S.1696 - Department of the Interior, Environment, and Related Agencies Appropriations Act, 2008110th Congress (2007-2008)
Bill
Hide Overview| Sponsor: | Sen. Feinstein, Dianne [D-CA] (Introduced 06/26/2007) |
|---|---|
| Committees: | Senate - Appropriations |
| Committee Reports: | S. Rept. 110-91 |
| Latest Action: | Senate - 06/26/2007 Placed on Senate Legislative Calendar under General Orders. Calendar No. 221. (All Actions) |
| Notes: | For further action, see H.R. 2764, Consolidated Appropriations Act, 2008. |
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Placed on Calendar Senate (06/26/2007)
[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[S. 1696 Placed on Calendar Senate (PCS)]
Calendar No. 221
110th CONGRESS
1st Session
S. 1696
[Report No. 110-91]
Making appropriations for the Department of the Interior, environment,
and related agencies for the fiscal year ending September 30, 2008, and
for other purposes.
Rule___________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 26, 2007
Mrs. Feinstein, from the Committee on Appropriations, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
Making appropriations for the Department of the Interior, environment,
and related agencies for the fiscal year ending September 30, 2008, and
for other purposes.
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, 2008, 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)), $902,883,000, to
remain available until expended, of which $1,250,000 is for high
priority projects, to be carried out by the Youth Conservation Corps;
and of which $3,000,000 shall be available in fiscal year 2007 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.
In addition, $34,696,000 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 $902,883,000, 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.
wildland fire management
(including transfer 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, $829,524,000, to remain available until expended, of
which not to exceed $7,734,000 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 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
$10,000,000, between the Departments when such transfers would
facilitate and expedite jointly funded wildland fire management
programs and projects: Provided further, That funds provided for
wildfire suppression shall be available for support of Federal
emergency response actions.
construction
For construction of buildings, recreation facilities, roads,
trails, and appurtenant facilities, $11,476,000, 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, $12,206,000, 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;
$110,242,000, 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 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 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 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 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 his 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.
Section 28 of title 30, United States Code, is amended:
(1) in section 28 by striking the phrase ``shall commence
at 12 o'clock meridian on the first day of September'' and
inserting ``shall commence at 12:01 ante meridian on the first
day of September'';
(2) in section 28f(a), by striking the phrase ``for years
2004 through 2008''; and
(3) in section 28g, by striking the phrase ``and before
September 30, 2008,''.
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,
maintenance of the herd of long-horned cattle on the Wichita Mountains
Wildlife Refuge, general administration, and for the performance of
other authorized functions related to such resources by direct
expenditure, contracts, grants, cooperative agreements and reimbursable
agreements with public and private entities, $1,079,772,000, to remain
available until September 30, 2008, 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 $18,763,000 shall be used for implementing
subsections (a), (b), (c), and (e) of section 4 of the Endangered
Species Act, as amended, for species that are indigenous to the United
States (except for processing petitions, developing and issuing
proposed and final regulations, and 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 $13,026,000 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, 2006: 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 his 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.
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;
$36,700,000, 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, $43,044,000, 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 can be used
to pay for any administrative overhead, planning or other management
costs.
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, $80,001,000,
to remain available until expended, of which $25,228,000 is to be
derived from the Cooperative Endangered Species Conservation Fund and
$54,773,000 is to be derived from the Land and Water Conservation Fund,
to remain available until expended, of which $5,066,666 shall be for
the Idaho Salmon and Clearwater River Basins Habitat Account pursuant
to the Snake River Water Rights Act of 2004.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $14,202,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act, Public Law 101-233, as amended,
$42,646,000, 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.), $4,000,000, 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, 4211-4213, 4221-4225, 4241-4245,
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),
and the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601),
$8,000,000, 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, $72,492,000,
to remain available until expended: Provided, That of the amount
provided herein, $5,912,000 is for a competitive grant program for
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 the Secretary shall, after
deducting said $10,912,000 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 50 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 2008 to any State,
territory, or other jurisdiction that remains unobligated as of
September 30, 2009, shall be reapportioned, together with funds
appropriated in 2010, in the manner provided herein.
administrative provisions
Appropriations and funds available to the United States Fish and
Wildlife Service shall be available for purchase of passenger motor
vehicles; 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:
Provided further, That, notwithstanding any other provision of law, the
Secretary of the Interior may not spend any of the funds appropriated
in this Act for the purchase of lands or interests in lands to be used
in the establishment of any new unit of the National Wildlife Refuge
System unless the purchase is approved in advance by the House and
Senate Committees on Appropriations in compliance with the
reprogramming procedures contained in the statement of the managers
accompanying this Act.
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 special road maintenance service to trucking
permittees on a reimbursable basis), and for the general administration
of the National Park Service, $1,958,687,000, of which $9,965,000 is
for planning and interagency coordination in support of Everglades
restoration and shall remain available until expended; of which
$100,164,000, to remain available until September 30, 2009, is 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; and
of which $3,000,000 is for the Youth Conservation Corps for high
priority projects: Provided, That the only funds in this account which
may be made available to support United States Park Police are those
funds approved for emergency law and order incidents pursuant to
established National Park Service procedures, those funds needed to
maintain and repair United States Park Police administrative
facilities, and those funds necessary to reimburse the United States
Park Police account for the unbudgeted overtime and travel costs
associated with special events for an amount not to exceed $10,000 per
event subject to the review and concurrence of the Washington
headquarters office.
united states park police
For expenses necessary to carry out the programs of the United
States Park Police, $88,122,000.
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, $63,756,000, of which not
to exceed $5,000,000 may be for Preserve America grants to States,
Tribes, and local communities for projects that preserve important
historic resources through the promotion of heritage tourism: Provided,
That any individual Preserve America grant shall be matched by non-
Federal funds: Provided further, That individual projects shall only be
eligible for one grant: Provided further, That grants shall be approved
by the Secretary of the Interior in consultation with the House and
Senate Committees on Appropriations, and in consultation with the
Advisory Council on Historic Preservation prior to the commitment of
grant funds: Provided further, That none of the funds in this Act for
the Rivers, Trails and Conservation Assistance program may be used for
cash agreements, or for cooperative agreements that are inconsistent
with the program's final strategic plan.
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), $75,000,000,
to be derived from the Historic Preservation Fund and to remain
available until September 30, 2009, of which $30,000,000 shall be for
Save America's Treasures for preservation of nationally significant
sites, structures, and artifacts: Provided, That any individual Save
America's Treasures grant shall be matched by non-Federal funds:
Provided further, That individual projects shall only be eligible for
one grant: Provided further, That competitive projects to be funded
shall be approved by the Secretary of the Interior in consultation with
the House and Senate Committees on Appropriations, and in consultation
with the President's Committee on the Arts and Humanities prior to the
commitment of grant funds: Provided further, That Save America's
Treasures funds allocated for Federal projects, following approval,
shall be available by transfer to appropriate accounts of individual
agencies.
