[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5538 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 587
114th CONGRESS
2d Session
H. R. 5538
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 6, 2016
Received; read twice and placed on the calendar
_______________________________________________________________________
AN ACT
Making appropriations for the Department of the Interior, environment,
and related agencies for the fiscal year ending September 30, 2017, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Department of the Interior, environment, and
related agencies for the fiscal year ending September 30, 2017, and for
other purposes, namely:
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition
of easements and other interests in lands, and performance of other
functions, including maintenance of facilities, as authorized by law,
in the management of lands and their resources under the jurisdiction
of the Bureau of Land Management, including the general administration
of the Bureau, and assessment of mineral potential of public lands
pursuant to section 1010(a) of Public Law 96-487 (16 U.S.C. 3150(a)),
$1,081,922,000, to remain available until expended, including all such
amounts as are collected from permit processing fees, as authorized but
made subject to future appropriation by section 35(d)(3)(A)(i) of the
Mineral Leasing Act (30 U.S.C. 191), except that amounts from permit
processing fees may be used for any bureau-related expenses associated
with the processing of oil and gas applications for permits to drill
and related use of authorizations; of which $3,000,000 shall be
available in fiscal year 2017 subject to a match by at least an equal
amount by the National Fish and Wildlife Foundation for cost-shared
projects supporting conservation of Bureau lands; and such funds shall
be advanced to the Foundation as a lump-sum grant without regard to
when expenses are incurred.
In addition, $39,696,000 is for Mining Law Administration program
operations, including the cost of administering the mining claim fee
program, to remain available until expended, to be reduced by amounts
collected by the Bureau and credited to this appropriation from mining
claim maintenance fees and location fees that are hereby authorized for
fiscal year 2017, so as to result in a final appropriation estimated at
not more than $1,081,922,000, and $2,000,000, to remain available until
expended, from communication site rental fees established by the Bureau
for the cost of administering communication site activities.
land acquisition
For expenses necessary to carry out sections 205, 206, and 318(d)
of Public Law 94-579, including administrative expenses and acquisition
of lands or waters, or interests therein, $19,400,000, to be derived
from the Land and Water Conservation Fund and to remain available until
expended.
oregon and california grant lands
For expenses necessary for management, protection, and development
of resources and for construction, operation, and maintenance of access
roads, reforestation, and other improvements on the revested Oregon and
California Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adjacent rights-
of-way; and acquisition of lands or interests therein, including
existing connecting roads on or adjacent to such grant lands;
$106,985,000, to remain available until expended: Provided, That 25
percent of the aggregate of all receipts during the current fiscal year
from the revested Oregon and California Railroad grant lands is hereby
made a charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in accordance
with the second paragraph of subsection (b) of title II of the Act of
August 28, 1937 (43 U.S.C. 1181f).
range improvements
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant to
section 401 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1751), notwithstanding any other Act, sums equal to 50 percent
of all moneys received during the prior fiscal year under sections 3
and 15 of the Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount
designated for range improvements from grazing fees and mineral leasing
receipts from Bankhead-Jones lands transferred to the Department of the
Interior pursuant to law, but not less than $10,000,000, to remain
available until expended: Provided, That not to exceed $600,000 shall
be available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies of official
public land documents, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and
for rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579 (43 U.S.C. 1701 et seq.), and under
section 28 of the Mineral Leasing Act (30 U.S.C. 185), to remain
available until expended: Provided, That notwithstanding any provision
to the contrary of section 305(a) of Public Law 94-579 (43 U.S.C.
1735(a)), any moneys that have been or will be received pursuant to
that section, whether as a result of forfeiture, compromise, or
settlement, if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary to improve, protect,
or rehabilitate any public lands administered through the Bureau of
Land Management which have been damaged by the action of a resource
developer, purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action are used
on the exact lands damaged which led to the action: Provided further,
That any such moneys that are in excess of amounts needed to repair
damage to the exact land for which funds were collected may be used to
repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under existing
laws, there is hereby appropriated such amounts as may be contributed
under section 307 of Public Law 94-579 (43 U.S.C. 1737), and such
amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act (43 U.S.C. 1721(b)), to remain available
until expended.
administrative provisions
The Bureau of Land Management may carry out the operations funded
under this Act by direct expenditure, contracts, grants, cooperative
agreements and reimbursable agreements with public and private
entities, including with States. Appropriations for the Bureau shall be
available for purchase, erection, and dismantlement of temporary
structures, and alteration and maintenance of necessary buildings and
appurtenant facilities to which the United States has title; up to
$100,000 for payments, at the discretion of the Secretary, for
information or evidence concerning violations of laws administered by
the Bureau; miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be accounted
for solely on the Secretary's certificate, not to exceed $10,000:
Provided, That notwithstanding Public Law 90-620 (44 U.S.C. 501), the
Bureau may, under cooperative cost-sharing and partnership arrangements
authorized by law, procure printing services from cooperators in
connection with jointly produced publications for which the cooperators
share the cost of printing either in cash or in services, and the
Bureau determines the cooperator is capable of meeting accepted quality
standards: Provided further, That projects to be funded pursuant to a
written commitment by a State government to provide an identified
amount of money in support of the project may be carried out by the
Bureau on a reimbursable basis. Appropriations herein made shall not be
available for the destruction of healthy, unadopted, wild horses and
burros in the care of the Bureau or its contractors or for the sale of
wild horses and burros that results in their destruction for processing
into commercial products: Provided further, That the Secretary shall
approve any use of a right-of-way granted pursuant to the General
Railroad Right-of-Way Act of 1875 (43 U.S.C. 934-939) if authorization
of the use would have been considered under Department policy to be
within the scope of a railroad's authority as of the day before the
effective date of the Department's Solicitor's Opinion M-37025, issued
on November 4, 2011.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic studies,
general administration, and for the performance of other authorized
functions related to such resources, $1,255,004,000 (reduced by
$1,000,000) (increased by $1,000,000), to remain available until
September 30, 2018: Provided, That not to exceed $14,411,000 shall be
used for implementing subsections (a), (b), (c), and (e) of section 4
of the Endangered Species Act of 1973 (16 U.S.C. 1533) (except for
processing petitions, developing and issuing proposed and final
regulations, and taking any other steps to implement actions described
in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not
to exceed $1,501,000 shall be used for any activity regarding the
designation of critical habitat, pursuant to subsection (a)(3),
excluding litigation support, for species listed pursuant to subsection
(a)(1) prior to October 1, 2015; of which not to exceed $1,501,000
shall be used for any activity regarding petitions for species that are
indigenous to the United States pursuant to subsections (b)(3)(A) and
(b)(3)(B); and, of which not to exceed $1,504,000 shall be used for
implementing subsections (a), (b), (c), and (e) of section 4 of the
Endangered Species Act of 1973 (16 U.S.C. 1533) for species that are
not indigenous to the United States.
construction
For construction, improvement, acquisition, or removal of buildings
and other facilities required in the conservation, management,
investigation, protection, and utilization of fish and wildlife
resources, and the acquisition of lands and interests therein;
$14,837,000, to remain available until expended.
land acquisition
For expenses necessary to carry out chapter 2003 of title 54,
United States Code, including administrative expenses, and for
acquisition of land or waters, or interest therein, in accordance with
statutory authority applicable to the United States Fish and Wildlife
Service, $50,300,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended, of which,
notwithstanding section 200306 of title 54, United States Code, not
more than $10,000,000 shall be for land conservation partnerships
authorized by the Highlands Conservation Act of 2004, including not to
exceed $320,000 for administrative expenses: Provided, That none of the
funds appropriated for specific land acquisition projects may be used
to pay for any administrative overhead, planning or other management
costs.
cooperative endangered species conservation fund
For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1535), $55,590,000, to remain available
until expended, of which $24,790,000 is to be derived from the
Cooperative Endangered Species Conservation Fund; and of which
$30,800,000 is to be derived from the Land and Water Conservation Fund.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act (16 U.S.C. 4401 et seq.),
$37,645,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6101 et seq.), $3,910,000, to remain
available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and
Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great Ape
Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine
Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $11,061,000,
to remain available until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the District of
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the
Northern Mariana Islands, American Samoa, and Indian tribes under the
provisions of the Fish and Wildlife Act of 1956 and the Fish and
Wildlife Coordination Act, for the development and implementation of
programs for the benefit of wildlife and their habitat, including
species that are not hunted or fished, $62,571,000, to remain available
until expended: Provided, That of the amount provided herein,
$4,334,000 is for a competitive grant program for Indian tribes not
subject to the remaining provisions of this appropriation: Provided
further, That $7,237,000 is for a competitive grant program to
implement approved plans for States, territories, and other
jurisdictions and at the discretion of affected States, the regional
Associations of fish and wildlife agencies, not subject to the
remaining provisions of this appropriation: Provided further, That the
Secretary shall, after deducting $11,571,000 and administrative
expenses, apportion the amount provided herein in the following manner:
(1) to the District of Columbia and to the Commonwealth of Puerto Rico,
each a sum equal to not more than one-half of 1 percent thereof; and
(2) to Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands, each a sum equal to not
more than one-fourth of 1 percent thereof: Provided further, That the
Secretary shall apportion the remaining amount in the following manner:
(1) one-third of which is based on the ratio to which the land area of
such State bears to the total land area of all such States; and (2)
two-thirds of which is based on the ratio to which the population of
such State bears to the total population of all such States: Provided
further, That the amounts apportioned under this paragraph shall be
adjusted equitably so that no State shall be apportioned a sum which is
less than 1 percent of the amount available for apportionment under
this paragraph for any fiscal year or more than 5 percent of such
amount: Provided further, That the Federal share of planning grants
shall not exceed 75 percent of the total costs of such projects and the
Federal share of implementation grants shall not exceed 65 percent of
the total costs of such projects: Provided further, That the non-
Federal share of such projects may not be derived from Federal grant
programs: Provided further, That any amount apportioned in 2017 to any
State, territory, or other jurisdiction that remains unobligated as of
September 30, 2018, shall be reapportioned, together with funds
appropriated in 2019, in the manner provided herein.
administrative provisions
The United States Fish and Wildlife Service may carry out the
operations of Service programs by direct expenditure, contracts,
grants, cooperative agreements and reimbursable agreements with public
and private entities. Appropriations and funds available to the United
States Fish and Wildlife Service shall be available for repair of
damage to public roads within and adjacent to reservation areas caused
by operations of the Service; options for the purchase of land at not
to exceed $1 for each option; facilities incident to such public
recreational uses on conservation areas as are consistent with their
primary purpose; and the maintenance and improvement of aquaria,
buildings, and other facilities under the jurisdiction of the Service
and to which the United States has title, and which are used pursuant
to law in connection with management, and investigation of fish and
wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the
Service may, under cooperative cost sharing and partnership
arrangements authorized by law, procure printing services from
cooperators in connection with jointly produced publications for which
the cooperators share at least one-half the cost of printing either in
cash or services and the Service determines the cooperator is capable
of meeting accepted quality standards: Provided further, That the
Service may accept donated aircraft as replacements for existing
aircraft: Provided further, That notwithstanding 31 U.S.C. 3302, all
fees collected for non-toxic shot review and approval shall be
deposited under the heading ``United States Fish and Wildlife Service--
Resource Management'' and shall be available to the Secretary, without
further appropriation, to be used for expenses of processing of such
non-toxic shot type or coating applications and revising regulations as
necessary, and shall remain available until expended: Provided further,
that none of the funds made available to the Service by this Act may be
used to close or otherwise terminate operations of any of the 90 units
of the National Fish Hatchery System.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National Park
Service and for the general administration of the National Park
Service, $2,435,047,000 (increased by $2,500,000), of which $10,032,000
for planning and interagency coordination in support of Everglades
restoration and $134,461,000 for maintenance, repair, or rehabilitation
projects for constructed assets shall remain available until September
30, 2018: Provided, That funds appropriated under this heading in this
Act are available for the purposes of section 5 of Public Law 95-348.
national recreation and preservation
For expenses necessary to carry out recreation programs, natural
programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs, and
grant administration, not otherwise provided for, $62,632,000.
historic preservation fund
For expenses necessary in carrying out the National Historic
Preservation Act (division A of subtitle III of title 54, United States
Code), $78,410,000 (increased by $1,000,000) (increased by $2,000,000)
(increased by $2,000,000), to be derived from the Historic Preservation
Fund and to remain available until September 30, 2018, of which
$5,000,000 shall be for Save America's Treasures grants for
preservation of national significant sites, structures, and artifacts
as authorized by section 7303 of the Omnibus Public Land Management Act
of 2009 (54 U.S.C. 3089): Provided, That an individual Save America's
Treasures grant shall be matched by non-Federal funds: Provided
further, That individual projects shall only be eligible for one grant:
Provided further, That all projects to be funded shall be approved by
the Secretary of the Interior in consultation with the House and Senate
Committees on Appropriations: Provided further, That of the funds
provided for the Historic Preservation Fund, $500,000 is for
competitive grants for the survey and nomination of properties to the
National Register of Historic Places and as National Historic Landmarks
associated with communities currently underrepresented, as determined
by the Secretary, $11,000,000 (increased by $2,000,000) is for
competitive grants to preserve the sites and stories of the Civil
Rights movement, and $3,000,000 (increased by $2,000,000) is for grants
to Historically Black Colleges and Universities: Provided further, That
such competitive grants shall be made without imposing the matching
requirements in section 302902(b)(3) of title 54, United States Code to
States and Indian tribes as defined in chapter 3003 of such title,
Native Hawaiian organizations, local governments, including Certified
Local Governments, and nonprofit organizations.
construction
For construction, improvements, repair, or replacement of physical
facilities, and compliance and planning for programs and areas
administered by the National Park Service, $215,707,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, for any project initially funded in fiscal year 2017
with a future phase indicated in the National Park Service 5-Year Line
Item Construction Plan, a single procurement may be issued which
includes the full scope of the project: Provided further, That the
solicitation and contract shall contain the clause availability of
funds found at 48 CFR 52.232-18: Provided further, That National Park
Service Donations, Park Concessions Franchise Fees, and Recreation Fees
may be made available for the cost of adjustments and changes within
the original scope of effort for projects funded by the National Park
Service Construction appropriation: Provided further, That the
Secretary of the Interior shall consult with the Committees on
Appropriations, in accordance with current reprogramming thresholds,
prior to making any charges authorized by this section.
land and water conservation fund
(rescission)
The contract authority provided for fiscal year 2017 by section
200308 of title 54, United States Code, is rescinded.
land acquisition and state assistance
For expenses necessary to carry out chapter 2003 of title 54,
United States Code, including administrative expenses, and for
acquisition of lands or waters, or interest therein, in accordance with
the statutory authority applicable to the National Park Service,
$128,752,000, to be derived from the Land and Water Conservation Fund
and to remain available until expended, of which $80,000,000 is for the
State assistance program and of which $10,000,000 shall be for the
American Battlefield Protection Program grants as authorized by chapter
3081 of title 54, United States Code.
centennial challenge
For expenses necessary to carry out the provisions of section
101701 of title 54, United States Code, relating to challenge cost
share agreements, $30,000,000, to remain available until expended, for
Centennial Challenge projects and programs: Provided, That not less
than 50 percent of the total cost of each project or program shall be
derived from non-Federal sources in the form of donated cash, assets,
or a pledge of donation guaranteed by an irrevocable letter of credit.
administrative provisions
(including transfer of funds)
In addition to other uses set forth in section 101917(c)(2) of
title 54, United States Code, franchise fees credited to a sub-account
shall be available for expenditure by the Secretary, without further
appropriation, for use at any unit within the National Park System to
extinguish or reduce liability for Possessory Interest or leasehold
surrender interest. Such funds may only be used for this purpose to the
extent that the benefitting unit anticipated franchise fee receipts
over the term of the contract at that unit exceed the amount of funds
used to extinguish or reduce liability. Franchise fees at the
benefitting unit shall be credited to the sub-account of the
originating unit over a period not to exceed the term of a single
contract at the benefitting unit, in the amount of funds so expended to
extinguish or reduce liability.
For the costs of administration of the Land and Water Conservation
Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico
Energy Security Act of 2006 (Public Law 109-432), the National Park
Service may retain up to 3 percent of the amounts which are authorized
to be disbursed under such section, such retained amounts to remain
available until expended.
National Park Service funds may be transferred to the Federal
Highway Administration (FHWA), Department of Transportation, for
purposes authorized under 23 U.S.C. 204. Transfers may include a
reasonable amount for FHWA administrative support costs.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological Survey to
perform surveys, investigations, and research covering topography,
geology, hydrology, biology, and the mineral and water resources of the
United States, its territories and possessions, and other areas as
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to power
permittees and Federal Energy Regulatory Commission licensees;
administer the minerals exploration program (30 U.S.C. 641); conduct
inquiries into the economic conditions affecting mining and materials
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1))
and related purposes as authorized by law; and to publish and
disseminate data relative to the foregoing activities; $1,080,006,000,
to remain available until September 30, 2018; of which $63,637,189
shall remain available until expended for satellite operations; and of
which $7,280,000 shall be available until expended for deferred
maintenance and capital improvement projects that exceed $100,000 in
cost: Provided, That none of the funds provided for the ecosystem
research activity shall be used to conduct new surveys on private
property, unless specifically authorized in writing by the property
owner: Provided further, That no part of this appropriation shall be
used to pay more than one-half the cost of topographic mapping or water
resources data collection and investigations carried on in cooperation
with States and municipalities.
administrative provisions
From within the amount appropriated for activities of the United
States Geological Survey such sums as are necessary shall be available
for contracting for the furnishing of topographic maps and for the
making of geophysical or other specialized surveys when it is
administratively determined that such procedures are in the public
interest; construction and maintenance of necessary buildings and
appurtenant facilities; acquisition of lands for gauging stations and
observation wells; expenses of the United States National Committee for
Geological Sciences; and payment of compensation and expenses of
persons employed by the Survey duly appointed to represent the United
States in the negotiation and administration of interstate compacts:
Provided, That activities funded by appropriations herein made may be
accomplished through the use of contracts, grants, or cooperative
agreements as defined in section 6302 of title 31, United States Code:
Provided further, That the United States Geological Survey may enter
into contracts or cooperative agreements directly with individuals or
indirectly with institutions or nonprofit organizations, without regard
to 41 U.S.C. 6101, for the temporary or intermittent services of
students or recent graduates, who shall be considered employees for the
purpose of chapters 57 and 81 of title 5, United States Code, relating
to compensation for travel and work injuries, and chapter 171 of title
28, United States Code, relating to tort claims, but shall not be
considered to be Federal employees for any other purposes.
Bureau of Ocean Energy Management
ocean energy management
For expenses necessary for granting leases, easements, rights-of-
way and agreements for use for oil and gas, other minerals, energy, and
marine-related purposes on the Outer Continental Shelf and approving
operations related thereto, as authorized by law; for environmental
studies, as authorized by law; for implementing other laws and to the
extent provided by Presidential or Secretarial delegation; and for
matching grants or cooperative agreements, $169,306,000, of which
$74,362,000, is to remain available until September 30, 2018, and of
which $94,944,000 is to remain available until expended: Provided, That
this total appropriation shall be reduced by amounts collected by the
Secretary and credited to this appropriation from additions to receipts
resulting from increases to lease rental rates in effect on August 5,
1993, and from cost recovery fees from activities conducted by the
Bureau of Ocean Energy Management pursuant to the Outer Continental
Shelf Lands Act, including studies, assessments, analysis, and
miscellaneous administrative activities: Provided further, That the sum
herein appropriated shall be reduced as such collections are received
during the fiscal year, so as to result in a final fiscal year 2017
appropriation estimated at not more than $74,362,000: Provided further,
That not to exceed $3,000 shall be available for reasonable expenses
related to promoting volunteer beach and marine cleanup activities.
