[Congressional Record Volume 165, Number 6 (Friday, January 11, 2019)]
[House]
[Pages H469-H498]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2019
Ms. McCOLLUM. Madam Speaker, pursuant to House Resolution 28, I call
up the bill (H.R. 266) making appropriations for the Department of the
Interior, environment, and related agencies for the fiscal year ending
September 30, 2019, and for other purposes, and ask for its immediate
consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 28, the bill is
considered read.
The text of the bill is as follows:
H.R. 266
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, 2019, 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)), $1,196,143,000, 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:
Provided, That of the amounts made available under this
heading, $2,000,000 shall be made available to carry out the
Colorado River Basin salinity control program.
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
2019, so as to result in a final appropriation estimated at
not more than $1,196,143,000, 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, $26,016,000, 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; $106,543,000, 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. 2605).
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
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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.
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, $1,292,067,000, to remain available until
September 30, 2020: Provided, That not to exceed $17,818,000
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)).
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; $50,413,000, 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, $45,189,000, to be
derived from the Land and Water Conservation Fund and to
remain available until expended: 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), $49,495,000,
to remain available until expended, of which $18,695,000 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.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $13,228,000.
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.), $43,000,000, 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.), $12,061,000, 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, $65,571,000, to remain
available until expended: Provided, That of the amount
provided herein, $4,209,000 is for a competitive grant
program for Indian tribes not subject to the remaining
provisions of this appropriation: Provided further, That
$6,362,000 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
$10,571,000 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 2019 to any State, territory, or other
jurisdiction that remains unobligated as of September 30,
2020, shall be reapportioned, together with funds
appropriated in 2021, 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.
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, $2,500,369,000, of which
$10,032,000 for planning and interagency coordination in
support of Everglades restoration and $141,961,000 for
maintenance, repair, or rehabilitation projects for
constructed assets and $149,075,000 for cyclic maintenance
projects for constructed assets shall remain available until
September 30, 2020: Provided, That funds appropriated under
this heading in this Act are available for the purposes of
section 5 of Public Law 95-348: Provided further, That
notwithstanding section 9(a) of the United
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States Semiquincentennial Commission Act of 2016 (Public Law
114-196; 130 Stat. 691), $500,000 of the funds made available
under this heading shall be provided to the organization
selected under section 9(b) of that Act for expenditure by
the United States Semiquincentennial Commission in accordance
with that Act.
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, $64,138,000.
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), $91,910,000, to be derived
from the Historic Preservation Fund and to remain available
until September 30, 2020: Provided , 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 under-represented, as determined by the Secretary,
$13,000,000 is for competitive grants to preserve the sites
and stories of the Civil Rights movement, $8,000,000 is for
grants to Historically Black Colleges and Universities, and
$5,000,000 is for competitive grants for the restoration of
historic properties of national, State and local significance
listed on or eligible for inclusion on the National Register
of Historic Places, to be made without imposing the usage or
direct grant restrictions of section 101(e)(3) (54 U.S.C.
302904) of the National Historical Preservation Act:
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 non-profit 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,
$364,704,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, for any
project initially funded in fiscal year 2019 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 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, $174,444,000, to be derived from the
Land and Water Conservation Fund and to remain available
until expended, of which $124,006,000 is for the State
assistance program and of which $15,000,000 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, $23,000,000, 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; $1,148,457,000, to
remain available until September 30, 2020; of which $100,000
shall be made available to the United States Geological
Survey Mineral Resources Program for the development of a map
depicting pyrrhotite occurrences throughout the United
States; of which $84,337,000 shall remain available until
expended for satellite operations; and of which $15,164,000
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: Provided further, That of
the amounts made available under this heading, not less than
$200,000 shall be used for activities to better understand
mechanisms that result in toxins being present in harmful
algal blooms.
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,
observation wells, and seismic equipment; 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 and administering
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, $179,266,000, of which $129,450,000
is to remain available until September 30, 2020, and of which
$49,816,000 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 2019 appropriation estimated
at not more than
[[Page H472]]
$129,450,000: 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
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, $145,475,000, of which
$121,351,000 is to remain available until September 30, 2020,
and of which $24,124,000 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 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 2019 appropriation estimated at not more than
$121,351,000.
For an additional amount, $41,765,000, 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 2019, as provided in this Act: Provided, That to
the extent that amounts realized from such inspection fees
exceed $41,765,000, the amounts realized in excess of
$41,765,000 shall be credited to this appropriation and
remain available until expended: Provided further, That for
fiscal year 2019, 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.
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, $12,700,000,
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, $114,900,000, to remain available until September
30, 2020: 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 2019
appropriation estimated at not more than $114,900,000.
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,
$22,952,000, 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, $115,000,000, to remain available until
expended, for grants to States and federally recognized
Indian Tribes for reclamation of abandoned mine lands and
other related activities in accordance with the terms and
conditions in Senate report 115-276: 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, $30,000,000 shall be
distributed in equal amounts to the 3 Appalachian States with
the subsequent greatest amount of unfunded needs to meet such
priorities, and $10,000,000 shall be for grants to federally
recognized Indian Tribes without regard to their status as
certified or uncertified under the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1233(a)), for reclamation
of abandoned mine lands and other related activities in
accordance with the terms and conditions in Senate report
115-276 and 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: Provided further, That such additional amount shall be
allocated to States and Indian Tribes 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.
5301 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.), $2,403,890,000, to remain available
until September 30, 2020, 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
$76,000,000 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 $680,673,000 for school
operations costs of Bureau-funded schools and other education
programs shall become available on July 1, 2019, and shall
remain available until September 30, 2020: Provided further,
That not to exceed $54,174,000 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. 5301 et seq.) and section 1128 of the Education
Amendments of 1978 (25 U.S.C. 2008), not to exceed
$81,036,000 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,
2019: Provided further, That any forestry funds allocated to
a federally recognized tribe which remain unobligated as of
September 30, 2020, may be transferred during fiscal year
2021 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, 2021: 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 2019, such sums
as may be necessary, which shall be available for obligation
through September 30, 2020: 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; $359,419,000, 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,
[[Page H473]]
That any funds provided for the Safety of Dams program
pursuant to the Act of November 2, 1921 (25 U.S.C. 13), shall
be made available on a nonreimbursable basis: Provided
further, That for fiscal year 2019, 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 part 12 of title 43, Code of
Federal Regulations, as the regulatory requirements:
Provided further, That such grants shall not be subject to
section 12.61 of title 43, Code of Federal Regulations; 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
section 1125(b) of title XI of Public Law 95-561 (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 section 5206(f) of
Public Law 100-297 (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 section 5208(e) of Public Law 107-110 (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 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:
Provided further, That of the funds made available under this
heading, $10,000,000 shall be derived from the Indian
Irrigation Fund established by section 3211 of the WIIN Act
(Public Law 114-322; 130 Stat. 1749).
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,
111-291, and 114-322, and for implementation of other land
and water rights settlements, $55,457,000, to remain
available until expended: Provided, That the Secretary shall
make payments in such amounts as necessary to satisfy the
total authorized amount for the Navajo Nation Water Rights
Trust Fund.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans,
$9,279,000, of which $1,252,000 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 $123,565,389.
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 Public Law 87-279 (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, or more than one grade to expand the elementary
grade structure for Bureau-funded schools with a K-2 grade
structure on October 1, 1996. 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
(including transfer of funds)
For necessary expenses for management of the Department of
the Interior and for grants and cooperative agreements, as
authorized by law, $131,673,000, to remain available until
September 30, 2020; 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 $9,000,000 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 $9,704,000 for Indian land, mineral, and
resource valuation activities shall remain available until
expended: Provided, That funds for Indian land, mineral, and
resource valuation activities may, as needed, be transferred
to and merged with the Bureau of Indian Affairs and Bureau of
Indian Education ``Operation of Indian Programs'' account and
the Office of the Special Trustee for American Indians
``Federal Trust Programs'' account: Provided further, That
funds made available through contracts or grants obligated
during fiscal year 2019, as authorized by the Indian Self-
Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall
remain available until expended by the contractor or grantee:
Provided further, That within available amounts provided
under this heading, the Secretary of the Interior shall
designate the rest area bound by Alexandria Avenue, West
Boulevard Drive, and the George Washington Memorial Parkway
on the Mount Vernon Trail within the George Washington
[[Page H474]]
Memorial Parkway as the ``Peter B. Webster III Memorial
Area'' and any reference in a law, map regulation, document,
paper, or other record of the United States to the rest area
shall be deemed to be a reference to the ``Peter B. Webster
III Memorial Area''; Provided further, That the Secretary of
the Interior shall accept and expend private contributions
for the design, procurement, preparation, and installation of
a plaque honoring Peter B. Webster III on the condition that
the Director of the National Park Service shall approve the
design and placement of the plaque: Provided further, That of
the amounts made available under this heading, $400,000 shall
be made available to the commission established by section
3(a) of the Alyce Spotted Bear and Walter Soboleff Commission
on Native Children Act (Public Law 114-244; 130 Stat. 981).
administrative provisions
For fiscal year 2019, up to $400,000 of the payments
authorized by chapter 69 of title 31, United States Code, may
be retained for administrative expenses of the Payments in
Lieu of Taxes Program: Provided, That the amounts provided
under this Act specifically for the Payments in Lieu of Taxes
program are the only amounts available for payments
authorized under chapter 69 of title 31, United States Code:
Provided further, That in the event the sums appropriated for
any fiscal year for payments pursuant to this chapter are
insufficient to make the full payments authorized by that
chapter to all units of local government, then the payment to
each local government shall be made proportionally: Provided
further, That the Secretary may make adjustments to payment
to individual units of local government to correct for prior
overpayments or underpayments: Provided further, That no
payment shall be made pursuant to that chapter to otherwise
eligible units of local government if the computed amount of
the payment is less than $100.
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, $100,688,000, of which: (1) $91,240,000 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, 2020, 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 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, $3,563,000, 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,
$65,674,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$52,486,000.
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, $112,380,000, to remain available until expended, of
which not to exceed $19,016,000 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 2019, as authorized by
the Indian Self-Determination Act of 1975 (25 U.S.C. 5301 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, $1,116,076,000,
to remain available until expended, of which not to exceed
$18,427,000 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
$188,000,000 is for 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
[[Page H475]]
the Interior may enter into procurement contracts, grants, or
cooperative agreements, for fuels management activities, and
for training and monitoring associated with such fuels
management 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 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.
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
54 U.S.C. 100721 et seq., $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, $56,735,000, 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.
office of natural resources revenue
For necessary expenses for management of the collection and
disbursement of royalties, fees, and other mineral revenue
proceeds, and for grants and cooperative agreements, as
authorized by law, $137,505,000, to remain available until
September 30, 2020; of which $41,727,000 shall remain
available until expended for the purpose of mineral revenue
management activities: Provided, That notwithstanding any
other provision of law, $15,000 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.
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, with
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 suppression''
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
[[Page H476]]
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 2019. 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 2019, 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
2019 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.
(c) Fees for drilling rigs shall be assessed for all
inspections completed in fiscal year 2019. Fees for fiscal
year 2019 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 Senate report 115-276.
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.
contracts and agreements with indian affairs
Sec. 111. Notwithstanding any other provision of law,
during fiscal year 2019, 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.
humane transfer of excess animals
Sec. 112. Notwithstanding any other provision of law, the
Secretary of the Interior may transfer excess wild horses or
burros 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; sell or
otherwise transfer the horses or burros in a way that results
in their destruction for processing into commercial products;
or euthanize the horses or burros except upon the
recommendation of a licensed veterinarian, in cases of severe
injury, illness, or advanced age.
department of the interior experienced services program
Sec. 113. (a) Notwithstanding any other provision of law
relating to Federal grants and cooperative agreements, the
Secretary of the Interior is authorized to make grants to, or
enter into cooperative agreements with, private nonprofit
organizations designated by the Secretary of Labor under
title V of the Older Americans Act of 1965 to utilize the
talents of older Americans in programs authorized by other
provisions of law administered by the Secretary and
consistent with such provisions of law.
(b) Prior to awarding any grant or agreement under
subsection (a), the Secretary shall ensure that the agreement
would not--
(1) result in the displacement of individuals currently
employed by the Department, including partial displacement
through reduction of non-overtime hours, wages, or employment
benefits;
(2) result in the use of an individual under the Department
of the Interior Experienced Services Program for a job or
function in a case in which a Federal employee is in a layoff
status from the same or substantially equivalent job within
the Department; or
(3) affect existing contracts for services.
payments in lieu of taxes (pilt)
Sec. 114. Section 6906 of title 31, United States Code, is
amended by striking ``fiscal year 2018'' and inserting
``fiscal year 2019''.
sage-grouse
Sec. 115. None of the funds made available by this or any
other Act may be used by the Secretary of the Interior to
write or issue pursuant to section 4 of the Endangered
Species Act of 1973 (16 U.S.C. 1533)--
(1) a proposed rule for greater sage-grouse (Centrocercus
urophasianus);
(2) a proposed rule for the Columbia basin distinct
population segment of greater sage-grouse.
technical correction
Sec. 116. Division II of Public Law 104-333 (54 U.S.C.
320101 note), as amended by section 116(b)(2) of Public Law
114-113, is amended in each of sections 208, 310, and 607, by
striking ``2017'' and inserting ``2019''.
damage to department of the interior facilities by volcanic eruption
Sec. 117. (a) Not later than 60 days after the date of
enactment of this Act, the Secretary of the Interior shall
submit to Congress a report on each facility and related
infrastructure of the Department of the Interior damaged by a
volcanic eruption covered by a major disaster declared by the
President in calendar year 2018 in accordance with section
401 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170) (referred to in this section
as a ``covered facility'').
(b) The report submitted under subsection (a) shall
include--
(1) an inventory of all covered facilities;
(2) a description of--
(A) any closures of covered facilities; and
(B) the estimated impact on visitorship to covered
facilities open to the public as a result of a volcanic
eruption; and
(3) a plan--
(A) to restore or replace covered facilities; and
(B) to restore visitorship levels to covered facilities
open to the public to historic visitorship levels.
[[Page H477]]
(c) In preparing the plan required under subsection (b)(3),
the Secretary of the Interior shall--
(1) engage the community in which the covered facility is
located, including the State and units of local government;
and
(2) include the estimated costs of carrying out the
activities described in the plan.
Sec. 118. (a) There are appropriated under the heading
``Operation of Indian Programs'' under the heading ``Bureau
of Indian Affairs and Bureau of Indian Education'', in
addition to any other amounts made available under such
heading and in order to provide additional funding for hiring
staff for tribal detention facilities, including addressing
the needs of newly funded tribal detention facilities,
$2,000,000, to remain available until September 30, 2020.