construction
For construction, improvements, repair or replacement of physical
facilities, including the modifications authorized by section 104 of
the Everglades National Park Protection and Expansion Act of 1989,
$227,154,000, to remain available until expended: Provided, That none
of the funds available to the National Park Service may be used to
plan, design, or construct any partnership project with a total value
in excess of $5,000,000, without advance approval of the House and
Senate Committees on Appropriations: Provided further, That
notwithstanding any other provision of law, the National Park Service
may not accept donations or services associated with the planning,
design, or construction of such new facilities without advance approval
of the House and Senate Committees on Appropriations: Provided further,
That funds provided under this heading for implementation of modified
water deliveries to Everglades National Park shall be expended
consistent with the requirements of the fifth proviso under this
heading in Public Law 108-108: Provided further, That funds provided
under this heading for implementation of modified water deliveries to
Everglades National Park shall be available for obligation only if
matching funds are appropriated to the Army Corps of Engineers for the
same purpose: Provided further, That none of the funds provided under
this heading for implementation of modified water deliveries to
Everglades National Park shall be available for obligation if any of
the funds appropriated to the Army Corps of Engineers for the purpose
of implementing modified water deliveries, including finalizing
detailed engineering and design documents for a bridge or series of
bridges for the Tamiami Trail component of the project, becomes
unavailable for obligation: Provided further, That of the funds made
available under this heading, not to exceed $3,800,000 is authorized to
be used for the National Park Service's proportionate cost of upgrading
the West Yellowstone/Hebgen Basin (Gallatin County, Montana) municipal
solid waste disposal system for the processing and disposal of
municipal solid waste generated within Yellowstone National Park:
Provided further, That future fees paid by the National Park Service to
the West Yellowstone/Hebgen Basin Solid Waste District will be
restricted to operations and maintenance costs of the facility, given
the capital contribution made by the National Park Service.
land and water conservation fund
(rescission)
The contract authority provided for fiscal year 2008 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, $78,700,000, 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 including
$1,675,000 for program administration: Provided, That none of the funds
provided for the State assistance program may be used to establish a
contingency fund.
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.
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; $1,009,933,000,
of which $64,381,000 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; of which $27,925,000 shall be available until September 30,
2009, for the operation and maintenance of facilities and deferred
maintenance; and of which $182,139,000 shall be available until
September 30, 2009, for the biological research activity and the
operation of the Cooperative Research Units: 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 the purchase and replacement of passenger motor vehicles;
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 purpose.
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; including the purchase of not to
exceed eight passenger motor vehicles for replacement only,
$159,948,000, of which $82,371,000 shall be available for royalty
management activities; and an amount not to exceed $135,730,000, 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, from rate increases to fee collections for Outer
Continental Shelf administrative activities performed by the Minerals
Management Service (MMS) over and above the rates in effect on
September 30, 1993, and from additional fees for Outer Continental
Shelf administrative activities established after September 30, 1993
that the Secretary of the Interior shall collect in fiscal year 2008
and retain and use for the necessary expenses of this appropriation:
Provided, That to the extent $135,730,000 in additions to receipts are
not realized from the sources of receipts stated above, the amount
needed to reach $135,730,000 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
$3,000,000 for computer acquisitions shall remain available until
September 30, 2008: 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), MMS in fiscal years 2008 through
2010 may retain up to three percent of the amounts which are disbursed
under section 31(b)(1), such retained amounts to remain available until
expended: Provided further, That the eighth proviso under the heading
of ``Minerals Management Service'' in division E, title I, of the
Consolidated Appropriations Act, 2005 (Public Law 108-447) is amended
by inserting ``and Indian Tribes'' after ``States'', and inserting
``and (d)'' after ``30 U.S.C. 1721(b)''.
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, $6,403,000, which shall be derived from
the Oil Spill Liability Trust Fund, to remain available until expended.
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, including the purchase of not to exceed 10 passenger motor
vehicles, for replacement only; $121,360,000: Provided, That the
Secretary of the Interior, pursuant to regulations, may use directly or
through grants to States, moneys collected in fiscal year 2008 for
civil penalties assessed under section 518 of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands
adversely affected by coal mining practices after August 3, 1977, to
remain available until expended: Provided further, That 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,
including the purchase of not more than 10 passenger motor vehicles for
replacement only, $52,835,000, 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 provisions
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
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, $2,046,341,000, to remain
available until September 30, 2009 except as otherwise provided herein,
of which not to exceed $77,164,000 shall be for welfare assistance
payments: Provided, That in cases of designated Federal disasters, the
Secretary may exceed such cap, from the amounts provided herein, to
provide for disaster relief to Indian communities affected by the
disaster; notwithstanding any other provision of law, including but not
limited to the Indian Self-Determination Act of 1975, as amended, not
to exceed $149,628,000 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 2008, as authorized by such Act, except that
federally recognized tribes and tribal organizations 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 $476,500,000 for
school operations costs of Bureau-funded schools and other education
programs shall become available on July 1, 2008, and shall remain
available until September 30, 2009; and of which not to exceed
$55,817,000 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 $44,060,000 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 2008 for the operation of Bureau-funded schools, and
up to $500,000 within and only from such amounts made available for
school operations shall be available for the transitional costs of
initial administrative cost grants to grantees that enter into grants
for the operation on or after July 1, 2007, of Bureau-operated schools:
Provided further, That any forestry funds allocated to a tribe which
remain unobligated as of September 30, 2009, may be transferred during
fiscal year 2010 to an Indian forest land assistance account
established for the benefit of the holder of the funds within the
tribe's trust fund account: Provided further, That any such unobligated
balances not so transferred shall expire on September 30, 2010.
construction
(including rescission 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, $182,812,000, 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 2008, 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 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 an 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 replacement school 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 of the replacement school: 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.
Of the funds made available under this heading in Public Law 108-
447 for the tribal school demonstration program, $3,800,000 of
unobligated elementary school funding are rescinded.
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, 107-331, 108-477, 109-379, 109-
429, and 109-479, and for implementation of other land and water rights
settlements, $34,069,000, to remain available until expended.
indian guaranteed loan program account
For the cost of guaranteed and insured loans, $6,276,000, of which
$700,000 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, not to exceed $85,506,098.
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, the Indian loan guarantee and insurance fund,
and the Indian Guaranteed Loan Program account) shall be available for
expenses of exhibits, and purchase and replacement of passenger motor
vehicles.
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 and
regional offices) shall be available for tribal contracts, grants,
compacts, or cooperative agreements with the Bureau of Indian Affairs
under the provisions of the Indian Self-Determination Act or the Tribal
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 school's
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 25 U.S.C. 2007(d), and implementing regulations,
the funds reserved from the Indian Student Equalization Program to meet
emergencies and unforeseen contingencies affecting education programs
appropriated herein and in Public Law 109-54 may be used for costs
associated with significant student enrollment increases at Bureau-
funded schools during the relevant school year.
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, $102,151,000; of which not to exceed $15,000 may be for
official reception and representation expenses; of which $1,000,000, to
remain available until expended, is for salaries, expenses, and costs
for construction design of the Dwight D. Eisenhower Memorial Commission
established by section 8162(b) of the Department of Defense
Appropriations Act, 2000 (40 U.S.C. 8903 note; Public Law 106-79); 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
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.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior, $77,821,000, of which:
(1) $69,637,000 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) $8,184,000
shall remain available until September 30, 2008, 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 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, $5,362,000, 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.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $59,449,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$45,572,000.
Office of Special Trustee for American Indians
federal trust programs
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and grants,
$185,947,000, to remain available until expended, of which not to
exceed $60,000,000 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 2008, 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.
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 of 1983, as amended, by direct
expenditure or cooperative agreement, $10,000,000, to remain available
until expended, and which may be transferred to the Bureau of Indian
Affairs and Office of the Secretary accounts.
Department-wide Programs
payments in lieu of taxes
For expenses necessary to implement the Act of October 20, 1976, as
amended (31 U.S.C. 6901-6907), $232,528,000, of which not to exceed
$400,000 shall be available for administrative expenses: Provided, That
no payment shall be made to otherwise eligible units of local
government if the computed amount of the payment is less than $100.
central hazardous materials fund
For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for the remedial action, including
associated activities, of hazardous waste substances, pollutants, or
contaminants pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (42 U.S.C. 9601 et seq.),
$9,954,000, to remain available until expended.
