaust Memorial Museum, as 
     authorized by Public Law 106-292 (36 U.S.C. 2301-2310), 
     $48,551,000, of which $515,000 for the Museum's equipment 
     replacement program, $1,900,000 for the museum's repair and 
     rehabilitation program, and $1,243,000 for the museum's 
     exhibition design and production program shall remain 
     available until expended.

                             Presidio Trust

                          presidio trust fund

       For necessary expenses to carry out title I of the Omnibus 
     Parks and Public Lands Management Act of 1996, $23,200,000 
     shall be available to the Presidio Trust, to remain available 
     until expended.

                Dwight D. Eisenhower Memorial Commission

                         salaries and expenses

       For necessary expenses, including the costs of construction 
     design, of the Dwight D. Eisenhower Memorial Commission, 
     $2,000,000 to remain available until expended.

                          capital construction

       For necessary expenses of the Dwight D. Eisenhower Memorial 
     Commission for design and construction of a memorial in honor 
     of Dwight D. Eisenhower, as authorized by Public Law 106-79, 
     $10,000,000, to remain available until expended.

                      TITLE IV--GENERAL PROVISIONS

                     (including transfers of funds)

       Sec. 401.  The expenditure of any appropriation under this 
     Act for 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.
       Sec. 402.  No part of any appropriation contained in this 
     Act shall be available for any activity or the publication or 
     distribution of literature that in any way tends to promote 
     public support or opposition to any legislative proposal on 
     which Congressional action is not complete other than to 
     communicate to Members of Congress as described in 18 U.S.C. 
     1913.
       Sec. 403.  No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 404.  None of the funds provided in this Act to any 
     department 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.
       Sec. 405.  Estimated overhead charges, deductions, reserves 
     or 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.
       Sec. 406.  None of the funds made available in this Act may 
     be 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.
       Sec. 407. (a) Limitation of Funds.--None of the funds 
     appropriated 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 of Representatives 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.
       Sec. 408.  Notwithstanding any other provision of law, 
     amounts appropriated to or otherwise designated in committee 
     reports for the Bureau of Indian Affairs and the Indian 
     Health Service by Public Laws 103-138, 103-332, 104-134, 104-
     208, 105-83, 105-277, 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, federally 
     recognized tribes, and tribal organizations of federally 
     recognized tribes may use their tribal priority allocations 
     for unmet contract support costs of ongoing contracts, 
     grants, self-governance compacts, or annual funding 
     agreements.
       Sec. 409.  The Secretary of Agriculture shall not be 
     considered to 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

[[Page H7426]]

     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.
       Sec. 410.  No funds provided in this Act may be expended to 
     conduct 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.
       Sec. 411.  In entering into agreements with foreign fire 
     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 such 
     protection 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.
       Sec. 412.  In awarding a Federal contract with funds made 
     available 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.
       Sec. 413.  Unless otherwise provided herein, no funds 
     appropriated 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.
       Sec. 414.  The terms and conditions of section 325 of 
     Public Law 108-108, regarding grazing permits at the 
     Department of the Interior and the Forest Service shall 
     remain in effect for fiscal year 2010.
       Sec. 415.  Section 6 of the National Foundation on the Arts 
     and the Humanities Act of 1965 (Public Law 89-209, 20 U.S.C. 
     955), as amended, is further amended as follows:
        (a) in the first sentence of subsection (b)(1)(C), by 
     striking ``14'' and inserting in lieu thereof ``18''; and
       (b) in the second sentence of subsection (d)(1), by 
     striking ``Eight'' and inserting in lieu thereof ``Ten''.
       Sec. 416.  The item relating to ``National Capital Arts and 
     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''.
       Sec. 417.  Section 339(h) of the Department of the Interior 
     and 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''.
       Sec. 418.  The second sentence of section 2 (a)(1) of the 
     Mineral Leasing Act (30 U.S.C. 201(a)(1); relating to coal 
     bonus bids) does not apply for fiscal year 2010.
       Sec. 419.  All monies received by the United States in 
     fiscal year 2010 from sales, bonuses, rentals, and royalties 
     under the Geothermal Steam Act of 1970 shall be disposed of 
     as provided by section 20 of that Act (30 U.S.C. 1019), as in 
     effect immediately before enactment of the Energy Policy Act 
     of 2005 (Public Law 109-58), and without regard to the 
     amendments contained in sections 224(b) and section 234 of 
     the Energy Policy Act of 2005 (42 U.S.C. 17673).
       Sec. 420.  Section 331(e) of the Department of the Interior 
     and 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''.
       Sec. 421.  None of the funds in this or any other Act shall 
     be used to deposit funds from any Federal royalties, rents, 
     and bonuses derived from Federal onshore and offshore oil and 
     gas leases issued under the Outer Continental Shelf Lands Act 
     (43 U.S.C. 1331 et seq.) and the Mineral Leasing Act (30 
     U.S.C. 181 et seq.) into the Ultra-Deepwater and 
     Unconventional Natural Gas and Other Petroleum Research Fund.
       Sec. 422.  Section 302(a) of the Secure Rural Schools and 
     Community Self-Determination Act of 2000 (16 U.S.C. 7142(a)) 
     is amended--
       (1) in paragraph (2)(B), by striking ``; and'' and 
     inserting a semicolon;
       (2) in paragraph (3), by striking the period and inserting 
     ``; and''; and
       (3) by inserting after paragraph (3), the following: ``(4) 
     to reimburse all or part of the costs incurred by the county 
     to pay the salaries and benefits of county employees who 
     supervise adults or juveniles performing mandatory community 
     service on Federal lands.''.
       Sec. 423.  Within the amounts appropriated in this Act, 
     funding shall be allocated in the amounts specified for those 
     projects and purposes delineated in the table titled 
     ``Congressionally Directed Spending'' included in the 
     explanatory statement accompanying this Act. The preceding 
     sentence shall apply in addition to the allocation 
     requirements specified in this Act under the heading 
     ``National Park Service-Historic Preservation Fund'' for Save 
     America's Treasures and under the heading ``Environmental 
     Protection Agency-State and Tribal Assistance Grants'' for 
     special project grants for the construction of drinking 
     water, wastewater and storm infrastructure and for water 
     quality protection.
       Sec. 424.  Not later than 120 days after the date on which 
     the President's Fiscal Year 2011 budget request is submitted 
     to Congress, the President shall submit a report to the 
     Committee on Appropriations of the 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 2008, 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.
       Sec. 425.  Notwithstanding any other provision of law, none 
     of the funds made available in this or any other Act may be 
     used to implement any rule that requires mandatory reporting 
     of greenhouse gas emissions from manure management systems.
       Sec. 426. (a) None of the funds made available in this or 
     any prior Act may be used to release an individual who is 
     detained, as of April 30, 2009, at Naval Station, Guantanamo 
     Bay, Cuba, 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 
     prior Act may be used to transfer an individual who is 
     detained, as of April 30, 2009, at Naval Station, Guantanamo 
     Bay, Cuba, 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 
     detaining or prosecuting such individual, until 2 months 
     after the plan described in subsection (c) is received.
       (c) The President shall submit to the Congress, in writing, 
     a comprehensive plan regarding the proposed disposition of 
     each individual who is detained, as of April 30, 2009, at 
     Naval Station, Guantanamo Bay, Cuba,

[[Page H7427]]

     who is not covered under subsection (d). Such plan shall 
     include, at a minimum, each of the following for each such 
     individual:
       (1) The findings of an analysis regarding any risk to the 
     national security of the United States that is posed by the 
     transfer of the individual.
       (2) The costs associated with not transferring the 
     individual in question.
       (3) The legal rationale and associated court demands for 
     transfer.
       (4) A certification by the President that any risk 
     described in paragraph (1) has been mitigated, together with 
     a full description of the plan for such mitigation.
       (5) A certification by the President that the President has 
     submitted to the Governor and legislature of the State or 
     territory (or, in the case of the District of Columbia, to 
     the Mayor of the District of Columbia) to which the President 
     intends to transfer the individual a certification in writing 
     at least 30 days prior to such transfer (together with 
     supporting documentation and justification) that the 
     individual does not pose a security risk to the United 
     States.
       (d) None of the funds made available in this or any prior 
     Act may be used to transfer or release an individual detained 
     at Naval Station, Guantanamo Bay, Cuba, as of April 30, 2009, 
     to a freely associated State, unless the President submits to 
     the Congress, in writing, at least 30 days prior to such 
     transfer or release, the following information:
       (1) The name of any individual to be transferred or 
     released and 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 or 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 freely associated 
     State for the acceptance of such individual, including the 
     amount of any financial assistance related to such agreement.
       (e) 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.

  The Acting CHAIR. The Clerk will read.
  The Clerk read as follows:

       Sec. 427.  Notwithstanding any other provision of law, none 
     of the funds made available in this 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 for 
     carbon dioxide, nitrous oxide, water vapor, or methane 
     emissions resulting from biological processes associated with 
     livestock production.

                              {time}  2230


              Part B Amendment No. 3 Offered by Mr. Heller

  Mr. HELLER. Madam Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part B amendment No. 3 offered by Mr. Heller:
       Page 119, after line 22, insert the following:
       Sec. ___.  None of the funds made available by this Act may 
     be used to build a Carson Interagency Fire Facility on the 
     approximately 15 acres of Federal land managed by the Bureau 
     of Land Management and located east of the corner of South 
     Edmonds Drive and Koontz Lane in Carson City, Nevada.