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
(including rescission of funds)
For expenses necessary for the regulation of operations related to
leases, easements, rights-of-way and agreements for use for oil and
gas, other minerals, energy, and marine-related purposes on the Outer
Continental Shelf, as authorized by law; for enforcing and implementing
laws and regulations as authorized by law and to the extent provided by
Presidential or Secretarial delegation; and for matching grants or
cooperative agreements, $136,968,000, of which $93,438,000 is to remain
available until September 30, 2018, and of which $43,530,000 is to
remain available until expended: Provided, That this total
appropriation shall be reduced by amounts collected by the Secretary
and credited to this appropriation from additions to receipts resulting
from increases to lease rental rates in effect on August 5, 1993, and
from cost recovery fees from activities conducted by the Bureau of
Safety and Environmental Enforcement pursuant to the Outer Continental
Shelf Lands Act, including studies, assessments, analysis, and
miscellaneous administrative activities: Provided further, That the sum
herein appropriated shall be reduced as such collections are received
during the fiscal year, so as to result in a final fiscal year 2017
appropriation estimated at not more than $93,438,000.
For an additional amount, $53,000,000, to remain available until
expended, to be reduced by amounts collected by the Secretary and
credited to this appropriation, which shall be derived from non-
refundable inspection fees collected in fiscal year 2017, as provided
in this Act: Provided, That to the extent that amounts realized from
such inspection fees exceed $53,000,000, the amounts realized in excess
of $53,000,000 shall be credited to this appropriation and remain
available until expended: Provided further, That for fiscal year 2017,
not less than 50 percent of the inspection fees expended by the Bureau
of Safety and Environmental Enforcement will be used to fund personnel
and mission-related costs to expand capacity and expedite the orderly
development, subject to environmental safeguards, of the Outer
Continental Shelf pursuant to the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.), including the review of applications for permits
to drill.
Of the unobligated balances available for this account, $20,000,000
are permanently rescinded.
oil spill research
For necessary expenses to carry out title I, section 1016, title
IV, sections 4202 and 4303, title VII, and title VIII, section 8201 of
the Oil Pollution Act of 1990, $14,899,000, which shall be derived from
the Oil Spill Liability Trust Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
$119,300,000, to remain available until September 30, 2018: Provided,
That appropriations for the Office of Surface Mining Reclamation and
Enforcement may provide for the travel and per diem expenses of State
and tribal personnel attending Office of Surface Mining Reclamation and
Enforcement sponsored training.
In addition, for costs to review, administer, and enforce permits
issued by the Office pursuant to section 507 of Public Law 95-87 (30
U.S.C. 1257), $40,000, to remain available until expended: Provided,
That fees assessed and collected by the Office pursuant to such section
507 shall be credited to this account as discretionary offsetting
collections, to remain available until expended: Provided further, That
the sum herein appropriated from the general fund shall be reduced as
collections are received during the fiscal year, so as to result in a
fiscal year 2017 appropriation estimated at not more than $119,300,000.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, $27,303,000, to
be derived from receipts of the Abandoned Mine Reclamation Fund and to
remain available until expended: Provided, That pursuant to Public Law
97-365, the Department of the Interior is authorized to use up to 20
percent from the recovery of the delinquent debt owed to the United
States Government to pay for contracts to collect these debts: Provided
further, That funds made available under title IV of Public Law 95-87
may be used for any required non-Federal share of the cost of projects
funded by the Federal Government for the purpose of environmental
restoration related to treatment or abatement of acid mine drainage
from abandoned mines: Provided further, That such projects must be
consistent with the purposes and priorities of the Surface Mining
Control and Reclamation Act: Provided further, That amounts provided
under this heading may be used for the travel and per diem expenses of
State and tribal personnel attending Office of Surface Mining
Reclamation and Enforcement sponsored training.
In addition, $90,000,000 (increased by $15,000,000), to remain
available until expended, for grants to States for reclamation of
abandoned mine lands and other related activities in accordance with
the terms and conditions in the report accompanying this Act: Provided,
That such additional amount shall be used for economic and community
development in conjunction with the priorities in section 403(a) of the
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(a)):
Provided further, That of such additional amount, $75,000,000 shall be
distributed in equal amounts to the 3 Appalachian States with the
greatest amount of unfunded needs to meet the priorities described in
paragraphs (1) and (2) of such section, and $15,000,000 (increased by
$15,000,000) shall be distributed in equal amounts to the 3 Appalachian
States with the subsequent greatest amount of unfunded needs to meet
such priorities: Provided further, That such additional amount shall be
allocated to States within 60 days after the date of enactment of this
Act.
Bureau of Indian Affairs and Bureau of Indian Education
operation of indian programs
(including transfer of funds)
For expenses necessary for the operation of Indian programs, as
authorized by law, including the Snyder Act of November 2, 1921 (25
U.S.C. 13), the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 450 et seq.), the Education Amendments of 1978 (25
U.S.C. 2001-2019), and the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2501 et seq.), $2,335,635,000 (increased by $1,500,000), to
remain available until September 30, 2018, except as otherwise provided
herein; of which not to exceed $8,500 may be for official reception and
representation expenses; of which not to exceed $74,773,000 shall be
for welfare assistance payments: Provided, That in cases of designated
Federal disasters, the Secretary may exceed such cap, from the amounts
provided herein, to provide for disaster relief to Indian communities
affected by the disaster: Provided further, That federally recognized
Indian tribes and tribal organizations of federally recognized Indian
tribes may use their tribal priority allocations for unmet welfare
assistance costs: Provided further, That not to exceed $652,282,000 for
school operations costs of Bureau-funded schools and other education
programs shall become available on July 1, 2017, and shall remain
available until September 30, 2018: Provided further, That not to
exceed $48,815,000 (increased by $1,500,000) shall remain available
until expended for housing improvement, road maintenance, attorney
fees, litigation support, land records improvement, and the Navajo-Hopi
Settlement Program: Provided further, That notwithstanding any other
provision of law, including but not limited to the Indian Self-
Determination Act of 1975 (25 U.S.C. 450f et seq.) and section 1128 of
the Education Amendments of 1978 (25 U.S.C. 2008), not to exceed
$75,335,000 within and only from such amounts made available for school
operations shall be available for administrative cost grants associated
with grants approved prior to July 1, 2017: Provided further, That any
forestry funds allocated to a federally recognized tribe which remain
unobligated as of September 30, 2018, may be transferred during fiscal
year 2019 to an Indian forest land assistance account established for
the benefit of the holder of the funds within the holder's trust fund
account: Provided further, That any such unobligated balances not so
transferred shall expire on September 30, 2019: Provided further, That
in order to enhance the safety of Bureau field employees, the Bureau
may use funds to purchase uniforms or other identifying articles of
clothing for personnel.
contract support costs
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and Education
Assistance Act agreements with the Bureau of Indian Affairs for fiscal
year 2017, such sums as may be necessary, which shall be available for
obligation through September 30, 2018: Provided, That notwithstanding
any other provision of law, no amounts made available under this
heading shall be available for transfer to another budget account.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services by
contract; acquisition of lands, and interests in lands; and preparation
of lands for farming, and for construction of the Navajo Indian
Irrigation Project pursuant to Public Law 87-483, $197,017,000, to
remain available until expended: Provided, That such amounts as may be
available for the construction of the Navajo Indian Irrigation Project
may be transferred to the Bureau of Reclamation: Provided further, That
not to exceed 6 percent of contract authority available to the Bureau
of Indian Affairs from the Federal Highway Trust Fund may be used to
cover the road program management costs of the Bureau: Provided
further, That any funds provided for the Safety of Dams program
pursuant to 25 U.S.C. 13 shall be made available on a nonreimbursable
basis: Provided further, That for fiscal year 2017, in implementing new
construction, replacement facilities construction, or facilities
improvement and repair project grants in excess of $100,000 that are
provided to grant schools under Public Law 100-297, the Secretary of
the Interior shall use the Administrative and Audit Requirements and
Cost Principles for Assistance Programs contained in 43 CFR part 12 as
the regulatory requirements: Provided further, That such grants shall
not be subject to section 12.61 of 43 CFR; the Secretary and the
grantee shall negotiate and determine a schedule of payments for the
work to be performed: Provided further, That in considering grant
applications, the Secretary shall consider whether such grantee would
be deficient in assuring that the construction projects conform to
applicable building standards and codes and Federal, tribal, or State
health and safety standards as required by 25 U.S.C. 2005(b), with
respect to organizational and financial management capabilities:
Provided further, That if the Secretary declines a grant application,
the Secretary shall follow the requirements contained in 25 U.S.C.
2504(f): Provided further, That any disputes between the Secretary and
any grantee concerning a grant shall be subject to the disputes
provision in 25 U.S.C. 2507(e): Provided further, That in order to
ensure timely completion of construction projects, the Secretary may
assume control of a project and all funds related to the project, if,
within 18 months of the date of enactment of this Act, any grantee
receiving funds appropriated in this Act or in any prior Act, has not
completed the planning and design phase of the project and commenced
construction: Provided further, That this appropriation may be
reimbursed from the Office of the Special Trustee for American Indians
appropriation for the appropriate share of construction costs for space
expansion needed in agency offices to meet trust reform implementation.
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements pursuant to
Public Laws 99-264, 100-580, 101-618, 111-11, and 111-291, and for
implementation of other land and water rights settlements, $49,025,000,
to remain available until expended.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans, $8,757,000, of
which $1,182,000 is for administrative expenses, as authorized by the
Indian Financing Act of 1974: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds
are available to subsidize total loan principal, any part of which is
to be guaranteed or insured, not to exceed $120,050,595.
administrative provisions
The Bureau of Indian Affairs may carry out the operation of Indian
programs by direct expenditure, contracts, cooperative agreements,
compacts, and grants, either directly or in cooperation with States and
other organizations.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs may
contract for services in support of the management, operation, and
maintenance of the Power Division of the San Carlos Irrigation Project.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Affairs for central office oversight and Executive
Direction and Administrative Services (except executive direction and
administrative services funding for Tribal Priority Allocations,
regional offices, and facilities operations and maintenance) shall be
available for contracts, grants, compacts, or cooperative agreements
with the Bureau of Indian Affairs under the provisions of the Indian
Self-Determination Act or the Tribal Self-Governance Act of 1994
(Public Law 103-413).
In the event any tribe returns appropriations made available by
this Act to the Bureau of Indian Affairs, this action shall not
diminish the Federal Government's trust responsibility to that tribe,
or the government-to-government relationship between the United States
and that tribe, or that tribe's ability to access future
appropriations.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Education, other than the amounts provided herein
for assistance to public schools under 25 U.S.C. 452 et seq., shall be
available to support the operation of any elementary or secondary
school in the State of Alaska.
No funds available to the Bureau of Indian Education shall be used
to support expanded grades for any school or dormitory beyond the grade
structure in place or approved by the Secretary of the Interior at each
school in the Bureau of Indian Education school system as of October 1,
1995, except that the Secretary of the Interior may waive this
prohibition to support expansion of up to one additional grade when the
Secretary determines such waiver is needed to support accomplishment of
the mission of the Bureau of Indian Education. Appropriations made
available in this or any prior Act for schools funded by the Bureau
shall be available, in accordance with the Bureau's funding formula,
only to the schools in the Bureau school system as of September 1,
1996, and to any school or school program that was reinstated in fiscal
year 2012. Funds made available under this Act may not be used to
establish a charter school at a Bureau-funded school (as that term is
defined in section 1141 of the Education Amendments of 1978 (25 U.S.C.
2021)), except that a charter school that is in existence on the date
of the enactment of this Act and that has operated at a Bureau-funded
school before September 1, 1999, may continue to operate during that
period, but only if the charter school pays to the Bureau a pro rata
share of funds to reimburse the Bureau for the use of the real and
personal property (including buses and vans), the funds of the charter
school are kept separate and apart from Bureau funds, and the Bureau
does not assume any obligation for charter school programs of the State
in which the school is located if the charter school loses such
funding. Employees of Bureau-funded schools sharing a campus with a
charter school and performing functions related to the charter school's
operation and employees of a charter school shall not be treated as
Federal employees for purposes of chapter 171 of title 28, United
States Code.
Notwithstanding any other provision of law, including section 113
of title I of appendix C of Public Law 106-113, if in fiscal year 2003
or 2004 a grantee received indirect and administrative costs pursuant
to a distribution formula based on section 5(f) of Public Law 101-301,
the Secretary shall continue to distribute indirect and administrative
cost funds to such grantee using the section 5(f) distribution formula.
Funds available under this Act may not be used to establish
satellite locations of schools in the Bureau school system as of
September 1, 1996, except that the Secretary may waive this prohibition
in order for an Indian tribe to provide language and cultural immersion
educational programs for non-public schools located within the
jurisdictional area of the tribal government which exclusively serve
tribal members, do not include grades beyond those currently served at
the existing Bureau-funded school, provide an educational environment
with educator presence and academic facilities comparable to the
Bureau-funded school, comply with all applicable Tribal, Federal, or
State health and safety standards, and the Americans with Disabilities
Act, and demonstrate the benefits of establishing operations at a
satellite location in lieu of incurring extraordinary costs, such as
for transportation or other impacts to students such as those caused by
busing students extended distances: Provided, That no funds available
under this Act may be used to fund operations, maintenance,
rehabilitation, construction or other facilities-related costs for such
assets that are not owned by the Bureau: Provided further, That the
term ``satellite school'' means a school location physically separated
from the existing Bureau school by more than 50 miles but that forms
part of the existing school in all other respects.
Departmental Offices
Office of the Secretary
departmental operations
For necessary expenses for management of the Department of the
Interior, including the collection and disbursement of royalties, fees,
and other mineral revenue proceeds, and for grants and cooperative
agreements, as authorized by law, $749,422,000 (reduced by $2,500,000)
(reduced by $1,000,000) (reduced by $2,000,000) (reduced by
$2,000,000), to remain available until September 30, 2018; of which not
to exceed $15,000 may be for official reception and representation
expenses; and of which up to $1,000,000 shall be available for workers
compensation payments and unemployment compensation payments associated
with the orderly closure of the United States Bureau of Mines; and of
which $10,000,000 for the Office of Valuation Services is to be derived
from the Land and Water Conservation Fund and shall remain available
until expended; and of which $38,300,000 shall remain available until
expended for the purpose of mineral revenue management activities:
Provided, That notwithstanding any other provision of law, $15,000
under this heading shall be available for refunds of overpayments in
connection with certain Indian leases in which the Secretary concurred
with the claimed refund due, to pay amounts owed to Indian allottees or
tribes, or to correct prior unrecoverable erroneous payments.
administrative provisions
For fiscal year 2017, up to $400,000 of the payments authorized by
the Act of October 20, 1976 (31 U.S.C. 6901-6907) may be retained for
administrative expenses of the Payments in Lieu of Taxes Program:
Provided, That no payment shall be made pursuant to that Act to
otherwise eligible units of local government if the computed amount of
the payment is less than $100: Provided further, That the Secretary may
reduce the payment authorized by 31 U.S.C. 6901-6907 for an individual
county by the amount necessary to correct prior year overpayments to
that county: Provided further, That the amount needed to correct a
prior year underpayment to an individual county shall be paid from any
reductions for overpayments to other counties and the amount necessary
to cover any remaining underpayment is hereby appropriated and shall be
paid to individual counties: Provided further, That of the total amount
made available by this title for ``Office of the Secretary--
Departmental Operations'', $480,000,000 shall be available to the
Secretary of the Interior for fiscal year 2017 for payments in lieu of
taxes under chapter 69 of title 31, United States Code.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior and other jurisdictions
identified in section 104(e) of Public Law 108-188, $86,976,000, of
which: (1) $77,528,000 shall remain available until expended for
territorial assistance, including general technical assistance,
maintenance assistance, disaster assistance, coral reef initiative
activities, and brown tree snake control and research; grants to the
judiciary in American Samoa for compensation and expenses, as
authorized by law (48 U.S.C. 1661(c)); grants to the Government of
American Samoa, in addition to current local revenues, for construction
and support of governmental functions; grants to the Government of the
Virgin Islands as authorized by law; grants to the Government of Guam,
as authorized by law; and grants to the Government of the Northern
Mariana Islands as authorized by law (Public Law 94-241; 90 Stat. 272);
and (2) $9,448,000 shall be available until September 30, 2018, for
salaries and expenses of the Office of Insular Affairs: Provided, That
all financial transactions of the territorial and local governments
herein provided for, including such transactions of all agencies or
instrumentalities established or used by such governments, may be
audited by the Government Accountability Office, at its discretion, in
accordance with chapter 35 of title 31, United States Code: Provided
further, That Northern Mariana Islands Covenant grant funding shall be
provided according to those terms of the Agreement of the Special
Representatives on Future United States Financial Assistance for the
Northern Mariana Islands approved by Public Law 104-134: Provided
further, That the funds for the program of operations and maintenance
improvement are appropriated to institutionalize routine operations and
maintenance improvement of capital infrastructure with territorial
participation and cost sharing to be determined by the Secretary based
on the grantee's commitment to timely maintenance of its capital
assets: Provided further, That any appropriation for disaster
assistance under this heading in this Act or previous appropriations
Acts may be used as non-Federal matching funds for the purpose of
hazard mitigation grants provided pursuant to section 404 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170c).
compact of free association
For grants and necessary expenses, $3,318,000, to remain available
until expended, as provided for in sections 221(a)(2) and 233 of the
Compact of Free Association for the Republic of Palau; and section
221(a)(2) of the Compacts of Free Association for the Government of the
Republic of the Marshall Islands and the Federated States of
Micronesia, as authorized by Public Law 99-658 and Public Law 108-188.
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may transfer
discretionary funds or mandatory funds provided under section 104(e) of
Public Law 108-188 and Public Law 104-134, that are allocated for Guam,
to the Secretary of Agriculture for the subsidy cost of direct or
guaranteed loans, plus not to exceed three percent of the amount of the
subsidy transferred for the cost of loan administration, for the
purposes authorized by the Rural Electrification Act of 1936 and
section 306(a)(1) of the Consolidated Farm and Rural Development Act
for construction and repair projects in Guam, and such funds shall
remain available until expended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That such loans
or loan guarantees may be made without regard to the population of the
area, credit elsewhere requirements, and restrictions on the types of
eligible entities under the Rural Electrification Act of 1936 and
section 306(a)(1) of the Consolidated Farm and Rural Development Act:
Provided further, That any funds transferred to the Secretary of
Agriculture shall be in addition to funds otherwise made available to
make or guarantee loans under such authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $65,800,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$50,047,000.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and grants,
$139,029,000, to remain available until expended, of which not to
exceed $18,688,000 from this or any other Act, may be available for
historical accounting: Provided, That funds for trust management
improvements and litigation support may, as needed, be transferred to
or merged with the Bureau of Indian Affairs and Bureau of Indian
Education, ``Operation of Indian Programs'' account; the Office of the
Solicitor, ``Salaries and Expenses'' account; and the Office of the
Secretary, ``Departmental Operations'' account: Provided further, That
funds made available through contracts or grants obligated during
fiscal year 2017, as authorized by the Indian Self-Determination Act of
1975 (25 U.S.C. 450 et seq.), shall remain available until expended by
the contractor or grantee: Provided further, That notwithstanding any
other provision of law, the Secretary shall not be required to provide
a quarterly statement of performance for any Indian trust account that
has not had activity for at least 15 months and has a balance of $15 or
less: Provided further, That the Secretary shall issue an annual
account statement and maintain a record of any such accounts and shall
permit the balance in each such account to be withdrawn upon the
express written request of the account holder: Provided further, That
not to exceed $50,000 is available for the Secretary to make payments
to correct administrative errors of either disbursements from or
deposits to Individual Indian Money or Tribal accounts after September
30, 2002: Provided further, That erroneous payments that are recovered
shall be credited to and remain available in this account for this
purpose: Provided further, That the Secretary shall not be required to
reconcile Special Deposit Accounts with a balance of less than $500
unless the Office of the Special Trustee receives proof of ownership
from a Special Deposit Accounts claimant: Provided further, That
notwithstanding section 102 of the American Indian Trust Fund
Management Reform Act of 1994 (Public Law 103-412) or any other
provision of law, the Secretary may aggregate the trust accounts of
individuals whose whereabouts are unknown for a continuous period of at
least five years and shall not be required to generate periodic
statements of performance for the individual accounts: Provided
further, That with respect to the eighth proviso, the Secretary shall
continue to maintain sufficient records to determine the balance of the
individual accounts, including any accrued interest and income, and
such funds shall remain available to the individual account holders.
