TITLE IV
GENERAL PROVISIONS
(For the Department of the Interior and Related Agencies)
(including transfers of funds)
limitation on consulting services
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.
restriction on use of funds
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.
obligation of appropriations
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.
prohibition on use of funds for personal services
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.
disclosure of administrative expenses
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 of the House of Representatives
and the Senate. Changes to such estimates shall be presented
to the Committees on Appropriations for approval.
giant sequoia
Sec. 406. None of the funds in this Act may be used to
plan, prepare, or offer for sale timber from trees classified
as giant sequoia (Sequoiadendron giganteum) which are located
on National Forest System or Bureau of Land Management lands
in a manner different than such sales were conducted in
fiscal year 2011.
mining applications
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.--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, 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, 2013, the Secretary of the
Interior shall file with the House and Senate Committees on
Appropriations and the Committee on Natural Resources of the
House and the Committee on Energy and Natural Resources of
the Senate a report on actions taken by the Department under
the plan submitted pursuant to section 314(c) of the
Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent
applications in a timely and responsible manner, upon the
request of a patent applicant, the Secretary of the Interior
shall allow the applicant to fund a qualified third-party
contractor to be selected by the Director of the Bureau of
Land Management to conduct a mineral examination of the
mining claims or mill sites contained in a patent application
as set forth in subsection (b). The Bureau of Land Management
shall have the sole responsibility to choose and pay the
third-party contractor in accordance with the standard
procedures employed by the Bureau of Land Management in the
retention of third-party contractors.
contract support costs
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, 111-8, 111-88, and 112-10 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 2011 for such
purposes, except that the Bureau of Indian Affairs, tribes
and tribal organizations may use their tribal priority
allocations for unmet contract support costs of ongoing
contracts, grants, self-governance compacts, or annual
funding agreements.
forest management plans
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 if the Secretary is
not acting expeditiously and in good faith, within the
funding available, to revise a plan for a unit of the
National Forest System, this section shall be void with
respect to such plan and a court of proper jurisdiction may
order completion of the plan on an accelerated basis.
prohibition within national monuments
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.
amendments to the temporary emergency wildfire suppression act
Sec. 411. The Temporary Emergency Wildfire Suppression Act
(42 U.S.C. 1856m et seq.) is amended--
(1) in the first section (42 U.S.C. 1856m note)--
(A) by striking ``That this'' and inserting the following:
``SECTION 1. SHORT TITLE.
``This''; and
(B) by striking ``Temporary'';
(2) by striking section 2 (42 U.S.C. 1856m) and inserting
the following:
``SEC. 2. DEFINITIONS.
``In this Act:
``(1) Assume any and all liability.--The term `assume any
and all liability' means--
``(A) the payment of--
``(i) any judgment, settlement, fine, penalty, or cost
assessment (including prevailing party legal fees) associated
with the applicable litigation; and
``(ii) any cost incurred in handling the applicable
litigation (including legal fees); and
``(B) with respect to a Federal firefighter, arranging for,
and paying the costs of, representation in the applicable
litigation.
``(2) Federal firefighter.--The term `Federal firefighter'
means an individual furnished by the Secretary of Agriculture
or the Secretary of the Interior under an agreement entered
into under section 3.
``(3) Foreign fire organization.--The term `foreign fire
organization' means any foreign governmental, public, or
private entity that has wildfire protection resources.
``(4) Foreign firefighter.--The term `foreign firefighter'
means an individual furnished by a foreign fire organization
under an agreement entered into under section 3.
``(5) Wildfire.--The term `wildfire' means any forest or
range fire.