  The Acting CHAIR. Pursuant to House Resolution 578, the gentleman 
from Nevada (Mr. Heller) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Nevada.
  Mr. HELLER. Madam Chairwoman, I thank the chairman and ranking member 
for the opportunity to present this amendment on the floor today.
  My amendment prohibits the site-specific construction of a Bureau of 
Land Management facility in a residential neighborhood in Carson City, 
Nevada. It is also of note that this amendment solely impacts my 
district. In Nevada, approximately 85 percent of the land is controlled 
by the Federal Government; 67 percent of this land base is controlled 
by the Bureau of Land Management. In other words, they own about 48 
million acres of property within the State of Nevada.
  The Bureau of Land Management is currently in the comment phase for a 
proposed interagency fire center on approximately 15 acres of Federal 
land in Carson City, Nevada, near a large neighborhood.
  While I, along with my constituents, support the construction of the 
interagency fire center and believe the facility will help with 
combating catastrophic wildfires, BLM's proposed location for this 
particular facility is problematic. The proposed location is in a 
community of nearly 300 homes. Local residents are opposed to the 
location, and the Carson City Board of Supervisors, our county 
commission, recently passed a resolution voicing its opposition to the 
proposed location of the fire center. The BLM has under consideration 
multiple sites for this particular facility, all of which are better 
suited than the chosen location.
  Madam Chairwoman, my amendment prohibits the funds for the 
construction of this facility at this specific 15-acre location in 
Carson City and allows for the facility to be built at any of the 
alternative sites in the area.
  I want to express my support again for an additional interagency fire 
center in Nevada; it just doesn't make sense to build this facility in 
a residential neighborhood.
  I urge my colleagues to support the will of the people, the will of 
the local governments, and please support this amendment.
  Again, the Bureau of Land Management, the Federal Government owns 84 
million acres, and they choose to put this facility next to a 
neighborhood. There are a lot of other alternative sites that I support 
and would support moving forward, just not this particular area.
  I reserve the balance of my time.
  Mr. DICKS. Madam Chair, I rise to claim the time in opposition.
  The Acting CHAIR. The gentleman from Washington is recognized for 5 
minutes.
  Mr. DICKS. I understand that citizens and the Carson City Board of 
Supervisors are concerned about the Interior Department plan to build 
an urgently needed new wildfire facility, but it is clearly premature 
to cut off funding for this proposal. The environmental analysis is 
still out for public review. We should not halt this important project 
before the analysis and the public input can be analyzed and 
considered.
  Carson City is a fire-prone area. It is really important for the 
Federal agencies to move ahead with an interagency center so they can 
be more efficient and effective firefighters. This new joint facility 
will support the Silver Hotshot Group, a key part of the firefighting 
force.
  The Interior Department has already spent funds for the planning and 
design of this particular project, so we should not stop or unduly 
delay its implementation. Both the Interior Department and the Forest 
Service have budgeted some of their limited infrastructure funding for 
this badly needed project.
  I understand the gentleman from Nevada has concerns. I pledge to work 
with him as this bill moves forward to be sure that his constituents' 
concerns are heard and fully considered. We all want to improve the 
firefighting capacity and protect neighborhoods and wildlands.
  This amendment was not brought to our attention, the committee's 
attention, until very late in the process. Had we known, we could have 
taken an opportunity to talk to the Department, to hear the gentleman's 
views. He did not come to the committee and testify. There was an 
opportunity for Members to testify. He chose not to do that.
  So I think that this is an amendment that comes late, is not favored 
by the administration, is actually going to weaken our firefighting 
capability and this is something that is serious because people's lives 
are at stake. So I urge a ``no'' vote on this misguided amendment.
  I reserve the balance of my time.
  Mr. HELLER. Madam Chairwoman, I yield 1 minute to the gentleman from 
Idaho (Mr. Simpson).
  Mr. SIMPSON. I thank the gentleman for yielding.
  First of all, this doesn't cut off funding for the fire center. What 
it does is cut off funding for the fire center in that location. It 
doesn't matter whether the environmental review is done or not if that 
location is not acceptable to the local residents.
  One of the things in dealing with Federal agencies that own a 
majority of the land surrounding you is that sometimes they are good 
neighbors, and sometimes they aren't. But local people ought to have 
some say in these Federal agencies' decisions of where they are going 
to locate facilities and so forth.
  So just saying this area, this location that you are looking at is 
inappropriate, as the Board of County Commissioners apparently has 
said, seems to me to be entirely appropriate, and Congress ought to 
look at their wishes.

[[Page H7428]]

And I guarantee you in Nevada there are a lot of places that they could 
build this fire center that apparently wouldn't cause the controversy 
that is being caused in this local community. And when the 
Representative from that area comes to me and says this is a problem, 
then I have to believe the people who sent him here. I support the 
amendment.
  Mr. DICKS. I urge a ``no'' vote on this amendment, and I yield back 
the balance of my time.
  Mr. HELLER. Madam Chairwoman, just to reiterate what was said, and I 
want to thank the gentleman from Idaho who has a real good 
understanding of what it means to have public lands and have the 
Federal Government own a tremendous amount of property within your 
State, within the boundaries. Again, I think it was very clear. I think 
at times we think here in Washington we know what is better for the 
local communities. Again, I think it is important to understand that 
you can have a small community somewhere in the State of Nevada and 
have all Federal land surrounding it.
  I think there should be a voice in this process and the voice should 
come from the people; it should come from the local government and not 
be pushed down to them through Washington.
  I think this is a great amendment. I would continue to urge my 
colleagues to please support this particular amendment. It is very 
ripe. It just happened recently. I don't believe this could have been 
brought before the committee because it just happened within the last 
couple of days with the vote by the board of supervisors.
  I thank the chairman and the ranking member for the time and effort 
to be able to bring this particular amendment to the floor. I urge my 
colleagues' positive support.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Nevada (Mr. Heller).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. HELLER. Madam Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Nevada will 
be postponed.


          Part B Amendment No. 4 Offered by Mr. Jordan of Ohio

  Mr. JORDAN of Ohio. I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part B amendment No. 4 offered by Mr. Jordan of Ohio:
       At the end of the bill (before the short title), insert the 
     following:
       Sec. ___.  Appropriations made in this Act are hereby 
     reduced in the amount of $5,750,000,000.

  The Acting CHAIR. Pursuant to House Resolution 578, the gentleman 
from Ohio (Mr. Jordan) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Ohio.
  Mr. JORDAN of Ohio. Madam Chair, let me first thank the ranking 
member from Idaho for his work on this legislation and the chairman. In 
fact, the chairman and I spoke earlier this evening about this 
amendment. We joked around. I told him he might be for it, but I doubt 
he would be, actually.
  Earlier this week, in fact, Tuesday, Wednesday and Thursday of this 
week, the Treasury auctioned off $104 billion of Treasury bills; $104 
billion of debt we sold this week, the largest amount ever sold by this 
country. The reason we had to sell that much debt is because we are 
spending too much money. In fact, we are spending so much that over the 
next decade, think about this, over the next decade, we are going to 
take the national debt, which is now $11 trillion, we are going to take 
it to $23 trillion.
  Think about what it takes to pay that off. Think about what our kids 
and grandkids are going to have to do to pay that off. First, you have 
to balance a budget; then you have to run a trillion-dollar surplus for 
23 years in a row, and that doesn't even count the interest which is 
now approaching a billion dollars a day. Spending is certainly out of 
control.
  So this amendment is real simple. This amendment says, you know what, 
let's do what all kinds of families are doing, what all kinds of 
taxpayers across this country are doing, what all kinds of small 
business owners across this country are doing: let's live on exactly 
what we were functioning on, what the Federal Government was 
functioning on just 1 year ago. In fact, it wasn't even 1 year ago. It 
was 9 months ago we were still going on a continuing resolution for 
2008, living on the 2008 appropriated levels. Let's do that.
  Instead of increasing spending in this bill by 21 percent over what 
we were functioning on just 9 months ago, let's do what all kinds of 
families and taxpayers, all kinds of small business owners across this 
country are doing. In fact, unemployment in my district runs anywhere 
from 10 to 16 percent in the 11 counties I have the privilege of 
representing. There are families, there are small business owners, 
there are taxpayers in the Fourth Congressional District of Ohio who 
are living on something less than what they were living on just 9 
months ago. But somehow the Federal Government can never get by on 
less. It is only the families and taxpayers who have to do that.
  Again, my amendment is pretty straightforward. It says, let's go back 
to where we were just 9 months ago. The government should be able to 
function on that amount of money, and it reduces the appropriation 
amount in this bill by $5.750 billion. Again, that amount is a 21 
percent increase over what we were functioning on just 9 months ago.
  I reserve the balance of my time.
  Mr. DICKS. Madam Chairman, I rise to claim the time in opposition.
  The Acting CHAIR. The gentleman from Washington is recognized for 5 
minutes.
  Mr. DICKS. This amendment would harm this bill dramatically and would 
shortchange America's vitally needed environmental conservation and 
Native American programs.
  As our former colleague, Silvio Conte, would say: This is a mindless, 
meat ax approach. It makes no choices based on need or the merits of 
the programs. This reduction is the equivalent of a 17.8 percent cut. 
This is completely irresponsible. This is not just an accounting change 
on a spreadsheet. Cutting $5.75 billion from the bill would have 
serious consequences on health, jobs, energy programs, young people and 
wild places.
  The Environmental Protection Agency would be reduced by $1.8 billion. 
This would seriously impair environmental protection, science programs, 
and hazardous area remediation. Funding for efforts to help local 
communities with repairs to their aging water and wastewater 
infrastructure would be reduced by $700 million. This would mean that 
approximately 400 communities would not receive the financial 
assistance they need to repair and improve water and sewer 
infrastructure.
  Despite the fact that 76 million Americans live within 4 miles of a 
toxic waste site, the amendment cuts $233 million from programs to 
clean up the Nation's most toxic and hazardous waste sites. It reduces 
the landmark effort to clean up the Great Lakes by $85 million, thus 
jeopardizing the cleanup of toxic sediments in the lakes and harming 
the aquatic plants and animals which humans depend upon.
  Our national parks would be cut by $485 million. It includes a $403 
million reduction below the President's request for the basic 
operational costs of the 395 units of the national park system. As an 
example, Yosemite would lose $3.6 million; Yellowstone, $4.6 million; 
the Independence Mall in Philadelphia, $2.8 million. This reduction is 
the equivalent of closing 75 national park units. Many visitors would 
find closed national parks when they go on vacation or on educational 
trips, reducing the entire tourism industry and harming the economy of 
many cities and communities.
  It rejects $1.2 billion for programs that have received bipartisan 
support by cutting $721 million out of Indian health care programs. 
This proposal would deny critically needed services to thousands of 
Native Americans. More than 2 million Native Americans would be denied 
inpatient and outpatient health care services and more than 4,000 
cancer screenings would be eliminated.

