An amendment numbered 1 printed in part C of House Report 111-184 to strike $1 million in funding for the `Restore Good Fellow Lodge, Indiana Dunes National Lakeshore' and reduce the overall cost of the bill by a commensurate amount.

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

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

{time}  2105

In the Committee of the Whole

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

[[Page H7402]]

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

{time}  2115

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

[[Page H7403]]

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

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

[[Page H7404]]

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

Protection Agency,

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

Hon. Todd Tiahrt,
Rayburn House Office Building,
Washington DC.
Dear Representative Tiahrt: Representative Boyda requested
funding for Riley Co. for the Konza sewer main extension in a
letter to the Chairmen Obey dated March 14, 2008. By the time
that grant was authorized, the sewer project was nearly
completed.
EPA does not normally approve construction completed before
a grant is awarded because the procurement action would not
comply with EPA grant regulations. If the grantee has
additional water or wastewater construction pending, we
prefer to direct the grant funds to a pending project. We
discussed this with the County and suggested that they
contact Representative Jenkins office to request a technical
correction so that the grant could be used to fund the
construction of the Konza waterline extension project. Since
the County and the City of Manhattan are sharing costs on the
project, and since Manhattan has agreed to do the contracting
for the water line, I also suggested that the grant name be
changed from Riley Co. to the City of Manhattan so that EPA
could award the grant funds directly to Manhattan.
Although these changes are a Congressional decision, EPA
does support using the funds for the waterline project, so
that an area adjacent to Manhattan which currently has an
inadequate source of drinking water, can receive high quality
drinking water from Manhattan to help protect the public
health of those living in the Konza area.
Please do not hesitate to contact me at (913) 551-7417 or

[email protected]
if you have any questions or need
additional information.
Sincerely,
Donald E. Gibbins,
EPA Grant Project Officer, Wastewater & Infrastructure
Management Branch, Water, Wetlands & Pesticides Division.
Mr. DICKS. Will the gentleman yield?
Mr. TIAHRT. I would be glad to yield.
Mr. DICKS. It is my understanding the community went forward with the
necessary work in light of the Federal delay and now would like to use
the money for a waterline. Is that correct?
Mr. TIAHRT. It is correct. My fellow Kansan, the distinguished Member
of the 2nd District of Congress, Ms. Lynn Jenkins, has worked hard on
this issue. It is a critical need of her constituents. The region is
experiencing high growth due to the ongoing troop buildup at Fort Riley
with the return of the Big Red One.
The City of Manhattan, Kansas, and Riley County are cooperating to
provide municipal-level services along the K-177 corridor near Fort
Riley. Strong interest has been expressed in the area by the
development community, and there have been limitations on future growth
on Manhattan's west side.
The 2003 update of the Manhattan Urban Area Comprehensive Plan, which
was a joint planning initiative with the city and the county,
specifically identifies the K-177 gateway area as a potential urban
growth corridor if municipal level services are provided. That's why
the city could not wait on the sewer line project. It is already
underway and being managed by the county.
The city will be responsible for the design, bidding, and overseeing
of the water project. The cost of both the water and sewer projects
will be shared by the Federal Government, the city of Manhattan, and
Riley County.
Clearly, it was congressional intent that Manhattan's needs be
funded. I understand the committee is not making technical corrections
on EPA projects in this bill and is working out a new policy to do so
in the future.

{time}  2130

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

[[Page H7405]]

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

[[Page H7406]]

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

Jones Academy

Introduction

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

Student Population

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

Academics

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

Medical

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

Counseling

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

Recreation/Activities

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

Enrichment Program

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

Other Services

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

Location and History

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

Student Body

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

Facilities/Physical Resources

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

Academic Program

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

Cultural/Recreational Activities

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

Medical Services

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

Student Activities

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

[[Page H7407]]

Six Flags, Frontier City Trips

Residential Program

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

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

{time}  2145

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

[[Page H7408]]

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

[[Page H7409]]

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

{time}  2200

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

[[Page H7410]]

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

H.R. 2996

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

TITLE I--DEPARTMENT OF THE INTERIOR

Bureau of Land Management

management of lands and resources

For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification,
acquisition of easements and other interests in lands, and
performance of other functions, including maintenance of
facilities, as authorized by law, in the management of lands
and their resources under the jurisdiction of the Bureau of
Land Management, including the general administration of the
Bureau, and assessment of mineral potential of public lands
pursuant to Public Law 96-487 (16 U.S.C. 3150(a)),
$950,496,000, to remain available until expended; and of
which $3,000,000 shall be available in fiscal year 2010
subject to a match by at least an equal amount by the
National Fish and Wildlife Foundation for cost-shared
projects supporting conservation of Bureau lands; and such
funds shall be advanced to the Foundation as a lump sum grant
without regard to when expenses are incurred.

Part A Amendment No. 1 Offered by Mr. Dicks

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

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

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

[[Page H7411]]

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

{time}  2215

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

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

construction

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

land acquisition

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

oregon and california grant lands

For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other
improvements on the revested Oregon and California Railroad
grant lands, on other Federal lands in the Oregon and
California land-grant counties of Oregon, and on adjacent
rights-of-way; and acquisition of lands or interests therein,
including existing connecting roads on or adjacent to such
grant lands; $111,557,000, to remain available until
expended: Provided, That 25 percent of the aggregate of all
receipts during the current fiscal year from the revested
Oregon and California Railroad grant lands is hereby made a
charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in
accordance with the second paragraph of subsection (b) of
title II of the Act of August 28, 1937 (50 Stat. 876).

forest ecosystem health and recovery fund

(revolving fund, special account)

In addition to the purposes authorized in Public Law 102-
381, funds made available in the Forest Ecosystem Health and
Recovery Fund can be used through fiscal year 2015 for the
purpose of planning, preparing, implementing and monitoring
salvage timber sales and forest ecosystem health and recovery
activities, such as release from competing vegetation and
density control treatments. The Federal share of receipts
(defined as the portion of salvage timber receipts not paid
to the counties under 43 U.S.C. 1181f and 43 U.S.C. 1181f-1
et seq., and Public Law 106-393) derived from treatments
funded by this account shall be deposited through fiscal year
2015 into the Forest Ecosystem Health and Recovery Fund.

range improvements

For rehabilitation, protection, and acquisition of lands
and interests therein, and improvement of Federal rangelands
pursuant to section 401 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701), notwithstanding any
other Act, sums equal to 50 percent of all moneys received
during the prior fiscal year under sections 3 and 15 of the
Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount
designated for range improvements from grazing fees and
mineral leasing receipts from Bankhead-Jones lands
transferred to the Department of the Interior pursuant to
law, but not less than $10,000,000, to remain available until
expended: Provided, That not to exceed $600,000 shall be
available for administrative expenses.

service charges, deposits, and forfeitures

For administrative expenses and other costs related to
processing application documents and other authorizations for
use and disposal of public lands and resources, for costs of
providing copies of official public land documents, for
monitoring construction, operation, and termination of
facilities in conjunction with use authorizations, and for
rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579, as amended, and Public Law
93-153, to remain available until expended: Provided, That,
notwithstanding any provision to the contrary of section
305(a) of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys
that have been or will be received pursuant to that section,
whether as a result of forfeiture, compromise, or settlement,
if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be
expended under the authority of this Act by the Secretary to
improve, protect, or rehabilitate any public lands
administered through the Bureau of Land Management which have
been damaged by the action of a resource developer,
purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action
are used on the exact lands damaged which led to the action:
Provided further, That any such moneys that are in excess of
amounts needed to repair damage to the exact land for which
funds were collected may be used to repair other damaged
public lands.

