[Congressional Record Volume 162, Number 112 (Tuesday, July 12, 2016)]
[House]
[Pages H4698-H4750]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2017
General Leave
Mr. CALVERT. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on H.R. 5538, and that I may include
tabular material on the same.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
The SPEAKER pro tempore. Pursuant to House Resolution 820 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the consideration of the bill, H.R. 5538.
The Chair appoints the gentleman from Illinois (Mr. Hultgren) to
preside over the Committee of the Whole.
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In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 5538) making appropriations for the Department of the Interior,
environment, and related agencies for the fiscal year ending September
30, 2017, and for other purposes, with Mr. Hultgren in the chair.
The Clerk read the title of the bill.
The CHAIR. Pursuant to the rule, the bill is considered read the
first time.
The gentleman from California (Mr. Calvert) and the gentlewoman from
Minnesota (Ms. McCollum) each will control 30 minutes.
The Chair recognizes the gentleman from California.
Mr. CALVERT. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I am pleased to bring to the floor H.R. 5538, the
fiscal year 2017 Interior, Environment, and Related Agencies
Appropriations Act.
As we begin, I want to personally thank Chairman Rogers for his
leadership and support. I also want to thank my good friend and our
ranking member, Ms. McCollum, for her partnership and work on this bill
and to say a very happy birthday. Finally, I want to thank each of our
subcommittee members for their assistance and hard work on the
legislation before us.
The fiscal year 2017 Interior and Environment bill is funded at
$32.095 billion, which is $64 million below the FY 2016 enacted level
and $1 billion below the budget request.
The committee has provided robust wildland fire funding in this bill.
Fire suppression accounts are again fully funded at the 10-year average
level, which rose by $133 million from last year. The committee also
addressed concerns about forest health and active forest management,
and provided a $30 million increase for hazardous fuels.
This bill also makes critical investments in Indian Country. Overall,
funding for the Bureaus of Indian Affairs and Education is increased by
$72 million, or 3 percent, while funding for the Indian Health Service
is increased by $271 million, or 6 percent, from fiscal year 2016
levels. This is the largest increase in this bill.
The bill provides for $2.9 billion for the National Park Service,
including more than $65 million in new funding to address the
maintenance backlog and other priorities related to the Park Service
centennial.
The bill provides $480 million to fully fund payments in lieu of
taxes, PILT, in year 2017.
We have also addressed a number of concerns within the Fish and
Wildlife Service. The bill continues funding for popular cost-shared
grant programs. It also provides additional funds to combat
international wildlife trafficking, protects fish hatcheries from cuts
and closures, continues fighting to fight invasive species, and reduces
the backlog of species that are covered but not yet delisted.
The bill provides $322 million for the Land and Water Conservation
Fund programs that enjoy broad, bipartisan support.
Funding for EPA is reduced by $164 million from fiscal year 2016
enacted levels. Again this year, there is a great deal of concern over
the number of regulatory actions being pursued by EPA in the absence of
legislation and without clear congressional direction. For this reason,
the bill includes a number of provisions to stop unnecessary and
damaging regulatory overreach by the Agency.
Before closing, I would like to make an additional point about the
challenges facing Flint, Michigan, and other communities across the
country addressing lead in drinking water. This is an issue of great
concern to the committee members. It is not a partisan issue.
What occurred in Flint has called greater attention to aging
infrastructure and the need for prudent management and oversight of
water systems. This bill provides targeted investments and prioritizes
resources that will help the EPA and Michigan respond to Flint and help
other States and communities address the needs of their water systems.
The bill provides an increase of $207 million above the fiscal year
2016 enacted level for the Drinking Water State Revolving Fund. It also
includes $50 million for the new Water Infrastructure Finance and
Innovation, otherwise known as WIFIA, program, which may be leveraged
through direct Federal loans or loan guarantees to fund up to $3
billion to $5 billion worth of water infrastructure projects
nationwide.
In addition, the bill provides increases for State grants for
improved State oversight and operations of drinking water systems and
for communities to work on integrated plans for pipe replacement. The
bill also directs the GAO to assess the number of lead service lines by
State.
Lastly, the committee is taking an additional step to provide relief
for communities like Flint by including bill language that allows
States to use State revolving fund dollars to forgive a portion of a
community's outstanding loans. This and other steps taken in this bill
will have a real impact.
In closing, I want to thank the staff on both sides for their hard
work on this bill. On the minority side, I would like to thank Rita
Culp, Jocelyn Hunn, Joe Carlile, and Rebecca Taylor. Their work is very
much appreciated.
On the majority side, I would like to thank our subcommittee staff:
Kristin Richmond, Jackie Kilroy, Betsy Bina, Jason Gray, Darren
Benjamin, and, of course, our chief clerk Dave LesStrang. I would also
like to thank Ian Foley, Rebecca Keightley, Molly Lowe, and Tricia
Evans on my personal staff, and my chief of staff, David Ramey.
Mr. Chairman, this is a good bill and it deserves Members' support.
I reserve the balance of my time.
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Ms. McCOLLUM. Mr. Chairman, I yield myself such time as I may
consume.
I would like to thank Chairman Calvert for the warm birthday wishes.
But I would also like to thank the chairman and his staff for their
open and collaborative approach, and the wonderful staff on the
Democratic side who will be helping me this evening.
This subcommittee has had a challenging portfolio of issues, and I
commend the chairman's effort to find solutions in another yet
difficult budget year.
This year's subcommittee held 14 budget hearings, 4 which involved
Native American Indians and Alaska Natives.
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The testimony provided by the 209 witnesses clearly articulated the
serious need for programs and services under this subcommittee's
jurisdiction. Unfortunately, the FY 2017 subcommittee allocation is $64
million less than last year's enacted level. This means the needs of
many important programs that are vital to protecting our Nation's
natural and cultural resources will not be met as they far outpace a
stagnant allocation. Within this constrained top line number, difficult
choices had to be made, and, sadly, the majority cut important programs
that protect the American public and conserve our natural resources.
The most significant programmatic cut is to the Environmental
Protection Agency, which is slashed by $164 million. This cut will
impact the Agency's ability to protect human health and the health of
our environment and to ensure clean air and clean water for our
families and future generations.
This year, the critical need for the EPA was unmistakable as our
Nation watched a tragedy unfold in Flint, Michigan, by which children
were poisoned by lead in their drinking water. So I find it difficult
to reconcile the cuts recommended in this bill with the public health
challenges that are faced by this country. Flint is a culmination of
years of weakening the EPA through budget cuts and an overreliance on
State agencies to manage Federal environmental laws. All of our
communities deserve and expect their government to provide clean water
and basic public health protections.
Especially in light of Flint, I must strongly object to the
majority's decision to reduce funding for clean water by $394 million,
which is 28 percent below the 2016 enacted level. Clean water and safe
drinking water go hand in hand. You cannot have one without the other.
The residents of Flint were betrayed by their State government, and,
to this day, they still do not have safe drinking water available from
their taps. The levels provided in this bill for the State Revolving
Funds are inadequate to deal with the decaying infrastructure in our
Nation, no less the emergency in Flint, Michigan.
In addition to the irresponsible cuts to the EPA, I am also troubled
by the 30 percent reduction for the Endangered Species Listing.
Reducing funding for this program opens the door for litigation, and it
delays protecting and recovering vulnerable species.
The bill also shortchanges the Land and Water Conservation Fund,
which, since its inception, has protected conservation and recreation
land in every State and has supported tens of thousands of State and
local projects. Yet, despite its merits, this bill slashes the Land and
Water Conservation Fund program by a third.
Despite this bill's shortcomings in the environmental protection and
resource conservation areas, I do, however, want to express how very
proud I am of this subcommittee's nonpartisan approach in addressing
the issues that are facing our Native American brothers and sisters. I
am pleased that this bill recommends an increase of $343 million for
programs that are critical to Indian Country.
However, I would be remiss if I did not point out, even with this
increase, the funding for Native American programs is still $172
million less than the administration's request. Native American and
Alaska Native populations face substantial hardships, and when compared
to the total population, they have poorer health, lower earnings, and
higher rates of poverty.
So we must continue to work together in our efforts to support these
communities. That is why I applaud this bill for maintaining our
commitment to provide Native American students with safe schools that
are conducive to learning and for fully funding contract support costs
so that tribes are not penalized for exercising their self-
determination rights.
Another bright spot in this bill is the continued support for the
National Parks Centennial Initiative. The bill recommends $80 million
for the Centennial, which will strengthen the foundation for visitor
services and make essential infrastructure investments.
I am also pleased that an additional $3 million is provided for the
Civil Rights Initiative grant program and that funding is included for
grants-in-aid to Historically Black Colleges and Universities.
I especially would like to thank the chairman for working with me to
resurrect the Save America's Treasures program. This program funds and
preserves nationally significant sites, structures, and artifacts. I am
very proud that, in working together, we were able to restart this
program, and I will work diligently with the chairman to make sure it
is included in the final bill. Unfortunately, this bill neglects to act
on many other opportunities to wisely invest taxpayers' dollars.
I am frustrated that the majority has, effectively, left $1.2 billion
on the table by not adopting the commonsense reforms that are
championed in Chairman Simpson's wildfire disaster funding bill. Every
member of the Subcommittee on the Interior, Environment, and Related
Agencies is a cosponsor of that bill--Democrat and Republican alike.
Yet, once again, the majority has balked and cites committee
jurisdiction. However, those jurisdictional issues did not hinder the
majority's including dozens of harmful legislative riders. I must
express my concern and disappointment with the 38 partisan riders in
this bill. The number is outrageous, and, to me, the nature of the
riders that are included panders to special interests at the expense of
the public good.
For example, the bill contains a provision that would reverse the
safety improvements that were developed following the Deepwater Horizon
tragedy. Eleven lives were lost in that explosion. I must express my
clear dismay that this bill puts the profits of big oil companies ahead
of worker safety. The veto-bait provisions that seek to turn back
protections for endangered species, to restrict control of greenhouse
gas emissions, and to undermine clean water and clean air protections
do not belong in this bill.
I acknowledge and I appreciate the efforts that have been made to
accommodate Democratic priorities in this bill. However, I still cannot
support this bill as it is drafted. Despite my current opposition, it
is my clear intention to continue working with Chairman Calvert through
this year's appropriations process to produce a responsible bill that
both parties can support. The gentleman has my word on that.
Mr. Chairman, I reserve the balance of my time.
Mr. CALVERT. Mr. Chairman, I yield such time as he may consume to the
gentleman from Kentucky (Mr. Rogers), the chairman of the full
Committee on Appropriations.
Mr. ROGERS of Kentucky. I thank the chairman for yielding.
Mr. Chairman, I rise to support this 5th of the 12 bills to be
considered on the floor. This morning, the committee marked up the 11th
of the 12 bills, and, tomorrow, the Committee on Appropriations will
mark up the 12th bill so that those bills are ready for floor action.
We would have been well on the way to completing all of these bills on
the floor but for the abbreviated legislative year in which we have
found ourselves because of the conventions and other legislation.
This bill provides nearly $32.1 billion for agencies that are charged
with managing and protecting our natural resources and our Federal
lands as well as Native American programs and other independent
agencies.
Within this total, $3.9 billion is dedicated to fighting devastating
wildfires--fully funding the 10-year average and increasing funding for
programs that help prevent fires from happening in the first place.
The bill increases funding for our commitments to American Indians
and
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Alaska Natives, addressing public safety, health, and education, among
other important services.
For rural communities that have nontaxable Federal lands and, as a
result, face huge budget shortfalls that would hurt local government
functions, the bill provides full funding for the payments in lieu of
taxes program.
This legislation also makes good use of the congressional power of
the purse by cutting the EPA by $164 million and slashing its
regulatory programs to help stop this administration's heavy handed,
onerous regulatory agenda.
Communities across the country rely on coal and other energy
production for good jobs, and hardworking Americans expect reasonable
energy bills to take care of their families. Relief from the EPA's job-
killing regulations is paramount to the economic growth that our
country desperately needs right now; so I am proud that the bill takes
the necessary steps to cut this red tape.
This includes prohibiting funds to change the definition of
``waters'' under the Federal Water Pollution Control Act or to enforce
the proposed Stream Buffer Zone Rule. The legislation also bars the EPA
from implementing new greenhouse gas regulations on power plants, and
it provides flexibility for States to implement new ozone standards.
In all, Mr. Chairman, this is a balanced bill. It invests taxpayer
dollars in the right priorities and protects against the
administration's harmful regulatory policies, which helps to ensure a
brighter future for our Nation.
I congratulate and thank the chairman of the subcommittee. Mr.
Calvert has done a wonderful job, I think, on constructing this bill.
It is a good bill that deserves all of our support, and I urge an
``aye'' vote.
Ms. McCOLLUM. Mr. Chairman, I yield 4 minutes to the gentlewoman from
New York (Mrs. Lowey), the ranking member of the full Committee on
Appropriations.
Mrs. LOWEY. I thank Chairman Calvert, Ranking Member McCollum, and
Chairman Rogers for their work on this bill.
Mr. Chairman, the bill before us would provide $32.095 billion for
the Department of the Interior and the Environmental Protection Agency,
which is a decrease of $64 million from the enacted level and a
staggering $1 billion below the President's request. As a result, the
bill contains serious shortcomings. The drastic underfunding of the
EPA, which is the agency tasked with protecting public health and
safety, with a cut of $164 million from already inadequate funding
levels, would decimate its operating budget.
The crisis in Flint is a horrifying reminder that we cannot afford to
starve the EPA. Eight thousand children under the age of 6 have likely
been exposed to lead contamination. The long-term impacts of that
exposure are severe and will not end when the water is clean. Decades
or even a lifetime of difficulty may plague those affected. Considering
the severity of the Flint water crisis, I am shocked that this bill
would cut the Clean Water State Revolving Funds. If the tragedy in
Flint has shown us anything, it is that we must invest in our Nation's
infrastructure.
Perhaps of greatest concern is the inclusion of partisan and
dangerous policy riders. Yet again this year, these controversial
riders imperil the appropriations process. These include blocking the
administration's efforts to reduce greenhouse gas emissions; stopping
the EPA from implementing its lead renovation, repair, and painting
rule, preventing the EPA from protecting millions of at-risk children
from increased exposure to lead; and, once again, attacking the
Endangered Species Act, putting politics above science and jeopardizing
the protection of precious species. Neither Democrats in Congress nor
President Obama will agree to poison pill riders that cause harm to our
environment and public health.
I concede there are a few positive elements in the bill, namely an
$80 million increase for the National Parks Centennial Initiative and
for the competitive historic preservation grant programs for
Historically Black Colleges and Universities. Unfortunately, these are
not enough to redeem the entire bill, and I must urge my colleagues to
vote against it.
Mr. CALVERT. Mr. Chairman, I yield 2 minutes to the gentleman from
Utah (Mr. Bishop), the chairman of the full Committee on Natural
Resources.
Mr. BISHOP of Utah. Mr. Chairman, this is not an easy budget area. In
fact, it is a very complex one, but this subcommittee has worked to
produce what, I believe, is one of the best bills we have seen in years
in this particular area.
Is it perfect?
Of course not, but it does move the ball forward. It moves us
forward.
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I appreciate the efforts on the part of Chairman Calvert, especially
to work with us in the authorizing committee to try and see if we can
coordinate as many of these programs that are in here. Because it is
important to realize that this appropriation bill is not just about
programs of the government.
Every one of these programs affects people. And if we are not moving
it forward so that the people are helped instead of harmed, then we are
doing something that is very myopic, and we put blinders on us, and we
don't see where we are actually trying to go.
That is why I appreciate this particular bill. This is an effort to
move us forward so we are actually doing programs that assist and help
people. I want the committee, the appropriators here, to realize I do
appreciate their effort to work with us on the authorizing side so that
we can work together for a common goal. I am happy to be able to
support this particular effort.
Ms. McCOLLUM. Mr. Chairman, I yield 3 minutes to the gentleman from
Washington State (Mr. Kilmer), a member of the Appropriations
Subcommittee on Interior, Environment, and Related Agencies.
Mr. KILMER. Mr. Chairman, I would like to thank Chairman Calvert and
Ranking Member McCollum for the work that went into this bill. I knew a
lot of difficult decisions had to be made, given our current fiscal
situation, and this bill manages to do some good.
I am pleased with the strong investments made to address the needs
across Indian Country, for example. We have taken some real steps to
bolster Indian health and education, not to mention providing some
assistance to tribes facing the very real threat of rising sea levels.
I am also glad that the committee secured strong investments in the
USGS budget for the West Coast early earthquake warning system and the
volcano hazard program. These systems are critical to monitoring and
detecting seismic and volcanic activity and giving Washingtonians and
folks on the entire West Coast a few crucial seconds to get out of
harm's way.
The bill we are debating today makes some real progress in these
areas, but unfortunately it doesn't measure up in others, particularly
when it comes to investing in the environment. This legislation is
supposed to provide critical funding for our most treasured natural
resources, and it fails to live up to what the folks we represent
demand.
For one thing, the funding is inadequate. Among the agencies hardest
hit is the Environmental Protection Agency, whose budget was cut by
more than $164 million and, judging by the list of amendments we will
be considering, I expect it will lose even more. That doesn't leave
enough for the agency to do what it does best, like clean up polluted
sites, protect our natural treasures, like Puget Sound, and make
progress on fighting climate change. Not to mention, we don't provide
any new funds to communities like Flint that are struggling to provide
clean and safe water for their citizens.
Unfortunately, a number of important priorities for States like mine
are left on the chopping block in the current bill.
In the Pacific Northwest, for example, Puget Sound is a gift, an
iconic body of water that benefits our entire Nation. We have a plan in
place to meet important restoration goals for it, but funds for the
Puget Sound geographic program and the natural estuary program are not
where they should be. These funds provide essential resources to
empower Federal, State, local, and tribal agencies to mount a
coordinated strategy to recover this iconic resource that is an
economic driver for our region.
This really matters. It matters to tribes that have lived on the
Sound
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since time immemorial. It matters to the overall health and viability
of our waterways and the livelihoods that depend on them.
We are passionate about the outdoors in Washington State, and that is
why I am also disappointed to see this bill made serious cuts in the
Land and Water Conservation Fund. In fact, it chops the funding 30
percent from last year. If we approve this approach, many shovel-ready
projects will be forever lost. That is a shame because the Land and
Water Conservation Fund is a key tool that builds public-private
partnerships and ensures real on-the-ground work gets done. It is what
we call a win-win. It is a vital tool for communities to invest in
assets for local residents and for tourists who can enjoy our natural
treasures and then spend some money at our local shops and restaurants.
We have seen hundreds of projects in Washington State as a result of
this critical program, and that is why local leaders from across my
State and others have been advocates for a permanent reauthorization of
this important program. They recognize how valuable the Land and Water
Conservation Fund is, not only for our environment and to recreation,
but also to our ability to attract tourists and bolster our economy.
For all these reasons, as well as those highlighted by Ranking Member
McCollum and others, I will not be able to support this legislation,
but, again, I appreciate the hard work on it.
Mr. CALVERT. Mr. Chair, I yield 2 minutes to the gentleman from West
Virginia (Mr. Jenkins).
Mr. JENKINS of West Virginia. Mr. Chair, I thank the chairman, the
ranking member, and the staff for all their hard work on this
legislation.
This bill is notable for what it funds and also for what it doesn't
fund. West Virginians love our clean water. We love our clean air. We
love our mountains and our forests.
We worked hard on this bill to ensure West Virginia's priorities were
maintained and addressed. We included full funding, $480 million, for a
program that provides important resources for local schools and
counties like Pocahontas, Greenbrier, Nicholas, Webster, and Fayette in
my district.
We have also provided an additional $90 million for the abandoned
mine lands pilot program. This will continue to restore these sites in
West Virginia and return them to productive economic use; agriculture,
manufacturing, tourism, and much, much more.
What West Virginians do not love in this President's war on coal is
its impact. West Virginians' jobs and our families' livelihoods are on
the line. Once again, the President requested hundreds of millions of
dollars to spend on regulations, programs, and lawyers to make it
harder for West Virginians and our Nation to mine and use coal.
Our State has lost more than 10,000 coal jobs over the last 5 years,
due to this administration's policies. Our counties are being
devastated, losing revenue from the coal severance tax that funds
schools, hospitals, emergency services, and so much more.
Our coal miners live with uncertainty, wondering if this is the day
they will get a pink slip when they come out of the mines. The
President's war on coal is bankrupting the health and retirement of
seniors and widows, jeopardizing their financial security. Today, we
say ``no'' to funding the war on coal and ``no'' to regulatory
overreach.
In this bill, we hold the line on the EPA. We cut their regulatory
budget. We maintain the lowest agency staffing level since 1989. We
halt the harmful, job-killing rules at EPA and Office of Surface
Mining, rules that would make electricity more expensive, rules like
the stream buffer zone rule that would shut down even more mines, rules
that would expand the EPA's reach and impose unrealistic standards on
our communities.
The CHAIR. The time of the gentleman has expired.
Mr. CALVERT. Mr. Chair, I yield an additional 30 seconds to the
gentleman.
Mr. JENKINS of West Virginia. I urge our colleagues on the other side
of the aisle to recognize the devastating impact these rules are
already having. Please support our efforts.
I encourage support of this excellent measure.
Ms. McCOLLUM. Mr. Chairman, I yield 3 minutes to the gentlewoman from
Maine (Ms. Pingree), a member of the Appropriations Subcommittee on
Interior, Environment, and Related Agencies.
Ms. PINGREE. Mr. Chair, I rise today in opposition to this bill, but
want to take a moment to recognize the hard work our subcommittee has
put into this legislation. I do appreciate the work of Chairman Calvert
and Ranking Member McCollum on this bill.
This bill is critical to our country, and there are so many programs
in it that are vital to my constituents in Maine. Programs like the
National Park Service, the Fish and Wildlife Service, and the Land and
Water Conservation Fund, are all funded in this bill and all provide
vital programs, resources, and research to my State and to the Nation
as a whole.
Although we worked in a bipartisan fashion to create this bill, at
the end of the day, the funding levels are still too low. The bill
provides $64 million below the FY 2016 enacted level and $1 billion
below the President's budget request.
Although I am very glad to see programs for our local arts
communities, such as the NEA and NEH, are increased and that programs
for our local infrastructure, such as the Clean Water Fund are funded
slightly above the President's request, there is not enough money in
the bill for our national needs. In particular, the EPA overall is not
funded to the levels that we need as a Nation.
Back home in Maine, one of the most often cited needs of our
communities is for more infrastructure resources. In some towns, that
means transportation infrastructure, and in others, it means water and
sewer infrastructure. In the past decade where there have been never-
ending Federal, State, and local budget cuts, ensuring our communities
have clean water is not an easy task. The tragedy in Flint, Michigan,
reminded us all of that fact.
This year, the State revolving funds programs get an increase in the
chairman's bill, and I want to thank him for that. But it is still too
much lost time that needs to be made up for in these accounts.
The riders in the bill regarding the EPA are an even bigger concern,
and would hinder the EPA's ability to regulate things from lead paint,
to carbon pollution, to the cleanup of mines.
Again, we can do better. Our Nation deserves a better bill.
I urge my colleagues to oppose this bill.
Mr. CALVERT. Mr. Chair, may I inquire how much time remains?
The CHAIR. The gentleman from California has 17 minutes remaining,
and the gentlewoman from Minnesota has 14 minutes remaining.
Mr. CALVERT. Mr. Chairman, I yield 2 minutes to the gentleman from
Georgia (Mr. Graves) for a colloquy.
Mr. GRAVES of Georgia. Mr. Chairman, I want to thank Chairman Calvert
for the opportunity to dialogue for a moment and for his work and the
subcommittee's work on this bill.
I want to just take a moment to highlight an important issue to many
of my constituents that was addressed in the report accompanying last
year's Interior appropriations bill. Since that time, the EPA has been
working to provide the guidance called for in that report through a
study now underway through their agency and through several other
agencies dealing with the health impacts of recycled rubber infill that
is on synthetic playing fields.
Now of particular concern, however, is that the research protocol to
test these fields does not provide control for sources of possible
contamination, which could be done by simply sampling nearby natural
fields as well.
Now, since there has been much research done on this subject, I
expect the EPA to consider available research and report its results in
a way that relates it to established health-based guidelines that are
currently in place.
Mr. Chairman, finally, it is important that the research is conducted
in a timely manner, most importantly, during the first half of this
next fiscal year to remove the uncertainty that continues to surround
this issue and cause undue concern among parents, athletes, and field
users alike.
I would like to thank Chairman Calvert, again, for his work to
address these issues, and I look forward to continuing to work with him
and the subcommittee as we go forward.
[[Page H4723]]
Mr. CALVERT. Mr. Chair, I thank the Congressman from Georgia (Mr.
Graves), a member of our committee who has been closely tracking this.
I appreciate his attention to the issue and the update regarding EPA's
activities to implement the direction in fiscal year 2016 report. I
look forward to working with him to address this as we move forward
with the fiscal year 2017 process.
Ms. McCOLLUM. Mr. Chairman, I reserve the balance of my time.
Mr. CALVERT. Mr. Chairman, I yield 2 minutes to the gentleman from
Florida (Mr. Mica) for the purpose of a colloquy.
Mr. MICA. Mr. Chairman, I thank the gentleman for yielding and
appreciate his tireless leadership in leading this appropriation
subcommittee's work and ensuring our Nation's lands and parks are
funded and protected.
I rise today, Mr. Chairman, under concern for a true national
treasure that is in St. Augustine, Florida. It is the Castillo de San
Marcos National Monument. In fact, actually 14 years ago, work began on
a project to create a visitors center at the Castillo, which doesn't
really have any facilities for more than 1.4 million visitors each year
to that location. In fact, in Florida, it is the second highest visited
National Park location, second only to the Everglades National Park.
They have been struggling over the years to keep pace and make the
visit meaningful and educational for those who visit. We also know that
at Fort Sumter and also at Fort McHenry, which actually fewer numbers
of visitors, we have new visitors centers; but we don't have one in
this location.
Since the passage of this law some 12 years ago, the Department of
the Interior and National Park Service have completed extensive and
necessary studies. I think we have probably spent $1 million. I brought
one of the drafts and some of the other reports.
I am hopeful, through the Centennial Challenge Project or other
National Park Service programs, that our many years of hard work to
renovate the Castillo and also provide a visitors center can come to
fruition through the project lead the gentleman has taken with the
centennial fund. So that is the reason I rise. I ask your support as we
move forward on this project.
{time} 1715
Mr. CALVERT. Will the gentleman yield?
Mr. MICA. I yield to the gentleman from California.
Mr. CALVERT. I appreciate the gentleman raising this issue. I
recognize your longstanding history of work on this effort, and I look
forward to continuing to work with you on this important issue.
Ms. McCOLLUM. Mr. Chairman, I reserve the balance of my time.
Mr. CALVERT. Mr. Chairman, I yield 2 minutes to the gentleman from
Ohio (Mr. Gibbs).
Mr. GIBBS. I thank the chairman for yielding.
Mr. Chairman, I rise today in support of H.R. 5538, the Department of
the Interior, Environment, and Related Agencies Appropriations bill for
fiscal year 2017. This bill responsibly ensures that EPA's regulatory
overreach is checked by Congress. Key provisions in this legislation
will stop the EPA's most burdensome and damaging regulations, including
the waters of the United States rule.
WOTUS is nothing more than a power grab that will expand the Federal
Clean Water Act jurisdiction. This rule would force farmers, ranchers,
manufacturers, local governments, and property owners to seek
permission from Federal bureaucrats before beginning any activity
remotely related to water, and this must be stopped.
I am also pleased to see the committee supports fully funding an
integrated planning approach to help communities affordably manage and
meet their regulatory obligations under the Clean Water Act.
Communities face enormous financial pressure to provide quality
drinking and wastewater for their residents. Integrated planning will
allow communities to work with the EPA to determine investments that
ensure the greatest water quality benefit.