[[Page H7429]]

  It takes $90 million out of the already struggling Indian education 
programs, leaving even more Indian children without adequate education 
programs.
  It reduces overall funding for firefighting by $652 million at a time 
when we are facing another dangerous wildfire season. Many small fires 
would escape initial attack, leading to many more large wildfires that 
harm watersheds and cost far more money in emergency firefighting and 
recovery costs.
  It cuts 1,700 firefighters, shuts down more than 50 firefighter 
stations, and significantly reduces air tanker support. It decimates 
preparedness efforts by failing to provide critical support for initial 
attacks, and could allow as many as 600 more wildfires to escalate.

                              {time}  2245

  This would lead to larger, more damaging and much more expensive 
fires, the kind that costs in excess of $100 million to extinguish.
  So I think this is a very bad amendment. It hurts the Fish and 
Wildlife Service. It hurts the Forest Service.
  So I urge a ``no'' vote on this amendment and reserve the balance of 
my time.
  Mr. JORDAN of Ohio. Madam Chair, there they go again. I think the 
chairman's words were ``irresponsible meat-ax approach.'' This is not a 
cut. This is not a cut. This is saying let's hold the line. This is 
taking the first step--what I would say is a pretty modest first step--
towards trying to rein in spending so we don't saddle future 
generations of Americans with this enormous step.
  If you don't take this first step and say, let's hold the line, let's 
freeze where we're at, you never have to prioritize, it's just the band 
plays on. We'll just keep increasing. We'll just keep spending. We're 
saying, well, we never have to decide which programs make sense, which 
ones should be eliminated, which ones are redundant. You never have to 
make the tough calls. You just keep spending, which is, frankly, the 
easiest thing in the world for politicians to do, spend and spend and 
spend, borrow and borrow and borrow, tax and tax and tax. Well, that's 
pretty easy for this place to do. The tough thing is usually the right 
thing.
  I had a coach in high school. He talked about discipline every 
stinking day. I used to get sick and tired of hearing about it. And he 
said that discipline is doing what you don't want to do when you don't 
want to do it. Basically that meant doing it his way when you would 
rather do it your way. It meant doing it the right way, the tough way, 
the difficult way when you would rather do it the easy and convenient 
way. The easy and convenient way is to continue to spend and spend and 
spend. The tough thing to do is to say let's hold the line and then 
let's figure out which programs actually make sense, and I trust the 
gentlemen here on the committee to do that.
  But if you never hold the line, you never get to the first step. This 
is a modest first step. We still know we've got trillions of dollars in 
debt we've got to deal with. We can't even take the first step. That's 
what is so frustrating--and, frankly, in my mind, so ridiculous--about 
this place is we can never even just say let's just stop. Let's do what 
Americans all over this country are having to do. We can never do that. 
And the Democrats just read off a bunch of lists, oh, this, this and 
this--that's baloney. We just want to hold the line, and everyone 
across this country understands that.
  Let's hold the line. Let's pass this amendment and take that first 
step towards becoming fiscally responsible and exercising a little 
discipline in this Congress for a change.
  Madam Chairman, I yield back the balance of my time.
  Mr. DICKS. Again I want to say that our committee held countless 
oversight hearings. We made cuts, $300 million in cuts.
  I would also say that this part of the budget, under the previous 
administration was reduced, Interior Department, by 16 percent, the EPA 
by 29 percent, the Forest Service by 35 percent. So this will help 
bring back these important programs. I mean, we are talking about 
health care in the Indian Health Service.
  Mr. Obey made a decision. President Obama made a decision. It went 
through OMB. Many of the people on the other side of the aisle have no 
trust in the Congress, but this budget came from the administration. 
The administration looked at all these programs, And every earmark we 
had in this bill was vetted by the administration. So this has been 
carefully put together.
  I spent 33 years on this committee, and I'll tell you this, we know 
what we're doing. We support the Park Service, the Fish and Wildlife 
Service. These are great institutions that deserve our support, and to 
have somebody come in here and accuse us of not doing our work is an 
insult to me and to Mr. Simpson because we have done our work. We know 
what's in this bill, and it's a good bill.
  I urge a ``no'' vote on this amendment and yield back my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Ohio (Mr. Jordan).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. JORDAN of Ohio. Madam Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Ohio will be 
postponed.


             part b amendment no. 6 offered by mr. stearns

  Mr. STEARNS. Madam Chair, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part B amendment No. 6 offered by Mr. Stearns:
       At the end of the bill (before the short title), insert the 
     following:
       Sec. __.  Each amount appropriated or otherwise made 
     available by this Act for the Environmental Protection Agency 
     that is not required to be appropriated or otherwise made 
     available by a provision of law is hereby reduced by 38 
     percent.

  The Acting CHAIR. Pursuant to House Resolution 578, the gentleman 
from Florida (Mr. Stearns) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Florida.
  Mr. STEARNS. Madam Chairman, I am not going to take all my time. I 
think my amendment is going to have a very difficult time passing.
  I have heard the gentleman's arguments on many occasions. He and I 
have gone toe to toe on 1 percent cuts, 2 percent cuts, the National 
Endowment for the Arts. We have been through this.
  I would just say simply that my amendment freezes the total amount of 
spending in the bill for the Environmental Protection Agency at the 
current level. Now, I know you are going to scream and holler on that, 
but with the economy contracting and unemployment rising, it would 
simply be irresponsible to increase the EPA by almost 40 percent, and 
that's what you're doing here. You are increasing the EPA by 40 percent 
during a fiscal crisis. In fact, when combined with funding approved 
earlier this year in the fiscal year 2009 omnibus budget bill and the 
stimulus bill, the EPA will receive more than $25 billion in a single 
calendar year, which is equal to more than three-fourths of the entire 
Interior Appropriations budget. So that is my say for tonight.
  Madam Chair, my amendment is very straightforward. It would freeze 
the total amount of spending in this bill for the Environmental 
Protection Agency at the current level. With the economy contracting 
and unemployment rising, it would simply be irresponsible to increase 
spending for the EPA by 38 percent during this fiscal crisis. In fact, 
when combined with funding approved earlier this year in the fiscal 
year 2009 Omnibus and the ``stimulus'' bill, the EPA will receive more 
than $25 billion in a single calendar year, which is equal to more than 
three-fourths of the entire Interior Appropriations bill.
  Americans are seeing their family budgets get smaller and smaller, 
while Congress continues to spend and spend. I don't think it is too 
much to expect Congress to make the same scarifies that millions of 
Americans are making everyday.
  Providing a 17 percent overall increase in total funding in this 
bill--and an astonishing 38 percent increase for the EPA--when our 
country is experiencing the worst economic crisis in decades is the 
height of irresponsibility. We must hold the line on spending and make 
sound budget choices that are sustainable and that do not rely on 
continued deficits and borrowing.

[[Page H7430]]