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.), $6,300,000, to remain
available until expended.
working capital fund
For the acquisition of a departmental financial and business
management system, $37,069,000, to remain available until expended.
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:
Provided further, That no programs funded with appropriated funds in
the ``Office of the Secretary'', ``Office of the Solicitor'', and
``Office of Inspector General'' may be augmented through the Working
Capital Fund: Provided further, That the annual budget justification
for Department-wide programs shall describe estimated Working Capital
Fund charges to bureaus and offices, including the methodology on which
charges are based: Provided further, That departures from the Working
Capital Fund estimates contained in the budget justification shall be
presented to the Committees on Appropriations for approval: Provided
further, That the Secretary shall provide a semi-annual report to the
Committees on Appropriations on reimbursable support agreements between
the Office of the Secretary and the National Business Center and the
bureaus and offices of the Department, including the amounts billed
pursuant to such agreements.
General Provisions, Department of the Interior
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 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'' shall be exhausted within 30 days: Provided further,
That all funds used pursuant to this section must be replenished by a
supplemental appropriation which must be requested as promptly as
possible: Provided further, That such replenishment funds shall be used
to reimburse, on a pro rata basis, accounts from which emergency funds
were transferred.
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; 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. No funds provided in this title may be expended by the
Department of the Interior for the conduct of offshore preleasing,
leasing and related activities placed under restriction in the
President's moratorium statement of June 12, 1998, in the areas of
northern, central, and southern California; the North Atlantic;
Washington and Oregon; and the eastern Gulf of Mexico south of 26
degrees north latitude and east of 86 degrees west longitude.
Sec. 105. No funds provided in this title may be expended by the
Department of the Interior to conduct oil and natural gas preleasing,
leasing and related activities in the Mid-Atlantic and South Atlantic
planning areas.
Sec. 106. Appropriations made in this Act under the headings Bureau
of Indian Affairs and Office of 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, excluding litigation
costs. Total funding for historical accounting activities shall not
exceed amounts specifically designated in this Act for such purpose.
Sec. 107. 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 tribe shall receive a reduction in
Tribal Priority Allocation funds of more than 10 percent in fiscal year
2008. Under circumstances of dual enrollment, overlapping service areas
or inaccurate distribution methodologies, the 10 percent limitation
does not apply.
Sec. 108. 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 Public Law 100-696; 16 U.S.C. 460zz.
Sec. 109. The Secretary of the Interior may use or contract for the
use of helicopters or motor vehicles on the Sheldon and Hart National
Wildlife Refuges for the purpose of capturing and transporting horses
and burros. The provisions of subsection (a) of the Act of September 8,
1959 (18 U.S.C. 47(a)) shall not be applicable to such use. Such use
shall be in accordance with humane procedures prescribed by the
Secretary.
Sec. 110. None of the funds in this or any other Act can be used to
compensate the Special Master and the Special Master-Monitor, and all
variations thereto, appointed by the United States District Court for
the District of Columbia in the Cobell v. Kempthorne litigation at an
annual rate that exceeds 200 percent of the highest Senior Executive
Service rate of pay for the Washington-Baltimore locality pay area.
Sec. 111. 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. Kempthorne 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. Kempthorne.
Sec. 112. No funds appropriated for the Department of the Interior
by this Act or any other Act shall be used to study or implement any
plan to drain Lake Powell or to reduce the water level of the lake
below the range of water levels required for the operation of the Glen
Canyon Dam.
Sec. 113. Notwithstanding any implementation of the Department of
the Interior's trust reorganization or reengineering plans, or the
implementation of the ``To Be'' Model, funds appropriated for fiscal
year 2008 shall be available to the tribes within the California Tribal
Trust Reform Consortium and to the Salt River Pima-Maricopa Indian
Community, the Confederated Salish and Kootenai Tribes of the Flathead
Reservation and the Chippewa Cree Tribe of the Rocky Boys Reservation
through the same methodology as funds were distributed in fiscal year
2003. This Demonstration Project shall continue to operate separate and
apart from the Department of the Interior's trust reform and
reorganization and the Department shall not impose its trust management
infrastructure upon or alter the existing trust resource management
systems of the above referenced tribes having a self-governance compact
and operating in accordance with the Tribal Self-Governance Program set
forth in 25 U.S.C. 458aa-458hh: Provided, That the California Trust
Reform Consortium and any other participating tribe agree to carry out
their responsibilities under the same written and implemented fiduciary
standards as those being carried by the Secretary of the Interior:
Provided further, That they demonstrate to the satisfaction of the
Secretary that they have the capability to do so: Provided further,
That the Department shall provide funds to the tribes in an amount
equal to that required by 25 U.S.C. 458cc(g)(3), including funds
specifically or functionally related to the provision of trust services
to the tribes or their members.
Sec. 114. Notwithstanding any provision of law, including 42
U.S.C. 4321 et seq., nonrenewable grazing permits authorized in the
Jarbidge Field Office, Bureau of Land Management since March 1, 1997
shall be renewed. The Animal Unit Months, authorized in any
nonrenewable grazing permit from March 1, 1997 to present shall
continue in effect under the renewed permit. Nothing in this section
shall be deemed to extend the renewed permit beyond the standard 1-year
term. The period of this provision will be until all of the grazing
permits in the Jarbidge Field Office are renewed after the completion
of the Record of Decision for the Jarbidge Resource Management Plan/
Final Environmental Impact Statement.
Sec. 115. 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. 116. Notwithstanding any other provision of law, the National
Park Service final winter use rules published in Part VII of the
Federal Register for November 10, 2004, 69 Fed. Reg. 65348 et seq.,
shall be in force and effect for the winter season of 2007-2008 that
commences on or about December 15, 2007.
Sec. 117. Pursuant to section 10101f(d)(3) of the Omnibus Budget
Reconciliation Act of 1993 (30 U.S.C. 28f(d)(3)), the following claims
shall be given notice of defect and the opportunity to cure: AA 023149;
AA 023163; AA 047913; AA 047914; AA 047915; AA 047916; AA 047917; AA
047918 and AA 047919.
Sec. 118. Oil and Gas Leasing Internet Pilot Program.
Notwithstanding section 17(b)(1)(A) of the Mineral Leasing Act (30
U.S.C 226(b)(1)(A)), the Secretary of the Interior shall establish an
oil and gas leasing Internet pilot program, under which the Secretary
may conduct lease sales through methods other than oral bidding. To
carry out the pilot program, the Secretary of the Interior may use not
more than $250,000 of funds in the BLM Permit Processing Improvement
Fund described in section 35(c)(2)(B) of the Mineral Leasing Act (30
U.S.C. 191(c)(2)(B)).
Sec. 119. In implementing section 1307 of Public Law 96-487 (4
Stat. 2479), the Secretary shall deem the present holders of entry
permit CP-GLBA005-00 and entry permit CP-GLBA004-00 each to be a person
who, on or before January 1, 1979, was engaged in adequately providing
visitor services of the type authorized in said permit within Glacier
Bay National Park.
Sec. 120. Notwithstanding any other provisions of this Act, none of
the funds made available by this Act may be used to issue permits for
or otherwise approve or allow, pursuant to the Marine Mammal Protection
Act (16 U.S.C. 1361 et seq.), importation of polar bears or polar bear
parts taken in a sport hunt in any country, whether or not legally
harvested in that country.