miscellaneous trust funds

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

[[Page H7412]]

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

administrative provisions

Appropriations for the Bureau of Land Management (BLM)
shall be available for purchase, erection, and dismantlement
of temporary structures, and alteration and maintenance of
necessary buildings and appurtenant facilities to which the
United States has title; up to $100,000 for payments, at the
discretion of the Secretary, for information or evidence
concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to
exceed $10,000: Provided, That notwithstanding 44 U.S.C. 501,
the Bureau may, under cooperative cost-sharing and
partnership arrangements authorized by law, procure printing
services from cooperators in connection with jointly produced
publications for which the cooperators share the cost of
printing either in cash or in services, and the Bureau
determines the cooperator is capable of meeting accepted
quality standards: Provided further, That projects to be
funded pursuant to a written commitment by a State government
to provide an identified amount of money in support of the
project may be carried out by the Bureau on a reimbursable
basis.

United States Fish and Wildlife Service

resource management

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

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

construction

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

land acquisition

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

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

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

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

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

[[Page H7413]]

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

cooperative endangered species conservation fund

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

national wildlife refuge fund

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

north american wetlands conservation fund

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

neotropical migratory bird conservation

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

multinational species conservation fund

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

state and tribal wildlife grants

For wildlife conservation grants to States and to the
District of Columbia, Puerto Rico, Guam, the United States
Virgin Islands, the Northern Mariana Islands, American Samoa,
and federally recognized Indian tribes under the provisions
of the Fish and Wildlife Act of 1956 and the Fish and
Wildlife Coordination Act, for the development and
implementation of programs for the benefit of wildlife and
their habitat, including species that are not hunted or
fished, $115,000,000, to remain available until expended:
Provided, That of the amount provided herein, $7,000,000 is
for a competitive grant program for federally recognized
Indian tribes not subject to the remaining provisions of this
appropriation: Provided further, That $5,000,000 is for a
competitive grant program for States, territories, and other
jurisdictions with approved plans, not subject to the
remaining provisions of this appropriation: Provided further,
That up to $20,000,000 is for incorporating wildlife
adaptation strategies and actions to address the impacts of
climate change into State Wildlife Action plans and
implementing these adaptation actions: Provided further, That
the Secretary shall, after deducting $32,000,000 and
administrative expenses, apportion the amount provided herein
in the following manner: (1) to the District of Columbia and
to the Commonwealth of Puerto Rico, each a sum equal to not
more than one-half of 1 percent thereof; and (2) to Guam,
American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands, each a sum
equal to not more than one-fourth of 1 percent thereof:
Provided further, That the Secretary shall apportion the
remaining amount in the following manner: (1) one-third of
which is based on the ratio to which the land area of such
State bears to the total land area of all such States; and
(2) two-thirds of which is based on the ratio to which the
population of such State bears to the total population of all
such States: Provided further, That the amounts apportioned
under this paragraph shall be adjusted equitably so that no
State shall be apportioned a sum which is less than 1 percent
of the amount available for apportionment under this
paragraph for any fiscal year or more than 5 percent of such
amount: Provided further, That the Federal share of planning
grants shall not exceed 75 percent of the total costs of such
projects and the Federal share of implementation grants shall
not exceed 75 percent of the total costs of such projects:
Provided further, That the non-Federal share of such projects
may not be derived from Federal grant programs: Provided
further, That no State, territory, or other jurisdiction
shall receive a grant if its comprehensive wildlife
conservation plan is disapproved and such funds that would
have been distributed to such State, territory, or other
jurisdiction shall be distributed equitably to States,
territories, and other jurisdictions with approved plans:
Provided further, That any amount apportioned in 2010 to any
State, territory, or other jurisdiction that remains
unobligated as of September 30, 2011, shall be reapportioned,
together with funds appropriated in 2012, in the manner
provided herein.

administrative provisions

Appropriations and funds available to the United States
Fish and Wildlife Service shall be available for repair of
damage to public roads within and adjacent to reservation
areas caused by operations of the Service; options for the
purchase of land at not to exceed $1 for each option;
facilities incident to such public recreational uses on
conservation areas as are consistent with their primary
purpose; and the maintenance and improvement of aquaria,
buildings, and other facilities under the jurisdiction of the
Service and to which the United States has title, and which
are used pursuant to law in connection with management, and
investigation of fish and wildlife resources: Provided, That
notwithstanding 44 U.S.C. 501, the Service may, under
cooperative cost sharing and partnership arrangements
authorized by law, procure printing services from cooperators
in connection with jointly produced publications for which
the cooperators share at least one-half the cost of printing
either in cash or services and the Service determines the
cooperator is capable of meeting accepted quality standards:
Provided further, That, notwithstanding any other provision
of law, the Service may use up to $2,000,000 from funds
provided for contracts for employment-related legal services:
Provided further, That the Service may accept donated
aircraft as replacements for existing aircraft.

National Park Service

operation of the national park system

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

park partnership project grants

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

[[Page H7414]]

national recreation and preservation

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

historic preservation fund

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

construction

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

land and water conservation fund

(rescission)

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

land acquisition and state assistance

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

administrative provisions

In addition to other uses set forth in section 407(d) of
Public Law 105-391, franchise fees credited to a sub-account
shall be available for expenditure by the Secretary, without
further appropriation, for use at any unit within the
National Park System to extinguish or reduce liability for
Possessory Interest or leasehold surrender interest. Such
funds may only be used for this purpose to the extent that
the benefiting unit anticipated franchise fee receipts over
the term of the contract at that unit exceed the amount of
funds used to extinguish or reduce liability. Franchise fees
at the benefiting unit shall be credited to the sub-account
of the originating unit over a period not to exceed the term
of a single contract at the benefiting unit, in the amount of
funds so expended to extinguish or reduce liability.
For the costs of administration of the Land and Water
Conservation Fund grants authorized by section 105(a)(2)(B)
of the Gulf of Mexico Energy Security Act of 2006 (Public Law
109-432), the National Park Service may retain up to 3
percent of the amounts which are authorized to be disbursed
under such section, such retained amounts to remain available
until expended.
National Park Service funds may be transferred to the
Federal Highway Administration (FHWA), Department of
Transportation, for purposes authorized under 23 U.S.C. 204.
Transfers may include a reasonable amount for FHWA
administrative support costs.