  Families across my congressional district and all across the country 
are having to tighten their belts during this tough economic time. I 
don't think it is too much to expect Congress to do the same. We need 
to set the example.
  This Congress and President Obama continue to ignore the fact that 
their reckless spending will bury our children and grandchildren under 
a mountain of debt. Since 1970, federal spending has increased 221 
percent, nearly nine times faster than median income. In 2008, publicly 
held debt, as a percentage of the GDP was 40.8 percent, nearly five 
points below the historical average. Under President Obama's budget, 
this figure would more than double to 82.4 percent by 2019.
  My colleague from Washington, Chairman Dicks, stated during the 
markup of the FY2010 Interior, Environment and Related Agencies 
Appropriations Bill that, ``this Bill demonstrates a clear break from 
the past.'' He is most certainly correct. This bill demonstrates a 
clear break from sound fiscal policy and instead ushers in a new era of 
reckless out of control spending that will saddle families with 
oppressive levels of debt for generations to come.
  There is plenty of blame to go around for the out of control 
spending. At some point, we have to stand up and say stop. We still 
have much work to do but we can start with this amendment.
  Passing this amendment will send a strong message to the American 
people that Congress is serious about reigning in this out of control 
government spending. As families across America continue to tighten 
their belt, Congress needs to do the same.
  I urge my colleagues to support this amendment.
  Madam Chairman, I reserve the balance of my time.
  Mr. DICKS. Madam Chair, I rise to seek the time in opposition.
  The Acting CHAIR. The gentleman from Washington is recognized for 5 
minutes.
  Mr. DICKS. I urge Members to oppose this amendment. The gentleman 
from Florida would not have believed it if I had accepted his 
amendment, and of course I can't accept it because this amendment is 
not a good amendment.
  The gentleman says that this amendment would reduce the EPA to the 
fiscal year 2009 funding level, but let's talk about what it will 
really do.
  A reduction of 38 percent to the funds provided in this bill for EPA 
would equal a $3.975 billion cut. That would eliminate all the funding 
for the Clean Water and Drinking Water State Revolving Funds, and 
27,000 fewer construction jobs would be created through construction of 
water and wastewater infrastructure. That means almost 1,500 
communities across this country would not receive assistance to repair 
and build drinking water and wastewater infrastructure.
  It was the previous administration that reported a $662 billion gap 
between what our communities will need to spend and the funds they have 
to do it with. This reduction would mean that the great water bodies of 
this country will not receive the funding to help restore and protect 
these special natural resources.
  The great water bodies are not just the Great Lakes, the Chesapeake 
Bay, and the Gulf of Mexico. If you represent a district that borders 
any of these water bodies, this amendment will cut the funding your 
community depends on to help protect them: Mobile Bay, Alabama; San 
Francisco Bay; Morro Bay, California; Santa Monica Bay; Long Island 
Sound; Delaware Estuary; Tampa Bay; Sarasota Bay; Charlotte Harbor, 
Florida; Indian River Lagoon, Florida; Barataria Terrebonne, Louisiana; 
Casco Bay, Maine; Maryland coastal bays; Massachusetts Bay; 
Narragansett Bay; New Hampshire estuaries; New York/ New Jersey Harbor; 
Barnegat Bay, New Jersey; Peconic Estuary; Albemarle Pamlico Sound; 
Lower Columbia River; Tillamook Bay, Oregon; San Juan Bay, Puerto Rico; 
Coastal Bend Bays, Texas; and Galveston Bay, Texas.
  I would warn Members that 151 Members of this body whose districts 
border one of these estuaries that I mentioned will see that their 
funding will be cut for these important programs.
  A reduction of this size would mean the EPA would stop construction 
and demobilize 8 to 10 large, high-cost ongoing Superfund projects such 
as the Welsbach site in New Jersey, the Tar Creek site in Oklahoma, and 
the New Bedford site in Massachusetts. EPA would not be able to start 
any new Superfund sites in 2010 after years of reduction under the 
previous administration.
  EPA estimates that a reduction of this size would prohibit them from 
completing construction at as many as nine Superfund sites in 2010 and 
2011. This reduction would mean EPA would not properly certify new 
vehicles, fuels, and engines sold in the United States to make sure 
they conform to EPA's emission standards. And 217 tribes would lose 
funding for their environmental programs. A 38 percent reduction to the 
EPA would impact every program they administer. But most importantly, 
this reduction would affect every American who wants to drink clean 
water and breathe clean air.
  Let me remind the Members, we all have an environment in our 
districts, so I urge a strong ``no'' vote on the Stearns amendment.
  Madam Chairman, I reserve the balance of my time.
  Mr. STEARNS. Madam Chairman, I would say to the gentleman, did he 
know that they found a water bay on Saturn, the planet Saturn? And 
using your line of reasoning, we should also consider funding for this 
new water bay on Saturn.
  This is not a reduction. This is not a cut. This is simply a freeze. 
And I would ask the gentleman: How many people in your congressional 
district are getting a 38 percent increase this year in their salary? 
And how can you justify a 38 percent increase on EPA?
  With that, Madam Chairman, I yield back the balance of my time.
  Mr. DICKS. I will answer the gentleman's question. I want you to 
know, again, I have to say this again, and it pains me every time I say 
it, but over the last 8 years, the Interior Department was cut by 16 
percent; EPA was cut by 29 percent. So this is a little bit of help to 
get back to an approach that can deal effectively with some of the most 
important and sensitive programs we have in this country: the Superfund 
sites, our wastewater treatment, our clean water.
  When you ask the American people, do you want clean water, do you 
want safe drinking water, it's a 99 percent issue. So to stand up here 
and say we're going to have draconian cuts of the money for the 
revolving funds that are going to provide that clean water, it is 
unthinkable. And I know the gentleman wants me to stop. It must be 
painful. The truth is always painful.
  Madam Chairman, I ask for a ``no'' vote and yield back the balance of 
my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Florida (Mr. Stearns).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. STEARNS. Madam Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Florida will 
be postponed.


             Part C Amendment No. 1 Offered by Mr. Campbell

  Mr. CAMPBELL. Madam Chair, I rise as the designee of the gentleman 
from Arizona (Mr. Flake) with amendment No. 22.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part C Amendment No. 1 offered by Mr. Campbell:
       At the end of the bill (before the short title), insert the 
     following:
       Sec. __.  None of the funds provided in this Act under the 
     heading ``National Park Service--Construction'' shall be 
     available for the Restore Good Fellow Lodge project at 
     Indiana Dunes National Lakeshore in Porter, Indiana, and the 
     amount otherwise provided under such heading is hereby 
     reduced by $1,000,000.

  The Acting CHAIR. Pursuant to House Resolution 578, the gentleman 
from California (Mr. Campbell) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from California.
  Mr. CAMPBELL. Madam Chairman, this amendment would strike $2 million 
that is currently in the bill in funding to install a municipal water 
line to the Good Fellow Lodge at the Indiana Dunes National Lakeshore 
in Porter, Indiana. The Good Fellow Youth Camp was operated by U.S. 
Steel from 1941 to 1976, the only one of its kind ever operated by U.S. 
Steel, and the facility offered summer camp opportunities for children 
of U.S. Steel employees who worked in the nearby Gary Works Steel 
plant.

[[Page H7431]]

  The National Park Service purchased this camp in 1976 for inclusion 
within the National Lakeshore, and given this historic background and 
involvement with the community, I can understand why the gentleman from 
Indiana has a desire to preserve the Good Fellow Lodge. In fact, Madam 
Chair, in the world of earmarks out there, this is not one that's being 
given to a private company without bidding. This is one that actually 
does have a Federal nexus because it's a national park. That is not 
what is at issue here.
  According to the Government Accountability Office, in 2008, the 
Department of the Interior had a backlog of deferred maintenance 
projects totaling between $13.2 and $19.4 billion. In other words, 
somewhere from $13 to $19 billion is how much money the Government 
Accountability Office believes the Department of the Interior needs to 
bring all of the various park projects up to snuff.
  And we hear about crumbling infrastructure, and Federal funds are not 
immune from that. To put that amount in perspective, the $13 to $19 
billion, the entire budget of the Department of the Interior in this 
bill is $11 million, so it's more than an entire year's budget of the 
Department of Interior.

                              {time}  2300

  So, the question before us, Madam Chair, is: With all these needs, 
billions of dollars of need in parks all around the country, is this 
the right way to allocate $2 million, that we take $2 million from the 
Park Service's budget, which clearly they believe is inadequate to take 
care of the needs of parks and allocate it on the basis of a Member's 
request? Or would it be better to be allocating these funds on the 
basis of need or on the basis of use or on the basis of someone looking 
at all of the potential park projects and needs around the country and 
determining which ones meet a threshold requirement rather than do this 
by a Member request, because every Member could have parks they could 
request for their districts.
  I will reserve the balance of my time.
  Mr. VISCLOSKY. Madam Chair, I seek recognition in opposition.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. VISCLOSKY. Before I proceed, just for clarification, if I could 
ask the gentleman from California a question. Did you indicate that 
that was an amount of $1 million or $2 million?
  Mr. CAMPBELL. Mine said $2 million. Is that in error?
  Mr. VISCLOSKY. I would suggest to the gentleman that it is $1 million 
and that his statement was not correct.
  Mr. CAMPBELL. I will accept the gentleman's correction. He would know 
better than I.
  Mr. VISCLOSKY. Madam Chair, the gentleman talked about the 
preservation of the Good Fellow Lodge that, as he rightfully indicated, 
became possessed by the National Park Service in 1977, 32 years ago. He 
also indicated, correctly, the deferred maintenance budget under the 
General Accountability Office.
  But I would point out that the $1 million designated in this bill--
and I appreciate the consideration of the Chair and the ranking member 
for including it--goes much beyond the issue of preservation. The fact 
is that it has a lot to do with education.
  The installation of the water line and the subsequent restoration of 
the lodge would allow the Dunes Learning Center at which this lodge is 
located to expand their current educational program. The learning 
center provides valuable hands-on experience and inspires environment 
and environmental stewardship among the citizens of northwest Indiana.
  Since its inception in 1998, over 48,000 students have participated 
in the program, including a record 5,578 last year. For these thousands 
of learners, the Environmental Education Center, which the Good Fellow 
Lodge is intended to be part of, is increasing each visitor's enjoyment 
and understanding of the parks and to allow visitors to care about the 
parks on their own terms.
  This is not just about preservation. It is also about reducing future 
costs for the National Park Service. The fact is that the project would 
reduce National Park Service maintenance and operation costs. Internal 
filtering and chlorination systems for the wells that are currently on 
site must be maintained at each site with daily and weekly sampling and 
expensive laboratory testing to satisfy State health standards.
  Currently, the park operates and maintains all pumps and water lines. 
And this project would allow the park staff to focus on other high-
priority assets in the park.
  And I would also point out that it has something to do with the issue 
of safety. A municipal water supply line will increase supply in water 
pressure that will improve fire suppression for the student cabins that 
are at site and ensure quality of potable water consumed by the 
children.
  So I do think this is very deserving and goes beyond the issue of 
preservation.
  Mr. DICKS. Would the gentleman yield?
  Mr. VISCLOSKY. I would be happy to yield.
  Mr. DICKS. I want the gentleman to know that this amendment, you put 
it on your Web site. We looked at it very carefully. And we feel that 
this is a totally justified amendment. We strongly support it.
  We checked with the Park Service, and the Park Service strongly 
supports it.
  Mr. VISCLOSKY. I appreciate the gentleman's remarks.
  I reserve the balance of my time.
  Mr. CAMPBELL. Madam Chair, I appreciate the gentleman's points and I 
appreciate the gentleman's passion for the project. But as I mentioned 
before, that is not the point.
  The point, I believe, is that there are 434 others of us who have 
parks that we may believe are greater in need than this or are just in 
as much need as this. Is this the way that we should allocate scarce 
resources around the various national parks that we have in the 
country? I think it's not.
  With that, I yield back the balance of my time.
  Mr. VISCLOSKY. I would simply close by making the observation that 
the gentleman talks about other parks, but we are a society. Taxpayers 
in northwest Indiana pay for projects that potentially reduce flooding 
in a city like Dallas, Texas. The taxpayers in the State of Illinois 
may pay taxes to make an investment at Oak Ridge in the State of 
Tennessee that, at first blush, may have nothing to do with their 
interests but enure to the benefits of everyone in the United States. 
The fact is that this is a national park. It enures to the benefit of 
every citizen of the United States. And I ask for my colleagues to 
oppose the amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from California (Mr. Campbell).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. CAMPBELL. Madam Chair, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from California 
will be postponed.