Lastly, this bill provides new funding for the Water Infrastructure
Finance Innovation Act, otherwise known as WIFIA, that was authorized
in WRRDA 2014. This loan and loan guarantee program works as a
complement to the Clean Water SRF to provide communities with options
and flexibility for their water infrastructure projects.
With each WIFIA dollar loaned able to leverage $10, I look forward to
the EPA making the first WIFIA loans in FY 2017 and monitoring the
program's success. I thank Chairman Calvert for recognizing the
importance of these provisions and for putting together a bill that
sets appropriate levels for the agencies and programs.
Ms. McCOLLUM. Mr. Chairman, I yield back the balance of my time.
Mr. CALVERT. Mr. Chairman, I yield back the balance of my time.
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Chair, I rise in strong
opposition to H.R. 5538, the Department of the Interior, Environment,
and Related Agencies Appropriations Act for FY2017. Whatever
constructive provisions it may contain are far outweighed by those that
will do real damage if enacted. H.R. 5538 is a bill that is riddled
with anti-environment riders, among other harmful provisions, which are
intended to diminish the ability of the Department of Interior and the
Environmental Protection Agency to protect public health and the
environment.
As Ranking Member of the Science Committee, I am certainly familiar
with the anti-EPA rhetoric emanating from too many on the Majority
side. Fortunately, their attempts to override the growing chorus of
American voices demanding action on climate change is failing, and
communities across the Nation are showing strong support for EPA's
efforts to reduce harmful greenhouse gas emissions, implement tighter
ozone standards, and protect public health.
Unfortunately, there are those in this House who apparently have
turned a deaf ear to the American people, and instead provide a forum
for those who seek to undermine EPA's work, seemingly at every turn.
This bill is another vehicle for implementing those obstructive views.
There is no greater evidence of this reality than the blanket
prohibition found in this bill on any EPA action ``to address methane
emissions'' from the oil and gas industry. While the people in
California are still reeling from the largest methane leak in U.S.
history, it seems unconscionable to me that we would prohibit EPA from
taking any action on issues related to methane emissions.
In addition, some of my Republican colleagues have grown fond of
insisting that EPA should only rely on publically available scientific
information to support their rules and actions. While the goal of a
transparent government is laudable, the consequence of their insistence
is not a more transparent EPA, but an EPA that would be limited as to
what science they may consider. As my colleagues and I have said
before, we cannot support a bill and accompanying report that limits,
or prohibits, EPA from using the best and most relevant science.
Moreover, in response to perceived delays in providing documents
requested by Congress, the authors of this legislation would seemingly
punish the hardworking men and women of EPA's Congressional affairs
office by reducing their budget request by 4 million dollars. If my
colleagues really want to address EPA's inability to provide timely
responses to an ever increasing amount of Congressional document
requests, they would not cut the budget of the office tasked with
providing those responses. It may feel good to those proposing the cut,
but it is a self-defeating approach to addressing the ostensible
problem.
Finally, I would note that a number of amendments have been made in
order that, if adopted, will only make a bad bill worse. I intended to
oppose them when they come up for votes.
In closing, I cannot support an appropriations bill that, among its
defects, would diminish the ability of EPA to protect public health and
the environment, and would prohibit EPA from using the best and most
relevant science. I strongly urge my colleagues to oppose H.R. 5538.
Ms. LEE. Mr. Chair, first, let me thank Ranking Member McCollum, for
her tremendous leadership on this subcommittee and all environmental
issues.
Mr. Chair, I rise in strong opposition to H.R. 5538, the Fiscal Year
2017 Interior and Environment Appropriations Bill. This bill
dangerously cuts spending by $64 million cut from FY16 and is $1
billion less than the President's FY2017 request.
And this is yet another spending bill filled with ideologically
driven riders from House Republicans.
While there are few positives in this bill, like restoration of
Historically Black Colleges and Universities (HBCU) grants under the
Historic Preservation Fund and an increase in the Drinking Water State
Revolving Fund and Water Infrastructure program, there are too
[[Page H4724]]
many poison riders and cuts to critical programs.
For instance, this bill still falls short of providing all of the
necessary funding to address the Flint water crisis and fix our
decaying water infrastructure.
As I've mentioned before, I was part of a Congressional Delegation
that recently traveled to Flint, Michigan to listen to the residents of
Flint regarding the horrendous impact of these government decisions
that lead to the poising of those of children and families. The
environmental injustice in Flint is an example of how many low-income
communities of color are treated differently than affluent communities
around the country.
That is why full funding for the EPA is more important than ever. Yet
this bill cuts the EPA by $164 million from FY16 levels.
That is downright wrong.
This dramatic cut will harm our nation's ability to protect the
health of our communities, our environment and to ensure clean water
for our children.
Mr. Chair, as I said before, the numerous dangerous and offensive
policy riders included in this bill--just to name a few--would block
the EPA's Clean Power Plan and the Office of Surface Mining's stream
protection rule, both of which help curtail dirty and harmful U.S. coal
mining.
These appalling riders would roll back years of progress; undermine
the Administration's ability to protect endangered species, and to keep
our land, water, and air clean.
I hope my colleagues will join me in opposition to this bill until
Republican appropriators stop the political gamesmanship and get
serious about funding our government to meet our Nation's vital needs.
The CHAIR. All time for general debate has expired.
Pursuant to House Resolution 820, the bill shall be considered for
amendment under the 5-minute rule and shall be considered read through
page 184, line 21.
The text of the bill through page 184, line 21, is as follows:
H.R. 5538
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Department of
the Interior, environment, and related agencies for the
fiscal year ending September 30, 2017, and for other
purposes, namely:
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification,
acquisition of easements and other interests in lands, and
performance of other functions, including maintenance of
facilities, as authorized by law, in the management of lands
and their resources under the jurisdiction of the Bureau of
Land Management, including the general administration of the
Bureau, and assessment of mineral potential of public lands
pursuant to section 1010(a) of Public Law 96-487 (16 U.S.C.
3150(a)), $1,081,922,000, to remain available until expended,
including all such amounts as are collected from permit
processing fees, as authorized but made subject to future
appropriation by section 35(d)(3)(A)(i) of the Mineral
Leasing Act (30 U.S.C. 191), except that amounts from permit
processing fees may be used for any bureau-related expenses
associated with the processing of oil and gas applications
for permits to drill and related use of authorizations; of
which $3,000,000 shall be available in fiscal year 2017
subject to a match by at least an equal amount by the
National Fish and Wildlife Foundation for cost-shared
projects supporting conservation of Bureau lands; and such
funds shall be advanced to the Foundation as a lump-sum grant
without regard to when expenses are incurred.
In addition, $39,696,000 is for Mining Law Administration
program operations, including the cost of administering the
mining claim fee program, to remain available until expended,
to be reduced by amounts collected by the Bureau and credited
to this appropriation from mining claim maintenance fees and
location fees that are hereby authorized for fiscal year
2017, so as to result in a final appropriation estimated at
not more than $1,081,922,000, and $2,000,000, to remain
available until expended, from communication site rental fees
established by the Bureau for the cost of administering
communication site activities.
land acquisition
For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94-579, including administrative
expenses and acquisition of lands or waters, or interests
therein, $19,400,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended.
oregon and california grant lands
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other
improvements on the revested Oregon and California Railroad
grant lands, on other Federal lands in the Oregon and
California land-grant counties of Oregon, and on adjacent
rights-of-way; and acquisition of lands or interests therein,
including existing connecting roads on or adjacent to such
grant lands; $106,985,000, to remain available until
expended: Provided, That 25 percent of the aggregate of all
receipts during the current fiscal year from the revested
Oregon and California Railroad grant lands is hereby made a
charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in
accordance with the second paragraph of subsection (b) of
title II of the Act of August 28, 1937 (43 U.S.C. 1181f).
range improvements
For rehabilitation, protection, and acquisition of lands
and interests therein, and improvement of Federal rangelands
pursuant to section 401 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1751), notwithstanding any
other Act, sums equal to 50 percent of all moneys received
during the prior fiscal year under sections 3 and 15 of the
Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount
designated for range improvements from grazing fees and
mineral leasing receipts from Bankhead-Jones lands
transferred to the Department of the Interior pursuant to
law, but not less than $10,000,000, to remain available until
expended: Provided, That not to exceed $600,000 shall be
available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to
processing application documents and other authorizations for
use and disposal of public lands and resources, for costs of
providing copies of official public land documents, for
monitoring construction, operation, and termination of
facilities in conjunction with use authorizations, and for
rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579 (43 U.S.C. 1701 et seq.),
and under section 28 of the Mineral Leasing Act (30 U.S.C.
185), to remain available until expended: Provided, That
notwithstanding any provision to the contrary of section
305(a) of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys
that have been or will be received pursuant to that section,
whether as a result of forfeiture, compromise, or settlement,
if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be
expended under the authority of this Act by the Secretary to
improve, protect, or rehabilitate any public lands
administered through the Bureau of Land Management which have
been damaged by the action of a resource developer,
purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action
are used on the exact lands damaged which led to the action:
Provided further, That any such moneys that are in excess of
amounts needed to repair damage to the exact land for which
funds were collected may be used to repair other damaged
public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as
may be contributed under section 307 of Public Law 94-579 (43
U.S.C. 1737), and such amounts as may be advanced for
administrative costs, surveys, appraisals, and costs of
making conveyances of omitted lands under section 211(b) of
that Act (43 U.S.C. 1721(b)), to remain available until
expended.
administrative provisions
The Bureau of Land Management may carry out the operations
funded under this Act by direct expenditure, contracts,
grants, cooperative agreements and reimbursable agreements
with public and private entities, including with States.
Appropriations for the Bureau shall be available for
purchase, erection, and dismantlement of temporary
structures, and alteration and maintenance of necessary
buildings and appurtenant facilities to which the United
States has title; up to $100,000 for payments, at the
discretion of the Secretary, for information or evidence
concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to
exceed $10,000: Provided, That notwithstanding Public Law 90-
620 (44 U.S.C. 501), the Bureau may, under cooperative cost-
sharing and partnership arrangements authorized by law,
procure printing services from cooperators in connection with
jointly produced publications for which the cooperators share
the cost of printing either in cash or in services, and the
Bureau determines the cooperator is capable of meeting
accepted quality standards: Provided further, That projects
to be funded pursuant to a written commitment by a State
government to provide an identified amount of money in
support of the project may be carried out by the Bureau on a
reimbursable basis. Appropriations herein made shall not be
available for the destruction of healthy, unadopted, wild
horses and burros in the care of the Bureau or its
contractors or for the sale of wild horses and burros that
results in their destruction for processing into commercial
products: Provided further, That the Secretary shall approve
any use of a right-of-way granted pursuant to the General
Railroad Right-of-Way Act of 1875 (43 U.S.C. 934-939) if
authorization of the use would have
[[Page H4725]]
been considered under Department policy to be within the
scope of a railroad's authority as of the day before the
effective date of the Department's Solicitor's Opinion M-
37025, issued on November 4, 2011.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and
Wildlife Service, as authorized by law, and for scientific
and economic studies, general administration, and for the
performance of other authorized functions related to such
resources, $1,255,004,000, to remain available until
September 30, 2018: Provided, That not to exceed $14,411,000
shall be used for implementing subsections (a), (b), (c), and
(e) of section 4 of the Endangered Species Act of 1973 (16
U.S.C. 1533) (except for processing petitions, developing and
issuing proposed and final regulations, and taking any other
steps to implement actions described in subsection (c)(2)(A),
(c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to exceed
$1,501,000 shall be used for any activity regarding the
designation of critical habitat, pursuant to subsection
(a)(3), excluding litigation support, for species listed
pursuant to subsection (a)(1) prior to October 1, 2015; of
which not to exceed $1,501,000 shall be used for any activity
regarding petitions for species that are indigenous to the
United States pursuant to subsections (b)(3)(A) and
(b)(3)(B); and, of which not to exceed $1,504,000 shall be
used for implementing subsections (a), (b), (c), and (e) of
section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533) for species that are not indigenous to the United
States.
construction
For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation,
management, investigation, protection, and utilization of
fish and wildlife resources, and the acquisition of lands and
interests therein; $14,837,000, to remain available until
expended.
land acquisition
For expenses necessary to carry out chapter 2003 of title
54, United States Code, including administrative expenses,
and for acquisition of land or waters, or interest therein,
in accordance with statutory authority applicable to the
United States Fish and Wildlife Service, $50,300,000, to be
derived from the Land and Water Conservation Fund and to
remain available until expended, of which, notwithstanding
section 200306 of title 54, United States Code, not more than
$10,000,000 shall be for land conservation partnerships
authorized by the Highlands Conservation Act of 2004,
including not to exceed $320,000 for administrative expenses:
Provided, That none of the funds appropriated for specific
land acquisition projects may be used to pay for any
administrative overhead, planning or other management costs.
cooperative endangered species conservation fund
For expenses necessary to carry out section 6 of the
Endangered Species Act of 1973 (16 U.S.C. 1535), $55,590,000,
to remain available until expended, of which $24,790,000 is
to be derived from the Cooperative Endangered Species
Conservation Fund; and of which $30,800,000 is to be derived
from the Land and Water Conservation Fund.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the
North American Wetlands Conservation Act (16 U.S.C. 4401 et
seq.), $37,645,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical
Migratory Bird Conservation Act (16 U.S.C. 6101 et seq.),
$3,910,000, to remain available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the
Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301
et seq.), the Great Ape Conservation Act of 2000 (16 U.S.C.
6301 et seq.), and the Marine Turtle Conservation Act of 2004
(16 U.S.C. 6601 et seq.), $11,061,000, to remain available
until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the
District of Columbia, Puerto Rico, Guam, the United States
Virgin Islands, the Northern Mariana Islands, American Samoa,
and Indian tribes under the provisions of the Fish and
Wildlife Act of 1956 and the Fish and Wildlife Coordination
Act, for the development and implementation of programs for
the benefit of wildlife and their habitat, including species
that are not hunted or fished, $62,571,000, to remain
available until expended: Provided, That of the amount
provided herein, $4,334,000 is for a competitive grant
program for Indian tribes not subject to the remaining
provisions of this appropriation: Provided further, That
$7,237,000 is for a competitive grant program to implement
approved plans for States, territories, and other
jurisdictions and at the discretion of affected States, the
regional Associations of fish and wildlife agencies, not
subject to the remaining provisions of this appropriation:
Provided further, That the Secretary shall, after deducting
$11,571,000 and administrative expenses, apportion the amount
provided herein in the following manner: (1) to the District
of Columbia and to the Commonwealth of Puerto Rico, each a
sum equal to not more than one-half of 1 percent thereof; and
(2) to Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern Mariana
Islands, each a sum equal to not more than one-fourth of 1
percent thereof: Provided further, That the Secretary shall
apportion the remaining amount in the following manner: (1)
one-third of which is based on the ratio to which the land
area of such State bears to the total land area of all such
States; and (2) two-thirds of which is based on the ratio to
which the population of such State bears to the total
population of all such States: Provided further, That the
amounts apportioned under this paragraph shall be adjusted
equitably so that no State shall be apportioned a sum which
is less than 1 percent of the amount available for
apportionment under this paragraph for any fiscal year or
more than 5 percent of such amount: Provided further, That
the Federal share of planning grants shall not exceed 75
percent of the total costs of such projects and the Federal
share of implementation grants shall not exceed 65 percent of
the total costs of such projects: Provided further, That the
non-Federal share of such projects may not be derived from
Federal grant programs: Provided further, That any amount
apportioned in 2017 to any State, territory, or other
jurisdiction that remains unobligated as of September 30,
2018, shall be reapportioned, together with funds
appropriated in 2019, in the manner provided herein.
administrative provisions
The United States Fish and Wildlife Service may carry out
the operations of Service programs by direct expenditure,
contracts, grants, cooperative agreements and reimbursable
agreements with public and private entities. Appropriations
and funds available to the United States Fish and Wildlife
Service shall be available for repair of damage to public
roads within and adjacent to reservation areas caused by
operations of the Service; options for the purchase of land
at not to exceed $1 for each option; facilities incident to
such public recreational uses on conservation areas as are
consistent with their primary purpose; and the maintenance
and improvement of aquaria, buildings, and other facilities
under the jurisdiction of the Service and to which the United
States has title, and which are used pursuant to law in
connection with management, and investigation of fish and
wildlife resources: Provided, That notwithstanding 44 U.S.C.
501, the Service may, under cooperative cost sharing and
partnership arrangements authorized by law, procure printing
services from cooperators in connection with jointly produced
publications for which the cooperators share at least one-
half the cost of printing either in cash or services and the
Service determines the cooperator is capable of meeting
accepted quality standards: Provided further, That the
Service may accept donated aircraft as replacements for
existing aircraft: Provided further, That notwithstanding 31
U.S.C. 3302, all fees collected for non-toxic shot review and
approval shall be deposited under the heading ``United States
Fish and Wildlife Service--Resource Management'' and shall be
available to the Secretary, without further appropriation, to
be used for expenses of processing of such non-toxic shot
type or coating applications and revising regulations as
necessary, and shall remain available until expended:
Provided further, that none of the funds made available to
the Service by this Act may be used to close or otherwise
terminate operations of any of the 90 units of the National
Fish Hatchery System.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the
National Park Service and for the general administration of
the National Park Service, $2,435,047,000, of which
$10,032,000 for planning and interagency coordination in
support of Everglades restoration and $134,461,000 for
maintenance, repair, or rehabilitation projects for
constructed assets shall remain available until September 30,
2018: Provided, That funds appropriated under this heading in
this Act are available for the purposes of section 5 of
Public Law 95-348.
national recreation and preservation
For expenses necessary to carry out recreation programs,
natural programs, cultural programs, heritage partnership
programs, environmental compliance and review, international
park affairs, and grant administration, not otherwise
provided for, $62,632,000.
historic preservation fund
For expenses necessary in carrying out the National
Historic Preservation Act (division A of subtitle III of
title 54, United States Code), $78,410,000, to be derived
from the Historic Preservation Fund and to remain available
until September 30, 2018, of which $5,000,000 shall be for
Save America's Treasures grants for preservation of national
significant sites, structures, and artifacts as authorized by
section 7303 of the Omnibus Public Land Management Act of
2009 (54 U.S.C. 3089): Provided, That an individual Save
America's Treasures grant shall be matched by non-Federal
funds: Provided further, That individual projects shall only
be eligible for one grant: Provided further, That all
projects to be funded shall be approved by the Secretary of
the Interior in consultation with the House and Senate
Committees on
[[Page H4726]]
Appropriations: Provided further, That of the funds provided
for the Historic Preservation Fund, $500,000 is for
competitive grants for the survey and nomination of
properties to the National Register of Historic Places and as
National Historic Landmarks associated with communities
currently underrepresented, as determined by the Secretary,
$11,000,000 is for competitive grants to preserve the sites
and stories of the Civil Rights movement, and $3,000,000 is
for grants to Historically Black Colleges and Universities:
Provided further, That such competitive grants shall be made
without imposing the matching requirements in section
302902(b)(3) of title 54, United States Code to States and
Indian tribes as defined in chapter 3003 of such title,
Native Hawaiian organizations, local governments, including
Certified Local Governments, and nonprofit organizations.
construction
For construction, improvements, repair, or replacement of
physical facilities, and compliance and planning for programs
and areas administered by the National Park Service,
$215,707,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, for any
project initially funded in fiscal year 2017 with a future
phase indicated in the National Park Service 5-Year Line Item
Construction Plan, a single procurement may be issued which
includes the full scope of the project: Provided further,
That the solicitation and contract shall contain the clause
availability of funds found at 48 CFR 52.232-18: Provided
further, That National Park Service Donations, Park
Concessions Franchise Fees, and Recreation Fees may be made
available for the cost of adjustments and changes within the
original scope of effort for projects funded by the National
Park Service Construction appropriation: Provided further,
That the Secretary of the Interior shall consult with the
Committees on Appropriations, in accordance with current
reprogramming thresholds, prior to making any charges
authorized by this section.
land and water conservation fund
(rescission)
The contract authority provided for fiscal year 2017 by
section 200308 of title 54, United States Code, is rescinded.
land acquisition and state assistance
For expenses necessary to carry out chapter 2003 of title
54, United States Code, including administrative expenses,
and for acquisition of lands or waters, or interest therein,
in accordance with the statutory authority applicable to the
National Park Service, $128,752,000, to be derived from the
Land and Water Conservation Fund and to remain available
until expended, of which $80,000,000 is for the State
assistance program and of which $10,000,000 shall be for the
American Battlefield Protection Program grants as authorized
by chapter 3081 of title 54, United States Code.
centennial challenge
For expenses necessary to carry out the provisions of
section 101701 of title 54, United States Code, relating to
challenge cost share agreements, $30,000,000, to remain
available until expended, for Centennial Challenge projects
and programs: Provided, That not less than 50 percent of the
total cost of each project or program shall be derived from
non-Federal sources in the form of donated cash, assets, or a
pledge of donation guaranteed by an irrevocable letter of
credit.
administrative provisions
(including transfer of funds)
In addition to other uses set forth in section 101917(c)(2)
of title 54, United States Code, franchise fees credited to a
sub-account shall be available for expenditure by the
Secretary, without further appropriation, for use at any unit
within the National Park System to extinguish or reduce
liability for Possessory Interest or leasehold surrender
interest. Such funds may only be used for this purpose to the
extent that the benefitting unit anticipated franchise fee
receipts over the term of the contract at that unit exceed
the amount of funds used to extinguish or reduce liability.
Franchise fees at the benefitting unit shall be credited to
the sub-account of the originating unit over a period not to
exceed the term of a single contract at the benefitting unit,
in the amount of funds so expended to extinguish or reduce
liability.
For the costs of administration of the Land and Water
Conservation Fund grants authorized by section 105(a)(2)(B)
of the Gulf of Mexico Energy Security Act of 2006 (Public Law
109-432), the National Park Service may retain up to 3
percent of the amounts which are authorized to be disbursed
under such section, such retained amounts to remain available
until expended.
National Park Service funds may be transferred to the
Federal Highway Administration (FHWA), Department of
Transportation, for purposes authorized under 23 U.S.C. 204.
Transfers may include a reasonable amount for FHWA
administrative support costs.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research
covering topography, geology, hydrology, biology, and the
mineral and water resources of the United States, its
territories and possessions, and other areas as authorized by
43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to
power permittees and Federal Energy Regulatory Commission
licensees; administer the minerals exploration program (30
U.S.C. 641); conduct inquiries into the economic conditions
affecting mining and materials processing industries (30
U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related
purposes as authorized by law; and to publish and disseminate
data relative to the foregoing activities; $1,080,006,000, to
remain available until September 30, 2018; of which
$63,637,189 shall remain available until expended for
satellite operations; and of which $7,280,000 shall be
available until expended for deferred maintenance and capital
improvement projects that exceed $100,000 in cost: Provided,
That none of the funds provided for the ecosystem research
activity shall be used to conduct new surveys on private
property, unless specifically authorized in writing by the
property owner: Provided further, That no part of this
appropriation shall be used to pay more than one-half the
cost of topographic mapping or water resources data
collection and investigations carried on in cooperation with
States and municipalities.
administrative provisions
From within the amount appropriated for activities of the
United States Geological Survey such sums as are necessary
shall be available for contracting for the furnishing of
topographic maps and for the making of geophysical or other
specialized surveys when it is administratively determined
that such procedures are in the public interest; construction
and maintenance of necessary buildings and appurtenant
facilities; acquisition of lands for gauging stations and
observation wells; expenses of the United States National
Committee for Geological Sciences; and payment of
compensation and expenses of persons employed by the Survey
duly appointed to represent the United States in the
negotiation and administration of interstate compacts:
Provided, That activities funded by appropriations herein
made may be accomplished through the use of contracts,
grants, or cooperative agreements as defined in section 6302
of title 31, United States Code: Provided further, That the
United States Geological Survey may enter into contracts or
cooperative agreements directly with individuals or
indirectly with institutions or nonprofit organizations,
without regard to 41 U.S.C. 6101, for the temporary or
intermittent services of students or recent graduates, who
shall be considered employees for the purpose of chapters 57
and 81 of title 5, United States Code, relating to
compensation for travel and work injuries, and chapter 171 of
title 28, United States Code, relating to tort claims, but
shall not be considered to be Federal employees for any other
purposes.
Bureau of Ocean Energy Management
ocean energy management
For expenses necessary for granting leases, easements,
rights-of-way and agreements for use for oil and gas, other
minerals, energy, and marine-related purposes on the Outer
Continental Shelf and approving operations related thereto,
as authorized by law; for environmental studies, as
authorized by law; for implementing other laws and to the
extent provided by Presidential or Secretarial delegation;
and for matching grants or cooperative agreements,
$169,306,000, of which $74,362,000, is to remain available
until September 30, 2018, and of which $94,944,000 is to
remain available until expended: Provided, That this total
appropriation shall be reduced by amounts collected by the
Secretary and credited to this appropriation from additions
to receipts resulting from increases to lease rental rates in
effect on August 5, 1993, and from cost recovery fees from
activities conducted by the Bureau of Ocean Energy Management
pursuant to the Outer Continental Shelf Lands Act, including
studies, assessments, analysis, and miscellaneous
administrative activities: Provided further, That the sum
herein appropriated shall be reduced as such collections are
received during the fiscal year, so as to result in a final
fiscal year 2017 appropriation estimated at not more than
$74,362,000: Provided further, That not to exceed $3,000
shall be available for reasonable expenses related to
promoting volunteer beach and marine cleanup activities.
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
(including rescission of funds)
For expenses necessary for the regulation of operations
related to leases, easements, rights-of-way and agreements
for use for oil and gas, other minerals, energy, and marine-
related purposes on the Outer Continental Shelf, as
authorized by law; for enforcing and implementing laws and
regulations as authorized by law and to the extent provided
by Presidential or Secretarial delegation; and for matching
grants or cooperative agreements, $136,968,000, of which
$93,438,000 is to remain available until September 30, 2018,
and of which $43,530,000 is to remain available until
expended: Provided, That this total appropriation shall be
reduced by amounts collected by the Secretary and credited to
this appropriation from additions to receipts resulting from
increases to lease rental rates in effect on August 5, 1993,
and from cost recovery fees from activities conducted by the
Bureau of Safety and Environmental Enforcement pursuant to
the Outer Continental Shelf Lands Act, including studies,
assessments, analysis, and miscellaneous
[[Page H4727]]
administrative activities: Provided further, That the sum
herein appropriated shall be reduced as such collections are
received during the fiscal year, so as to result in a final
fiscal year 2017 appropriation estimated at not more than
$93,438,000.
For an additional amount, $53,000,000, to remain available
until expended, to be reduced by amounts collected by the
Secretary and credited to this appropriation, which shall be
derived from non-refundable inspection fees collected in
fiscal year 2017, as provided in this Act: Provided, That to
the extent that amounts realized from such inspection fees
exceed $53,000,000, the amounts realized in excess of
$53,000,000 shall be credited to this appropriation and
remain available until expended: Provided further, That for
fiscal year 2017, not less than 50 percent of the inspection
fees expended by the Bureau of Safety and Environmental
Enforcement will be used to fund personnel and mission-
related costs to expand capacity and expedite the orderly
development, subject to environmental safeguards, of the
Outer Continental Shelf pursuant to the Outer Continental
Shelf Lands Act (43 U.S.C. 1331 et seq.), including the
review of applications for permits to drill.
Of the unobligated balances available for this account,
$20,000,000 are permanently rescinded.
oil spill research
For necessary expenses to carry out title I, section 1016,
title IV, sections 4202 and 4303, title VII, and title VIII,
section 8201 of the Oil Pollution Act of 1990, $14,899,000,
which shall be derived from the Oil Spill Liability Trust
Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the
Surface Mining Control and Reclamation Act of 1977, Public
Law 95-87, $119,300,000, to remain available until September
30, 2018: Provided, That appropriations for the Office of
Surface Mining Reclamation and Enforcement may provide for
the travel and per diem expenses of State and tribal
personnel attending Office of Surface Mining Reclamation and
Enforcement sponsored training.