Sec. 121. No funds appropriated or otherwise made available to the
Department of the Interior may be used, in relation to any proposal to
store water for the purpose of export, for approval of any right-of-way
or similar authorization on the Mojave National Preserve or lands
managed by the Needles Field Office of the Bureau of Land Management,
or for carrying out any activities associated with such right-of-way or
similar approval.
Sec. 122. Section 460ccc-4 of the Red Rock Canyon National
Conservation Area Establishment Act authorization (16 U.S.C. 460ccc) is
amended--
(1) in section (a)(1), by striking ``with donated or
appropriated funds'';
(2) by striking section (a)(2);
(3) in section (a)(3), by striking ``(3)'' and replacing
with ``(2)'';
(4) in section (a)(4), by striking ``(4)'' and replacing
with ``(3)''.
Sec. 123. Title 43 U.S.C. 1473 is amended by inserting at the end
of that section before the period the following: ``, including
contributions of money and services to conduct work in support of the
orderly exploration and development of Outer Continental Shelf
resources, including but not limited to, preparation of environmental
documents such as impact statements and assessments, studies, and
related research''.
Sec. 124. Section 1077(c) of Public Law 109-364 is repealed.
Sec. 125. Section 144 of division E of Public Law 108-447, as
amended, is amended in paragraph (b)(2) by striking ``November 12,
2004'' and inserting ``May 4, 2005.''
Sec. 126. Section 105(f)(1)(B) of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)) is amended in clause
(ix) by--
(1) striking ``Republic'' both places it appears and
inserting ``government, institutions, and people'';
(2) by striking ``2007'' and inserting ``2009''; and
(3) by striking ``was'' and inserting ``were''.
Sec. 127. The Secretary of the Interior should seek to carry out
without further delay the provisions identified in the Upper Snake
River Basin Biological Opinion released by the National Marine
Fisheries Service, Northwest Region dated March 31, 2005 for the
conservation of salmon and steelhead species in the Columbia and Snake
River Basins and the Upper Snake River Basin Biological Opinion issued
by the U.S. Fish and Wildlife Service dated March 31, 2005 for the
conservation of various species in the Pacific Northwest.
Sec. 128. Notwithstanding any other provision of law (including
provisions of law requiring competition), the Secretary of the Interior
may enter into cooperative agreements (which may provide for the
acquisition of goods or services, including personal services) with a
State, political subdivision, or agency thereof, a public or private
agency, organization, or any other person, 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.
Sec. 129. The Federal properties commonly referred to as the Barnes
Ranch and Agency Lake Ranch (the properties) in Klamath County, Oregon,
managed by the Bureau of Reclamation shall be transferred to the Upper
Klamath National Wildlife Refuge (Refuge) in accordance with the
Memorandum of Understanding between the U.S. Fish and Wildlife Service
Klamath Basin National Wildlife Refuge Complex and the Bureau of
Reclamation Klamath Basin Area Office and The Nature Conservancy dated
March 2, 2007, as expeditiously as possible and no later than December
2008: Provided, That these Federal properties and all Federal refuge
lands within the adjusted boundary area for the Refuge, as approved by
the U.S. Fish and Wildlife Service (Service) in June 2005 under the
Land Protection Plan of 2005, shall be made a part of the Refuge and
shall be managed by the Service as such: Provided further, That each
year after the properties become part of the Refuge, those increments
of water passively stored on the properties shall be applied and
credited toward the requirements of any consultation or reconsultation
over Klamath Project operations pursuant to section 7 of the Endangered
Species Act, consistent with Federal law and State water law.
Sec. 130. Corinth Unit of Shiloh National Military Park Boundary
Expansion. The Corinth Battlefield Preservation Act of 2000 is
amended--
(1) in section 3(1) (16 U.S.C. 430f-7(1)), by striking
``304/80,007, and dated October 1998'' and inserting ``304A/
80,009, and dated April 2007'';
(2) in section 4 (16 U.S.C. 430f-8), by striking subsection
(b) and inserting the following:
``(b) Composition of Unit.--The Unit shall be comprised of
approximately 810 acres of land, as generally depicted on the Map.''.
(3) by striking section 7 (16 U.S.C. 430f-11); and
(4) by redesignating section 8 as section 7.
Sec. 131. In section 5(8) of Public Law 107-226, strike ``acquire''
and all that follows and insert, ``acquire the land or interests in
land for the memorial by donation, purchase with donated or
appropriated funds, exchange or condemnation with donated or
appropriated funds; and''.
Sec. 132. Clarification of Concessionaire Historic Rights. (a) In
implementing section 1307 of Public Law 96-487 (96 Stat. 2479), the
Secretary shall deem Denali National Park Wilderness Centers, Ltd., a
corporation organized and existing under the laws of the State of
Alaska, to be a person who, on or before January 1, 1979, was engaged
in adequately providing the following scope and level of visitor
services within what is currently Denali National Park and Preserve:
(1) Guided interpretive hiking services in the Kantishna
area new park additions (i.e. park area added in 1980 to former
Mount McKinley National Park), not to exceed 14 guided
interpretive hikes per week.
(2) Gold panning outings in the Kantishna area new park
additions, not to exceed 3 gold panning outings per week.
(3) Guided interpretive trips, including an average of four
vehicle trips per day, not to exceed 28 trips per week, into
the Old Park (i.e. former Mount McKinley National Park).
(4) Guided and unguided canoeing on Wonder Lake, including
the storage of five canoes on Wonder Lake.
(5) Transportation over the road between the north boundary
of the Old Park and Wonder Lake, including Wonder Lake
Campground, for an average of 10 trips per day not to exceed 70
trips per week.
(b) For purpose of implementing this section, the term ``person''
means the person who has a controlling interest in the entity described
under subsection (a) or his lineal descendants born prior to January 1,
1979.
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, including uniforms, or allowances
therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized
by 5 U.S.C. 3109, but at rates for individuals not to exceed the per
diem rate equivalent to the maximum rate payable for senior level
positions under 5 U.S.C. 5376; procurement of laboratory equipment and
supplies; other operating expenses in support of research and
development; construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $85,000 per project,
$772,530,000, to remain available until September 30, 2009.
Environmental Programs and Management
For environmental programs and management, including necessary
expenses, not otherwise provided for, for personnel and related costs
and travel expenses, including uniforms, or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C.
3109, but at rates for individuals 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; 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;
construction, alteration, repair, rehabilitation, and renovation of
facilities, not to exceed $85,000 per project; and not to exceed $9,000
for official reception and representation expenses, $2,384,121,000, to
remain available until September 30, 2009, including administrative
costs of the brownfields program under the Small Business Liability
Relief and Brownfields Revitalization Act of 2002.
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, and for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $85,000 per project,
$40,000,000, to remain available until September 30, 2009.
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, $34,801,000, 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), and for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $85,000 per project;
$1,274,643,000, to remain available until expended, consisting of such
sums as are available in the Trust Fund on September 30, 2007, as
authorized by section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $1,274,643,000 as 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, $13,337,000
shall be transferred to the ``Office of Inspector General''
appropriation to remain available until September 30, 2009, and
$26,126,000 shall be transferred to the ``Science and Technology''
appropriation to remain available until September 30, 2009.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground storage
tank cleanup activities authorized by section 205 of the Superfund
Amendments and Reauthorization Act of 1986, and for construction,
alteration, repair, rehabilitation, and renovation of facilities, not
to exceed $85,000 per project, $72,493,000, to remain available until
expended.