             Part D Amendment No. 3 Offered by Mr. Campbell

  Mr. CAMPBELL. I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part D amendment No. 3 offered by Mr. Campbell:
       At the end of the bill (before the short title), insert the 
     following:
       Sec. __.  None of the funds provided in this Act under the 
     heading ``National Park Service--Historic Preservation Fund'' 
     shall be available for the Village Park Historic Preservation 
     project of the Traditional Arts in Upstate New York, Canton, 
     New York, and the first, second, and fourth dollar amounts 
     under such heading are each hereby reduced by $150,000.

  The CHAIR. Pursuant to House Resolution 578, the gentleman from 
California (Mr. Campbell) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from California.
  Mr. CAMPBELL. Madam Chair, this amendment strikes $150,000--I hope I 
have the amount correct this time--allocated to the Traditional Arts in 
upstate New York in Canton, and reduces the overall funding in the bill 
by that amount.

[[Page H7432]]

  Madam Chair, I'm not sure if this earmark is going for the Village 
Park Historic Preservation, which is what is indicated on the list of 
earmarks released by the House Appropriations Committee and posted on 
their Web site, or to the Traditional Arts in upstate New York, 
Evergreen Folk Life Center, as listed, I believe, on the gentleman from 
New York, on his Web site, or maybe those are the same thing with a 
different name. I'm not quite sure.
  But regardless, when I Googled Village Park Historic Preservation and 
New York, the only thing that came up was the House Appropriations 
Committee earmark list. And when I Google Evergreen Folk Life Center in 
New York, the only thing that comes up is the gentleman from New York's 
earmark request on his Web site.
  I understand that the gentleman--and I'm sure he will say this with 
greater passion--sees that this benefits upstate New York and indicated 
this is a destination location and so forth and that there is a high 
unemployment rate in the district. But, of course, there is a high 
unemployment rate in many places around the country.
  Again, somewhat like the previous amendment and the previous earmark, 
I don't doubt at all that this is an important project to the gentleman 
from New York. I don't doubt at all that this is an important project 
perhaps to the citizens of that area of New York. But I do question if 
this is such a vital economic driver for the community that I haven't 
been able to find how or where it does that.
  I guess this earmark, whether it was this one or any other--could 
have picked many of them--the question basically is this, that we're 
going to have a $2 trillion deficit this year. Forty-six cents of every 
single dollar spent will be borrowed. Forty-six cents of this $150,000 
this year will be borrowed.
  Is this a national priority? Is this something that, in these times, 
with the deficits and debt that we have, is this the sort of thing that 
rises to the level of a national priority such that we should borrow 
forty-six cents on the dollar, increase the deficit further, increase 
the debt further, and put ourselves in these kinds of problems?
  As I mentioned, Madam Chair, it's not that this particular project 
stands out over others. It could be this one or many others that exist 
in this bill or in many of the other appropriations bills that we will 
look at this year. And I think, Madam Chair, that the people of this 
country would be better served if we saved this money, didn't spend it, 
didn't borrow it, and tried to have a little better rein on some of 
their money.
  With that, Madam Chair, I reserve the balance of my time.
  Mr. DICKS. Madam Chair, I claim the time in opposition.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. DICKS. First of all, I want to say we strongly oppose this 
amendment. We have checked on this project. We think this is a great 
project. We think it's worthy. We think it provides a lot of public 
good. And I'd be glad to yield to my friend from New York (Mr. McHugh) 
to further discuss this project.
  Mr. McHUGH. I want to thank the distinguished chairman of the 
subcommittee and also my dear friend, the distinguished ranking member 
of the subcommittee and indeed the Appropriations Committee in general, 
for recognizing the value and the importance of this funding.
  As I have said to the gentleman from California's friend and 
colleague, my colleague from Arizona, Mr. Flake, in past years when he 
has brought amendments to the floor striking out at some of the 
programs that I have been proud to advance, I always appreciate the 
opportunity, Madam Chair, to rise and to talk a bit about the district 
I have the honor of representing and the special people who live there.
  I agree we have an economic challenge in this country. I'm not sure 
$150,000, as much as I wish that all of us in America had that amount 
in our hip pocket, will save that.
  But taking with seriousness the gentleman from California's proposal, 
I would just make the following comments. Most people view New York 
State through one lens--and that lens is New York City. When they think 
of New York, they think of Broadway, they think of the Statute of 
Liberty. They think about all the great things that is indeed New York 
City and is, in many real ways, New York. New York is all of that, but 
it's much more as well.
  In my part of the world, in my part of New York State, it's the St. 
Lawrence River; it's the Adirondack Mountains; the Adirondack Park--the 
largest publicly held park in the lower 48 States. It's Thousand 
Islands. It's beauty. It's natural wonder. And it's great people. It's 
not a metropolis. It's small towns, it's villages, and its hamlets with 
very industrious, very proud, and very kind people. But for all of our 
natural beauty, for all that causes us to be proud in calling this 
great part of the world home, it's a region that has long been 
confronted by economic challenges--closed factories, abandoned mills, 
failing farms, declining populations.
  In our part of the world--and I can't speak for the coast of 
California where the gentleman represents--and I know he does that 
proudly--economic development is a little bit different, perhaps. It's 
something that we take very seriously, but it has to be configured 
around those things that the good Lord has given to us: the great 
universities--four of them within 10 miles of this facility; the 
tourism, which is our number one industry, along with agriculture, 
those failing farms I spoke about; the need to bring economic 
development by revitalizing downtown centers.
  I can't speak to the fact why the gentleman had trouble as he did in 
the first amendment identifying the right amount as to the proper group 
he was unable to identify, but the organization to which this money 
will go is a not-for-profit organization. They're configured in Canton, 
New York.
  They're attempting to do all of the things I listed: bring economic 
development through vitalizing tourism; giving people who come to that 
beautiful part of New York State something to see, something to do; an 
opportunity to learn about the very special culture, starting with the 
1600s in New York State on the Canadian border.
  That opportunity to revitalize that downtown center, to create the 
opportunities for new businesses to come in, and for that chance for 
those good and proud people to realize that glory and the opportunity 
and the growth that they had in the past.
  I don't think the gentleman from California has any animosity towards 
Canton, quite frankly. With no disrespect, I doubt he could find it. 
But the fact of the matter is I think we have a difference of 
philosophy. The gentleman doesn't believe that it's the opportunity and 
the right of Members of Congress to come here and to do within the 
rules and regulations, within the standards established by this House--
and if we want to expand them, I'm happy to do that--to provide a 
little bit of help--in this case, $150,000--to bring a difference where 
the unemployment rate is pushing over 10 percent.

                              {time}  2315

  This is a program that is not just an earmark. It's under the Save 
America's Treasures Act. The gentleman spoke very eloquently in the 
first amendment he brought about standards, about guidance, about 
benchmarks. There are nine benchmarks under the Save America's 
Treasures Act. Where it is in the timeline, this project meets every 
one of those standards. I would hope my colleagues would join me in 
understanding the importance of this.
  Mr. CAMPBELL. Madam Chair, again, I appreciate the gentleman's 
passion. I appreciate his commitment. I would say again--and if I am in 
error, correct me--but the description of the project on the 
Appropriations Web site is different than the sponsor's description of 
the project.
  I yield to the gentleman from New York.
  Mr. McHUGH. If that were the case, why didn't the gentleman come to 
me or go to the committee and ask what the differences were? We reached 
out to your staff today, and we had a response that had nothing to do 
with what the offer was we made.
  Mr. CAMPBELL. Reclaiming my time, as far as reaching out to staff, 
that's something the staff can talk about with each other. But you're 
right. Perhaps we should have asked that question. But there are 
discrepancies like that we should look at.
  But in any event, Madam Chair, whether it's this project or any 
other,

[[Page H7433]]

we need to start saving some money. We need to start saving some money. 
This is an unsustainable spending pattern, and I would ask for an 
``aye'' vote on this amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from California (Mr. Campbell).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. CAMPBELL. Madam Chair, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from California 
will be postponed.


             Part C Amendment No. 3 Offered by Mr. Campbell

  Mr. CAMPBELL. Madam Chair, I rise as the designee of the gentleman 
from Arizona (Mr. Flake) with amendment No. 24.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part C Amendment No. 3 offered by Mr. Campbell:
       At the end of the bill (before the short title), insert the 
     following:
       Sec. __.  None of the funds provided in this Act under the 
     heading ``National Park Service--Historic Preservation Fund'' 
     shall be available for the Tarrytown Music Hall Restoration 
     project of the Friends of the Mozartina Musical Arts 
     Conservatory, Tarrytown, New York, and the first, second, and 
     fourth dollar amounts under such heading are each hereby 
     reduced by $150,000.