In addition, for costs to review, administer, and enforce
permits issued by the Office pursuant to section 507 of
Public Law 95-87 (30 U.S.C. 1257), $40,000, to remain
available until expended: Provided, That fees assessed and
collected by the Office pursuant to such section 507 shall be
credited to this account as discretionary offsetting
collections, to remain available until expended: Provided
further, That the sum herein appropriated from the general
fund shall be reduced as collections are received during the
fiscal year, so as to result in a fiscal year 2017
appropriation estimated at not more than $119,300,000.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
$27,303,000, to be derived from receipts of the Abandoned
Mine Reclamation Fund and to remain available until expended:
Provided, That pursuant to Public Law 97-365, the Department
of the Interior is authorized to use up to 20 percent from
the recovery of the delinquent debt owed to the United States
Government to pay for contracts to collect these debts:
Provided further, That funds made available under title IV of
Public Law 95-87 may be used for any required non-Federal
share of the cost of projects funded by the Federal
Government for the purpose of environmental restoration
related to treatment or abatement of acid mine drainage from
abandoned mines: Provided further, That such projects must be
consistent with the purposes and priorities of the Surface
Mining Control and Reclamation Act: Provided further, That
amounts provided under this heading may be used for the
travel and per diem expenses of State and tribal personnel
attending Office of Surface Mining Reclamation and
Enforcement sponsored training.
In addition, $90,000,000, to remain available until
expended, for grants to States for reclamation of abandoned
mine lands and other related activities in accordance with
the terms and conditions in the report accompanying this Act:
Provided, That such additional amount shall be used for
economic and community development in conjunction with the
priorities in section 403(a) of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1233(a)): Provided
further, That of such additional amount, $75,000,000 shall be
distributed in equal amounts to the 3 Appalachian States with
the greatest amount of unfunded needs to meet the priorities
described in paragraphs (1) and (2) of such section, and
$15,000,000 shall be distributed in equal amounts to the 3
Appalachian States with the subsequent greatest amount of
unfunded needs to meet such priorities: Provided further,
That such additional amount shall be allocated to States
within 60 days after the date of enactment of this Act.
Bureau of Indian Affairs and Bureau of Indian Education
operation of indian programs
(including transfer of funds)
For expenses necessary for the operation of Indian
programs, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13), the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
450 et seq.), the Education Amendments of 1978 (25 U.S.C.
2001-2019), and the Tribally Controlled Schools Act of 1988
(25 U.S.C. 2501 et seq.), $2,335,635,000, to remain available
until September 30, 2018, except as otherwise provided
herein; of which not to exceed $8,500 may be for official
reception and representation expenses; of which not to exceed
$74,773,000 shall be for welfare assistance payments:
Provided, That in cases of designated Federal disasters, the
Secretary may exceed such cap, from the amounts provided
herein, to provide for disaster relief to Indian communities
affected by the disaster: Provided further, That federally
recognized Indian tribes and tribal organizations of
federally recognized Indian tribes may use their tribal
priority allocations for unmet welfare assistance costs:
Provided further, That not to exceed $652,282,000 for school
operations costs of Bureau-funded schools and other education
programs shall become available on July 1, 2017, and shall
remain available until September 30, 2018: Provided further,
That not to exceed $48,815,000 shall remain available until
expended for housing improvement, road maintenance, attorney
fees, litigation support, land records improvement, and the
Navajo-Hopi Settlement Program: Provided further, That
notwithstanding any other provision of law, including but not
limited to the Indian Self-Determination Act of 1975 (25
U.S.C. 450f et seq.) and section 1128 of the Education
Amendments of 1978 (25 U.S.C. 2008), not to exceed
$75,335,000 within and only from such amounts made available
for school operations shall be available for administrative
cost grants associated with grants approved prior to July 1,
2017: Provided further, That any forestry funds allocated to
a federally recognized tribe which remain unobligated as of
September 30, 2018, may be transferred during fiscal year
2019 to an Indian forest land assistance account established
for the benefit of the holder of the funds within the
holder's trust fund account: Provided further, That any such
unobligated balances not so transferred shall expire on
September 30, 2019: Provided further, That in order to
enhance the safety of Bureau field employees, the Bureau may
use funds to purchase uniforms or other identifying articles
of clothing for personnel.
contract support costs
For payments to tribes and tribal organizations for
contract support costs associated with Indian Self-
Determination and Education Assistance Act agreements with
the Bureau of Indian Affairs for fiscal year 2017, such sums
as may be necessary, which shall be available for obligation
through September 30, 2018: Provided, That notwithstanding
any other provision of law, no amounts made available under
this heading shall be available for transfer to another
budget account.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services
by contract; acquisition of lands, and interests in lands;
and preparation of lands for farming, and for construction of
the Navajo Indian Irrigation Project pursuant to Public Law
87-483, $197,017,000, to remain available until expended:
Provided, That such amounts as may be available for the
construction of the Navajo Indian Irrigation Project may be
transferred to the Bureau of Reclamation: Provided further,
That not to exceed 6 percent of contract authority available
to the Bureau of Indian Affairs from the Federal Highway
Trust Fund may be used to cover the road program management
costs of the Bureau: Provided further, That any funds
provided for the Safety of Dams program pursuant to 25 U.S.C.
13 shall be made available on a nonreimbursable basis:
Provided further, That for fiscal year 2017, in implementing
new construction, replacement facilities construction, or
facilities improvement and repair project grants in excess of
$100,000 that are provided to grant schools under Public Law
100-297, the Secretary of the Interior shall use the
Administrative and Audit Requirements and Cost Principles for
Assistance Programs contained in 43 CFR part 12 as the
regulatory requirements: Provided further, That such grants
shall not be subject to section 12.61 of 43 CFR; the
Secretary and the grantee shall negotiate and determine a
schedule of payments for the work to be performed: Provided
further, That in considering grant applications, the
Secretary shall consider whether such grantee would be
deficient in assuring that the construction projects conform
to applicable building standards and codes and Federal,
tribal, or State health and safety standards as required by
25 U.S.C. 2005(b), with respect to organizational and
financial management capabilities: Provided further, That if
the Secretary declines a grant application, the Secretary
shall follow the requirements contained in 25 U.S.C. 2504(f):
Provided further, That any disputes between the Secretary and
any grantee concerning a grant shall be subject to the
disputes provision in 25 U.S.C. 2507(e): Provided further,
That in order to ensure timely completion of construction
projects, the Secretary may assume control of a project and
all funds related to the project, if, within 18 months of the
date of enactment of this Act, any grantee receiving funds
appropriated in this Act or in any prior Act, has not
completed the planning and design phase of the project and
[[Page H4728]]
commenced construction: Provided further, That this
appropriation may be reimbursed from the Office of the
Special Trustee for American Indians appropriation for the
appropriate share of construction costs for space expansion
needed in agency offices to meet trust reform implementation.
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements
pursuant to Public Laws 99-264, 100-580, 101-618, 111-11, and
111-291, and for implementation of other land and water
rights settlements, $49,025,000, to remain available until
expended.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans,
$8,757,000, of which $1,182,000 is for administrative
expenses, as authorized by the Indian Financing Act of 1974:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize total loan principal,
any part of which is to be guaranteed or insured, not to
exceed $120,050,595.
administrative provisions
The Bureau of Indian Affairs may carry out the operation of
Indian programs by direct expenditure, contracts, cooperative
agreements, compacts, and grants, either directly or in
cooperation with States and other organizations.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs
may contract for services in support of the management,
operation, and maintenance of the Power Division of the San
Carlos Irrigation Project.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
oversight and Executive Direction and Administrative Services
(except executive direction and administrative services
funding for Tribal Priority Allocations, regional offices,
and facilities operations and maintenance) shall be available
for contracts, grants, compacts, or cooperative agreements
with the Bureau of Indian Affairs under the provisions of the
Indian Self-Determination Act or the Tribal Self-Governance
Act of 1994 (Public Law 103-413).
In the event any tribe returns appropriations made
available by this Act to the Bureau of Indian Affairs, this
action shall not diminish the Federal Government's trust
responsibility to that tribe, or the government-to-government
relationship between the United States and that tribe, or
that tribe's ability to access future appropriations.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Education, other than the
amounts provided herein for assistance to public schools
under 25 U.S.C. 452 et seq., shall be available to support
the operation of any elementary or secondary school in the
State of Alaska.
No funds available to the Bureau of Indian Education shall
be used to support expanded grades for any school or
dormitory beyond the grade structure in place or approved by
the Secretary of the Interior at each school in the Bureau of
Indian Education school system as of October 1, 1995, except
that the Secretary of the Interior may waive this prohibition
to support expansion of up to one additional grade when the
Secretary determines such waiver is needed to support
accomplishment of the mission of the Bureau of Indian
Education. Appropriations made available in this or any prior
Act for schools funded by the Bureau shall be available, in
accordance with the Bureau's funding formula, only to the
schools in the Bureau school system as of September 1, 1996,
and to any school or school program that was reinstated in
fiscal year 2012. Funds made available under this Act may not
be used to establish a charter school at a Bureau-funded
school (as that term is defined in section 1141 of the
Education Amendments of 1978 (25 U.S.C. 2021)), except that a
charter school that is in existence on the date of the
enactment of this Act and that has operated at a Bureau-
funded school before September 1, 1999, may continue to
operate during that period, but only if the charter school
pays to the Bureau a pro rata share of funds to reimburse the
Bureau for the use of the real and personal property
(including buses and vans), the funds of the charter school
are kept separate and apart from Bureau funds, and the Bureau
does not assume any obligation for charter school programs of
the State in which the school is located if the charter
school loses such funding. Employees of Bureau-funded schools
sharing a campus with a charter school and performing
functions related to the charter school's operation and
employees of a charter school shall not be treated as Federal
employees for purposes of chapter 171 of title 28, United
States Code.
Notwithstanding any other provision of law, including
section 113 of title I of appendix C of Public Law 106-113,
if in fiscal year 2003 or 2004 a grantee received indirect
and administrative costs pursuant to a distribution formula
based on section 5(f) of Public Law 101-301, the Secretary
shall continue to distribute indirect and administrative cost
funds to such grantee using the section 5(f) distribution
formula.
Funds available under this Act may not be used to establish
satellite locations of schools in the Bureau school system as
of September 1, 1996, except that the Secretary may waive
this prohibition in order for an Indian tribe to provide
language and cultural immersion educational programs for non-
public schools located within the jurisdictional area of the
tribal government which exclusively serve tribal members, do
not include grades beyond those currently served at the
existing Bureau-funded school, provide an educational
environment with educator presence and academic facilities
comparable to the Bureau-funded school, comply with all
applicable Tribal, Federal, or State health and safety
standards, and the Americans with Disabilities Act, and
demonstrate the benefits of establishing operations at a
satellite location in lieu of incurring extraordinary costs,
such as for transportation or other impacts to students such
as those caused by busing students extended distances:
Provided, That no funds available under this Act may be used
to fund operations, maintenance, rehabilitation, construction
or other facilities-related costs for such assets that are
not owned by the Bureau: Provided further, That the term
``satellite school'' means a school location physically
separated from the existing Bureau school by more than 50
miles but that forms part of the existing school in all other
respects.
Departmental Offices
Office of the Secretary
departmental operations
For necessary expenses for management of the Department of
the Interior, including the collection and disbursement of
royalties, fees, and other mineral revenue proceeds, and for
grants and cooperative agreements, as authorized by law,
$749,422,000, to remain available until September 30, 2018;
of which not to exceed $15,000 may be for official reception
and representation expenses; and of which up to $1,000,000
shall be available for workers compensation payments and
unemployment compensation payments associated with the
orderly closure of the United States Bureau of Mines; and of
which $10,000,000 for the Office of Valuation Services is to
be derived from the Land and Water Conservation Fund and
shall remain available until expended; and of which
$38,300,000 shall remain available until expended for the
purpose of mineral revenue management activities: Provided,
That notwithstanding any other provision of law, $15,000
under this heading shall be available for refunds of
overpayments in connection with certain Indian leases in
which the Secretary concurred with the claimed refund due, to
pay amounts owed to Indian allottees or tribes, or to correct
prior unrecoverable erroneous payments.
administrative provisions
For fiscal year 2017, up to $400,000 of the payments
authorized by the Act of October 20, 1976 (31 U.S.C. 6901-
6907) may be retained for administrative expenses of the
Payments in Lieu of Taxes Program: Provided, That no payment
shall be made pursuant to that Act to otherwise eligible
units of local government if the computed amount of the
payment is less than $100: Provided further, That the
Secretary may reduce the payment authorized by 31 U.S.C.
6901-6907 for an individual county by the amount necessary to
correct prior year overpayments to that county: Provided
further, That the amount needed to correct a prior year
underpayment to an individual county shall be paid from any
reductions for overpayments to other counties and the amount
necessary to cover any remaining underpayment is hereby
appropriated and shall be paid to individual counties:
Provided further, That of the total amount made available by
this title for ``Office of the Secretary--Departmental
Operations'', $480,000,000 shall be available to the
Secretary of the Interior for fiscal year 2017 for payments
in lieu of taxes under chapter 69 of title 31, United States
Code.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior and other
jurisdictions identified in section 104(e) of Public Law 108-
188, $86,976,000, of which: (1) $77,528,000 shall remain
available until expended for territorial assistance,
including general technical assistance, maintenance
assistance, disaster assistance, coral reef initiative
activities, and brown tree snake control and research; grants
to the judiciary in American Samoa for compensation and
expenses, as authorized by law (48 U.S.C. 1661(c)); grants to
the Government of American Samoa, in addition to current
local revenues, for construction and support of governmental
functions; grants to the Government of the Virgin Islands as
authorized by law; grants to the Government of Guam, as
authorized by law; and grants to the Government of the
Northern Mariana Islands as authorized by law (Public Law 94-
241; 90 Stat. 272); and (2) $9,448,000 shall be available
until September 30, 2018, for salaries and expenses of the
Office of Insular Affairs: Provided, That all financial
transactions of the territorial and local governments herein
provided for, including such transactions of all agencies or
instrumentalities established or used by such governments,
may be audited by the Government Accountability Office, at
its discretion, in accordance with chapter 35 of title 31,
United States Code: Provided further, That Northern Mariana
Islands Covenant grant funding shall be provided according to
those terms of the Agreement of the Special Representatives
on Future United States Financial Assistance for the Northern
Mariana
[[Page H4729]]
Islands approved by Public Law 104-134: Provided further,
That the funds for the program of operations and maintenance
improvement are appropriated to institutionalize routine
operations and maintenance improvement of capital
infrastructure with territorial participation and cost
sharing to be determined by the Secretary based on the
grantee's commitment to timely maintenance of its capital
assets: Provided further, That any appropriation for disaster
assistance under this heading in this Act or previous
appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant
to section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c).
compact of free association
For grants and necessary expenses, $3,318,000, to remain
available until expended, as provided for in sections
221(a)(2) and 233 of the Compact of Free Association for the
Republic of Palau; and section 221(a)(2) of the Compacts of
Free Association for the Government of the Republic of the
Marshall Islands and the Federated States of Micronesia, as
authorized by Public Law 99-658 and Public Law 108-188.
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may
transfer discretionary funds or mandatory funds provided
under section 104(e) of Public Law 108-188 and Public Law
104-134, that are allocated for Guam, to the Secretary of
Agriculture for the subsidy cost of direct or guaranteed
loans, plus not to exceed three percent of the amount of the
subsidy transferred for the cost of loan administration, for
the purposes authorized by the Rural Electrification Act of
1936 and section 306(a)(1) of the Consolidated Farm and Rural
Development Act for construction and repair projects in Guam,
and such funds shall remain available until expended:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such
loans or loan guarantees may be made without regard to the
population of the area, credit elsewhere requirements, and
restrictions on the types of eligible entities under the
Rural Electrification Act of 1936 and section 306(a)(1) of
the Consolidated Farm and Rural Development Act: Provided
further, That any funds transferred to the Secretary of
Agriculture shall be in addition to funds otherwise made
available to make or guarantee loans under such authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor,
$65,800,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$50,047,000.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $139,029,000, to remain available until expended, of
which not to exceed $18,688,000 from this or any other Act,
may be available for historical accounting: Provided, That
funds for trust management improvements and litigation
support may, as needed, be transferred to or merged with the
Bureau of Indian Affairs and Bureau of Indian Education,
``Operation of Indian Programs'' account; the Office of the
Solicitor, ``Salaries and Expenses'' account; and the Office
of the Secretary, ``Departmental Operations'' account:
Provided further, That funds made available through contracts
or grants obligated during fiscal year 2017, as authorized by
the Indian Self-Determination Act of 1975 (25 U.S.C. 450 et
seq.), shall remain available until expended by the
contractor or grantee: Provided further, That notwithstanding
any other provision of law, the Secretary shall not be
required to provide a quarterly statement of performance for
any Indian trust account that has not had activity for at
least 15 months and has a balance of $15 or less: Provided
further, That the Secretary shall issue an annual account
statement and maintain a record of any such accounts and
shall permit the balance in each such account to be withdrawn
upon the express written request of the account holder:
Provided further, That not to exceed $50,000 is available for
the Secretary to make payments to correct administrative
errors of either disbursements from or deposits to Individual
Indian Money or Tribal accounts after September 30, 2002:
Provided further, That erroneous payments that are recovered
shall be credited to and remain available in this account for
this purpose: Provided further, That the Secretary shall not
be required to reconcile Special Deposit Accounts with a
balance of less than $500 unless the Office of the Special
Trustee receives proof of ownership from a Special Deposit
Accounts claimant: Provided further, That notwithstanding
section 102 of the American Indian Trust Fund Management
Reform Act of 1994 (Public Law 103-412) or any other
provision of law, the Secretary may aggregate the trust
accounts of individuals whose whereabouts are unknown for a
continuous period of at least five years and shall not be
required to generate periodic statements of performance for
the individual accounts: Provided further, That with respect
to the eighth proviso, the Secretary shall continue to
maintain sufficient records to determine the balance of the
individual accounts, including any accrued interest and
income, and such funds shall remain available to the
individual account holders.
Department-wide Programs
wildland fire management
(including transfers of funds)
For necessary expenses for fire preparedness, fire
suppression operations, fire science and research, emergency
rehabilitation, fuels management activities, and rural fire
assistance by the Department of the Interior, $851,945,000,
to remain available until expended, of which not to exceed
$10,000,000 shall be for the renovation or construction of
fire facilities: Provided, That such funds are also available
for repayment of advances to other appropriation accounts
from which funds were previously transferred for such
purposes: Provided further, That of the funds provided
$180,000,000 is for hazardous fuels management activities:
Provided further, That of the funds provided $20,470,000 is
for burned area rehabilitation: Provided further, That
persons hired pursuant to 43 U.S.C. 1469 may be furnished
subsistence and lodging without cost from funds available
from this appropriation: Provided further, That
notwithstanding 42 U.S.C. 1856d, sums received by a bureau or
office of the Department of the Interior for fire protection
rendered pursuant to 42 U.S.C. 1856 et seq., 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 Act, the Secretary of the Interior may enter into
procurement contracts, grants, or cooperative agreements, for
fuels management and resilient landscapes activities, and for
training and monitoring associated with such fuels management
and resilient landscapes activities, on Federal land, or on
adjacent non-Federal land for activities that benefit
resources on Federal land: Provided further, That the costs
of implementing any cooperative agreement between the Federal
Government 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
Contracting Act, the Secretary, for purposes of fuels
management and resilient landscapes activities, may obtain
maximum practicable competition among: (1) local private,
nonprofit, or cooperative entities; (2) Youth Conservation
Corps crews, Public Lands Corps (Public Law 109-154), or
related partnerships with State, local, or nonprofit 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 workforce to
complete such contracts: Provided 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:
Provided further, That funds appropriated under this heading
may be used to reimburse the United States Fish and Wildlife
Service and the National Marine Fisheries Service for the
costs of carrying out their responsibilities under the
Endangered 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 management activities:
Provided further, That the Secretary of the Interior may use
wildland fire appropriations to enter into 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 Secretary of
Agriculture may authorize the transfer of funds appropriated
for wildland fire management, in an aggregate amount not to
exceed $50,000,000, between the Departments when such
transfers would facilitate and expedite 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 funds appropriated under this heading shall be
available for assistance to or through the Department of
State in connection with forest and rangeland research,
technical information, and assistance in foreign countries,
and, with the concurrence of the Secretary of State, shall be
available to support forestry, wildland fire management, and
related natural resource activities outside the United States
and its territories and possessions, including technical
assistance, education and training, and cooperation with
United States and international organizations.
flame wildfire suppression reserve fund
(including transfer of funds)
For necessary expenses for large fire suppression
operations of the Department of the Interior and as a reserve
fund for suppression and Federal emergency response
activities, $92,000,000, to remain available until expended:
Provided, That such amounts are
[[Page H4730]]
only available for transfer to the ``Wildland Fire
Management'' account following a declaration by the Secretary
in accordance with section 502 of the FLAME Act of 2009 (43
U.S.C. 1748a).
central hazardous materials fund
For necessary expenses of the Department of the Interior
and any of its component offices and bureaus for the response
action, including associated activities, performed pursuant
to the Comprehensive Environmental Response, Compensation,
and Liability Act (42 U.S.C. 9601 et seq.), $10,010,000, to
remain available until expended.
Natural Resource Damage Assessment and Restoration
natural resource damage assessment fund
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the
Department of the Interior necessary to carry out the
provisions of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.), the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.),
the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and
subchapter II of chapter 1007 of title 54, United States
Code, $7,767,000, to remain available until expended.
working capital fund
For the operation and maintenance of a departmental
financial and business management system, information
technology improvements of general benefit to the Department,
cybersecurity, and the consolidation of facilities and
operations throughout the Department, $67,100,000, to remain
available until expended: Provided, That none of the funds
appropriated in this Act or any other Act may be used to
establish reserves in the Working Capital Fund account other
than for accrued annual leave and depreciation of equipment
without prior approval of the Committees on Appropriations of
the House of Representatives and the Senate: Provided
further, That the Secretary may assess reasonable charges to
State, local and tribal government employees for training
services provided by the National Indian Program Training
Center, other than training related to Public Law 93-638:
Provided further, That the Secretary may lease or otherwise
provide space and related facilities, equipment or
professional services of the National Indian Program Training
Center to State, local and tribal government employees or
persons or organizations engaged in cultural, educational, or
recreational activities (as defined in section 3306(a) of
title 40, United States Code) at the prevailing rate for
similar space, facilities, equipment, or services in the
vicinity of the National Indian Program Training Center:
Provided further, That all funds received pursuant to the two
preceding provisos shall be credited to this account, shall
be available until expended, and shall be used by the
Secretary for necessary expenses of the National Indian
Program Training Center: Provided further, That the Secretary
may enter into grants and cooperative agreements to support
the Office of Natural Resource Revenue's collection and
disbursement of royalties, fees, and other mineral revenue
proceeds, as authorized by law.
administrative provision
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, aircraft which may
be obtained by donation, purchase or through available excess
surplus property: Provided, That existing aircraft being
replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement
aircraft.
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
Sec. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or
office), with the approval of the Secretary, for the
emergency reconstruction, replacement, or repair of aircraft,
buildings, utilities, or other facilities or equipment
damaged or destroyed by fire, flood, storm, or other
unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made
available to the Department of the Interior for emergencies
shall have been exhausted: Provided further, That all funds
used pursuant to this section must be replenished by a
supplemental appropriation, which must be requested as
promptly as possible.
emergency transfer authority--department-wide
Sec. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in
addition to the amounts included in the budget programs of
the several agencies, for the suppression or emergency
prevention of wildland fires on or threatening lands under
the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its
jurisdiction; for emergency actions related to potential or
actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage
assessment activities related to actual oil spills or
releases of hazardous substances into the environment; for
the prevention, suppression, and control of actual or
potential grasshopper and Mormon cricket outbreaks on lands
under the jurisdiction of the Secretary, pursuant to the
authority in section 417(b) of Public Law 106-224 (7 U.S.C.
7717(b)); for emergency reclamation projects under section
410 of Public Law 95-87; and shall transfer, from any no year
funds available to the Office of Surface Mining Reclamation
and Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy
State is not carrying out the regulatory provisions of the
Surface Mining Act: Provided, That appropriations made in
this title for wildland fire operations shall be available
for the payment of obligations incurred during the preceding
fiscal year, and for reimbursement to other Federal agencies
for destruction of vehicles, aircraft, or other equipment in
connection with their use for wildland fire operations, such
reimbursement to be credited to appropriations currently
available at the time of receipt thereof: Provided further,
That for wildland fire operations, no funds shall be made
available under this authority until the Secretary determines
that funds appropriated for ``wildland fire operations'' and
``FLAME Wildfire Suppression Reserve Fund'' shall be
exhausted within 30 days: Provided further, That all funds
used pursuant to this section must be replenished by a
supplemental appropriation, which must be requested as
promptly as possible: Provided further, That such
replenishment funds shall be used to reimburse, on a pro rata
basis, accounts from which emergency funds were transferred.
authorized use of funds
Sec. 103. Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by section 3109 of title 5, United States Code,
when authorized by the Secretary, in total amount not to
exceed $500,000; purchase and replacement of motor vehicles,
including specially equipped law enforcement vehicles; hire,
maintenance, and operation of aircraft; hire of passenger
motor vehicles; purchase of reprints; payment for telephone
service in private residences in the field, when authorized
under regulations approved by the Secretary; and the payment
of dues, when authorized by the Secretary, for library
membership in societies or associations which issue
publications to members only or at a price to members lower
than to subscribers who are not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the
headings Bureau of Indian Affairs and Bureau of Indian
Education, and Office of the Special Trustee for American
Indians and any unobligated balances from prior
appropriations Acts made under the same headings shall be
available for expenditure or transfer for Indian trust
management and reform activities. Total funding for
historical accounting activities shall not exceed amounts
specifically designated in this Act for such purpose.
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any
Tribal Priority Allocation funds, including tribal base
funds, to alleviate tribal funding inequities by transferring
funds to address identified, unmet needs, dual enrollment,
overlapping service areas or inaccurate distribution
methodologies. No tribe shall receive a reduction in Tribal
Priority Allocation funds of more than 10 percent in fiscal
year 2017. Under circumstances of dual enrollment,
overlapping service areas or inaccurate distribution
methodologies, the 10 percent limitation does not apply.
ellis, governors, and liberty islands
Sec. 106. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands,
waters, or interests therein including the use of all or part
of any pier, dock, or landing within the State of New York
and the State of New Jersey, for the purpose of operating and
maintaining facilities in the support of transportation and
accommodation of visitors to Ellis, Governors, and Liberty
Islands, and of other program and administrative activities,
by donation or with appropriated funds, including franchise
fees (and other monetary consideration), or by exchange; and
the Secretary is authorized to negotiate and enter into
leases, subleases, concession contracts or other agreements
for the use of such facilities on such terms and conditions
as the Secretary may determine reasonable.
outer continental shelf inspection fees
Sec. 107. (a) In fiscal year 2017, the Secretary shall
collect a nonrefundable inspection fee, which shall be
deposited in the ``Offshore Safety and Environmental
Enforcement'' account, from the designated operator for
facilities subject to inspection under 43 U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are
above the waterline, excluding drilling rigs, and are in
place at the start of the fiscal year. Fees for fiscal year
2017 shall be:
(1) $10,500 for facilities with no wells, but with
processing equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with any
combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells, with
any combination of active or inactive wells.
[[Page H4731]]
(c) Fees for drilling rigs shall be assessed for all
inspections completed in fiscal year 2017. Fees for fiscal
year 2017 shall be:
(1) $30,500 per inspection for rigs operating in water
depths of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in water
depths of less than 500 feet.