Department-wide Programs
wildland fire management
(including transfers of funds)
For necessary expenses for fire preparedness, fire suppression
operations, fire science and research, emergency rehabilitation, fuels
management activities, and rural fire assistance by the Department of
the Interior, $851,945,000, to remain available until expended, of
which not to exceed $10,000,000 shall be for the renovation or
construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts
from which funds were previously transferred for such purposes:
Provided further, That of the funds provided $180,000,000 is for
hazardous fuels management activities: Provided further, That of the
funds provided $20,470,000 is for burned area rehabilitation: Provided
further, That persons hired pursuant to 43 U.S.C. 1469 may be furnished
subsistence and lodging without cost from funds available from this
appropriation: Provided further, That notwithstanding 42 U.S.C. 1856d,
sums received by a bureau or office of the Department of the Interior
for fire protection rendered pursuant to 42 U.S.C. 1856 et seq.,
protection of United States property, may be credited to the
appropriation from which funds were expended to provide that
protection, and are available without fiscal year limitation: Provided
further, That using the amounts designated under this title of this
Act, the Secretary of the Interior may enter into procurement
contracts, grants, or cooperative agreements, for fuels management and
resilient landscapes activities, and for training and monitoring
associated with such fuels management and resilient landscapes
activities, on Federal land, or on adjacent non-Federal land for
activities that benefit resources on Federal land: Provided further,
That the costs of implementing any cooperative agreement between the
Federal Government and any non-Federal entity may be shared, as
mutually agreed on by the affected parties: Provided further, That
notwithstanding requirements of the Competition in Contracting Act, the
Secretary, for purposes of fuels management and resilient landscapes
activities, may obtain maximum practicable competition among: (1) local
private, nonprofit, or cooperative entities; (2) Youth Conservation
Corps crews, Public Lands Corps (Public Law 109-154), or related
partnerships with State, local, or nonprofit youth groups; (3) small or
micro-businesses; or (4) other entities that will hire or train locally
a significant percentage, defined as 50 percent or more, of the project
workforce to complete such contracts: Provided further, That in
implementing this section, the Secretary shall develop written guidance
to field units to ensure accountability and consistent application of
the authorities provided herein: Provided further, That funds
appropriated under this heading may be used to reimburse the United
States Fish and Wildlife Service and the National Marine Fisheries
Service for the costs of carrying out their responsibilities under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and
conference, as required by section 7 of such Act, in connection with
wildland fire management activities: Provided further, That the
Secretary of the Interior may use wildland fire appropriations to enter
into leases of real property with local governments, at or below fair
market value, to construct capitalized improvements for fire facilities
on such leased properties, including but not limited to fire guard
stations, retardant stations, and other initial attack and fire support
facilities, and to make advance payments for any such lease or for
construction activity associated with the lease: Provided further, That
the Secretary of the Interior and the Secretary of Agriculture may
authorize the transfer of funds appropriated for wildland fire
management, in an aggregate amount not to exceed $50,000,000, between
the Departments when such transfers would facilitate and expedite
wildland fire management programs and projects: Provided further, That
funds provided for wildfire suppression shall be available for support
of Federal emergency response actions: Provided further, That funds
appropriated under this heading shall be available for assistance to or
through the Department of State in connection with forest and rangeland
research, technical information, and assistance in foreign countries,
and, with the concurrence of the Secretary of State, shall be available
to support forestry, wildland fire management, and related natural
resource activities outside the United States and its territories and
possessions, including technical assistance, education and training,
and cooperation with United States and international organizations.
flame wildfire suppression reserve fund
(including transfer of funds)
For necessary expenses for large fire suppression operations of the
Department of the Interior and as a reserve fund for suppression and
Federal emergency response activities, $92,000,000, to remain available
until expended: Provided, That such amounts are only available for
transfer to the ``Wildland Fire Management'' account following a
declaration by the Secretary in accordance with section 502 of the
FLAME Act of 2009 (43 U.S.C. 1748a).
central hazardous materials fund
For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for the response action, including
associated activities, performed pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), $10,010,000, to remain available until expended.
Natural Resource Damage Assessment and Restoration
natural resource damage assessment fund
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the Department of the
Interior necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and
subchapter II of chapter 1007 of title 54, United States Code,
$7,767,000, to remain available until expended.
working capital fund
For the operation and maintenance of a departmental financial and
business management system, information technology improvements of
general benefit to the Department, cybersecurity, and the consolidation
of facilities and operations throughout the Department, $67,100,000, to
remain available until expended: Provided, That none of the funds
appropriated in this Act or any other Act may be used to establish
reserves in the Working Capital Fund account other than for accrued
annual leave and depreciation of equipment without prior approval of
the Committees on Appropriations of the House of Representatives and
the Senate: Provided further, That the Secretary may assess reasonable
charges to State, local and tribal government employees for training
services provided by the National Indian Program Training Center, other
than training related to Public Law 93-638: Provided further, That the
Secretary may lease or otherwise provide space and related facilities,
equipment or professional services of the National Indian Program
Training Center to State, local and tribal government employees or
persons or organizations engaged in cultural, educational, or
recreational activities (as defined in section 3306(a) of title 40,
United States Code) at the prevailing rate for similar space,
facilities, equipment, or services in the vicinity of the National
Indian Program Training Center: Provided further, That all funds
received pursuant to the two preceding provisos shall be credited to
this account, shall be available until expended, and shall be used by
the Secretary for necessary expenses of the National Indian Program
Training Center: Provided further, That the Secretary may enter into
grants and cooperative agreements to support the Office of Natural
Resource Revenue's collection and disbursement of royalties, fees, and
other mineral revenue proceeds, as authorized by law.
administrative provision
There is hereby authorized for acquisition from available resources
within the Working Capital Fund, aircraft which may be obtained by
donation, purchase or through available excess surplus property:
Provided, That existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset the purchase price
for the replacement aircraft.
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the
approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to this
section must be replenished by a supplemental appropriation, which must
be requested as promptly as possible.
emergency transfer authority--department-wide
Sec. 102. The Secretary may authorize the expenditure or transfer
of any no year appropriation in this title, in addition to the amounts
included in the budget programs of the several agencies, for the
suppression or emergency prevention of wildland fires on or threatening
lands under the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its jurisdiction;
for emergency actions related to potential or actual earthquakes,
floods, volcanoes, storms, or other unavoidable causes; for contingency
planning subsequent to actual oil spills; for response and natural
resource damage assessment activities related to actual oil spills or
releases of hazardous substances into the environment; for the
prevention, suppression, and control of actual or potential grasshopper
and Mormon cricket outbreaks on lands under the jurisdiction of the
Secretary, pursuant to the authority in section 417(b) of Public Law
106-224 (7 U.S.C. 7717(b)); for emergency reclamation projects under
section 410 of Public Law 95-87; and shall transfer, from any no year
funds available to the Office of Surface Mining Reclamation and
Enforcement, such funds as may be necessary to permit assumption of
regulatory authority in the event a primacy State is not carrying out
the regulatory provisions of the Surface Mining Act: Provided, That
appropriations made in this title for wildland fire operations shall be
available for the payment of obligations incurred during the preceding
fiscal year, and for reimbursement to other Federal agencies for
destruction of vehicles, aircraft, or other equipment in connection
with their use for wildland fire operations, such reimbursement to be
credited to appropriations currently available at the time of receipt
thereof: Provided further, That for wildland fire operations, no funds
shall be made available under this authority until the Secretary
determines that funds appropriated for ``wildland fire operations'' and
``FLAME Wildfire Suppression Reserve Fund'' shall be exhausted within
30 days: Provided further, That all funds used pursuant to this section
must be replenished by a supplemental appropriation, which must be
requested as promptly as possible: Provided further, That such
replenishment funds shall be used to reimburse, on a pro rata basis,
accounts from which emergency funds were transferred.
authorized use of funds
Sec. 103. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by section
3109 of title 5, United States Code, when authorized by the Secretary,
in total amount not to exceed $500,000; purchase and replacement of
motor vehicles, including specially equipped law enforcement vehicles;
hire, maintenance, and operation of aircraft; hire of passenger motor
vehicles; purchase of reprints; payment for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary; and the payment of dues, when authorized by
the Secretary, for library membership in societies or associations
which issue publications to members only or at a price to members lower
than to subscribers who are not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the headings Bureau
of Indian Affairs and Bureau of Indian Education, and Office of the
Special Trustee for American Indians and any unobligated balances from
prior appropriations Acts made under the same headings shall be
available for expenditure or transfer for Indian trust management and
reform activities. Total funding for historical accounting activities
shall not exceed amounts specifically designated in this Act for such
purpose.
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the Secretary
of the Interior is authorized to redistribute any Tribal Priority
Allocation funds, including tribal base funds, to alleviate tribal
funding inequities by transferring funds to address identified, unmet
needs, dual enrollment, overlapping service areas or inaccurate
distribution methodologies. No tribe shall receive a reduction in
Tribal Priority Allocation funds of more than 10 percent in fiscal year
2017. Under circumstances of dual enrollment, overlapping service areas
or inaccurate distribution methodologies, the 10 percent limitation
does not apply.
ellis, governors, and liberty islands
Sec. 106. Notwithstanding any other provision of law, the Secretary
of the Interior is authorized to acquire lands, waters, or interests
therein including the use of all or part of any pier, dock, or landing
within the State of New York and the State of New Jersey, for the
purpose of operating and maintaining facilities in the support of
transportation and accommodation of visitors to Ellis, Governors, and
Liberty Islands, and of other program and administrative activities, by
donation or with appropriated funds, including franchise fees (and
other monetary consideration), or by exchange; and the Secretary is
authorized to negotiate and enter into leases, subleases, concession
contracts or other agreements for the use of such facilities on such
terms and conditions as the Secretary may determine reasonable.
outer continental shelf inspection fees
Sec. 107. (a) In fiscal year 2017, the Secretary shall collect a
nonrefundable inspection fee, which shall be deposited in the
``Offshore Safety and Environmental Enforcement'' account, from the
designated operator for facilities subject to inspection under 43
U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are above
the waterline, excluding drilling rigs, and are in place at the start
of the fiscal year. Fees for fiscal year 2017 shall be:
(1) $10,500 for facilities with no wells, but with
processing equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with any
combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells, with
any combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all inspections
completed in fiscal year 2017. Fees for fiscal year 2017 shall be:
(1) $30,500 per inspection for rigs operating in water
depths of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in water
depths of less than 500 feet.
(d) The Secretary shall bill designated operators under subsection
(b) within 60 days, with payment required within 30 days of billing.
The Secretary shall bill designated operators under subsection (c)
within 30 days of the end of the month in which the inspection
occurred, with payment required within 30 days of billing.
bureau of ocean energy management, regulation and enforcement
reorganization
Sec. 108. The Secretary of the Interior, in order to implement a
reorganization of the Bureau of Ocean Energy Management, Regulation and
Enforcement, may transfer funds among and between the successor offices
and bureaus affected by the reorganization only in conformance with the
reprogramming guidelines described in this Act.
contracts and agreements for wild horse and burro holding facilities
Sec. 109. Notwithstanding any other provision of this Act, the
Secretary of the Interior may enter into multiyear cooperative
agreements with nonprofit organizations and other appropriate entities,
and may enter into multiyear contracts in accordance with the
provisions of section 3903 of title 41, United States Code (except that
the 5-year term restriction in subsection (a) shall not apply), for the
long-term care and maintenance of excess wild free roaming horses and
burros by such organizations or entities on private land. Such
cooperative agreements and contracts may not exceed 10 years, subject
to renewal at the discretion of the Secretary.
mass marking of salmonids
Sec. 110. The United States Fish and Wildlife Service shall, in
carrying out its responsibilities to protect threatened and endangered
species of salmon, implement a system of mass marking of salmonid
stocks, intended for harvest, that are released from federally operated
or federally financed hatcheries including but not limited to fish
releases of coho, chinook, and steelhead species. Marked fish must have
a visible mark that can be readily identified by commercial and
recreational fishers.
exhaustion of administrative review
Sec. 111. Paragraph (1) of section 122(a) of division E of Public
Law 112-74 (125 Stat. 1013) is amended by striking ``fiscal years 2012
through 2018,'' and inserting ``fiscal year 2012 and each fiscal year
thereafter,''.
wild lands funding prohibition
Sec. 112. None of the funds made available in this Act or any
other Act may be used to implement, administer, or enforce Secretarial
Order No. 3310 issued by the Secretary of the Interior on December 22,
2010.
contracts and agreements with indian affairs
Sec. 113. Notwithstanding any other provision of law, during fiscal
year 2017, in carrying out work involving cooperation with State,
local, and tribal governments or any political subdivision thereof,
Indian Affairs may record obligations against accounts receivable from
any such entities, except that total obligations at the end of the
fiscal year shall not exceed total budgetary resources available at the
end of the fiscal year.
greater sage-grouse
Sec. 114. (a) None of the funds made available by this or any
other Act may be used--
(1) to review the status of or determine whether the
greater sage-grouse is an endangered species or a threatened
species pursuant to section 4 of the Endangered Species Act of
1973 (16 U.S.C. 1533), or to issue a regulation with respect
thereto that applies to any State with a State management plan;
(2) to make, modify, or extend any withdrawal pursuant to
section 204 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1714) within any Sagebrush Focal Area published
in the Federal Register on September 24, 2015 (80 Fed. Reg.
57635 et seq.), in a manner inconsistent with a State
management plan; or
(3) to implement, amend, or otherwise modify any Federal
resource management plan applicable to Federal land in a State
with a State management plan, in a manner inconsistent with
such State management plan.
(b) For the purposes of this section--
(1) the term ``Federal resource management plan'' means--
(A) a land use plan prepared by the Bureau of Land
Management for public lands pursuant to section 202 of
the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712); or
(B) a land and resource management plan prepared by
the Forest Service for National Forest System lands
pursuant to section 6 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C.
1604);
(2) the term ``greater sage-grouse'' means the species
Centrocercus urophasianus or the Columbia Basin distinct
population segment of greater sage-grouse; and
(3) the term ``State management plan'' means a State-wide
plan for the protection and recovery of greater sage-grouse
that has been approved by the Governor of such State.
water conveyances
Sec. 115. None of the funds made available by this or any other Act
may be used by the Secretary of the Interior to review, require
approval of, or withhold approval for use of a right-of-way granted
pursuant to the General Railroad Right-of-Way Act of 1875 (43 U.S.C.
934-939) if authorization of the use would have been considered under
Department policy to be within the scope of a railroad's authority as
of the day before the effective date of the Department's Solicitor's
Opinion M-37025, issued on November 4, 2011.
indian education fund
Sec. 116. Section 801 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 458ddd) is amended--
(1) by striking ``Foundation'' each place it appears and
inserting ``Fund'';
(2) in subsection (a), by striking ``foundation'' and
inserting ``fund'';
(3) in subsection (a), by adding at the end the following:
``The Fund shall be affiliated and may contract for services
with a section 501(c)(3) national organization whose mission is
to represent Native American students and educators for the
improvement of schools and the education of Native children.'';
(4) In subsection (e)(1), by inserting ``or public'' after
``private'';
(5) in subsection (e)--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following:
``(4) to promote and facilitate public-private partnerships
that maximize the involvement of the private sector, including
nonprofit organizations and for-profit entities, in providing
financial and in-kind support for the improvement or
replacement of facilities and infrastructure and for the
enhancement of telecommunications and technological capacity in
Bureau-funded schools; and
``(5) to facilitate interagency agreements between the
Department of the Interior and other Federal agencies in
furtherance of the purposes of the Fund.'';
(6) in subsection (f)(2), by striking all that follows
after the heading and inserting the following: ``The number of
members of the Board, the manner of their selection (including
the filling of vacancies), and their terms of office shall be
as provided in the constitution and bylaws of the Fund. The
Board shall have nine members, including the Secretary and the
Assistant Secretary of the Interior for Indian Affairs who
shall serve as ex officio nonvoting members and who shall
appoint three voting members to staggered terms, and including
the President and Executive Director of the 501(c)(3) national
organization referenced in subsection (a) who shall serve as ex
officio nonvoting members and who shall appoint two voting
members to staggered terms.'';
(7) in subsection (f)(3), by striking ``are'' and all that
follows through ``practicable,'' and inserting ``shall, to the
extent practicable, be drawn from various disciplines related
to the purposes of the Fund, and''; and
(8) in subsection (m)--
(A) in the heading, by inserting ``and Property''
after ``Funds''; and
(B) by inserting ``and property'' after the first
``funds'' the first place it appears.
blue ridge national heritage area and erie canalway national heritage
corridor
Sec. 117. (a) Section 140(i)(1) of Title I of Public Law 108-108,
as amended (54 U.S.C. 320101 note), is further amended by striking
``$10,000,000'' and inserting ``$12,000,000''; and
(b) Section 810(a)(1) of Title VIII of Division B of Appendix D of
Public Law 106-554, as amended (54 U.S.C. 320101 note), is further
amended by striking ``$10,000,000'' and inserting ``$12,000,000''.
fish hatchery programs
Sec. 118. (a) In General.--Not later than two years after the date
of the enactment of this Act, the Secretary of the Interior, in
consultation with the Director of the California Department of Fish and
Wildlife, shall develop and implement the expanded use of conservation
fish hatchery programs to enhance, supplement, and rebuild delta smelt
(Hypomesus transpacificus) and other species listed as endangered
species or threatened species under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.), under the biological opinion issued under
that Act by the United States Fish and Wildlife Service, dated December
15, 2008, on the effects of the coordinated operations of the Central
Valley Project and the State Water Project in California.
(b) Program Design.--The conservation fish hatchery programs
established under subsection (a) and their associated hatchery and
genetic management plans shall be designed--
(1) to benefit, enhance, support, and otherwise recover
naturally spawning fish species to the point where the measures
under the Endangered Species Act of 1973 are no longer
necessary for such species;
(2) to address the recommendations of the California
Hatchery Scientific Review Group; and
(3) to minimize adverse effects to operations of the
Central Valley Project and State Water Project (as those terms
are used in the Central Valley Project Improvement Act of 2002
(title XXXIV of Public Law 102-575)).
(c) Miscellaneous Requirements.--In implementing this section, the
Secretary--
(1) shall give priority to existing and prospective
hatchery programs and facilities within the Sacramento-San
Joaquin Delta and the riverine tributaries thereto; and
(2) may enter into cooperative agreements for the operation
of conservation hatchery programs with the State of California,
tribes, and other non-Governmental entities for the benefit,
enhancement, and support of naturally spawning fish species.
reissuance of final rules
Sec. 119. Before the end of the 60-day period beginning on the
date of the enactment of this Act, the Secretary of the Interior shall
reissue the final rule published on December 28, 2011 (76 Fed. Reg.