(b) Notwithstanding any other provision of this Act, the
total amount appropriated under the heading ``Working Capital
Fund'' for the Department of the Interior is hereby reduced
by $2,000,000.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
(including rescission of funds)
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,
$717,723,000, to remain available until September 30, 2020:
Provided, That of the funds included under this heading,
$5,000,000 shall be for Research: National Priorities as
specified in Senate report 115-276: Provided further, That
of unobligated balances from appropriations made available
under this heading, $11,250,000 are permanently rescinded:
Provided further, That no amounts may be rescinded pursuant
to the preceding proviso from amounts made available in the
first proviso for Research: National Priorities: Provided
further, That of the amounts made available under this
heading, not less than $5,000,000 shall be used to
investigate health impacts from exposure to harmful algal
blooms and cyanobacteria toxins, and to develop innovative
methods to monitor, characterize, and predict blooms for
early action.
Environmental Programs and Management
(including rescission of funds)
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; implementation of a coal
combustion residual permit program under section 2301 of the
Water and Waste Act of 2016; and not to exceed $9,000 for
official reception and representation expenses,
$2,659,675,000, to remain available until September 30, 2020:
Provided, That of the funds included under this heading,
$15,000,000 shall be for Environmental Protection: National
Priorities as specified in Senate report 115-276: Provided
further, That of the funds included under this heading,
$454,958,000 shall be for Geographic Programs specified in
the tables in the explanatory statement described in section
436 of this Act: Provided further, That of the unobligated
balances from appropriations made available under this
heading, $61,676,000 are permanently rescinded: Provided
further, That no amounts may be rescinded pursuant to the
preceding proviso from amounts made available in the first
proviso for Environmental Protection: National Priorities,
from amounts made available in the second proviso for
Geographic Programs, or from the National Estuary Program (33
U.S.C. 1330).
In addition, $5,000,000 to remain available until expended,
for necessary expenses of activities described in section
26(b)(1) of the Toxic Substances Control Act (15 U.S.C.
2625(b)(1)): Provided, That fees collected pursuant to that
section of that Act and deposited in the ``TSCA Service Fee
Fund'' as discretionary offsetting receipts in fiscal year
2019 shall be retained and used for necessary salaries and
expenses in this appropriation and shall remain available
until expended: Provided further, That the sum herein
appropriated in this paragraph from the general fund for
fiscal year 2019 shall be reduced by the amount of
discretionary offsetting receipts received during fiscal year
2019, so as to result in a final fiscal year 2019
appropriation from the general fund estimated at not more
than $0: Provided further, That to the extent that amounts
realized from such receipts exceed $5,000,000, those amount
in excess of $5,000,000 shall be deposited in the ``TSCA
Service Fee Fund'' as discretionary offsetting receipts in
fiscal year 2019, shall be retained and used for necessary
salaries and expenses in this account, and shall remain
available until expended: Provided further, That of the
funds included in the first paragraph under this heading, the
Chemical Risk Review and Reduction program project shall be
allocated for this fiscal year, excluding the amount of any
fees appropriated, not less than the amount of appropriations
for that program project for fiscal year 2014.
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,
2020.
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) $1,091,947,000, to remain
available until expended, consisting of such sums as are
available in the Trust Fund on September 30, 2018, as
authorized by section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $1,091,947,000
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, $8,718,000 shall be
paid to the ``Office of Inspector General'' appropriation to
remain available until September 30, 2020, and $17,398,000
shall be paid to the ``Science and Technology'' appropriation
to remain available until September 30, 2020.
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, $91,941,000, to remain
available until expended, of which $66,572,000 shall be for
carrying out leaking underground storage tank cleanup
activities authorized by section 9003(h) of the Solid Waste
Disposal Act; $25,369,000 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, $18,209,000, 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, $3,575,041,000, to remain
available until expended, of which--
(1) $1,394,000,000 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
$864,000,000 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 2019, to the extent there are sufficient eligible
project applications and projects are consistent with State
Intended Use Plans, not less than 10 percent of the funds
made available under this title to each State for Clean Water
State Revolving Fund capitalization grants shall be used by
the State for projects to address green infrastructure, water
or energy efficiency improvements, or other environmentally
innovative activities: Provided further, That for fiscal
year 2019, funds made available under this title to each
State 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 2019 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 2019, notwithstanding the provisions of
subsections (g)(1), (h), and (l) of section 201 of the
Federal Water Pollution Control Act, grants made under title
II of such 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
[[Page H478]]
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:
Provided further, That for fiscal year 2019, notwithstanding
the provisions of such subsections (g)(1), (h), and (l) of
section 201 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:
Provided further, That for fiscal year 2019, notwithstanding
any provision of the Federal Water Pollution Control 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 such 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:
Provided further, That for fiscal year 2019, 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 2019, 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
2019, 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 2019,
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 only 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 or if a Federal or State
emergency declaration has been issued due to a threat to
public health from heightened exposure to lead in a municipal
drinking water supply before the date of enactment of this
Act: Provided further, That in a State in which such an
emergency declaration has been issued, the State may use more
than 20 percent of the funds made available under this title
to the State for Drinking Water State Revolving Fund
capitalization grants to provide additional subsidy to
eligible recipients;
(2) $15,000,000 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) $25,000,000 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 by the 1990 and 2000 decennial censuses
and the most recent Small Area Income and Poverty Estimates;
(5) $50,000,000 shall be for grants under title VII,
subtitle G of the Energy Policy Act of 2005;
(6) $50,000,000 shall be for targeted airshed grants in
accordance with the terms and conditions in Senate report
115-276;
(7) $4,000,000 shall be to carry out the water quality
program authorized in section 5004(d) of the Water
Infrastructure Improvements for the Nation Act (Public Law
114-322); and
(8) $1,093,041,000 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; $27,000,000 shall
be for multipurpose grants, including interagency agreements.
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, $5,000,000, 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 $610,000,000.
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,
2020.
Administrative Provisions--Environmental Protection Agency
(including transfers and rescission of funds)
For fiscal year 2019, 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
[[Page H479]]
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 2019.
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.
For fiscal year 2019, 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 Indian tribes pursuant to sections 319(h)
and 518(e) of that Act.
The Administrator is authorized to use the amounts
appropriated under the heading ``Environmental Programs and
Management'' for fiscal year 2019 to provide grants to
implement the Southeastern New England Watershed Restoration
Program.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate fees in accordance with
section 3024 of the Solid Waste Disposal Act (42 U.S.C.
6939g) for fiscal year 2019.
Of the unobligated balances available for the ``State and
Tribal Assistance Grants'' account, $109,078,000 are hereby
permanently rescinded: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress
as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985 or from amounts that were made
available by subsection (a) of section 196 of the Continuing
Appropriations Act, 2017 (division C of Public Law 114-223),
as amended by the Further Continuing and Security Assistance
Appropriations Act, 2017 (Public Law 114-254).
Using funds appropriated under this title, the
Administrator of the Environmental Protection Agency shall
implement the recommendations described in the report of the
Office of Inspector General of the Environmental Protection
Agency entitled ``Management Weakness Delayed Response to
Flint Water Crisis'', numbered 18-P-0221, and dated July 19,
2018, to ensure clean and safe water compliance under the
Safe Drinking Water Act (42 U.S.C. 300f et seq.). If the
Administrator of the Environmental Protection Agency does not
implement 1 or more recommendations required by the preceding
sentence, the Administrator shall submit to the Committees on
Appropriations and Environment and Public Works of the Senate
and the Committees on Appropriations and Energy and Commerce
of the House of Representatives a report explaining why the
Administrator did not implement the recommendation and
identifying specific actions the Administrator is
implementing to address the concerns raised in the report.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
office of the under secretary for natural resources and environment
For necessary expenses of the Office of the Under Secretary
for Natural Resources and Environment, $875,000: Provided,
That funds made available by this Act to any agency in the
Natural Resources and Environment mission area for salaries
and expenses are available to fund up to one administrative
support staff for the office.
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $300,000,000, to remain available through
September 30, 2022, of which not less than $500,000 shall be
made available for wood utilization research to develop woody
and agricultural biomass conversion of low-value woody
biomass using microwave-assisted liquefaction: Provided,
That of the funds provided, $77,000,000 is for the forest
inventory and analysis program: 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.
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,
and conducting an international program as authorized,
$333,990,000, to remain available through September 30, 2022,
as authorized by law; of which $65,490,000 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
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and
utilization of the National Forest System, and for hazardous
fuels management on or adjacent to such lands,
$1,937,653,000, to remain available through September 30,
2022: 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, $368,000,000 shall be for forest
products: Provided further, That of the funds provided,
$435,000,000 shall be for hazardous fuels management
activities, of which not to exceed $15,000,000 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 $20,000,000 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 Forestry 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''
appropriations: Provided further, That notwithstanding
section 33 of the Bankhead Jones Farm Tenant Act (7 U.S.C.
1012), the Secretary of Agriculture, in calculating a fee for
grazing on a National Grassland, may provide a credit of up
to 50 percent of the calculated fee to a Grazing Association
or direct permittee for a conservation practice approved by
the Secretary in advance of the fiscal year in which the cost
of the conservation practice is incurred. And, that the
amount credited shall remain available to the Grazing
Association or the direct permittee, as appropriate, in the
fiscal year in which the credit is made and each fiscal year
thereafter for use on the project for conservation practices
approved by the Secretary.
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $449,000,000, to remain available through
September 30, 2022, 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 funds becoming available
in fiscal year 2019 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.
land acquisition
(including rescission of funds)
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, $74,099,000, to
be derived from the Land and Water Conservation Fund and to
remain available until expended.
Of the unobligated balances from amounts made available for
Land Acquisition and derived from the Land and Water
Conservation Fund, $16,028,000 is hereby permanently
rescinded from projects with cost savings or failed or
partially failed projects that had funds returned: Provided,
That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of
the Cache, Uinta, and
[[Page H480]]
Wasatch National Forests, Utah; the Toiyabe National Forest,
Nevada; and the Angeles, San Bernardino, Sequoia, and
Cleveland National Forests, California; and the Ozark-St.
Francis and Ouachita National Forests, Arkansas; as
authorized by law, $700,000, 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, 2021, (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, 2022, 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, 2022, 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 (16
U.S.C. 3111 et seq.), $2,500,000, to remain available through
September 30, 2022.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
wildland fire suppression on or adjacent to such lands or
other lands under fire protection agreement, and for
emergency rehabilitation of burned-over National Forest
System lands and water, $3,229,620,000, to remain available
through September 30, 2022: 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 any unobligated funds appropriated in a
previous fiscal year for hazardous fuels management may be
transferred to the ``National Forest System'' account:
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 funds provided shall be available for support to Federal
emergency response: 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 funds designated for wildfire suppression,
shall be assessed for cost pools on the same basis as such
assessments are calculated against other agency programs.
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 heading ``Wildland
Fire Management'' will be obligated within 30 days:
Provided, That all funds used pursuant to this paragraph must
be replenished by a supplemental appropriation which must be
requested as promptly as possible.
Not more than $50,000,000 of funds appropriated to the
Forest Service shall be available for expenditure or transfer
to the Department of the Interior for wildland fire
management, hazardous fuels management, and State fire
assistance when such transfers would facilitate and expedite
wildland fire management programs and projects.
Notwithstanding any other provision of this Act, the Forest
Service may transfer unobligated balances of discretionary
funds appropriated to the Forest Service by this Act to or
within the National Forest System Account, or reprogram funds
to be used for the purposes of hazardous fuels management and
urgent rehabilitation of burned-over National Forest System
lands and water, such transferred funds shall remain
available through September 30, 2022: Provided, That none of
the funds transferred pursuant to this section shall be
available for obligation without written notification to and
the prior approval of the Committees on Appropriations of
both Houses of Congress: Provided further, That this section
does not apply to funds appropriated to the FLAME Wildfire
Suppression Reserve Fund or funds derived from the Land and
Water Conservation Fund.
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 Senate report 115-276.
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 (16
U.S.C. 1721 et seq.).
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
funds made available by the Forest Service on at least a one-
for-one basis: 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
[[Page H481]]
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)).
The Forest Service shall not assess funds for the purpose
of performing fire, administrative, and other facilities
maintenance and decommissioning.
Notwithstanding any other provision of law, of 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 matters unrelated to civil
litigation. Future budget justifications for both the Forest
Service and the Department of Agriculture should clearly
display the sums previously transferred and the sums
requested for transfer.
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.
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, $4,072,385,000,
together with payments received during the fiscal year
pursuant to sections 231(b) and 233 of the Public Health
Service Act (42 U.S.C. 238(b), 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 $2,000,000 shall be available for grants or
contracts with public or private institutions to provide
alcohol or drug treatment services to Indians, including
alcohol detoxification services: Provided further, That
$964,819,000 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 $36,000,000 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, $15,000,000 shall remain available until expended
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
$58,000,000 shall be for costs related to or resulting from
accreditation emergencies, of which up to $4,000,000 may be
used to supplement amounts otherwise available for Purchased/
Referred Care: 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 that Act (25 U.S.C. 1616a-1) and shall remain
available until expended and, notwithstanding section 108A(c)
of that 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 that 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 opioid Prevention, Treatment
and Recovery Services, for the Domestic Violence Prevention
Program, for the Zero Suicide Initiative, for the housing
subsidy authority for civilian employees, for aftercare pilot
programs 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 be used for annual
contracts and grants for which the performance period falls
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 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, and from 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 accreditation emergency
funds 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 2019, 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, $877,504,000, 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 of Health and Human Services; uniforms or
allowances therefor as authorized
[[Page H482]]
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. 5321 et seq. (title I), 5381 et seq. (title V)), 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 costs associated with the provision of goods,
services, or technical assistance: Provided further, That
the Indian Health Service may provide to civilian medical
personnel serving in hospitals operated by the Indian Health
Service housing allowances equivalent to those that would be
provided to members of the Commissioned Corps of the United
States Public Health Service serving in similar positions at
such hospitals: 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, $78,349,000.
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: 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 2019,
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, $3,005,000: Provided, That notwithstanding section
202 of the National Environmental Policy Act of 1970, the
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
For necessary expenses of the Office of Navajo and Hopi
Indian Relocation as authorized by Public Law 93-531,
$7,400,000, 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 section 11 of Public Law 93-531 (88
Stat. 1716).
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 part A
of title XV of Public Law 99-498 (20 U.S.C. 4411 et seq.),
$9,960,000, which shall become available on July 1, 2019, and
shall remain available until September 30, 2020.
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,
$739,894,000, to remain available until September 30, 2020,
except as otherwise provided herein; of which not to exceed
$6,917,000 for the instrumentation program, collections
acquisition, exhibition reinstallation, 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.