(d) The Secretary shall bill designated operators under
subsection (b) within 60 days, with payment required within
30 days of billing. The Secretary shall bill designated
operators under subsection (c) within 30 days of the end of
the month in which the inspection occurred, with payment
required within 30 days of billing.
bureau of ocean energy management, regulation and enforcement
reorganization
Sec. 108. The Secretary of the Interior, in order to
implement a reorganization of the Bureau of Ocean Energy
Management, Regulation and Enforcement, may transfer funds
among and between the successor offices and bureaus affected
by the reorganization only in conformance with the
reprogramming guidelines described in this Act.
contracts and agreements for wild horse and burro holding facilities
Sec. 109. Notwithstanding any other provision of this Act,
the Secretary of the Interior may enter into multiyear
cooperative agreements with nonprofit organizations and other
appropriate entities, and may enter into multiyear contracts
in accordance with the provisions of section 3903 of title
41, United States Code (except that the 5-year term
restriction in subsection (a) shall not apply), for the long-
term care and maintenance of excess wild free roaming horses
and burros by such organizations or entities on private land.
Such cooperative agreements and contracts may not exceed 10
years, subject to renewal at the discretion of the Secretary.
mass marking of salmonids
Sec. 110. The United States Fish and Wildlife Service
shall, in carrying out its responsibilities to protect
threatened and endangered species of salmon, implement a
system of mass marking of salmonid stocks, intended for
harvest, that are released from federally operated or
federally financed hatcheries including but not limited to
fish releases of coho, chinook, and steelhead species. Marked
fish must have a visible mark that can be readily identified
by commercial and recreational fishers.
exhaustion of administrative review
Sec. 111. Paragraph (1) of section 122(a) of division E of
Public Law 112-74 (125 Stat. 1013) is amended by striking
``fiscal years 2012 through 2018,'' and inserting ``fiscal
year 2012 and each fiscal year thereafter,''.
wild lands funding prohibition
Sec. 112. None of the funds made available in this Act or
any other Act may be used to implement, administer, or
enforce Secretarial Order No. 3310 issued by the Secretary of
the Interior on December 22, 2010.
contracts and agreements with indian affairs
Sec. 113. Notwithstanding any other provision of law,
during fiscal year 2017, in carrying out work involving
cooperation with State, local, and tribal governments or any
political subdivision thereof, Indian Affairs may record
obligations against accounts receivable from any such
entities, except that total obligations at the end of the
fiscal year shall not exceed total budgetary resources
available at the end of the fiscal year.
greater sage-grouse
Sec. 114. (a) None of the funds made available by this or
any other Act may be used--
(1) to review the status of or determine whether the
greater sage-grouse is an endangered species or a threatened
species pursuant to section 4 of the Endangered Species Act
of 1973 (16 U.S.C. 1533), or to issue a regulation with
respect thereto that applies to any State with a State
management plan;
(2) to make, modify, or extend any withdrawal pursuant to
section 204 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1714) within any Sagebrush Focal Area
published in the Federal Register on September 24, 2015 (80
Fed. Reg. 57635 et seq.), in a manner inconsistent with a
State management plan; or
(3) to implement, amend, or otherwise modify any Federal
resource management plan applicable to Federal land in a
State with a State management plan, in a manner inconsistent
with such State management plan.
(b) For the purposes of this section--
(1) the term ``Federal resource management plan'' means--
(A) a land use plan prepared by the Bureau of Land
Management for public lands pursuant to section 202 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712); or
(B) a land and resource management plan prepared by the
Forest Service for National Forest System lands pursuant to
section 6 of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1604);
(2) the term ``greater sage-grouse'' means the species
Centrocercus urophasianus or the Columbia Basin distinct
population segment of greater sage-grouse; and
(3) the term ``State management plan'' means a State-wide
plan for the protection and recovery of greater sage-grouse
that has been approved by the Governor of such State.
water conveyances
Sec. 115. None of the funds made available by this or any
other Act may be used by the Secretary of the Interior to
review, require approval of, or withhold approval for use of
a right-of-way granted pursuant to the General Railroad
Right-of-Way Act of 1875 (43 U.S.C. 934-939) if authorization
of the use would have been considered under Department policy
to be within the scope of a railroad's authority as of the
day before the effective date of the Department's Solicitor's
Opinion M-37025, issued on November 4, 2011.
indian education fund
Sec. 116. Section 801 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 458ddd) is amended--
(1) by striking ``Foundation'' each place it appears and
inserting ``Fund'';
(2) in subsection (a), by striking ``foundation'' and
inserting ``fund'';
(3) in subsection (a), by adding at the end the following:
``The Fund shall be affiliated and may contract for services
with a section 501(c)(3) national organization whose mission
is to represent Native American students and educators for
the improvement of schools and the education of Native
children.'';
(4) In subsection (e)(1), by inserting ``or public'' after
``private'';
(5) in subsection (e)--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period and inserting
a semicolon; and
(C) by adding at the end the following:
``(4) to promote and facilitate public-private partnerships
that maximize the involvement of the private sector,
including nonprofit organizations and for-profit entities, in
providing financial and in-kind support for the improvement
or replacement of facilities and infrastructure and for the
enhancement of telecommunications and technological capacity
in Bureau-funded schools; and
``(5) to facilitate interagency agreements between the
Department of the Interior and other Federal agencies in
furtherance of the purposes of the Fund.'';
(6) in subsection (f)(2), by striking all that follows
after the heading and inserting the following: ``The number
of members of the Board, the manner of their selection
(including the filling of vacancies), and their terms of
office shall be as provided in the constitution and bylaws of
the Fund. The Board shall have nine members, including the
Secretary and the Assistant Secretary of the Interior for
Indian Affairs who shall serve as ex officio nonvoting
members and who shall appoint three voting members to
staggered terms, and including the President and Executive
Director of the 501(c)(3) national organization referenced in
subsection (a) who shall serve as ex officio nonvoting
members and who shall appoint two voting members to staggered
terms.'';
(7) in subsection (f)(3), by striking ``are'' and all that
follows through ``practicable,'' and inserting ``shall, to
the extent practicable, be drawn from various disciplines
related to the purposes of the Fund, and''; and
(8) in subsection (m)--
(A) in the heading, by inserting ``and Property'' after
``Funds''; and
(B) by inserting ``and property'' after the first ``funds''
the first place it appears.
blue ridge national heritage area and erie canalway national heritage
corridor
Sec. 117. (a) Section 140(i)(1) of Title I of P.L. 108-
108, as amended (54 U.S.C. 320101 note), is further amended
by striking ``$10,000,000'' and inserting ``$12,000,000'';
and
(b) Section 810(a)(1) of Title VIII of Division B of
Appendix D of P.L. 106-554, as amended (54 U.S.C. 320101
note), is further amended by striking ``$10,000,000'' and
inserting ``$12,000,000''.
fish hatchery programs
Sec. 118. (a) In General.--Not later than two years after
the date of the enactment of this Act, the Secretary of the
Interior, in consultation with the Director of the California
Department of Fish and Wildlife, shall develop and implement
the expanded use of conservation fish hatchery programs to
enhance, supplement, and rebuild delta smelt (Hypomesus
transpacificus) and other species listed as endangered
species or threatened species under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.), under the biological
opinion issued under that Act by the United States Fish and
Wildlife Service, dated December 15, 2008, on the effects of
the coordinated operations of the Central Valley Project and
the State Water Project in California.
(b) Program Design.--The conservation fish hatchery
programs established under subsection (a) and their
associated hatchery and genetic management plans shall be
designed--
(1) to benefit, enhance, support, and otherwise recover
naturally spawning fish species to the point where the
measures under the Endangered Species Act of 1973 are no
longer necessary for such species;
(2) to address the recommendations of the California
Hatchery Scientific Review Group; and
(3) to minimize adverse effects to operations of the
Central Valley Project and State Water Project (as those
terms are used in the Central Valley Project Improvement Act
of 2002 (title XXXIV of Public Law 102-575)).
(c) Miscellaneous Requirements.--In implementing this
section, the Secretary--
(1) shall give priority to existing and prospective
hatchery programs and facilities
[[Page H4732]]
within the Sacramento-San Joaquin Delta and the riverine
tributaries thereto; and
(2) may enter into cooperative agreements for the operation
of conservation hatchery programs with the State of
California, tribes, and other non-Governmental entities for
the benefit, enhancement, and support of naturally spawning
fish species.
reissuance of final rules
Sec. 119. Before the end of the 60-day period beginning on
the date of the enactment of this Act, the Secretary of the
Interior shall reissue the final rule published on December
28, 2011 (76 Fed. Reg. 81666 et seq.) and the final rule
published on September 10, 2012 (77 Fed. Reg. 55530 et seq.),
without regard to any other provision of statute or
regulation that applies to issuance of such rules. Such
reissuances (including this section) shall not be subject to
judicial review.
stream buffer
Sec. 120. None of the funds made available by this Act may
be used by the Secretary to (1) further develop, finalize,
carry out, or implement the proposed rule entitled ``Stream
Protection Rule'' signed by the Assistant Secretary for Land
and Minerals Management of the Department of the Interior on
July 7, 2015 (80 Fed. Reg. 44436), or (2) develop, carry out,
or implement any guidance, policy, or directive to
reinterpret or change the historic interpretation of
``material damage to the hydrologic balance outside the
permit area'' in section 510(b)(3) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1260(b)(3)),
or 30 C.F.R. 816.57 or 30 C.F.R. 817.57, as promulgated on
June 30, 1983 by the Office of Surface Mining Reclamation and
Enforcement of the Department of the Interior (48 Fed. Reg.
30312).
bottled water
Sec. 121. None of the funds made available by this Act may
be used by the Director of the National Park Service to
implement, administer, or enforce Policy Memorandum 11-03 or
to approve a request by a park superintendent to eliminate
the sale in national parks of water in disposable, recyclable
plastic bottles.
oil and gas royalties
Sec. 122. None of the funds made available by this Act may
be used to finalize, implement, or enforce the Bureau of Land
Management's proposed rule regarding Waste Prevention,
Production Subject to Royalties, and Resource Conservation
published February 8, 2016.
prohibition on use of funds for certain historic designation
Sec. 123. (a) In General.--None of the funds made
available in this Act may be used to take any action to
designate a Federal property for inclusion on, or to add a
Federal property to, the National Register of Historic
Places, or to operate or maintain a property on that
registry, if the managing agency of that Federal property
objects to such designation or inclusion, including actions
related to--
(1) cooperative agreements;
(2) general administration;
(3) maintenance of records and agreements; and
(4) any other functions necessary to designate, add,
operate, or maintain such Federal property.
(b) Exception.--The prohibition in subsection (a) shall not
apply to actions related to a managing agency request for
expedited removal of Federal property from the National
Register of Historic Places for reasons of national security.
drilling margins
Sec. 124. None of the funds made available in this Act or
any other Act for any fiscal year may be used to develop,
adopt, implement, administer, or enforce any change to the
regulations and guidance in effect on April 1, 2015,
pertaining to drilling margins or static downhole mud weight
(30 CFR 250.414(c)) including the provisions of the rules
dated April 17, 2015, and April 29, 2016.
tribal recognition
Sec. 125. None of the funds made available by this or any
other Act may be used by the Secretary of the Interior to
implement, administer, or enforce the final rule entitled
``Federal Acknowledgment of American Indian Tribes''
published by the Department of the Interior in the Federal
Register on July 1, 2015 (80 Fed. Reg. 37862 et seq.).
echinoderms
Sec. 126. Section 14.92(a)(1) of title 50, Code of Federal
Regulations, is amended by inserting ``, including
echinoderms commonly known as sea urchins and sea
cucumbers,'' after ``products''.
limitation on use of funds for air quality regulations
Sec. 127. (a) Limitation.--None of the funds made
available by this Act or any other Act may be used by the
Secretary of the Interior (referred to in this section as the
``Secretary'') to issue, finalize, or implement any final
regulations addressing any subject of the proposed rule
entitled ``Air Quality Control, Reporting, and Compliance'',
published April 5, 2016 (81 Fed. Reg. 19717), before the date
on which the Bureau of Ocean Energy Management--
(1) completes the two air modeling studies entitled
``Arctic Air Quality Impact Assessment Modeling (AK-13-01)''
and ``Air Quality Modeling in the Gulf of Mexico Region (GM-
14-01)'', and publishes the results of such studies and all
supporting data and documentation in a form available to the
public;
(2) concludes, following peer review of such studies,
publication of public notice, and 120 days of opportunity for
public comment on the studies, that the activities expressly
authorized under the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.) are significantly affecting the air
quality of any State for purposes of compliance with the
national ambient air quality standards, pursuant to, as
required by section 5(a)(8) of such Act (43 U.S.C.
1334(a)(8)); and
(3) consults with the affected coastal states (as that term
is used in that Act) on the results of such studies and
analyses, and any actions that may be taken including any
incremental burdens on such coastal states that may result.
(b) Reproposal of Regulations.--The Secretary shall--
(1) before issuing any such final regulations--
(A) repropose the regulations; and
(B) provide a period of at least 180 days for the
submission of public comment on such reproposed regulations;
and
(2) delay the effective date of such final regulations for
at least 180 days after the date they are published.
trust land
Sec. 128. All land taken into trust by the United States
under or pursuant to the Act of June 18, 1934 (25 U.S.C. 465)
before February 24, 2009, for the benefit of an Indian tribe
that was federally recognized on the date that the land was
taken into trust is hereby reaffirmed as trust land.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For science and technology, including research and
development activities, which shall include research and
development activities under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980; necessary
expenses for personnel and related costs and travel expenses;
procurement of laboratory equipment and supplies; and other
operating expenses in support of research and development,
$720,072,000, to remain available until September 30, 2018:
Provided, That of the funds included under this heading,
$10,000,000 shall be for Research: National Priorities as
specified in the report accompanying this Act.
Environmental Programs and Management
For environmental programs and management, including
necessary expenses, not otherwise provided for, for personnel
and related costs and travel expenses; hire of passenger
motor vehicles; hire, maintenance, and operation of aircraft;
purchase of reprints; library memberships in societies or
associations which issue publications to members only or at a
price to members lower than to subscribers who are not
members; administrative costs of the brownfields program
under the Small Business Liability Relief and Brownfields
Revitalization Act of 2002; and not to exceed $9,000 for
official reception and representation expenses,
$2,527,470,000, to remain available until September 30, 2018:
Provided, That of the funds included under this heading,
$15,000,000 shall be for Environmental Protection: National
Priorities as specified in the report accompanying this Act:
Provided further, That of the funds included under this
heading, $409,709,000 shall be for Geographic Programs
specified in the report accompanying this Act: Provided
further, That the Administrator of the Environmental
Protection Agency is authorized, in carrying out its
responsibilities under section 2002(b) of the Solid Waste
Disposal Act (42 U.S.C. 6912(b)), to use appropriations made
available under this heading to evaluate the effectiveness of
States using State solid waste management plans to ensure the
efficient and effective implementation of the final
regulations on coal combustion residuals that took effect on
October 19, 2015, and codified in parts 257 and 261 of title
40 of the Code of Federal Regulations: Provided further, That
the Administrator shall provide to the Committee on
Appropriations and the appropriate authorizing Committees a
report on the effectiveness of States using such plans in
implementing the requirements of final coal combustion
residual regulations in an efficient and effective manner.
Hazardous Waste Electronic Manifest System Fund
For necessary expenses to carry out section 3024 of the
Solid Waste Disposal Act (42 U.S.C. 6939g), including the
development, operation, maintenance, and upgrading of the
hazardous waste electronic manifest system established by
such section, $3,178,000, to remain available until September
30, 2019.
Office of Inspector General
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $41,489,000, to remain available until September 30,
2018.
Buildings and Facilities
For construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of,
or for use by, the Environmental Protection Agency,
$34,467,000, to remain available until expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (CERCLA), including sections 111(c)(3), (c)(5), (c)(6),
and (e)(4) (42 U.S.C. 9611) $1,115,929,000,
[[Page H4733]]
to remain available until expended, consisting of such sums
as are available in the Trust Fund on September 30, 2016, as
authorized by section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $1,115,929,000
as a payment from general revenues to the Hazardous Substance
Superfund for purposes as authorized by section 517(b) of
SARA: Provided, That funds appropriated under this heading
may be allocated to other Federal agencies in accordance with
section 111(a) of CERCLA: Provided further, That of the funds
appropriated under this heading, $8,778,000 shall be paid to
the ``Office of Inspector General'' appropriation to remain
available until September 30, 2018, and $15,496,000 shall be
paid to the ``Science and Technology'' appropriation to
remain available until September 30, 2018.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground
storage tank cleanup activities authorized by subtitle I of
the Solid Waste Disposal Act, $94,605,000, to remain
available until expended, of which $68,016,000 shall be for
carrying out leaking underground storage tank cleanup
activities authorized by section 9003(h) of the Solid Waste
Disposal Act; $26,589,000 shall be for carrying out the other
provisions of the Solid Waste Disposal Act specified in
section 9508(c) of the Internal Revenue Code: Provided, That
the Administrator is authorized to use appropriations made
available under this heading to implement section 9013 of the
Solid Waste Disposal Act to provide financial assistance to
federally recognized Indian tribes for the development and
implementation of programs to manage underground storage
tanks.
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental
Protection Agency's responsibilities under the Oil Pollution
Act of 1990, $18,079,000, to be derived from the Oil Spill
Liability trust fund, to remain available until expended.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $3,370,729,000, to remain
available until expended, of which--
(1) $1,000,000,000 shall be for making capitalization
grants for the Clean Water State Revolving Funds under title
VI of the Federal Water Pollution Control Act; and of which
$1,070,500,000 shall be for making capitalization grants for
the Drinking Water State Revolving Funds under section 1452
of the Safe Drinking Water Act: Provided, That for fiscal
year 2017, funds made available under this title to each
State for Clean Water State Revolving Fund capitalization
grants and for Drinking Water State Revolving Fund
capitalization grants may, at the discretion of each State,
be used for projects to address green infrastructure, water
or energy efficiency improvements, or other environmentally
innovative activities: Provided further, That notwithstanding
section 603(d)(7) of the Federal Water Pollution Control Act,
the limitation on the amounts in a State water pollution
control revolving fund that may be used by a State to
administer the fund shall not apply to amounts included as
principal in loans made by such fund in fiscal year 2017 and
prior years where such amounts represent costs of
administering the fund to the extent that such amounts are or
were deemed reasonable by the Administrator, accounted for
separately from other assets in the fund, and used for
eligible purposes of the fund, including administration:
Provided further, That for fiscal year 2017, notwithstanding
the provisions of sections 201(g)(1), (h), and (l) of the
Federal Water Pollution Control Act, grants under Title II of
the Federal Water Pollution Control Act for American Samoa,
Guam, the Commonwealth of the Northern Marianas, the United
States Virgin Islands, and the District of Columbia may also
be made for the purpose of providing assistance: (1) solely
for facility plans, design activities, or plans,
specification, and estimates for any proposed project for the
construction of treatment works; and (2) for the
construction, repair, or replacement of privately owned
treatment works serving one or more principal residences or
small commercial establishments; Provided further, That for
fiscal year 2017, notwithstanding the provisions of
201(g)(1), (h), and (l) and section 518(c) of the Federal
Water Pollution Control Act, funds reserved by the
Administrator for grants under section 518(c) of the Federal
Water Pollution Control Act may also be used to provide
assistance: (1) solely for facility plans, design activities,
or plans, specifications, and estimates for any proposed
project for the construction of treatment works; and (2) for
the construction, repair, or replacement of privately owned
treatment works serving one or more principal residences or
small commercial establishments; Funds reserved under section
518(c) of such Act shall be available for grants only to
Indian tribes, as defined in section 518(h) of such Act and
former Indian reservations in Oklahoma (as defined by the
Secretary of the Interior) and Native Villages (as defined in
Public Law 92-203): Provided further, That for fiscal year
2017, notwithstanding any provision of the Clean Water Act
and regulations issued pursuant thereof, up to a total of
$2,000,000 of the funds reserved by the Administrator for
grants under section 518(c) of the Federal Water Pollution
Control Act may also be used for grants for training,
technical assistance, and educational programs relating to
the operation and management of the treatment works specified
in section 518(c) of such Act; Funds reserved under section
518(c) of such Act shall be available for grants only to
Indian tribes, as defined in section 518(h) of such Act and
former Indian reservations in Oklahoma (as determined by the
Secretary of the Interior) and Native Villages (as defined in
Public Law 92-203): Provided further, That for fiscal year
2017, notwithstanding the limitation on amounts in section
518(c) of the Federal Water Pollution Control Act, up to a
total of 2 percent of the funds appropriated, or $30,000,000,
whichever is greater, and notwithstanding the limitation on
amounts in section 1452(i) of the Safe Drinking Water Act, up
to a total of 2 percent of the funds appropriated, or
$20,000,000, whichever is greater, for State Revolving Funds
under such Acts may be reserved by the Administrator for
grants under section 518(c) and section 1452(i) of such Acts:
Provided further, That for fiscal year 2017, notwithstanding
the amounts specified in section 205(c) of the Federal Water
Pollution Control Act, up to 1.5 percent of the aggregate
funds appropriated for the Clean Water State Revolving Fund
program under the Act less any sums reserved under section
518(c) of the Act, may be reserved by the Administrator for
grants made under title II of the Federal Water Pollution
Control Act for American Samoa, Guam, the Commonwealth of the
Northern Marianas, and United States Virgin Islands: Provided
further, That for fiscal year 2017, notwithstanding the
limitations on amounts specified in section 1452(j) of the
Safe Drinking Water Act, up to 1.5 percent of the funds
appropriated for the Drinking Water State Revolving Fund
programs under the Safe Drinking Water Act may be reserved by
the Administrator for grants made under section 1452(j) of
the Safe Drinking Water Act: Provided further, That 10
percent of the funds made available under this title to each
State for Clean Water State Revolving Fund capitalization
grants and 20 percent of the funds made available under this
title to each State for Drinking Water State Revolving Fund
capitalization grants shall be used by the State to provide
additional subsidy to eligible recipients in the form of
forgiveness of principal, negative interest loans, or grants
(or any combination of these), and shall be so used by the
State only where such funds are provided as initial financing
for an eligible recipient or to buy, refinance, or
restructure the debt obligations of eligible recipients where
such debt was incurred on or after the date of enactment of
this Act, or where such debt was incurred prior to the date
of enactment of this Act if the State, with concurrence from
the Administrator, determines that such funds could be used
to help address a threat to public health from heightened
exposure to lead in drinking water;
(2) $5,000,000 shall be for architectural, engineering,
planning, design, construction and related activities in
connection with the construction of high priority water and
wastewater facilities in the area of the United States-Mexico
Border, after consultation with the appropriate border
commission; Provided, That no funds provided by this
appropriations Act to address the water, wastewater and other
critical infrastructure needs of the colonias in the United
States along the United States-Mexico border shall be made
available to a county or municipal government unless that
government has established an enforceable local ordinance, or
other zoning rule, which prevents in that jurisdiction the
development or construction of any additional colonia areas,
or the development within an existing colonia the
construction of any new home, business, or other structure
which lacks water, wastewater, or other necessary
infrastructure;
(3) $17,000,000 shall be for grants to the State of Alaska
to address drinking water and wastewater infrastructure needs
of rural and Alaska Native Villages: Provided, That of these
funds: (A) the State of Alaska shall provide a match of 25
percent; (B) no more than 5 percent of the funds may be used
for administrative and overhead expenses; and (C) the State
of Alaska shall make awards consistent with the Statewide
priority list established in conjunction with the Agency and
the U.S. Department of Agriculture for all water, sewer,
waste disposal, and similar projects carried out by the State
of Alaska that are funded under section 221 of the Federal
Water Pollution Control Act (33 U.S.C. 1301) or the
Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et
seq.) which shall allocate not less than 25 percent of the
funds provided for projects in regional hub communities;
(4) $80,000,000 shall be to carry out section 104(k) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), including grants, interagency
agreements, and associated program support costs: Provided,
That not more than 25 percent of the amount appropriated to
carry out section 104(k) of CERCLA shall be used for site
characterization, assessment, and remediation of facilities
described in section 101(39)(D)(ii)(II) of CERCLA: Provided
further, That at least 10 percent shall be allocated for
assistance in persistent poverty counties: Provided further,
That for purposes of this section, the term ``persistent
poverty counties'' means any county that has had 20 percent
or more of its population living in poverty over the past 30
years, as measured
[[Page H4734]]
by the 1990 and 2000 decennial censuses and the most recent
Small Area Income and Poverty Estimates;
(5) $100,000,000 shall be for grants under title VII,
subtitle G of the Energy Policy Act of 2005;
(6) $40,000,000 shall be for targeted airshed grants in
accordance with the terms and conditions of the report
accompanying this Act; and
(7) $1,058,229,000 shall be for grants, including
associated program support costs, to States, federally
recognized tribes, interstate agencies, tribal consortia, and
air pollution control agencies for multi-media or single
media pollution prevention, control and abatement and related
activities, including activities pursuant to the provisions
set forth under this heading in Public Law 104-134, and for
making grants under section 103 of the Clean Air Act for
particulate matter monitoring and data collection activities
subject to terms and conditions specified by the
Administrator, of which: $47,745,000 shall be for carrying
out section 128 of CERCLA; $9,646,000 shall be for
Environmental Information Exchange Network grants, including
associated program support costs; $1,498,000 shall be for
grants to States under section 2007(f)(2) of the Solid Waste
Disposal Act, which shall be in addition to funds
appropriated under the heading ``Leaking Underground Storage
Tank Trust Fund Program'' to carry out the provisions of the
Solid Waste Disposal Act specified in section 9508(c) of the
Internal Revenue Code other than section 9003(h) of the Solid
Waste Disposal Act; $17,848,000 of the funds available for
grants under section 106 of the Federal Water Pollution
Control Act shall be for State participation in national- and
State-level statistical surveys of water resources and
enhancements to State monitoring programs.
Water Infrastructure Finance and Innovation Program Account
For the cost of direct loans and for the cost of guaranteed
loans, as authorized by the Water Infrastructure Finance and
Innovation Act of 2014, $45,000,000, to remain available
until expended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize gross obligations
for the principal amount of direct loans, including
capitalized interest, and total loan principal, including
capitalized interest, any part of which is to be guaranteed,
not to exceed $5,487,000,000.
In addition, fees authorized to be collected pursuant to
sections 5029 and 5030 of the Water Infrastructure Finance
and Innovation Act of 2014 shall be deposited in this account
to remain available until expended.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, notwithstanding section
5033 of the Water Infrastructure Finance and Innovation Act
of 2014, $5,000,000, to remain available until September 30,
2018.
Administrative Provisions--Environmental Protection Agency
(including transfers of funds)
For fiscal year 2017, 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 112-177, the Pesticide Registration Improvement
Extension Act of 2012.
Notwithstanding section 33(d)(2) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C.
136w-8(d)(2)), the Administrator of the Environmental
Protection Agency may assess fees under section 33 of FIFRA
(7 U.S.C. 136w-8) for fiscal year 2017.
The Administrator is authorized to transfer up to
$300,000,000 of the funds appropriated for the Great Lakes
Restoration Initiative under the heading ``Environmental
Programs and Management'' to the head of any Federal
department or agency, with the concurrence of such head, to
carry out activities that would support the Great Lakes
Restoration Initiative and Great Lakes Water Quality
Agreement programs, projects, or activities; to enter into an
interagency agreement with the head of such Federal
department or agency to carry out these activities; and to
make grants to governmental entities, nonprofit
organizations, institutions, and individuals for planning,
research, monitoring, outreach, and implementation in
furtherance of the Great Lakes Restoration Initiative and the
Great Lakes Water Quality Agreement.
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 $150,000
per project.