81666 et seq.) and the final rule published on September 10, 2012 (77
Fed. Reg. 55530 et seq.), without regard to any other provision of
statute or regulation that applies to issuance of such rules. Such
reissuances (including this section) shall not be subject to judicial
review.
stream buffer
Sec. 120. None of the funds made available by this Act may be used
by the Secretary to (1) further develop, finalize, carry out, or
implement the proposed rule entitled ``Stream Protection Rule'' signed
by the Assistant Secretary for Land and Minerals Management of the
Department of the Interior on July 7, 2015 (80 Fed. Reg. 44436), or (2)
develop, carry out, or implement any guidance, policy, or directive to
reinterpret or change the historic interpretation of ``material damage
to the hydrologic balance outside the permit area'' in section
510(b)(3) of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1260(b)(3)), or 30 CFR 816.57 or 30 CFR 817.57, as promulgated
on June 30, 1983 by the Office of Surface Mining Reclamation and
Enforcement of the Department of the Interior (48 Fed. Reg. 30312).
bottled water
Sec. 121. None of the funds made available by this Act may be used
by the Director of the National Park Service to implement, administer,
or enforce Policy Memorandum 11-03 or to approve a request by a park
superintendent to eliminate the sale in national parks of water in
disposable, recyclable plastic bottles.
oil and gas royalties
Sec. 122. None of the funds made available by this Act may be used
to finalize, implement, or enforce the Bureau of Land Management's
proposed rule regarding Waste Prevention, Production Subject to
Royalties, and Resource Conservation published February 8, 2016.
prohibition on use of funds for certain historic designation
Sec. 123. (a) In General.--None of the funds made available in
this Act may be used to take any action to designate a Federal property
for inclusion on, or to add a Federal property to, the National
Register of Historic Places, or to operate or maintain a property on
that registry, if the managing agency of that Federal property objects
to such designation or inclusion, including actions related to--
(1) cooperative agreements;
(2) general administration;
(3) maintenance of records and agreements; and
(4) any other functions necessary to designate, add, operate, or
maintain such Federal property.
(b) Exception.--The prohibition in subsection (a) shall not apply
to actions related to a managing agency request for expedited removal
of Federal property from the National Register of Historic Places for
reasons of national security.
drilling margins
Sec. 124. None of the funds made available in this Act or any
other Act for any fiscal year may be used to develop, adopt, implement,
administer, or enforce any change to the regulations and guidance in
effect on April 1, 2015, pertaining to drilling margins or static
downhole mud weight (30 CFR 250.414(c)) including the provisions of the
rules dated April 17, 2015, and April 29, 2016.
tribal recognition
Sec. 125. None of the funds made available by this or any other
Act may be used by the Secretary of the Interior to implement,
administer, or enforce the final rule entitled ``Federal Acknowledgment
of American Indian Tribes'' published by the Department of the Interior
in the Federal Register on July 1, 2015 (80 Fed. Reg. 37862 et seq.).
echinoderms
Sec. 126. Section 14.92(a)(1) of title 50, Code of Federal
Regulations, is amended by inserting ``, including echinoderms commonly
known as sea urchins and sea cucumbers,'' after ``products''.
limitation on use of funds for air quality regulations
Sec. 127. (a) Limitation.--None of the funds made available by
this Act or any other Act may be used by the Secretary of the Interior
(referred to in this section as the ``Secretary'') to issue, finalize,
or implement any final regulations addressing any subject of the
proposed rule entitled ``Air Quality Control, Reporting, and
Compliance'', published April 5, 2016 (81 Fed. Reg. 19717), before the
date on which the Bureau of Ocean Energy Management--
(1) completes the two air modeling studies entitled
``Arctic Air Quality Impact Assessment Modeling (AK-13-01)''
and ``Air Quality Modeling in the Gulf of Mexico Region (GM-14-
01)'', and publishes the results of such studies and all
supporting data and documentation in a form available to the
public;
(2) concludes, following peer review of such studies,
publication of public notice, and 120 days of opportunity for
public comment on the studies, that the activities expressly
authorized under the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.) are significantly affecting the air
quality of any State for purposes of compliance with the
national ambient air quality standards, pursuant to, as
required by section 5(a)(8) of such Act (43 U.S.C. 1334(a)(8));
and
(3) consults with the affected coastal states (as that term
is used in that Act) on the results of such studies and
analyses, and any actions that may be taken including any
incremental burdens on such coastal states that may result.
(b) Reproposal of Regulations.--The Secretary shall--
(1) before issuing any such final regulations--
(A) repropose the regulations; and
(B) provide a period of at least 180 days for the
submission of public comment on such reproposed
regulations; and
(2) delay the effective date of such final regulations for
at least 180 days after the date they are published.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980; necessary expenses for personnel and related
costs and travel expenses; procurement of laboratory equipment and
supplies; and other operating expenses in support of research and
development, $720,072,000 (increased by $3,000,000), to remain
available until September 30, 2018: Provided, That of the funds
included under this heading, $10,000,000 shall be for Research:
National Priorities as specified in the report accompanying this Act.
Environmental Programs and Management
For environmental programs and management, including necessary
expenses, not otherwise provided for, for personnel and related costs
and travel expenses; hire of passenger motor vehicles; hire,
maintenance, and operation of aircraft; purchase of reprints; library
memberships in societies or associations which issue publications to
members only or at a price to members lower than to subscribers who are
not members; administrative costs of the brownfields program under the
Small Business Liability Relief and Brownfields Revitalization Act of
2002; and not to exceed $9,000 for official reception and
representation expenses, $2,527,470,000 (reduced by $15,000,000)
(reduced by $14,000,000) (reduced by $70,000,000) (reduced by
$12,000,000) (reduced by $3,000,000) (reduced by $1,750,000) (reduced
by $468,000) (increased by $468,000), to remain available until
September 30, 2018: Provided, That of the funds included under this
heading, $15,000,000 shall be for Environmental Protection: National
Priorities as specified in the report accompanying this Act: Provided
further, That of the funds included under this heading, $409,709,000
shall be for Geographic Programs specified in the report accompanying
this Act: Provided further, That the Administrator of the Environmental
Protection Agency is authorized, in carrying out its responsibilities
under section 2002(b) of the Solid Waste Disposal Act (42 U.S.C.
6912(b)), to use appropriations made available under this heading to
evaluate the effectiveness of States using State solid waste management
plans to ensure the efficient and effective implementation, consistent
with Executive Order No. 12898, of the final regulations on coal
combustion residuals that took effect on October 19, 2015, and codified
in parts 257 and 261 of title 40 of the Code of Federal Regulations:
Provided further, That the Administrator shall provide to the Committee
on Appropriations and the appropriate authorizing Committees a report
on the effectiveness of States using such plans in implementing the
requirements of final coal combustion residual regulations in an
efficient and effective manner.
Hazardous Waste Electronic Manifest System Fund
For necessary expenses to carry out section 3024 of the Solid Waste
Disposal Act (42 U.S.C. 6939g), including the development, operation,
maintenance, and upgrading of the hazardous waste electronic manifest
system established by such section, $3,178,000, to remain available
until September 30, 2019.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$41,489,000 (increased by $10,038,000), to remain available until
September 30, 2018.
Buildings and Facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by, the
Environmental Protection Agency, $34,467,000, to remain available until
expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), including
sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611)
$1,115,929,000, to remain available until expended, consisting of such
sums as are available in the Trust Fund on September 30, 2016, as
authorized by section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $1,115,929,000 as a
payment from general revenues to the Hazardous Substance Superfund for
purposes as authorized by section 517(b) of SARA: Provided, That funds
appropriated under this heading may be allocated to other Federal
agencies in accordance with section 111(a) of CERCLA: Provided further,
That of the funds appropriated under this heading, $8,778,000 shall be
paid to the ``Office of Inspector General'' appropriation to remain
available until September 30, 2018, and $15,496,000 shall be paid to
the ``Science and Technology'' appropriation to remain available until
September 30, 2018.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground storage
tank cleanup activities authorized by subtitle I of the Solid Waste
Disposal Act, $94,605,000, to remain available until expended, of which
$68,016,000 shall be for carrying out leaking underground storage tank
cleanup activities authorized by section 9003(h) of the Solid Waste
Disposal Act; $26,589,000 shall be for carrying out the other
provisions of the Solid Waste Disposal Act specified in section 9508(c)
of the Internal Revenue Code: Provided, That the Administrator is
authorized to use appropriations made available under this heading to
implement section 9013 of the Solid Waste Disposal Act to provide
financial assistance to federally recognized Indian tribes for the
development and implementation of programs to manage underground
storage tanks.
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990,
$18,079,000, to be derived from the Oil Spill Liability trust fund, to
remain available until expended.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $3,370,729,000 (increased by $6,000,000) (reduced
by $6,000,000), to remain available until expended, of which--
(1) $1,000,000,000 shall be for making capitalization
grants for the Clean Water State Revolving Funds under title VI
of the Federal Water Pollution Control Act; and of which
$1,070,500,000 shall be for making capitalization grants for
the Drinking Water State Revolving Funds under section 1452 of
the Safe Drinking Water Act: Provided, That for fiscal year
2017, funds made available under this title to each State for
Clean Water State Revolving Fund capitalization grants and for
Drinking Water State Revolving Fund capitalization grants may,
at the discretion of each State, be used for projects to
address green infrastructure, water or energy efficiency
improvements, or other environmentally innovative activities:
Provided further, That notwithstanding section 603(d)(7) of the
Federal Water Pollution Control Act, the limitation on the
amounts in a State water pollution control revolving fund that
may be used by a State to administer the fund shall not apply
to amounts included as principal in loans made by such fund in
fiscal year 2017 and prior years where such amounts represent
costs of administering the fund to the extent that such amounts
are or were deemed reasonable by the Administrator, accounted
for separately from other assets in the fund, and used for
eligible purposes of the fund, including administration:
Provided further, That for fiscal year 2017, notwithstanding
the provisions of sections 201(g)(1), (h), and (l) of the
Federal Water Pollution Control Act, grants under Title II of
the Federal Water Pollution Control Act for American Samoa,
Guam, the Commonwealth of the Northern Marianas, the United
States Virgin Islands, and the District of Columbia may also be
made for the purpose of providing assistance: (1) solely for
facility plans, design activities, or plans, specification, and
estimates for any proposed project for the construction of
treatment works; and (2) for the construction, repair, or
replacement of privately owned treatment works serving one or
more principal residences or small commercial establishments;
Provided further, That for fiscal year 2017, notwithstanding
the provisions of 201(g)(1), (h), and (l) and section 518(c) of
the Federal Water Pollution Control Act, funds reserved by the
Administrator for grants under section 518(c) of the Federal
Water Pollution Control Act may also be used to provide
assistance: (1) solely for facility plans, design activities,
or plans, specifications, and estimates for any proposed
project for the construction of treatment works; and (2) for
the construction, repair, or replacement of privately owned
treatment works serving one or more principal residences or
small commercial establishments; Funds reserved under section
518(c) of such Act shall be available for grants only to Indian
tribes, as defined in section 518(h) of such Act and former
Indian reservations in Oklahoma (as defined by the Secretary of
the Interior) and Native Villages (as defined in Public Law 92-
203): Provided further, That for fiscal year 2017,
notwithstanding any provision of the Clean Water Act and
regulations issued pursuant thereof, up to a total of
$2,000,000 of the funds reserved by the Administrator for
grants under section 518(c) of the Federal Water Pollution
Control Act may also be used for grants for training, technical
assistance, and educational programs relating to the operation
and management of the treatment works specified in section
518(c) of such Act; Funds reserved under section 518(c) of such
Act shall be available for grants only to Indian tribes, as
defined in section 518(h) of such Act and former Indian
reservations in Oklahoma (as determined by the Secretary of the
Interior) and Native Villages (as defined in Public Law 92-
203): Provided further, That for fiscal year 2017,
notwithstanding the limitation on amounts in section 518(c) of
the Federal Water Pollution Control Act, up to a total of 2
percent of the funds appropriated, or $30,000,000, whichever is
greater, and notwithstanding the limitation on amounts in
section 1452(i) of the Safe Drinking Water Act, up to a total
of 2 percent of the funds appropriated, or $20,000,000,
whichever is greater, for State Revolving Funds under such Acts
may be reserved by the Administrator for grants under section
518(c) and section 1452(i) of such Acts: Provided further, That
for fiscal year 2017, notwithstanding the amounts specified in
section 205(c) of the Federal Water Pollution Control Act, up
to 1.5 percent of the aggregate funds appropriated for the
Clean Water State Revolving Fund program under the Act less any
sums reserved under section 518(c) of the Act, may be reserved
by the Administrator for grants made under title II of the
Federal Water Pollution Control Act for American Samoa, Guam,
the Commonwealth of the Northern Marianas, and United States
Virgin Islands: Provided further, That for fiscal year 2017,
notwithstanding the limitations on amounts specified in section
1452(j) of the Safe Drinking Water Act, up to 1.5 percent of
the funds appropriated for the Drinking Water State Revolving
Fund programs under the Safe Drinking Water Act may be reserved
by the Administrator for grants made under section 1452(j) of
the Safe Drinking Water Act: Provided further, That 10 percent
of the funds made available under this title to each State for
Clean Water State Revolving Fund capitalization grants and 20
percent of the funds made available under this title to each
State for Drinking Water State Revolving Fund capitalization
grants shall be used by the State to provide additional subsidy
to eligible recipients in the form of forgiveness of principal,
negative interest loans, or grants (or any combination of
these), and shall be so used by the State only where such funds
are provided as initial financing for an eligible recipient or
to buy, refinance, or restructure the debt obligations of
eligible recipients where such debt was incurred on or after
the date of enactment of this Act, or where such debt was
incurred prior to the date of enactment of this Act if the
State, with concurrence from the Administrator, determines that
such funds could be used to help address a threat to public
health from heightened exposure to lead in drinking water 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) $5,000,000 shall be for architectural, engineering,
planning, design, construction and related activities in
connection with the construction of high priority water and
wastewater facilities in the area of the United States-Mexico
Border, after consultation with the appropriate border
commission; Provided, That no funds provided by this
appropriations Act to address the water, wastewater and other
critical infrastructure needs of the colonias in the United
States along the United States-Mexico border shall be made
available to a county or municipal government unless that
government has established an enforceable local ordinance, or
other zoning rule, which prevents in that jurisdiction the
development or construction of any additional colonia areas, or
the development within an existing colonia the construction of
any new home, business, or other structure which lacks water,
wastewater, or other necessary infrastructure;
(3) $17,000,000 shall be for grants to the State of Alaska
to address drinking water and wastewater infrastructure needs
of rural and Alaska Native Villages: Provided, That of these
funds: (A) the State of Alaska shall provide a match of 25
percent; (B) no more than 5 percent of the funds may be used
for administrative and overhead expenses; and (C) the State of
Alaska shall make awards consistent with the Statewide priority
list established in conjunction with the Agency and the United
States 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) $100,000,000 shall be for grants under title VII,
subtitle G of the Energy Policy Act of 2005;
(6) $40,000,000 shall be for targeted airshed grants in
accordance with the terms and conditions of the report
accompanying this Act; and
(7) $1,058,229,000 shall be for grants, including
associated program support costs, to States, federally
recognized tribes, interstate agencies, tribal consortia, and
air pollution control agencies for multi-media or single media
pollution prevention, control and abatement and related
activities, including activities pursuant to the provisions set
forth under this heading in Public Law 104-134, and for making
grants under section 103 of the Clean Air Act for particulate
matter monitoring and data collection activities subject to
terms and conditions specified by the Administrator, of which:
$47,745,000 shall be for carrying out section 128 of CERCLA;
$9,646,000 shall be for Environmental Information Exchange
Network grants, including associated program support costs;
$1,498,000 shall be for grants to States under section
2007(f)(2) of the Solid Waste Disposal Act, which shall be in
addition to funds appropriated under the heading ``Leaking
Underground Storage Tank Trust Fund Program'' to carry out the
provisions of the Solid Waste Disposal Act specified in section
9508(c) of the Internal Revenue Code other than section 9003(h)
of the Solid Waste Disposal Act; $17,848,000 of the funds
available for grants under section 106 of the Federal Water
Pollution Control Act shall be for State participation in
national- and State-level statistical surveys of water
resources and enhancements to State monitoring programs.
Water Infrastructure Finance and Innovation Program Account
For the cost of direct loans and for the cost of guaranteed loans,
as authorized by the Water Infrastructure Finance and Innovation Act of
2014, $45,000,000, to remain available until expended: Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize gross
obligations for the principal amount of direct loans, including
capitalized interest, and total loan principal, including capitalized
interest, any part of which is to be guaranteed, not to exceed
$5,487,000,000.
In addition, fees authorized to be collected pursuant to sections
5029 and 5030 of the Water Infrastructure Finance and Innovation Act of
2014 shall be deposited in this account to remain available until
expended.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, notwithstanding section 5033 of the Water
Infrastructure Finance and Innovation Act of 2014, $5,000,000, to
remain available until September 30, 2018.
Administrative Provisions--Environmental Protection Agency
(including transfers of funds)
For fiscal year 2017, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection Agency, in
carrying out the Agency's function to implement directly Federal
environmental programs required or authorized by law in the absence of
an acceptable tribal program, may award cooperative agreements to
federally recognized Indian tribes or Intertribal consortia, if
authorized by their member tribes, to assist the Administrator in
implementing Federal environmental programs for Indian tribes required
or authorized by law, except that no such cooperative agreements may be
awarded from funds designated for State financial assistance
agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration service fees
in accordance with section 33 of the Federal Insecticide, Fungicide,
and Rodenticide Act, as amended by Public Law 112-177, the Pesticide
Registration Improvement Extension Act of 2012.
Notwithstanding section 33(d)(2) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w-8(d)(2)), the
Administrator of the Environmental Protection Agency may assess fees
under section 33 of FIFRA (7 U.S.C. 136w-8) for fiscal year 2017.
The Administrator is authorized to transfer up to $300,000,000 of
the funds appropriated for the Great Lakes Restoration Initiative under
the heading ``Environmental Programs and Management'' to the head of
any Federal department or agency, with the concurrence of such head, to
carry out activities that would support the Great Lakes Restoration
Initiative and Great Lakes Water Quality Agreement programs, projects,
or activities; to enter into an interagency agreement with the head of
such Federal department or agency to carry out these activities; and to
make grants to governmental entities, nonprofit organizations,
institutions, and individuals for planning, research, monitoring,
outreach, and implementation in furtherance of the Great Lakes
Restoration Initiative and the Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and Management,
Office of Inspector General, Hazardous Substance Superfund, and Leaking
Underground Storage Tank Trust Fund Program Accounts, are available for
the construction, alteration, repair, rehabilitation, and renovation of
facilities provided that the cost does not exceed $150,000 per project.
The Administrator of the Environmental Protection Agency shall base
agency policies and actions regarding air emissions from forest biomass
including, but not limited to, air emissions from facilities that
combust forest biomass for energy, on the principle that forest biomass
emissions do not increase overall carbon dioxide accumulations in the
atmosphere when USDA Forest Inventory and Analysis data show that
forest carbon stocks in the United States are stable or increasing on a
national scale, or when forest biomass is derived from mill residuals,
harvest residuals or forest management activities. Such policies and
actions shall not pre-empt existing authorities of States to determine
how to utilize biomass as a renewable energy source and shall not
inhibit States' authority to apply the same policies to forest biomass
as other renewable fuels in implementing Federal law.
The Administrator of the Environmental Protection Agency shall
apply the criteria and procedures in effect as of the date of enactment
of this Act for aquifer exemptions under the underground injection
control regulatory framework, in a collaborative manner with the States
and regulated industries, to promptly review and make decisions on all
aquifer exemption applications using the criteria for exempted aquifers
set forth in section 146.4 of title 40, Code of Federal Regulations (as
in effect on April 1, 2016). The Administrator shall not use
substantial program revisions for purposes of reviewing and making
decisions on aquifer exemption applications involving underground
injection authorized by permit, provided the injection is occurring
into aquifers that meet the criteria for an exemption under such
section 146.4 and the recommendations of key State resource agencies
are taken in account.