Oil Spill Response
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990,
$17,487,000, to be derived from the Oil Spill Liability trust fund, to
remain available until expended.
State and Tribal Assistance Grants
(including transfer and rescission of funds)
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $3,181,853,000, to remain available until expended,
of which $887,000,000 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''); $842,167,000 shall be
for capitalization grants for the Drinking Water State Revolving Funds
under section 1452 of the Safe Drinking Water Act, as amended;
$10,000,000 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; $30,000,000 shall be for grants to the State of
Alaska to address drinking water and waste infrastructure needs of
rural and Alaska Native Villages: Provided, That, of these funds: (1)
the State of Alaska shall provide a match of 25 percent; (2) no more
than 5 percent of the funds may be used for administrative and overhead
expenses; and (3) not later than October 1, 2005 the State of Alaska
shall make awards consistent with the State-wide priority list
established in 2004 for all water, sewer, waste disposal, and similar
projects carried out by the State of Alaska that are funded under
section 221 of the Federal Water Pollution Control Act (33 U.S.C. 1301)
or the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et
seq.) which shall allocate not less than 25 percent of the funds
provided for projects in regional hub communities; $140,000,000 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 joint explanatory statement of the managers
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; $89,258,000
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; $50,000,000 for grants under title VII, subtitle G of
the Energy Policy Act of 2005, as amended; $15,000,000 shall be for
grants for cost-effective emissions reduction projects in accordance
with the terms and conditions specified for such grants in the
statement of the managers accompanying this Act; and $1,118,428,000
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 that meet EPA standards for statistically representative
monitoring programs, $22,500,000 to make grants to States under section
2007(f)(2) of the Solid Waste Disposal Act, as amended, and to
federally recognized tribes under Public Law 105-276, and to provide
financial assistance to States and federally-recognized tribes for the
purposes authorized by title XV, subtitle B of the Energy Policy Act of
2005, with the exception of leaking underground storage tank cleanup
activities that are authorized by section 205 of Superfund Amendments
and Reauthorization Act of 1986; $12,000,000 shall be for targeted
environmental remediation project grants, of which $8,000,000 shall be
provided for remedial activities at Hunter's Point Naval Shipyard, and
of which $4,000,000 shall be transferred to the State of Oklahoma for
remediation and relocation efforts in the Tar Creek and Spring River
watersheds in Oklahoma: Provided further, That the funds provided for
Tar Creek project shall be transferred for the Oklahoma Department of
Environmental Quality for ongoing relocation assistance as administered
by the Lead Impacted Communities Relocation Assistance Trust and as
conducted consistent with the use of prior unexpended funding in
accordance with section 3201 of Public Law 109-234 (120 Stat. 455-466):
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 2008 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 2008, 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
2008, notwithstanding the limitation on amounts in section 518(c) of
the Act, up to a total of 1\1/2\ percent of the funds appropriated for
State Revolving Funds under title VI of that Act may be reserved by the
Administrator for grants under section 518(c) of that Act: Provided
further, That no funds provided by this 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:
Provided further, That from unobligated balances to carry out projects
and activities authorized in section 206(a) of the Act, $5,000,000 are
hereby cancelled.
Administrative Provisions
For fiscal year 2008, 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 added by subsection (f)(2) of the Pesticide
Registration Improvement Act of 2003), as amended.
Of the funds provided in the Environmental Programs and Management
Account, not less than $2,000,000 shall be provided for activities to
develop and publish a draft rule no later than April 30, 2008 and a
final rule no later than December 31, 2008 to require mandatory
reporting of greenhouse gas emissions above appropriate thresholds in
all sectors of the economy of the United States.
None of the funds provided in the Act may be used, directly or
through grant, to pay or to provide reimbursement for payment of the
salary of a consultant (whether retained by the Federal government or a
grantee) at more than the daily rate paid for Level IV of the Executive
Schedule, unless specifically authorized by law.
Notwithstanding any other provision of law, all grants issued under
title VII, subtitle G of the Energy Policy Act of 2005, as amended,
will be given only to eligible entities for projects in areas not in
attainment of the National Ambient Air Quality Standards for a criteria
air pollutant.
None of the funds made available by this Act may be used in
contravention of, or to delay the implementation of, Executive Order
No. 12898 of February 11, 1994 (59 Fed. Reg. 7629; relating to Federal
actions to address environmental justice in minority populations and
low-income populations).
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, $291,807,000, to remain available until expended:
Provided, That of the funds provided, $62,329,000 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, $272,542,000, to remain available until
expended, as authorized by law of which $48,095,000 is to be derived
from the Land and Water Conservation Fund: Provided, That none of the
funds provided under this heading for the acquisition of lands or
interests in lands shall be available until the Forest Service notifies
the House Committee on Appropriations and the Senate Committee on
Appropriations, in writing, of specific contractual and grant details
including the non-Federal cost share.
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, $1,500,234,000, 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 unobligated balances
under this heading available at the start of fiscal year 2008 shall be
displayed by budget line item in the fiscal year 2009 budget
justification: Provided further, That of the funds provided under this
heading for Forest Products, $4,000,000 shall be allocated to the
Alaska Region, in addition to its normal allocation for the purposes of
preparing additional timber for sale, to establish a 3-year timber
supply and such funds may be transferred to other appropriations
accounts as necessary to maximize accomplishment.
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, $1,982,482,000, 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 not less than 50 percent of any unobligated balances
remaining (exclusive of amounts for hazardous fuels reduction) at the
end of fiscal year 2008 shall be transferred to the fund established
pursuant to section 3 of Public Law 71-319 (16 U.S.C. 576 et seq.) if
necessary to reimburse the fund for unpaid past advances: 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, $325,000,000 is for hazardous
fuels reduction activities, $6,189,000 is for rehabilitation and
restoration, $24,542,000 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.),
$50,227,000 is for State fire assistance, $8,000,000 is for volunteer
fire assistance, $15,119,000 is for forest health activities on Federal
lands and $10,014,000 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 transfers of any amounts in excess of those authorized in this
paragraph, shall require approval of the House and Senate Committees on
Appropriations in compliance with reprogramming procedures contained in
the report accompanying this Act: Provided further, That funds provided
under this heading for hazardous fuels treatments may be transferred to
and made a part of the ``National Forest System'' account at the sole
discretion of the Chief of the Forest Service thirty days after
notifying the House and the Senate Committees on Appropriations:
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 in addition to funds provided for State Fire Assistance
programs, and subject to all authorities available to the Forest
Service under the State and Private Forestry Appropriation, up to
$15,000,000 may be used on adjacent non-Federal lands for the purpose
of protecting communities when hazard reduction activities are planned
on national forest lands that have the potential to place such
communities at risk: Provided further, That included in funding for
hazardous fuel reduction is $5,000,000 for implementing the Community
Forest Restoration Act, Public Law 106-393, title VI, and any portion
of such funds shall be available for use on non-Federal lands in
accordance with authorities available to the Forest Service under the
State and Private Forestry appropriation: Provided further, That the
Secretary of the Interior and the Secretary of Agriculture may
authorize the transfer of funds appropriated for wildland fire
management, in an aggregate amount not to exceed $10,000,000, between
the 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 national forest lands.
capital improvement and maintenance
For necessary expenses of the Forest Service, not otherwise
provided for, $444,090,000, to remain available until expended for
construction, reconstruction, maintenance, and acquisition of buildings
and other facilities, and for construction, reconstruction, repair,
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 up to $15,000,000 of the funds provided herein for
road maintenance shall be available for the decommissioning of roads,
including unauthorized roads not part of the transportation system,
which are no longer needed: Provided further, That no funds shall be
expended to decommission any system road until notice and an
opportunity for public comment has been provided on each
decommissioning project: Provided further, That notwithstanding any
provision of law, the Forest Service shall provide $1,197,000
appropriated in Public Law 110-5 within the Capital Improvement and
Maintenance appropriation in an advance direct lump sum payment to West
Virginia University for the planning and construction of a research
greenhouse facility as the Federal share in the construction of the new
facility.