The Administrator of the Environmental Protection Agency
shall base agency policies and actions regarding air
emissions from forest biomass including, but not limited to,
air emissions from facilities that combust forest biomass for
energy, on the principle that forest biomass emissions do not
increase overall carbon dioxide accumulations in the
atmosphere when USDA Forest Inventory and Analysis data show
that forest carbon stocks in the U.S. are stable or
increasing on a national scale, or when forest biomass is
derived from mill residuals, harvest residuals or forest
management activities. Such policies and actions shall not
pre-empt existing authorities of States to determine how to
utilize biomass as a renewable energy source and shall not
inhibit States' authority to apply the same policies to
forest biomass as other renewable fuels in implementing
Federal law.
The Administrator of the Environmental Protection Agency
shall apply the criteria and procedures in effect as of the
date of enactment of this Act for aquifer exemptions under
the underground injection control regulatory framework, in a
collaborative manner with the States and regulated
industries, to promptly review and make decisions on all
aquifer exemption applications using the criteria for
exempted aquifers set forth in section 146.4 of title 40,
Code of Federal Regulations (as in effect on April 1, 2016).
The Administrator shall not use substantial program revisions
for purposes of reviewing and making decisions on aquifer
exemption applications involving underground injection
authorized by permit, provided the injection is occurring
into aquifers that meet the criteria for an exemption under
such section 146.4 and the recommendations of key State
resource agencies are taken in account.
For fiscal year 2017, and notwithstanding section 518(f) of
the Federal Water Pollution Control Act (33 U.S.C. 1377(f)),
the Administrator is authorized to use the amounts
appropriated for any fiscal year under section 319 of the Act
to make grants to federally recognized Indian tribes pursuant
to sections 319(h) and 518(e) of that Act.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $291,982,000, to remain available through
September 30, 2019: Provided, That of the funds provided,
$77,000,000 is for the forest inventory and analysis program.
state and private forestry
For necessary expenses of cooperating with and providing
technical and financial assistance to States, territories,
possessions, and others, and for forest health management,
including treatments of pests, pathogens, and invasive or
noxious plants and for restoring and rehabilitating forests
damaged by pests or invasive plants, cooperative forestry,
and education and land conservation activities and conducting
an international program as authorized, $244,038,000, to
remain available through September 30, 2018, as authorized by
law, of which $55,000,000 is to be derived from the Land and
Water Conservation Fund to be used for the Forest Legacy
Program, to remain available until expended.
national forest system
(including transfers of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and
utilization of the National Forest System, $1,531,443,000, to
remain available through September 30, 2018: Provided, That
of the funds provided, $40,000,000 shall be deposited in the
Collaborative Forest Landscape Restoration Fund for
ecological restoration treatments as authorized by 16 U.S.C.
7303(f): Provided further, That of the funds provided,
$384,805,000 shall be for forest products: Provided further,
That of the funds provided, up to $159,941,000 is for the
Integrated Resource Restoration pilot program for Region 1,
Region 2, Region 3, Region 4, and Region 5: Provided further,
That of the funds provided for forest products, up to
$161,560,000 may be transferred to support the Integrated
Resource Restoration pilot program in the preceding proviso:
Provided further, That the Secretary of Agriculture may
transfer to the Secretary of the Interior any unobligated
funds appropriated in a previous fiscal year for operation of
the Valles Caldera National Preserve.
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $364,164,000, to remain available through
September 30, 2018, for construction, capital improvement,
maintenance and acquisition of buildings and other facilities
and infrastructure; and for construction, reconstruction,
decommissioning of roads that are no longer needed, including
unauthorized roads that are not part of the transportation
system, and maintenance of forest roads and trails by the
Forest Service as authorized by 16 U.S.C. 532-538 and 23
U.S.C. 101 and 205: Provided, That $40,000,000 shall be
designated for urgently
[[Page H4735]]
needed road decommissioning, road and trail repair and
maintenance and associated activities, and removal of fish
passage barriers, especially in areas where Forest Service
roads may be contributing to water quality problems in
streams and water bodies which support threatened,
endangered, or sensitive species or community water sources:
Provided further, That funds becoming available in fiscal
year 2017 under the Act of March 4, 1913 (16 U.S.C. 501)
shall be transferred to the General Fund of the Treasury and
shall not be available for transfer or obligation for any
other purpose unless the funds are appropriated: Provided
further, That of the funds provided for decommissioning of
roads, up to $24,543,000 may be transferred to the ``National
Forest System'' to support the Integrated Resource
Restoration pilot program.
land acquisition
For expenses necessary to carry out the provisions of
chapter 2003 of title 54, United States Code, including
administrative expenses, and for acquisition of land or
waters, or interest therein, in accordance with statutory
authority applicable to the Forest Service, $27,280,000, to
be derived from the Land and Water Conservation Fund and to
remain available until expended.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of
the Cache, Uinta, and Wasatch National Forests, Utah; the
Toiyabe National Forest, Nevada; and the Angeles, San
Bernardino, Sequoia, and Cleveland National Forests,
California, as authorized by law, $950,000, to be derived
from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from
funds deposited by State, county, or municipal governments,
public school districts, or other public school authorities,
and for authorized expenditures from funds deposited by non-
Federal parties pursuant to Land Sale and Exchange Acts,
pursuant to the Act of December 4, 1967 (16 U.S.C. 484a), to
remain available through September 30, 2018, (16 U.S.C. 516-
617a, 555a; Public Law 96-586; Public Law 76-589, 76-591; and
Public Law 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection,
and improvement, 50 percent of all moneys received during the
prior fiscal year, as fees for grazing domestic livestock on
lands in National Forests in the 16 Western States, pursuant
to section 401(b)(1) of Public Law 94-579, to remain
available through September 30, 2018, of which not to exceed
6 percent shall be available for administrative expenses
associated with on-the-ground range rehabilitation,
protection, and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to
remain available through September 30, 2018, to be derived
from the fund established pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage
Federal lands in Alaska for subsistence uses under title VIII
of the Alaska National Interest Lands Conservation Act
(Public Law 96-487), $2,500,000, to remain available through
September 30, 2018.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
fire suppression on or adjacent to such lands or other lands
under fire protection agreement, hazardous fuels management
on or adjacent to such lands, emergency rehabilitation of
burned-over National Forest System lands and water, and for
State and volunteer fire assistance, $2,593,763,000, to
remain available through September 30, 2019: Provided, That
such funds including unobligated balances under this heading,
are available for repayment of advances from other
appropriations accounts previously transferred for such
purposes: Provided further, That such funds shall be
available to reimburse State and other cooperating entities
for services provided in response to wildfire and other
emergencies or disasters to the extent such reimbursements by
the Forest Service for non-fire emergencies are fully repaid
by the responsible emergency management agency: Provided
further, That notwithstanding any other provision of law,
$6,914,000 of funds appropriated under this appropriation
shall be available for the Forest Service in support of fire
science research authorized by the Joint Fire Science
Program, including all Forest Service authorities for the use
of funds, such as contracts, grants, research joint venture
agreements, and cooperative agreements: Provided further,
That all authorities for the use of funds, including the use
of contracts, grants, and cooperative agreements, available
to execute the Forest and Rangeland Research appropriation,
are also available in the utilization of these funds for Fire
Science Research: Provided further, That funds provided shall
be available for emergency rehabilitation and restoration,
hazardous fuels management activities, support to Federal
emergency response, and wildfire suppression activities of
the Forest Service: Provided further, That of the funds
provided, $395,000,000 is for hazardous fuels management
activities, $19,795,000 is for research activities and to
make competitive research grants pursuant to the Forest and
Rangeland Renewable Resources Research Act, (16 U.S.C. 1641
et seq.), $78,000,000 is for State fire assistance, and
$13,000,000 is for volunteer fire assistance under section 10
of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C.
2106): Provided further, That amounts in this paragraph may
be transferred to the ``National Forest System'', and
``Forest and Rangeland Research'' accounts to fund forest and
rangeland research, the Joint Fire Science Program,
vegetation and watershed management, heritage site
rehabilitation, and wildlife and fish habitat management and
restoration: Provided further, That of the funds provided,
$65,000,000 shall be available for the purpose of acquiring
aircraft for the next-generation airtanker fleet to enhance
firefighting mobility, effectiveness, efficiency, and safety,
and such aircraft shall be suitable for contractor operation
over the terrain and forest ecosystems characteristic of
National Forest System lands, as determined by the Chief of
the Forest Service: Provided further, That the costs of
implementing any cooperative agreement between the Federal
Government and any non-Federal entity may be shared, as
mutually agreed on by the affected parties: Provided further,
That the funds provided herein may be used by the Secretary
of Agriculture to enter into procurement contracts or
cooperative agreements or to issue grants for hazardous fuels
management activities and for training or monitoring
associated with such hazardous fuels management activities on
Federal land or on non-Federal land if the Secretary
determines such activities benefit resources on Federal land:
Provided further, That funds made available to implement the
Community Forest Restoration Act, Public Law 106-393, title
VI, shall be available for use on non-Federal lands in
accordance with authorities made available to the Forest
Service under the ``State and Private Forestry''
appropriation: Provided further, That the Secretary of the
Interior and the Secretary of Agriculture may authorize the
transfer of funds appropriated for wildland fire management,
in an aggregate amount not to exceed $50,000,000, between the
Departments when such transfers would facilitate and expedite
wildland fire management programs and projects: Provided
further, That of the funds provided for hazardous fuels
management, not to exceed $5,000,000 may be used to make
grants, using any authorities available to the Forest Service
under the ``State and Private Forestry'' appropriation, for
the purpose of creating incentives for increased use of
biomass from National Forest System lands: Provided further,
That funds designated for wildfire suppression, including
funds transferred from the ``FLAME Wildfire Suppression
Reserve Fund'', shall be assessed for cost pools on the same
basis as such assessments are calculated against other agency
programs: Provided further, That of the funds for hazardous
fuels management, up to $46,653,000 may be transferred to the
``National Forest System'' to support the Integrated Resource
Restoration pilot program.
flame wildfire suppression reserve fund
(including transfers of funds)
For necessary expenses for large fire suppression
operations of the Department of Agriculture and as a reserve
fund for suppression and Federal emergency response
activities, $315,000,000, to remain available until expended:
Provided, That such amounts are only available for transfer
to the ``Wildland Fire Management'' account following a
declaration by the Secretary in accordance with section 502
of the FLAME Act of 2009 (43 U.S.C. 1748a).
administrative provisions--forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal
year shall be available for: (1) purchase of passenger motor
vehicles; acquisition of passenger motor vehicles from excess
sources, and hire of such vehicles; purchase, lease,
operation, maintenance, and acquisition of aircraft to
maintain the operable fleet for use in Forest Service
wildland fire programs and other Forest Service programs;
notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in
value used to offset the purchase price for the replacement
aircraft; (2) services pursuant to 7 U.S.C. 2225, and not to
exceed $100,000 for employment under 5 U.S.C. 3109; (3)
purchase, erection, and alteration of buildings and other
public improvements (7 U.S.C. 2250); (4) acquisition of land,
waters, and interests therein pursuant to 7 U.S.C. 428a; (5)
for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6)
the cost of uniforms as authorized by 5 U.S.C. 5901-5902; and
(7) for debt collection contracts in accordance with 31
U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management
appropriation for forest firefighting, emergency
rehabilitation of burned-over or damaged lands or waters
under its jurisdiction, and fire preparedness due to severe
burning conditions upon the Secretary's notification of the
House and Senate Committees on Appropriations that all fire
suppression funds appropriated under the headings ``Wildland
Fire Management'' and ``FLAME Wildfire Suppression Reserve
Fund'' will be obligated within 30 days: Provided, That all
funds used pursuant to this
[[Page H4736]]
paragraph must be replenished by a supplemental appropriation
which must be requested as promptly as possible.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International
Development in connection with forest and rangeland research,
technical information, and assistance in foreign countries,
and shall be available to support forestry and related
natural resource activities outside the United States and its
territories and possessions, including technical assistance,
education and training, and cooperation with U.S., private,
and international organizations. The Forest Service, acting
for the International Program, may sign direct funding
agreements with foreign governments and institutions as well
as other domestic agencies (including the U.S. Agency for
International Development, the Department of State, and the
Millennium Challenge Corporation), U.S. private sector firms,
institutions and organizations to provide technical
assistance and training programs overseas on forestry and
rangeland management.
Funds appropriated to the Forest Service shall be available
for expenditure or transfer to the Department of the
Interior, Bureau of Land Management, for removal,
preparation, and adoption of excess wild horses and burros
from National Forest System lands, and for the performance of
cadastral surveys to designate the boundaries of such lands.
None of the funds made available to the Forest Service in
this Act or any other Act with respect to any fiscal year
shall be subject to transfer under the provisions of section
702(b) of the Department of Agriculture Organic Act of 1944
(7 U.S.C. 2257), section 442 of Public Law 106-224 (7 U.S.C.
7772), or section 10417(b) of Public Law 107-171 (7 U.S.C.
8316(b)).
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the
reprogramming procedures contained in this Act.
Not more than $82,000,000 of funds available to the Forest
Service shall be transferred to the Working Capital Fund of
the Department of Agriculture and not more than $14,500,000
of funds available to the Forest Service shall be transferred
to the Department of Agriculture for Department Reimbursable
Programs, commonly referred to as Greenbook charges. Nothing
in this paragraph shall prohibit or limit the use of
reimbursable agreements requested by the Forest Service in
order to obtain services from the Department of Agriculture's
National Information Technology Center and the Department of
Agriculture's International Technology Service.
Of the funds available to the Forest Service, up to
$5,000,000 shall be available for priority projects within
the scope of the approved budget, which shall be carried out
by the Youth Conservation Corps and shall be carried out
under the authority of the Public Lands Corps Act of 1993,
Public Law 103-82, as amended by Public Lands Corps Healthy
Forests Restoration Act of 2005, Public Law 109-154.
Of the funds available to the Forest Service, $4,000 is
available to the Chief of the Forest Service for official
reception and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-
593, of the funds available to the Forest Service, up to
$3,000,000 may be advanced in a lump sum to the National
Forest Foundation to aid conservation partnership projects in
support of the Forest Service mission, without regard to when
the Foundation incurs expenses, for projects on or
benefitting National Forest System lands or related to Forest
Service programs: Provided, That of the Federal funds made
available to the Foundation, no more than $300,000 shall be
available for administrative expenses: Provided further, That
the Foundation shall obtain, by the end of the period of
Federal financial assistance, private contributions to match
on at least one-for-one basis funds made available by the
Forest Service: Provided further, That the Foundation may
transfer Federal funds to a Federal or a non-Federal
recipient for a project at the same rate that the recipient
has obtained the non-Federal matching funds.
Pursuant to section 2(b)(2) of Public Law 98-244, up to
$3,000,000 of the funds available to the Forest Service may
be advanced to the National Fish and Wildlife Foundation in a
lump sum to aid cost-share conservation projects, without
regard to when expenses are incurred, on or benefitting
National Forest System lands or related to Forest Service
programs: Provided, That such funds shall be matched on at
least a one-for-one basis by the Foundation or its sub-
recipients: Provided further, That the Foundation may
transfer Federal funds to a Federal or non-Federal recipient
for a project at the same rate that the recipient has
obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to
rural communities and natural resource-based businesses for
sustainable rural development purposes.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge
National Scenic Area, pursuant to section 14(c)(1) and (2),
and section 16(a)(2) of Public Law 99-663.
Any funds appropriated to the Forest Service may be used to
meet the non-Federal share requirement in section 502(c) of
the Older Americans Act of 1965 (42 U.S.C. 3056(c)(2)).
Funds available to the Forest Service, not to exceed
$65,000,000, shall be assessed for the purpose of performing
fire, administrative and other facilities maintenance and
decommissioning. Such assessments shall occur using a square
foot rate charged on the same basis the agency uses to assess
programs for payment of rent, utilities, and other support
services.
Notwithstanding any other provision of law, any
appropriations or funds available to the Forest Service not
to exceed $500,000 may be used to reimburse the Office of the
General Counsel (OGC), Department of Agriculture, for travel
and related expenses incurred as a result of OGC assistance
or participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase
negotiations and similar nonlitigation-related matters.
Future budget justifications for both the Forest Service and
the Department of Agriculture should clearly display the sums
previously transferred and the requested funding transfers.
An eligible individual who is employed in any project
funded under title V of the Older Americans Act of 1965 (42
U.S.C. 3056 et seq.) and administered by the Forest Service
shall be considered to be a Federal employee for purposes of
chapter 171 of title 28, United States Code.
Notwithstanding any other provision of this Act, through
the Office of Budget and Program Analysis, the Forest Service
shall report no later than 30 business days following the
close of each fiscal quarter all current and prior year
unobligated balances, by fiscal year, budget line item and
account, to the House and Senate Committees on
Appropriations.
Funds appropriated to the Forest Service shall be available
to categorically exclude from documentation in an
environmental assessment or an environmental impact statement
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) a forest management activity on National
Forest System lands when the primary purpose of the forest
management activity is: (1) to address an insect or disease
infestation; (2) to reduce hazardous fuel loads; (3) to
protect a municipal water source; (4) to maintain, enhance,
or modify critical habitat to protect it from catastrophic
disturbances; (5) to increase water yield; or (6) any
combination of these purposes: Provided, That the land on
which the forest management activity is carried out may not
exceed 3,000 acres.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5,
1954 (68 Stat. 674), the Indian Self-Determination and
Education Assistance Act, the Indian Health Care Improvement
Act, and titles II and III of the Public Health Service Act
with respect to the Indian Health Service, $3,720,690,000,
together with payments received during the fiscal year
pursuant to 42 U.S.C. 238(b) and 238b, for services furnished
by the Indian Health Service: Provided, That funds made
available to tribes and tribal organizations through
contracts, grant agreements, or any other agreements or
compacts authorized by the Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 450), shall be
deemed to be obligated at the time of the grant or contract
award and thereafter shall remain available to the tribe or
tribal organization without fiscal year limitation: Provided
further, That $960,831,000 for Purchased/Referred Care,
including $53,000,000 for the Indian Catastrophic Health
Emergency Fund, shall remain available until expended:
Provided further, That of the funds provided, up to
$37,000,000 shall remain available until expended for
implementation of the loan repayment program under section
108 of the Indian Health Care Improvement Act: Provided
further, That of the funds provided, $2,000,000 shall be used
to supplement funds available for operational costs at tribal
clinics operated under an Indian Self-Determination and
Education Assistance Act compact or contract where health
care is delivered in space acquired through a full service
lease, which is not eligible for maintenance and improvement
and equipment funds from the Indian Health Service, and
$6,000,000 shall be for accreditation emergencies: Provided
further, That the amounts collected by the Federal Government
as authorized by sections 104 and 108 of the Indian Health
Care Improvement Act (25 U.S.C. 1613a and 1616a) during the
preceding fiscal year for breach of contracts shall be
deposited to the Fund authorized by section 108A of the Act
(25 U.S.C. 1616a-1) and shall remain available until expended
and, notwithstanding section 108A(c) of the Act (25 U.S.C.
1616a-1(c)), funds shall be available to make new awards
under the loan repayment and scholarship programs under
sections 104 and 108 of the Act (25 U.S.C. 1613a and 1616a):
Provided further, That the amounts made available within this
account for the Substance Abuse and Suicide Prevention
Program, for the Domestic Violence Prevention Program, for
the Zero Suicide Initiative, for aftercare pilots at Youth
Regional Treatment Centers, to improve collections from
public and private insurance at Indian Health Service and
tribally operated facilities, and for accreditation
emergencies shall be allocated at the discretion of the
Director of the Indian Health Service and shall remain
available until expended: Provided further, That funds
provided in this Act may
[[Page H4737]]
be used for annual contracts and grants that fall within 2
fiscal years, provided the total obligation is recorded in
the year the funds are appropriated: Provided further, That
the amounts collected by the Secretary of Health and Human
Services under the authority of title IV of the Indian Health
Care Improvement Act shall remain available until expended
for the purpose of achieving compliance with the applicable
conditions and requirements of titles XVIII and XIX of the
Social Security Act, except for those related to the
planning, design, or construction of new facilities: Provided
further, That funding contained herein for scholarship
programs under the Indian Health Care Improvement Act (25
U.S.C. 1613) shall remain available until expended: Provided
further, That amounts received by tribes and tribal
organizations under title IV of the Indian Health Care
Improvement Act shall be reported and accounted for and
available to the receiving tribes and tribal organizations
until expended: Provided further, That the Bureau of Indian
Affairs may collect from the Indian Health Service, tribes
and tribal organizations operating health facilities pursuant
to Public Law 93-638, such individually identifiable health
information relating to disabled children as may be necessary
for the purpose of carrying out its functions under the
Individuals with Disabilities Education Act (20 U.S.C. 1400,
et seq.): Provided further, That the Indian Health Care
Improvement Fund may be used, as needed, to carry out
activities typically funded under the Indian Health
Facilities account.
contract support costs
For payments to tribes and tribal organizations for
contract support costs associated with Indian Self-
Determination and Education Assistance Act agreements with
the Indian Health Service for fiscal year 2017, such sums as
may be necessary: Provided, That notwithstanding any other
provision of law, no amounts made available under this
heading shall be available for transfer to another budget
account.
indian health facilities
For construction, repair, maintenance, improvement, and
equipment of health and related auxiliary facilities,
including quarters for personnel; preparation of plans,
specifications, and drawings; acquisition of sites, purchase
and erection of modular buildings, and purchases of trailers;
and for provision of domestic and community sanitation
facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
Determination Act, and the Indian Health Care Improvement
Act, and for expenses necessary to carry out such Acts and
titles II and III of the Public Health Service Act with
respect to environmental health and facilities support
activities of the Indian Health Service, $557,946,000, to
remain available until expended: Provided, That
notwithstanding any other provision of law, funds
appropriated for the planning, design, construction,
renovation or expansion of health facilities for the benefit
of an Indian tribe or tribes may be used to purchase land on
which such facilities will be located: Provided further, That
not to exceed $500,000 may be used by the Indian Health
Service to purchase TRANSAM equipment from the Department of
Defense for distribution to the Indian Health Service and
tribal facilities: Provided further, That none of the funds
appropriated to the Indian Health Service may be used for
sanitation facilities construction for new homes funded with
grants by the housing programs of the United States
Department of Housing and Urban Development: Provided
further, That not to exceed $2,700,000 from this account and
the ``Indian Health Services'' account may be used by the
Indian Health Service to obtain ambulances for the Indian
Health Service and tribal facilities in conjunction with an
existing interagency agreement between the Indian Health
Service and the General Services Administration: Provided
further, That not to exceed $500,000 may be placed in a
Demolition Fund, to remain available until expended, and be
used by the Indian Health Service for the demolition of
Federal buildings.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health
Service shall be available for services as authorized by 5
U.S.C. 3109 at rates not to exceed the per diem rate
equivalent to the maximum rate payable for senior-level
positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment;
purchase of reprints; purchase, renovation and erection of
modular buildings and renovation of existing facilities;
payments for telephone service in private residences in the
field, when authorized under regulations approved by the
Secretary; uniforms or allowances therefor as authorized by 5
U.S.C. 5901-5902; and for expenses of attendance at meetings
that relate to the functions or activities of the Indian
Health Service: Provided, That in accordance with the
provisions of the Indian Health Care Improvement Act, non-
Indian patients may be extended health care at all tribally
administered or Indian Health Service facilities, subject to
charges, and the proceeds along with funds recovered under
the Federal Medical Care Recovery Act (42 U.S.C. 2651-2653)
shall be credited to the account of the facility providing
the service and shall be available without fiscal year
limitation: Provided further, That notwithstanding any other
law or regulation, funds transferred from the Department of
Housing and Urban Development to the Indian Health Service
shall be administered under Public Law 86-121, the Indian
Sanitation Facilities Act and Public Law 93-638: Provided
further, That funds appropriated to the Indian Health Service
in this Act, except those used for administrative and program
direction purposes, shall not be subject to limitations
directed at curtailing Federal travel and transportation:
Provided further, That none of the funds made available to
the Indian Health Service in this Act shall be used for any
assessments or charges by the Department of Health and Human
Services unless identified in the budget justification and
provided in this Act, or approved by the House and Senate
Committees on Appropriations through the reprogramming
process: Provided further, That notwithstanding any other
provision of law, funds previously or herein made available
to a tribe or tribal organization through a contract, grant,
or agreement authorized by title I or title V of the Indian
Self-Determination and Education Assistance Act of 1975 (25
U.S.C. 450), may be deobligated and reobligated to a self-
determination contract under title I, or a self-governance
agreement under title V of such Act and thereafter shall
remain available to the tribe or tribal organization without
fiscal year limitation: Provided further, That none of the
funds made available to the Indian Health Service in this Act
shall be used to implement the final rule published in the
Federal Register on September 16, 1987, by the Department of
Health and Human Services, relating to the eligibility for
the health care services of the Indian Health Service until
the Indian Health Service has submitted a budget request
reflecting the increased costs associated with the proposed
final rule, and such request has been included in an
appropriations Act and enacted into law: Provided further,
That with respect to functions transferred by the Indian
Health Service to tribes or tribal organizations, the Indian
Health Service is authorized to provide goods and services to
those entities on a reimbursable basis, including payments in
advance with subsequent adjustment, and the reimbursements
received therefrom, along with the funds received from those
entities pursuant to the Indian Self-Determination Act, may
be credited to the same or subsequent appropriation account
from which the funds were originally derived, with such
amounts to remain available until expended: Provided further,
That reimbursements for training, technical assistance, or
services provided by the Indian Health Service will contain
total costs, including direct, administrative, and overhead
associated with the provision of goods, services, or
technical assistance: Provided further, That the
appropriation structure for the Indian Health Service may not
be altered without advance notification to the House and
Senate Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of
Environmental Health Sciences in carrying out activities set
forth in section 311(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9660(a)) and section 126(g) of the Superfund Amendments and
Reauthorization Act of 1986, $77,349,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set
forth in sections 104(i) and 111(c)(4) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (CERCLA) and section 3019 of the Solid Waste Disposal
Act, $74,691,000, of which up to $1,000 per eligible employee
of the Agency for Toxic Substances and Disease Registry shall
remain available until expended for Individual Learning
Accounts: Provided, That notwithstanding any other provision
of law, in lieu of performing a health assessment under
section 104(i)(6) of CERCLA, the Administrator of ATSDR may
conduct other appropriate health studies, evaluations, or
activities, including, without limitation, biomedical
testing, clinical evaluations, medical monitoring, and
referral to accredited healthcare providers: Provided
further, That in performing any such health assessment or
health study, evaluation, or activity, the Administrator of
ATSDR shall not be bound by the deadlines in section
104(i)(6)(A) of CERCLA: Provided further, That none of the
funds appropriated under this heading shall be available for
ATSDR to issue in excess of 40 toxicological profiles
pursuant to section 104(i) of CERCLA during fiscal year 2017,
and existing profiles may be updated as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to
the Council on Environmental Quality and Office of
Environmental Quality pursuant to the National Environmental
Policy Act of 1969, the Environmental Quality Improvement Act
of 1970, and Reorganization Plan No. 1 of 1977, and not to
exceed $750 for official reception and representation
expenses, $3,000,000: Provided, That notwithstanding section
202 of the National Environmental Policy Act of 1970, the
[[Page H4738]]
Council shall consist of one member, appointed by the
President, by and with the advice and consent of the Senate,
serving as chairman and exercising all powers, functions, and
duties of the Council.