United States Geological Survey

surveys, investigations, and research

For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research
covering topography, geology, hydrology, biology, and the
mineral and water resources of the United States, its
territories and possessions, and other areas as authorized by
43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to
power permittees and Federal Energy Regulatory Commission
licensees; administer the minerals exploration program (30
U.S.C. 641); conduct inquiries into the economic conditions
affecting mining and materials processing industries (30
U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related
purposes as authorized by law; and to publish and disseminate
data relative to the foregoing activities; $1,105,744,000, to
remain available until September 30, 2011, of which
$65,561,000 shall be available only for cooperation with
States or municipalities for water resources investigations;
of which $40,150,000 shall remain available until expended
for satellite operations; and of which $7,321,000 shall be
available until expended for deferred maintenance and capital
improvement projects that exceed $100,000 in cost and of
which $2,000,000 shall be available for the United States
Geological Survey to fund the operating expenses for the
Civil Applications Committee: Provided, That none of the
funds provided for the biological research activity shall be
used to conduct new surveys on private property, unless
specifically authorized in writing by the property owner:
Provided further, That no part of this appropriation shall be
used to pay more than one-half the cost of topographic
mapping or water resources data collection and investigations
carried on in cooperation with States and municipalities.

administrative provisions

From within the amount appropriated for activities of the
United States Geological Survey such sums as are necessary
shall be available for reimbursement to the General Services
Administration for security guard services; contracting for
the furnishing of topographic maps and for the making of
geophysical or other specialized surveys when it is
administratively determined that such procedures are in the
public interest; construction and maintenance of necessary
buildings and appurtenant facilities; acquisition of lands
for gauging stations and observation wells; expenses of the
United States National Committee on Geology; and payment of
compensation and expenses of persons on the rolls of the
Survey duly appointed to represent the United States in the
negotiation and administration of interstate compacts:
Provided, That activities funded by appropriations herein
made may be accomplished through the use of contracts,
grants, or cooperative agreements as defined in 31 U.S.C.
6302 et seq.: Provided further, That the United States
Geological Survey may enter into contracts or cooperative
agreements directly with individuals or indirectly with
institutions or nonprofit organizations, without regard to 41
U.S.C. 5, for the temporary or intermittent services of
students or recent graduates, who shall be considered
employees for the purpose of chapters 57 and 81 of title 5,
United States Code, relating to compensation for travel and
work injuries, and chapter 171 of title 28, United States
Code, relating to tort claims, but shall not be considered to
be Federal employees for any other purposes.

Minerals Management Service

royalty and offshore minerals management

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

oil spill research

For necessary expenses to carry out title I, section 1016,
title IV, sections 4202 and 4303, title VII, and title VIII,
section 8201 of the Oil Pollution Act of 1990, $6,303,000,
which shall be derived from the Oil Spill Liability Trust
Fund, to remain available until expended.

administrative provision

Notwithstanding the provisions of section 35(b) of the
Mineral Leasing Act, as amended (30 U.S.C. 191(b)), the
Secretary shall deduct 2 percent from the amount payable to
each

[[Page H7415]]

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

Office of Surface Mining Reclamation and Enforcement

regulation and technology

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

abandoned mine reclamation fund

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

administrative provision

With funds available for the Technical Innovation and
Professional Services program in this Act, the Secretary may
transfer title for computer hardware, software and other
technical equipment to State and tribal regulatory and
reclamation programs.

Bureau of Indian Affairs

operation of indian programs

(including transfer of funds)

For expenses necessary for the operation of Indian
programs, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13), the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
450 et seq.), as amended, the Education Amendments of 1978
(25 U.S.C. 2001-2019), and the Tribally Controlled Schools
Act of 1988 (25 U.S.C. 2501 et seq.), as amended,
$2,300,099,000, to remain available until September 30, 2011
except as otherwise provided herein; of which not to exceed
$8,500 may be for official reception and representation
expenses; of which not to exceed $74,915,000 shall be for
welfare assistance payments: Provided, That in cases of
designated Federal disasters, the Secretary may exceed such
cap, from the amounts provided herein, to provide for
disaster relief to Indian communities affected by the
disaster; and of which, notwithstanding any other provision
of law, including but not limited to the Indian Self-
Determination Act of 1975, as amended, not to exceed
$159,084,000 shall be available for payments for contract
support costs associated with ongoing contracts, grants,
compacts, or annual funding agreements entered into with the
Bureau prior to or during fiscal year 2010, as authorized by
such Act, except that federally recognized tribes, and tribal
organizations of federally recognized tribes, may use their
tribal priority allocations for unmet contract support costs
of ongoing contracts, grants, or compacts, or annual funding
agreements and for unmet welfare assistance costs; of which
not to exceed $568,702,000 for school operations costs of
Bureau-funded schools and other education programs shall
become available on July 1, 2010, and shall remain available
until September 30, 2011; and of which not to exceed
$59,895,000 shall remain available until expended for housing
improvement, road maintenance, attorney fees, litigation
support, the Indian Self-Determination Fund, land records
improvement, and the Navajo-Hopi Settlement Program: Provided
further, That notwithstanding any other provision of law,
including but not limited to the Indian Self-Determination
Act of 1975, as amended, and 25 U.S.C. 2008, not to exceed
$43,373,000 within and only from such amounts made available
for school operations shall be available for administrative
cost grants associated with ongoing grants entered into with
the Bureau prior to or during fiscal year 2009 for the
operation of Bureau-funded schools, and up to $500,000 within
and only from such amounts made available for administrative
cost grants shall be available for the transitional costs of
initial administrative cost grants to grantees that assume
operation on or after July 1, 2009, of Bureau-funded schools:
Provided further, That any forestry funds allocated to a
federally recognized tribe which remain unobligated as of
September 30, 2011, may be transferred during fiscal year
2012 to an Indian forest land assistance account established
for the benefit of the holder of the funds within the
holder's trust fund account: Provided further, That any such
unobligated balances not so transferred shall expire on
September 30, 2012: Provided further, That in order to
enhance the safety of Bureau field employees, the Bureau may
use funds to purchase uniforms or other identifying articles
of clothing for personnel.

construction

(including transfer of funds)

For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services
by contract; acquisition of lands, and interests in lands;
and preparation of lands for farming, and for construction of
the Navajo Indian Irrigation Project pursuant to Public Law
87-483, $200,000,000, to remain available until expended:
Provided, That such amounts as may be available for the
construction of the Navajo Indian Irrigation Project may be
transferred to the Bureau of Reclamation: Provided further,
That not to exceed 6 percent of contract authority available
to the Bureau of Indian Affairs from the Federal Highway
Trust Fund may be used to cover the road program management
costs of the Bureau: Provided further, That any funds
provided for the Safety of Dams program pursuant to 25 U.S.C.
13 shall be made available on a nonreimbursable basis:
Provided further, That for fiscal year 2010, in implementing
new construction or facilities improvement and repair project
grants in excess of $100,000 that are provided to grant
schools under Public Law 100-297, as amended, the Secretary
of the Interior shall use the Administrative and Audit
Requirements and Cost Principles for Assistance Programs
contained in 43 CFR part 12 as the regulatory requirements:
Provided further, That such grants shall not be subject to
section 12.61 of 43 CFR; the Secretary and the grantee shall
negotiate and determine a schedule of payments for the work
to be performed: Provided further, That in considering grant
applications, the Secretary shall consider whether such
grantee would be deficient in assuring that the construction
projects conform to applicable building standards and codes
and Federal, tribal, or State health and safety standards as
required by 25 U.S.C. 2005(b), with respect to organizational
and financial management capabilities: Provided further, That
if the Secretary declines a grant application, the Secretary
shall follow the requirements contained in 25 U.S.C. 2504(f):
Provided further, That any disputes between the Secretary and
any grantee concerning a grant shall be subject to the
disputes provision in 25 U.S.C. 2507(e): Provided further,
That in order to ensure timely completion of construction
projects, the Secretary may assume control of a project and
all funds related to the project, if, within eighteen months
of the date of enactment of this Act, any grantee receiving
funds appropriated in this Act or in any prior Act, has not
completed the planning and design phase of the project and
commenced construction: Provided further, That this
appropriation may be reimbursed from the Office of the
Special Trustee for American Indians appropriation for the
appropriate share of construction costs for space expansion
needed in agency offices to meet trust reform implementation.