``(6) Wildfire protection resources.--The term `wildfire
protection resources' means any personnel, supplies,
equipment, or other resources required for wildfire
presuppression and suppression activities.'';
(3) in section 3 (42 U.S.C. 1856n)--
(A) in subsection (a)--
(i) by striking ``(a)(1) The Secretary of Agriculture'' and
inserting the following:
``(a) Exchange of Wildfire Protection Resources Under a
Reciprocal Agreement With a Foreign Fire Organization.--
``(1) Authority to enter into a reciprocal agreement.--The
Secretary of Agriculture''; and
(ii) in paragraph (2), by striking ``(2) Any agreement''
and inserting the following:
``(2) Requirements for a reciprocal agreement.--Any
agreement'';
(B) in subsection (b)--
(i) by striking ``(b) In the absence'' and inserting the
following:
``(b) Exchange of Wildfire Protection Resources Without a
Reciprocal Agreement.--In the absence''; and
(ii) in paragraph (1), by striking ``United States, and''
and inserting ``United States; and'';
(C) in subsection (c), by striking ``(c) Notwithstanding''
and inserting the following:
``(c) Reimbursement Under Agreements With Canada.--
Notwithstanding''; and
(D) in subsection (d)--
(i) by striking, ``(d) Any service'' and inserting the
following:
``(d) Service Performed Under This Act by Federal
Employees.--
``(1) In general.--Any service''; and
(ii) in the second sentence, by striking ``The'' and
inserting the following:
``(2) Effect.--Except as provided in section 4, the'';
(4) by redesignating section 4 (42 U.S.C. 1856o) as section
5;
(5) by inserting after section 3 the following:
``SEC. 4. RECIPROCAL AGREEMENTS WITH LIABILITY COVERAGE.
``(a) Protection From Liability for Foreign Firefighters
and Foreign Fire Organizations.--Subject to subsection (b),
in an agreement with a foreign fire organization entered into
under section 3, the Secretary of Agriculture and the
Secretary of the Interior may provide that--
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``(1) a foreign firefighter shall be considered to be an
employee of the United States for purposes of tort liability
while the foreign firefighter is acting within the scope of
an official duty under the agreement; and
``(2) any claim against the foreign fire organization or
any legal organization associated with the foreign
firefighter that arises out of an act or omission of the
foreign firefighter in the performance of an official duty
under the agreement, or that arises out of any other act,
omission, or occurrence for which the foreign fire
organization or legal organization associated with the
foreign firefighter is legally responsible under applicable
law, may be prosecuted only--
``(A) against the United States; and
``(B) as if the act or omission were the act or omission of
an employee of the United States.
``(b) Protection From Liability for Federal Firefighters
and the Federal Government.--The Secretary of Agriculture and
the Secretary of the Interior may provide the protections
under subsection (a) if the foreign fire organization
agrees--
``(1) to assume any and all liability for any legal action
brought against the Federal firefighter for an act or
omission of the Federal firefighter while acting within the
scope of an official duty under the agreement; and
``(2) to the extent the United States or any legal
organization associated with the Federal firefighter is not
entitled to immunity from the jurisdiction of the courts
having jurisdiction over the foreign fire organization
receiving the services of the Federal firefighters, to assume
any and all liability for any legal action brought against
the United States or the legal organization arising out of--
``(A) an act or omission of the Federal firefighter in the
performance of an official duty under the agreement; or
``(B) any other act, omission, or occurrence for which the
United States or the legal organization associated with the
Federal firefighter is legally responsible under the laws
applicable to the foreign fire organization.''; and
(6) in section 5 (as redesignated by paragraph (4))--
(A) by striking ``under section 3(c)'' and inserting
``under this Act''; and
(B) in the proviso--
(i) by striking ``wildfire protection resources or
personnel'' each place it appears and inserting ``wildfire
protection resources (including personnel)'';
(ii) by inserting ``for wildfire suppression activities''
before ``unless''; and
(iii) by striking ``provide wildfire protection'' and
inserting ``provide wildfire suppression''.
contracting authorities
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,
through fiscal year 2013, 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, road
decommissioning, trail maintenance or improvement, 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 (16 U.S.C. 6612): Provided further, That the Secretaries
shall develop guidance to implement this section: Provided
further, That nothing in this section shall be construed as
relieving the Secretaries of any duty under applicable
procurement laws, except as provided in this section.
limitation on takings
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: Provided, That this provision shall not
apply to funds appropriated to implement the Everglades
National Park Protection and Expansion Act of 1989, or to
funds appropriated for Federal assistance to the State of
Florida to acquire lands for Everglades restoration purposes.