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, including hire of
passenger vehicles, uniforms or allowances therefor, 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, $11,000,000:
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.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Navajo and Hopi
Indian Relocation as authorized by Public Law 93-531,
$15,431,000, to remain available until expended: Provided,
That funds provided in this or any other appropriations Act
are to be used to relocate eligible individuals and groups
including evictees from District 6, Hopi-partitioned lands
residents, those in significantly substandard housing, and
all others certified as eligible and not included in the
preceding categories: Provided further, That none of the
funds contained in this or any other Act may be used by the
Office of Navajo and Hopi Indian Relocation to evict any
single Navajo or Navajo family who, as of November 30, 1985,
was physically domiciled on the lands partitioned to the Hopi
Tribe unless a new or replacement home is provided for such
household: Provided further, That no relocatee will be
provided with more than one new or replacement home: Provided
further, That the Office shall relocate any certified
eligible relocatees who have selected and received an
approved homesite on the Navajo reservation or selected a
replacement residence off the Navajo reservation or on the
land acquired pursuant to 25 U.S.C. 640d-10: Provided
further, That $200,000 shall be transferred to the Office of
Inspector General of the Department of the Interior, to
remain available until expended, for audits and
investigations of the Office of Navajo and Hopi Indian
Relocation, consistent with the Inspector General Act of 1978
(5 U.S.C. App.).
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by title
XV of Public Law 99-498 (20 U.S.C. 56 part A), $11,619,000,
to remain available until September 30, 2018.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art,
science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publications;
conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease
agreements of no more than 30 years, and protection of
buildings, facilities, and approaches; not to exceed $100,000
for services as authorized by 5 U.S.C. 3109; and purchase,
rental, repair, and cleaning of uniforms for employees,
$712,487,000, to remain available until September 30, 2018,
except as otherwise provided herein; of which not to exceed
$50,467,000 for the instrumentation program, collections
acquisition, exhibition reinstallation, the National Museum
of African American History and Culture, and the repatriation
of skeletal remains program shall remain available until
expended; and including such funds as may be necessary to
support American overseas research centers: Provided, That
funds appropriated herein are available for advance payments
to independent contractors performing research services or
participating in official Smithsonian presentations.
facilities capital
For necessary expenses of repair, revitalization, and
alteration of facilities owned or occupied by the Smithsonian
Institution, by contract or otherwise, as authorized by
section 2 of the Act of August 22, 1949 (63 Stat. 623), and
for construction, including necessary personnel,
$150,860,000, to remain available until expended, of which
not to exceed $10,000 shall be for services as authorized by
5 U.S.C. 3109.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of
Art, the protection and care of the works of art therein, and
administrative expenses incident thereto, as authorized by
the Act of March 24, 1937 (50 Stat. 51), as amended by the
public resolution of April 13, 1939 (Public Resolution 9,
Seventy-sixth Congress), including services as authorized by
5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum,
and art associations or societies whose publications or
services are available to members only, or to members at a
price lower than to the general public; purchase, repair, and
cleaning of uniforms for guards, and uniforms, or allowances
therefor, for other employees as authorized by law (5 U.S.C.
5901-5902); purchase or rental of devices and services for
protecting buildings and contents thereof, and maintenance,
alteration, improvement, and repair of buildings, approaches,
and grounds; and purchase of services for restoration and
repair of works of art for the National Gallery of Art by
contracts made, without advertising, with individuals, firms,
or organizations at such rates or prices and under such terms
and conditions as the Gallery may deem proper, $130,801,000,
to remain available until September 30, 2018, of which not to
exceed $3,620,000 for the special exhibition program shall
remain available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and
renovation of buildings, grounds and facilities owned or
occupied by the National Gallery of Art, by contract or
otherwise, for operating lease agreements of no more than 10
years, with no extensions or renewals beyond the 10 years,
that address space needs created by the ongoing renovations
in the Master Facilities Plan, as authorized, $22,564,000, to
remain available until expended: Provided, That contracts
awarded for environmental systems, protection systems, and
exterior repair or renovation of buildings of the National
Gallery of Art may be negotiated with selected contractors
and awarded on the basis of contractor qualifications as well
as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing
Arts, $22,260,000.
capital repair and restoration
For necessary expenses for capital repair and restoration
of the existing features of the building and site of the John
F. Kennedy Center for the Performing Arts, $14,140,000, to
remain available until expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of
the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356)
including hire of passenger vehicles and services as
authorized by 5 U.S.C. 3109, $10,500,000, to remain available
until September 30, 2018.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $149,849,000
shall be available to the National Endowment for the Arts for
the support of projects and productions in the arts,
including arts education and public outreach activities,
through assistance to organizations and individuals pursuant
to section 5 of the Act, for program support, and for
administering the functions of the Act, to remain available
until expended.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $149,848,000, to
remain available until expended, of which $139,148,000 shall
be available for support of activities in the humanities,
pursuant to section 7(c) of the Act and for administering the
functions of the Act; and $10,700,000 shall be available to
carry out the matching grants program pursuant to section
10(a)(2) of the Act, including $8,500,000 for the purposes of
section 7(h): Provided, That appropriations for carrying out
section 10(a)(2) shall be available for obligation only in
such amounts as may be equal to the total amounts of gifts,
bequests, devises of money, and other property accepted by
the chairman or by grantees of the National Endowment for the
Humanities under the provisions of sections 11(a)(2)(B) and
11(a)(3)(B) during the current and preceding fiscal years for
which equal amounts have not previously been appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any
grant or contract documents which do not include the text of
18 U.S.C. 1913: Provided, That none of the funds appropriated
to the National Foundation on the Arts and the Humanities may
be used for official reception and representation expenses:
Provided further, That funds from nonappropriated sources may
be used as necessary for official reception and
[[Page H4739]]
representation expenses: Provided further, That the
Chairperson of the National Endowment for the Arts may
approve grants of up to $10,000, if in the aggregate the
amount of such grants does not exceed 5 percent of the sums
appropriated for grantmaking purposes per year: Provided
further, That such small grant actions are taken pursuant to
the terms of an expressed and direct delegation of authority
from the National Council on the Arts to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under chapter
91 of title 40, United States Code, $2,762,000: Provided,
That the Commission is authorized to charge fees to cover the
full costs of its publications, and such fees shall be
credited to this account as an offsetting collection, to
remain available until expended without further
appropriation: Provided further, That the Commission is
authorized to accept gifts, including objects, papers,
artwork, drawings and artifacts, that pertain to the history
and design of the Nation's Capital or the history and
activities of the Commission of Fine Arts, for the purpose of
artistic display, study or education: Provided further, That
one-tenth of one percent of the funds provided under this
heading may be used for official reception and representation
expenses.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190
(20 U.S.C. 956a), $2,000,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665), $6,480,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses of the National Capital Planning
Commission under chapter 87 of title 40, United States Code,
including services as authorized by 5 U.S.C. 3109,
$8,099,000: Provided, That one-quarter of 1 percent of the
funds provided under this heading may be used for official
reception and representational expenses associated with
hosting international visitors engaged in the planning and
physical development of world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as
authorized by Public Law 106-292 (36 U.S.C. 2301-2310),
$57,000,000, of which $1,215,000 shall remain available until
September 30, 2019, for the Museum's equipment replacement
program; and of which $2,500,000 for the Museum's repair and
rehabilitation program and $1,264,000 for the Museum's
outreach initiatives program shall remain available until
expended.
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
restriction on use of funds
Sec. 401. 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. 402. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
reprogramming procedures, disclosure of administrative expenses, and
operating plans
Sec. 403. (a) DEFINITIONS.--For the purposes of this
section:
(1) ``Reprogramming'' includes:
(A) The reallocation of funds from one program, project, or
activity, to another within any appropriation funded in this
Act.
(B) For construction, land acquisition, and forest legacy
accounts, the reallocation of funds, including unobligated
balances, from one construction, land acquisition, or forest
legacy project to another such project.
(C) An operating plan or any later modification thereof
submitted under subsection (i) of this section.
(D) Proposed reorganizations even without a change in
funding, including any change to the organization table
presented in the budget justification.
(2) ``Program'', ``project'', and ``activity'' constitute
the delineation below the appropriation account level of any
agency funded by this Act, as shown in any table of the
report accompanying this Act.
(3) ``Funds'' includes funds provided in this Act or
previous appropriations Acts that are available for
obligation in the current fiscal year and any amounts
available for obligation in the current fiscal year derived
from collections, fees or charges.
(4) ``Assessment'' is any overhead charge, deduction,
reserve or holdback, including working capital fund and cost
pool charges, from any program, project, and activity to
support government-wide, departmental, agency, or bureau
administrative functions or headquarters, regional, or
central operations or to provide for contingencies.
(b) GENERAL GUIDELINES FOR REPROGRAMMING.--
(1) A reprogramming should be made only when an unforeseen
situation arises, and then only if postponement of the
project or the activity until the next appropriation year
would result in actual loss or damage.
(2) Any project or activity, which may be deferred through
reprogramming, shall not later be accomplished by means of
further reprogramming, but instead, funds should again be
sought for the deferred project or activity through the
regular appropriations process.
(3) Except under the most urgent situations, reprogramming
should not be employed to initiate new programs or increase
allocations specifically denied or limited by the Congress,
or to decrease allocations specifically increased by the
Congress.
(4) New programs requested in the budget should not be
initiated before enactment of the bill without notification
to, and the approval of, the Committees on Appropriations of
the House of Representatives and the Senate (hereinafter
``the Committees''). This restriction applies to all such
actions regardless of whether a formal reprogramming of funds
is required to begin the program.
(c) CRITERIA.--
(1) A reprogramming shall be submitted to the Committees in
writing 30 days prior to implementation if--
(A) it exceeds $1,000,000 individually or cumulatively or
results in a cumulative increase or decrease of more than 10
percent of funds annually in any affected program, project,
or activity;
(B) it is a reorganization; or
(C) it is an operating plan or any later modification
thereof as submitted under subsection (i) of this section:
Provided, That such plan or modification thereof also meets
any of the other criteria under subsection (c)(1) of this
section.
(2) No funds shall be available for obligation or
expenditure through a reprogramming until 30 days after the
receipt by the Committees of a notice of proposed
reprogramming.
(3) A reprogramming shall be considered approved 30 days
after receipt if the Committees have posed no objection.
However, agencies will be expected to extend the approval
deadline if specifically requested by either Committee.
(d) EXCEPTIONS.--
(1) With regard to the tribal priority allocations of the
Bureau of Indian Affairs, there is no restriction on
reprogrammings among these programs. However, the Bureau
shall report on all reprogrammings made during a given fiscal
year no later than 60 days after the end of the fiscal year.
(2) With regard to the Environmental Protection Agency,
State and Tribal Assistance Grants account, the Committees do
not require reprogramming requests associated with States and
Tribes Partnership Grants.
(e) ASSESSMENTS.--
(1) No assessment shall be levied or collected unless such
assessment and the basis therefor are presented to the
Committees in the budget justifications and are subsequently
approved by the Committees. The explanation for any
assessment in the budget justification shall show the amount
of the assessment, the activities assessed, and the purpose
of the funds.
(2) Proposed changes to estimated assessments, as such
estimates were presented in annual budget justifications,
shall be submitted through the reprogramming process set out
in this section and shall be subject to the same dollar and
reporting criteria as any other reprogramming.
(3) Each department, agency or bureau that utilizes
assessments shall submit an annual report to the Committees
which provides details on the use of all funds assessed from
any other program, project, or activity.
(4) In no case shall contingency funds or assessments be
used to finance agency actions disapproved or limited by the
Congress.
(f) LAND ACQUISITIONS, EASEMENTS, AND FOREST LEGACY.--Lands
shall not be acquired for more than the approved appraised
value (as addressed in section 301(3) of Public Law 91-646),
unless such acquisitions are submitted to the Committees for
approval in compliance with these procedures.
(g) LAND EXCHANGES.--Land exchanges, wherein the estimated
value of the Federal lands to be exchanged is greater than
$1,000,000, shall not be consummated until the Committees
have had a 30-day period in which to examine the proposed
exchange. In addition, the Committees shall be provided
advance notification of exchanges valued between $500,000 and
$1,000,000.
(h) BUDGET STRUCTURE.--The program, project, and activity
structure for any agency appropriation account shall not be
altered without advance approval of the Committees.
(i) OPERATING PLANS.--Not later than 60 days after the date
of enactment of this Act, each department or agency funded by
this Act shall submit an operating plan to the Committees to
establish the baseline for application of reprogramming for
the current fiscal year. The operating plan shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made
by the Congress, enacted rescissions, if appropriate, and the
fiscal year enacted level;
(2) a delineation in the table for each appropriation by
program, project, and activity for the respective
appropriation; and
(3) an identification of items of special congressional
interest.
[[Page H4740]]
mining applications
Sec. 404. (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, 2018, 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, prior year limitation
Sec. 405. Sections 405 and 406 of division F of the
Consolidated and Further Continuing Appropriations Act, 2015
(Public Law 113-235) shall continue in effect in fiscal year
2017.
contract support costs, fiscal year 2017 limitation
Sec. 406. Amounts provided by this Act for fiscal year 2017
under the headings ``Department of Health and Human Services,
Indian Health Service, Contract Support Costs'' and
``Department of the Interior, Bureau of Indian Affairs and
Bureau of Indian Education, Contract Support Costs'' are the
only amounts available for contract support costs arising out
of self-determination or self-governance contracts, grants,
compacts, or annual funding agreements for fiscal year 2017
with the Bureau of Indian Affairs or the Indian Health
Service: Provided, That such amounts provided by this Act are
not available for payment of claims for contract support
costs for prior years, or for repayments of payments for
settlements or judgments awarding contract support costs for
prior years.
forest management plans
Sec. 407. 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. 408. 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.
limitation on takings
Sec. 409. 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. 410. 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.
prohibition on no-bid contracts
Sec. 411. 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 Assistance Act (Public Law 93-
638, 25 U.S.C. 450 et seq.) 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. 412. (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. 413. 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 or projects.
national endowment for the arts program priorities
Sec. 414. (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;
[[Page H4741]]
(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);
(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.
status of balances of appropriations
Sec. 415. 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. 416. Not later than 120 days after the date on which
the President's fiscal year 2018 budget request is submitted
to the Congress, the President shall submit a comprehensive
report to the Committees on Appropriations of the House of
Representatives and the Senate describing in detail all
Federal agency funding, domestic and international, for
climate change programs, projects, and activities in fiscal
years 2016 and 2017, 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. 417. 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. 418. 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.
modification of authorities
Sec. 419. (a) Section 8162(m)(3) of the Department of
Defense Appropriations Act, 2000 (40 U.S.C. 8903 note; Public
Law 106-79) is amended by striking ``September 30, 2016'' and
inserting ``September 30, 2017''.
(b) For fiscal year 2017, the authority provided by the
provisos under the heading ``Dwight D. Eisenhower Memorial
Commission--Capital Construction'' in division E of Public
Law 112-74 shall not be in effect.
funding prohibition
Sec. 420. None of the funds made available by this or any
other Act may be used to regulate the lead content of
ammunition, ammunition components, or fishing tackle under
the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or
any other law.
extension of grazing permits
Sec. 421. The terms and conditions of section 325 of Public
Law 108-108 (117 Stat. 1307), regarding grazing permits
issued by the Forest Service on any lands not subject to
administration under section 402 of the Federal Lands Policy
and Management Act (43 U.S.C. 1752), shall remain in effect
for fiscal year 2017.
recreation fee
Sec. 422. Section 810 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6809) is amended by striking
``September 30, 2017'' and inserting ``September 30, 2018''.
stewardship contracting amendments
Sec. 423. Section 604(d) of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6591c(d)) is amended--
(1) in paragraph (5), by adding at the end the following:
``Notwithstanding section 2 of the Act of July 31, 1947
(commonly known as the Materials Act of 1947; 30 U.S.C. 602),
the Director may enter into an agreement or contract under
subsection (b).''; and
(2) in paragraph (7)--
(A) by striking ``and the Director''; and
(B) by inserting ``entered into by the Chief'' after
``contracts and agreements''.
funding prohibition
Sec. 424. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
definition of fill material
Sec. 425. None of the funds made available in this Act or
any other Act may be used by the Environmental Protection
Agency to develop, adopt, implement, administer, or enforce
any change to the regulations in effect on October 1, 2012,
pertaining to the definitions of the terms ``fill material''
or ``discharge of fill material'' for the purposes of the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
clarification of exemptions
Sec. 426. Notwithstanding section 404(f)(2) of the Federal
Water Pollution Control Act (33 U.S.C. 1344(f)(2)), none of
the funds made available by this Act may be used to require a
permit for the discharge of dredged or fill material under
the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.) for the activities identified in subparagraphs (A) and
(C) of section 404(f)(1) of the Act (33 U.S.C. 1344(f)(1)(A),
(C)).
waters of the united states
Sec. 427. None of the funds made available in this Act or
any other Act for any fiscal year may be used to develop,
adopt, implement, administer, or enforce any change to the
regulations and guidance in effect on October 1, 2012,
pertaining to the definition of waters under the jurisdiction
of the Federal Water Pollution Control Act (33 U.S.C. 1251,
et seq.), including the provisions of the rules dated
November 13, 1986, and August 25, 1993, relating to said
jurisdiction, and the guidance documents dated January 15,
2003, and December 2, 2008, relating to said jurisdiction.
hunting, fishing, and recreational shooting on federal land
Sec. 428. (a) Limitation on Use of Funds.--None of the
funds made available by this or any other Act for any fiscal
year may be used to prohibit the use of or access to Federal
land (as such term is defined in section 3 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6502)) for
hunting, fishing, or recreational shooting if such use or
access--
(1) was not prohibited on such Federal land as of January
1, 2013; and
(2) was conducted in compliance with the resource
management plan (as defined in section 101 of such Act (16
U.S.C. 6511)) applicable to such Federal land as of January
1, 2013.
(b) Temporary Closures Allowed.--Notwithstanding subsection
(a), the Secretary of the Interior or the Secretary of
Agriculture may temporarily close, for a period not to exceed
30 days, Federal land managed by the Secretary to hunting,
fishing, or recreational shooting if the Secretary determines
that the temporary closure is necessary to accommodate a
special event or for public safety reasons. The Secretary may
extend a temporary closure for one additional 90-day period
only if the Secretary determines the extension is necessary
because of extraordinary weather conditions or for public
safety reasons.
(c) Authority of States.--Nothing in this section shall be
construed as affecting the authority, jurisdiction, or
responsibility of the several States to manage, control, or
regulate fish and resident wildlife under State law or
regulations.
lead test kit
Sec. 429. None of the funds made available by this Act may
be used to enforce regulations under sections 745.84 and
745.86 of title 40, Code of Federal Regulations, or any
subsequent amendments to such regulations, until the
Administrator of the Environmental Protection Agency--
(1) publicizes Environmental Protection Agency recognition
of a commercially available lead test kit that meets both
criteria under section 745.88(c) of title 40, Code of Federal
Regulations; or
(2) solicits public comment on alternatives to subpart E of
part 745 of title 40, Code of Federal Regulations, following
the date of enactment of this Act.
financial assurance
Sec. 430. None of the funds made available by this Act may
be used to develop, propose, finalize, implement, enforce, or
administer any regulation that would establish new financial
responsibility requirements pursuant to section 108(b) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9608(b)).
ghg nsps
Sec. 431. None of the funds made available by this Act
shall be used to propose, finalize, implement, or enforce--
(1) any standard of performance under section 111(b) of the
Clean Air Act (42 U.S.C. 7411(b)) for any new fossil fuel-
fired electricity utility generating unit if the
Administrator of the Environmental Protection Agency's
determination that a technology is adequately demonstrated
includes consideration of one or more facilities for which
assistance is provided (including any tax credit) under
subtitle A of title IV of the Energy Policy Act of 2005 (42
U.S.C. 15961 et seq.) or section 48A of the Internal Revenue
Code of 1986;
(2) any regulation or guidance under section 111(b) of the
Clean Air Act (42 U.S.C. 7411(b)) establishing any standard
of performance for emissions of any greenhouse gas from any
modified or reconstructed source that is a fossil fuel-fired
electric utility generating unit; or
(3) any regulation or guidance under section 111(d) of the
Clean Air Act (42 U.S.C. 7411(d)) that applies to the
emission of any greenhouse gas by an existing source that is
a fossil fuel-fired electric utility generating unit.
availability of vacant grazing allotments
Sec. 432. The Secretary of the Interior, with respect to
public lands administered by
[[Page H4742]]
the Bureau of Land Management, and the Secretary of
Agriculture, with respect to the National Forest System
lands, shall make vacant grazing allotments available to a
holder of a grazing permit or lease issued by either
Secretary if the lands covered by the permit or lease or
other grazing lands used by the holder of the permit or lease
are unusable because of drought or wildfire, as determined by
the Secretary concerned. The terms and conditions contained
in a permit or lease made available pursuant to this section
shall be the same as the terms and conditions of the most
recent permit or lease that was applicable to the vacant
grazing allotment made available. Section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332) shall not
apply with respect to any Federal agency action under this
section.
protection of water rights
Sec. 433. None of the funds made available in this or any
other Act may be used to condition the issuance, renewal,
amendment, or extension of any permit, approval, license,
lease, allotment, easement, right-of-way, or other land use
or occupancy agreement on the transfer of any water right,
including sole and joint ownership, directly to the United
States, or any impairment of title, in whole or in part,
granted or otherwise recognized under State law, by Federal
or State adjudication, decree, or other judgment, or pursuant
to any interstate water compact. Additionally, none of the
funds made available in this or any other Act may be used to
require any water user to apply for or acquire a water right
in the name of the United States under State law as a
condition of the issuance, renewal, amendment, or extension
of any permit, approval, license, lease, allotment, easement,
right-of-way, or other land use or occupancy agreement.
limitation on status changes
Sec. 434. None of the funds made available by this Act
shall be used to propose, finalize, implement, or enforce any
regulation or guidance under Section 612 of the Clean Air Act
(42 U.S.C. 7671k) that changes the status from acceptable to
unacceptable for purposes of the Significant New Alternatives
Policy (SNAP) program of any hydrofluorocarbon used as a
refrigerant or in foam blowing agents, applications or uses.
Nothing in this section shall prevent EPA from approving new
materials, applications or uses as acceptable under the SNAP
program.
use of american iron and steel
Sec. 435. (a)(1) None of the funds made available by a
State water pollution control revolving fund as authorized by
section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-
12) shall be used for a project for the construction,
alteration, maintenance, or repair of a public water system
or treatment works unless all of the iron and steel products
used in the project are produced in the United States.
(2) In this section, the term ``iron and steel'' products
means the following products made primarily of iron or steel:
lined or unlined pipes and fittings, manhole covers and other
municipal castings, hydrants, tanks, flanges, pipe clamps and
restraints, valves, structural steel, reinforced precast
concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category
of cases in which the Administrator of the Environmental
Protection Agency (in this section referred to as the
``Administrator'') finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities and
of a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project
by more than 25 percent.
(c) If the Administrator receives a request for a waiver
under this section, the Administrator shall make available to
the public on an informal basis a copy of the request and
information available to the Administrator concerning the
request, and shall allow for informal public input on the
request for at least 15 days prior to making a finding based
on the request. The Administrator shall make the request and
accompanying information available by electronic means,
including on the official public Internet Web site of the
Environmental Protection Agency.
(d) This section shall be applied in a manner consistent
with United States obligations under international
agreements.
(e) The Administrator may retain up to 0.25 percent of the
funds appropriated in this Act for the Clean and Drinking
Water State Revolving Funds for carrying out the provisions
described in subsection (a)(1) for management and oversight
of the requirements of this section.
social cost of carbon
Sec. 436. None of the funds made available by this or any
other Act shall be used for the social cost of carbon (SCC)
to be incorporated into any rulemaking or guidance document
until a new Interagency Working Group (IWG) revises the
estimates using the discount rates and the domestic-only
limitation on benefits estimates in accordance with Executive
Order 12866 and OMB Circular A-4 as of January 1, 2015:
Provided, That such IWG shall provide to the public all
documents, models, and assumptions used in developing the SCC
and solicit public comment prior to finalizing any revised
estimates.
limitation on use of funds for designated representatives
Sec. 437. None of the funds made available by this or any
other Act may be used to implement or enforce, or to require
States to implement or enforce, the provisions of 40 CFR
170.311(b)(9) as published in the Federal Register on
November 2, 2015.
ozone
Sec. 438. To implement the national ambient air quality
standards for ozone published in the Federal Register on
October 26, 2015 (80 Fed. Reg. 65292):
(1) the Governor of each State shall designate areas of the
State as attainment, nonattainment, or unclassifiable with
respect to the standards not later than October 26, 2024;
(2) the Administrator of the Environmental Protection
Agency shall promulgate final designations for all areas in
all States with respect to the standards not later than
October 26, 2025;
(3) each State shall submit the plan required by section
110(a)(1) of the Clean Air Act (42 U.S.C. 7410(a)(1)) for the
standards not later than October 26, 2026;
(4) the standards shall not apply to the review and
disposition of a preconstruction permit application required
under part C or D of title I of the Clean Air Act (42 U.S.C.
7470 et seq.) if the Administrator or the State, local or
tribal permitting authority, as applicable, has determined
the application to be complete prior to the date of
promulgation of final designations, or has published a public
notice of a preliminary determination or draft permit before
the date that is 60 days after the date of promulgation of
final designations; and
(5) the provisions of subsections (1) through (4) above
shall apply notwithstanding the deadlines set forth in
Section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) and
Section 110(a)(1) of the Clean Air Act (42 U.S.C.
7410(a)(1)).
methane emissions
Sec. 439. None of the funds made available by this Act
shall be used to develop, propose, finalize, implement or
enforce--
(1) any rule or guideline to address methane emissions from
sources in the oil and natural gas sector under Sections
111(b) or (d) of the Clean Air Act (42 U.S.C. 7411(b),
7411(d));
(2) any rule changing the term ``adjacent'' for purposes of
defining ``stationary source'' and ``major source'' as
applied to the oil and gas sector under the Clean Air Act;
and
(3) proposed Draft Control Techniques Guidelines for the
Oil and Natural Gas Industry released September 18, 2015 (80
Fed. Reg. 56577 ).
royalty rates
Sec. 440. None of the funds made available by this Act may
be used to implement any changes to royalty rates or product
valuation regulations under Federal coal, oil, and gas
leasing programs.
program review
Sec. 441. (a) Termination.--Secretarial Order 3338, issued
by the Secretary of the Interior on January 15, 2016, shall
have no force or effect on and after the earlier of--
(1) September 30, 2017; or
(2) the date of publication of notice under subsection (b).