[[Page H483]]
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,
$303,503,000, 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, $144,202,000,
to remain available until September 30, 2020, 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, $23,000,000, 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, $24,490,000.
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, $16,800,000, 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, $12,000,000, to remain available
until September 30, 2020.
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, $155,000,000
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, $155,000,000 to
remain available until expended, of which $143,700,000 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 $11,300,000 shall be available to
carry out the matching grants program pursuant to section
10(a)(2) of the Act, including $9,100,000 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 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, $2,771,000: 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), $2,750,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665), $6,440,000.
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,
$7,948,000: 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),
$59,500,000, of which $1,715,000 shall remain available until
September 30, 2021, for the Museum's equipment replacement
program; and of which $4,000,000 for the Museum's repair and
rehabilitation program and $1,500,000 for the Museum's
outreach initiatives program shall remain available until
expended.
Dwight d. Eisenhower Memorial Commission
salaries and expenses
For necessary expenses of the Dwight D. Eisenhower Memorial
Commission, $1,800,000, to remain available until expended.
women's suffrage centennial commission
For necessary expenses for the Women's Suffrage Centennial
Commission, as authorized by the Women's Suffrage Centennial
Commission Act (section 431(a)(3) of division G of Public Law
115-31), $1,000,000, to remain available until expended.
world war i centennial commission
salaries and expenses
Notwithstanding section 9 of the World War I Centennial
Commission Act, as authorized by the World War I Centennial
Commission Act (Public Law 112-272) and the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291), for necessary
expenses of the World War I Centennial Commission,
$7,000,000, to remain available until expended: Provided,
That in addition to the authority provided by section 6(g) of
such Act, the World War I Commission may accept money, in-
kind personnel services, contractual support, or any
appropriate support from any executive branch agency for
activities of the Commission.
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.
[[Page H484]]
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.
disclosure of administrative expenses
Sec. 403. The amount and basis of estimated overhead
charges, deductions, reserves or holdbacks, including working
capital fund and cost pool charges, from programs, projects,
activities and subactivities to support government-wide,
departmental, agency, or bureau administrative functions or
headquarters, regional, or central operations shall be
presented in annual budget justifications and subject to
approval by the Committees on Appropriations of the House of
Representatives and the Senate. Changes to such estimates
shall be presented to the Committees on Appropriations for
approval.
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, 2020, 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
2019.
contract support costs, fiscal year 2019 limitation
Sec. 406. Amounts provided by this Act for fiscal year
2019 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 2019
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.
[[Page H485]]
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;
(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.
prohibition on use of funds
Sec. 416. 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. 417. 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.
funding prohibition
Sec. 418. 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.
contracting authorities
Sec. 419. Section 412 of Division E of Public Law 112-74
is amended by striking ``fiscal year 2019'' and inserting
``fiscal year 2020''.
extension of grazing permits
Sec. 420. 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 2019.
funding prohibition
Sec. 421. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network is designed to block access to
pornography websites.
(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.
forest service facility realignment and enhancement act
Sec. 422. Section 503(f) of the Forest Service Facility
Realignment and Enhancement Act of 2005 (16 U.S.C. 580d note;
Public Law 109-54) is amended by striking ``2018'' and
inserting ``2019''.
use of american iron and steel
Sec. 423. (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.
midway island
Sec. 424. None of the funds made available by this Act may
be used to destroy any buildings or structures on Midway
Island that have been recommended by the United States Navy
for inclusion in the National Register of Historic Places (54
U.S.C. 302101).
john f. kennedy center reauthorization
Sec. 425. Section 13 of the John F. Kennedy Center Act (20
U.S.C. 76r) is amended by striking subsections (a) and (b)
and inserting the following:
``(a) Maintenance, Repair, and Security.--There is
authorized to be appropriated to the Board to carry out
section 4(a)(1)(H), $24,490,000 for fiscal year 2019.
``(b) Capital Projects.--There is authorized to be
appropriated to the Board to carry out subparagraphs (F) and
(G) of section 4(a)(1), $16,800,000 for fiscal year 2019.''.
local cooperator training agreements and transfers of excess equipment
and supplies for wildfires
Sec. 426. The Secretary of the Interior is authorized to
enter into grants and cooperative agreements with volunteer
fire departments, rural fire departments, rangeland fire
protection associations, and similar organizations to provide
for wildland fire training and equipment, including supplies
and communication devices. Notwithstanding 121(c) of title
40, United States Code, or section 521 of title 40, United
States Code, the Secretary is further authorized to transfer
title to excess Department of the Interior firefighting
equipment no longer needed to carry out the functions of the
Department's wildland fire management program to such
organizations.
infrastructure
Sec. 427. (a) For an additional amount for ``Environmental
Protection Agency--Hazardous Substance Superfund'',
$43,000,000, of which $38,000,000 shall be for the Superfund
Remedial program and $5,000,000 shall be for the Superfund
Emergency Response and Removal program, to remain available
until expended, consisting of such sums as are available in
the Trust Fund on September 30, 2018, as authorized by
section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $43,000,000 as a
payment from general revenues to the Hazardous Substance
Superfund for purposes as authorized by section 517(b) of
SARA.
(b) For an additional amount for ``Environmental Protection
Agency--State and Tribal Assistance Grants,'' for
environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $670,000,000 to remain
available until expended, of which--
(1) $300,000,000 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
$300,000,000 shall be for making capitalization grants for
the Drinking Water State Revolving Funds under section 1452
of the Safe Drinking Water Act;
(2) $30,000,000 shall be for grants for small and
disadvantaged communities authorized in section 2104 of the
Water Infrastructure Improvements for the Nation Act (Public
Law 114-322);
(3) $25,000,000 shall be for grants for lead testing in
school and child care program drinking water authorized in
section 2107 of the Water Infrastructure Improvements for the
Nation Act (Public Law 114-322);
(4) $15,000,000 shall be for grants for reducing lead in
drinking water authorized in section 2105 of the Water
Infrastructure Improvements for the Nation Act (Public Law
114-322).
(c) For an additional amount for ``Environmental Protection
Agency--Water Infrastructure Finance and Innovation Program
Account'', $53,000,000, to remain available until expended,
for the cost of direct loans, for the cost of guaranteed
loans, and for administrative expenses to carry out the
direct and guaranteed loan programs, of which $3,000,000, to
remain available until September 30, 2020, may be used for
such administrative expenses: Provided, That these
additional funds are available to subsidize gross
[[Page H486]]
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 $6,100,000,000.
policies relating to biomass energy
Sec. 428. To support the key role that forests in the
United States can play in addressing the energy needs of the
United States, the Secretary of Energy, the Secretary of
Agriculture, and the Administrator of the Environmental
Protection Agency shall, consistent with their missions,
jointly--
(1) ensure that Federal policy relating to forest
bioenergy--
(A) is consistent across all Federal departments and
agencies; and
(B) recognizes the full benefits of the use of forest
biomass for energy, conservation, and responsible forest
management; and
(2) establish clear and simple policies for the use of
forest biomass as an energy solution, including policies
that--
(A) reflect the carbon-neutrality of forest bioenergy and
recognize biomass as a renewable energy source, provided the
use of forest biomass for energy production does not cause
conversion of forests to non-forest use;
(B) encourage private investment throughout the forest
biomass supply chain, including in--
(i) working forests;
(ii) harvesting operations;
(iii) forest improvement operations;
(iv) forest bioenergy production;
(v) wood products manufacturing; or
(vi) paper manufacturing;
(C) encourage forest management to improve forest health;
and
(D) recognize State initiatives to produce and use forest
biomass.
clarification of exemptions
Sec. 429. None of the funds made available in 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)).
small remote incinerators
Sec. 430. None of the funds made available in this Act may
be used to implement or enforce the regulation issued on
March 21, 2011 at 40 CFR part 60 subparts CCCC and DDDD with
respect to units in the State of Alaska that are defined as
``small, remote incinerator'' units in those regulations and,
until a subsequent regulation is issued, the Administrator
shall implement the law and regulations in effect prior to
such date.
recreation fees
Sec. 431. Section 810 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6809) shall be applied by
substituting ``October 1, 2020'' for ``September 30, 2019''.
Sec. 432. (a) None of the funds appropriated or otherwise
made available under this Act may be used by the Department
of the Interior, the Environmental Protection Agency, the
Forest Service, the Indian Health Service, or the Smithsonian
Institution to acquire telecommunications equipment produced
by Huawei Technologies Company, ZTE Corporation or a high-
impact or moderate-impact information system, as defined for
security categorization in the National Institute of
Standards and Technology's (NIST) Federal Information
Processing Standard Publication 199, ``Standards for Security
Categorization of Federal Information and Information
Systems'' unless the agency has--
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST to inform
acquisition decisions for high-impact and moderate-impact
information systems within the Federal Government;
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information
provided by the Federal Bureau of Investigation and other
appropriate agencies; and
(3) in consultation with the Federal Bureau of
Investigation or other appropriate Federal entity, conducted
an assessment of any risk of cyber-espionage or sabotage
associated with the acquisition of such system, including any
risk associated with such system being produced,
manufactured, or assembled by one or more entities identified
by the United States Government as posing a cyber threat,
including but not limited to, those that may be owned,
directed, or subsidized by the People's Republic of China,
the Islamic Republic of Iran, the Democratic People's
Republic of Korea, or the Russian Federation.
(b) None of the funds appropriated or otherwise made
available under this Act may be used to acquire a high-impact
or moderate impact information system reviewed and assessed
under subsection (a) unless the head of the assessing entity
described in subsection (a) has--
(1) developed, in consultation with NIST and supply chain
risk management experts, a mitigation strategy for any
identified risks;
(2) determined, in consultation with NIST and the Federal
Bureau of Investigation, that the acquisition of such system
is in the vital national security interest of the United
States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate
in a manner that identifies the system intended for
acquisition and a detailed description of the mitigation
strategies identified in (1), provided that such report may
include a classified annex as necessary.
Sec. 433. Within available funds, not later than 180 days
after the date of enactment of this Act, the Comptroller
General of the United States shall issue a report on efforts
by the Department of Housing and Urban Development and the
Environmental Protection Agency relating to the removal of
lead-based paint and other hazardous materials, which shall
include--
(1) a description of direct removal efforts by the
Department of Housing and Urban Development and the
Environmental Protection Agency;
(2) a description of education provided by the Department
of Housing and Urban Development and the Environmental
Protection Agency to other Federal agencies, local
governments and communities, recipients of grants made by
either entity, and the general public relating to the removal
of lead-based paint and other hazardous materials;
(3) a description of assistance received from other Federal
agencies relating to the removal of lead-based paint and
other hazardous materials; and
(4) any best practices developed or provided by the
Department of Housing and Urban Development and the
Environmental Protection Agency relating to the removal of
lead-based paint and other hazardous materials.
Sec. 434. (a) Within available funds for the National
Forest System, the Secretary of Agriculture shall conduct an
inventory and evaluation of certain land, as generally
depicted on the map entitled ``Flatside Wilderness Adjacent
Inventory Areas'' and dated November 30, 2017, to determine
the suitability of that land for inclusion in the National
Wilderness Preservation System.
(b) The Chief of the Forest Service shall submit to the
Committees on Agriculture, Nutrition, and Forestry,
Appropriations, and Energy and Natural Resources of the
Senate the results of the inventory and evaluation required
under subsection (a).
addressing pediatric cancer rates in the united states
Sec. 435. (a) Report Identifying Geographic Variation of
Types of Pediatric Cancer.--Using funds appropriated under
the heading ``Toxic Substances and Environmental Health'' for
the Agency for Toxic Substances and Disease Registry, the
Secretary of Health and Human Services, not later than 180
days after the date of enactment of this Act, shall submit to
the Committee on Health, Education, Labor, and Pensions of
the Senate, the Committee on Appropriations of the Senate,
the Committee on Energy and Commerce of the House of
Representatives, and the Committee on Appropriations of the
House of Representatives, a report that provides details on
the geographic variation in pediatric cancer incidence in the
United States, including--
(1) the types of pediatric cancer within each of the 10
States with the highest age-adjusted incidence rate of cancer
among persons aged 20 years or younger;
(2) geographic concentrations of types and prevalence of
pediatric cancers within each such State, in accordance with
Centers for Disease Control and Prevention guidelines; and
(3) an update on current activities related to pediatric
cancer, including with respect to carrying out section 399V-6
of the Public Health Service Act (42 U.S.C. 280g-17).
(b) Support for States With High Incidence of Pediatric
Cancer.--Using funds appropriated under the heading ``Toxic
Substances and Environmental Public Health'' for the Agency
for Toxic Substances and Disease Registry, the Secretary of
Health and Human Services may conduct public outreach, in
collaboration with State departments of health, particularly
in the 10 States with the highest age-adjusted incidence rate
of cancer among persons aged 20 years or younger, to improve
awareness by residents, clinicians, and others, as
appropriate, of possible contributing factors to pediatric
cancer, including environmental exposures, in a manner that
is complementary of, and does not conflict with, ongoing
pediatric cancer-related activities supported by the
Department of Health and Human Services.
(c) Privacy.--The Secretary of Health and Human Services
shall ensure that all information with respect to patients
that is contained in the reports under this section is de-
identified and protects personal privacy of such patients in
accordance with applicable Federal and State privacy law.
explanatory statement
Sec. 436. The explanatory statement regarding division A
of H.R. 21, printed in the Congressional Record on January 3,
2019, and submitted by the Chair of the Committee on
Appropriations, shall have the same effect with respect to
allocation of funds and implementation of this Act as if it
were a joint explanatory statement of a committee of
conference.
compensation for federal employees furloughed during a government
shutdown
Sec. 437. (a) Employees furloughed as a result of any lapse
in appropriations beginning on or about December 22, 2018 and
ending on the date of enactment of this Act shall be
compensated at their standard rate of compensation, for the
period of such lapse in appropriations, as soon as
practicable after such lapse in appropriations ends.
(b) For purposes of this section, ``employees'' means any
Federal employees whose salaries and expenses are provided in
this Act.
[[Page H487]]
(c) All obligations incurred in anticipation of the
appropriations made and authority granted by this Act for the
purposes of maintaining the essential level of activity to
protect life and property and bringing about orderly
termination of Government functions, and for purposes as
otherwise authorized by law, are hereby ratified and approved
if otherwise in accord with the provisions of this Act.
states, territories, possessions and other federal grantees impacted by
a government shutdown
Sec. 438. (a) If a State (or another Federal grantee) used
State funds (or the grantee's non-Federal funds) to continue
carrying out a Federal program or furloughed State employees
(or the grantee's employees) whose compensation is advanced
or reimbursed in whole or in part by the Federal Government--
(1) such furloughed employees shall be compensated at their
standard rate of compensation for such period;
(2) the State (or such other grantee) shall be reimbursed
for expenses that would have been paid by the Federal
Government during such period had appropriations been
available, including the cost of compensating such furloughed
employees, together with interest thereon calculated under
section 6503(d) of title 31, United States Code; and
(3) the State (or such other grantee) may use funds
available to the State (or the grantee) under such Federal
program to reimburse such State (or the grantee), together
with interest thereon calculated under section 6503(d) of
title 31, United States Code.