For fiscal year 2017, and notwithstanding section 518(f) of the
Federal Water Pollution Control Act (33 U.S.C. 1377(f)), the
Administrator is authorized to use the amounts appropriated for any
fiscal year under section 319 of the Act to make grants to federally
recognized Indian tribes pursuant to sections 319(h) and 518(e) of that
Act.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $291,982,000 (increased by $10,000,000), to remain
available through September 30, 2019: Provided, That of the funds
provided, $77,000,000 is for the forest inventory and analysis program.
state and private forestry
For necessary expenses of cooperating with and providing technical
and financial assistance to States, territories, possessions, and
others, and for forest health management, including treatments of
pests, pathogens, and invasive or noxious plants and for restoring and
rehabilitating forests damaged by pests or invasive plants, cooperative
forestry, and education and land conservation activities and conducting
an international program as authorized, $244,038,000, to remain
available through September 30, 2018, as authorized by law, of which
$55,000,000 is to be derived from the Land and Water Conservation Fund
to be used for the Forest Legacy Program, to remain available until
expended.
national forest system
(including transfers of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utilization
of the National Forest System, $1,531,443,000 (reduced by $2,000,000),
to remain available through September 30, 2018: Provided, That of the
funds provided, $40,000,000 shall be deposited in the Collaborative
Forest Landscape Restoration Fund for ecological restoration treatments
as authorized by 16 U.S.C. 7303(f): Provided further, That of the funds
provided, $384,805,000 shall be for forest products: Provided further,
That of the funds provided, up to $159,941,000 is for the Integrated
Resource Restoration pilot program for Region 1, Region 2, Region 3,
Region 4, and Region 5: Provided further, That of the funds provided
for forest products, up to $161,560,000 may be transferred to support
the Integrated Resource Restoration pilot program in the preceding
proviso: Provided further, That the Secretary of Agriculture may
transfer to the Secretary of the Interior any unobligated funds
appropriated in a previous fiscal year for operation of the Valles
Caldera National Preserve.
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $364,164,000, to remain available through September 30,
2018, for construction, capital improvement, maintenance and
acquisition of buildings and other facilities and infrastructure; and
for construction, reconstruction, decommissioning of roads that are no
longer needed, including unauthorized roads that are not part of the
transportation system, and maintenance of forest roads and trails by
the Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101
and 205: Provided, That $40,000,000 shall be designated for urgently
needed road decommissioning, road and trail repair and maintenance and
associated activities, and removal of fish passage barriers, especially
in areas where Forest Service roads may be contributing to water
quality problems in streams and water bodies which support threatened,
endangered, or sensitive species or community water sources: Provided
further, That funds becoming available in fiscal year 2017 under the
Act of March 4, 1913 (16 U.S.C. 501) shall be transferred to the
General Fund of the Treasury and shall not be available for transfer or
obligation for any other purpose unless the funds are appropriated:
Provided further, That of the funds provided for decommissioning of
roads, up to $24,543,000 may be transferred to the ``National Forest
System'' to support the Integrated Resource Restoration pilot program.
land acquisition
For expenses necessary to carry out the provisions of chapter 2003
of title 54, United States Code, including administrative expenses, and
for acquisition of land or waters, or interest therein, in accordance
with statutory authority applicable to the Forest Service, $27,280,000,
to be derived from the Land and Water Conservation Fund and to remain
available until expended.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
National Forests, California, as authorized by law, $950,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities, and for authorized
expenditures from funds deposited by non-Federal parties pursuant to
Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967
(16 U.S.C. 484a), to remain available through September 30, 2018, (16
U.S.C. 516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-591;
and Public Law 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior fiscal
year, as fees for grazing domestic livestock on lands in National
Forests in the 16 Western States, pursuant to section 401(b)(1) of
Public Law 94-579, to remain available through September 30, 2018, of
which not to exceed 6 percent shall be available for administrative
expenses associated with on-the-ground range rehabilitation,
protection, and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to remain
available through September 30, 2018, to be derived from the fund
established pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage Federal
lands in Alaska for subsistence uses under title VIII of the Alaska
National Interest Lands Conservation Act (Public Law 96-487),
$2,500,000, to remain available through September 30, 2018.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency fire suppression on or
adjacent to such lands or other lands under fire protection agreement,
hazardous fuels management on or adjacent to such lands, emergency
rehabilitation of burned-over National Forest System lands and water,
and for State and volunteer fire assistance, $2,593,763,000 (increased
by $70,000,000) (increased by $2,000,000), to remain available through
September 30, 2019: Provided, That such funds including unobligated
balances under this heading, are available for repayment of advances
from other appropriations accounts previously transferred for such
purposes: Provided further, That such funds shall be available to
reimburse State and other cooperating entities for services provided in
response to wildfire and other emergencies or disasters to the extent
such reimbursements by the Forest Service for non-fire emergencies are
fully repaid by the responsible emergency management agency: Provided
further, That notwithstanding any other provision of law, $6,914,000 of
funds appropriated under this appropriation shall be available for the
Forest Service in support of fire science research authorized by the
Joint Fire Science Program, including all Forest Service authorities
for the use of funds, such as contracts, grants, research joint venture
agreements, and cooperative agreements: Provided further, That all
authorities for the use of funds, including the use of contracts,
grants, and cooperative agreements, available to execute the Forest and
Rangeland Research appropriation, are also available in the utilization
of these funds for Fire Science Research: Provided further, That funds
provided shall be available for emergency rehabilitation and
restoration, hazardous fuels management activities, support to Federal
emergency response, and wildfire suppression activities of the Forest
Service: Provided further, That of the funds provided, $395,000,000
(increased by $70,000,000) is for hazardous fuels management
activities, $19,795,000 is for research activities and to make
competitive research grants pursuant to the Forest and Rangeland
Renewable Resources Research Act, (16 U.S.C. 1641 et seq.), $78,000,000
is for State fire assistance, and $13,000,000 (increased by $2,000,000)
is for volunteer fire assistance under section 10 of the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C. 2106): Provided further,
That amounts in this paragraph may be transferred to the ``National
Forest System'', and ``Forest and Rangeland Research'' accounts to fund
forest and rangeland research, the Joint Fire Science Program,
vegetation and watershed management, heritage site rehabilitation, and
wildlife and fish habitat management and restoration: Provided further,
That of the funds provided, $65,000,000 shall be available for the
purpose of acquiring aircraft for the next-generation airtanker fleet
to enhance firefighting mobility, effectiveness, efficiency, and
safety, and such aircraft shall be suitable for contractor operation
over the terrain and forest ecosystems characteristic of National
Forest System lands, as determined by the Chief of the Forest Service:
Provided further, That the costs of implementing any cooperative
agreement between the Federal Government and any non-Federal entity may
be shared, as mutually agreed on by the affected parties: Provided
further, That the funds provided herein may be used by the Secretary of
Agriculture to enter into procurement contracts or cooperative
agreements or to issue grants for hazardous fuels management activities
and for training or monitoring associated with such hazardous fuels
management activities on Federal land or on non-Federal land if the
Secretary determines such activities benefit resources on Federal land:
Provided further, That funds made available to implement the Community
Forest Restoration Act, Public Law 106-393, title VI, shall be
available for use on non-Federal lands in accordance with authorities
made available to the Forest Service under the ``State and Private
Forestry'' appropriation: Provided further, That the Secretary of the
Interior and the Secretary of Agriculture may authorize the transfer of
funds appropriated for wildland fire management, in an aggregate amount
not to exceed $50,000,000, between the Departments when such transfers
would facilitate and expedite wildland fire management programs and
projects: Provided further, That of the funds provided for hazardous
fuels management, not to exceed $5,000,000 may be used to make grants,
using any authorities available to the Forest Service under the ``State
and Private Forestry'' appropriation, for the purpose of creating
incentives for increased use of biomass from National Forest System
lands: Provided further, That funds designated for wildfire
suppression, including funds transferred from the ``FLAME Wildfire
Suppression Reserve Fund'', shall be assessed for cost pools on the
same basis as such assessments are calculated against other agency
programs: Provided further, That of the funds for hazardous fuels
management, up to $46,653,000 may be transferred to the ``National
Forest System'' to support the Integrated Resource Restoration pilot
program.
flame wildfire suppression reserve fund
(including transfers of funds)
For necessary expenses for large fire suppression operations of the
Department of Agriculture and as a reserve fund for suppression and
Federal emergency response activities, $315,000,000, to remain
available until expended: Provided, That such amounts are only
available for transfer to the ``Wildland Fire Management'' account
following a declaration by the Secretary in accordance with section 502
of the FLAME Act of 2009 (43 U.S.C. 1748a).
administrative provisions--forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and hire
of such vehicles; purchase, lease, operation, maintenance, and
acquisition of aircraft to maintain the operable fleet for use in
Forest Service wildland fire programs and other Forest Service
programs; notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft; (2)
services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for
employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration
of buildings and other public improvements (7 U.S.C. 2250); (4)
acquisition of land, waters, and interests therein pursuant to 7 U.S.C.
428a; (5) for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost
of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt
collection contracts in accordance with 31 U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service may be
transferred to the Wildland Fire Management appropriation for forest
firefighting, emergency rehabilitation of burned-over or damaged lands
or waters under its jurisdiction, and fire preparedness due to severe
burning conditions upon the Secretary's notification of the House and
Senate Committees on Appropriations that all fire suppression funds
appropriated under the headings ``Wildland Fire Management'' and
``FLAME Wildfire Suppression Reserve Fund'' will be obligated within 30
days: Provided, That all funds used pursuant to this paragraph must be
replenished by a supplemental appropriation which must be requested as
promptly as possible.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development in
connection with forest and rangeland research, technical information,
and assistance in foreign countries, and shall be available to support
forestry and related natural resource activities outside the United
States and its territories and possessions, including technical
assistance, education and training, and cooperation with United States,
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 United States Agency for International Development, the
Department of State, and the Millennium Challenge Corporation), United
States private sector firms, institutions and organizations to provide
technical assistance and training programs overseas on forestry and
rangeland management.
Funds appropriated to the Forest Service shall be available for
expenditure or transfer to the Department of the Interior, Bureau of
Land Management, for removal, preparation, and adoption of excess wild
horses and burros from National Forest System lands, and for the
performance of cadastral surveys to designate the boundaries of such
lands.
None of the funds made available to the Forest Service in this Act
or any other Act with respect to any fiscal year shall be subject to
transfer under the provisions of section 702(b) of the Department of
Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public
Law 106-224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107-171
(7 U.S.C. 8316(b)).
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and Senate
Committees on Appropriations in accordance with the reprogramming
procedures contained in this Act.
Not more than $82,000,000 of funds available to the Forest Service
shall be transferred to the Working Capital Fund of the Department of
Agriculture and not more than $14,500,000 of funds available to the
Forest Service shall be transferred to the Department of Agriculture
for Department Reimbursable Programs, commonly referred to as Greenbook
charges. Nothing in this paragraph shall prohibit or limit the use of
reimbursable agreements requested by the Forest Service in order to
obtain services from the Department of Agriculture's National
Information Technology Center and the Department of Agriculture's
International Technology Service.
Of the funds available to the Forest Service, up to $5,000,000
shall be available for priority projects within the scope of the
approved budget, which shall be carried out by the Youth Conservation
Corps and shall be carried out under the authority of the Public Lands
Corps Act of 1993, Public Law 103-82, as amended by Public Lands Corps
Healthy Forests Restoration Act of 2005, Public Law 109-154.
Of the funds available to the Forest Service, $4,000 is available
to the Chief of the Forest Service for official reception and
representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of
the funds available to the Forest Service, up to $3,000,000 may be
advanced in a lump sum to the National Forest Foundation to aid
conservation partnership projects in support of the Forest Service
mission, without regard to when the Foundation incurs expenses, for
projects on or benefitting National Forest System lands or related to
Forest Service programs: Provided, That of the Federal funds made
available to the Foundation, no more than $300,000 shall be available
for administrative expenses: Provided further, That the Foundation
shall obtain, by the end of the period of Federal financial assistance,
private contributions to match on at least one-for-one basis funds made
available by the Forest Service: Provided further, That the Foundation
may transfer Federal funds to a Federal or a non-Federal recipient for
a project at the same rate that the recipient has obtained the non-
Federal matching funds.
Pursuant to section 2(b)(2) of Public Law 98-244, up to $3,000,000
of the funds available to the Forest Service may be advanced to the
National Fish and Wildlife Foundation in a lump sum to aid cost-share
conservation projects, without regard to when expenses are incurred, on
or benefitting National Forest System lands or related to Forest
Service programs: Provided, That such funds shall be matched on at
least a one-for-one basis by the Foundation or its sub-recipients:
Provided further, That the Foundation may transfer Federal funds to a
Federal or non-Federal recipient for a project at the same rate that
the recipient has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities and natural resource-based businesses for sustainable rural
development purposes.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
Any funds appropriated to the Forest Service may be used to meet
the non-Federal share requirement in section 502(c) of the Older
Americans Act of 1965 (42 U.S.C. 3056(c)(2)).
Funds available to the Forest Service, not to exceed $65,000,000,
shall be assessed for the purpose of performing fire, administrative
and other facilities maintenance and decommissioning. Such assessments
shall occur using a square foot rate charged on the same basis the
agency uses to assess programs for payment of rent, utilities, and
other support services.
Notwithstanding any other provision of law, any appropriations or
funds available to the Forest Service not to exceed $500,000 may be
used to reimburse the Office of the General Counsel (OGC), Department
of Agriculture, for travel and related expenses incurred as a result of
OGC assistance or participation requested by the Forest Service at
meetings, training sessions, management reviews, land purchase
negotiations and similar nonlitigation-related matters. Future budget
justifications for both the Forest Service and the Department of
Agriculture should clearly display the sums previously transferred and
the requested funding transfers.
An eligible individual who is employed in any project funded under
title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) and
administered by the Forest Service shall be considered to be a Federal
employee for purposes of chapter 171 of title 28, United States Code.
Notwithstanding any other provision of this Act, through the Office
of Budget and Program Analysis, the Forest Service shall report no
later than 30 business days following the close of each fiscal quarter
all current and prior year unobligated balances, by fiscal year, budget
line item and account, to the House and Senate Committees on
Appropriations.
Funds appropriated to the Forest Service shall be available to
categorically exclude from documentation in an environmental assessment
or an environmental impact statement under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) a forest management
activity on National Forest System lands when the primary purpose of
the forest management activity is: (1) to address an insect or disease
infestation; (2) to reduce hazardous fuel loads; (3) to protect a
municipal water source; (4) to maintain, enhance, or modify critical
habitat to protect it from catastrophic disturbances; (5) to increase
water yield; or (6) any combination of these purposes: Provided, That
the land on which the forest management activity is carried out may not
exceed 3,000 acres.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination and Education Assistance Act,
the Indian Health Care Improvement Act, and titles II and III of the
Public Health Service Act with respect to the Indian Health Service,
$3,720,690,000, together with payments received during the fiscal year
pursuant to 42 U.S.C. 238(b) and 238b, for services furnished by the
Indian Health Service: Provided, That funds made available to tribes
and tribal organizations through contracts, grant agreements, or any
other agreements or compacts authorized by the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C. 450),
shall be deemed to be obligated at the time of the grant or contract
award and thereafter shall remain available to the tribe or tribal
organization without fiscal year limitation: Provided further, That
$960,831,000 for Purchased/Referred Care, including $53,000,000 for the
Indian Catastrophic Health Emergency Fund, shall remain available until
expended: Provided further, That of the funds provided, up to
$37,000,000 shall remain available until expended for implementation of
the loan repayment program under section 108 of the Indian Health Care
Improvement Act: Provided further, That of the funds provided,
$2,000,000 shall be used to supplement funds available for operational
costs at tribal clinics operated under an Indian Self-Determination and
Education Assistance Act compact or contract where health care is
delivered in space acquired through a full service lease, which is not
eligible for maintenance and improvement and equipment funds from the
Indian Health Service, and $6,000,000 shall be for accreditation
emergencies: Provided further, That the amounts collected by the
Federal Government as authorized by sections 104 and 108 of the Indian
Health Care Improvement Act (25 U.S.C. 1613a and 1616a) during the
preceding fiscal year for breach of contracts shall be deposited to the
Fund authorized by section 108A of the Act (25 U.S.C. 1616a-1) and
shall remain available until expended and, notwithstanding section
108A(c) of the Act (25 U.S.C. 1616a-1(c)), funds shall be available to
make new awards under the loan repayment and scholarship programs under
sections 104 and 108 of the Act (25 U.S.C. 1613a and 1616a): Provided
further, That the amounts made available within this account for the
Substance Abuse and Suicide Prevention Program, for the Domestic
Violence Prevention Program, for the Zero Suicide Initiative, for
aftercare pilots at Youth Regional Treatment Centers, to improve
collections from public and private insurance at Indian Health Service
and tribally operated facilities, and for accreditation emergencies
shall be allocated at the discretion of the Director of the Indian
Health Service and shall remain available until expended: Provided
further, That funds provided in this Act may be used for annual
contracts and grants that fall within 2 fiscal years, provided the
total obligation is recorded in the year the funds are appropriated:
Provided further, That the amounts collected by the Secretary of Health
and Human Services under the authority of title IV of the Indian Health
Care Improvement Act shall remain available until expended for the
purpose of achieving compliance with the applicable conditions and
requirements of titles XVIII and XIX of the Social Security Act, except
for those related to the planning, design, or construction of new
facilities: Provided further, That funding contained herein for
scholarship programs under the Indian Health Care Improvement Act (25
U.S.C. 1613) shall remain available until expended: Provided further,
That amounts received by tribes and tribal organizations under title IV
of the Indian Health Care Improvement Act shall be reported and
accounted for and available to the receiving tribes and tribal
organizations until expended: Provided further, That the Bureau of
Indian Affairs may collect from the Indian Health Service, tribes and
tribal organizations operating health facilities pursuant to Public Law
93-638, such individually identifiable health information relating to
disabled children as may be necessary for the purpose of carrying out
its functions under the Individuals with Disabilities Education Act (20
U.S.C. 1400, et seq.): Provided further, That the Indian Health Care
Improvement Fund may be used, as needed, to carry out activities
typically funded under the Indian Health Facilities account.
contract support costs
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and Education
Assistance Act agreements with the Indian Health Service for fiscal
year 2017, such sums as may be necessary: Provided, That
notwithstanding any other provision of law, no amounts made available
under this heading shall be available for transfer to another budget
account.