(b) Publication of Notice.--The Secretary of the Interior
shall promptly publish notice of the completion of the
Programmatic Environmental Impact Statement directed to be
prepared under that order.
national gallery of art
Sec. 442. Section 6301(2) of title 40, United States Code,
is amended--
(1) in the matter preceding subparagraph (A), by striking
``The National Gallery of Art'' and inserting ``(A) The
National Gallery of Art'';
(2) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively; and
(3) by adding at the end the following new subparagraph:
``(B) All other buildings, service roads, walks, and other
areas within the exterior boundaries of any real estate or
land or interest in land (including temporary use) that the
National Gallery of Art acquires and that the Director of the
National Gallery of Art determines to be necessary for the
adequate protection of individuals or property in the
National Gallery of Art and suitable for administration as a
part of the National Gallery of Art.''.
blm planning 2.0 rulemaking on land use planning procedures
Sec. 443. None of the funds made available by this Act may
be used to promulgate, implement, administer, or enforce the
rule published by the Bureau of Land Management in the
Federal Register on February 25, 2016 (81 Fed. Reg. 9673 et
seq.; Fed. Reg. Doc. No. 2016-03232), to amend subparts 1601
and 1610 of title 43, Code of Federal Regulations, which
establish the procedures used to prepare, revise, or amend
land use plans pursuant to the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.), until the
Secretary of the Interior provides an additional 90-day
period for public comments on the proposed rule and holds at
least one more public meeting on the proposed rule in each of
the eleven contiguous Western States (as defined in section
103(o) of such Act (43 U.S.C. 1702(o))), Texas. and Oklahoma.
humane transfer of excess animals
Sec. 444. Notwithstanding any other provision of law, the
Secretary of the Interior may transfer excess wild horses or
burros
[[Page H4743]]
that have been removed from the public lands to other
Federal, State, and local government agencies for use as work
animals: Provided, That the Secretary may make any such
transfer immediately upon request of such Federal, State, or
local government agency: Provided further, That any excess
animal transferred under this provision shall lose its status
as a wild free-roaming horse or burro as defined in the Wild
Free-Roaming Horses and Burros Act: Provided further, That
any Federal, State, or local government agency receiving
excess wild horses or burros as authorized in this section
shall not destroy the horses or burros in a way that results
in their destruction into commercial products, or sell or
otherwise transfer the horses in a way that results in their
destruction for processing into commercial products.
limitation on use of funds for treatment of lesser prairie chicken
under endangered species act of 1973
Sec. 445. None of the funds made available by this Act
shall be used to treat the lesser prairie chicken as an
endangered species or threatened species, or a candidate for
listing as such a species, under the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.).
indian health governing board
Sec. 446. Not later than six months after the date of
receipt by the Secretary of Health and Human Services of a
written request from the tribe or tribes served by a hospital
operated by the Indian Health Service, the Secretary shall
install a governance board exclusively for such hospital for
a trial period of three years: Provided, That the governance
board shall be comprised of Indian Health Service senior
executives, elected tribal officials, and hospital
administration experts outside of the Indian Health Service
system: Provided further, that the governance board shall
follow industry-wide best practices: Provided further, that
the governance board shall approve, oversee the
implementation of, and evaluate metrics of quality care,
patient safety and satisfaction, and finance: Provided
further, that the governance board shall work with the Indian
Health Service on developing standards and procedures for
employee recruitment, retention, training, communication, and
dismissal to assure consistency with other high performing
federally run health facilities: Provided further, that the
hospital shall have a chief executive officer hired and
accountable to the Director of the Indian Health Service who
shall be a liaison between the Indian Health Service and the
governance board: Provided further, that the chief executive
officer shall retain authority for all hospital personnel
matters in accordance with existing law: Provided further,
that the chief executive officer and the governance board
shall sign a memorandum of understanding to share all
pertinent hospital information while protecting individual
privacy rights in accordance with existing law: Provided
further, that the Secretary shall replace the chief executive
officer upon receipt of a written request by the governance
board: Provided further, that the governance board shall meet
at the hospital regularly: Provided further, that the
governance board shall regularly communicate to the affected
tribe or tribes, to the Secretary, and to the Congress:
Provided further, that at the end of the trial period, the
governance board shall publish and disseminate a report
evaluating the aforementioned metrics and providing
recommendations for any other tribe or tribes wanting to
establish a similar governance board at any other hospital
operated by the Indian Health Service: Provided further, that
if a tribe moves from direct service delivery to delivery
through contracting or compacting pursuant to Public Law 93-
638, the tribe involved in the pilot has the opportunity to
end the pilot and the opportunity to collaborate with the
Indian Health Service to reconfigure a governance structure
in which that Indian Health Service may upon request continue
its participation in the governance structure in a contracted
or compacted arrangement.
scientifically supported implementation of omr flow requirements
Sec. 447. (a) To maximize water supplies for the Central
Valley Project and the State Water Project, in implementing
the provisions of the smelt biological opinion or salmonid
biological opinion, or any successor biological opinions or
court orders, pertaining to management of reverse flow in the
Old and Middle Rivers, the Secretary of the Interior shall--
(1) consider the relevant provisions of the applicable
biological opinions or any successor biological opinions;
(2) manage export pumping rates to achieve a reverse OMR
flow rate of -5,000 cubic feet per second unless existing
information or that developed by the Secretary of the
Interior under paragraphs (3) and (4) leads the Secretary to
reasonably conclude, using the best scientific and commercial
data available, that a less negative OMR flow rate is
necessary to avoid a significant negative impact on the long-
term survival of the species covered by the smelt biological
opinion or salmonid biological opinion. If the best
scientific and commercial data available to the Secretary
indicates that a reverse OMR flow rate more negative than
-5,000 cubic feet per second can be established without an
imminent negative impact on the long-term survival of the
species covered by the smelt biological opinion or salmonid
biological opinion, the Secretary shall manage export pumping
rates to achieve that more negative OMR flow rate;
(3) document, in writing, any significant facts about real-
time conditions relevant to the determinations of OMR reverse
flow rates, including--
(A) whether targeted real-time fish monitoring pursuant to
this section, including monitoring in the vicinity of Station
902, indicates that a significant negative impact on the
long-term survival of species covered by the smelt biological
opinion or salmonid biological opinion is imminent; and
(B) whether near-term forecasts with available models show
under prevailing conditions that OMR flow of -5,000 cubic
feet per second or higher will cause a significant negative
impact on the long-term survival of species covered by the
smelt biological opinion or salmonid biological opinion;
(4) show, in writing, that any determination to manage OMR
reverse flow at rates less negative than -5,000 cubic feet
per second is necessary to avoid a significant negative
impact on the long-term survival of species covered by the
smelt biological opinion or salmonid biological opinion, and
provide, in writing, an explanation of the data examined and
the connection between those data and the choice made, after
considering--
(A) the distribution of Delta smelt throughout the Delta;
(B) the potential effects of documented, quantified
entrainment on subsequent Delta smelt abundance;
(C) the water temperature;
(D) other significant factors relevant to the
determination; and
(E) whether any alternative measures could have a
substantially lesser water supply impact; and
(5) for any subsequent smelt biological opinion or salmonid
biological opinion, make the showing required in paragraph
(4) for any determination to manage OMR reverse flow at rates
less negative than the most negative limit in the biological
opinion if the most negative limit in the biological opinion
is more negative than -5,000 cubic feet per second.
(b) No Reinitiation of Consultation.--In implementing or at
the conclusion of actions under subsection (a), the Secretary
of the Interior or the Secretary of Commerce shall not
reinitiate consultation on those adjusted operations unless
there is a significant negative impact on the long-term
survival of the species covered by the smelt biological
opinion or salmonid biological opinion. Any action taken
under subsection (a) that does not create a significant
negative impact on the long-term survival to species covered
by the smelt biological opinion or salmonid biological
opinion will not alter application of the take permitted by
the incidental take statement in the biological opinion under
section 7(o)(2) of the Endangered Species Act of 1973.
(c) Calculation of Reverse Flow in OMR.--Within 90 days of
the enactment of this title, the Secretary of the Interior is
directed, in consultation with the California Department of
Water Resources to revise the method used to calculate
reverse flow in Old and Middle Rivers, for implementation of
the reasonable and prudent alternatives in the smelt
biological opinion and the salmonid biological opinion, and
any succeeding biological opinions, for the purpose of
increasing Central Valley Project and State Water Project
water supplies. The method of calculating reverse flow in Old
and Middle Rivers shall be reevaluated not less than every
five years thereafter to achieve maximum export pumping rates
within limits established by the smelt biological opinion,
the salmonid biological opinion, and any succeeding
biological opinions.
temporary operational flexibility for first few storms of the water
year
Sec. 448. (a) In General.--Consistent with avoiding an
immediate significant negative impact on the long-term
survival upon listed fish species over and above the range of
impacts authorized under the Endangered Species Act of 1973
and other environmental protections under subsection (d), the
Secretary of the Interior and the Secretary of Commerce shall
authorize the Central Valley Project and the California State
Water Project, combined, to operate at levels that result in
negative OMR flows at -7,500 cubic feet per second (based on
United States Geological Survey gauges on Old and Middle
Rivers) daily average as described in subsections (b) and (c)
to capture peak flows during storm events.
(b) Days of Temporary Operational Flexibility.--The
temporary operational flexibility described in subsection (a)
shall be authorized on days that the California Department of
Water Resources determines the net Sacramento-San Joaquin
River Delta outflow index is at, or above, 13,000 cubic feet
per second.
(c) Compliance With Endangered Species Act
Authorizations.--In carrying out this section, the Secretary
of the Interior and the Secretary of Commerce may continue to
impose any requirements under the smelt biological opinion
and salmonid biological opinion during any period of
temporary operational flexibility as they determine are
reasonably necessary to avoid additional significant negative
impacts on the long-term survival of a listed fish species
over and above the range of impacts authorized under the
Endangered Species Act of 1973, provided that the
requirements imposed do not reduce water supplies available
for the Central Valley Project and the California State Water
Project.
[[Page H4744]]
(d) Other Environmental Protections.--
(1) State law.--The actions of the Secretary of the
Interior and the Secretary of Commerce under this section
shall be consistent with applicable regulatory requirements
under State law. The foregoing does not constitute a waiver
of sovereign immunity.
(2) First sediment flush.--During the first flush of
sediment out of the Sacramento-San Joaquin River Delta in
each water year, and provided that such determination is
based upon objective evidence, OMR flow may be managed at
rates less negative than -5,000 cubic feet per second for a
minimum duration to avoid movement of adult Delta smelt
(Hypomesus transpacificus) to areas in the southern
Sacramento-San Joaquin River Delta that would be likely to
increase entrainment at Central Valley Project and California
State Water Project pumping plants.
(3) Applicability of opinion.--This section shall not
affect the application of the salmonid biological opinion
from April 1 to May 31, unless the Secretary of Commerce
finds, based on the best scientific and commercial data
available, that some or all of such applicable requirements
may be adjusted during this time period to provide emergency
water supply relief without resulting in additional adverse
effects over and above the range of impacts authorized under
the Endangered Species Act of 1973. In addition to any other
actions to benefit water supply, the Secretary of the
Interior and the Secretary of Commerce shall consider
allowing through-Delta water transfers to occur during this
period if they can be accomplished consistent with section
3405(a)(1)(H) of the Central Valley Project Improvement Act.
Water transfers solely or exclusively through the California
State Water Project that do not require any use of
Reclamation facilities or approval by Reclamation are not
required to be consistent with section 3405(a)(1)(H) of the
Central Valley Project Improvement Act.
(4) Monitoring.--During operations under this section, the
Commissioner of Reclamation, in coordination with the United
States Fish and Wildlife Service, National Marine Fisheries
Service, and California Department of Fish and Wildlife,
shall undertake expanded monitoring programs and other data
gathering to improve Central Valley Project and California
State Water Project water supplies, to ensure incidental take
levels are not exceeded, and to identify potential negative
impacts, if any, and actions necessary to mitigate impacts of
the temporary operational flexibility to species listed under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(e) Effect of High Outflows.--In recognition of the high
outflow levels from the Sacramento-San Joaquin River Delta
during the days this section is in effect under subsection
(b), the Secretary of the Interior and the Secretary of
Commerce shall not count such days toward the 5-day and 14-
day running averages of tidally filtered daily Old and Middle
River flow requirements under the smelt biological opinion
and salmonid biological opinion, as long as the Secretaries
avoid significant negative impact on the long-term survival
of listed fish species over and above the range of impacts
authorized under the Endangered Species Act of 1973.
(f) Level of Detail Required for Analysis.--In articulating
the determinations required under this section, the Secretary
of the Interior and the Secretary of Commerce shall fully
satisfy the requirements herein but shall not be expected to
provide a greater level of supporting detail for the analysis
than feasible to provide within the short timeframe permitted
for timely decision making in response to changing conditions
in the Sacramento-San Joaquin River Delta.
(g) OMR Flows.--The Secretary of the Interior and the
Secretary of Commerce shall, through the adaptive management
provisions in the salmonid biological opinion, limit OMR
reverse flow to -5,000 cubic feet per second based on date-
certain triggers in the salmonid biological opinions only if
using real-time migration information on salmonids
demonstrates that such action is necessary to avoid a
significant negative impact on the long-term survival of
listed fish species over and above the range of impacts
authorized under the Endangered Species Act of 1973.
(h) No Reinitiation of Consultation.--In implementing or at
the conclusion of actions under this section, the Secretary
of the Interior shall not reinitiate consultation on those
adjusted operations if there is no immediate significant
negative impact on the long-term survival of listed fish
species over and above the range of impacts authorized under
the Endangered Species Act of 1973. Any action taken under
this section that does not create an immediate significant
negative impact on the long-term survival of listed fish
species over and above the range of impacts authorized under
the Endangered Species Act of 1973 will not alter application
of the take permitted by the incidental take statement in
those biological opinions under section 7(o)(2) of the
Endangered Species Act of 1973.
state water project offset and water rights protections
Sec. 449. (a) Offset for State Water Project.--
(1) Implementation impacts.--The Secretary of the Interior
shall confer with the California Department of Fish and
Wildlife in connection with the implementation of this
section on potential impacts to any consistency determination
for operations of the State Water Project issued pursuant to
California Fish and Game Code section 2080.1.
(2) Additional yield.--If, as a result of the application
of this section, the California Department of Fish and
Wildlife--
(A) determines that operations of the State Water Project
are inconsistent with the consistency determinations issued
pursuant to California Fish and Game Code section 2080.1 for
operations of the State Water Project; or
(B) requires take authorization under California Fish and
Game Code section 2081 for operation of the State Water
Project in a manner that directly or indirectly results in
reduced water supply to the State Water Project as compared
with the water supply available under the smelt biological
opinion and the salmonid biological opinion; and as a result,
Central Valley Project yield is greater than it otherwise
would have been, then that additional yield shall be made
available to the State Water Project for delivery to State
Water Project contractors to offset that reduced water
supply.
(3) Notification related to environmental protections.--The
Secretary of the Interior and Secretary of Commerce shall--
(A) notify the Director of the California Department of
Fish and Wildlife regarding any changes in the manner in
which the smelt biological opinion or the salmonid biological
opinion is implemented; and
(B) confirm that those changes are consistent with the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(b) Area of Origin and Water Rights Protections.--
(1) In general.--The Secretary of the Interior and the
Secretary of Commerce, in carrying out the mandates of this
section, shall take no action that--
(A) diminishes, impairs, or otherwise affects in any manner
any area of origin, watershed of origin, county of origin, or
any other water rights protection, including rights to water
appropriated before December 19, 1914, provided under State
law;
(B) limits, expands or otherwise affects the application of
section 10505, 10505.5, 11128, 11460, 11461, 11462, 11463 or
12200 through 12220 of the California Water Code or any other
provision of State water rights law, without respect to
whether such a provision is specifically referred to in this
section; or
(C) diminishes, impairs, or otherwise affects in any manner
any water rights or water rights priorities under applicable
law.
(2) Section 7 of the endangered species act.--Any action
proposed to be undertaken by the Secretary of the Interior
and the Secretary of Commerce pursuant to both this section
and section 7 of the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) shall be undertaken in a manner that
does not alter water rights or water rights priorities
established by California law or it shall not be undertaken
at all. Nothing in this subsection affects the obligations of
the Secretary of the Interior and the Secretary of Commerce
under section 7 of the Endangered Species Act of 1973.
(3) Effect of act.--
(A) Nothing in this section affects or modifies any
obligation of the Secretary of the Interior under section 8
of the Act of June 17, 1902 (32 Stat. 390, chapter 1093).
(B) Nothing in this section diminishes, impairs, or
otherwise affects in any manner any Project purposes or
priorities for the allocation, delivery or use of water under
applicable law, including the Project purposes and priorities
established under section 3402 and section 3406 of the
Central Valley Project Improvement Act (Public Law 102-575;
106 Stat. 4706).
(c) No Redirected Adverse Impacts.--
(1) In general.--The Secretary of the Interior and
Secretary of Commerce shall not carry out any specific action
authorized under this section that will directly or through
State agency action indirectly result in the involuntary
reduction of water supply to an individual, district, or
agency that has in effect a contract for water with the State
Water Project or the Central Valley Project, including
Settlement and Exchange contracts, refuge contracts, and
Friant Division contracts, as compared to the water supply
that would be provided in the absence of action under this
section, and nothing in this section is intended to modify,
amend or affect any of the rights and obligations of the
parties to such contracts.
(2) Action on determination.--If, after exploring all
options, the Secretary of the Interior or the Secretary of
Commerce makes a final determination that a proposed action
under this section cannot be carried out in accordance with
paragraph (1), that Secretary--
(A) shall document that determination in writing for that
action, including a statement of the facts relied on, and an
explanation of the basis, for the decision;
(B) may exercise the Secretary's existing authority,
including authority to undertake the drought-related actions
otherwise addressed in this title, or to otherwise comply
with other applicable law, including the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.); and
(C) shall comply with subsection (a).
(d) Allocations for Sacramento Valley Water Service
Contractors.--
(1) Definitions.--In this subsection:
(A) Existing central valley project agricultural water
service contractor within the sacramento river watershed.--
The term ``existing Central Valley Project agricultural water
service contractor within the Sacramento River Watershed''
means
[[Page H4745]]
any water service contractor within the Shasta, Trinity, or
Sacramento River division of the Central Valley Project that
has in effect a water service contract on the date of
enactment of this section that provides water for irrigation.
(B) Year terms.--The terms ``Above Normal'', ``Below
Normal'', ``Dry'', and ``Wet'', with respect to a year, have
the meanings given those terms in the Sacramento Valley Water
Year Type (40-30-30) Index.
(2) Allocations of water.--
(A) Allocations.--Subject to subsection (c), the Secretary
of the Interior shall make every reasonable effort in the
operation of the Central Valley Project to allocate water
provided for irrigation purposes to each existing Central
Valley Project agricultural water service contractor within
the Sacramento River Watershed in accordance with the
following:
(i) Not less than 100 percent of the contract quantity of
the existing Central Valley Project agricultural water
service contractor within the Sacramento River Watershed in a
``Wet'' year.
(ii) Not less than 100 percent of the contract quantity of
the existing Central Valley Project agricultural water
service Contractor within the Sacramento River Watershed in
an ``Above Normal'' year.
(iii) Not less than 100 percent of the contract quantity of
the existing Central Valley Project agricultural water
service contractor within the Sacramento River Watershed in a
``Below Normal'' year that is preceded by an ``Above Normal''
or ``Wet'' year.
(iv) Not less than 50 percent of the contract quantity of
the existing Central Valley Project agricultural water
service contractor within the Sacramento River Watershed in a
``Dry'' year that is preceded by a ``Below Normal'', ``Above
Normal'', or ``Wet'' year.
(v) Subject to clause (ii), in any other year not
identified in any of clauses (i) through (iv), not less than
twice the allocation percentage to south-of-Delta Central
Valley Project agricultural water service contractors, up to
100 percent.
(B) Effect of clause.--Nothing in clause (A)(v) precludes
an allocation to an existing Central Valley Project
agricultural water service contractor within the Sacramento
River Watershed that is greater than twice the allocation
percentage to a south-of-Delta Central Valley Project
agricultural water service contractor.
(3) Protection of environment, municipal and industrial
supplies, and other contractors.--
(A) Environment.--Nothing in paragraph (2) shall adversely
affect--
(i) the cold water pool behind Shasta Dam;
(ii) the obligation of the Secretary of the Interior to
make water available to managed wetlands pursuant to section
3406(d) of the Central Valley Project Improvement Act (Public
Law 102-575; 106 Stat. 4722); or
(iii) any obligation--
(I) of the Secretary of the Interior and the Secretary of
Commerce under the smelt biological opinion, the salmonid
biological opinion, or any other applicable biological
opinion; or
(II) under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) or any other applicable law (including
regulations).
(B) Municipal and industrial supplies.--Nothing in
paragraph (2)--
(i) modifies any provision of a water Service contract that
addresses municipal or industrial water shortage policies of
the Secretary of the Interior and the Secretary of Commerce;
(ii) affects or limits the authority of the Secretary of
the Interior and the Secretary of Commerce to adopt or modify
municipal and industrial water shortage policies;
(iii) affects or limits the authority of the Secretary of
the Interior and the Secretary of Commerce to implement a
municipal or industrial water shortage policy;
(iv) constrains, governs, or affects, directly or
indirectly, the operations of the American River division of
the Central Valley Project or any deliveries from that
division or a unit or facility of that division; or
(v) affects any allocation to a Central Valley Project
municipal or industrial water service contractor by
increasing or decreasing allocations to the contractor, as
compared to the allocation the contractor would have received
absent paragraph (2).
(C) Other contractors.--Nothing in subsection (b)--
(i) affects the priority of any individual or entity with
Sacramento River water rights, including an individual or
entity with a Sacramento River settlement contract, that has
priority to the diversion and use of Sacramento River water
over water rights held by the United States for operations of
the Central Valley Project;
(ii) affects the obligation of the United States to make a
substitute supply of water available to the San Joaquin River
exchange contractors;
(iii) affects the allocation of water to Friant division
contractors of the Central Valley Project;
(iv) results in the involuntary reduction in contract water
allocations to individuals or entities with contracts to
receive water from the Friant division; or
(v) authorizes any actions inconsistent with State water
rights law.
Sec. 450. None of the funds in this Act shall be available
to implement the Stipulation of Settlement (Natural Resources
Defense Council, et al. v. Kirk Rodgers, et al., Eastern
District of California, No. Civ. 9 S-88-1658 LKK/GGH) or
subtitle A of title X of Public Law 111-11.
Sec. 451. None of the funds in this Act shall be available
for the purchase of water in the State of California to
supplement instream flow within a river basin that has
suffered a drought within the last two years.
Sec. 452. The Commissioner of Reclamation is directed to
work with local water and irrigation districts in the
Stanislaus River Basin to ascertain the water storage made
available by the Draft Plan of Operations in New Melones
Reservoir (DRPO) for water conservation programs, conjunctive
use projects, water transfers, rescheduled project water and
other projects to maximize water storage and ensure the
beneficial use of the water resources in the Stanislaus River
Basin. All such programs and projects shall be implemented
according to all applicable laws and regulations. The source
of water for any such storage program at New Melones
Reservoir shall be made available under a valid water right,
consistent with the State water transfer guidelines and any
other applicable State water law. The Commissioner shall
inform the Congress within 18 months setting forth the amount
of storage made available by the DRPO that has been put to
use under this program, including proposals received by the
Commissioner from interested parties for the purpose of this
section.
Sec. 453. None of the funds made available by this Act may
be used to make a Presidential declaration by public
proclamation of a national monument under chapter 3203 of
title 54, United States Code in the counties of Coconino,
Maricopa, Mohave and Yavapai in the State of Arizona, in the
counties of Modoc and Siskiyou in the State of California, in
the counties of Chaffee, Conejos, Dolores, Moffat, Montezuma,
and Park in the State of Colorado, in the counties of Carson
City, Churchill, Clark, Douglas, Elko, Eureka, Humboldt,
Lander, Lincoln, Lyon, Nye, Pershing, Storey and Washoe in
the State of Nevada, in the county of Otero in the State of
New Mexico, in the counties of Jackson, Josephine and,
Malheur in the State of Oregon, in the counties of Beaver,
Carbon, Duchesne, Emery, Garfield, Iron, Juab, Kane, Millard,
Piute, San Juan, Sanpete, Sevier, Tooele, Uintah, Washington,
and Wayne in the State of Utah, or in the county of Penobscot
in the State of Maine.
spending reduction account
Sec. 454. The amount by which the applicable allocation of
new budget authority made by the Committee on Appropriations
of the House of Representatives under section 302(b) of the
Congressional Budget Act of 1974 exceeds the amount of
proposed new budget authority is $0.
The CHAIR. Are there any points of order against that portion of the
bill?
Point of Order
Mr. BISHOP of Utah. Mr. Chairman, I raise a point of order against
section 128--that is, page 71, lines 19 through 25--of an otherwise
excellent H.R. 5538 for failure to comply with clause 2 of rule XXI.
This provision proposes to construe existing law by approving after the
fact certain actions of the Secretary of the Interior found to violate
section 5 of the Indian Reorganization Act of 1939 by the Supreme Court
in the case of Carcieri v. Salazar. That case held that lands taken
into trust by the Secretary of the Interior for tribes that were not
federally recognized on June 18, 1934, were invalid.
This constitutes legislation on an appropriations bill in violation
of clause 2 of rule XXI. I ask for a ruling from the Chair.
The CHAIR. Does any other Member wish to be heard on the point of
order?
The Chair recognizes the gentlewoman from Minnesota.
Ms. McCOLLUM. Mr. Chairman, if I could ask Chairman Bishop to a
question, I just want to be clear. Is the chairman planning on moving
the Carcieri language that has been in his committee for quite a while?
The CHAIR. The gentlewoman may argue on the point of order only.
Ms. McCOLLUM. Oh, I am sorry. Thank you.
The CHAIR. Does any other Member wish to be heard on the point of
order?
The Chair is prepared to rule.
The Chair finds that this provision construes existing law by deeming
specified lands to be trust land. The provision, therefore, constitutes
legislation in violation of clause 2 of rule XXI.
The point of order is sustained, and the provision is stricken from
the bill.
No amendment to the bill shall be in order except those printed in
House Report 114-683, amendments en bloc described in section 3 of
House Resolution 820, and pro forma amendments described in section 4
of that resolution.
Each amendment printed in the report shall be considered only in the
order printed in the report, may be offered only by a Member designated
in
[[Page H4746]]
the report, shall be considered as read, shall be debatable for the
time specified in the report equally divided and controlled by the
proponent and an opponent, shall not be subject to amendment except as
provided by section 4 of House Resolution 820, and shall not be subject
to a demand for division of the question.
It shall be in order at any time for the chair of the Committee on
Appropriations or his designee to offer amendments en bloc consisting
of amendments printed in the report not earlier disposed of. Amendments
en bloc shall be considered as read, shall be debatable for 20 minutes
equally divided and controlled by the chair and ranking minority member
of the Committee on Appropriations or their respective designees, shall
not be subject to amendment except as provided by section 4 of House
Resolution 820, and shall not be subject to a demand for division of
the question.
During consideration of the bill for amendment, the chair and ranking
minority member of the Committee on Appropriations or their respective
designees may offer up to 10 pro forma amendments each at any point for
the purpose of debate.
Amendment No. 1 Offered by Ms. Castor of Florida
The CHAIR. It is now in order to consider amendment No. 1 printed in
House Report 114-683.
Ms. CASTOR of Florida. Mr. Chairman, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 8, line 22, after the dollar amount insert
``(increased by $2,434,000)''.
Page 38, line 20, after the dollar amount insert ``(reduced
by $2,434,000)''.
The CHAIR. Pursuant to House Resolution 820, the gentlewoman from
Florida (Ms. Castor) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from Florida.
Ms. CASTOR of Florida. Mr. Chairman, my amendment increases the law
enforcement budget for America's national wildlife refuges by $2.4
million to match the President's budget request. The plus-up would be
fully offset from the account relating to the Office of the Secretary.
Mr. Chairman, America's national wildlife refuges encompass millions
and millions of acres of public conservation lands and waters that
provide endless opportunities for families to fish and enjoy the great
outdoors. Our wildlife refuges are extremely popular, with over 48
million visitors annually, but many folks do not know they are
suffering from a serious shortfall in law enforcement protection.
In May of 2015, the International Association of Chiefs of Police
recommended substantial increases to law enforcement resources for our
national wildlife refuges. The report detailed the urgent need for
officers to counter nefarious activities like drug production and
smuggling, wildlife poaching, illegal border activity, assaults, and a
variety of natural resource violations.
This is consistent with what I hear at home in the Tampa Bay area. I
represent the Egmont Key National Wildlife Refuge. It is part of a
massive 30,000-acre national wildlife refuge complex, the
Chassahowitzka on the west coast of Florida along the Gulf of Mexico.
That 30,000 acres has two law enforcement officers assigned to it, and
this is a busy, busy tourist area. People really enjoy the wildlife
refuges, but they are really suffering from a lot of nefarious
activities.
We need these additional funds, and with the additional funds, the
Service should prioritize hiring additional Federal wildlife officers
to serve the urban refuges and obtain equipment that is necessary to
protect the resources and protect the visitors.