(b) For purposes of this section, the term ``State'' and
the term ``grantee,'' including United States territories and
possessions, shall have the meaning given such terms under
the applicable Federal program under subsection (a). In
addition, ``to continue carrying out a Federal program''
means the continued performance by a State or other Federal
grantee, during the period of a lapse in appropriations, of a
Federal program that the State or such other grantee had been
carrying out prior to the period of the lapse in
appropriations.
(c) The authority under this section applies with respect
to any period in fiscal year 2019 (not limited to periods
beginning or ending after the date of the enactment of this
Act) during which there occurs a lapse in appropriations with
respect to any department or agency of the Federal Government
receiving funding in this Act which, but for such lapse in
appropriations, would have paid, or made reimbursement
relating to, any of the expenses referred to in this section
with respect to the program involved. Payments and
reimbursements under this authority shall be made only to the
extent and in amounts provided in advance in appropriations
Acts.
This Act may be cited as the ``Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2019''.
The SPEAKER pro tempore. The bill shall be debatable for 1 hour,
equally divided and controlled by the chair and ranking minority member
of the Committee on Appropriations or their respective designees.
The gentlewoman from Minnesota (Ms. McCollum) and the gentleman from
California (Mr. Calvert) each will control 30 minutes.
The Chair recognizes the gentlewoman from Minnesota.
General Leave
Ms. McCOLLUM. Madam Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and include
any extraneous material on the measure under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Minnesota?
There was no objection.
Ms. McCOLLUM. Madam Speaker, I yield myself as much time as I may
consume.
I rise today in support of H.R. 266, the fiscal year 2019 Department
of the Interior, Environment, and Related Agencies Appropriations Act.
Today is the 21st day of the Trump shutdown, and the damage it
inflicts on the families and communities across this country continues
to grow.
More than 800,000 Federal workers are without pay, and today will be
the first missed paycheck for those families. Many of our civil
servants are working without pay, and telling them that they have to
file for unemployment is outrageous and it is wrong.
Today, Democrats are offering this bill that provides critical funds
to reopen the Department of the Interior, the Environmental Protection
Agency, Indian Health Service, and other important agencies.
Our national parks, America's crown jewels, are under threat. This
administration continues to allow visitors to enter as if everything is
normal.
Our Park Service does not have the funding to ensure visitor safety,
address the most basic standards of cleanliness, and protect park
assets.
Joshua Tree National Park is experiencing significant damage because
there are not enough rangers to stop off-road driving in the park. New
tracks are being cut into the sensitive landscape, and many of Joshua's
trees, the precious namesake of this park, have been destroyed.
Just this past week, the Department of the Interior announced an
illegal plan to force parks to start redirecting funds from entry fees.
Now, those fees are designated for capital improvement projects, and
now they will be used to clean toilets.
There is no substitute for the park system's annual operation budget
of $2.5 billion. As I said, lasting damage is being done to our
national parks, and their long-term upkeep is being compromised.
We must ensure public safety and protect our pristine spaces; and
that is why I am calling on the National Park Service to close all
parks until the government reopens.
Congress needs to pass this bill to fully fund and staff and protect
our national parks. Passing this bill will allow the Forest Service to
get back to work on critical activities, like hazardous fuel
management. That work needs to happen now in order to prevent
wildfires.
The Environmental Protection Agency's mission is to protect human
health and the environment, but the Trump shutdown has furloughed more
than 13,000 employees, stopping inspections at drinking water systems,
stopping inspections at hazardous waste management facilities, and
stopping inspections at chemical facilities. This places the health of
the American people and their communities in jeopardy.
The Trump shutdown is particularly threatening to the health and
safety of our Native American brothers and sisters. Once again, we have
failed to meet our treaty responsibilities to Tribal nations. Basic
services like health clinics, Tribal justice services, and food
assistance for seniors, are being put at risk for nearly 1.9 million
Americans throughout Indian Country.
Approximately 54 percent of the Indian Health Service budget goes to
Tribal organizations to run their own programs. During the Trump
shutdown, critical programs in Indian Country run by Tribal
organizations stop. This includes the Domestic Violence Prevention
Initiative, the Indian Children's Program, the Suicide Prevention
Program, and Alcohol and Substance Abuse Programs.
Native American Lifelines is an example of a healthcare program that
is under contract with the Indian Health Service. Clinics focus on care
for the needy and the elderly, and I am outraged to report that, as of
today, these remarks that I deliver, well, those clinics have been
forced to close, and they will not be able to continue to coordinate
care for their patients, like the 80-year-old woman who depends on
Native American Lifelines to help her manage her type 2 diabetes.
It is time to reopen the government. The Interior bill before us was
drafted by the Senate, passed overwhelmingly with a bipartisan vote of
92-6.
This bill also should be familiar to everyone as it was part of a
six-bill package that passed overwhelmingly on the House floor with
bipartisan votes last week. This bill provides $35.9 billion, which is
$601 million over the fiscal year 2018-enacted bill. It maintains
funding for nearly every agency at or above the fiscal year 2018-
enacted level, including the Environmental Protection Agency.
It is important to note, however, this bill does not contain any new
partisan riders.
Now, clearly, I would have written things differently, especially
with regard to funding for Indian Country. However, this bill will
immediately open up the Department of the Interior, the EPA, and other
agencies, and give us a path forward to end the Trump shutdown.
Last year, Congress had the opportunity to pass the bill negotiated
by the Conference Committee, but Republican leadership controlled the
floor and they chose not to finish their work.
And then we thought there was an agreement to keep the government
open while the issues of homeland security were being worked out.
Senator McConnell brought the continuing
[[Page H488]]
resolution to the floor of the Senate and it passed unanimously. But
Speaker Ryan, along with President Trump, decided to shut down the
government, and Congress went home.
Now, nearly 800,000 employees are without a paycheck today, and
Democrats are doing everything that we can to quickly pass a bipartisan
bill to reopen the government. We need to finish last year's work so
that we can move forward to serve the American people in 2019. So I
urge my colleagues on both sides of the aisle to support this bill.
Madam Speaker, I reserve the balance of my time.
Mr. CALVERT. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise in opposition to H.R. 266, the Democratic
proposal for funding the Department of the Interior, the Environmental
Protection Agency, and related agencies for the remainder of fiscal
year 2019.
This bill is almost entirely a Senate product. As such, it ignores
the bipartisan priorities of the House and, perhaps even worse, it
abdicates congressional responsibility under the Constitution to keep
the executive branch in check.
Before I get into the details of the bill, however, I want to take a
moment to congratulate my friend and colleague, Betty McCollum, for her
appointment as the new chair of the House Appropriations Subcommittee
on Interior, Environment, and Related Agencies.
She has been a tireless advocate for programs under the jurisdiction
of this subcommittee, a firm but fair overseer of agency operations, a
tough negotiator and, above all, a good friend. She will be an
outstanding chair. I wish her well, and I look forward to working with
her in both of our new capacities.
Madam Speaker, over the past year, Ms. McCollum and I worked in
collaboration to write a bill representing the needs and priorities of
the House. We held nine budget oversight hearings, including four
hearings with nearly 80 Tribal leaders regarding programs that honor
treaty rights promised to our Native American brothers and sisters.
We wrote a bill that accommodated, in some shape or form, roughly 93
percent of all House Member requests, regardless of party. On top of
that, when the bill came to the House floor, 70 amendments were debated
and 50 were adopted.
And when told to begin negotiating the House-passed bill last year,
we defended it against competing priorities in the Senate. We came
together on numerous topics to write report language directives that
maintain a check on the executive branch.
I am extremely proud of our work. We are so close to a final product.
We shouldn't be throwing it all away with the bill before us today, a
bill that the Senate has already said it will not consider and the
President will not sign.
Let me highlight just a few of the House priorities missing in this
product which concern me the most, and which are likely to concern our
colleagues on both sides of the aisle.
First and foremost, the bill leaves behind all congressional report
language directives. These directives are critical for keeping the
executive branch in check. These directives are also the conduit
through which the concerns of our constituents back home are heard
directly by agency officials at the highest levels.
All of our colleagues in the House who have worked with their
constituents and worked with the Appropriations Committee over the past
year to craft these directives understand the effort that went into
them and the impact they have on people's lives back home. The bill
before us today throws that away, all that important work.
We included language to protect the California WaterFix from
frivolous lawsuits in order to move forward a water supply project that
is critically important to my constituents. By taking up this Senate
bill, I am prevented from even fighting for my constituents.
But this isn't about my priorities; this is about all of the
bipartisan priorities of the House of Representatives that are flushed
away by rubber-stamping the Senate bill.
The bill provides $12 million less than last year's House-passed bill
for the U.S. Geological Survey's natural hazards research and early
warning system, the earthquake system, and $21 million less for the
Forest Service and Department of the Interior to clear dead and dying
trees from our forests in order to prevent more catastrophic wildfires
like the kind we experienced in my own State of California.
{time} 0930
These ounce-of-prevention programs save lives and save money. With so
many fires, earthquakes, volcanoes, and other natural disasters in
recent years, these programs should be a higher funding priority than
they are in this bill.
Additionally, this bill provides $77 million less than the House
Republican bill for EPA's WIFIA, brownfields, and Superfund remedial
programs. These programs provide regulatory relief, leverage Federal
dollars, improve water infrastructure, and spur economic development.
Instead, this bill increases funding for EPA regulatory programs. In
many parts of the country, particularly agricultural States, EPA
regulations and additional red tape are a bipartisan concern.
Even popular EPA grant programs, like the diesel emission reduction
grants, DERA, and targeted airshed grants, were significantly reduced
in this bill.
The DERA and targeted airshed grants are essential to my home State
of California, where air quality remains one of our biggest concerns.
My State and constituents rely on these grant programs to help improve
air quality and public health by accelerating the replacement of older
engines with new, cleaner engines.
For our National Park System, the bill before us today falls $27
million short of the House-passed level for park operations and
reducing the maintenance backlog. With park visitation on the rise,
this is no time to cut corners on the budget.
This bill also lacks important reforms for implementation of the
Endangered Species Act, and it lacks the funding needed to prevent the
sage grouse from being listed. Failure to prevent a listing will hurt
local economies in 11 Western States and undermine our Nation's energy
security.
This bill is almost $10 million below last year's House-passed bill
in funding for historic preservation grants, including civil rights
grants and grants to underserved communities.
The House felt so strongly about these programs that it added $5
million in multiple amendments on the House floor last year. Why would
we give up all that funding by acceding to the Senate?
Last, but certainly not least, this bill falls $160 million short of
last year's House-passed bill in funding treaty obligations to American
Indians and Alaska Natives through the Department of the Interior and
the Indian Health Service.
Earlier this week, USA Today was the latest news agency to run a
front page article on the sad state of healthcare in Indian Country,
which is funded mostly through the Indian Health Service in this bill.
Funding for the Indian Health Service in this bill is $135 million
below last year's House-passed level.
For an Indian health system that already is rationing the kind of
healthcare that most of us take for granted, every dollar makes a
difference in the quality of life of one of our fellow Americans whose
ancestors paid in advance with their lives and their land to guarantee
that the Federal Government would care for the health of their
descendants. Properly funding this obligation is not optional.
The House heard from nearly 80 tribal leaders in hearings last year
about the importance of funding these programs. Let's not turn our
backs on them now, acceding to the Senate position.
Madam Speaker, for these reasons and others, I am strongly opposed to
this bill, H.R. 266, and I urge my colleagues on both sides of the
aisle to stand up for their constituents' priorities and oppose the
bill as well.
Madam Speaker, I reserve the balance of my time.
Ms. McCOLLUM. Madam Speaker, I couldn't agree more with my colleague
and the former chair. When we were developing the bill, we had a much
superior product as we came out of conference committee.
[[Page H489]]
But it is time to move forward. Speaker Ryan did not bring that to
the floor. We must move forward and begin our work, our important work,
on 2020.
Madam Speaker, I yield 2\1/2\ minutes to the gentlewoman from New
York (Mrs. Lowey), the chairwoman of the full Appropriations Committee.
Mrs. LOWEY. Madam Speaker, the Trump shutdown is now in its 21st day.
It is outrageous that more than 800,000 Federal employees are going
without pay, many of them while they are still working, and the
American people are being denied vital services, all because of
President Trump's demands for a wasteful border wall.
The bill before us today would reopen the Environmental Protection
Agency, Department of the Interior, and other critical agencies, such
as the Indian Health Service and the Chemical Safety and Hazard
Investigation Board.
The Trump shutdown has suspended cleanups of hazardous materials and
delayed lifesaving rulemaking to keep toxic chemicals like methylene
chloride out of American homes.
The Trump shutdown threatens the enduring natural beauty and
conservation efforts of our national parks as trash piles up and the
safety of visitors is in question.
Public health and safety should not be political bargaining chips.
House Democrats have passed bills to open the government, but the
President and the Senate Republicans continue to obstruct and delay
instead of working with us to get the people's business done.
The solution to this crisis is simple: pass the bills where we can
agree and extend funding for Homeland Security for a month to allow
time for negotiation on border security and immigration policy.
Madam Speaker, I hope that my colleagues across the Capitol come to
their senses and stop this ridiculous Trump shutdown.
Mr. CALVERT. Madam Speaker, I yield as much time as she may consume
to the gentlewoman from Texas (Ms. Granger), the ranking member of the
Appropriations Committee.
Ms. GRANGER. Madam Speaker, I rise today in opposition to H.R. 266.
Unfortunately, moving this bill across the House floor will not
resolve the partial government shutdown, as the President has said he
will not sign this bill into law.
It is the job and responsibility of Congress to appropriate funds. We
must come together to find a solution that will reopen the government
and fund border security. We need a compromise that represents the will
of both Chambers and the American people.
By considering the Senate-passed version of the appropriations bill,
we are eliminating House Members' involvement in the process. This bill
in particular ignores 93 percent of all House Member requests that were
included in our bill, including the 50 amendments that were adopted on
the floor.
This appropriations bill for the Interior Department fails to include
the $12 million that House Members provided to U.S. Geological Survey
programs, like the earthquake early warning system that saves lives.
It also reduces the amount of funds available to clear dead and dying
trees from forests, to help prevent the kind of devastating wildfires
we saw this year, by $21 million.
We have heard a lot about the National Park Service during this
shutdown. This bill reduces funding for our national parks by $27
million.