indian land and water claim settlements and miscellaneous payments to
indians

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

indian guaranteed loan program account

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

indian land consolidation

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

administrative provisions

The Bureau of Indian Affairs may carry out the operation of
Indian programs by direct expenditure, contracts, cooperative
agreements, compacts and grants, either directly or in
cooperation with States and other organizations.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs
may contract for services in support of the management,
operation, and maintenance of the Power Division of the San
Carlos Irrigation Project.
Appropriations for the Bureau of Indian Affairs (except the
Revolving Fund for Loans Liquidating Account, Indian Loan
Guaranty and Insurance Fund Liquidating Account, Indian
Guaranteed Loan Financing Account, Indian Direct Loan
Financing Account, and the Indian Guaranteed Loan Program
Account) shall be available for expenses of exhibits.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
oversight and Executive Direction and Administrative Services
(except executive direction and administrative services
funding for Tribal Priority Allocations, regional offices,
and facilities operations and maintenance) shall be available
for contracts, grants, compacts, or cooperative agreements
with the Bureau of Indian Affairs under the provisions of the
Indian Self-Determination Act or the Tribal

[[Page H7416]]

Self-Governance Act of 1994 (Public Law 103-413).
In the event any federally recognized tribe returns
appropriations made available by this Act to the Bureau of
Indian Affairs, this action shall not diminish the Federal
Government's trust responsibility to that tribe, or the
government-to-government relationship between the United
States and that tribe, or that tribe's ability to access
future appropriations.
Notwithstanding any other provision of law, no funds
available to the Bureau, other than the amounts provided
herein for assistance to public schools under 25 U.S.C. 452
et seq., shall be available to support the operation of any
elementary or secondary school in the State of Alaska.
Appropriations made available in this or any other Act for
schools funded by the Bureau shall be available only to the
schools in the Bureau school system as of September 1, 1996.
No funds available to the Bureau shall be used to support
expanded grades for any school or dormitory beyond the grade
structure in place or approved by the Secretary of the
Interior at each school in the Bureau school system as of
October 1, 1995. Funds made available under this Act may not
be used to establish a charter school at a Bureau-funded
school (as that term is defined in section 1146 of the
Education Amendments of 1978 (25 U.S.C. 2026)), except that a
charter school that is in existence on the date of the
enactment of this Act and that has operated at a Bureau-
funded school before September 1, 1999, may continue to
operate during that period, but only if the charter school
pays to the Bureau a pro rata share of funds to reimburse the
Bureau for the use of the real and personal property
(including buses and vans), the funds of the charter school
are kept separate and apart from Bureau funds, and the Bureau
does not assume any obligation for charter school programs of
the State in which the school is located if the charter
school loses such funding. Employees of Bureau-funded schools
sharing a campus with a charter school and performing
functions related to the charter schools operation and
employees of a charter school shall not be treated as Federal
employees for purposes of chapter 171 of title 28, United
States Code.
Notwithstanding any other provision of law, including
section 113 of title I of appendix C of Public Law 106-113,
if in fiscal year 2003 or 2004 a grantee received indirect
and administrative costs pursuant to a distribution formula
based on section 5(f) of Public Law 101-301, the Secretary
shall continue to distribute indirect and administrative cost
funds to such grantee using the section 5(f) distribution
formula.

Departmental Offices

Office of the Secretary

salaries and expenses

For necessary expenses for management of the Department of
the Interior, $118,836,000; of which $12,136,000 for
consolidated appraisal services is to be derived from the
Land and Water Conservation Fund and shall remain available
until expended; of which not to exceed $15,000 may be for
official reception and representation expenses; and of which
up to $1,000,000 shall be available for workers compensation
payments and unemployment compensation payments associated
with the orderly closure of the United States Bureau of
Mines: Provided, That for fiscal year 2010 up to $400,000 of
the payments authorized by the Act of October 20, 1976, as
amended (31 U.S.C. 6901-6907) may be retained for
administrative expenses of the Payments in Lieu of Taxes
Program: Provided further, That no payment shall be made
pursuant to that Act to otherwise eligible units of local
government if the computed amount of the payment is less than
$100.

Insular Affairs

assistance to territories

For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior,
$83,995,000, of which: (1) $74,715,000 shall remain available
until expended for technical assistance, including
maintenance assistance, disaster assistance, insular
management controls, coral reef initiative activities, and
brown tree snake control and research; grants to the
judiciary in American Samoa for compensation and expenses, as
authorized by law (48 U.S.C. 1661(c)); grants to the
Government of American Samoa, in addition to current local
revenues, for construction and support of governmental
functions; grants to the Government of the Virgin Islands as
authorized by law; grants to the Government of Guam, as
authorized by law; and grants to the Government of the
Northern Mariana Islands as authorized by law (Public Law 94-
241; 90 Stat. 272); and (2) $9,280,000 shall be available
until September 30, 2011 for salaries and expenses of the
Office of Insular Affairs: Provided, That all financial
transactions of the territorial and local governments herein
provided for, including such transactions of all agencies or
instrumentalities established or used by such governments,
may be audited by the Government Accountability Office, at
its discretion, in accordance with chapter 35 of title 31,
United States Code: Provided further, That Northern Mariana
Islands Covenant grant funding shall be provided according to
those terms of the Agreement of the Special Representatives
on Future United States Financial Assistance for the Northern
Mariana Islands approved by Public Law 104-134: Provided
further, That of the amounts provided for technical
assistance, sufficient funds shall be made available for a
grant to the Pacific Basin Development Council: Provided
further, That of the amounts provided for technical
assistance, sufficient funding shall be made available for a
grant to the Close Up Foundation: Provided further, That the
funds for the program of operations and maintenance
improvement are appropriated to institutionalize routine
operations and maintenance improvement of capital
infrastructure with territorial participation and cost
sharing to be determined by the Secretary based on the
grantee's commitment to timely maintenance of its capital
assets: Provided further, That any appropriation for disaster
assistance under this heading in this Act or previous
appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant
to section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c).

compact of free association

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

Administrative Provisions

(including transfer of funds)

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

Office of the Solicitor

salaries and expenses

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

Office of Inspector General

salaries and expenses

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

Office of the Special Trustee for American Indians

federal trust programs

(including transfer of funds)

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

[[Page H7417]]

Department-Wide Programs

wildland fire management

(including transfers of funds)