indian health facilities
For construction, repair, maintenance, improvement, and equipment
of health and related auxiliary facilities, including quarters for
personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings, and
purchases of trailers; and for provision of domestic and community
sanitation facilities for Indians, as authorized by section 7 of the
Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination
Act, and the Indian Health Care Improvement Act, and for expenses
necessary to carry out such Acts and titles II and III of the Public
Health Service Act with respect to environmental health and facilities
support activities of the Indian Health Service, $557,946,000, to
remain available until expended: Provided, That notwithstanding any
other provision of law, funds appropriated for the planning, design,
construction, renovation or expansion of health facilities for the
benefit of an Indian tribe or tribes may be used to purchase land on
which such facilities will be located: Provided further, That not to
exceed $500,000 may be used by the Indian Health Service to purchase
TRANSAM equipment from the Department of Defense for distribution to
the Indian Health Service and tribal facilities: Provided further, That
none of the funds appropriated to the Indian Health Service may be used
for sanitation facilities construction for new homes funded with grants
by the housing programs of the United States Department of Housing and
Urban Development: Provided further, That not to exceed $2,700,000 from
this account and the ``Indian Health Services'' account may be used by
the Indian Health Service to obtain ambulances for the Indian Health
Service and tribal facilities in conjunction with an existing
interagency agreement between the Indian Health Service and the General
Services Administration: Provided further, That not to exceed $500,000
may be placed in a Demolition Fund, to remain available until expended,
and be used by the Indian Health Service for the demolition of Federal
buildings.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C. 3109 at rates
not to exceed the per diem rate equivalent to the maximum rate payable
for senior-level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment; purchase of
reprints; purchase, renovation and erection of modular buildings and
renovation of existing facilities; payments for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary; uniforms or allowances therefor as
authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at
meetings that relate to the functions or activities of the Indian
Health Service: Provided, That in accordance with the provisions of the
Indian Health Care Improvement Act, non-Indian patients may be extended
health care at all tribally administered or Indian Health Service
facilities, subject to charges, and the proceeds along with funds
recovered under the Federal Medical Care Recovery Act (42 U.S.C. 2651-
2653) shall be credited to the account of the facility providing the
service and shall be available without fiscal year limitation: Provided
further, That notwithstanding any other law or regulation, funds
transferred from the Department of Housing and Urban Development to the
Indian Health Service shall be administered under Public Law 86-121,
the Indian Sanitation Facilities Act and Public Law 93-638: Provided
further, That funds appropriated to the Indian Health Service in this
Act, except those used for administrative and program direction
purposes, shall not be subject to limitations directed at curtailing
Federal travel and transportation: Provided further, That none of the
funds made available to the Indian Health Service in this Act shall be
used for any assessments or charges by the Department of Health and
Human Services unless identified in the budget justification and
provided in this Act, or approved by the House and Senate Committees on
Appropriations through the reprogramming process: Provided further,
That notwithstanding any other provision of law, funds previously or
herein made available to a tribe or tribal organization through a
contract, grant, or agreement authorized by title I or title V of the
Indian Self-Determination and Education Assistance Act of 1975 (25
U.S.C. 450), may be deobligated and reobligated to a self-determination
contract under title I, or a self-governance agreement under title V of
such Act and thereafter shall remain available to the tribe or tribal
organization without fiscal year limitation: Provided further, That
none of the funds made available to the Indian Health Service in this
Act shall be used to implement the final rule published in the Federal
Register on September 16, 1987, by the Department of Health and Human
Services, relating to the eligibility for the health care services of
the Indian Health Service until the Indian Health Service has submitted
a budget request reflecting the increased costs associated with the
proposed final rule, and such request has been included in an
appropriations Act and enacted into law: Provided further, That with
respect to functions transferred by the Indian Health Service to tribes
or tribal organizations, the Indian Health Service is authorized to
provide goods and services to those entities on a reimbursable basis,
including payments in advance with subsequent adjustment, and the
reimbursements received therefrom, along with the funds received from
those entities pursuant to the Indian Self-Determination Act, may be
credited to the same or subsequent appropriation account from which the
funds were originally derived, with such amounts to remain available
until expended: Provided further, That reimbursements for training,
technical assistance, or services provided by the Indian Health Service
will contain total costs, including direct, administrative, and
overhead associated with the provision of goods, services, or technical
assistance: Provided further, That the appropriation structure for the
Indian Health Service may not be altered without advance notification
to the House and Senate Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of Environmental
Health Sciences in carrying out activities set forth in section 311(a)
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the
Superfund Amendments and Reauthorization Act of 1986, $77,349,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances and
Disease Registry (ATSDR) in carrying out activities set forth in
sections 104(i) and 111(c)(4) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA) and section
3019 of the Solid Waste Disposal Act, $74,691,000, of which up to
$1,000 per eligible employee of the Agency for Toxic Substances and
Disease Registry shall remain available until expended for Individual
Learning Accounts: Provided, That notwithstanding any other provision
of law, in lieu of performing a health assessment under section
104(i)(6) of CERCLA, the Administrator of ATSDR may conduct other
appropriate health studies, evaluations, or activities, including,
without limitation, biomedical testing, clinical evaluations, medical
monitoring, and referral to accredited healthcare providers: Provided
further, That in performing any such health assessment or health study,
evaluation, or activity, the Administrator of ATSDR shall not be bound
by the deadlines in section 104(i)(6)(A) of CERCLA: Provided further,
That none of the funds appropriated under this heading shall be
available for ATSDR to issue in excess of 40 toxicological profiles
pursuant to section 104(i) of CERCLA during fiscal year 2017, and
existing profiles may be updated as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental Quality
pursuant to the National Environmental Policy Act of 1969, the
Environmental Quality Improvement Act of 1970, and Reorganization Plan
No. 1 of 1977, and not to exceed $750 for official reception and
representation expenses, $3,000,000: Provided, That notwithstanding
section 202 of the National Environmental Policy Act of 1970, the
Council shall consist of one member, appointed by the President, by and
with the advice and consent of the Senate, serving as chairman and
exercising all powers, functions, and duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, including hire of passenger
vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902, and for services authorized by 5 U.S.C. 3109 but at rates
for individuals not to exceed the per diem equivalent to the maximum
rate payable for senior level positions under 5 U.S.C. 5376,
$11,000,000: Provided, That the Chemical Safety and Hazard
Investigation Board (Board) shall have not more than three career
Senior Executive Service positions: Provided further, That
notwithstanding any other provision of law, the individual appointed to
the position of Inspector General of the Environmental Protection
Agency (EPA) shall, by virtue of such appointment, also hold the
position of Inspector General of the Board: Provided further, That
notwithstanding any other provision of law, the Inspector General of
the Board shall utilize personnel of the Office of Inspector General of
EPA in performing the duties of the Inspector General of the Board, and
shall not appoint any individuals to positions within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $15,431,000, to remain
available until expended: Provided, That funds provided in this or any
other appropriations Act are to be used to relocate eligible
individuals and groups including evictees from District 6, Hopi-
partitioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not included in the
preceding categories: Provided further, That none of the funds
contained in this or any other Act may be used by the Office of Navajo
and Hopi Indian Relocation to evict any single Navajo or Navajo family
who, as of November 30, 1985, was physically domiciled on the lands
partitioned to the Hopi Tribe unless a new or replacement home is
provided for such household: Provided further, That no relocatee will
be provided with more than one new or replacement home: Provided
further, That the Office shall relocate any certified eligible
relocatees who have selected and received an approved homesite on the
Navajo reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to 25 U.S.C. 640d-10:
Provided further, That $200,000 shall be transferred to the Office of
Inspector General of the Department of the Interior, to remain
available until expended, for audits and investigations of the Office
of Navajo and Hopi Indian Relocation, consistent with the Inspector
General Act of 1978 (5 U.S.C. App.).
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska Native
Culture and Arts Development, as authorized by title XV of Public Law
99-498 (20 U.S.C. 56 part A), $11,619,000, to remain available until
September 30, 2018.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art, science,
and history; development, preservation, and documentation of the
National Collections; presentation of public exhibits and performances;
collection, preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease agreements of no
more than 30 years, and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5
U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for
employees, $712,487,000 (reduced by $300,000) (increased by $300,000),
to remain available until September 30, 2018, except as otherwise
provided herein; of which not to exceed $50,467,000 for the
instrumentation program, collections acquisition, exhibition
reinstallation, the National Museum of African American History and
Culture, and the repatriation of skeletal remains program shall remain
available until expended; and including such funds as may be necessary
to support American overseas research centers: Provided, That funds
appropriated herein are available for advance payments to independent
contractors performing research services or participating in official
Smithsonian presentations.
facilities capital
For necessary expenses of repair, revitalization, and alteration of
facilities owned or occupied by the Smithsonian Institution, by
contract or otherwise, as authorized by section 2 of the Act of August
22, 1949 (63 Stat. 623), and for construction, including necessary
personnel, $150,860,000, to remain available until expended, of which
not to exceed $10,000 shall be for services as authorized by 5 U.S.C.
3109.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including services as
authorized by 5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum, and art
associations or societies whose publications or services are available
to members only, or to members at a price lower than to the general
public; purchase, repair, and cleaning of uniforms for guards, and
uniforms, or allowances therefor, for other employees as authorized by
law (5 U.S.C. 5901-5902); purchase or rental of devices and services
for protecting buildings and contents thereof, and maintenance,
alteration, improvement, and repair of buildings, approaches, and
grounds; and purchase of services for restoration and repair of works
of art for the National Gallery of Art by contracts made, without
advertising, with individuals, firms, or organizations at such rates or
prices and under such terms and conditions as the Gallery may deem
proper, $130,801,000, to remain available until September 30, 2018, of
which not to exceed $3,620,000 for the special exhibition program shall
remain available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and renovation of
buildings, grounds and facilities owned or occupied by the National
Gallery of Art, by contract or otherwise, for operating lease
agreements of no more than 10 years, with no extensions or renewals
beyond the 10 years, that address space needs created by the ongoing
renovations in the Master Facilities Plan, as authorized, $22,564,000,
to remain available until expended: Provided, That contracts awarded
for environmental systems, protection systems, and exterior repair or
renovation of buildings of the National Gallery of Art may be
negotiated with selected contractors and awarded on the basis of
contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and security
of the John F. Kennedy Center for the Performing Arts, $22,260,000.
capital repair and restoration
For necessary expenses for capital repair and restoration of the
existing features of the building and site of the John F. Kennedy
Center for the Performing Arts, $14,140,000, to remain available until
expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of
passenger vehicles and services as authorized by 5 U.S.C. 3109,
$10,500,000, to remain available until September 30, 2018.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $149,849,000 shall be available to
the National Endowment for the Arts for the support of projects and
productions in the arts, including arts education and public outreach
activities, through assistance to organizations and individuals
pursuant to section 5 of the Act, for program support, and for
administering the functions of the Act, to remain available until
expended.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $149,848,000, to remain available
until expended, of which $139,148,000 shall be available for support of
activities in the humanities, pursuant to section 7(c) of the Act and
for administering the functions of the Act; and $10,700,000 shall be
available to carry out the matching grants program pursuant to section
10(a)(2) of the Act, including $8,500,000 for the purposes of section
7(h): Provided, That appropriations for carrying out section 10(a)(2)
shall be available for obligation only in such amounts as may be equal
to the total amounts of gifts, bequests, devises of money, and other
property accepted by the chairman or by grantees of the National
Endowment for the Humanities under the provisions of sections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal
years for which equal amounts have not previously been appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913: Provided,
That none of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official reception and
representation expenses: Provided further, That funds from
nonappropriated sources may be used as necessary for official reception
and representation expenses: Provided further, That the Chairperson of
the National Endowment for the Arts may approve grants of up to
$10,000, if in the aggregate the amount of such grants does not exceed
5 percent of the sums appropriated for grantmaking purposes per year:
Provided further, That such small grant actions are taken pursuant to
the terms of an expressed and direct delegation of authority from the
National Council on the Arts to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under chapter 91 of
title 40, United States Code, $2,762,000: Provided, That the Commission
is authorized to charge fees to cover the full costs of its
publications, and such fees shall be credited to this account as an
offsetting collection, to remain available until expended without
further appropriation: Provided further, That the Commission is
authorized to accept gifts, including objects, papers, artwork,
drawings and artifacts, that pertain to the history and design of the
Nation's Capital or the history and activities of the Commission of
Fine Arts, for the purpose of artistic display, study or education:
Provided further, That one-tenth of one percent of the funds provided
under this heading may be used for official reception and
representation expenses.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190 (20
U.S.C. 956a), $2,000,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665), $6,480,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses of the National Capital Planning Commission
under chapter 87 of title 40, United States Code, including services as
authorized by 5 U.S.C. 3109, $8,099,000: Provided, That one-quarter of
1 percent of the funds provided under this heading may be used for
official reception and representational expenses associated with
hosting international visitors engaged in the planning and physical
development of world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as authorized by
Public Law 106-292 (36 U.S.C. 2301-2310), $57,000,000, of which
$1,215,000 shall remain available until September 30, 2019, for the
Museum's equipment replacement program; and of which $2,500,000 for the
Museum's repair and rehabilitation program and $1,264,000 for the
Museum's outreach initiatives program shall remain available until
expended.
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
restriction on use of funds
Sec. 401. No part of any appropriation contained in this Act shall
be available for any activity or the publication or distribution of
literature that in any way tends to promote public support or
opposition to any legislative proposal on which Congressional action is
not complete other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
obligation of appropriations
Sec. 402. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
reprogramming procedures, disclosure of administrative expenses, and
operating plans
Sec. 403. (a) Definitions.--For the purposes of this section:
(1) ``Reprogramming'' includes:
(A) The reallocation of funds from one program,
project, or activity, to another within any
appropriation funded in this Act.
(B) For construction, land acquisition, and forest
legacy accounts, the reallocation of funds, including
unobligated balances, from one construction, land
acquisition, or forest legacy project to another such
project.
(C) An operating plan or any later modification
thereof submitted under subsection (i) of this section.
(D) Proposed reorganizations even without a change
in funding, including any change to the organization
table presented in the budget justification.
(2) ``Program'', ``project'', and ``activity'' constitute
the delineation below the appropriation account level of any
agency funded by this Act, as shown in any table of the report
accompanying this Act.
(3) ``Funds'' includes funds provided in this Act or
previous appropriations Acts that are available for obligation
in the current fiscal year and any amounts available for
obligation in the current fiscal year derived from collections,
fees or charges.
(4) ``Assessment'' is any overhead charge, deduction,
reserve or holdback, including working capital fund and cost
pool charges, from any program, project, and activity to
support government-wide, departmental, agency, or bureau
administrative functions or headquarters, regional, or central
operations or to provide for contingencies.
(b) General Guidelines For Reprogramming.--
(1) A reprogramming should be made only when an unforeseen
situation arises, and then only if postponement of the project
or the activity until the next appropriation year would result
in actual loss or damage.
(2) Any project or activity, which may be deferred through
reprogramming, shall not later be accomplished by means of
further reprogramming, but instead, funds should again be
sought for the deferred project or activity through the regular
appropriations process.
(3) Except under the most urgent situations, reprogramming
should not be employed to initiate new programs or increase
allocations specifically denied or limited by the Congress, or
to decrease allocations specifically increased by the Congress.
(4) New programs requested in the budget should not be
initiated before enactment of the bill without notification to,
and the approval of, the Committees on Appropriations of the
House of Representatives and the Senate (hereinafter ``the
Committees''). This restriction applies to all such actions
regardless of whether a formal reprogramming of funds is
required to begin the program.
(c) Criteria.--
(1) A reprogramming shall be submitted to the Committees in
writing 30 days prior to implementation if--
(A) it exceeds $1,000,000 individually or
cumulatively or results in a cumulative increase or
decrease of more than 10 percent of funds annually in
any affected program, project, or activity;
(B) it is a reorganization; or
(C) it is an operating plan or any later
modification thereof as submitted under subsection (i)
of this section: Provided, That such plan or
modification thereof also meets any of the other
criteria under subsection (c)(1) of this section.
(2) No funds shall be available for obligation or
expenditure through a reprogramming until 30 days after the
receipt by the Committees of a notice of proposed
reprogramming.
(3) A reprogramming shall be considered approved 30 days
after receipt if the Committees have posed no objection.
However, agencies will be expected to extend the approval
deadline if specifically requested by either Committee.
(d) Exceptions.--
(1) With regard to the tribal priority allocations of the
Bureau of Indian Affairs, there is no restriction on
reprogrammings among these programs. However, the Bureau shall
report on all reprogrammings made during a given fiscal year no
later than 60 days after the end of the fiscal year.
(2) With regard to the Environmental Protection Agency,
State and Tribal Assistance Grants account, the Committees do
not require reprogramming requests associated with States and
Tribes Partnership Grants.
(e) Assessments.--
(1) No assessment shall be levied or collected unless such
assessment and the basis therefor are presented to the
Committees in the budget justifications and are subsequently
approved by the Committees. The explanation for any assessment
in the budget justification shall show the amount of the
assessment, the activities assessed, and the purpose of the
funds.
(2) Proposed changes to estimated assessments, as such
estimates were presented in annual budget justifications, shall
be submitted through the reprogramming process set out in this
section and shall be subject to the same dollar and reporting
criteria as any other reprogramming.
(3) Each department, agency or bureau that utilizes
assessments shall submit an annual report to the Committees
which provides details on the use of all funds assessed from
any other program, project, or activity.
(4) In no case shall contingency funds or assessments be
used to finance agency actions disapproved or limited by the
Congress.
(f) Land Acquisitions, Easements, and Forest Legacy.--Lands shall
not be acquired for more than the approved appraised value (as
addressed in section 301(3) of Public Law 91-646), unless such
acquisitions are submitted to the Committees for approval in compliance
with these procedures.
(g) Land Exchanges.--Land exchanges, wherein the estimated value of
the Federal lands to be exchanged is greater than $1,000,000, shall not
be consummated until the Committees have had a 30-day period in which
to examine the proposed exchange. In addition, the Committees shall be
provided advance notification of exchanges valued between $500,000 and
$1,000,000.
(h) Budget Structure.--The program, project, and activity structure
for any agency appropriation account shall not be altered without
advance approval of the Committees.
(i) Operating Plans.--Not later than 60 days after the date of
enactment of this Act, each department or agency funded by this Act
shall submit an operating plan to the Committees to establish the
baseline for application of reprogramming for the current fiscal year.
The operating plan shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made by
the Congress, enacted rescissions, if appropriate, and the
fiscal year enacted level;
(2) a delineation in the table for each appropriation by
program, project, and activity for the respective
appropriation; and
(3) an identification of items of special congressional
interest.
mining applications
Sec. 404. (a) Limitation of Funds.--None of the funds appropriated
or otherwise made available pursuant to this Act shall be obligated or
expended to accept or process applications for a patent for any mining
or mill site claim located under the general mining laws.
(b) Exceptions.--Subsection (a) shall not apply if the Secretary of
the Interior determines that, for the claim concerned: (1) a patent
application was filed with the Secretary on or before September 30,
1994; and (2) all requirements established under sections 2325 and 2326
of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims,
sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C.
35, 36, and 37) for placer claims, and section 2337 of the Revised
Statutes (30 U.S.C. 42) for mill site claims, as the case may be, were
fully complied with by the applicant by that date.