These are just a few of the priorities of the House that are not
included in this bill before us today.
Madam Speaker, Republicans stand ready and willing to negotiate with
our friends on the other side of the aisle on legislation that includes
priorities of both parties and both Chambers. That is how this
legislative body and our system of government are designed to work.
Madam Speaker, I thank my colleague from California, Mr. Calvert, for
his efforts today and over the last several months to ensure that the
House's voice is heard in this debate.
Ms. McCOLLUM. Madam Speaker, I yield 2 minutes to the gentlewoman
from California (Ms. Lee), a member of the Appropriations Committee.
Ms. LEE of California. Madam Speaker, let me thank Chairwoman
McCollum for her leadership on this issue as we try to get the
government open.
Madam Speaker, I rise in strong support of the fiscal year 2019
Interior appropriations bill, which provides $35 billion to partially
reopen the government.
Now, this bill would also reopen our beautiful national parks and the
Smithsonian museums. The situation in our parks right now, it is just
not acceptable. Sixteen thousand Park Service employees are not
working. Let me repeat that: 16,000 employees. The National Park
Service is losing $400,000 a day from this shutdown, while uncollected
garbage is piling up.
Madam Speaker, this is horrible. It is ridiculous.
We need this bill to reopen our parks, our museums, and our visitors'
centers right away, and we need to pass this bill to keep visitors safe
and end the furlough of law enforcement personnel in our national
parks.
Madam Speaker, these closings are impacting every district in our
Nation. Near my own district, for example, in the beautiful bay area,
Muir Woods had to close this week.
In addition to wreaking havoc on Federal workers' lives, their
families, their children, and their livelihoods, this Trump shutdown is
also having an effect on tourism and the economy.
So I urge my colleagues to vote ``yes'' on this bill and ``yes'' to
reopening the government. The public deserves this. The Federal workers
deserve this. Contractors deserve this. The parks and our museums
should be open for visitors to visit, and we need to get this
government working again.
Madam Speaker, I thank, again, Chairwoman Betty McCollum for yielding
me time.
Mr. CALVERT. Madam Speaker, I yield 2 minutes to the gentleman from
Alabama (Mr. Aderholt).
Mr. ADERHOLT. Madam Speaker, I thank Ranking Member Calvert for
yielding and for his leadership on this bill that we passed back in
December.
Unfortunately, as you know, I am rising, Madam Speaker, in opposition
of H.R. 266.
What we have before us today, however, is yet another Democrat
appropriations bill that fails to reflect the House priorities. This
time, it ignores 93 percent of all the House Member requests that were
included in the House bill and in the report.
I would like to point out just a few of the many House Member
priorities that were addressed in the House Republican Interior and
environment bill that are not addressed in this current bill.
Compared to the House Republican bill, this bill reduces funding for
hazardous fuel reduction projects by $21 million. It also reduces
funding for operation and maintenance of the National Park System by
$27 million. It does not include any of the Endangered Species Act
reforms, which are absolutely necessary for the law to work in a
practical way.
Therefore, Madam Speaker, rather than spending our time debating
Senate-passed legislation, which fails to reflect any House priorities,
I ask that the Democrats come to the negotiating table so we can secure
our border, so we can keep America safe, and so we can resolve this
partial shutdown that we are now entering on its 21st day.
Madam Speaker, I urge my colleagues to oppose this bill.
Ms. McCOLLUM. Madam Speaker, the time to pass the 2019 bill was
December of last year. We need to move forward. My priority is to get
the government open, to get it back working for the American people,
and to have the Federal employees who are working so hard and those who
are forced to be home to have a paycheck.
Madam Speaker, I yield 2 minutes to the gentlewoman from Florida (Ms.
Wasserman Schultz), who is the chair-designee of the Military
Construction, Veterans Affairs, and Related Agencies Subcommittee of
the Appropriations Committee.
Ms. WASSERMAN SCHULTZ. Madam Speaker, I thank the gentlewoman for
yielding.
Madam Speaker, I rise today to urge my colleagues to support this
appropriations bill, which provides funding for the Department of the
Interior, the Environmental Protection Agency, and related agencies.
This bill would provide vital funding for water infrastructure, State
drinking water systems, national parks, and
[[Page H490]]
Everglades restoration projects. Yet we have been locked in a
nonsensical shutdown because President Trump continues to insist on his
ineffective and offensive border wall scheme.
While the President throws a tantrum, people are suffering and our
environment is suffering.
Many of us have seen the pictures of the piles of garbage. Our
environment cannot withstand this onslaught. They are overflowing in
many of our national parks.
Our national parks are the crown jewels of our Nation's natural
heritage. In 2017, the National Park System drew more than 330 million
visits, including more than 10 million in my home State of Florida.
These visits are not just from Americans, but also from people all
around the world who came to see the natural wonders America has to
offer.
In 2017, national parks contributed $35.8 billion to the Nation's
economy and $613 million to Florida's economy, and they supported
306,000 jobs nationwide. Yet, today, many are closed or short-staffed,
and a diminished law enforcement presence puts the well-being of
visitors and wildlife at risk.
This is not the only major consequence of President Trump's and
congressional Republicans' efforts to block funding for the shuttered
agencies that would be restored by this legislation.
EPA has stopped making inspections of drinking water systems,
hazardous waste management sites, and chemical facilities. During the
last long shutdown in 2013, EPA stopped inspecting more than 1,200
sites of environmental importance and concern.
Now more than ever, we need the EPA to provide rigorous guidance and
support for State drinking water agencies.
{time} 0945
No one knows this more than the residents of Flint, Michigan, whose
water is still not safe to drink. And closer to my home, Floridians in
Ocala face the contamination of their water by harmful fire retardants
used at the nearby fire college. Halting inspections leaves communities
like these more vulnerable. These cuts can truly impact the people we
are elected to serve.
Mr. Speaker, I urge my colleagues to vote for this bill so that the
Senate can once again pass it and the government can be reopened.
Mr. CALVERT. Mr. Speaker, I yield 4 minutes to the gentleman from
Idaho (Mr. Simpson), the former chairman of the committee.
Mr. SIMPSON. Mr. Speaker, I thank the gentleman from California, my
good friend, for yielding and for the job that he has done as chairman
of the Interior, Environment, and Related Agencies Subcommittee in the
past.
Let me begin by saying that we all want the government to reopen--all
on this side, all on that side. We don't agree with this shutdown. I
also want strong border security, and I know you all want strong border
security. We disagree about how to get there.
These can both be accomplished with a little word called
``compromise.'' I heard everybody throw around that word quite a bit
and then go back to their hardened positions and forget what a
compromise is. So I looked it up in the dictionary, because I thought
maybe I was mistaken about what a compromise is.
The dictionary says it is ``a settlement of differences by mutual
concessions; an agreement reached by adjustment of conflicting or
opposing claims, principles, et cetera, by reciprocal modification of
demands.''
We can't call for a compromise and then go back to our hardened
positions and say: ``I want everything I want, and you get nothing you
want.''
This bill is not a compromise. If you would bring up the compromised
conference bills between the House and the Senate, you would have my
support, but that is not what this is. This is the Senate bill.
We have a conference bill between the House and the Senate that was
prepared to be brought to the floor last year and never made it. Bring
up that conference report.
Unfortunately, by adopting just the Senate bill, we might not even
have a House Chamber. Why have a House Chamber if all we are going to
do is adopt whatever the Senate decides to do?
This bill, as has been mentioned, reduces funding by $160 million
from the House bill for Indian Country, and has a:
$21 million reduction from the House bill for hazardous fuels
reduction that prevents catastrophic wildfires;
$23 million reduction from the House bill in sage-grouse funding,
which is vital to keeping the species off of the endangered species
list;
$27 million reduction from the House bill for national parks funding,
which is needed to solve the maintenance backlog; and
$12 million reduction from the House bill for the Water
Infrastructure Finance Act, which is critical to financing community
water projects, given the enormous backlog that exists for our water
system.
The bill also leaves out vital report language directives from the
House bill that were carefully crafted to represent House Members'
priorities, both Republican and Democratic priorities. They are being
totally ignored with this legislation.
In the end, we all know that this isn't going anywhere. This is just
a game. And I have got to tell you, Mr. Speaker, I am tired; I am tired
of the finger-pointing, the name-calling, and the games we are playing.
I know that on the Democratic side of the aisle you are getting phone
calls by the hundreds, if not thousands, from your constituents who
say: Don't give in to Trump; don't give in to any border security wall
or fencing or whatever.
We are getting the same phone calls on our side, who say: Don't you
vote for anything that doesn't have Trump's border wall in it.
The uncomfortable thing is that, occasionally, as elected
Representatives, we are called upon to lead, regardless of the
consequences; and I have to say, we have all failed, all of us, and for
that, I am very, very sorry.
Ms. McCOLLUM. Mr. Speaker, I have a rhetorical question, and that
would be: If we had been able to bring the continuing resolution to the
floor, if we would have been able to get the President to sign it,
would that have given us the breathing space to bring back the
conference committee reports and would the President have signed it? I
have not heard the President offer that as a solution.
Mr. Speaker, I yield 2 minutes to the gentlewoman from Maine (Ms.
Pingree), a member of the Appropriations Committee, who proudly serves
on the Interior, Environment, and Related Agencies Subcommittee.
Ms. PINGREE. Mr. Speaker, I thank our future chair for yielding me
the time. I appreciate it.
Mr. Speaker, I consider it a privilege to sit on the Interior,
Environment, and Related Agencies Subcommittee, where we fund agencies
and departments that are important not only nationwide, but especially
in my home State of Maine. So it is particularly heartbreaking to be
here today urging my colleagues to reopen these agencies as we open a
21st day of an unnecessary government shutdown.
Today marks the first day that many Federal Government employees will
go without a paycheck. There are over 1,100 Federal workers and their
families in Maine alone. These include families at Maine's Acadia
National Park and the Rachel Carson National Wildlife Refuge, the USGS
research centers and the air and water program officers at the EPA.
This shutdown has made life extremely difficult for these workers and
these families, and it has halted the critical duties that they
perform.
This bill funds vital programs that we use every day to protect our
resources, to learn about the environment, and to connect Americans to
our national treasures.
So far, the administration has used accounting gimmicks to give the
appearance that these parks and agencies remain open, but you can't
hide the real consequences of this shutdown. For example, at our
national parks, there have been reports of habitat destruction,
injuries, and even deaths since the beginning of the shutdown.
We don't need gimmicks. We need to reopen the government. Despite the
President's refusal to do his job, I am proud that we are doing ours in
Congress by moving these appropriations bills forward to reopen the
government.
Mr. Speaker, I urge all of my colleagues to support the American
taxpayer, to support Federal workers and
[[Page H491]]
their families, and to support the vital environmental programs that
are funded in this bill. Please vote ``yes'' on H.R. 266 and end the
shutdown.
Mr. CALVERT. Mr. Speaker, I yield 5 minutes to the gentleman from
Oklahoma (Mr. Cole), my friend.
Mr. COLE. Mr. Speaker, I thank my friend not only for yielding, but
for his distinguished 4 years as the chairman of the Interior,
Environment, and Related Agencies Subcommittee. I want to congratulate
my good friend, the former ranking member and now the new chairman of
the House Interior, Environment, and Related Agencies Subcommittee as
well. They worked very well together over the last several years. I
know they will continue to work well together, and I know that we will
continue to do good work on that committee.
Mr. Speaker, to quote the great baseball player and American
philosopher, Yogi Berra: ``It's deja vu all over again.''
We considered this bill last week. The Senate told us at the time
that if we sent it to them, they weren't going to take it up; and the
President said, by the way: I am not going to sign it.
So what are we doing this week? We are sending the exact same bill.
The Senate has told us the exact same thing, and the President has told
us the exact same thing.
If anybody thinks this is accomplishing anything, it is not. Quite
frankly, we should be embarrassed as Members of the House of
Representatives to bring this bill to the floor.
There is not a single speaker in this Chamber today who had a single
thing to do with anything in this bill--no appropriator, nobody--
totally a Senate product. So every speaker who gets up and talks about
how important this is, literally, had nothing to do with writing it. As
a matter of fact, in many cases, they had to give up things that they
succeeded in getting into the House bill, both Democrats and
Republicans.
I think, frankly, candidly, honestly, any of us would admit the House
bill and the conference product that was finished is a much better bill
than this. If we are going to bring something to the floor where we
disagree, why don't we at least bring something we are proud to bring
here.
Nobody should be proud to bring a bill that actually cuts what the
House did in Indian healthcare by $135 million.
Nobody should be proud to bring a bill to the floor that cuts $26
billion out of the Bureau of Indian Affairs, which we all agreed on,
collectively, and were concessions, frankly, that we were going to win
in the course of a conference.
So the bill is an embarrassment, and the outcome is going to be
predictable. The Senate is not going to pick it up. The President would
not sign it if it were sent to him.
So we have wasted an entire week. We have wasted the week because our
friends can't sit down and split the difference, which, by the way, the
President offered us in December. He asked for $5 billion. He told the
negotiators: I will take $2.5 billion.
Splitting the difference is usually a definition of compromise.
Instead, we hurtled on into a government shutdown that nobody in this
Chamber wanted, but we have a standoff at the top level.
I don't think anybody particularly looks good in this: the President,
the Senate, and certainly not the House. I would hope after we go
through this charade--and it is a total charade--that we get back to
work. If we are going to present something here, let's at least present
something we are proud of and that we actually participated in writing.
Again, this will end another sad week in this Chamber. I urge the
majority to get to work. Produce something that a Senate that is of the
other party will pass and that a President will sign. If you don't, you
are not governing.
To just be immovable and then point fingers as if other people are
responsible, people who actually offered you a compromise to split the
difference in December that would have avoided the entire shutdown, I
think the responsibility is pretty clear as to who brought the
government to a close, and that is our friends' failure to sit down and
negotiate seriously with the United States Senate and with the
President of the United States.
Mr. Speaker, I will oppose this measure and certainly will look
forward to voting against it in the hope that we will eventually get
back to the product that we wrote and produced and would actually serve
the American people better than this piece of legislation.
Ms. McCOLLUM. Mr. Speaker, as I asked a rhetorical question earlier:
If the President would say, ``I am going to do a short CR; I will sign
it; we are going to let the conference committee refile their bills for
2019 to open up the rest of the government, get the people back to
work, and get the paychecks back into those families' hands; and while
we are doing that, we will negotiate the Homeland Security bill,'' I
would be all for that, but I have not heard that come from the
President of the United States.
So today, Mr. Speaker, I bring a bill to bring paychecks back to
people who don't deserve to be pawns in this government shutdown.
Mr. Speaker, I yield 1 minute to the gentleman from Maryland (Mr.
Hoyer), the Democratic Majority Leader.
