Pub. L. 111-8, div. E, tit. II, under "Administrative Provisions, Environmental Protection Agency"
Administrative Provisions, Environmental Protection Agency
Administrative Provisions, Environmental Protection Agency (including rescission of funds) For fiscal year 2009, 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. For fiscal year 2009 and thereafter, the Science and Technology and Environmental Programs and Management Accounts are available for uniforms, or allowances therefore, as authorized by 5 U.S.C. 5901–02 and for services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the daily equivalent of the rate paid for level IV of the Executive Schedule. Unless specifically authorized by law, for fiscal year 2009 and thereafter, none of 123 STAT. 729 the funds available under this title for grants may be used to pay for the salaries of individual consultants at more than the daily equivalent of the rate paid for level IV of the Executive Schedule. None of the funds made available by this Act may be used in contravention of, or to delay the implementation of, Executive Order No. 12898 of February 11, 1994 (59 Fed. Reg. 7629; relating to Federal actions to address environmental justice in minority populations and low-income populations). Title II of Public Law 109–54, under the heading Administrative Provisions, is amended: in the fourth paragraph, strike “make not to exceed five appointments in any fiscal year under the authority provided in 42 U.S.C. 209 for the Office of Research and Development” and insert “employ up to thirty persons at any one time in the Office of Research and Development under the authority provided in 42 U.S.C. 209”. From unobligated balances to carry out projects and activities funded through the State and Tribal Assistance Grants Account, $10,000,000 are permanently rescinded. Of the funds provided in the Environmental Programs and Management Account, not less than $6,500,000 shall be used for activities to develop and publish a final rule not later than June 26, 2009, and to begin implementation, to require mandatory reporting of greenhouse gas emissions above appropriate thresholds in all sectors of the economy of the United States, as required by Public Law 110–161. For fiscal year 2009 and thereafter, the Science and Technology, Environmental Programs and Management, Office of Inspector General, Hazardous Substance Superfund, and Leaking Underground Storage Tank Trust Fund Program Accounts, are available for the construction, alteration, repair, rehabilitation, and renovation of facilities provided that the cost does not exceed $85,000 per project.