(c) Report.--On September 30, 2018, the Secretary of the Interior
shall file with the House and Senate Committees on Appropriations and
the Committee on Natural Resources of the House and the Committee on
Energy and Natural Resources of the Senate a report on actions taken by
the Department under the plan submitted pursuant to section 314(c) of
the Department of the Interior and Related Agencies Appropriations Act,
1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent applications
in a timely and responsible manner, upon the request of a patent
applicant, the Secretary of the Interior shall allow the applicant to
fund a qualified third-party contractor to be selected by the Director
of the Bureau of Land Management to conduct a mineral examination of
the mining claims or mill sites contained in a patent application as
set forth in subsection (b). The Bureau of Land Management shall have
the sole responsibility to choose and pay the third-party contractor in
accordance with the standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.
contract support costs, prior year limitation
Sec. 405. Sections 405 and 406 of division F of the Consolidated
and Further Continuing Appropriations Act, 2015 (Public Law 113-235)
shall continue in effect in fiscal year 2017.
contract support costs, fiscal year 2017 limitation
Sec. 406. Amounts provided by this Act for fiscal year 2017 under
the headings ``Department of Health and Human Services, Indian Health
Service, Contract Support Costs'' and ``Department of the Interior,
Bureau of Indian Affairs and Bureau of Indian Education, Contract
Support Costs'' are the only amounts available for contract support
costs arising out of self-determination or self-governance contracts,
grants, compacts, or annual funding agreements for fiscal year 2017
with the Bureau of Indian Affairs or the Indian Health Service:
Provided, That such amounts provided by this Act are not available for
payment of claims for contract support costs for prior years, or for
repayments of payments for settlements or judgments awarding contract
support costs for prior years.
forest management plans
Sec. 407. The Secretary of Agriculture shall not be considered to
be in violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A))
solely because more than 15 years have passed without revision of the
plan for a unit of the National Forest System. Nothing in this section
exempts the Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or
any other law: Provided, That if the Secretary is not acting
expeditiously and in good faith, within the funding available, to
revise a plan for a unit of the National Forest System, this section
shall be void with respect to such plan and a court of proper
jurisdiction may order completion of the plan on an accelerated basis.
prohibition within national monuments
Sec. 408. No funds provided in this Act may be expended to conduct
preleasing, leasing and related activities under either the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431
et seq.) as such boundary existed on January 20, 2001, except where
such activities are allowed under the Presidential proclamation
establishing such monument.
limitation on takings
Sec. 409. Unless otherwise provided herein, no funds appropriated
in this Act for the acquisition of lands or interests in lands may be
expended for the filing of declarations of taking or complaints in
condemnation without the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not apply to funds
appropriated to implement the Everglades National Park Protection and
Expansion Act of 1989, or to funds appropriated for Federal assistance
to the State of Florida to acquire lands for Everglades restoration
purposes.
timber sale requirements
Sec. 410. No timber sale in Alaska's Region 10 shall be advertised
if the indicated rate is deficit (defined as the value of the timber is
not sufficient to cover all logging and stumpage costs and provide a
normal profit and risk allowance under the Forest Service's appraisal
process) when appraised using a residual value appraisal. The western
red cedar timber from those sales which is surplus to the needs of the
domestic processors in Alaska, shall be made available to domestic
processors in the contiguous 48 United States at prevailing domestic
prices. All additional western red cedar volume not sold to Alaska or
contiguous 48 United States domestic processors may be exported to
foreign markets at the election of the timber sale holder. All Alaska
yellow cedar may be sold at prevailing export prices at the election of
the timber sale holder.
prohibition on no-bid contracts
Sec. 411. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be used to enter
into any Federal contract unless such contract is entered into in
accordance with the requirements of Chapter 33 of title 41, United
States Code, or Chapter 137 of title 10, United States Code, and the
Federal Acquisition Regulation, unless--
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian
tribes; or
(2) such contract is authorized by the Indian Self-
Determination and Education Assistance Act (Public Law 93-638,
25 U.S.C. 450 et seq.) or by any other Federal laws that
specifically authorize a contract within an Indian tribe as
defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of
enactment of this Act.
posting of reports
Sec. 412. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by the
Congress in this or any other Act, upon the determination by the head
of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
national endowment for the arts grant guidelines
Sec. 413. Of the funds provided to the National Endowment for the
Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or
American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made
to a State or local arts agency, or regional group, may be used
to make a grant to any other organization or individual to
conduct activity independent of the direct grant recipient.
Nothing in this subsection shall prohibit payments made in
exchange for goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs or projects.
national endowment for the arts program priorities
Sec. 414. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the Humanities
Act of 1965 from funds appropriated under this Act, the Chairperson of
the National Endowment for the Arts shall ensure that priority is given
to providing services or awarding financial assistance for projects,
productions, workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population
of individuals, including urban minorities, who have
historically been outside the purview of arts and humanities
programs due to factors such as a high incidence of income
below the poverty line or to geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance under
the National Foundation on the Arts and Humanities Act of 1965 with
funds appropriated by this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out section 5 of
the National Foundation on the Arts and Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several
States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each
grant category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
status of balances of appropriations
Sec. 415. The Department of the Interior, the Environmental
Protection Agency, the Forest Service, and the Indian Health Service
shall provide the Committees on Appropriations of the House of
Representatives and Senate quarterly reports on the status of balances
of appropriations including all uncommitted, committed, and unobligated
funds in each program and activity.
report on use of climate change funds
Sec. 416. Not later than 120 days after the date on which the
President's fiscal year 2018 budget request is submitted to the
Congress, the President shall submit a comprehensive report to the
Committees on Appropriations of the House of Representatives and the
Senate describing in detail all Federal agency funding, domestic and
international, for climate change programs, projects, and activities in
fiscal years 2016 and 2017, including an accounting of funding by
agency with each agency identifying climate change programs, projects,
and activities and associated costs by line item as presented in the
President's Budget Appendix, and including citations and linkages where
practicable to each strategic plan that is driving funding within each
climate change program, project, and activity listed in the report.
prohibition on use of funds
Sec. 417. Notwithstanding any other provision of law, none of the
funds made available in this Act or any other Act may be used to
promulgate or implement any regulation requiring the issuance of
permits under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for
carbon dioxide, nitrous oxide, water vapor, or methane emissions
resulting from biological processes associated with livestock
production.
greenhouse gas reporting restrictions
Sec. 418. Notwithstanding any other provision of law, none of the
funds made available in this or any other Act may be used to implement
any provision in a rule, if that provision requires mandatory reporting
of greenhouse gas emissions from manure management systems.
modification of authorities
Sec. 419. (a) Section 8162(m)(3) of the Department of Defense
Appropriations Act, 2000 (40 U.S.C. 8903 note; Public Law 106-79) is
amended by striking ``September 30, 2016'' and inserting ``September
30, 2017''.
(b) For fiscal year 2017, the authority provided by the provisos
under the heading ``Dwight D. Eisenhower Memorial Commission--Capital
Construction'' in division E of Public Law 112-74 shall not be in
effect.
funding prohibition
Sec. 420. None of the funds made available by this or any other
Act may be used to regulate the lead content of ammunition, ammunition
components, or fishing tackle under the Toxic Substances Control Act
(15 U.S.C. 2601 et seq.) or any other law.
extension of grazing permits
Sec. 421. The terms and conditions of section 325 of Public Law
108-108 (117 Stat. 1307), regarding grazing permits issued by the
Forest Service on any lands not subject to administration under section
402 of the Federal Lands Policy and Management Act (43 U.S.C. 1752),
shall remain in effect for fiscal year 2017.
recreation fee
Sec. 422. Section 810 of the Federal Lands Recreation Enhancement
Act (16 U.S.C. 6809) is amended by striking ``September 30, 2017'' and
inserting ``September 30, 2018''.
stewardship contracting amendments
Sec. 423. Section 604(d) of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6591c(d)) is amended--
(1) in paragraph (5), by adding at the end the following:
``Notwithstanding section 2 of the Act of July 31, 1947
(commonly known as the Materials Act of 1947; 30 U.S.C. 602),
the Director may enter into an agreement or contract under
subsection (b).''; and
(2) in paragraph (7)--
(A) by striking ``and the Director''; and
(B) by inserting ``entered into by the Chief''
after ``contracts and agreements''.
funding prohibition
Sec. 424. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
definition of fill material
Sec. 425. None of the funds made available in this Act or any
other Act may be used by the Environmental Protection Agency to
develop, adopt, implement, administer, or enforce any change to the
regulations in effect on October 1, 2012, pertaining to the definitions
of the terms ``fill material'' or ``discharge of fill material'' for
the purposes of the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.).
clarification of exemptions
Sec. 426. Notwithstanding section 404(f)(2) of the Federal Water
Pollution Control Act (33 U.S.C. 1344(f)(2)), none of the funds made
available by this Act may be used to require a permit for the discharge
of dredged or fill material under the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.) for the activities identified in
subparagraphs (A) and (C) of section 404(f)(1) of the Act (33 U.S.C.
1344(f)(1)(A), (C)).
waters of the united states
Sec. 427. None of the funds made available in this Act or any
other Act for any fiscal year may be used to develop, adopt, implement,
administer, or enforce any change to the regulations and guidance in
effect on October 1, 2012, pertaining to the definition of waters under
the jurisdiction of the Federal Water Pollution Control Act (33 U.S.C.
1251, et seq.), including the provisions of the rules dated November
13, 1986, and August 25, 1993, relating to said jurisdiction, and the
guidance documents dated January 15, 2003, and December 2, 2008,
relating to said jurisdiction.
hunting, fishing, and recreational shooting on federal land
Sec. 428. (a) Limitation on Use of Funds.--None of the funds made
available by this or any other Act for any fiscal year may be used to
prohibit the use of or access to Federal land (as such term is defined
in section 3 of the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6502)) for hunting, fishing, or recreational shooting if such use or
access--
(1) was not prohibited on such Federal land as of January
1, 2013; and
(2) was conducted in compliance with the resource
management plan (as defined in section 101 of such Act (16
U.S.C. 6511)) applicable to such Federal land as of January 1,
2013.
(b) Temporary Closures Allowed.--Notwithstanding subsection (a),
the Secretary of the Interior or the Secretary of Agriculture may
temporarily close, for a period not to exceed 30 days, Federal land
managed by the Secretary to hunting, fishing, or recreational shooting
if the Secretary determines that the temporary closure is necessary to
accommodate a special event or for public safety reasons. The Secretary
may extend a temporary closure for one additional 90-day period only if
the Secretary determines the extension is necessary because of
extraordinary weather conditions or for public safety reasons.
(c) Authority of States.--Nothing in this section shall be
construed as affecting the authority, jurisdiction, or responsibility
of the several States to manage, control, or regulate fish and resident
wildlife under State law or regulations.
lead test kit
Sec. 429. None of the funds made available by this Act may be used
to enforce regulations under sections 745.84 and 745.86 of title 40,
Code of Federal Regulations, or any subsequent amendments to such
regulations, until the Administrator of the Environmental Protection
Agency--
(1) publicizes Environmental Protection Agency recognition
of a commercially available lead test kit that meets both
criteria under section 745.88(c) of title 40, Code of Federal
Regulations; or
(2) solicits public comment on alternatives to subpart E of
part 745 of title 40, Code of Federal Regulations, following
the date of enactment of this Act.
financial assurance
Sec. 430. None of the funds made available by this Act may be used
to develop, propose, finalize, implement, enforce, or administer any
regulation that would establish new financial responsibility
requirements pursuant to section 108(b) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9608(b)).
ghg nsps
Sec. 431. None of the funds made available by this Act shall be
used to propose, finalize, implement, or enforce--
(1) any standard of performance under section 111(b) of the
Clean Air Act (42 U.S.C. 7411(b)) for any new fossil fuel-fired
electricity utility generating unit if the Administrator of the
Environmental Protection Agency's determination that a
technology is adequately demonstrated includes consideration of
one or more facilities for which assistance is provided
(including any tax credit) under subtitle A of title IV of the
Energy Policy Act of 2005 (42 U.S.C. 15961 et seq.) or section
48A of the Internal Revenue Code of 1986;
(2) any regulation or guidance under section 111(b) of the
Clean Air Act (42 U.S.C. 7411(b)) establishing any standard of
performance for emissions of any greenhouse gas from any
modified or reconstructed source that is a fossil fuel-fired
electric utility generating unit; or
(3) any regulation or guidance under section 111(d) of the
Clean Air Act (42 U.S.C. 7411(d)) that applies to the emission
of any greenhouse gas by an existing source that is a fossil
fuel-fired electric utility generating unit.
availability of vacant grazing allotments
Sec. 432. The Secretary of the Interior, with respect to public
lands administered by the Bureau of Land Management, and the Secretary
of Agriculture, with respect to the National Forest System lands, shall
make vacant grazing allotments available to a holder of a grazing
permit or lease issued by either Secretary if the lands covered by the
permit or lease or other grazing lands used by the holder of the permit
or lease are unusable because of drought or wildfire, as determined by
the Secretary concerned. The terms and conditions contained in a permit
or lease made available pursuant to this section shall be the same as
the terms and conditions of the most recent permit or lease that was
applicable to the vacant grazing allotment made available. Section 102
of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) shall
not apply with respect to any Federal agency action under this section.
protection of water rights
Sec. 433. None of the funds made available in this or any other
Act may be used to condition the issuance, renewal, amendment, or
extension of any permit, approval, license, lease, allotment, easement,
right-of-way, or other land use or occupancy agreement on the transfer
of any water right, including sole and joint ownership, directly to the
United States, or any impairment of title, in whole or in part, granted
or otherwise recognized under State law, by Federal or State
adjudication, decree, or other judgment, or pursuant to any interstate
water compact. Additionally, none of the funds made available in this
or any other Act may be used to require any water user to apply for or
acquire a water right in the name of the United States under State law
as a condition of the issuance, renewal, amendment, or extension of any
permit, approval, license, lease, allotment, easement, right-of-way, or
other land use or occupancy agreement.
limitation on status changes
Sec. 434. None of the funds made available by this Act shall be
used to propose, finalize, implement, or enforce any regulation or
guidance under Section 612 of the Clean Air Act (42 U.S.C. 7671k) that
changes the status from acceptable to unacceptable for purposes of the
Significant New Alternatives Policy (SNAP) program of any
hydrofluorocarbon used as a refrigerant or in foam blowing agents,
applications or uses. Nothing in this section shall prevent EPA from
approving new materials, applications or uses as acceptable under the
SNAP program.
use of american iron and steel
Sec. 435. (a)(1) None of the funds made available by a State water
pollution control revolving fund as authorized by section 1452 of the
Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project
for the construction, alteration, maintenance, or repair of a public
water system or treatment works unless all of the iron and steel
products used in the project are produced in the United States.
(2) In this section, the term ``iron and steel'' products means the
following products made primarily of iron or steel: lined or unlined
pipes and fittings, manhole covers and other municipal castings,
hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and construction
materials.
(b) Subsection (a) shall not apply in any case or category of cases
in which the Administrator of the Environmental Protection Agency (in
this section referred to as the ``Administrator'') finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities and of
a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project by
more than 25 percent.
(c) If the Administrator receives a request for a waiver under this
section, the Administrator shall make available to the public on an
informal basis a copy of the request and information available to the
Administrator concerning the request, and shall allow for informal
public input on the request for at least 15 days prior to making a
finding based on the request. The Administrator shall make the request
and accompanying information available by electronic means, including
on the official public Internet Web site of the Environmental
Protection Agency.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Administrator may retain up to 0.25 percent of the funds
appropriated in this Act for the Clean and Drinking Water State
Revolving Funds for carrying out the provisions described in subsection
(a)(1) for management and oversight of the requirements of this
section.
social cost of carbon
Sec. 436. None of the funds made available by this or any other
Act shall be used for the social cost of carbon (SCC) to be
incorporated into any rulemaking or guidance document until a new
Interagency Working Group (IWG) revises the estimates using the
discount rates and the domestic-only limitation on benefits estimates
in accordance with Executive Order No. 12866 and OMB Circular A-4 as of
January 1, 2015: Provided, That such IWG shall provide to the public
all documents, models, and assumptions used in developing the SCC and
solicit public comment prior to finalizing any revised estimates.
limitation on use of funds for designated representatives
Sec. 437. None of the funds made available by this or any other
Act may be used to implement or enforce, or to require States to
implement or enforce, the provisions of 40 CFR 170.311(b)(9) as
published in the Federal Register on November 2, 2015.
ozone
Sec. 438. To implement the national ambient air quality standards
for ozone published in the Federal Register on October 26, 2015 (80
Fed. Reg. 65292):
(1) the Governor of each State shall designate areas of the
State as attainment, nonattainment, or unclassifiable with
respect to the standards not later than October 26, 2024;
(2) the Administrator of the Environmental Protection
Agency shall promulgate final designations for all areas in all
States with respect to the standards not later than October 26,
2025;
(3) each State shall submit the plan required by section
110(a)(1) of the Clean Air Act (42 U.S.C. 7410(a)(1)) for the
standards not later than October 26, 2026;
(4) the standards shall not apply to the review and
disposition of a preconstruction permit application required
under part C or D of title I of the Clean Air Act (42 U.S.C.
7470 et seq.) if the Administrator or the State, local or
tribal permitting authority, as applicable, has determined the
application to be complete prior to the date of promulgation of
final designations, or has published a public notice of a
preliminary determination or draft permit before the date that
is 60 days after the date of promulgation of final
designations; and
(5) the provisions of subsections (1) through (4) above
shall apply notwithstanding the deadlines set forth in Section
107(d) of the Clean Air Act (42 U.S.C. 7407(d)) and Section
110(a)(1) of the Clean Air Act (42 U.S.C. 7410(a)(1)).
methane emissions
Sec. 439. None of the funds made available by this Act shall be
used to develop, propose, finalize, implement or enforce--
(1) any rule or guideline to address methane emissions from
sources in the oil and natural gas sector under Sections 111(b)
or (d) of the Clean Air Act (42 U.S.C. 7411(b), 7411(d));
(2) any rule changing the term ``adjacent'' for purposes of
defining ``stationary source'' and ``major source'' as applied
to the oil and gas sector under the Clean Air Act; and
(3) proposed Draft Control Techniques Guidelines for the
Oil and Natural Gas Industry released September 18, 2015 (80
Fed. Reg. 56577).
royalty rates
Sec. 440. None of the funds made available by this Act may be used
to implement any changes to royalty rates or product valuation
regulations under Federal coal, oil, and gas leasing programs.
program review
Sec. 441. (a) Termination.--Secretarial Order 3338, issued by the
Secretary of the Interior on January 15, 2016, shall have no force or
effect on and after the earlier of--
(1) September 30, 2017; or
(2) the date of publication of notice under subsection (b).
