[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.

                              {time}  1637


                     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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[[Page H4720]]

  

  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.

                              {time}  1645

  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

[[Page H4721]]

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.

                              {time}  1700

  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

[[Page H4722]]

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.

                          ____________________