For necessary expenses for fire preparedness, suppression
operations, fire science and research, emergency
rehabilitation, hazardous fuels reduction, and rural fire
assistance by the Department of the Interior, $932,780,000,
to remain available until expended, of which not to exceed
$6,137,000 shall be for the renovation or construction of
fire facilities: Provided, That such funds are also available
for repayment of advances to other appropriation accounts
from which funds were previously transferred for such
purposes: Provided further, That persons hired pursuant to 43
U.S.C. 1469 may be furnished subsistence and lodging without
cost from funds available from this appropriation: Provided
further, That notwithstanding 42 U.S.C. 1856d, sums received
by a bureau or office of the Department of the Interior for
fire protection rendered pursuant to 42 U.S.C. 1856 et seq.,
protection of United States property, may be credited to the
appropriation from which funds were expended to provide that
protection, and are available without fiscal year limitation:
Provided further, That using the amounts designated under
this title of this Act, the Secretary of the Interior may
enter into procurement contracts, grants, or cooperative
agreements, for hazardous fuels reduction activities, and for
training and monitoring associated with such hazardous fuels
reduction activities, on Federal land, or on adjacent non-
Federal land for activities that benefit resources on Federal
land: Provided further, That the costs of implementing any
cooperative agreement between the Federal Government and any
non-Federal entity may be shared, as mutually agreed on by
the affected parties: Provided further, That notwithstanding
requirements of the Competition in Contracting Act, the
Secretary, for purposes of hazardous fuels reduction
activities, may obtain maximum practicable competition among:
(1) local private, nonprofit, or cooperative entities; (2)
Youth Conservation Corps crews, Public Lands Corps (Public
Law 109-154), or related partnerships with State, local, or
non-profit youth groups; (3) small or micro-businesses; or
(4) other entities that will hire or train locally a
significant percentage, defined as 50 percent or more, of the
project workforce to complete such contracts: Provided
further, That in implementing this section, the Secretary
shall develop written guidance to field units to ensure
accountability and consistent application of the authorities
provided herein: Provided further, That funds appropriated
under this head may be used to reimburse the United States
Fish and Wildlife Service and the National Marine Fisheries
Service for the costs of carrying out their responsibilities
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) to consult and conference, as required by section 7 of
such Act, in connection with wildland fire management
activities: Provided further, That the Secretary of the
Interior may use wildland fire appropriations to enter into
non-competitive sole source leases of real property with
local governments, at or below fair market value, to
construct capitalized improvements for fire facilities on
such leased properties, including but not limited to fire
guard stations, retardant stations, and other initial attack
and fire support facilities, and to make advance payments for
any such lease or for construction activity associated with
the lease: Provided further, That the Secretary of the
Interior and the Secretary of Agriculture may authorize the
transfer of funds appropriated for wildland fire management,
in an aggregate amount not to exceed $50,000,000, between the
Departments when such transfers would facilitate and expedite
jointly funded wildland fire management programs and
projects.

Wildland Fire Suppression Contingency Reserve Fund

(including transfer of funds)

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

central hazardous materials fund

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

natural resource damage assessment and restoration

natural resource damage assessment fund

To conduct natural resource damage assessment and
restoration activities by the Department of the Interior
necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act, as
amended (42 U.S.C. 9601 et seq.), the Federal Water Pollution
Control Act, as amended (33 U.S.C. 1251 et seq.), the Oil
Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and Public
Law 101-337, as amended (16 U.S.C. 19jj et seq.), $6,462,000,
to remain available until expended.

working capital fund

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

administrative provisions

There is hereby authorized for acquisition from available
resources within the Working Capital Fund, 15 aircraft, 10 of
which shall be for replacement and which may be obtained by
donation, purchase or through available excess surplus
property: Provided, That existing aircraft being replaced may
be sold, with proceeds derived or trade-in value used to
offset the purchase price for the replacement aircraft.

General Provisions, Department of the Interior

(including transfers of funds)

Sec. 101.  Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or
office), with the approval of the Secretary, for the
emergency reconstruction, replacement, or repair of aircraft,
buildings, utilities, or other facilities or equipment
damaged or destroyed by fire, flood, storm, or other
unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made
available to the Department of the Interior for emergencies
shall have been exhausted: Provided further, That all funds
used pursuant to this section must be replenished by a
supplemental appropriation which must be requested as
promptly as possible.
Sec. 102.  The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in
addition to the amounts included in the budget programs of
the several agencies, for the suppression or emergency
prevention of wildland fires on or threatening lands under
the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its
jurisdiction; for emergency actions related to potential or
actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage
assessment activities related to actual oil spills; for the
prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in
section 1773(b) of Public Law 99-198 (99 Stat. 1658); for
emergency reclamation projects under section 410 of Public
Law 95-87; and shall transfer, from any no year funds
available to the Office of Surface Mining Reclamation and
Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy
State is not carrying out the regulatory provisions of the
Surface Mining Act: Provided, That appropriations made in
this title for wildland fire operations and shall be
available for the payment of obligations incurred during the
preceding fiscal year, and for reimbursement to other Federal
agencies for destruction of vehicles, aircraft, or other
equipment in connection with their use for wildland fire
operations, such reimbursement to be credited to
appropriations currently available at the time of receipt
thereof: Provided further, That for wildland fire operations,
no funds shall be made available under this authority until
the Secretary determines that funds appropriated for
``wildland fire operations'' and ``Wildland Fire Suppression
Contingency Reserve Fund'' shall be exhausted within 30 days:
Provided further, That all funds used pursuant to this
section must be replenished by a supplemental appropriation
which must be requested as promptly as possible: Provided

[[Page H7418]]

