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Title of Law:Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010
Law #:Public Law 111- 88
Passed by Congress:111th Congress (1st Session)

The following are excerpts, highlighted in red, from the final legislation and/or conference report which contain references to and studies for The National Academies. (Pound signs [##] between passages denote the deletion of unrelated text.)

HR2996 Dicks, N. (D-Wash.) 10/29/09
Enrolled (finally passed both houses)
Making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes.
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TITLE I—DEPARTMENT OF THE INTERIOR

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GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

(INCLUDING TRANSFERS OF FUNDS)

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POINT REYES NATIONAL SEASHORE, EXTENSION OF PERMIT

Sec. 124. Prior to the expiration on November 30, 2012 of the Drake’s Bay Oyster Company’s Reservation of Use and Occupancy and associated special use permit (“existing authorization”) within Drake’s Estero at Point Reyes National Seashore, notwithstanding any other provision of law, the Secretary of the Interior is authorized to issue a special use permit with the same terms and conditions as the existing authorization, except as provided herein, for a period of 10 years from November 30, 2012:Provided, That such extended authorization is subject to annual payments to the United States based on the fair market value of the use of the Federal property for the duration of such renewal. The Secretary shall take into consideration recommendations of the National Academy of Sciences Report pertaining to shellfish mariculture in Point Reyes National Seashore before modifying any terms and conditions of the extended authorization. Nothing in this section shall be construed to have any application to any location other than Point Reyes National Seashore; nor shall anything in this section be cited as precedent for management of any potential wilderness outside the Seashore.

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TITLE III

RELATED AGENCIES

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CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

SALARIES AND EXPENSES

For necessary expenses in carrying out activities pursuant to section 112(r)(6) of the Clean Air Act, as amended, including hire of passenger vehicles, uniforms or allowances therefore, 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, $11,147,000: 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, $600,000 shall be for a study by the National Academy of Sciences to examine the use and storage of methyl isocyanate including the feasibility of implementing alternative chemicals or processes and an examination of the cost of alternatives at the Bayer CropScience facility in Institute, West Virginia.

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HRpt 111-316 - To accompany 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
Conference Committee
(10/28/09)
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POINT REYES NATIONAL SEASHORE, EXTENSION OF PERMIT

Sec. 124. Prior to the expiration on November 30, 2012 of the Drake’s Bay Oyster Company’s Reservation of Use and Occupancy and associated special use permit (“existing authorization”) within Drake’s Estero at Point Reyes National Seashore, notwithstanding any other provision of law, the Secretary of the Interior is authorized to issue a special use permit with the same terms and conditions as the existing authorization, except as provided herein, for a period of 10 years from November 30, 2012: Provided, That such extended authorization is subject to annual payments to the United States based on the fair market value of the use of the Federal property for the duration of such renewal. The Secretary shall take into consideration recommendations of the National Academy of Sciences Report pertaining to shellfish mariculture in Point Reyes National Seashore before modifying any terms and conditions of the extended authorization. Nothing in this section shall be construed to have any application to any location other than Point Reyes National Seashore; nor shall anything in this section be cited as precedent for management of any potential wilderness outside the Seashore.

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CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

SALARIES AND EXPENSES

For necessary expenses in carrying out activities pursuant to section 112(r)(6) of the Clean Air Act, as amended, including hire of passenger vehicles, uniforms or allowances therefore, 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, $11,147,000: 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, $600,000 shall be for a study by the National Academy of Sciences to examine the use and storage of methyl isocyanate including the feasibility of implementing alternative chemicals or processes and an examination of the cost of alternatives at the Bayer CropScience facility in Institute, West Virginia.

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UNITED STATES FISH AND WILDLIFE SERVICE

RESOURCE MANAGEMENT

The conference agreement includes $1,269,406,000 instead of $1,248,756,000 as proposed by the House and $1,244,386,000 as proposed by the Senate. The detailed allocation of funding by program area and activity is included in the table at the end of the statement. In addition to the directions included in the House and Senate Committee reports, the conference agreement includes the following directions:

Ecological Services.—The conference agreement includes $311,227,000 instead of $295,127,000 as proposed by the House and $305,677,000 as proposed by the Senate.

Within the funds provided for the listing program there is $11,632,000 for critical habitat and $10,471,000 for listing. Within the funds for candidate conservation, there is $1,000,000 for sage grouse conservation in Idaho and a general increase of $1,000,000. There is an increase in the consultation program of $2,500,000 for increased monitoring and record-keeping pursuant to recommendations by the GAO.

Within the funds for the recovery program, there is $3,000,000 for responding to the State of the Birds report, $1,000,000 for the livestock loss demonstration program, $1,900,000 for increased research and monitoring on white nose syndrome in bats, $350,000 for Lahontan cutthroat trout restoration, $1,500,000 for endangered species grants to be administered by the National Fish and Wildlife Foundation, $350,000 for sea eider conservation efforts, $500,000 for whooping crane breeding facilities in Louisiana, and an increase of $200,000 for additional wolf monitoring in western States.

The conferees support the requested funding for aplomado falcon and California condor recovery. The Service is encouraged to continue to support these ongoing, successful recovery efforts.

The conferees intend that the funding included for the State of the Birds report be used to begin to initiate actions in response to the recently published multi-agency report, The State of the Birds, United States of America, 2009. This report provides a comprehensive overview of the crises and challenges confronting birds in every part of the country. The situation for native birds in Hawaii is particularly dire. Seventy-one known species of Hawaiian birds have gone extinct. Predator control and habitat preservation are critical to the survival of the 31 species of endangered birds remaining in Hawaii. The conferees therefore recommend that a significant portion of this funding be used to develop a comprehensive strategy, hire staff, and begin on the ground projects to recover endangered and threatened bird species in Hawaii.

