Page:United States Statutes at Large Volume 123.djvu/765

 123STA T .745PUBLIC LA W 111 –8—M A R .11, 2 0 0 9employ eeo fsuchd ep art me n tora g ency e x cept as other wi se pro v ided b y law .SEC . 405 . E stimated overhead charges , deductions, reserves or holdbac k s from programs, pro j ects, activities and subactivities to support government - wide, departmental, agency or bureau administrative functions or head q uarters, regional or central oper- ations shall be presented in annual budget justifications and subject to approval by the C ommittees on A ppropriations. Changes to such estimates shall be presented to the Committees on Appropriations for approval. SEC. 40 6 . N one of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the U nited States G overnment except pursuant to a transfer made by, or transfer provided in, this Act or any other Act. SEC. 40 7 . 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 F orest System or B ureau of L and M anagement lands in a manner different than such sales were conducted in fiscal year 2 006. SEC. 40 8 . (a)L IM I TA TI ON O F F U N DS . — None of the funds appro- priated 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) E X CE P TIONS.— T he provisions of subsection (a) shall not apply if the Secretary of the I nterior determines that, for the claim concerned ( 1 ) a patent application was filed with the Sec- retary on or before September 3 0,1 9 94 and (2) all requirements established under sections 2325 and 2326 of the R evised 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) REPO R T.— O n September 30, 2009, the Secretary of the Interior shall file with the H ouse and Senate Committees on Appro- priations 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 D epart- ment under the plan submitted pursuant to section 314(c) of the Department of the Interior and Related Agencies Appropriations Act, 1997 ( P ublic Law 104 – 208). (d) MINERA L 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 examina- tion of the mining claims or mill sites contained in a patent applica- tion 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. 409. 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– Paten t s.Mi nes an dm inin g . For ests and f orest p rod uc ts. B udget estimates.