Mr. HOYER. Mr. Speaker, I thank the gentlewoman for yielding. I think
this is my first time in a long time of having a magic 1 minute, so I
have some things to say.
I was on the Appropriations Committee for 23 years. I came here in
1981. Between 1981 and 1995, we had 10 shutdowns. Those 10 shutdowns
averaged 1.9 days a shutdown. The longest one was 3 days. They were
because of differences, not because of a strategy.
In 1995, Newt Gingrich adopted shutting down government as a
strategy, as a taking hostage not only of Federal employees, but taking
hostage of the American Government and taking hostage of everyone who
is served on a daily basis by the Federal Government. The reason I know
it is a strategy is because it has happened a number of times.
The next one, long-term, was in 2013, when Ted Cruz, a United States
Senator, came over here and talked to a number of Members and said:
Unless the President will repeal the Affordable Care Act, we are not
going to fund the government. In other words, unless the President
didn't take healthcare away from Americans, the Republicans would take
government services away from Americans and hold hostage the Government
of the United States.
And now, just a few years later, ladies and gentlemen, the
Republicans have again taken hostage not only 800,000 people who work
for the Federal Government, expecting them to work for no pay to
protect our borders, to protect our seas, to protect our food, and so
they have taken hostage the Government of the United States one more
time.
So we have a crisis, but the crisis is not at the border. There is a
challenge at the border, and we need to make our border secure. We are
for that.
{time} 1000
The proposal the President made in a campaign speech which got a lot
of roars all the times he gave it was: We need a wall, a big wall, a
wall along the whole border, a wall that the Mexican Government will
pay for. It was total campaign rhetoric and demagoguery. It was not a
policy.
And I agree with my friend from Idaho. Mr. Simpson is the former
speaker of the Idaho House. The far right in his party ran a candidate
against him a few elections ago and they got beaten badly. Thank
heavens for that; thanks to the judgment of voters in Idaho.
I agree with my friend, Tom Cole, in part. But if he were here--
unfortunately, he has left the floor--but I would say to Tom Cole: Mr.
Cole, as you ended the Congress with your side in charge, you rejected
a bill from the United States Senate, passed with unanimous consent,
that would have opened up all of government.
And you rejected that bill because the President told you to put $5.6
billion in the bill, which you knew--and I am sorry, Tom Cole is not
on the floor because he says, you know, this bill is not going to
pass--which you knew would not pass the United States Senate, but you
sent it anyway. Why? Because the President of the United States told
you to do so.
Let me remind all of us that we are a coequal branch of government.
We are the Article I branch of government. We are the policymakers of
government, not to sit as stooges and be told
[[Page H492]]
by the President of the United States: If you don't do what I want,
what I tell you to do, I won't sign the bill.
Mr. Speaker, on Tuesday night, the President went on television and
tried to argue that the American people should continue to endure a
painful government shutdown until Democrats give in on funding for a
border wall that has bipartisan opposition. Democrats and Republicans
alike--not all--oppose this $5.7 billion waste of money on a physical
wall along the border.
Representative Will Hurd--now, who is Will Hurd? He is a Republican
Member of the Congress of the United States. He is a Member of the
Congress of the United States from Texas. He represents a district
which has more border than any other district in America. What does he
say?
Building a wall is the most expensive and least effective
way to secure the border.
But the President of the United States says: You don't do that, I am
not playing. And because he is not playing, none of you are playing.
I say to my Republican friends: How sad. You were not elected by your
constituents to do what Donald Trump tells you to do. You were elected
by your constituents to do what is best for them and their country.
Senator Lindsey Graham, a friend of the President, a Republican, and
a Senator from South Carolina said this:
The border wall is probably not a smart investment.
But the President has told Lindsey Graham: You are not for my wall, I
am not for your bill, and I won't sign it. And I am going to shut down
government.
One person is responsible for shutting down government. Donald Trump.
Most of the people he shut down and is not paying, they don't have a
dad they can go to and say: Give me some money, dad. Maybe he doesn't
know that experience.
Opposing a new barrier, Acting White House Chief of Staff Mick
Mulvaney--listen to me, my Republican friends--said in 2015:
You go under. You go around. You go through. What they need
is more manpower, more technology, and more willingness to
enforce the law as it exists today.
He said that in 2015. Not a wall. More manpower, more technology,
more willingness. That is essentially what Will Hurd said.
Senator Ron Johnson, one of the most conservative Senators in the
United States Senate said he always thought that the President's wall
was a ``metaphor.''
Now, if it is a metaphor for security, we are in, because we
Democrats want a border that is secure; that does not allow people who
are not authorized to come into the United States. We want to be sure
that the people, the criminals that bring drugs into the United States
are caught and prevented from doing so, and that people who traffic in
human lives are caught and stopped. We are for that.
When the President was at the border he said that Democrats don't
care about crime. They don't care about human trafficking. That is
baloney. It is a lie. It is unworthy of a President of the United
States to make such an assertion.
Senator John Cornyn of Texas said:
I don't think we are just going to be able to solve border
security with a physical barrier, because people can come
under, around it, and through it.
That is why so many Republicans said the wall is not the answer.
Ranking Member Michael McCaul--now he is the ranking member of the
Foreign Affairs Committee, I tell my Republican friends, Mr. Speaker--
but he was chairman of the Homeland Security Committee when he said
this:
A 30-foot concrete wall is a very expensive proposition and
there are a lot of other things we can be doing technology-
wise to make it a smarter border that is more effective and
more cost efficient.
So don't accuse the Democrats because they are against the wall of
being against border security. Your Republican leaders don't believe
that, so they ought to stop saying it.
They are among the Republicans and Democrats who believe we need a
smarter, more comprehensive strategy to improve border security; not
just building a physical wall with taxpayer money.
President Trump said over, and over, and over, and over, and over
again that Mexico was going to pay for this wall. God knows how any
American voters believed that. Now, of course, not surprisingly, he
admits that is not going to happen.
So let's discuss border security, which is important to Democrats and
Republicans alike. Let's sit down and figure out how best to do it.
That is a debate on policy.
But, by the way, my Republican colleagues did not bring the homeland
security and the border security issue to the floor until December 20,
11\2/3\ months after they took control--or they were in control,
because it was the last of the session. So they waited 11 months and 20
days to bring this critical issue to the floor. My, my, my.
Now they shut down the government if we don't do it their way. This
is a debate on policy, not politics. That is why I quoted so many
Republicans. There is no reason to maintain a dangerous and costly
government shutdown while that debate occurs.
Let's end this shutdown right now and turn to the real discussion
about border security without holding hostage America's workers, their
families, and the people they serve, all of our constituents. Let's
have a vote in the Senate which I believe would reopen government.
Leader McConnell has a responsibility to do so. Leader McConnell has
a responsibility to the Senate and to his oath of office to the
Constitution and to the country. He swore no oath to President Trump.
None of us swear an oath to the President of the United States. We
swear an oath to the Constitution, to preserve and protect and serve
our people.
On August 24, 2014, Senator McConnell said this: ``I am the guy that
gets us out of shutdowns. ``Shutdowns,'' he said--this is Senator
McConnell--``is a failed policy.''
That is what Mr. Simpson said. That is what Mr. Cole, I know,
believes. I have talked to him about it. I hope every Member here
believes that. So my plea is to stop pursuing it as a strategy.
Remember, 10 shutdowns averaged 1.9 days. Your shutdowns, 21 days, 16
days, and now we are going to have the longest shutdown in history,
because you have taken captive the Government of the United States. How
sad that it is us who are the enemy of the Government of the United
States.
Senator McConnell, I hope, will bring bills to the floor to open up
the government as he did in December when he sent a bill here and you
would not take it up, my Republican friends, when you were in charge.
You were the leaders. You rejected that bill that would have funded
government, kept government open, kept serving the American people.
But, no, you took a hostage, and the government is shut down.
The Democratic-led Congress is doing its part. The first day we came
here, we passed a bill that was exactly like the Senate's bill. So one
could assume that the bill they had passed, when they got it back,
would, in fact, pass. And the homeland security we did for a short time
so we could continue negotiations in a positive way without having
hostages being taken.
Last week, we passed a package of funding bills for fiscal year 2019,
a continuing resolution for the Department of Homeland Security, in
order to reopen government and end the Trump shutdown. The Trump
shutdown. The Trump shutdown.
If Trump said to Senator McConnell: Yes, I will sign the bill; the
bills would be passed by the United States Senate. No one disputes
that.
If Trump said to the House Members here, Mr. Speaker, that he would
sign, they would pass the bill. Trump articulated at the White House
that he would not open government until we agreed to do what he wanted
to do. That is not democracy. That is despotism.
Because Leader McConnell was refusing to bring up our package of
appropriation bills, the very same bills written by the Republican
Senate, as has so often been said--and I would prefer that they were
bipartisan bills--we are now sending him each of the bills
individually.
On Wednesday, we passed a bill that would, among other things, reopen
the IRS so taxpayers can get their refunds. They paid in more than they
owed and they ought to get it back and they
[[Page H493]]
ought to get it back in a timely fashion. But the folks who process the
refunds are not being allowed to come to work.
Yesterday, we passed the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act which will
continue nutrition assistance for those facing hunger, and reopen
programs helping farmers in rural America. Many of you represent rural
farmers, and they are relying on payments from the Department of
Agriculture to sustain them, and they are not getting them.
Yesterday, we also passed the Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act to restore safety
to air travel and keep low-income Americans from losing rental housing
assistance. I don't think there is any Republican that wants to see
people out on the street because they couldn't make their rent because
they didn't get their payment from the Federal Government.
Today, we are bringing this Department of the Interior, Environment,
and Related Agencies Appropriations bill to the floor to reopen
America's National Parks and restore services to Native Americans and
Tribal communities.
I want to thank the gentlewoman from Minnesota (Ms. McCollum) for the
leadership that she has shown and the work that she has pursued to
bring this bill to the floor. I ask my colleagues on both sides of the
aisle to vote on the merits of this bill, and I hope that many
Republicans will join us.
If Members are for reopening government, vote ``yes.'' If you vote
``no,'' you are for continuing this Trump shutdown.
I hope Leader McConnell listens to his Senators. Senator Susan
Collins said this on the House-passed bills last Thursday.
It would be great to have them signed into law because
there is not great controversy over them and at least we
would be getting those workers back to work.
{time} 1015
Senator Cory Gardner, Republican from Colorado, added: ``We should
continue to do our jobs and get the government open.''
I agree, Mr. Speaker.
Hopefully, when we vote today, we will have in mind the 800,000
people who are not getting paid, half of whom are working. Hopefully,
we will have in mind all those who are looking for a tax return, all
those who are looking for a supplemental nutrition payment so they can
put food on their tables, all those who are looking to make sure they
can settle on their house because FHA is operating, and all those who
need a visa extension or something of that nature.
Hopefully, we will be thinking of them, not just the small-bore
politics of: If you don't do what I say, I won't play.
Vote for this bill. Send it to the Senate.
Mr. Speaker, I say to Senator McConnell to put it on the floor, pass
it, and send it to President Trump.
The SPEAKER pro tempore (Mr. Lujan). Members are reminded to avoid
engaging in personalities toward the President.
Mr. CALVERT. Mr. Speaker, I yield myself such time as I may consume
to point out that leaders in the Border Patrol want a barrier as a part
of securing the border. Most people the majority leader mentioned are
also in favor of a barrier as part of securing the border, as that is
something that acts like, using a football metaphor, an offensive line.
It slows people down in order for technology and people at that point
to pick up people who are coming into this country illegally with drugs
or otherwise illegal activity.
Mr. Speaker, I yield such time as he may consume to the gentleman
from Ohio (Mr. Joyce).
Mr. JOYCE of Ohio. Mr. Speaker, I rise today to highlight some of my
concerns with H.R. 266.
As a Representative from the great State of Ohio, I know full well
how important it is to provide programs that ensure we are protecting
our natural resources and preserving them for future generations.
One of the greatest natural resources and economic powerhouses we
have in the United States and for the world, for that matter, is the
Great Lakes system, which my district is lucky enough to have a portion
of. The lakes provide more than 35 million people with drinking water.
They support more than 3,500 species of plants and animals. Studies
have shown that 1.5 million jobs are directly connected to these five
lakes, generating $62 billion in wages. That is why I have fought so
long and so hard for the Great Lakes Restoration Initiative.
As Members of this House, we have a responsibility to properly
represent the people who sent us here to fight for their priorities and
needs. Unfortunately, this bill falls far short of fulfilling that
responsibility. The fact is, there is bipartisan, bicameral report
language that would not go into effect if the bill before us were
signed into law.
It leaves out important language to reduce the growth of harmful
algal blooms, which have been recorded in every State and have become a
concern nationwide. In fact, in 2014, a harmful algal bloom in Lake
Erie affected the drinking water for more than 500,000 people in
Toledo, Ohio.
The bill also leaves out language encouraging the EPA to fund
research grants that help promote scientific progress toward preventing
and controlling harmful algal blooms. It doesn't include language to
help both rural and urban communities control nutrients in their
watersheds. It doesn't include language about working to understand the
risks of exposure to toxins that result from harmful algal blooms.
These toxins can come through our drinking water and can be extremely
harmful to humans.
In the end, this bill does not include the priorities that many
Members fought for to help their constituents. It does not include
language that supports programs that impact Ohio, as well as many other
States across the country. I cannot in good faith support legislation
that does not treat our Great Lakes as the national treasure they are
or invest in them to the fullest extent.
Mr. Speaker, please stand with me today in sending a message to
protect our Great Lakes. I urge my colleagues to oppose this bill in
its current form. We can do much better than this. We, as Members of
the House, must not abdicate our responsibility to craft these spending
bills in the best interest of our constituents.
Ms. McCOLLUM. Mr. Speaker, I also hail from one of the Great Lakes
States. The funding in the Senate bill and the House bill for the Great
Lakes was identical. So at least in this portion of the funding, it was
equal for both the House and the Senate.
Mr. Speaker, I yield 2 minutes to the gentleman from California (Mr.
Huffman), who is a member of the House Natural Resources Committee.
Mr. HUFFMAN. Mr. Speaker, I thank the gentlewoman for yielding, and I
rise today in support of this bill to reopen our national parks and end
the Trump shutdown.
Over the last 3 weeks, the conditions in our national parks have
reached unacceptable and unsafe levels as park employees are furloughed
without pay and forced to keep quiet about the ongoing damage.
Here is what some of it looks like: dirty diapers, coffee cups, and
burrito wrappers. That is just the start of what Congresswoman Jackie
Speier and I saw this past weekend as we joined volunteers for a trash
cleanup at the Golden Gate National Recreation Area, which we both
represent. It took only a few minutes for us to fill two 32-gallon
trash cans with waste.