timber sale requirements
Sec. 414. No timber sale in Alaska's Region 10 shall be
advertised if the indicated rate is deficit (defined as the
value of the timber is not sufficient to cover all logging
and stumpage costs and provide a normal profit and risk
allowance under the Forest Service's appraisal process) when
appraised using a residual value appraisal. The western red
cedar timber from those sales which is surplus to the needs
of the domestic processors in Alaska, shall be made available
to domestic processors in the contiguous 48 United States at
prevailing domestic prices. All additional western red cedar
volume not sold to Alaska or contiguous 48 United States
domestic processors may be exported to foreign markets at the
election of the timber sale holder. All Alaska yellow cedar
may be sold at prevailing export prices at the election of
the timber sale holder.
extension of grazing permits
Sec. 415. The terms and conditions of section 325 of
Public Law 108-108 (117 Stat. 1307), regarding grazing
permits at the Department of the Interior and the Forest
Service, shall remain in effect for fiscal years 2012 and
2013. A grazing permit or lease issued by the Secretary of
the Interior for lands administered by the Bureau of Land
Management that is the subject of a request for a grazing
preference transfer shall be issued, without further
processing, for the remaining time period in the existing
permit or lease using the same mandatory terms and
conditions. If the authorized officer determines a change in
the mandatory terms and conditions is required, the new
permit must be processed as directed in section 325 of Public
Law 108-108.
prohibition on no-bid contracts
Sec. 416. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be
used to enter into any Federal contract unless such contract
is entered into in accordance with the requirements of
Chapter 33 of title 41, United States Code, or Chapter 137 of
title 10, United States Code, and the Federal Acquisition
Regulation, unless--
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian
tribes; or
(2) such contract is authorized by the Indian Self-
Determination and Education and Assistance Act (Public Law
93-638, 25 U.S.C. 450 et seq., as amended) or by any other
Federal laws that specifically authorize a contract within an
Indian tribe as defined in section 4(e) of that Act (25
U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of
enactment of this Act.
posting of reports
Sec. 417. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
national endowment for the arts grant guidelines
Sec. 418. Of the funds provided to the National Endowment
for the Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or
American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made
to a State or local arts agency, or regional group, may be
used to make a grant to any other organization or individual
to conduct activity independent of the direct grant
recipient. Nothing in this subsection shall prohibit payments
made in exchange for goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs and/or projects.
national endowment for the arts program priorities
Sec. 419. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the
Humanities Act of 1965 from funds appropriated under this
Act, the Chairperson of the National Endowment for the Arts
shall ensure that priority is given to providing services or
awarding financial assistance for projects, productions,
workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population
of individuals, including urban minorities, who have
historically been outside the purview of arts and humanities
programs due to factors such as a high incidence of income
below the poverty line or to geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance
under the National Foundation on the Arts and Humanities Act
of 1965 with funds appropriated by this Act, the Chairperson
of the National Endowment for the Arts shall ensure that
priority is given to providing services or awarding financial
assistance for projects, productions, workshops, or programs
that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out
section 5 of the National Foundation on the Arts and
Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several
States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
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(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each
grant category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
use of competitive grant funds
Sec. 420. Section 6(d) of Public Law 96-297 (16 U.S.C. 431
note), as added by section 101 of Public Law 108-126, is
amended by inserting ``, except funds awarded through
competitive grants,'' after ``No Federal funds''.
forest service facility realignment and enhancement
Sec. 421. Section 503(f) of the Forest Service Realignment
and Enhancement Act of 2005 (title V of Public Law 109-54; 16
U.S.C. 580d note), as amended by section 422(1) of Public Law
111-8 (123 Stat. 748), is further amended by striking
``2011'' and inserting ``2016''.
service first
Sec. 422. Section 330 of the Department of the Interior
and Related Agencies Appropriations Act, 2001 (Public Law
106-291; 114 Stat. 996; 43 U.S.C. 1701 note), concerning
Service First authorities, as amended by section 428 of
Public Law 109-54 (119 Stat. 555-556) and section 418 of
Public Law 111-8 (123 Stat. 747), is amended--
(1) by striking in the first sentence ``In fiscal years
2001 through 2011'', and inserting ``In fiscal year 2012 and
each fiscal year thereafter''; and
(2) by striking in the first sentence ``pilot programs''
and inserting ``programs.''
federal, state, cooperative forest, range-land and watershed
restoration in utah
Sec. 423. The authority provided by section 337 of the
Department of the Interior and Related Agencies
Appropriations Act, 2005 (Public Law 108-447; 118 Stat.