The conference agreement includes $1,000,000 for the Wolf Livestock Loss Demonstration Project as authorized by the Omnibus Public Lands Management Act of 2009. These funds will be used to provide grants to States and Indian Tribes to assist livestock producers in undertaking proactive, non-lethal activities to reduce the risk of livestock loss due to predation by wolves, and to compensate livestock producers, as appropriate, for livestock losses due to such predation. This is a new demonstration program and the conferees encourage the agencies to act quickly to implement the program.

The Service should implement program guidelines that establish criteria for the disbursal of funds to ensure that the funds are spent efficiently and effectively with a minimum potential for waste and abuse. The Service should consult with representatives from the relevant agencies and key stakeholders to create the guidelines. The guidelines should ensure that each participating State/Tribe allocates money evenly between compensation and non-lethal activities specified in the Act and, in order to work towards reducing depredations overall, that only livestock owners who demonstrate reasonable use of nonlethal methods will remain eligible for compensation after one initial incident of reimbursable depredation.

The conferees recommend $1,900,000 for research, monitoring, and related activities to respond to the massive mortality in bats from white nose syndrome (WNS) in the northeastern and Appalachian States. This is an increase of $1,400,000 over the Senate proposed amount. WNS is spreading rapidly and poses threats of extinction to several bat species. The Service is spearheading efforts to better understand this deadly disease and learn how to limit its spread, working in conjunction with the U.S. Geological Survey, National Park Service, U.S. Forest Service, State and local partners, scientists, caving groups and conservation organizations.

Within the funds for the partners for fish and wildlife program, there is $6,000,000 for climate change projects, $1,000,000 for invasive species management in Hawaii, $350,000 for the Natural Resources Economic Enterprises Program at Mississippi State University, $500,000 for milfoil control in Maine lakes, and $500,000 for stream bank restoration in Georgia.

Within the funds provided, the conferees have included $750,000 for the Secretary of the Interior to contract with the National Academy of Sciences to conduct studies in support of sustainable water and environmental management of the Sacramento-San Joaquin Delta in California. A study shall be completed no later than March 15, 2010, addressing questions drafted by the Secretary on the subjects of (1) whether the science supports the assumptions and conclusions in the biological opinions regarding the Bureau of Reclamation operations in the Central Valley, and (2) whether lesser restrictions on pumping could avoid jeopardy to the species.

There are program increases of $1,000,000 for the coastal program, $250,000 for the national wetlands inventory and $500,000 for the environmental contaminants program.

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ADMINISTRATIVE PROVISIONS, ENVIRONMENTAL PROTECTION AGENCY

(INCLUDING TRANSFER AND RESCISSION OF FUNDS)

The conference agreement includes language proposed by the House to extend until 2015 authority provided in P.L. 109-54 (as amended by Title II of Division E of Public Law 111-8) which provides special hiring authority for the Agency’s Office of Research and Development. The conferees believe that it is in the public’s best interest to have elite scientists at the EPA addressing human health-related issues, and that they should be compensated at or near market rates. To that end, for the past five years the House and Senate Committees on Appropriations have been supportive of extending to the EPA on a pilot basis the authorities originally granted the Department of Health and Human Services under Title 42 U.S.C. 209. The conference agreement extends this authority for another five years, through FY 2015. The conferees are aware that the National Academy of Sciences is in the process of assessing and evaluating the EPA’s use of Title 42 authority, and the conferees look forward to its report. Further, the conferees urge the EPA to work with the appropriate authorizing committees to seek more permanent authorization. The conferees understand that the EPA has made 11 Title 42 appointments to date utilizing Sections 209(g) and 209(h) authorities, but has not utilized Section 209(f) authority. The conferees direct the EPA to notify the Appropriations and Authorizing Committees prior to announcing any position to be filled utilizing Section 209(f) authority.

Modified language is included to authorize the Administrator to transfer up to $475,000,000 of funds appropriated for the Great Lakes Restoration Initiative. Language authorizing a green infrastructure set-aside from the State Revolving Funds has been included in the STAG account as proposed by the Senate instead of in the Administrative Provisions section as proposed by the House. Language proposed by the House authorizing subsidized assistance from the State Revolving Funds has been included in the STAG account. The conference agreement modifies language proposed by the House to provide specific wage rate requirements for the Clean Water and Drinking Water State Revolving Funds.

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CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

SALARIES AND EXPENSES

The conference agreement provides $11,147,000 for the Chemical Safety and Hazard Investigation Board instead of $10,547,000 as proposed by the House and $11,195,000 as proposed by the Senate. The conference agreement includes language that: limits the Board to not more than three career SES positions; directs that EPA’s Inspector General serve as the Board’s Inspector General; and instructs the Board to utilize the personnel in EPA’s Office of Inspector General. The conferees have not included language to transfer funds from the Board’s account to the EPA OIG account, as proposed by the House. The Inspector General has confirmed that he has sufficient funds in fiscal year 2010 to perform this function. The conference agreement also includes the following specific funding levels and directions:

Methyl isocyanate report.—The conference agreement includes bill language that designates $600,000 for a National Academy of Sciences report on the use and storage of methyl isocyanate and alternatives at the Bayer CropScience facility in Institute, WV.

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INTERIOR AND ENVIRONMENT

[Incorporation of Congressionally Requested Projects]

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Fish and Wildlife Service -- Resource Management -- CA -- National Academy of Sciences California Delta Study -- $750,000

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DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS

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INTERIOR AND ENVIRONMENT

[Congressionally Directed Spending Items]

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Fish and Wildlife Service -- Resource Management – CA -- National Academy of Sciences California Delta Study -- $750,000 -- Feinstein

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