We may soon have enough trash building up in our national parks to
build a wall.
Is that the idea, Mr. Trump? Is that the backup plan, to have our
parks, park visitors, and our professional park staff pay for the wall
you said Mexico would pay for?
Mr. Speaker, the damage from the Trump shutdown does not end there. I
have more than 25 federally recognized Tribes in my district. Each of
those communities faces serious financial insecurity as a result of
this shutdown. I refuse to stand by as Indian Country suffers, as our
national parks suffer, and as millions of Americans suffer, so that
Donald Trump can pretend he is building a medieval border wall.
We need the House and Senate to pass the Interior appropriations
bill. We need the President to sign it to prevent further degradation
of our public
[[Page H494]]
lands and protect the health and safety of Tribal communities.
This government does not belong to Donald Trump. It belongs to the
American people. It is time to reopen the government.
Mr. Speaker, I urge a ``yes'' vote.
The SPEAKER pro tempore. Members are reminded to direct their remarks
to the Chair.
Mr. CALVERT. Mr. Speaker, I yield 2\1/2\ minutes to the gentleman
from the great State of Utah (Mr. Stewart).
Mr. STEWART. Mr. Speaker, I would like to begin by stating the
obvious, if I could, when my Democratic colleagues call this bill a
compromise.
This bill is a lot of things, but a compromise it is not. It takes
away everything we have done for the last year--everything we have done
for the last year--and, poof, it is gone. It throws it away.
There is an old saying in the House: It is not the opposing party
that is the enemy; it is the Senate.
This is a great illustration of this. As a member of the
Appropriations Committee, it pains me that my colleagues on the other
side of the aisle have effectively removed my constituents from this
process by just accepting the Senate bill. Every Member of the House
and our constituents have been silenced in this. We are not represented
at all.
Not only has the Democratic majority ignored this body's role in
creating this budget, they are throwing away hundreds of hours of
hearings, of markups, and of floor time, again, as we are fighting for
our constituents. We passed a bill. The House has done our work. Let me
say it again: The House has done our work.
If this was a serious effort by our friends on the other side to open
the government, then they would pass our House bill again. Then it
would go to the Senate, and we would reconcile those two bills.
Let's consider some of the things that have been thrown away, poof,
magically gone in a puff of smoke: money for fighting wildfires; money
for our Indian brothers and sisters, including for hospital staffing;
money for road maintenance, so that children can go to school; and
money for our national parks for deferred maintenance. The list goes on
and on.
I ran for Congress because I wanted to represent my district. This
bill is my district; 70 percent of my district is owned by the Federal
Government.
How can I just sit by and say that my constituents will have no voice
in this bill or in this appropriations process at all?
Finally, my friends on the other side know these bills don't stand a
chance of actually becoming law. They know that. The Senate won't take
these up. The President has said he won't sign it.
Mr. Speaker, if you want to talk compromise, then let's actually try
to do that. Let us take where we are and let us take where the Senate
is and try to bring them together. That, Mr. Speaker, is compromise.
Ms. McCOLLUM. Mr. Speaker, I yield myself such time as I may consume
to say, once again, I am sorely disappointed that, before the end of
December and before the new Congress came into being, some of the
suggestions here were to move forward with conference committee
reports, to bring them to the floor, to work with the President. Now
that we have the new Congress sworn in, for the President to say: You
get those conference committee reports going. We will do a continuing
resolution to keep government open. We will negotiate the Homeland
Security bill off to the side--but there is silence. There is no
commitment. Quite frankly, I don't know if the President would change
his mind again, if he did agree to that.
Mr. Speaker, I yield 2 minutes to the gentleman from Washington (Mr.
Kilmer), who is a member of the Appropriations Committee and serves on
the Interior, Environment, and Related Agencies Subcommittee.
Mr. KILMER. Mr. Speaker, I thank the gentlewoman for yielding.
Mr. Speaker, I rise in strong support of this bill, which will
restore funding for the Department of the Interior, for the Forest
Service, and for the Environmental Protection Agency, because it is
simply wrong for Federal workers to be held hostage. It is wrong for
people who depend on these agencies to be held hostage as a negotiating
tactic on a completely unrelated policy issue.
The region I represent has more than 600,000 acres of Federal
forests. It is the home to Olympic National Park, one of the crown
jewels of the National Park System. And it overlooks the iconic Puget
Sound. So I am speaking today on behalf of the hundreds of Federal
workers who protect and manage these natural resources, from park
rangers to timber sale specialists to water quality monitors, who have
gone unpaid for almost 3 weeks.
But this isn't just about those Federal workers who have lost their
pay. I am also here to speak on behalf of the communities that depend
on these Federal resources, gateway communities like my hometown where
I grew up, Port Angeles, Washington, where the economy depends on park
visitors who come in and eat at local restaurants, stay in local
hotels, and gas up their cars; remote towns like Forks that count on
the Forest Service to maintain roads; Tribal communities like Taholah
that rely on resources from the Indian Health Service to support their
local health clinic; and cities like Tacoma that trust the
Environmental Protection Agency to protect the quality of their air and
their water.
Congress should end this shutdown now so that Federal workers can
receive the pay that they have earned for serving us and so that our
communities can again count on the government to provide taxpayers with
the services that they fund, services that belong to everyone in this
country.
This bill is a responsible way forward. It has already passed the
Senate with the support of 92 Senators, including Majority Leader
McConnell. Congress should not wait another day to pass this bill and
reopen these agencies, so I urge my colleagues to vote ``yes.''
Mr. CALVERT. Mr. Speaker, I point out to my friend from the State of
Washington that the earthquake warning system that we both worked on is
below the House number by $9.4 million. So that is unfortunate.
Mr. Speaker, I yield 4 minutes to the gentleman from Arkansas (Mr.
Westerman).
Mr. WESTERMAN. Mr. Speaker, I thank the gentleman from California for
yielding and for his hard work in putting together an appropriations
product of the House, which is a far cry from what this bill is. It is
not a product of the House. It is more like something you would get
from the bill of the month club. It has none of the House priorities
that have been debated here.
Mr. Speaker, I would like to think about the number 85. Eighty-five
people perished in the Camp fire last year in California. The blaze
destroyed an entire community, burned 14,000 homes, and left hundreds
of other Americans injured or homeless. Adding to that, the Camp fire
was just one of thousands of blazes that burned 9 million acres across
the country last year.
Let's face the facts. More and more Americans are living closer to
our Nation's forests. These forests are becoming sicker, drier, and
overstocked with flammable materials. When the temperatures rise and
the arid winds blow, we have seen firsthand how these unhealthy forests
become objects of mass destruction.
The U.S. Forest Service now estimates that there are at least 43
million homes in the wildland-urban interface. That is the part of our
country where forests and communities intersect. This is a major
increase from the 31 million homes that were located there less than 20
years ago.
Meanwhile, millions of acres of public land are at a high or severe
risk of wildfire. Like Paradise, California, some of these acres
directly threaten the communities and the Americans who live nearby.
Mr. Speaker, the notion that Congress would lower the level of
hazardous fuels reduction in the wake of all this is outrageous. At a
base level, the government must protect its citizens, and hazardous
fuels reduction is designed to remove the tinder that fuels these
deadly blazes. However, this version of the Interior appropriations
bill drops $21 million out of the hazardous fuels reduction account.
Mr. Speaker, we should be investing more on hazardous fuels reduction
and sound forest management, not less. Forest management is the
essential component in protecting Americans who live next to our
Nation's forests,
[[Page H495]]
again, forests that are getting drier and deadlier with each passing
year.
Further hazardous fuels reduction leads to all sorts of environmental
and economic benefits. In addition to protecting American lives, proper
forest management leads to cleaner water, more rural jobs, and less
carbon in the atmosphere.
{time} 1030
I am all for fiscal soundness, but, Mr. Speaker, cutting the
hazardous fuels money is illogical. It is like saying we prefer a pound
of cure over an ounce of prevention. While we may save money up front,
the American people are going to have to pay more over the long term as
taxpayers foot the bill to put out these blazes and property owners
have their homes and assets incinerated.
In closing, we should be investing in protecting lives and property
and being good stewards of our environment. Lowering the hazardous
reduction fuels account accomplishes the exact opposite, failing the
thousands of Americans who live in and around our forests.
Ms. McCOLLUM. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I think the gentleman and I would both be concerned. I
quote from one of President Trump's tweets: ``Billions of dollars are
sent to the State of California for forest fires that, with proper
forest management, would never happen. Unless they get their act
together, which is unlikely, I have ordered FEMA to send no more money.
It is a disgraceful situation in lives and money.''
Mr. Speaker, I would just like to note that the bill that we will
pass today, hopefully shortly, will provide $1.76 million more than
House Republicans passed last year for the Department of the Interior
wildland fire management and $26 million more for the U.S. Forest
Service for wildland fire management.
Mr. Speaker, I think we should all grieve for loss of life and loss
of property for those who have been impacted by our wildland fires.
Mr. Speaker, I yield 5 minutes to the gentleman from Arizona (Mr.
Grijalva), the chair of the House Natural Resources Committee.
Mr. GRIJALVA. Mr. Speaker, I rise today to add my voice of support
for the Interior appropriations bill to fund the government.
Trump's ongoing government shutdown has damaged our economy, our
national parks, and our public lands. This damage that we see is not an
inevitable outcome; this is directly Republican-inflicted damage.
Trump and his enablers seem happy to let this shutdown slow our
economy, hurt Indian Country, and put our national parks and public
lands at risk indefinitely.
It shouldn't be hard for our Republican colleagues to choose between
funding normal government operations or continuing to make people
suffer for the Trump ego and obsession.
This bill is nearly identical to the legislation that already passed
the Senate 92-6. It reopens vital agencies and returns our national
parks to normal business. This means we can clean up the trash and
repair the damage that has been done through this shutdown.
Opposing this bill encourages Trump to keep holding Americans hostage
to his delusional demands.
Ms. McCOLLUM. Will the gentleman yield for a question?
Mr. GRIJALVA. I gladly yield to the gentlewoman from Minnesota (Ms.
McCollum).
Ms. McCOLLUM. As you know, Mr. Chairman, I feel as strongly as you do
about the health and protection of our public lands. In your view, as
chairman of the committee that oversees the Interior Department, is the
administration protecting the quality of our public lands during this
shutdown?
Mr. GRIJALVA. Reclaiming my time, the administration has not done
enough to protect public safety or the quality of our public lands
during this shutdown. New roads have been bulldozed through protected
land in Joshua Tree National Park because staff was not there to
prevent it. Hikers have been injured and had to rely on volunteers to
carry them to safety. We all heard about the trash piling up at
precious sites across this country.
Every day, we see more damage to our public lands, and that involves,
also, the vandalism and looting on protected areas, cultural areas, and
historic resources in our public lands and parks. I haven't seen any
serious willingness from the administration to end this shutdown and
get back to normal operations.
Ironically, the permitting for gas, oil, and mining continues,
unabated, at the expense of the public taxpayers and employees and, of
course, our public lands and parks. Though the permitting process in
the refuge and in other parts of New Mexico and Oklahoma continues
unabated, this is one part of this shutdown that was not affected at
all.
Ms. McCOLLUM. Will the gentleman from Arizona (Mr. Grijalva) yield
once more?
Mr. GRIJALVA. I yield to the gentlewoman from Minnesota (Ms.
McCollum).
Ms. McCOLLUM. I agree with my colleague that this administration,
when it comes to public lands, is making matters worse, not better, by
choosing to keep some parks open during the Trump shutdown. This
political attempt to minimize the consequences of the shutdown will
only result in further damage to our national treasures and place the
safety of visitors at risk.
Using funds from fee collections to provide operations support to the
parks hurts the parks in two ways: This small funding stream cannot
replace the $2.5 billion we provide for park operations each year that
ensures the safety of visitors, maintains clean and orderly park
operations, and safeguards park assets. Redirecting these funds away
from their intended purpose delays the capital improvements needed to
sustain our parks for our future.
Because of this, I join the gentleman in urging the President to
close the parks for the remainder of this Trump shutdown or, better
yet, to sign this bill into law so that our parks can open fully and
safely.
Mr. GRIJALVA. Mr. Speaker, reclaiming my time, I am very grateful for
my friend's, Representative McCollum's, leadership on this issue and
for the tireless efforts of the Appropriations chair and Speaker
Pelosi. They are working on behalf of the people to fund and reopen
this government.
I want to make one particular note. While the harm to our parks has
been noted, the damage to Indian Country is less documented and, in
many cases, much more personal and devastating.
According to a January 1 New York Times report, the shutdown has
trapped members of the Navajo Nation in their homes due to unplowed
roads in remote areas and has put many Tribal members and their
families in severe economic stress.
Law enforcement officers continue working without pay because they
are Federal employees. Similar scenarios are reported and are playing
out in Tribal land across this Nation.
The National Council of Urban Indian Health found that 62 percent of
the Urban Indian Health Centers will need to cancel programs or cease
offering services if the shutdown continues. That process has already
begun.
Today, I launched an online tool for Americans to share their stories
of how the Trump shutdown impacts their lives. I ask them to share
their experience of being furloughed, forced to work without pay, and
turned away from visiting public lands and denied essential services.
Trump and his supporters need to listen to these stories. I encourage
everyone to speak out on social media with the hashtag my shutdown
story.
Mr. CALVERT. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I have served on the Appropriations Committee for a long
time, and I am proud of the work that we have been able to accomplish
in a bipartisan and bicameral manner, which is the history of the
Appropriations Committee.
Unfortunately, the Senate bill before us today forces us to choose
between abdicating our constitutional obligations and underfunding
important programs in a way that is unacceptable to me and my
constituents. I am afraid this is a bad precedent, and I hope that this
does not happen in the future: we just accept whatever the Senate
determines is the proper path forward.
I am disheartened by the Democrats' closed process that throws our
bipartisan House priorities and will neither
[[Page H496]]
secure our borders nor reopen the government. Rather than passing bills
to score political points, I urge my friends on the other side of the
aisle to work with us to find a solution that reflects the will of the
House, will pass in the Senate, and will be signed by the President.
Mr. Speaker, I yield back the balance of my time.
Ms. McCOLLUM. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I include in the Record two articles dealing with the
administration's illegal use of taking fees to keep our parks and
refuges open.
[From the Hill, Jan. 6, 2019]
House Panel To `Demand Answers' on Interior's Move To Use Visitor Fees
To Keep Parks Open
(By Miranda Green and Timothy Cama)
The House Natural Resources Committee intends to
investigate the Trump administration's decision to dip into
visitor fees to keep parks open, the panel's chairman warned
Sunday.
Rep. Raul Grijalva (D-Ariz.) said that his committee--which
oversees Interior--has plans to look into the legality of the
decision, saying the shutdown has done ``terrible damage'' to
the U.S.