  The Acting CHAIR. Pursuant to House Resolution 578, the gentleman 
from California (Mr. Campbell) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from California.
  Mr. CAMPBELL. Thank you, Madam Chair.
  This amendment would remove $150,000 in funding for the Tarrytown 
Music Hall restoration to be received by the friends--and I'm sure I'm 
going to butcher the pronunciation of this--but the Mozartina Musical 
Arts Conservatory in Tarrytown, New York, and would reduce the overall 
cost of the bill by a commensurate amount.
  The intended purpose of this earmark is, quote, To preserve a 
historic landmark which would provide recreational and tourism economic 
benefits. According to the Tarrytown Music Hall's Web site, it was 
built in 1885 by a chocolate manufacturer William Wallace. The music 
hall is the oldest operating theater in Westchester County, having been 
designed by the same architect who designed New York City's Grand 
Central Station and Macy's Building in Herald Square. Today the music 
hall is a fully operating theater with capacity to seat an 843-seat 
audience. It's a pretty good-sized place.
  Tarrytown Music Hall is known for its excellent acoustics. In fact, 
in 1997 jazz singer Tony Bennett performed there in celebrated fashion 
without a microphone. Mr. Chair, the question I guess is, should 
taxpayers fund the restoration of a music hall where acclaimed artists 
such as Bruce Springsteen, Lyle Lovett and James Taylor have performed? 
This theater was also the site for scenes in movies such as The 
Preacher's Wife, Mona Lisa's Smile, and The Good Shepherd. Is such a 
site not able to sustain itself with private donations? And if that is 
the case, that it cannot sustain itself with private donations, then I 
would suggest that, is there sufficient public interest to restore this 
hall so much if private money can't be raised that we should force 
taxpayers to pay for it? In fact, according to its Web site, in the 
past year the theater itself donated over $80,000 worth of rehearsal 
and performance space and recently purchased land costing $2 million 
for staff parking and a future expansion. This weekend you can attend a 
performance at the Tarrytown Music Hall for a minimum price of $58 a 
seat and a maximum price of $80 a seat.
  Madam Chair, the question on this one, again, is not that it's not a 
fine place, it's not that it's not a historic place. But if we have a 
theater like this that commands those kinds of ticket prices, commands 
those kinds of artists performing there, has all this sort of activity 
around it, it should be able to raise money on its own. And given the 
$2 trillion deficit we have, given the national debt will double in 5 
years and triple in 10, given the proposals on the majority side of the 
aisle that are being discussed to raise taxes all over the place, is 
this a place that we should be spending more of the taxpayers' money? 
Isn't this the sort of charitable function that people should raise 
money on their own? You know, there's a ton of this sort of project, 
this sort of application in my district and I'm sure in everyone else's 
districts.
  I--and I am sure many other people here--support these things with 
charitable contributions in various ways; and that's the way they 
should be supported, by the local community keeping them going. That's 
who will use them. That's who will appreciate them. But to ask the 
Federal taxpayers to come in and subsidize such a project, Madam Chair, 
I think is just not appropriate, particularly in these economic times.
  I would reserve the balance of my time.
  Mrs. LOWEY. Madam Chair, I claim the time in opposition.
  The Acting CHAIR. The gentlewoman from New York is recognized for 5 
minutes.
  Mrs. LOWEY. Madam Chair, I first want to thank the chairman of the 
subcommittee for his support, and I congratulate him on a strong bill 
that I am proud to support. And I do respect the views of my 
colleagues, Mr. Flake from Arizona and Mr. Campbell from California. I 
think they understand that this is not a partisan game that we're a 
part of, and they may have a principled stand for what they believe 
Congress' role is in directing Federal spending.
  However, on this issue, we fundamentally disagree. I do believe that 
it's our responsibility, as elected officials, to fight for what is 
best in our district in accordance with the rules guiding Federal 
programs. Recipients of Save America's Treasures funds, including the 
Tarrytown Musical Hall, do not expect the Federal Government to 
shoulder the full burden of their projects. They're required to provide 
a dollar-for-dollar match, and every dollar they receive from the 
government is matched.
  During these difficult economic times, it is our responsibility to 
assist industries that make substantial contributions to our economy to 
accelerate long-term recovery and growth nationally. Tarrytown Music 
Hall does generate more than $1 million in economic activity in my 
district. In fact, the arts industry throughout the United States 
generates more than $134 billion in economic activity annually and 
creates 4 million jobs across the country. In addition to their 
economic benefit, entities supported by Save America's Treasures 
preserves the historic places and items that tell America's story for 
the next generation. They educate the public about our rich heritage, 
foster a sense of pride in our country and communities; and Tarrytown 
Music Hall's cultural and educational programs serve more than 30,000 
children each year. This project is providing $150,000 to perform 
necessary structural stabilization, meets the eligibility requirements 
of the Save America's Treasures program as vetted by the Department of 
Interior and is consistent with earmark reforms instituted this year by 
Chairman Obey. And the projects account for less than 20 percent of the 
overall funding provided by the Appropriations Committee for Save 
America's Treasures.
  Mr. DICKS. Will the gentlewoman just yield for a moment?
  Mrs. LOWEY. I would be happy to yield.
  Mr. DICKS. I just want to say, our side strongly supports this 
amendment. It was properly vetted. This is one of those incredibly 
important things for a local community, and we want this project to be 
funded.
  Mrs. LOWEY. I thank the Chair.
  I reserve the balance of my time.
  Mr. CAMPBELL. Madam Chair, I appreciate the gentlelady from New 
York's comments; but I don't think it changes any of the facts that I 
laid out. And I would argue--and again, not just with this one. There 
are others that could have been brought up as well--but that this is 
essentially a charitable contribution. Whether it's my district, your 
district or anyone else's, we have a number of such things for which 
charitable contributions should be made. I really don't think that the 
taxpayers of this country elected us in

[[Page H7434]]

order to be conduits of their charitable contributions with their tax 
money. I think they elected us to spend as little of their money as 
possible on things only of national priority and Federal nexus. I'm 
just afraid I don't see where this or other projects like this rise to 
that standard.
  With that, Madam Chair, I would yield back the balance of my time.
  Mrs. LOWEY. I just want to make it very clear that there seems to be 
a real difference of opinion as to what the responsibilities are of a 
Member in Congress. The Save America's Treasures program restores 
hundreds of culturally and historically significant institutions. They 
would be forced to shut their doors.
  So I, again, urge my colleagues to reject this amendment and support 
this facility. I, again, want to thank the chairman for his support 
because it really would make a difference in providing economic 
revitalization not just to the facility but to the region.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from California (Mr. Campbell).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. CAMPBELL. Madam Chair, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from California 
will be postponed.


             part e amendment no. 1 offered by mr. campbell

  Mr. CAMPBELL. Madam Chair, I rise as the designee of the gentleman 
from Texas (Mr. Hensarling) for his amendment No. 61.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part E Amendment No. 1 offered by Mr. Campbell:
       At the end of the bill (before the short title), insert the 
     following:
       Sec. __.  None of the funds made available in this Act 
     under the heading ``National Park Service--Statutory or 
     Contractual Aid'' shall be available for the Angel Island 
     State Park Immigration Station Hospital Rehabilitation 
     project of the Angel Island Immigration Station Foundation, 
     San Francisco, California, and the amount otherwise provided 
     under such heading (and the portion of such amount specified 
     for congressionally designated items) are hereby reduced by 
     $1,000,000.

  The Acting CHAIR. Pursuant to House Resolution 578, the gentleman 
from California (Mr. Campbell) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from California.
  Mr. CAMPBELL. Thank you, Madam Chair.
  Angel Island Immigration Station is located in California State Park 
on Angel Island in San Francisco Bay. It was an active entry station 
into the United States from 1910 until 1940, and after 1940 it was used 
by the U.S. military until California State Parks assumed ownership in 
1963. The earmark in question carves out $1 million for the 
rehabilitation of the immigration station's hospital. According to the 
Angel Island Immigration Station Foundation, the hospital restoration 
is expected to cost $16 million total, and they are currently 
conducting a fundraising campaign to raise that money.
  Now Angel Island has already been the recipient of Federal earmarks 
in 2008 and in the omnibus in 2009, receiving $1.125 and $1.25 million 
respectively. This bill would bring another million, adding a total to 
this particular immigration station on Angel Island to $3.375 million.
  Now, Madam Chair, the Nation ran up a record level debt last year, 
$455 billion. We're set to eclipse that deficit by nearly four times 
and nearly $2 trillion this year and follow it up with another $1 
trillion-plus deficit every single year from now through 2010. Although 
Angel Island is historic, and I, actually, personally, am a fan of 
historic preservation, although you may find that difficult to believe 
today. I just feel we shouldn't do it with taxpayer money in this way. 
Given our serious budget problems, the question of whether this rises 
to the level of the sort of thing we should be spending people's money 
on when American families all over this Nation are struggling in these 
tough economic times, we need to look at every bit of spending to 
determine if it's something we would like to have or something that we 
have to have.
  Madam Chair, given that the Obama budget recently passed by Democrats 
would triple the debt in the next 10 years, we need to set priorities; 
and we should only spend on those things that we have to have and not 
those things that we would like to have.
  Again, what makes Angel Island Immigration Station more worthy of $3 
million than various other State parks, both in California and 
elsewhere? On December 8, 2005, Speaker Pelosi said, and I quote, It's 
just absolutely immoral for us to heap those deficits on our children. 
And then again, according to USA Today, on November 12, 2006, Speaker 
Pelosi said, There has to be transparency. I'd just as soon do away 
with all earmarks, but that probably isn't realistic. You can't have 
bridges to nowhere for America's children to pay for. Or if you do, you 
have to know whose it is.