further, That such replenishment funds shall be used to
reimburse, on a pro rata basis, accounts from which emergency
funds were transferred.
Sec. 103.  Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by 5 U.S.C. 3109, when authorized by the
Secretary, in total amount not to exceed $500,000; purchase
and replacement of motor vehicles, including specially
equipped law enforcement vehicles; hire, maintenance, and
operation of aircraft; hire of passenger motor vehicles;
purchase of reprints; payment for telephone service in
private residences in the field, when authorized under
regulations approved by the Secretary; and the payment of
dues, when authorized by the Secretary, for library
membership in societies or associations which issue
publications to members only or at a price to members lower
than to subscribers who are not members.
Sec. 104.  Appropriations made in this Act under the
headings Bureau of Indian Affairs and Office of the Special
Trustee for American Indians and any unobligated balances
from prior appropriations Acts made under the same headings
shall be available for expenditure or transfer for Indian
trust management and reform activities. Total funding for
historical accounting activities shall not exceed amounts
specifically designated in this Act for such purpose.
Sec. 105.  Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any
Tribal Priority Allocation funds, including tribal base
funds, to alleviate tribal funding inequities by transferring
funds to address identified, unmet needs, dual enrollment,
overlapping service areas or inaccurate distribution
methodologies. No federally recognized tribe shall receive a
reduction in Tribal Priority Allocation funds of more than 10
percent in fiscal year 2010. Under circumstances of dual
enrollment, overlapping service areas or inaccurate
distribution methodologies, the 10 percent limitation does
not apply.
Sec. 106.  Notwithstanding any other provision of law, in
conveying the Twin Cities Research Center under the authority
provided by Public Law 104-134, as amended by Public Law 104-
208, the Secretary may accept and retain land and other forms
of reimbursement: Provided, That the Secretary may retain and
use any such reimbursement until expended and without further
appropriation: (1) for the benefit of the National Wildlife
Refuge System within the State of Minnesota; and (2) for all
activities authorized by 16 U.S.C. 460zz.
Sec. 107.  The Secretary of the Interior may use
discretionary funds to pay private attorney fees and costs
for employees and former employees of the Department of the
Interior reasonably incurred in connection with Cobell v.
Salazar to the extent that such fees and costs are not paid
by the Department of Justice or by private insurance. In no
case shall the Secretary make payments under this section
that would result in payment of hourly fees in excess of the
highest hourly rate approved by the District Court for the
District of Columbia for counsel in Cobell v. Salazar.
Sec. 108.  The United States Fish and Wildlife Service
shall, in carrying out its responsibilities to protect
threatened and endangered species of salmon, implement a
system of mass marking of salmonid stocks, intended for
harvest, that are released from federally operated or
federally financed hatcheries including but not limited to
fish releases of coho, chinook, and steelhead species. Marked
fish must have a visible mark that can be readily identified
by commercial and recreational fishers.
Sec. 109.  Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands,
waters, or interests therein including the use of all or part
of any pier, dock, or landing within the State of New York
and the State of New Jersey, for the purpose of operating and
maintaining facilities in the support of transportation and
accommodation of visitors to Ellis, Governors, and Liberty
Islands, and of other program and administrative activities,
by donation or with appropriated funds, including franchise
fees (and other monetary consideration), or by exchange; and
the Secretary is authorized to negotiate and enter into
leases, subleases, concession contracts or other agreements
for the use of such facilities on such terms and conditions
as the Secretary may determine reasonable.
Sec. 110.  Title 43 U.S.C. 1473, as amended by Public Law
111-8, is further amended by striking ``in fiscal years 2008
and 2009 only'' and inserting ``in fiscal years 2010 through
2013''.
Sec. 111.  The Secretary of the Interior may enter into
cooperative agreements with a State or political subdivision
(including any agency thereof), or any not-for-profit
organization if the agreement will: (1) serve a mutual
interest of the parties to the agreement in carrying out the
programs administered by the Department of the Interior; and
(2) all parties will contribute resources to the
accomplishment of these objectives. At the discretion of the
Secretary, such agreements shall not be subject to a
competitive process.
Sec. 112.  Funds provided in this Act for Federal land
acquisition by the National Park Service for Ice Age National
Scenic Trail may be used for a grant to a State, a local
government, or any other land management entity for the
acquisition of lands without regard to any restriction on the
use of Federal land acquisition funds provided through the
Land and Water Conservation Fund Act of 1965 as amended.
Sec. 113.  Notwithstanding any other provision of law, for
fiscal year 2010 and each fiscal year thereafter, sections
109 and 110 of the Federal Oil and Gas Royalty Management Act
(30 U.S.C. 1719 and 1720) shall apply to any lease
authorizing exploration for or development of coal, any other
solid mineral, or any geothermal resource on any Federal or
Indian lands and any lease, easement, right of way, or other
agreement, regardless of form, for use of the Outer
Continental Shelf or any of its resources under sections 8(k)
or 8(p) of the Outer Continental Shelf Lands Act (43 U.S.C.
1337(k) and 1337(p)) to the same extent as if such lease,
easement, right of way, or other agreement, regardless of
form, were an oil and gas lease, except that in such cases
the term ``royalty payment'' shall include any payment
required by such lease, easement, right of way or other
agreement, regardless of form, or by applicable regulation.
Sec. 114. (a) In fiscal year 2010, the Minerals Management
Service (MMS) shall collect a non-refundable inspection fee,
which shall be deposited in the ``Royalty and Offshore
Minerals Management'' account, from the designated operator
for facilities subject to inspection by MMS under 43 U.S.C.
1348(c) that are above the waterline, except mobile offshore
drilling units, and are in place at the start of fiscal year
2010.
(b) Fees for 2010 shall be:
(1) $2,000 for facilities with no wells, but with
processing equipment or gathering lines;
(2) $3,250 for facilities with one to ten wells, with any
combination of active or inactive wells; and
(3) $6,000 for facilities with more than ten wells, with
any combination of active or inactive wells.
(c) MMS will bill designated operators within 60 days of
enactment of this bill, with payment required within 30 days
of billing.
Sec. 115.  Section 4 of Public Law 89-565, as amended, (16
U.S.C. 282c), relating to San Juan Island National Historic
Park, is amended by striking ``$5,575,000'' and inserting
``$13,575,000''.
Sec. 116.  Section 1(c)(2) of Public Law 109-441 is amended
by adding after subparagraph (D) the following new
subparagraphs:
``(E) Minidoka, depicted in a map entitled `Minidoka
National Historic Site and Environs - Draft Document', dated
May 27, 2009. The Secretary is authorized to accept a
donation of land or interest in land acquired with funds
provided under this section, as an addition to the Minidoka
National Historic Site and administered in accordance with
section 313(c)(5) of Public Law 110-229.
``(F) Heart Mountain, depicted in Figure 6.3 of the Site
Document.''.

TITLE II--ENVIRONMENTAL PROTECTION AGENCY

Science and Technology

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

Environmental Programs and Management

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

Office of Inspector General

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

Buildings and Facilities

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

Hazardous Substance Superfund

(including transfers of funds)

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

[[Page H7419]]

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

Leaking Underground Storage Tank Trust Fund Program

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

Oil Spill Response

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

State and Tribal Assistance Grants

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

Administrative Provisions, Environmental Protection Agency

(including transfer and rescission of funds)

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

[[Page H7420]]

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

TITLE III--RELATED AGENCIES

DEPARTMENT OF AGRICULTURE

Forest Service

forest and rangeland research

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

State and Private Forestry

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

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

national forest system

(including transfers of funds)

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

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

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

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

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

[[Page H7421]]

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

capital improvement and maintenance

(including transfer of funds)

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

land acquisition

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

acquisition of lands for national forests special acts

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

acquisition of lands to complete land exchanges

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

range betterment fund

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

gifts, donations and bequests for forest and rangeland research

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

management of national forest lands for subsistence uses

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

wildland fire management

(including transfers of funds)

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

[[Page H7422]]

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

Wildland Fire Suppression Contingency Reserve Fund

(including transfer of funds)

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

administrative provisions, forest service

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Indian Health Service

indian health services

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

[[Page H7423]]

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

indian health facilities

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

administrative provisions, indian health service

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

National Institutes of Health

national institute of environmental health sciences

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

Agency for Toxic Substances and Disease Registry

toxic substances and environmental public health

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

[[Page H7424]]

OTHER RELATED AGENCIES

Executive Office of the President

council on environmental quality and office of environmental quality

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

Chemical Safety and Hazard Investigation Board

salaries and expenses

(including transfer of funds)

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

Office of Navajo and Hopi Indian Relocation

salaries and expenses

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

Institute of American Indian and Alaska Native Culture and Arts
Development

payment to the institute

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

Smithsonian Institution

salaries and expenses

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

facilities capital

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

administrative provision, smithsonian institution

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

National Gallery of Art

salaries and expenses

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

repair, restoration and renovation of buildings

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

John F. Kennedy Center for the Performing Arts

operations and maintenance

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

capital repair and restoration

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

Woodrow Wilson International Center for Scholars

salaries and expenses

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

National Foundation on the Arts and the Humanities

National Endowment for the Arts

grants and administration

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

National Endowment for the Humanities

grants and administration

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

[[Page H7425]]

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

administrative provision

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

Commission of Fine Arts

salaries and expenses

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

national capital arts and cultural affairs

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

Advisory Council on Historic Preservation

salaries and expenses

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

National Capital Planning Commission

salaries and expenses

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

United States Holocaust Memorial Museum

holocaust memorial museum

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

Presidio Trust

presidio trust fund

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

Dwight D. Eisenhower Memorial Commission

salaries and expenses

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

capital construction

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

TITLE IV--GENERAL PROVISIONS

(including transfers of funds)