3012), as amended, shall remain in effect until September 30,
2013.
status of balances of appropriations
Sec. 424. The Department of the Interior, the
Environmental Protection Agency, the Forest Service, and the
Indian Health Service shall provide the Committees on
Appropriations of the House of Representatives and Senate
quarterly reports on the status of balances of appropriations
including all uncommitted, committed, and unobligated funds
in each program and activity.
report on use of climate change funds
Sec. 425. Not later than 120 days after the date on which
the President's fiscal year 2013 budget request is submitted
to Congress, the President shall submit a comprehensive
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 funding,
domestic and international, for climate change programs,
projects and activities in fiscal year 2011, including an
accounting of funding by agency with each agency identifying
climate change programs, projects and activities and
associated costs by line item as presented in the President's
Budget Appendix, and including citations and linkages where
practicable to each strategic plan that is driving funding
within each climate change program, project and activity
listed in the report.
prohibition on use of funds
Sec. 426. Notwithstanding any other provision of law, none
of the funds made available in this Act or any other Act may
be used to promulgate or implement any regulation requiring
the issuance of permits under title V of the Clean Air Act
(42 U.S.C. 7661 et seq.) for carbon dioxide, nitrous oxide,
water vapor, or methane emissions resulting from biological
processes associated with livestock production.
greenhouse gas reporting restrictions
Sec. 427. Notwithstanding any other provision of law, none
of the funds made available in this or any other Act may be
used to implement any provision in a rule, if that provision
requires mandatory reporting of greenhouse gas emissions from
manure management systems.
forest service pre-decisional objection process
Sec. 428. Hereafter, upon issuance of final regulations,
the Secretary of Agriculture, acting through the Chief of the
Forest Service, shall apply section 105(a) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6515(a)),
providing for a pre-decisional objection process, to proposed
actions of the Forest Service concerning projects and
activities implementing land and resource management plans
developed under the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1600 et seq.), and documented
with a Record of Decision or Decision Notice, in lieu of
subsections (c), (d), and (e) of section 322 of Public Law
102-381 (16 U.S.C. 1612 note), providing for an
administrative appeal process: Provided, That if the Chief
of the Forest Service determines an emergency situation
exists for which immediate implementation of a proposed
action is necessary, the proposed action shall not be subject
to the pre-decisional objection process, and implementation
shall begin immediately after the Forest Service gives notice
of the final decision for the proposed action: Provided
further, That this section shall not apply to an authorized
hazardous fuel reduction project under title I of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6501 et seq.).
silvicultural activities
Sec. 429. From the date of enactment of this Act until
September 30, 2012, the Administrator of the Environmental
Protection Agency shall not require a permit under section
402 of the Federal Water Pollution Control Act (33 U.S.C.
1342), nor shall the Administrator directly or indirectly
require any State to require a permit, for discharges of
stormwater runoff from roads, the construction, use, or
maintenance of which are associated with silvicultural
activities, or from other silvicultural activities involving
nursery operations, site preparation, reforestation and
subsequent cultural treatment, thinning, prescribed burning,
pest and fire control, harvesting operations, or surface
drainage.
claim maintenance fee amendments
Sec. 430. Section 10101 of the Omnibus Budget
Reconciliation Act of 1993 (30 U.S.C. 28f) is amended--
(1) in subsection (a)--
(A) by striking so much as precedes the second sentence and
inserting the following:
``(a) Claim Maintenance Fee.--
``(1) Lode mining claims, mill sites, and tunnel sites.--
The holder of each unpatented lode mining claim, mill site,
or tunnel site, located pursuant to the mining laws of the
United States on or after August 10, 1993, shall pay to the
Secretary of the Interior, on or before September 1 of each
year, to the extent provided in advance in appropriations
Acts, a claim maintenance fee of $100 per claim or site,
respectively.''; and
(B) by adding at the end the following:
``(2) Placer mining claims.--The holder of each unpatented
placer mining claim located pursuant to the mining laws of
the United States located before, on, or after August 10,
1993, shall pay to the Secretary of the Interior, on or
before September 1 of each year, the claim maintenance fee
described in subsection (a), for each 20 acres of the placer
claim or portion thereof.''; and
(2) in subsection (b), by striking the first sentence and
inserting the following: ``The claim main tenance fee under
subsection (a) shall be paid for the year in which the
location is made, at the time the location notice is recorded
with the Bureau of Land Management.''.