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, $48,245,000, 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, $1,053,000, 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 (16 U.S.C. 4601-516-617a, 555a; Public Law
96-586; Public Law 76-589, 76-591; and 78-310), pursuant to the Act of
December 4, 1967, as amended (16 U.S.C. 484a), to remain available
until expended.
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), $56,000, 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),
$5,053,000, to remain available until expended.
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).
None of the funds made available under this Act shall be obligated
or expended to abolish any region, to move or close any regional office
for National Forest System administration of the Forest Service,
Department of Agriculture without the consent of the House and Senate
Committees on Appropriations.
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 upon notification of the House and Senate Committees
on Appropriations and if and only if all previously appropriated
emergency contingent funds under the heading ``Wildland Fire
Management'' have been released by the President and apportioned and
all wildfire suppression funds under the heading ``Wildland Fire
Management'' are obligated.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development and
the Foreign Agricultural Service 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 under this
Act 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) or
7 U.S.C. 147b.
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and Senate
Committees on Appropriations in accordance with the reprogramming
procedures contained in the report accompanying this Act.
Not more than $73,285,000 of funds available to the Forest Service
shall be transferred to the Working Capital Fund of the Department of
Agriculture. 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.
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, up to $2,500,000 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 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, $2,650,000 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 subrecipients.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to sections 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
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.
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.
Any appropriations or funds available to the Forest Service may be
used for necessary expenses in the event of law enforcement emergencies
as necessary to protect natural resources and public or employee
safety: Provided, That such amounts shall not exceed $500,000.
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 $45,000,000,
shall be assessed for the purpose of performing 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.
Funds available to the Forest Service shall be available to conduct
a program of up to $4,500,000 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 $2,000,000 shall be carried out under the
authority of the Public Lands Corps Healthy Forests Restoration Act of
2005, Public Law 109-154.
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, $2,991,924,000, together
with payments received during the fiscal year pursuant to 42 U.S.C.
238(b) 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 $579,515,000 for contract medical
care, including $28,000,000 for the Indian Catastrophic Health
Emergency Fund, shall remain available until expended: Provided
further, That no less than $35,094,000 is provided for maintaining
operations of the urban Indian health program: Provided further, That
of the funds provided, up to $27,000,000 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
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 $271,636,000 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
2008, 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 and 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 funds available for 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, $375,475,000, 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 an
Indian tribe or tribes may be used to purchase land for sites to
construct, improve, or enlarge health or related facilities: Provided
further, That not to exceed $500,000 shall be used by the Indian Health
Service to purchase 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 $1,000,000 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 which are concerned with the functions or activities for which
the appropriation is made or which will contribute to 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 prior consultation with 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, $78,434,000.
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), 111(c)(4), and 111(c)(14) 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, as amended; and section 3019 of the Solid
Waste Disposal Act, as amended, $75,004,000, of which up to $1,500,000,
to remain available until expended, is for Individual Learning Accounts
for full-time equivalent employees of the Agency for Toxic Substances
and Disease Registry: 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 2008, and existing profiles may be updated as necessary.
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, $2,703,000: 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
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,
$9,049,000: Provided, That the Chemical Safety and Hazard Investigation
Board (Board) shall have not more than three career Senior Executive
Service positions.
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, $9,000,000, 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), $7,297,000.
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; up to five replacement passenger vehicles; purchase,
rental, repair, and cleaning of uniforms for employees, $571,705,000,
of which not to exceed $19,968,000 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 $1,578,000 for fellowships and scholarly awards shall remain
available until September 30, 2009; and including such funds as may be
necessary to support American overseas research centers and a total of
$125,000 for the Council of 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, $125,000,000, to remain available until expended, of which
not to exceed $10,000 is for services as authorized by 5 U.S.C. 3109:
Provided, That contracts awarded for environmental systems, protection
systems, and repair or restoration of facilities of the Smithsonian
Institution may be negotiated with selected contractors and awarded on
the basis of contractor qualifications as well as price.
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, $101,718,000, of which not to exceed $3,350,000 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, $18,017,000,
to remain available until expended: Provided, That contracts awarded
for environmental systems, protection systems, and exterior repair or
renovation of buildings of the National 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, $20,200,000.
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, $23,150,000, 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,
$9,718,000.
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, $133,412,000 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, $131,845,000, shall be
available to the National Endowment for the Humanities for support of
activities in the humanities, pursuant to section 7(c) of the Act, and
for administering the functions of the Act, to remain available until
expended.
matching grants
To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, as amended,
$14,510,000, to remain available until expended, of which $9,479,000
shall be available to the National Endowment for the Humanities for the
purposes of section 7(h): Provided, That this appropriation 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 Provisions
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: Provided further, That section
309(1) of division E, Public Law 108-447, is amended by inserting
``National Opera Fellowship,'' after ``National Heritage Fellowship,''.
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), $2,192,000: 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.
National Capital Arts and Cultural Affairs
For necessary expenses as authorized by Public Law 99-190 (20
U.S.C. 956a), as amended, $7,200,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665, as amended), $5,348,000: 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, $8,265,000: 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), $45,496,000, of which
$515,000 for the equipment replacement program shall remain available
until September 30, 2010; and $1,900,000 for the museum's repair and
rehabilitation program and $1,264,000 for the museum's exhibition
design and production program shall remain available until expended.
Presidio Trust
presidio trust fund
For necessary expenses to carry out title I of the Omnibus Parks
and Public Lands Management Act of 1996, $18,450,000 shall be available
to the Presidio Trust, to remain available until expended.
White House Commission on the National Moment of Remembrance
salaries and expenses
For necessary expenses of the White House Commission on the
National Moment of Remembrance, $200,000.
TITLE IV
GENERAL PROVISIONS
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. 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. 404. 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. 405. None of the funds in this Act may be used to plan,
prepare, or offer for sale timber from trees classified as giant
sequoia (Sequoiadendron giganteum) which are located on National Forest
System or Bureau of Land Management lands in a manner different than
such sales were conducted in fiscal year 2007.
Sec. 406. (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, 2008, the Secretary of the Interior
shall file with the House and Senate Committees on Appropriations and
the Committee on 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. 407. Amounts deposited during fiscal year 2007 in the roads
and trails fund provided for in the 14th paragraph under the heading
``FOREST SERVICE'' of the Act of March 4, 1913 (37 Stat. 843; 16 U.S.C.
501), shall be used by the Secretary of Agriculture, without regard to
the State in which the amounts were derived, to repair or reconstruct
roads, bridges, and trails on National Forest System lands or to carry
out and administer projects to improve forest health conditions, which
may include the repair or reconstruction of roads, bridges, and trails
on National Forest System lands in the wildland-community interface
where there is an abnormally high risk of fire. The projects shall
emphasize reducing risks to human safety and public health and property
and enhancing ecological functions, long-term forest productivity, and
biological integrity. The projects may be completed in a subsequent
fiscal year. Funds shall not be expended under this section to replace
funds which would otherwise appropriately be expended from the timber
salvage sale fund. Nothing in this section shall be construed to exempt
any project from any environmental law.