Sec. 401.  The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive Order issued pursuant to existing law.
Sec. 402.  No part of any appropriation contained in this
Act shall be available for any activity or the publication or
distribution of literature that in any way tends to promote
public support or opposition to any legislative proposal on
which Congressional action is not complete other than to
communicate to Members of Congress as described in 18 U.S.C.
1913.
Sec. 403.  No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 404.  None of the funds provided in this Act to any
department or agency shall be obligated or expended to
provide a personal cook, chauffeur, or other personal
servants to any officer or employee of such department or
agency except as otherwise provided by law.
Sec. 405.  Estimated overhead charges, deductions, reserves
or holdbacks from programs, projects, activities and
subactivities to support government-wide, departmental,
agency or bureau administrative functions or headquarters,
regional or central operations shall be presented in annual
budget justifications and subject to approval by the
Committees on Appropriations. Changes to such estimates shall
be presented to the Committees on Appropriations for
approval.
Sec. 406.  None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government except pursuant to a transfer
made by, or transfer provided in, this Act or any other Act.
Sec. 407. (a) Limitation of Funds.--None of the funds
appropriated or otherwise made available pursuant to this Act
shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim
located under the general mining laws.
(b) Exceptions.--The provisions of subsection (a) shall not
apply if the Secretary of the Interior determines that, for
the claim concerned: (1) a patent application was filed with
the Secretary on or before September 30, 1994; and (2) all
requirements established under sections 2325 and 2326 of the
Revised Statutes (30 U.S.C. 29 and 30) for vein or lode
claims and sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill
site claims, as the case may be, were fully complied with by
the applicant by that date.
(c) Report.--On September 30, 2010, the Secretary of the
Interior shall file with the House and Senate Committees on
Appropriations and the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate a report on actions taken by
the Department under the plan submitted pursuant to section
314(c) of the Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent
applications in a timely and responsible manner, upon the
request of a patent applicant, the Secretary of the Interior
shall allow the applicant to fund a qualified third-party
contractor to be selected by the Bureau of Land Management to
conduct a mineral examination of the mining claims or mill
sites contained in a patent application as set forth in
subsection (b). The Bureau of Land Management shall have the
sole responsibility to choose and pay the third-party
contractor in accordance with the standard procedures
employed by the Bureau of Land Management in the retention of
third-party contractors.
Sec. 408.  Notwithstanding any other provision of law,
amounts appropriated to or otherwise designated in committee
reports for the Bureau of Indian Affairs and the Indian
Health Service by Public Laws 103-138, 103-332, 104-134, 104-
208, 105-83, 105-277, 106-113, 106-291, 107-63, 108-7, 108-
108, 108-447, 109-54, 109-289, division B and Continuing
Appropriations Resolution, 2007 (division B of Public Law
109-289, as amended by Public Laws 110-5 and 110-28), Public
Laws 110-92, 110-116, 110-137, 110-149, 110-161, 110-329,
111-6, and 111-8 for payments for contract support costs
associated with self-determination or self-governance
contracts, grants, compacts, or annual funding agreements
with the Bureau of Indian Affairs or the Indian Health
Service as funded by such Acts, are the total amounts
available for fiscal years 1994 through 2009 for such
purposes, except that the Bureau of Indian Affairs, federally
recognized tribes, and tribal organizations of federally
recognized tribes may use their tribal priority allocations
for unmet contract support costs of ongoing contracts,
grants, self-governance compacts, or annual funding
agreements.
Sec. 409.  The Secretary of Agriculture shall not be
considered to be in violation of subparagraph 6(f)(5)(A) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15
years have passed without revision of the plan for a unit of
the National Forest System. Nothing in this section exempts
the Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et
seq.) or any other law: Provided, That

[[Page H7426]]