                              {time}  2330

  Madam Chair, there aren't many things lately I agree with the Speaker 
on, but I agree with both of those two comments. We have to stop 
passing on debt to our children. We have to stop spending money on 
things that are not national priorities, are not have-to-have items. 
And although this is in my home State of California, I believe this is 
one of those items.
  Madam Chair, I reserve the balance of my time.
  Ms. WOOLSEY. Madam Chair, I rise to claim the time in opposition to 
the amendment.
  The Acting CHAIR. The gentlewoman is recognized for 5 minutes.
  Ms. WOOLSEY. I thank the chairman for allowing me to take this space.
  Madam Chairwoman, I frankly have to say that I am absolutely shocked 
to come to the floor to defend the Angel Island Immigration Station. I 
can only assume that the gentleman from California simply does not 
realize the cultural and historic significance of Angel Island 
Immigration Station and how very important it is to millions of 
Americans. Actually, Angel Island is known as the ``Ellis Island of the 
West'' because over a 30-year period between 1910 and 1940, the Angel 
Island Immigration Station processed more than 1 million immigrants 
from around the world with the majority coming from Asia.
  Today the Angel Island Immigration Station contributes greatly to our 
understanding of our Nation's rich and complex immigration history by 
hosting more than 50,000 people including 30,000 school children every 
single year. But because of severe deterioration, many of the historic 
buildings are in danger of collapsing and in desperate need of repair. 
That's why I, along with Speaker Pelosi, requested $1 million to 
rehabilitate the old Angel Island Immigration Station Hospital so that 
it can be used, among other things, as a museum to tell the story of 
immigration from Asia to the United States.
  Now, I doubt very much that anyone would come to this floor to strike 
funding for Ellis Island and argue that its preservation was ``wasteful 
government spending.'' But at the heart of the matter, Angel Island is 
just as important to those who cross through its gates as Ellis Island 
was for so many European immigrants. For those people whose ancestors 
first stepped on American soil were taken on Angel Island in the middle 
of the San Francisco Bay, this amendment works to deny their history 
and their struggle.
  It's also important for me to point out, and Congressman Campbell 
said this, that Congress is already on record for supporting funding 
for Angel Island. In the 109th Congress I sponsored H.R. 606, the Angel 
Island Immigration Station Restoration and Preservation Act, which did 
authorize funding to protect and preserve this historic landmark. H.R. 
606 was passed out of the House by voice vote, the Senate by unanimous 
consent, and signed into law by President George W. Bush on December 1, 
2005. The sponsor of this amendment had no objection then when his 
party controlled both Houses of Congress and the White House.
  Mr. DICKS. Will the gentlewoman yield?
  Ms. WOOLSEY. Yes, sir.
  Mr. DICKS. Madam Chair, I want to rise in strong support of her 
amendment and the Speaker's amendment.

[[Page H7435]]

This is a very important project. And I urge a ``no'' vote on the 
Campbell amendment.
  I appreciate the gentlewoman for yielding.
  Ms. WOOLSEY. Thank you. Reclaiming my time, Madam Chair, Angel Island 
is a national historic landmark that is in absolute desperate need of 
repair and rehabilitation. I urge my colleagues, and I thank the 
chairman for supporting this, to vote against this amendment. This 
project is not a bridge to nowhere; it's a bridge to our past.
  Mr. DICKS. Will the gentlewoman yield?
  Ms. WOOLSEY. I yield.
  Mr. DICKS. The ``bridge to nowhere'' was not an Appropriations 
Committee project. This was a project of the House Transportation 
Committee, and our committee had no responsibility for this.
  Ms. WOOLSEY. Madam Chair, I reserve the balance of my time.
  Mr. CAMPBELL. Madam Chair, I appreciate my colleague from 
California's comments. Again, it doesn't change the facts of the 
matter. Let's put it maybe a little more specifically.
  This is $1 million going to this particular project that is a 
California State park, not a Federal park. And of that $1 million, 
$460,000 will have to be borrowed. Much of that money will be borrowed 
from the Chinese, from Indians, from Russians, from whomever. And as 
much as I agree with you, as I like to see our historic preservation 
and I'm totally with you on that, but there is a project out there. 
There is an effort out there to raise private funds for this, and that 
is where the effort should be. And as scarce as Federal dollars are 
right now and the number of needs that we have and the gigantic deficit 
that we are not just passing to our children, we are passing to us--$2 
trillion a year increasing the debt? Senator McCain talks about 
generational theft. Yes, there is that. But we are passing this deficit 
on to us. I mean, in 5 years this is going to crush us, not 20, not 30, 
not 40. And we have got to stop it somewhere.
  And as much as I understand and appreciate your passion for this 
project, I also believe these are the sorts of things where we can 
start to save a little money. So I ask for an ``aye'' vote.
  Madam Chair, I yield back the balance of my time.
  Ms. WOOLSEY. Madam Chair, I would like to respond to borrowed, and, 
yes, indeed, we do not want to heap debt on our children and our 
grandchildren. But there are some things we have to preserve for them, 
and that's their history. And that is exactly what this project is 
about. They need to have their history preserved. They need to be able 
to visit from their classroom. They need to go with their families to 
Angel Island and see what came before them, not just the Asian children 
in our community but all children, and they are all gaining a new 
respect for what San Francisco and the Bay Area is all about because 
Angel Island is where their ancestors came before they went out into 
the communities.
  Madam Chair, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from California (Mr. Campbell).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. CAMPBELL. Madam Chair, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from California 
will be postponed.


             Part C Amendment No. 4 Offered by Mr. Campbell

  Mr. CAMPBELL. Madam Chair, I rise as a designee of the gentleman from 
Arizona (Mr. Flake) with his amendment No. 25.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part C amendment No. 4 offered by Mr. Campbell:
       At the end of the bill (before the short title), insert the 
     following:
       Sec. __.  None of the funds provided in this Act under the 
     heading ``National Park Service--Historic Preservation Fund'' 
     shall be available for the Historic Fort Payne Coal and Iron 
     Building Rehabilitation project of the city of Fort Payne, 
     Alabama, and the first, second, and fourth dollar amounts 
     under such heading are each hereby reduced by $150,000.

  The Acting CHAIR. Pursuant to House Resolution 578, the gentleman 
from California (Mr. Campbell) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from California.
  Mr. CAMPBELL. Madam Chair, this amendment would remove $150,000 of 
funding for the historic Fort Payne Coal and Iron Building 
rehabilitation and would lower the cost of the bill by a commensurate 
amount.
  The Times Journal, Fort Payne's local paper, reported on June 9 of 
this year that the Fort Payne Coal and Iron Building will be renovated 
into the Fort Payne Culture and Heritage Center. The article goes on to 
reveal that the City of Fort Payne received a $90,000 grant from the 
Alabama State Council on the Arts in order to begin construction on 
this project, which starts this fall.
  Rehabilitation of the Coal and Iron Building into a culture and 
heritage center is the kind of thing that ought to be paid for at a 
State level or at a local level and by local communities. I applaud the 
ability of the council to make such a grant given the economic 
conditions that exist out there, but I question again whether this is 
one of those things which rises to the level of whether it should have 
another $150,000 of taxpayer money.
  Now, Madam Chair, this is the fifth and final of various amendments I 
have offered on behalf of myself and other Members this evening having 
to do with earmarks, and let me say this: I have heard the passion 
pleas, and I am sure I will hear another one, from people this evening 
about the importance of the project they're talking about. And I 
understand that. I get that. We all have things we think are important. 
And there are many things that are important, and we won't agree on 
what they are, but they're out there.
  But budgets are about making choices. We cannot do it all. And when 
we do it all, we get into the problems that we are in today. We get 
into deficits that go on without end a trillion dollars or more. We get 
into debt that will crush not just our children but ourselves. We get 
into spending that rises and rises and rises and won't stop. And there 
are so many things. I'm sure this project is one of them and I am sure 
that the gentleman from Alabama will make a defense of his project and 
his defense may be very legitimate. But there will be similar projects 
in my district and everyone else's. And then there are a million other 
things we could do. And what about little things like national defense? 
What about all kinds of other things that this Federal Government has 
to do?
  Madam Chair, it is time that we look at these earmarks and we look at 
the spending and we start to make those priorities and we say this is 
the amount of money we've got. And we have got to stop borrowing any 
more and we have got to stop pouring it onto our children, and we can't 
increase the taxes because you will send this economy into a double-dip 
recession; and that we set these priorities and we decide that there 
are certain things that are important and there are certain things that 
aren't.
  And, Madam Chair, I guess I would just ask, if anybody out there is 
listening or watching, is the Fort Payne Coal and Iron Building 
historic rehabilitation, is that a national priority that in these 
times, that in this kind of deficit and this kind of spending 
environment, rises to the level of something that we have to do?

[[Page H7436]]

  Madam Chair, at some point we have got to stop it. I would like to 
hope we can begin that process now.
  Madam Chair, I reserve the balance of my time.
  Mr. ADERHOLT. Madam Chair, I rise to claim the time in opposition to 
the amendment.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. ADERHOLT. I just want to thank the Chair and the ranking member 
for their work on this subcommittee bill. As a ranking member on one of 
the subcommittees on Appropriations, I know the work that goes into 
these bills and putting them together, and I thank Mr. Dicks and Mr. 
Simpson for their hard work on this appropriation bill.
  I would like to talk a little bit about this project. The amendment 
that has been brought up tonight by Mr. Campbell is an amendment that 
would, of course, eliminate funding for what I believe is a worthy and 
historic preservation project.
  The funding allows the City of Fort Payne, which is a town located in 
the district that I represent, a relatively small town in rural 
Alabama, to proceed with this rehabilitation project of an important 
landmark, as has been stated, the Fort Payne Coal and Iron Building. 
Also, it should be noted, Madam Chair, that this is included in the 
Save America's Treasures program.
  Fort Payne was first incorporated as a town in 1889 as investors from 
New England saw coal and iron opportunities in the surrounding areas. 
During that time period, this particular building, the Fort Payne Coal 
and Iron Building, was the first building that was constructed. It 
served as the administrative building and the headquarters for the Fort 
Payne Coal and Iron Company, and it was from this building that the 
city itself was planned. This year marks the 120th anniversary of the 
building as well as the town of Fort Payne.
  This has been a project that they are not depending on Federal funds 
alone, and that's, of course, as Mr. Campbell pointed out. The City of 
Fort Payne in rural Alabama has spent $50,000 of its own money working 
on this project. The State of Alabama has committed another $135,000 
for this project. The Coal and Iron Building will house a cultural 
center which will serve this region of the State. The building is on 
the national register, and it will be a valuable asset of increasing 
tourism and raising awareness of the cultural heritage of northern 
Alabama and southern Appalachia, as it will provide educational 
opportunities which augment certain other activities in the region.