Sec. 408. Prior to October 1, 2008, 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 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. 409. No timber sale in Region 10 shall be advertised if the
indicated rate is deficit when appraised using a residual value
approach that assigns domestic Alaska values for western redcedar.
Program accomplishments shall be based on volume sold. Should Region 10
sell, in the current fiscal year, the annual average portion of the
decadal allowable sale quantity called for in the current Tongass Land
Management Plan in sales which are not deficit when appraised using a
residual value approach that assigns domestic Alaska values for western
redcedar, all of the western redcedar timber from those sales which is
surplus to the needs of domestic processors in Alaska, shall be made
available to domestic processors in the contiguous 48 United States at
prevailing domestic prices. Should Region 10 sell, in the current
fiscal year, less than the annual average portion of the decadal
allowable sale quantity called for in the Tongass Land Management Plan
in sales which are not deficit when appraised using a residual value
approach that assigns domestic Alaska values for western redcedar, the
volume of western redcedar timber available to domestic processors at
prevailing domestic prices in the contiguous 48 United States shall be
that volume: (1) which is surplus to the needs of domestic processors
in Alaska; and (2) is that percent of the surplus western redcedar
volume determined by calculating the ratio of the total timber volume
which has been sold on the Tongass to the annual average portion of the
decadal allowable sale quantity called for in the current Tongass Land
Management Plan. The percentage shall be calculated by Region 10 on a
rolling basis as each sale is sold (for purposes of this amendment, a
``rolling basis'' shall mean that the determination of how much western
redcedar is eligible for sale to various markets shall be made at the
time each sale is awarded). Western redcedar shall be deemed ``surplus
to the needs of domestic processors in Alaska'' when the timber sale
holder has presented to the Forest Service documentation of the
inability to sell western redcedar logs from a given sale to domestic
Alaska processors at a price equal to or greater than the log selling
value stated in the contract. All additional western redcedar volume
not sold to Alaska or contiguous 48 United States domestic processors
may be exported to foreign markets at the election of the timber sale
holder. All Alaska yellow cedar may be sold at prevailing export prices
at the election of the timber sale holder.
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 countries
pursuant to the Wildfire Suppression Assistance Act (42 U.S.C. 1856m)
the Secretary of Agriculture and the Secretary of the Interior are
authorized to enter into reciprocal agreements in which the individuals
furnished under said agreements to provide wildfire services are
considered, for purposes of tort liability, employees of the country
receiving said services when the individuals are engaged in fire
suppression: Provided, That the Secretary of Agriculture or the
Secretary of the Interior shall not enter into any agreement under this
provision unless the foreign country (either directly or through its
fire organization) agrees to assume any and all liability for the acts
or omissions of American firefighters engaged in firefighting in a
foreign country: Provided further, That when an agreement is reached
for furnishing fire fighting services, the only remedies for acts or
omissions committed while fighting fires shall be those provided under
the laws of the host country, and those remedies shall be the exclusive
remedies for any claim arising out of fighting fires in a foreign
country: Provided further, That neither the sending country nor any
legal organization associated with the firefighter shall be subject to
any legal action whatsoever pertaining to or arising out of the
firefighter's role in fire suppression.
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. (a) Notwithstanding any other provision of law and
hereinafter, after September 30, 2006, the Indian Health Service may
not disburse funds for the provision of health care services pursuant
to Public Law 93-638 (25 U.S.C. 450 et seq.) to any Alaska Native
village or Alaska Native village corporation that is located within the
area served by an Alaska Native regional health entity.
(b) Nothing in this section shall be construed to prohibit the
disbursal of funds to any Alaska Native village or Alaska Native
village corporation under any contract or compact entered into prior to
May 1, 2006, or to prohibit the renewal of any such agreement.
(c) For the purpose of this section, Eastern Aleutian Tribes, Inc.
and the Council of Athabascan Tribal Governments shall be treated as
Alaska Native regional health entities to which funds may be disbursed
under this section.
Sec. 414. 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: Provided, That this provision shall not apply to funds
appropriated to implement the Everglades National Park Protection and
Expansion Act of 1989, or to funds appropriated for Federal assistance
to the State of Florida to acquire lands for Everglades restoration
purposes.
Sec. 415. (a) Limitation on Competitive Sourcing Studies.--
(1) Of the funds made available by this or any other Act to
the Department of the Interior for fiscal year 2008, not more
than $3,450,000 may be used by the Secretary of the Interior to
initiate or continue competitive sourcing studies in fiscal
year 2008 for programs, projects, and activities for which
funds are appropriated by this Act until such time as the
Secretary concerned submits a reprogramming proposal to the
Committees on Appropriations of the Senate and the House of
Representatives, and such proposal has been processed
consistent with the reprogramming guidelines included in the
report accompanying this Act.
(2) None of the funds available to the Forest Service may
be used in fiscal year 2008 for competitive sourcing studies
and related activities.
(b) Competitive Sourcing Study Defined.--In this section, the term
``competitive sourcing study'' means a study on subjecting work
performed by Federal Government employees or private contractors to
public-private competition or on converting the Federal Government
employees or the work performed by such employees to private contractor
performance under the Office of Management and Budget Circular A-76 or
any other administrative regulation, directive, or policy.
(c) Competitive Sourcing Exemption for Forest Service Studies
Conducted Prior to Fiscal Year 2006.--The Forest Service is hereby
exempted from implementing the Letter of Obligation and post-
competition accountability guidelines where a competitive sourcing
study involved 65 or fewer full-time equivalents, the performance
decision was made in favor of the agency provider, no net savings was
achieved by conducting the study, and the study was completed prior to
the date of this Act.
(d) In preparing any reports to the Committees on Appropriations on
competitive sourcing activities, agencies funded in this Act shall
include all costs attributable to conducting the competitive sourcing
competitions and staff work to prepare for competitions or to determine
the feasibility of starting competitions, including costs attributable
to paying outside consultants and contractors and, in accordance with
full cost accounting principles, all costs attributable to developing,
implementing, supporting, managing, monitoring, and reporting on
competitive sourcing, including personnel, consultant, travel, and
training costs associated with program management.
(e) In carrying out any competitive sourcing study involving
Department of the Interior employees, the Secretary of the Interior
shall--
(1) determine whether any of the employees concerned are
also qualified to participate in wildland fire management
activities; and
(2) take into consideration the effect that contracting
with a private sector source would have on the ability of the
Department of the Interior to effectively and efficiently fight
and manage wildfires.
Sec. 416. Section 331 of the Department of the Interior and Related
Agencies Appropriations Act, 2000 (as enacted into law by section
1000(a)(3) of Public Law 106-113; 113 Stat. 1501A-196; 16 U.S.C. 497
note), as amended, is amended--
(1) in subsection (a) by striking ``2006'' and inserting
``2008''; and
(2) in subsection (b) by striking ``2006'' and inserting
``2008''.
Sec. 417. Section 337(a) of the Department of the Interior and
Related Agencies Appropriations Act, 2005 (Public Law 108-447; 118
Stat. 3012) is amended by striking ``September 30, 2006'' and inserting
``September 30, 2008''.
Sec. 418. Section 321 of the Consolidated Appropriations Act, 2003,
as included in Public Law 108-7, is amended by striking ``September 30,
2007'' and inserting ``September 30, 2009''.
Sec. 419. Section 339 of division E of the Consolidated
Appropriations Act of 2005 as included in Public Law 108-447 is amended
by striking ``2005 through 2007'' and inserting ``2005 through 2010.''