domestic livestock grazing
Sec. 431. (a) Prohibition Regarding Potential Domestic
Sheep and Bighorn Sheep Contact on National Forest System
Land.--Notwithstanding any other provision of law or
regulation (other than the Endangered Species Act of 1973 and
regulations issued under such Act), none of the funds made
available by this Act or made available by any other Act for
fiscal year 2012 only may be used to carry out--
(1) any new management restrictions on domestic sheep on
parcels of National Forest System land (as defined in the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1609(a))) with potential domestic sheep and
bighorn sheep (whether native or nonnative) contact in excess
of the management restrictions that existed on July 1, 2011;
or
(2) any other agency regulation for managing bighorn sheep
populations on any allotment of such National Forest System
land if the management action will result in a reduction in
the number of domestic livestock permitted to graze on the
allotment or in the distribution of livestock on the
allotment.
(b) Exception.--Notwithstanding subsection (a), the
Secretary of Agriculture may make such management changes as
the Secretary determines to be necessary to manage bighorn
sheep if the management changes--
(1) are consistent with the wildlife plans of the relevant
State fish and game agency and determined in consultation
with that agency; and
(2) are developed in consultation with the affected
permittees.
(c) Bureau of Land Management Lands.--In circumstances
involving conflicts between bighorn sheep and domestic sheep
grazing on public lands (as defined in section 103 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1702)), the Bureau of Land Management may only modify or
cancel domestic sheep grazing permits after consulting with
the appropriate State fish and game agency. However, if the
State in question has an approved State Wildlife Management
Plan that addresses, with specificity, bighorn sheep
management, then the Bureau of Land Management modification
or cancellation of permits in that State shall conform to the
bighorn sheep management objectives in the State Wildlife
Management Plan, unless conformance would be inconsistent
with Federal statute or regulation. The Bureau of Land
Management shall be bound by the requirements of this
subsection until September 30, 2012.
(d) Voluntary Closure of Allotments.--Nothing in this
section shall be construed as limiting the voluntary closure
of existing domestic sheep allotments when the closure is
agreed to in writing between the permittee and the Secretary
of the Interior or the Secretary of Agriculture and is
carried out for the purpose of reducing conflicts between
domestic sheep and bighorn sheep.
(e) Waiver of Grazing Permits and Leases.--The Secretary of
the Interior and the Secretary of Agriculture may accept the
voluntary waiver of any valid existing lease or permit
authorizing grazing on National Forest System land described
in subsection (a) or public lands described in subsection
(c). If the grazing permit or lease for a grazing allotment
is only partially within the area of potential domestic sheep
and bighorn sheep contact, the affected permittee may elect
to waive only the portion of the grazing permit or lease that
is within that area. The Secretary concerned shall--
(1) terminate each permit or lease waived or portion of a
permit or lease waived under this subsection;
(2) ensure a permanent end to domestic sheep grazing on the
land covered by the waived permit or lease or waived portion
of the permit or lease unless or until there is no conflict
with bighorn sheep management; and
(3) provide for the reimbursement of range improvements in
compliance with section 4 of the Act of June 28, 1934
(commonly known as the Taylor Grazing Act; 43 U.S.C. 315c).
[[Page H9075]]
air emissions from outer continental shelf activities
Sec. 432. (a) It is the purpose of this section to ensure
that the energy policy of the United States focuses on the
expeditious and orderly development of domestic energy
resources in a manner that protects human health and the
environment.
(b) Section 328(a)(1) of the Clean Air Act (42 U.S.C.
7627(a)(1)) is amended--
(1) in the first sentence, by inserting ``(other than Outer
Continental Shelf sources located offshore of the North Slope
Borough of the State of Alaska)'' after ``Outer Continental
Shelf sources located offshore of the States along the
Pacific, Arctic and Atlantic Coasts''; and
(2) in the fourth sentence, by inserting ``and this Act''
after ``regulations''.
(c) Section 328(b) of the Clean Air Act (42 U.S.C. 7627(b))
is amended in the first sentence--
(1) by striking ``Gulf Coast''; and
(2) by inserting ``or are adjacent to the North Slope
Borough of the State of Alaska'' after ``Alabama''.
