Page:United States Statutes at Large Volume 123.djvu/2943

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123STA T . 2 9 23 PUBLIC LA W 111 –8 8 —O CT. 3 0, 2009 ofwhic h n o t to ex cee d$6,137 , 0 00 s h al l b efo r the reno v ation or constr u ction of fire facilities

Provide

d, T hat such funds are also available for re p a ym ent of advances to other appropriation accounts from which funds were previously transferred for such purposes: Provided fu r th er, That persons hired pursuant to 4 3 U.S . C . 146 9 may be furnished subsistence and lod g ing without cost from funds available from this appropriation: Provided further, That notwith - standing 4 2 U.S.C. 1 85 6d, sums received by a bureau or office of the D epartment of the I nterior for fire protection rendered pursu- ant to 42 U.S.C. 1856 et se q ., 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 A ct, the Secretary of the Interior may enter into procurement contracts, grants, or cooperative agree- ments, for ha z ardous fuels reduction activities, and for training and monitoring associated with such hazardous fuels reduction activities, on F ederal land, or on ad j acent non-Federal land for activities that benefit resources on Federal land: Provided further, That the costs of implementing any cooperative agreement between the Federal G overnment 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 Con- tracting Act, the Secretary, for purposes of hazardous fuels reduc- tion activities, may obtain maximum practicable competition among: ( 1 ) local private, nonprofit, or cooperative entities

(2) Y outh Con- servation Corps crews, P ublic L ands 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 wor k force to complete such contracts: Pro - vided 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: Pro- vided further, That funds appropriated under this head may be used to reimburse the United States Fish and W ildlife Service and the N ational M arine Fisheries Service for the costs of carrying out their responsibilities under the E ndangered 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 manage- ment 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 Sec- retary of Agriculture may authorize the transfer of funds appro- priated 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 funds provided for wildfire suppression shall be available for support of Federal emergency response actions: Provided further, That no less than $125,000,000 in prior-year wildfire suppression balances Guidel i n e s.