Sec. 420. A permit fee collected during fiscal year 2007 by the
Secretary of Agriculture under the Act of March 4, 1915 (16 U.S.C. 497)
for a marina on the Shasta-Trinity National Forest shall be deposited
in a special account in the Treasury established for the Secretary of
Agriculture, and shall remain available to the Secretary of Agriculture
until expended, without further appropriation, for purposes stated in
section 808(a)(3)(A-D) of title VIII of division J of Public Law 108-
447 (16 U.S.C. 6807), and for direct operating or capital costs
associated with the issuance of a marina permit.
Sec. 421. The Forest Service shall allocate to the Regions of the
Forest Service, $40,000,000 from the current balance in the ``timber
roads purchaser election fund'', to remain available until expended,
for the following purposes: vegetative treatments in timber stands at
high risk of fire due to insect, disease, or drought; road work in
support of vegetative treatments to support forest health objectives;
and maintaining infrastructure for the processing of woody fiber in
Regions where it is critical to sustaining local economies and
fulfilling the forest health objectives of the Forest Service.
Sec. 422. (a) Authorization.--To offset Federal acquisition of the
Elkhorn Ranch in Medora, North Dakota, the Secretary of Agriculture
(`Secretary') shall sell 5,200 acres, of National Forest System lands
in Billings County, North Dakota.
(b) Land Sales.--
(1) The Secretary may prescribe reservations, terms, and
conditions of sale, and may configure the descriptions of the
lands subject to sale in order to enhance marketability or for
management purposes;
(2) Land shall be sold for cash in an amount no less than
market value as determined by appraisal or competitive sale;
(3) The Secretary may reject any offer made under this
section if the Secretary determines, in his absolute
discretion, that the offer is not adequate or not in the public
interest;
(4) Under such terms, conditions, and procedures as the
Secretary may prescribe, any base property landowner holding a
current permit to graze any land authorized for sale under this
section shall have a non-assignable first right to buy the
land, provided the right is exercised within 6 months of an
offer from the Secretary;
(5) The Secretary may utilize brokers or other third
parties in the sale of land and, from the proceeds of the sale,
may pay reasonable commissions or fees for services rendered.
(c) Receipts.--From receipts from the sale of lands authorized by
this section, the Secretary shall first cover direct expenses incurred
in sale, and any remaining receipts shall be deposited into the fund
established by the Act of December 4, 1967, commonly known as the Sisk
Act (16 U.S.C. 484a), to be available until expended, for acquisitions
of National Forest System lands in North Dakota with priority given to
lands for which funds have heretofore been appropriated for purchase.
Funds so deposited in the Sisk Act fund shall not be subject to
transfer or reprogramming for wildland fire management or any other
emergency purposes.
(d) Land Transfers.--
(1) It is the intent of Congress that the acreage acquired
into Federal ownership as a result of the acquisition of
Elkhorn Ranch shall be offset by the sale of an equal amount of
Federal land. The lands to be conveyed from Federal ownership
are to be conveyed from fiscal years 2007 through 2009, and are
to be at least equal in acreage to the ranch land acquired by
the Forest Service. There will be no net gain in federally
owned land in North Dakota as a result of these land
conveyances.
(e) Limitations.--
(1) In the sale or conveyance of any land authorized by
this section, the Secretary shall not be required to conduct
additional environmental analysis, including heritage resource
analysis and no sale, offer to sell, or conveyance shall be
subject to administrative appeal.
(2) The requirement of this section for offset of the
amount of lands acquired and the amount of lands sold or
conveyed shall apply only to the Elkhorn Ranch acquisition and
does not apply to any other Federal land acquisitions
authorized by law.
(3) The lease terms on the Elkhorn Ranch shall remain in
effect until December 31, 2009. At which time the Federal land
grazing use shall be managed through the grazing agreement
between the Medora Grazing Association and the Forest Service
as of the date of the enactment of this bill. The Animal Unit
Months (AUMs) for both Federal and private lands encompassing
the Elkhorn Ranch shall become part of the grazing agreement
held by Medora Grazing Association to be reallocated to its
members in accordance with their rules in effect as of the date
of this bill.
(4) The multiple uses of the acquired Elkhorn Ranch site
shall continue.
(f) This section shall take effect as of the date of enactment of
this Act.
Sec. 423. In fiscal year 2008, The Forest Service shall not change
the eligibility requirements for base property, and livestock ownership
as they relate to leasing of base property and shared livestock
agreements for grazing permits on the Dakota Prairie Grasslands that
were in effect as of July 18, 2005.
Sec. 424. Notwithstanding the provisions of section 35(b) of the
Mineral Leasing Act, as amended (30 U.S.C. 191(b)), before disbursing a
payment to a State, the Secretary shall deduct 2 percent from the
amount payable to that State and deposit the amount deducted to
miscellaneous receipts of the United States Treasury.
Sec. 425. The Arts and Artifacts Indemnity Act (Public Law 94-158)
is amended--
(1) in section 3(a) by striking ``(B) the exhibition of
which is'' and inserting in lieu thereof ``(B) in the case of
international exhibitions,''; and
(2) in section 5(b), by inserting before the period ``for
international exhibitions, and $5,000,000,000 at any one time
for domestic exhibitions''; and
(3) in section 5(c), by inserting before the period ``for
international exhibitions, or $750,000,000 for domestic
exhibitions''.
Sec. 426. In accordance with authorities available in section 428,
of Public Law 109-54, the Secretary of Agriculture and the Secretary of
the Interior shall execute an agreement that transfers management and
oversight of the Great Onyx, Harper's Ferry, and Oconaluftee Job Corps
Centers to the Forest Service. These Job Corps centers shall continue
to be administered as described in section 147(c) of Public Law 105-
220, Workforce Investment Act of 1998.
Sec. 427. The United States Department of Agriculture, Forest
Service shall seek to enter into alternative dispute resolution or
mediation with the parties in Sierra Forest Legacy, et al v. Weingardt,
et al, Civil No. C 07-2646, and Sierra Club, et al v. Bosworth, et al,
Civil No. C 05-00397, regarding harvest operations outside of the Giant
Sequoia National Monument in relation to the decisions approving the
Revised Ice Timber Sale and Fuels Reduction Project and the Frog
Project, and taking into account the terms of the contracts for those
projects, and in relation to the Record of Decision for the Kings River
Project, and as appropriate in regard to other disputed fuel reduction
projects in the area.
Sec. 428. Section 636 of division A of the Treasury, Postal
Service, and General Government Appropriations Act, 1997 (5 U.S.C.
prec. 5941 note; Public Law 104-208), is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``or'';
(B) in paragraph (2), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(3) a temporary fire line supervisor.''; and
(2) in subsection (c)--
(A) in paragraph (3), by striking ``, and'' and
inserting a semicolon;
(B) in paragraph (4)(B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(5) the term `temporary fire line supervisor' means an
employee of the Department of the Interior or the Forest
Service, the duties of which include temporary supervision to
manage a wildland or managed fire, including an employee that
is--
``(A) a type 1, 2, or 3 incident commander;
``(B) an operations section chief;
``(C) a division group supervisor;
``(D) a fire use manager; or
``(E) a prescribed fire manager or burn boss.''.
This Act may be cited as the ``Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2008''.
Calendar No. 221
110th CONGRESS
1st Session
S. 1696
[Report No. 109-91]
_______________________________________________________________________
A BILL
Making appropriations for the Department of the Interior, environment,
and related agencies for the fiscal year ending June 30, 2008, and for
other purposes.
_______________________________________________________________________
June 26, 2007
Read twice and placed on the calendar