if the Secretary is not acting expeditiously and in good
faith, within the funding available, to revise a plan for a
unit of the National Forest System, this section shall be
void with respect to such plan and a court of proper
jurisdiction may order completion of the plan on an
accelerated basis.
Sec. 410.  No funds provided in this Act may be expended to
conduct preleasing, leasing and related activities under
either the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)
within the boundaries of a National Monument established
pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.)
as such boundary existed on January 20, 2001, except where
such activities are allowed under the Presidential
proclamation establishing such monument.
Sec. 411.  In entering into agreements with foreign fire
organizations pursuant to the Temporary Emergency Wildfire
Suppression Act (42 U.S.C. 1856m-1856o), the Secretary of
Agriculture and the Secretary of the Interior are authorized
to enter into reciprocal agreements in which the individuals
furnished under said agreements to provide wildfire services
are considered, for purposes of tort liability, employees of
the fire organization receiving said services when the
individuals are engaged in fire suppression or
presuppression: Provided, That the Secretary of Agriculture
or the Secretary of the Interior shall not enter into any
agreement under this provision unless the foreign fire
organization agrees to assume any and all liability for the
acts or omissions of American firefighters engaged in fire
suppression or presuppression in a foreign country: Provided
further, That when an agreement is reached for furnishing
fire suppression or presuppression services, the only
remedies for acts or omissions committed while engaged in
fire suppression or presuppression shall be those provided
under the laws applicable to the fire organization receiving
the fire suppression or presuppression services, and those
remedies shall be the exclusive remedies for any claim
arising out of fire suppression or presuppression activities
in a foreign country: Provided further, That neither the
sending country nor any legal organization associated with
the firefighter shall be subject to any legal action,
consistent with the applicable laws governing sovereign
immunity, pertaining to or arising out of the firefighter's
role in fire suppression or presuppression, except that if
the foreign fire organization is unable to provide such
protection under laws applicable to it, it shall assume any
and all liability for the United States or for any legal
organization associated with the American firefighter, and
for any and all costs incurred or assessed, including legal
fees, for any act or omission pertaining to or arising out of
the firefighter's role in fire suppression or presuppression.
Sec. 412.  In awarding a Federal contract with funds made
available by this Act, notwithstanding Federal Government
procurement and contracting laws, the Secretary of
Agriculture and the Secretary of the Interior (the
``Secretaries'') may, in evaluating bids and proposals, give
consideration to local contractors who are from, and who
provide employment and training for, dislocated and displaced
workers in an economically disadvantaged rural community,
including those historically timber-dependent areas that have
been affected by reduced timber harvesting on Federal lands
and other forest-dependent rural communities isolated from
significant alternative employment opportunities: Provided,
That notwithstanding Federal Government procurement and
contracting laws the Secretaries may award contracts, grants
or cooperative agreements to local non-profit entities, Youth
Conservation Corps or related partnerships with State, local
or non-profit youth groups, or small or micro-business or
disadvantaged business: Provided further, That the contract,
grant, or cooperative agreement is for forest hazardous fuels
reduction, watershed or water quality monitoring or
restoration, wildlife or fish population monitoring, or
habitat restoration or management: Provided further, That the
terms ``rural community'' and ``economically disadvantaged''
shall have the same meanings as in section 2374 of Public Law
101-624: Provided further, That the Secretaries shall develop
guidance to implement this section: Provided further, That
nothing in this section shall be construed as relieving the
Secretaries of any duty under applicable procurement laws,
except as provided in this section.
Sec. 413.  Unless otherwise provided herein, no funds
appropriated in this Act for the acquisition of lands or
interests in lands may be expended for the filing of
declarations of taking or complaints in condemnation without
the approval of the House and Senate Committees on
Appropriations.
Sec. 414.  The terms and conditions of section 325 of
Public Law 108-108, regarding grazing permits at the
Department of the Interior and the Forest Service shall
remain in effect for fiscal year 2010.
Sec. 415.  Section 6 of the National Foundation on the Arts
and the Humanities Act of 1965 (Public Law 89-209, 20 U.S.C.
955), as amended, is further amended as follows:
(a) in the first sentence of subsection (b)(1)(C), by
striking ``14'' and inserting in lieu thereof ``18''; and
(b) in the second sentence of subsection (d)(1), by
striking ``Eight'' and inserting in lieu thereof ``Ten''.
Sec. 416.  The item relating to ``National Capital Arts and
Cultural Affairs'' in the Department of the Interior and
Related Agencies Appropriations Act, 1986, as enacted into
law by section 101(d) of Public Law 99-190 (99 Stat. 1261; 20
U.S.C. 956a), is amended--
(1) in the second sentence of the first paragraph, by
striking ``$7,500,000'' and inserting ``$10,000,000''; and
(2) in the second sentence of the fourth paragraph, by
striking ``$500,000'' and inserting ``$650,000''.
Sec. 417.  Section 339(h) of the Department of the Interior
and Related Agencies Appropriations Act, 2000, as amended,
concerning a pilot program for the sale of forest botanical
products by the Forest Service, is further amended by
striking ``September 30, 2009'' and inserting ``September 30,
2014''.
Sec. 418.  The second sentence of section 2 (a)(1) of the
Mineral Leasing Act (30 U.S.C. 201(a)(1); relating to coal
bonus bids) does not apply for fiscal year 2010.
Sec. 419.  All monies received by the United States in
fiscal year 2010 from sales, bonuses, rentals, and royalties
under the Geothermal Steam Act of 1970 shall be disposed of
as provided by section 20 of that Act (30 U.S.C. 1019), as in
effect immediately before enactment of the Energy Policy Act
of 2005 (Public Law 109-58), and without regard to the
amendments contained in sections 224(b) and section 234 of
the Energy Policy Act of 2005 (42 U.S.C. 17673).
Sec. 420.  Section 331(e) of the Department of the Interior
and Related Agencies Appropriations Act, 2001, (Public Law
106-291), as added by section 336 of division E of the
Consolidated Appropriations Act, 2005 (Public Law 108-447),
concerning cooperative forestry agreements known as the
Colorado Good Neighbor Act Authority is amended by striking
``September 30, 2009'' and inserting ``September 30, 2013''.
Sec. 421.  None of the funds in this or any other Act shall
be used to deposit funds from any Federal royalties, rents,
and bonuses derived from Federal onshore and offshore oil and
gas leases issued under the Outer Continental Shelf Lands Act
(43 U.S.C. 1331 et seq.) and the Mineral Leasing Act (30
U.S.C. 181 et seq.) into the Ultra-Deepwater and
Unconventional Natural Gas and Other Petroleum Research Fund.
Sec. 422.  Section 302(a) of the Secure Rural Schools and
Community Self-Determination Act of 2000 (16 U.S.C. 7142(a))
is amended--
(1) in paragraph (2)(B), by striking ``; and'' and
inserting a semicolon;
(2) in paragraph (3), by striking the period and inserting
``; and''; and
(3) by inserting after paragraph (3), the following: ``(4)
to reimburse all or part of the costs incurred by the county
to pay the salaries and benefits of county employees who
supervise adults or juveniles performing mandatory community
service on Federal lands.''.
Sec. 423.  Within the amounts appropriated in this Act,
funding shall be allocated in the amounts specified for those
projects and purposes delineated in the table titled
``Congressionally Directed Spending'' included in the
explanatory statement accompanying this Act. The preceding
sentence shall apply in addition to the allocation
requirements specified in this Act under the heading
``National Park Service-Historic Preservation Fund'' for Save
America's Treasures and under the heading ``Environmental
Protection Agency-State and Tribal Assistance Grants'' for
special project grants for the construction of drinking
water, wastewater and storm infrastructure and for water
quality protection.
Sec. 424.  Not later than 120 days after the date on which
the President's Fiscal Year 2011 budget request is submitted
to Congress, the President shall submit a report to the
Committee on Appropriations of the House of Representatives
and the Committee on Appropriations of the Senate describing
in detail all Federal agency obligations and expenditures,
domestic and international, for climate change programs and
activities in fiscal year 2008, fiscal year 2009, and fiscal
year 2010, including an accounting of expenditures by agency
with each agency identifying climate change activities and
associated costs by line item as presented in the President's
Budget Appendix.
Sec. 425.  Notwithstanding any other provision of law, none
of the funds made available in this or any other Act may be
used to implement any rule that requires mandatory reporting
of greenhouse gas emissions from manure management systems.
Sec. 426. (a) None of the funds made available in this or
any prior Act may be used to release an individual who is
detained, as of April 30, 2009, at Naval Station, Guantanamo
Bay, Cuba, into any of the United States territories of Guam,
American Samoa (AS), the United States Virgin Islands (USVI),
the Commonwealth of Puerto Rico and the Commonwealth of the
Northern Mariana Islands (CNMI).
(b) None of the funds made available in this or any other
prior Act may be used to transfer an individual who is
detained, as of April 30, 2009, at Naval Station, Guantanamo
Bay, Cuba, into any of the United States territories of Guam,
American Samoa (AS), the United States Virgin Islands (USVI),
the Commonwealth of Puerto Rico and the Commonwealth of the
Northern Mariana Islands (CNMI), for the purposes of
detaining or prosecuting such individual, until 2 months
after the plan described in subsection (c) is received.
(c) The President shall submit to the Congress, in writing,
a comprehensive plan regarding the proposed disposition of
each individual who is detained, as of April 30, 2009, at
Naval Station, Guantanamo Bay, Cuba,

[[Page H7427]]

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

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

Sec. 427.  Notwithstanding any other provision of law, none
of the funds made available in this or any other Act may be
used to promulgate or implement any regulation requiring the
issuance of permits under title V of the Clean Air Act for
carbon dioxide, nitrous oxide, water vapor, or methane
emissions resulting from biological processes associated with
livestock production.

{time}  2230

Part B Amendment No. 3 Offered by Mr. Heller

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

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

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

[[Page H7428]]

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

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

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

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

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

[[Page H7429]]

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

{time}  2245

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

part b amendment no. 6 offered by mr. stearns

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

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

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

[[Page H7430]]

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

Part C Amendment No. 1 Offered by Mr. Campbell

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

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

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

[[Page H7431]]

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

{time}  2300

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

Part D Amendment No. 3 Offered by Mr. Campbell

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

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

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

[[Page H7432]]

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

{time}  2315

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

[[Page H7433]]

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

Part C Amendment No. 3 Offered by Mr. Campbell

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

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

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

[[Page H7434]]

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

part e amendment no. 1 offered by mr. campbell

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

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

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

{time}  2330

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

[[Page H7435]]

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

Part C Amendment No. 4 Offered by Mr. Campbell

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

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

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

[[Page H7436]]

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

{time}  2345

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

Officer Henry Canales--Texas Lawman

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

[[Page H7437]]

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

____________________