``President Trump and his advisors apparently just woke up
to the fact that the shutdown they created several weeks ago
has done terrible damage to our country,'' Grijalva said in a
statement Sunday.
``This is not how a rational president behaves, and the
Natural Resources Committee will demand answers about whether
these moves are legally justified.''
The National Park Service (NPS) announced to staff Sunday a
plan to dip into ``entrance, camping, parking and other fees
collected from park visitors'' to pay staff to assist in
urgent maintenance needs at a number of national parks
overburdened by visitors during the recent government
shutdown.
``As the lapse in appropriations continues, it has become
clear that highly visited parks with limited staff have
urgent needs that cannot be addressed solely through the
generosity of our partners,'' Daniel Smith, NPS deputy
director, said in a statement obtained by The Hill.
Smith said he and acting Interior Secretary David Bernhardt
developed the plan to ``address the maintenance and
sanitation issues that have arisen at a number of highly
visited parks.''
``We are taking this extraordinary step to ensure that
parks are protected, and that visitors can continue to access
parks with limited basic services,'' the statement read.
Bernhardt signed a memorandum Saturday to use the fees
known as Federal Lands Recreation Enhancement Act money, The
Washington Post reported.
Jonathan Jarvis, who led the Park Service under President
Obama from 2009 to 2017, slammed the strategy as a
``significant departure'' from how the agency has
historically used the money parks.
``Since [the Federal Lands Recreation Enhancement Act's]
original passage, it's always been interpreted by the Park
Service as not available for operations,'' said Jarvis, who
worked in the agency for more than three decades, including
as director of the Pacific West region.
``This is a significant departure. It wasn't even a
consideration during the 16-day shutdown when I was
director,'' he said, referring to the 2013 shutdown. ``That's
eating your seed corn.''
Jarvis worried that using the fee money in this way would
take it away from park maintenance, which has a backlog
nearing $12 billion across the country.
Jarvis had officials close parks entirely during the 2013
shutdown, despite criticisms from Republicans and others.
He's been highly critical of the Trump administration's
strategy to keep them open with little to no staff.
``It sends a particular message that they don't really care
about the resource, and probably increasingly, they don't
seem to care about the visitor either,'' he said. ``They only
seem to care about the bad press that they're getting.''
The gates to most U.S. national parks were left open under
the most recent shutdown, which has extended since Dec. 22.
While visitors have been able to access parks, many services
including bathrooms and trash pick-up was suspended as
government employees were kept home. That's created a number
of headaches across the country at highly visited parks where
trash is piling up, bathrooms are at capacity and visitors
aren't being watched by experts.
At least one park, Joshua Tree National Park in California,
was shuttered due to ``health and safety concerns.''
While in the past access to national parks has been
restricted during a shutdown due to safety concerns, former
Interior Secretary Ryan Zinke made keeping parks up a
priority during his tenure.
During the last shutdown last January, Zinke told reporters
the parks shouldn't be used as a bargaining chip in shutdown
negotiations.
``Our public lands and our monuments really belong to the
people and not the government,'' he told CNN.
He said however, ``by law'' Interior wasn't allowed to
provide clean up services to parks.
``Law enforcement is still there. But things like cleaning
the bathrooms . . . and telling the story of our parks, which
is important--that side of it, while the `Schumer shutdown'
is in, by law we're not able to provide those services,''
Zinke said, mentioning the GOP label for the shutdown at the
time.
In an interview earlier this week Zinke told The Associated
Press that the public should ``Pitch in, grab a trash bag and
take some trash out.''
Zinke's last day at Interior was Jan. 2. He resigned from
the agency in December amid multiple ethics investigations.
However, Interior's plan to dip from the fee pot was laid
out clearly in its 2019 shutdown contingency plan, which
read: ``Parks that collect fees under the Federal Lands
Recreation Enhancement Act (FLREA) will utilize available
retained recreation fees balances to provide basic visitor
services in a manner that maintains restrooms and sanitation,
trash collection, road maintenance, campground operations,
law enforcement and emergency operations, and staffing
entrance gates as necessary to provide critical safety
information.''
Spokesmen for Interior and NPS did not return requests for
comment.
Critics are questioning the legality of Interior's decision
to use the park fees, money that is assigned by Congress to
pay for other federal expenses, including the department's
multibillion-dollar maintenance backlog.
Theresa Pierno, president of the National Parks
Conservation Association, called NPS's action the equivalent
of stealing.
``Instead of working to reopen the federal government, the
administration is robbing money collected from entrance fees
to operate our national parks during this shutdown,'' she
said in a statement.
``It's incredibly concerning that the Acting Interior
Secretary is putting political pressure on Superintendents to
keep parks open at the expense of parks' long-term needs and
protection.''
Out of the 418 park units across the country, 165 collect
fees, and they took in $285.2 million in fiscal year 2017,
according to a report last year by the Congressional Research
Service. Usually, at least 80 percent of that revenue has to
stay with the park that took it in, and the rest can go to
other parks.
At least one group, the National Park Hospitality
Association, applauded the agency's fee strategy. The
organization represents companies that operate businesses in
parks, like gift shops, restaurants and lodging.
``NPHA has actively supported visitor fee retention by
federal recreation providers and use of collected funds for
visitor-related purposes,'' Scott Socha, the group's chairman
and president for parks and resorts at Delware North Cos.,
said in a statement.
____
[PBS News Hour, Jan. 9, 2019]
Government Restaffs Wildlife Refuges During Shutdown To Allow Hunters
Access
(By Ellen Knickmeyer)
Washington.--The U.S. Fish and Wildlife Service is
directing dozens of wildlife refuges to return to work to
make sure hunters and others have access despite the
government shutdown, according to an email obtained Wednesday
by The Associated Press.
The partial restaffing of 38 wildlife refuges is angering
wildlife groups, who accuse the Trump administration of
trying to minimize the public impact of the more than two-
week-old shutdown to limit the political blowback for
President Donald Trump. Trump and Democrats in Congress are
locked in a dispute over Trump's demand for billions of
dollars for a wall on the southern U.S. border.
In an email sent Tuesday afternoon, Margaret Everson,
principal deputy director of the Fish and Wildlife Service,
cites ``opportunities, including hunting'' that are being
lost in the shutdown.
Everson advises in the email that 38 wildlife refuges
around the country will bring back some furloughed staff
using carryover funds.
``While many of our refuges have remained accessible, but
not staffed, the extended lapse in federal appropriations is
impacting both our ability to serve the public and to protect
natural resources under our care in some places,'' Everson
wrote.
``For the next 30 days, using previously appropriated
funds, we will bring back a limited number of employees to
resume work on high priority projects and activities that
support the Service's mission and meet the public's desire
for access to Refuge lands,'' Everson said in the email.
Everson did not immediately respond to an email from the AP
seeking comment.
The shutdown has forced federal agencies to stop paychecks
for hundreds of thousands of government employees, limiting
government services to only the most pressing, such as
Transportation Security Administration workers providing
security at airports without pay.
Unlike as in some past shutdowns, the Interior Department--
which oversees both wildlife refuges and national parks--
initially had directed national parks to stay open but with
little staffing, leading to pile-ups of uncollected garbage
and human waste in parks. The National Park Service over the
weekend said some parks could start using visitor fees to
staff during the shutdown.
On Wednesday, the National Wildlife Refuge Association, the
Coalition to Protect America's National Parks and the U.S.
Fish and Wildlife Service Retirees Association
[[Page H497]]
urged the Trump administration to keep national parks,
wildlife refuges and other public lands closed to the public
during the shutdown.
``It is simply impossible to steward these shared American
treasures properly, leaving thousands of lands and waters
accessible to the public with no staff on site, even for an
emergency,'' the groups wrote in a letter.
Desiree Sorenson-Groves of the National Wildlife Refuge
Association criticized the partial restaffing of some
wildlife refuges.
``If it wasn't essential to have these refuges open for the
past three weeks, how is it essential now?'' she asked. The
bottom line was the Trump administration was trying to ``make
this less painful to the American public,'' she said.
According to the email, the wildlife refuges being
restaffed include Oklahoma's Wichita Mountains, scene of an
annual winter elk hunt. The other national refuges staffing
up again stretch from the Midway Atoll in Hawaii to Florida's
Merritt Island.
Ms. McCOLLUM. Mr. Speaker, responsibility of funding the government
is one of Congress' most important duties. Republicans failed to meet
this obligation, and they have allowed President Trump to peddle chaos.
The Trump shutdown is creating uncertainty for families, businesses,
and communities. More than 800,000 employees are not getting paid
today. For that, I am deeply heartsick. Vital services are being
disrupted and small businesses are being forced to lay off employees.
Democrats are ready to end the Trump shutdown. The Interior bill has
already received bipartisan support from the Senate. After this House
bill passes, Senate Republicans will have a choice: pass their own bill
and end the shutdown, or reject it and keep the government closed.
On Monday, the National Governors Association sent a letter asserting
``a Federal Government shutdown should not be a negotiating tactic.'' I
agree with the Governors. I am sure that Federal employees whose
paychecks are being withheld today feel the same way.
Mr. Speaker, I urge my colleagues on both sides of the aisle to
support this bill, and I yield back the balance of my time.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 28, the previous question is ordered on
the bill.
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
Motion to Recommit
Mr. CALVERT. Mr. Speaker, I have a motion to recommit at the desk.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. CALVERT. In its current form, yes.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. Calvert moves to recommit the bill H.R. 266 to the
Committee on Appropriations with instructions to report the
same back to the House forthwith with the following
amendments:
Page 2, line 14, after the dollar amount, insert ``(reduced
by $6,000,000)''.
Page 3, line 8, after the dollar amount, insert ``(reduced
by $6,000,000)''.
Page 46, line 23, after the dollar amount, insert
``(increased by $6,000,000)''.
Page 47, line 4, after the dollar amount, insert
``(increased by $6,000,000)''.
Page 86, line 24, after the dollar amount, insert
``(increased by $15,000,000)''.
Page 87, line 6, after the dollar amount, insert
``(increased by $15,000,000)''.
Page 88, line 16, after the dollar amount, insert
``(reduced by $15,000,000)''.
Mr. CALVERT (during the reading). Mr. Speaker, I ask unanimous
consent to dispense with the reading.
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 the rule, the gentleman from
California is recognized for 5 minutes in support of his motion.
Mr. CALVERT. Mr. Speaker, the bill under consideration has $21
million less for a major House priority than what was included in the
fiscal year 2019 Interior and Environment bill passed in the last
Congress. I am talking about doing more to prevent and stop
catastrophic wildfires.
For the past 4 fiscal years, the House has prioritized funding to
improve our national forests and other Federal forestland through the
Department of the Interior's and the Forest Service's hazardous fuels
reduction programs. These programs use methods such as thinning,
prescribed burns, and removing underbrush to help unhealthy forests
return to a healthy condition.
In fiscal year 2018, Congress provided $614 million for these
programs. Last year, the House-passed bill increased that amount by $30
million for fiscal year 2019. The bill before us today, H.R. 266, only
provides a $9 million increase. My motion to recommit will fix this
major problem and save lives.
The increase is offset by a reduction in the Bureau of Land
Management's deferred maintenance account and the Forest Service's
capital improvement and maintenance account. These infrastructure
programs received significant increases in fiscal year 2018, and they
have a large carryover balance.
Mr. Speaker, my bottom line is that I cannot support a bill that does
less to prevent catastrophic wildfires. My home State of California
experienced deadly and record-setting wildfires last year. I was with
the President; former Governor Brown and current Governor Newsom; our
minority leader; and our colleague, Congressman LaMalfa, in Paradise
late last year. In 2017, I also visited Santa Rosa with my colleague
from the northern part of the State, Congressman Mike Thompson. The
devastation I saw was indescribable and heartbreaking.
While we can and should continue to debate what more needs to be done
to improve the health of our Nation's forests, I am proud that the
Interior and Environment Subcommittee, on a bipartisan and bicameral
basis, has led the way.
The subcommittee successfully negotiated a forest management reform
package and fire-borrowing fix as part of the fiscal year 2018 omnibus
appropriations bill. It allowed for more on-the-ground forest
management activities. These are the activities that prevent the
natural cycle of fires from exploding into terrible conditions.
{time} 1045
It provided smarter budgeting for wildfire suppression costs. The
budgeting reforms go into effect in fiscal year 2020.
I am certain that the new chair on the Interior, Environment, and
Related Agencies Subcommittee, my distinguished colleague and friend
from Minnesota, looks forward to that. It has been a pleasure to work
with her as partners on the forest management and wildland fire
budgeting issues.
Yet, there is more that we need to do. Today we can start by
supporting this motion. It will send a strong message to the Senate
that they should focus on this issue. More importantly, it will show
Californians and other Americans affected by wildfire that the House is
doing something about this problem.
Mr. Speaker, I urge my colleagues to support the motion, and I yield
back the balance of my time.
Ms. McCOLLUM. Mr. Speaker, I rise in opposition to this motion to
recommit.
The SPEAKER pro tempore. The gentlewoman from Minnesota is recognized
for 5 minutes.
Ms. McCOLLUM. Mr. Speaker, it is with great reluctance that I read
again the tweet by the President of the United States:
``Billions of dollars are sent to the State of California for forest
fires that, with proper forest management, would never happen. Unless
they get their act together, which is unlikely, I have ordered FEMA to
send no more money. It is a disgraceful situation in lives and money.''
That was the President of the United States.
Mr. Speaker, I don't even know where to begin with regards to the
President's recent threat to block disaster response funds to
Californians struggling to restore their lives, to get back in their
homes, after the devastating fires of last year, so I am going to spend
the rest of my time directly responding to this motion.
I think we can all agree, every single one of us, that preventing
wildfires is important, and my colleague and I just disagree on the
best path forward. I believe that the best path forward is to reopen
the government so the U.S. Forest Service can get back to work on the
activities that prevent wildfires, critical activities like the
hazardous fuel program that should be going on right
[[Page H498]]
now if we want to prevent fires this coming year.
Additionally, again, I would like to note that the bill that we
should pass today provides $1.7 million more than the House Republicans
passed last year for the Department of the Interior Wildland Fire
Management program and $227 million more for the U.S. Forestry Service
in wildland fire management.
Responsibly funding the Federal Government is one of the most
important duties of Congress. This previous majority failed to do so
with the most basic task of keeping the lights on.
Here we are, day 9 of the 116th Congress. We Democrats are ready to
reopen the Federal agencies that have been shut down by President
Trump.
This legislation has already garnered strong support--strong
bipartisan support, I would add--in the Senate. We need to ensure that
the Federal Government is open and that it is working for the American
people and that our Federal employees get the paychecks they deserve.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mr. CALVERT. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
____________________