                              {time}  2345

  Mr. DICKS. Will the gentleman yield?
  Mr. ADERHOLT. I yield to the gentleman from Washington.
  Mr. DICKS. I just wanted to say to the gentleman that the committee 
strongly supports his amendment. We think this is a good amendment. 
It's well thought out. We like the fact that the city and the State put 
up money. It's a real partnership. This is the way we do things today, 
and the gentleman is a distinguished member of the committee and we are 
proud of his good work.
  Mr. ADERHOLT. Thank you. I thank the chairman.
  I just would also like to point out that Fort Payne, Alabama, is a 
community that tries to reach out and help others. It has a rich 
history of doing that. It was one time the number one sock producer in 
the world, and it is also the birthplace of the country music legends 
``Alabama.'' When New York City suffered the terrorism attack of 2001, 
the sock industry in Fort Payne donated and delivered hundreds of pairs 
of socks to the rescue workers who were working around the clock in 
that particular situation.
  So, in closing, Madam Chair, the restoration and the use of the Coal 
Building will be a significant cultural and educational benefit to 
northeastern Alabama. While I respect the gentleman who has offered the 
amendment, I would ask the Members to vote ``no'' on this amendment.
  And I would like to show a picture of the building. This is a picture 
of the Coal and Iron Building. This photo was taken somewhere between 
1890 and 1899, and I think you can see that it is a part of American 
history.
  And I would also like to mention, in response to the gentleman from 
California, that I am a strong supporter of defense spending for this 
country, but this particular project in no way hinders the defense 
spending for this country. And, as you know, you can check my record 
and see that I am a strong supporter of national defense for this 
country, but this is in a different bill completely. This is in a 
different set of areas of the appropriation bill, so I would like to 
just stress that to the other Members, and I would ask them if they 
would respectfully vote ``no'' on the amendment.
  I reserve the balance of my time.
  Mr. CAMPBELL. Madam Chair, this bill, this appropriations bill, 
Interior appropriation, increases spending from last year by 17 
percent.
  Now, I would ask how many Americans out there are going to see a 17 
percent increase in their salaries? How many companies are going to be 
spending 17 percent more on their marketing budget on payroll, on 
anything else?
  And also today the Congressional Budget Office issued a report on the 
debt and the deficit, and I would encourage Members to read it and look 
at it. It essentially says that we can't keep it up, it's 
unsustainable, that it is basically unsustaining and unsustainable.
  Madam Chair, I understand this is only $150,000, but the journey of 
1,000 miles does begin with a single step. And if we can begin by 
starting to not use taxpayers' money for charitable contributions, not 
using taxpayers' money for non-Federal priorities, not using taxpayers' 
money for earmarking to private companies without bids, then we begin 
that single step.
  Mr. DICKS. Will the gentleman yield?
  Mr. CAMPBELL. I yield to the gentleman from Washington.
  Mr. DICKS. I appreciate the gentleman yielding.
  I just would say to the gentleman, I hope when we get to entitlement 
reform, where the real money is spent, over two-thirds of the budget is 
in the entitlement reform, that I will see the gentleman from 
California and the gentleman's from Texas out here doing their good 
work on something that makes a difference.
  The Acting CHAIR. The gentleman's time has expired. The gentleman 
from Alabama has 30 seconds remaining.
  Mr. ADERHOLT. I yield the gentleman from Washington the additional 
time.
  Mr. DICKS. With all due respect, the good efforts, I think what the 
gentlemen has done has led to reform. We have changed the way we 
operate in the Appropriations Committee. Everything is put on the Web 
site when it's requested, all the agencies review this. If it's for 
profit, it has to be competed.
  The Acting CHAIR. The time of the gentleman has expired.
  Mr. DICKS. Remember--we are going to vote ``no'' on this amendment.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from California (Mr. Campbell).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. CAMPBELL. Madam Chair, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from California 
will be postponed.
  Mr. SIMPSON. I move to strike the last word.
  The Acting CHAIR. The gentleman from Idaho is recognized for 5 
minutes.
  Mr. SIMPSON. I yield to the gentleman from Texas.


                  Officer Henry Canales--Texas Lawman

  Mr. POE of Texas. I thank the gentleman from Idaho for yielding and 
also appreciate the chairman and all the indulgence tonight. I know 
it's been a long evening, and as we approach midnight here in the 
cradle of democracy and freedom, sad darkness is also falling heavy on 
the men and women and their families of the Houston Police Department 
in Texas.
  Madam Chair, two nights ago we lost a hero veteran police officer in 
our city of Houston. The Houston Police Department Senior Officer Henry 
Canales was killed in the line of duty. He was an undercover police 
officer doing the very dangerous work of holding criminals accountable 
to the law. It is because of brave men like Officer Canales

[[Page H7437]]

that the rest of America can sleep safely tonight and every night.
  Undercover officers face their own unique set of dangers. Assuming 
the identity of the criminal, they mix with the worst elements of evil 
in our society. They seek out these outlaws, become a part of their 
world, and they bring them to justice. Their bravery, their nerve is 
unequaled anywhere in our country. They live to serve and protect our 
freedom and our homes.
  Two nights ago, about this time at night, Officer Canales and other 
undercover Houston police officers met with four people in the parking 
lot of a drugstore. These four thieves were buying stolen TVs in a 
sting operation by the Houston Police Department. Things started going 
downhill in this operation right after the money changed hands.
  After the transaction, Officer Canales, working undercover, walked 
around to the front of a truck, and the suspect followed and drew a 
weapon. Gunfire rang out in the silent night air, and Officer Canales 
was shot.
  A second undercover police officer, Officer R. Lopez, went to help 
his fellow downed officer. Lopez was attempting to subdue and handcuff 
the shooter when the suspect fired at least two more times. Lopez 
returned the fire. The suspect was pronounced dead at the scene, and 
Officer Lopez was not injured.
  By the way, Madam Chair, the shooter and two other of the bandits 
were illegally in the United States at the time of this crime.
  Officer Canales served at the Houston Police Department for 16 years, 
spending the last 7 of them in the Auto Theft and Burglary Division, 
the same division he was working two nights ago when he was killed. He 
had also worked in northeast patrol.
  Officer Canales had also built and raced hot rods together with his 
family. He was active in drag racing and raced with an organization 
called Beat the Heat, which combats street racing. He lived in the 
nearby community of Baytown, Texas, with his family.
  Chief of Police Harold Hurtt said Canales ``was not only an 
outstanding officer but an outstanding individual.'' He cared a great 
deal about his family, the people he worked with and, of course, the 
City of Houston that he served.
  Madam Chair, I spent 30 years at the courthouse in Houston, Texas, as 
a prosecutor and as a judge. I have known hundreds of Houston police 
officers. They are the finest caliber and strongest of character, and 
Officer Canales was a rare breed in our culture who wore the badge to 
defend and protect the rest of us.
  Officer Canales died during surgery at the hospital where he and his 
family and hundreds of other officers had gathered. He was 42 years of 
age. This is a photograph of Officer Canales. He leaves behind his 
wife, Amor, a 15-year-old son and a 17-year-old daughter.
  Officer Canales was the first Houston Police Department officer 
killed in the line of duty this year. The last time we had an officer 
killed was December 7 of last year. Officer Tim Abernethy was killed by 
a gunman that ambushed him during a foot chase in northeast Houston.
  In the State of Texas, six police officers have been killed in the 
line of duty this year. They are Senior Corporal Norman Smith of the 
Dallas Police Department, Officer Cesar Arreola of the El Paso County 
Sheriff's Department, Lieutenant Stuart J. Alexander of the Corpus 
Christi Police Department, Sergeant Randy White of the Bridgeport 
Police Department, Deputy Sheriff D. Robert Harvey of the Lubbock 
County Sheriff's Department, and now we add the name of Senior Officer 
Henry Canales of the Houston Police Department to that hallowed roll of 
honor.
  All Americans should recognize the profound debt of gratitude we owe 
our law enforcement officers and also the gratitude we owe their 
families. These officers put themselves into harm's way to guard our 
safety because they care about our communities and the people they 
serve. They are the ones standing between us and the bad guys every 
single day.
  So tonight we bid farewell with humble gratitude to Senior Officer 
Henry Canales. And to his wife, Amor, and his children, we say: May the 
Lord bless you and keep you. May His face shine upon you and be 
gracious to you. May He lift up His countenance upon you and give you 
peace.
  And that's just the way it is.
  Mr. DICKS. Madam Chairwoman, I move that the Committee do now rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Ms. 
Woosley) having assumed the chair, Ms. Edwards of Maryland, Acting 
Chair of the Committee of the Whole House on the State of the Union, 
reported that that Committee, having had under consideration the bill 
(H.R. 2996) making appropriations for the Department of the Interior, 
environment, and related agencies for the fiscal year ending September 
30, 2010, and for other purposes, had come to no resolution thereon.

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