In 2014, Service Federal wildlife officers managed over 42,000
service-related incidents, crimes, and request for services. That was a
20 percent increase from 2013, which included rapes, robberies,
kidnappings, assaults, burglaries, larcenies, motor vehicle thefts,
natural resource violations, timber thefts, arsons, trespassing,
poaching, hunting and fishing violations, undocumented person
apprehensions. In 2015, there were over 306 serious incidents reported,
a 6 percent increase over the previous year.
My home State of Florida is blessed with beautiful bays and rivers
and coastline. We have the most wildlife refuges in the country, with
29, including the three in Tampa Bay: The beautiful Egmont Key Wildlife
Refuge, Pinellas, and Passage Key. These are areas we have to protect,
and we have to protect the visitors that enjoy our wildlife refuges.
The number of visitors is increasing every year, and we can't ignore
the shortage of law enforcement officers anymore. This is an ongoing
shortage that must be addressed. I urge my colleagues to address this
important public safety issue and adopt the Castor amendment.
I yield 1 minute to the gentlewoman from Minnesota (Ms. McCollum).
Ms. McCOLLUM. Mr. Chairman, I rise in support of Ms. Castor's
amendment.
This amendment seeks additional funding for the refuge law
enforcement, which we saw here the national wildlife refuge highlight
the need for adequate law enforcement to protect our national wildlife
refuge.
This amendment will also ensure that refuge law enforcement, along
with others in the Interior bill who provide law enforcement, will make
sure that our visitors and our public employees and our natural
resources all remain safe, and especially that these men and women can
come home to their loved ones at the end of their shift.
I urge my colleagues to support this amendment.
Mr. CALVERT. Mr. Chairman, I rise in opposition to the amendment.
The CHAIR. The gentleman from California is recognized for 5 minutes.
Mr. CALVERT. Mr. Chairman, I recognize and support the need for a
right size law enforcement presence wherever people visit Federal
lands, but this amendment would implement the budget request to hire 16
more Federal wildlife fire officers primarily in urban areas.
Urban areas already have a strong local law enforcement presence, so
the Federal Government should first look to contract with local law
enforcement before deciding to hire more Federal officers. Furthermore,
of all the law enforcement responsibilities covered in this bill, the
biggest gap exists on Indian reservations, where 911 response times are
often measured in hours and days instead of minutes.
Before we pull more money out of the account that pays unsung civil
servants to carry out the most fundamental functions of the department,
let's make sure we are putting the dollars where they are needed the
most. I encourage the rest of my colleagues to oppose the amendment.
Mr. Chairman, I reserve the balance of my time.
Ms. CASTOR of Florida. Mr. Chairman, I appreciate Chairman Calvert's
comments, but I can speak from personal experience. Our local law
enforcement officers are overworked and often not equipped to handle
the concerns on our national wildlife refuges. This is a Federal
responsibility, to protect these conservation lands, to protect the
visitors who are hunting and fishing who are sometimes disturbing
natural resource areas.
I mean, look at that list. It is really surprising: rapes and
robberies and kidnappings and assaults. We can do better than this. We
have to do everything we can to keep our neighbors safe at home and to
protect our natural lands.
I urge adoption of the Castor amendment so that we can address this
important public safety issue.
Mr. Chairman, I yield back the balance of my time.
Mr. CALVERT. Mr. Chairman, I oppose the amendment, and I yield back
the balance of my time.
The CHAIR. The question is on the amendment offered by the
gentlewoman from Florida (Ms. Castor).
The question was taken; and the Chair announced that the noes
appeared to have it.
Ms. CASTOR. Mr. Chairman, I demand a recorded vote.
The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on
the amendment offered by the gentlewoman from Florida will be
postponed.
Mr. CALVERT. Mr. Chairman, I move to strike the last word.
The CHAIR. The gentleman from California is recognized for 5 minutes.
Mr. CALVERT. Mr. Chairman, I yield to the gentleman from Oklahoma
(Mr.
[[Page H4747]]
Cole), a valued member of our Interior Subcommittee, for the purpose of
a colloquy.
Mr. COLE. Mr. Chairman, I thank the gentleman for yielding.
I would like to thank the chairman for his extraordinary work on this
legislation. Furthermore, both he and Chairman Bishop of the Committee
on Natural Resources have graciously tried to resolve a matter of great
significance to Indian Country.
Beginning in the late 16th century, the size of so-called Indian
Country, in what later became the United States, has steadily
diminished. To reverse this trend, in 1934 Congress passed a law which
allowed the Federal Government to take land into trust for the benefit
of Indian tribes. Interior has done so for the past 82 years.
Interior's ability to take land into trust for all tribes was
questioned in 2009 following the Supreme Court's opinion in the
Carcieri v. Salazar decision. The Carcieri opinion cast doubt on
whether Interior has the ability to take land into trust for the
benefit of tribes if they were not ``under Federal jurisdiction'' in
1934.
Since then, Indian tribes have been threatened by legal challenges to
the status of their trust lands. The possibility of litigation chills
economic and infrastructure development on trust lands.
Together we have worked closely with the House Committee on Natural
Resources on a provision that would have settled any dispute as to the
status of a trust land up to the Carcieri decision of 2009. I come to
the House floor today to express my gratitude for that effort.
{time} 1730
I would like to stress that this provision had nothing to do with
promoting or enhancing the ability of tribes to build and operate a
gaming facility away from reservations or existing land, though, of
course, they have every right to operate on existing lands as long as
they comply with the provisions of the Indian Gaming Regulatory Act of
1988.
In no way is this provision designed to promote off-reservation
gaming. Quite frankly, the overwhelming majority of Indian trust lands
are used to provide essential government services, such as education,
health care, and housing.
Well in advance of the Interior Subcommittee markup, a meeting was
held between myself, Chairman Calvert, Chairman Young, and Chairman
Bishop of the Natural Resources Committee. We believed an agreement had
been reached between the authorizers and the appropriators. However,
further staff discussions revealed that differences still remain. For
that reason, we have decided to table this matter for the time being
and continue working together on a solution amenable to all parties
involved.
I would like to emphasize that both the authorizers and the
appropriators have worked in good faith, and I promise that we will
keep doing so.
Despite the fact that the so-called Cole provision was stricken from
the Interior appropriation bill, I am encouraged with the progress we
have made thus far. There is no easy solution for the Carcieri problem.
But if we keep working at it, I am convinced that we can reach an
agreement that is acceptable to all parties.
Again, I thank the chairman for his work.
Mr. CALVERT. Reclaiming my time, I thank my friend and distinguished
colleague from Oklahoma and the Chickasaw Nation. He has been a true
leader for Indian Country during his tenure on the Appropriations
Committee. I think we can both be proud of the progress we have made,
working together in a nonpartisan way with our friends on the other
side of the aisle.
On the matter of land into trust and the Carcieri decision, I am
grateful for the opportunity to work with you, as well as Chairman
Bishop and Chairman Young of the Natural Resources Committee, to try to
come to an agreement that would affirm land taken into trust before the
Carcieri decision and would improve our understanding of how the
Department of the Interior arrived at decisions to take land into trust
after the Carcieri decision.
It has been over 7 years since the Carcieri decision, and tribal,
municipal, and State governments continue to struggle in the aftermath.
We need to bring clarity and certainty to the matter of land taken into
trust on behalf of our American Indian brothers and sisters.
Mr. Cole, you have my commitment to continue to work with you and the
rest of our colleagues on a solution.
Mr. Chair, I yield back the balance of my time.
Amendment No. 2 Offered by Mr. Cicilline
The CHAIR. It is now in order to consider amendment No. 2 printed in
House Report 114-683.
Mr. CICILLINE. Mr. Chair, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 15, line 13, after the first dollar amount, insert
``(increased by $2,500,000)''.
Page 38, line 20, after the dollar amount, insert
``(reduced by $2,500,000)''.
The CHAIR. Pursuant to House Resolution 820, the gentleman from Rhode
Island (Mr. Cicilline) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Rhode Island.
Mr. CICILLINE. Mr. Chairman, I yield myself such time as I may
consume.
I rise today to offer an amendment which would provide a modest
increase to the operation of the National Park Service account.
This August 25 will mark the 100th anniversary of our National Park
Service. Each year, more than 275 million people visit our national
parks. Our national parks, heritage areas, monuments, and historical
sights occupy more than 84 million acres of land in all 50 States and
are home to more than 1,000 endangered and threatened animal species.
My home State of Rhode Island is home to one of the newest units in
the National Park Service, the Blackstone River Valley National
Historic Park. The Blackstone Valley marks the birthplace of the
American industrial revolution and serves as a monument to the growth
of our Nation. Sites like Old Slater Mill in Pawtucket and the Museum
of Work and Culture in Woonsocket help tell the story of how America
became an economic superpower.
It is essential that our national park system receives the funding
that is necessary to help tell America's story and preserve it for
generations to come.
Being one of the newest units of the park system, Blackstone relies
on long-term partnerships built over several decades in cities and
towns as well as other public and private partnerships to help define
its boundaries and strengthen its economic and cultural impact.
However, it relies on Federal dollars, as well, from the National Park
Service for its operations, including seasonal and year-round staff,
maintenance of its facilities, and ongoing planning for the park's
development.
Unfortunately, this bill has underfunded the account for our national
parks significantly below the budget request for fiscal year 2017. As a
result, the more than 400 units of the National Park Service, including
Blackstone, will be forced to do more with less. This will also be a
step backward for the Blackstone River Valley National Historic Park.
While the budget increase for Blackstone was modest for this year, it
was an essential step forward to continue the momentum needed to allow
the park to continue meeting its potential as a vital part of the New
England landscape and a driver of economic growth in Rhode Island and
Massachusetts.
My amendment makes a modest reduction of $2.5 million from the
departmental operations account for the Department of the Interior,
which receives a funding level in this bill that is more than $470
million above the budget request, and moves it to the operation of the
National Park Service account, which was underfunded by more than $89
million.
This small increase to the Office of National Park Service account
will not be enough to make up for the constraints that the bill places
on our national parks, nor will it, of course, guarantee that
Blackstone will be able to receive all the resources it truly needs.
What it will do is ensure that some additional funds are available that
may help Blackstone continue to
[[Page H4748]]
increase the momentum it has built since its establishment in 2014. The
extra funds this amendment provides will help provide some relief to
our national parks, which provide a critical boost to our economy.
According to the National Parks Conservation Association, every
dollar the Federal Government invests in our national parks generates
$10 in economic activity. Let's continue to support these critical
investments in our national parks, which are the envy of the world. I
urge my colleagues to support my amendment.
Mr. CALVERT. Will the gentleman yield?
Mr. CICILLINE. I yield to the gentleman from California.
Mr. CALVERT. Mr. Chair, I would urge adoption of the gentleman's
amendment.
Mr. CICILLINE. Mr. Chair, I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Rhode Island (Mr. Cicilline).
The amendment was agreed to.
Amendment No. 3 Offered by Mr. Himes
The CHAIR. It is now in order to consider amendment No. 3 printed in
House Report 114-683.
Mr. HIMES. Mr. Chairman, as the designee of the gentleman from
Connecticut (Mr. Courtney), I offer amendment No. 3.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 15, line 13, after the first dollar amount, insert
``(decreased by $300,000)(increased by $300,000)''.
The CHAIR. Pursuant to House Resolution 820, the gentleman from
Connecticut (Mr. Himes) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Connecticut.
Mr. HIMES. Mr. Chairman, I am delighted to offer an amendment that
was authored by my good friend and colleague, Joe Courtney of
Connecticut.
This is an amendment that would provide, on a budget-neutral basis,
$300,000 to the national park system for the New England National
Scenic Trail.
This is something that is very important to us in the region of New
England. It is an environmental treasure that is located in the
backyards of millions of Connecticut and Massachusetts residents. The
trail was officially designated as a National Scenic Trail in 2009, but
has long been enjoyed by all southern New Englanders.
The New England National Scenic Trail winds through 40 communities,
and nearly 2 million people live within 10 miles of it. Starting in
Guilford, Connecticut, just outside my district, on the shores of the
Long Island Sound, the trail winds northward on a ridgeline tracing the
Connecticut River, across the Pioneer Valley highlands in
Massachusetts, and ends at Royalston Falls on the Massachusetts-New
Hampshire border.
This budget-neutral amendment simply ensures that $300,000 within the
operation of the National Park System account will be set aside to fund
the New England National Scenic Trail.
Over a decade ago, the National Park Trail feasibility study
recommended that the New England Trail would need an annual operating
budget of $271,000 in Federal funding; but the trail has,
unfortunately, received an average of less than half that--$127,000
annually, in the NPS operations funding. Of this funding, the National
Park Service takes one-third, leaving only about $43,000 for each State
to manage this 223-mile-long trail, a trail that winds through some of
the most scenic areas of New England and some of the most historic
parts of our country with respect to the Revolutionary War.
The Massachusetts-based Appalachian Mountain Club and the Connecticut
Forest and Park Association have done an outstanding job leveraging the
minimal $127,000 in funding, raising $1.5 million in non-Federal
dollars in 2015 alone.
Mr. Chair, this amendment will ensure stable funding for the New
England Trail and safeguard a high-quality recreational and wilderness
experience for the many thousands of trail users in our small, densely
populated region of the country. I respectfully urge my colleagues to
support this budget-neutral amendment.
Mr. Chair, I reserve the balance of my time.
Mr. CALVERT. Mr. Chair, I rise in opposition to the amendment.
The CHAIR. The gentleman from California is recognized for 5 minutes.
Mr. CALVERT. Mr. Chair, unfortunately, the bill before us already
funds the New England National Scenic Trail at the requested level, so
any additional funds are not necessary at this time. I reluctantly urge
a ``no'' vote on this amendment.
Mr. Chair, I reserve the balance of my time.
Mr. HIMES. Mr. Chair, I yield back the balance of my time.
Mr. CALVERT. Mr. Chair, I request a ``no'' vote.
Mr. Chair, I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Connecticut (Mr. Himes).
The question was taken; and the Chair announced that the noes
appeared to have it.
Mr. HIMES. Mr. Chair, I demand a recorded vote.
The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on
the amendment offered by the gentleman from Connecticut will be
postponed.
Amendment No. 4 Offered by Mr. Griffith
The CHAIR. It is now in order to consider amendment No. 4 printed in
House Report 114-683.
Mr. GRIFFITH. Mr. Chair, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 28, line 3, after the dollar amount insert
``(increased by $15,000,000)''.
Page 28, line 16, after the dollar amount insert
``(increased by $15,000,000)''.
Page 73, line 3, after the dollar amount insert ``(reduced
by $15,000,000)''.
The CHAIR. Pursuant to House Resolution 820, the gentleman from
Virginia (Mr. Griffith) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Virginia.
Mr. GRIFFITH. Mr. Chairman, I yield myself such time as I may
consume.
My amendment provides a modest increase in grant funding to
Appalachian States for the reclamation of abandoned mine lands in
conjunction with economic and community development and reuse goals.
Funding for these reclamation grants was first established last fiscal
year at $90 million, but was provided exclusively to the three
Appalachian States with the greatest amount of unfunded reclamation
needs.
Last year, I offered an amendment to expand this program to the next
three Appalachian States with the greatest unmet needs. As you might
imagine, Virginia is one of those three, with the other two being
Alabama and Ohio. I am encouraged that the underlying bill heeds that
call and expands these grants to do the next three Appalachian States,
but the need is far too great in areas like southwest Virginia, and
much more can be accomplished with a small increase in this program.
My amendment increases the funding level for these grants from $90
million to $105 million, with that additional funding dedicated to
setting a more balanced distribution of funds among Appalachian States.
This additional funding is needed to really get in and do some work to
help these Appalachian coal communities that have been economically
devastated, while at the same time helping reduce the environmental
impact of unreclaimed mine lands.
My office has worked closely with the House Interior Appropriations
Committee staff on this amendment language to come to a resolution that
ensures that additional support for one Appalachian community does not
come at the expense of another Appalachian coal community.
This additional support will have a significant impact on economic
development work throughout Appalachia, while being offset by a slight
reduction in the EPA's environmental programs and management account,
totaling only one-half of 1 percent of that account, reducing it from
$2.527 billion to $2.512 billion.
Additionally, I am encouraged that staff at the Congressional Budget
Office have determined that my amendment would result in a reduction of
$6 million in outlays for this fiscal year,
[[Page H4749]]
as the money would be spent out at a slower rate over the coming years
than would have occurred under the EPA's environmental programs and
management account.
This program is an essential tool to help reinvigorate coal
communities throughout Appalachia struggling with restoring and
reclaiming abandoned mine sites in a way that would help put people
back to work. I urge Members to support this amendment and support
these coal communities that are struggling now more than ever.
Mr. Chairman, I reserve the balance of my time.
Ms. McCOLLUM. Mr. Chairman, I rise in opposition to the amendment.
The CHAIR. The gentlewoman from Minnesota is recognized for 5
minutes.
Ms. McCOLLUM. Mr. Chair, I very strongly oppose this amendment. It
takes more money away from an already starved Environmental Protection
Agency. The bill severely cuts the EPA's main operating accounts by $92
million; $92 million this bill already cuts from the EPA's operating
account.
The very air we breathe and the water we drink are endangered by
funding and policy decisions already made in this bill, and their
consequences will be negatively felt in communities all across this
Nation.
Now, I understand that the EPA is an easy target cut for many of my
colleagues across the aisle, but I want my colleagues to understand
what this amendment would cut, if adopted.
The account funds programs that are important to both sides of the
aisle, including permitting for construction projects across the
country, toxics risk prevention, and the very successful brownfields
program, as well as pesticide listing.
I appreciate the gentleman's amendment. It shows support for the
administration's POWER Plus Plan, which is a program it is modeled
after. And I understand that the amendment would direct more funding to
States in Appalachia that, I agree, have suffered under the ravaging
environmental harm caused by coal mining. But unfortunately, I cannot
support a deeper cut to the EPA, and I must oppose the amendment.
Mr. Chair, I yield back the balance of my time.
{time} 1745
Mr. GRIFFITH. Mr. Chairman, I yield to the gentleman from California
(Mr. Calvert).
Mr. CALVERT. Mr. Chairman, I rise in support of the amendment. I
appreciate the work the gentleman from Virginia and his staff put into
crafting an amendment that the committee could support. Any program to
help promote economic development in an area so devastated as the
Appalachia is worthy of our support, so I urge my colleagues to adopt
this amendment.
Mr. GRIFFITH. Mr. Chairman, I would just say that I recognize the
concerns that the opponents to this amendment have; but what we are
trying to do is to take some money, direct it for an environmental
purpose, but also help take the reclaimed mine lands, make them right,
make them so that they are the way they are supposed to be, and have a
purpose that will then allow us to use--whether it be recreational,
whether it be some other form of business, but allow us to use those
lands for economic development in an area where unemployment is now
peaking up over 10 percent, where depopulation is constant and where,
frankly, Mr. Chairman, we can't afford more wait-till-next-year
approaches from Washington, D.C.
I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Virginia (Mr. Griffith).
The amendment was agreed to.
Amendment No. 5 Offered by Mr. Ben Ray Lujan of New Mexico
The CHAIR. It is now in order to consider amendment No. 5 printed in
House Report 114-683.
Mr. BEN RAY LUJAN of New Mexico. Mr. Chairman, I have an amendment at
the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 29, line 12, after the dollar amount, insert
``(decreased by $1,000,000) (increased by $1,000,000)''.
The CHAIR. Pursuant to House Resolution 820, the gentleman from New
Mexico (Mr. Ben Ray Lujan) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from New Mexico.
Mr. BEN RAY LUJAN of New Mexico. Mr. Chairman, if Chairman Calvert
and Ranking Member McCollum are able to commit to work with me on this,
I do plan to withdraw this amendment, and I appreciate the time to be
able to share a few words with everybody about why this amendment is so
important.
I want to say a few words about my amendment and the challenges
facing people in my district in New Mexico. My amendment requires the
Bureau of Indian Affairs to report, identify, and adjudicate to
landowners egress and ingress easements where they do not exist for
landowners on land parcels adjudicated under the Pueblo Lands Act of
1924.
While this sounds like a complex issue, Mr. Chairman, it is a very
simple issue, and one that was created back in 1924 with the Pueblo
Lands Act. This amendment, Mr. Chairman, is the result of an issue that
is specific to the State of New Mexico and the 1924 Pueblo Lands Act.
In 1924, Congress passed the Pueblo Lands Act, which established the
Pueblo Lands Board. This board was tasked with adjudicating land claims
to Pueblo lands, and it took about 6 years, until 1930, for the board
to adjudicate these claims between the Pueblos and non-tribal
landowners.
For the last 80 years, families have been able to buy homes and build
homes, pass land on from one generation to the next. Everything had
been going well until recently, when the Bureau of Indian Affairs
alleged a trespass on some of the county roads, the County of Santa Fe,
which is a local government in the State of New Mexico, that provide
egress and ingress to the non-tribal residents.
Now these residents have been given patents by the United States of
America. That is what the Pueblo Lands Act did, giving the clearest
title to land ownership in the United States of America.
But as a result of the BIA letter, the title insurance companies in
the State of New Mexico began to refuse issuing title insurance. Now,
as we all know, that complicates your ability to buy a home, sell a
home, or even refinance a home so that way you can re-roof a home.
In some instances, some of the families were trying to refinance that
home because of bills that they have incurred for healthcare purposes;
but because they are not able to get title to their home, they are not
able to do so.
Mr. Chairman, these are families who have their entire savings in
their homes, like many of us across America. These are families who
have been saving up to build a home in a community where they grew up,
where their parents grew up, where their grandparents grew up, and now
they are fortunate to have a piece of land there.
I want to share with you a paragraph from a constituent by the name
of Jeff Archuleta that he sent to me. He writes:
``When I grew up and my wife and I started a family of our own, it
was easy for me to decide where I wanted to raise our boys. I was
fortunate enough to obtain an acre of land from my father. I don't know
exactly how long this parcel of land had been in my family, but I can
say that it was listed in the San Idelfonso report of 1929 addressing
land titles between the pueblo and non-pueblo residents. This document
references land that was in non-pueblo private landowner's possession
prior to the Pueblo Lands Act of 1924. Reference is also made to a
Spanish Grant approved by Congress December 22, 1858. At the time of
this report, the land belonged to Demetrio and Catalina Roybal. They
later deeded the land to one of their children, my great uncle Pedro
Roybal, who went on to sell it to my father.''
Mr. Chairman, I worry that we need to address this issue, but that
this dispute is tearing at the fabric of our communities. For more than
2 years now, I have tried to get anyone from the Bureau of Indian
Affairs to provide assistance to me, to provide a way to get this
solved.
I have asked the BIA for the process and any criteria they used to
issue an alleged trespass, and to share their antiquated database with
the public. I
[[Page H4750]]
have asked for maps and historical documents that the BIA considered.
Nothing was produced.
I asked for the chain-of-command that was followed and the BIA's
interpretation and understanding of the Pueblo Lands Act of 1924 and
the actions of the Pueblo Lands Board. Nothing was produced.
I even asked the BIA for information related to mediation services,
Mr. Chairman, because the fabric of these communities are being torn
apart. That is why I felt compelled to offer this amendment.
Mr. Chairman, I yield to the gentleman from California (Mr. Calvert).
Mr. CALVERT. Mr. Chairman, I thank the gentleman for yielding. I am
happy to work with the gentleman and Ms. McCollum in a nonpartisan way
to address the concerns of your constituents.
Mr. BEN RAY LUJAN of New Mexico. Mr. Chairman, I thank the ranking
member who has also encouraged us to find a way to work together.
I also want to thank Chairman Calvert and his staff for being
accommodating so we can sit down and look at this very important issue
that is specific to the State of New Mexico.
I yield to the gentlewoman from Minnesota (Ms. McCollum), the ranking
member.
Ms. McCOLLUM. I look forward to working with the gentleman and with
Chairman Calvert on this issue.
Mr. BEN RAY LUJAN of New Mexico. Mr. Chairman, I thank everyone. I
thank all the staff.
Mr. Chair, I ask unanimous consent to withdraw my amendment.
The CHAIR. Is there objection to the request of the gentleman from
New Mexico?
There was no objection.
The CHAIR. The amendment is withdrawn.
Amendment No. 6 Offered by Mr. Ben Ray Lujan of New Mexico
The CHAIR. It is now in order to consider amendment No. 6 printed in
House Report 114-683.
Mr. BEN RAY LUJAN of New Mexico. Mr. Chairman, I have an amendment at
the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 29, line 12, after the dollar amount, insert
``(decreased by $1,000,000)(increased by $1,000,000)''.
The CHAIR. Pursuant to House Resolution 820, the gentleman from New
Mexico (Mr. Ben Ray Lujan) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from New Mexico.
Mr. BEN RAY LUJAN of New Mexico. Mr. Chairman, this is an amendment
that is related to the previous amendment that I offered. It was
something that I uncovered as I was learning more and more about how to
solve the egress-ingress issue pursuant to the 1924 Pueblo Lands Act.
Chairman Calvert, again, with your commitment, and that of Ranking
Member McCollum, if you are able to work with me on this issue, I plan
to withdraw this amendment.
This amendment sought to reprogram $1 million in the Bureau of Indian
Affairs funding to require the Bureau of Indian Affairs to update and
digitize its inventory of rights-of-way records and to make them
publicly available in a commonly used mapping format.
Unfortunately, the Bureau of Indian Affairs has long failed to
adequately maintain rights-of-way records, and the Bureau is often
unable to provide requested documentation to tribes and other
stakeholders in a timely manner.
For example, when my office asked for information related to the
rights-of-way in New Mexico, the Bureau of Indian Affairs could not
share it with my office in a timely fashion.
And just today, Mr. Chairman, the Pueblo of Zia, a pueblo in the
State of New Mexico, provided me documentation that the Pueblo of Zia
has asked the Bureau of Indian Affairs for a request of specific
rights-of-way information this past February, February 24, 2016, to be
exact. It is now July. The Pueblo of Zia tells me that none of this
information has been provided to the pueblo.
My argument is this, Mr. Chairman. If this information was made
available to the public in a way that the Bureau of Indian Affairs, as
I understand it, should already be making available, this information
should be readily available.
This is simply unacceptable that the information is not being
provided, and especially with the trust responsibilities the Bureau of
Indian Affairs has with tribes as well. Thankfully, I believe there is
a commonsense solution.
In February 2014, the Tribal Transportation Unity Caucus, the
National Congress of American Indians, and the Intertribal
Transportation Association, jointly developed recommendations for a
highway reauthorization, including one to improve the Bureau of Indian
Affairs' rights-of-way management.
They suggested requiring the BIA to update and computerize rights-of-
way documentation and make them available in a commonly used mapping
format. The National Congress of American Indians then passed a
resolution endorsing these recommendations in April of 2014.
Unfortunately, this commonsense provision didn't make it into the
highway bill, which is why I am offering the amendment today.
Too often, the BIA's mismanagement of these records disrupts and
slows down projects that are important to tribes and surrounding
communities while creating unnecessary conflict.
Mr. Chairman, if we can map the human genome, then surely the BIA can
map a few roads, manage its rights-of-way records, and build an
accessible, public database to provide certainty to tribes, local
governments, and State governments, and other stakeholders.
Mr. Chairman, I yield to the gentleman from California (Mr. Calvert).
Mr. CALVERT. Mr. Chairman, again, I am happy to work with the
gentleman and Ms. McCollum in a nonpartisan way to address these
issues, and I look forward to working with him to resolve this for his
constituents.
Mr. BEN RAY LUJAN of New Mexico. I thank Chairman Calvert again for
his leadership and for his staff again. I appreciate the time to work
together. And, again, Ranking Member McCollum, to you and the minority
staff, thank you for all that you do.
Mr. Chairman, I ask unanimous consent to withdraw the amendment.
The CHAIR. Is there objection to the request of the gentleman from
New Mexico?
There was no objection.
The CHAIR. The amendment is withdrawn.
The Chair understands that amendment No. 7 will not be offered.
The Committee will rise informally.
The Speaker pro tempore (Mr. Rice of South Carolina) assumed the
chair.
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