(d) The transfer of air quality permitting authority
pursuant to this section shall not invalidate or stay--
(1) any air quality permit pending or existing as of the
date of the enactment of this Act; or
(2) any proceeding related thereto.
(e)(1) The Comptroller General of the United States shall
undertake a study on the process for air quality permitting
in the Outer Continental Shelf.
(2) The study shall consist of a comparison of air quality
permitting for Outer Continental Shelf sources (as such term
is defined in section 328(a)(4) of the Clean Air Act (42
U.S.C. 7627(a)(4)) by the Department of the Interior with
such permitting by the Environmental Protection Agency,
taking into account the time elapsed between application and
permit approval, the number of applications, and the
experiences and assessments of the applicants.
(3) In carrying out the study, the Comptroller General
shall consult with the Administrator of the Environmental
Protection Agency, the Secretary of the Interior, and
applicants for air quality permits.
(4) The Comptroller General shall complete the study and
submit a report on the results of the study to the Congress
not later than September 30, 2014.
funding prohibition
Sec. 433. None of the funds made available by this Act may
be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation
that was convicted (or had an officer or agent of such
corporation acting on behalf of the corporation convicted) of
a felony criminal violation under any Federal law within the
preceding 24 months, where the awarding agency is aware of
the conviction, unless the agency has considered suspension
or debarment of the corporation, or such officer or agent and
made a determination that this further action is not
necessary to protect the interests of the Government.
limitation with respect to delinquent tax debts
Sec. 434. None of the funds made available by this Act may
be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation
with respect to which any unpaid Federal tax liability that
has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not
being paid in a timely manner pursuant to an agreement with
the authority responsible for collecting the tax liability,
where the awarding agency is aware of the unpaid tax
liability, unless the agency has considered suspension or
debarment of the corporation and made a determination that
this further action is not necessary to protect the interests
of the Government.
alaska native regional health entities
Sec. 435. (a) Notwithstanding any other provision of law
and until October 1, 2013, the Indian Health Service may not
disburse funds for the provision of health care services
pursuant to Public Law 93-638 (25 U.S.C. 450 et seq.) to any
Alaska Native village or Alaska Native village corporation
that is located within the area served by an Alaska Native
regional health entity.
(b) Nothing in this section shall be construed to prohibit
the disbursal of funds to any Alaska Native village or Alaska
Native village corporation under any contract or compact
entered into prior to May 1, 2006, or to prohibit the renewal
of any such agreement.
(c) For the purpose of this section, Eastern Aleutian
Tribes, Inc., the Council of Athabascan Tribal Governments,
and the Native Village of Eyak shall be treated as Alaska
Native regional health entities to which funds may be
disbursed under this section.
general reduction
Sec. 436. (a) Across-the-board Rescissions.--There is
hereby rescinded an amount equal to 0.16 percent of the
budget authority provided for fiscal year 2012 for any
discretionary appropriation in titles I through IV of this
Act.
(b) Proportionate Application.--Any rescission made by
subsection (a) shall be applied proportionately--
(1) to each discretionary account and each item of budget
authority described in subsection (a); and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and
activities as delineated in the appropriation Act or
accompanying reports for the relevant fiscal year covering
such account or item, or for accounts and items not included
in appropriation Acts, as delineated in the most recently
submitted President's budget).
(c) Indian Land and Water Claim Settlements.--Under the
heading ``Bureau of Indian Affairs, Indian Land and Water
Claim Settlements and Miscellaneous Payments to Indians'',
the across-the-board rescission in this section, and any
subsequent across-the-board rescission for fiscal year 2012,
shall apply only to the first dollar amount in the paragraph
and the distribution of the rescission shall be at the
discretion of the Secretary of the Interior who shall submit
a report on such distribution and the rationale therefore to
the House and Senate Committees on Appropriations.
(d) OMB Report.--Within 30 days after the date of the
enactment of this section the Director of the Office of
Management and Budget shall submit to the Committees on
Appropriations of the House of Representatives and the Senate
a report specifying the account and amount of each rescission
made pursuant to this section.
This division may be cited as the ``Department of the
Interior, Environment, and Related Agencies Appropriations
Act, 2012''.
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| Author | bbibb |
| File Modified | 0000-00-00 |
| File Created | 2021-01-29 |