(b) Publication of Notice.--The Secretary of the Interior shall
promptly publish notice of the completion of the Programmatic
Environmental Impact Statement directed to be prepared under that
order.
national gallery of art
Sec. 442. Section 6301(2) of title 40, United States Code, is
amended--
(1) in the matter preceding subparagraph (A), by striking
``The National Gallery of Art'' and inserting ``(A) The
National Gallery of Art'';
(2) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively; and
(3) by adding at the end the following new subparagraph:
``(B) All other buildings, service roads, walks, and other
areas within the exterior boundaries of any real estate or land
or interest in land (including temporary use) that the National
Gallery of Art acquires and that the Director of the National
Gallery of Art determines to be necessary for the adequate
protection of individuals or property in the National Gallery
of Art and suitable for administration as a part of the
National Gallery of Art.''.
blm planning 2.0 rulemaking on land use planning procedures
Sec. 443. None of the funds made available by this Act may be used
to promulgate, implement, administer, or enforce the rule published by
the Bureau of Land Management in the Federal Register on February 25,
2016 (81 Fed. Reg. 9673 et seq.; Fed. Reg. Doc. No. 2016-03232), to
amend subparts 1601 and 1610 of title 43, Code of Federal Regulations,
which establish the procedures used to prepare, revise, or amend land
use plans pursuant to the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.), until the Secretary of the Interior
provides an additional 90-day period for public comments on the
proposed rule and holds at least one more public meeting on the
proposed rule in each of the eleven contiguous Western States (as
defined in section 103(o) of such Act (43 U.S.C. 1702(o))), Texas. and
Oklahoma.
humane transfer of excess animals
Sec. 444. Notwithstanding any other provision of law, the
Secretary of the Interior may transfer excess wild horses or burros
that have been removed from the public lands to other Federal, State,
and local government agencies for use as work animals: Provided, That
the Secretary may make any such transfer immediately upon request of
such Federal, State, or local government agency: Provided further, That
any excess animal transferred under this provision shall lose its
status as a wild free-roaming horse or burro as defined in the Wild
Free-Roaming Horses and Burros Act: Provided further, That any Federal,
State, or local government agency receiving excess wild horses or
burros as authorized in this section shall not destroy the horses or
burros in a way that results in their destruction into commercial
products, or sell or otherwise transfer the horses in a way that
results in their destruction for processing into commercial products.
limitation on use of funds for treatment of lesser prairie chicken
under endangered species act of 1973
Sec. 445. None of the funds made available by this Act shall be
used to treat the lesser prairie chicken as an endangered species or
threatened species, or a candidate for listing as such a species, under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
indian health governing board
Sec. 446. Not later than six months after the date of receipt by
the Secretary of Health and Human Services of a written request from
the tribe or tribes served by a hospital operated by the Indian Health
Service, the Secretary shall install a governance board exclusively for
such hospital for a trial period of three years: Provided, That the
governance board shall be comprised of Indian Health Service senior
executives, elected tribal officials, and hospital administration
experts outside of the Indian Health Service system: Provided further,
that the governance board shall follow industry-wide best practices:
Provided further, that the governance board shall approve, oversee the
implementation of, and evaluate metrics of quality care, patient safety
and satisfaction, and finance: Provided further, that the governance
board shall work with the Indian Health Service on developing standards
and procedures for employee recruitment, retention, training,
communication, and dismissal to assure consistency with other high
performing federally run health facilities: Provided further, that the
hospital shall have a chief executive officer hired and accountable to
the Director of the Indian Health Service who shall be a liaison
between the Indian Health Service and the governance board: Provided
further, that the chief executive officer shall retain authority for
all hospital personnel matters in accordance with existing law:
Provided further, that the chief executive officer and the governance
board shall sign a memorandum of understanding to share all pertinent
hospital information while protecting individual privacy rights in
accordance with existing law: Provided further, that the Secretary
shall replace the chief executive officer upon receipt of a written
request by the governance board: Provided further, that the governance
board shall meet at the hospital regularly: Provided further, that the
governance board shall regularly communicate to the affected tribe or
tribes, to the Secretary, and to the Congress: Provided further, that
at the end of the trial period, the governance board shall publish and
disseminate a report evaluating the aforementioned metrics and
providing recommendations for any other tribe or tribes wanting to
establish a similar governance board at any other hospital operated by
the Indian Health Service: Provided further, that if a tribe moves from
direct service delivery to delivery through contracting or compacting
pursuant to Public Law 93-638, the tribe involved in the pilot has the
opportunity to end the pilot and the opportunity to collaborate with
the Indian Health Service to reconfigure a governance structure in
which that Indian Health Service may upon request continue its
participation in the governance structure in a contracted or compacted
arrangement.
scientifically supported implementation of omr flow requirements
Sec. 447. (a) To maximize water supplies for the Central Valley
Project and the State Water Project, in implementing the provisions of
the smelt biological opinion or salmonid biological opinion, or any
successor biological opinions or court orders, pertaining to management
of reverse flow in the Old and Middle Rivers, the Secretary of the
Interior shall--
(1) consider the relevant provisions of the applicable
biological opinions or any successor biological opinions;
(2) manage export pumping rates to achieve a reverse OMR
flow rate of -5,000 cubic feet per second unless existing
information or that developed by the Secretary of the Interior
under paragraphs (3) and (4) leads the Secretary to reasonably
conclude, using the best scientific and commercial data
available, that a less negative OMR flow rate is necessary to
avoid a significant negative impact on the long-term survival
of the species covered by the smelt biological opinion or
salmonid biological opinion. If the best scientific and
commercial data available to the Secretary indicates that a
reverse OMR flow rate more negative than -5,000 cubic feet per
second can be established without an imminent negative impact
on the long-term survival of the species covered by the smelt
biological opinion or salmonid biological opinion, the
Secretary shall manage export pumping rates to achieve that
more negative OMR flow rate;
(3) document, in writing, any significant facts about real-
time conditions relevant to the determinations of OMR reverse
flow rates, including--
(A) whether targeted real-time fish monitoring
pursuant to this section, including monitoring in the
vicinity of Station 902, indicates that a significant
negative impact on the long-term survival of species
covered by the smelt biological opinion or salmonid
biological opinion is imminent; and
(B) whether near-term forecasts with available
models show under prevailing conditions that OMR flow
of -5,000 cubic feet per second or higher will cause a
significant negative impact on the long-term survival
of species covered by the smelt biological opinion or
salmonid biological opinion;
(4) show, in writing, that any determination to manage OMR
reverse flow at rates less negative than -5,000 cubic feet per
second is necessary to avoid a significant negative impact on
the long-term survival of species covered by the smelt
biological opinion or salmonid biological opinion, and provide,
in writing, an explanation of the data examined and the
connection between those data and the choice made, after
considering--
(A) the distribution of Delta smelt throughout the
Delta;
(B) the potential effects of documented, quantified
entrainment on subsequent Delta smelt abundance;
(C) the water temperature;
(D) other significant factors relevant to the
determination; and
(E) whether any alternative measures could have a
substantially lesser water supply impact; and
(5) for any subsequent smelt biological opinion or salmonid
biological opinion, make the showing required in paragraph (4)
for any determination to manage OMR reverse flow at rates less
negative than the most negative limit in the biological opinion
if the most negative limit in the biological opinion is more
negative than -5,000 cubic feet per second.
(b) No Reinitiation of Consultation.--In implementing or at the
conclusion of actions under subsection (a), the Secretary of the
Interior or the Secretary of Commerce shall not reinitiate consultation
on those adjusted operations unless there is a significant negative
impact on the long-term survival of the species covered by the smelt
biological opinion or salmonid biological opinion. Any action taken
under subsection (a) that does not create a significant negative impact
on the long-term survival to species covered by the smelt biological
opinion or salmonid biological opinion will not alter application of
the take permitted by the incidental take statement in the biological
opinion under section 7(o)(2) of the Endangered Species Act of 1973.
(c) Calculation of Reverse Flow in OMR.--Within 90 days of the
enactment of this title, the Secretary of the Interior is directed, in
consultation with the California Department of Water Resources to
revise the method used to calculate reverse flow in Old and Middle
Rivers, for implementation of the reasonable and prudent alternatives
in the smelt biological opinion and the salmonid biological opinion,
and any succeeding biological opinions, for the purpose of increasing
Central Valley Project and State Water Project water supplies. The
method of calculating reverse flow in Old and Middle Rivers shall be
reevaluated not less than every five years thereafter to achieve
maximum export pumping rates within limits established by the smelt
biological opinion, the salmonid biological opinion, and any succeeding
biological opinions.
temporary operational flexibility for first few storms of the water
year
Sec. 448. (a) In General.--Consistent with avoiding an immediate
significant negative impact on the long-term survival upon listed fish
species over and above the range of impacts authorized under the
Endangered Species Act of 1973 and other environmental protections
under subsection (d), the Secretary of the Interior and the Secretary
of Commerce shall authorize the Central Valley Project and the
California State Water Project, combined, to operate at levels that
result in negative OMR flows at -7,500 cubic feet per second (based on
United States Geological Survey gauges on Old and Middle Rivers) daily
average as described in subsections (b) and (c) to capture peak flows
during storm events.
(b) Days of Temporary Operational Flexibility.--The temporary
operational flexibility described in subsection (a) shall be authorized
on days that the California Department of Water Resources determines
the net Sacramento-San Joaquin River Delta outflow index is at, or
above, 13,000 cubic feet per second.
(c) Compliance With Endangered Species Act Authorizations.--In
carrying out this section, the Secretary of the Interior and the
Secretary of Commerce may continue to impose any requirements under the
smelt biological opinion and salmonid biological opinion during any
period of temporary operational flexibility as they determine are
reasonably necessary to avoid additional significant negative impacts
on the long-term survival of a listed fish species over and above the
range of impacts authorized under the Endangered Species Act of 1973,
provided that the requirements imposed do not reduce water supplies
available for the Central Valley Project and the California State Water
Project.
(d) Other Environmental Protections.--
(1) State law.--The actions of the Secretary of the
Interior and the Secretary of Commerce under this section shall
be consistent with applicable regulatory requirements under
State law. The foregoing does not constitute a waiver of
sovereign immunity.
(2) First sediment flush.--During the first flush of
sediment out of the Sacramento-San Joaquin River Delta in each
water year, and provided that such determination is based upon
objective evidence, OMR flow may be managed at rates less
negative than -5,000 cubic feet per second for a minimum
duration to avoid movement of adult Delta smelt (Hypomesus
transpacificus) to areas in the southern Sacramento-San Joaquin
River Delta that would be likely to increase entrainment at
Central Valley Project and California State Water Project
pumping plants.
(3) Applicability of opinion.--This section shall not
affect the application of the salmonid biological opinion from
April 1 to May 31, unless the Secretary of Commerce finds,
based on the best scientific and commercial data available,
that some or all of such applicable requirements may be
adjusted during this time period to provide emergency water
supply relief without resulting in additional adverse effects
over and above the range of impacts authorized under the
Endangered Species Act of 1973. In addition to any other
actions to benefit water supply, the Secretary of the Interior
and the Secretary of Commerce shall consider allowing through-
Delta water transfers to occur during this period if they can
be accomplished consistent with section 3405(a)(1)(H) of the
Central Valley Project Improvement Act. Water transfers solely
or exclusively through the California State Water Project that
do not require any use of Reclamation facilities or approval by
Reclamation are not required to be consistent with section
3405(a)(1)(H) of the Central Valley Project Improvement Act.
(4) Monitoring.--During operations under this section, the
Commissioner of Reclamation, in coordination with the United
States Fish and Wildlife Service, National Marine Fisheries
Service, and California Department of Fish and Wildlife, shall
undertake expanded monitoring programs and other data gathering
to improve Central Valley Project and California State Water
Project water supplies, to ensure incidental take levels are
not exceeded, and to identify potential negative impacts, if
any, and actions necessary to mitigate impacts of the temporary
operational flexibility to species listed under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
(e) Effect of High Outflows.--In recognition of the high outflow
levels from the Sacramento-San Joaquin River Delta during the days this
section is in effect under subsection (b), the Secretary of the
Interior and the Secretary of Commerce shall not count such days toward
the 5-day and 14-day running averages of tidally filtered daily Old and
Middle River flow requirements under the smelt biological opinion and
salmonid biological opinion, as long as the Secretaries avoid
significant negative impact on the long-term survival of listed fish
species over and above the range of impacts authorized under the
Endangered Species Act of 1973.
(f) Level of Detail Required for Analysis.--In articulating the
determinations required under this section, the Secretary of the
Interior and the Secretary of Commerce shall fully satisfy the
requirements herein but shall not be expected to provide a greater
level of supporting detail for the analysis than feasible to provide
within the short timeframe permitted for timely decision making in
response to changing conditions in the Sacramento-San Joaquin River
Delta.
(g) OMR Flows.--The Secretary of the Interior and the Secretary of
Commerce shall, through the adaptive management provisions in the
salmonid biological opinion, limit OMR reverse flow to -5,000 cubic
feet per second based on date-certain triggers in the salmonid
biological opinions only if using real-time migration information on
salmonids demonstrates that such action is necessary to avoid a
significant negative impact on the long-term survival of listed fish
species over and above the range of impacts authorized under the
Endangered Species Act of 1973.
(h) No Reinitiation of Consultation.--In implementing or at the
conclusion of actions under this section, the Secretary of the Interior
shall not reinitiate consultation on those adjusted operations if there
is no immediate significant negative impact on the long-term survival
of listed fish species over and above the range of impacts authorized
under the Endangered Species Act of 1973. Any action taken under this
section that does not create an immediate significant negative impact
on the long-term survival of listed fish species over and above the
range of impacts authorized under the Endangered Species Act of 1973
will not alter application of the take permitted by the incidental take
statement in those biological opinions under section 7(o)(2) of the
Endangered Species Act of 1973.
state water project offset and water rights protections
Sec. 449. (a) Offset for State Water Project.--
(1) Implementation impacts.--The Secretary of the Interior
shall confer with the California Department of Fish and
Wildlife in connection with the implementation of this section
on potential impacts to any consistency determination for
operations of the State Water Project issued pursuant to
California Fish and Game Code section 2080.1.
(2) Additional yield.--If, as a result of the application
of this section, the California Department of Fish and
Wildlife--
(A) determines that operations of the State Water
Project are inconsistent with the consistency
determinations issued pursuant to California Fish and
Game Code section 2080.1 for operations of the State
Water Project; or
(B) requires take authorization under California
Fish and Game Code section 2081 for operation of the
State Water Project in a manner that directly or
indirectly results in reduced water supply to the State
Water Project as compared with the water supply
available under the smelt biological opinion and the
salmonid biological opinion; and as a result, Central
Valley Project yield is greater than it otherwise would
have been, then that additional yield shall be made
available to the State Water Project for delivery to
State Water Project contractors to offset that reduced
water supply.
(3) Notification related to environmental protections.--The
Secretary of the Interior and Secretary of Commerce shall--
(A) notify the Director of the California
Department of Fish and Wildlife regarding any changes
in the manner in which the smelt biological opinion or
the salmonid biological opinion is implemented; and
(B) confirm that those changes are consistent with
the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(b) Area of Origin and Water Rights Protections.--
(1) In general.--The Secretary of the Interior and the
Secretary of Commerce, in carrying out the mandates of this
section, shall take no action that--
(A) diminishes, impairs, or otherwise affects in
any manner any area of origin, watershed of origin,
county of origin, or any other water rights protection,
including rights to water appropriated before December
19, 1914, provided under State law;
(B) limits, expands or otherwise affects the
application of section 10505, 10505.5, 11128, 11460,
11461, 11462, 11463 or 12200 through 12220 of the
California Water Code or any other provision of State
water rights law, without respect to whether such a
provision is specifically referred to in this section;
or
(C) diminishes, impairs, or otherwise affects in
any manner any water rights or water rights priorities
under applicable law.
(2) Section 7 of the endangered species act.--Any action
proposed to be undertaken by the Secretary of the Interior and
the Secretary of Commerce pursuant to both this section and
section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.) shall be undertaken in a manner that does not alter
water rights or water rights priorities established by
California law or it shall not be undertaken at all. Nothing in
this subsection affects the obligations of the Secretary of the
Interior and the Secretary of Commerce under section 7 of the
Endangered Species Act of 1973.
(3) Effect of act.--
(A) Nothing in this section affects or modifies any
obligation of the Secretary of the Interior under
section 8 of the Act of June 17, 1902 (32 Stat. 390,
chapter 1093).
(B) Nothing in this section diminishes, impairs, or
otherwise affects in any manner any Project purposes or
priorities for the allocation, delivery or use of water
under applicable law, including the Project purposes
and priorities established under section 3402 and
section 3406 of the Central Valley Project Improvement
Act (Public Law 102-575; 106 Stat. 4706).
(c) No Redirected Adverse Impacts.--
(1) In general.--The Secretary of the Interior and
Secretary of Commerce shall not carry out any specific action
authorized under this section that will directly or through
State agency action indirectly result in the involuntary
reduction of water supply to an individual, district, or agency
that has in effect a contract for water with the State Water
Project or the Central Valley Project, including Settlement and
Exchange contracts, refuge contracts, and Friant Division
contracts, as compared to the water supply that would be
provided in the absence of action under this section, and
nothing in this section is intended to modify, amend or affect
any of the rights and obligations of the parties to such
contracts.
(2) Action on determination.--If, after exploring all
options, the Secretary of the Interior or the Secretary of
Commerce makes a final determination that a proposed action
under this section cannot be carried out in accordance with
paragraph (1), that Secretary--
(A) shall document that determination in writing
for that action, including a statement of the facts
relied on, and an explanation of the basis, for the
decision;
(B) may exercise the Secretary's existing
authority, including authority to undertake the
drought-related actions otherwise addressed in this
title, or to otherwise comply with other applicable
law, including the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.); and
(C) shall comply with subsection (a).
(d) Allocations for Sacramento Valley Water Service Contractors.--
(1) Definitions.--In this subsection:
(A) Existing central valley project agricultural
water service contractor within the sacramento river
watershed.--The term ``existing Central Valley Project
agricultural water service contractor within the
Sacramento River Watershed'' means any water service
contractor within the Shasta, Trinity, or Sacramento
River division of the Central Valley Project that has
in effect a water service contract on the date of
enactment of this section that provides water for
irrigation.
(B) Year terms.--The terms ``Above Normal'',
``Below Normal'', ``Dry'', and ``Wet'', with respect to
a year, have the meanings given those terms in the
Sacramento Valley Water Year Type (40-30-30) Index.
(2) Allocations of water.--
(A) Allocations.--Subject to subsection (c), the
Secretary of the Interior shall make every reasonable
effort in the operation of the Central Valley Project
to allocate water provided for irrigation purposes to
each existing Central Valley Project agricultural water
service contractor within the Sacramento River
Watershed in accordance with the following:
(i) Not less than 100 percent of the
contract quantity of the existing Central
Valley Project agricultural water service
contractor within the Sacramento River
Watershed in a ``Wet'' year.
(ii) Not less than 100 percent of the
contract quantity of the existing Central
Valley Project agricultural water service
Contractor within the Sacramento River
Watershed in an ``Above Normal'' year.
(iii) Not less than 100 percent of the
contract quantity of the existing Central
Valley Project agricultural water service
contractor within the Sacramento River
Watershed in a ``Below Normal'' year that is
preceded by an ``Above Normal'' or ``Wet''
year.
(iv) Not less than 50 percent of the
contract quantity of the existing Central
Valley Project agricultural water service
contractor within the Sacramento River
Watershed in a ``Dry'' year that is preceded by
a ``Below Normal'', ``Above Normal'', or
``Wet'' year.
(v) Subject to clause (ii), in any other
year not identified in any of clauses (i)
through (iv), not less than twice the
allocation percentage to south-of-Delta Central
Valley Project agricultural water service
contractors, up to 100 percent.
(B) Effect of clause.--Nothing in clause (A)(v)
precludes an allocation to an existing Central Valley
Project agricultural water service contractor within
the Sacramento River Watershed that is greater than
twice the allocation percentage to a south-of-Delta
Central Valley Project agricultural water service
contractor.
(3) Protection of environment, municipal and industrial
supplies, and other contractors.--
(A) Environment.--Nothing in paragraph (2) shall
adversely affect--
(i) the cold water pool behind Shasta Dam;
(ii) the obligation of the Secretary of the
Interior to make water available to managed
wetlands pursuant to section 3406(d) of the
Central Valley Project Improvement Act (Public
Law 102-575; 106 Stat. 4722); or
(iii) any obligation--
(I) of the Secretary of the
Interior and the Secretary of Commerce
under the smelt biological opinion, the
salmonid biological opinion, or any
other applicable biological opinion; or
(II) under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) or
any other applicable law (including
regulations).
(B) Municipal and industrial supplies.--Nothing in
paragraph (2)--
(i) modifies any provision of a water
Service contract that addresses municipal or
industrial water shortage policies of the
Secretary of the Interior and the Secretary of
Commerce;
(ii) affects or limits the authority of the
Secretary of the Interior and the Secretary of
Commerce to adopt or modify municipal and
industrial water shortage policies;
(iii) affects or limits the authority of
the Secretary of the Interior and the Secretary
of Commerce to implement a municipal or
industrial water shortage policy;
(iv) constrains, governs, or affects,
directly or indirectly, the operations of the
American River division of the Central Valley
Project or any deliveries from that division or
a unit or facility of that division; or
(v) affects any allocation to a Central
Valley Project municipal or industrial water
service contractor by increasing or decreasing
allocations to the contractor, as compared to
the allocation the contractor would have
received absent paragraph (2).
(C) Other contractors.--Nothing in subsection (b)--
(i) affects the priority of any individual
or entity with Sacramento River water rights,
including an individual or entity with a
Sacramento River settlement contract, that has
priority to the diversion and use of Sacramento
River water over water rights held by the
United States for operations of the Central
Valley Project;
(ii) affects the obligation of the United
States to make a substitute supply of water
available to the San Joaquin River exchange
contractors;
(iii) affects the allocation of water to
Friant division contractors of the Central
Valley Project;
(iv) results in the involuntary reduction
in contract water allocations to individuals or
entities with contracts to receive water from
the Friant division; or
(v) authorizes any actions inconsistent
with State water rights law.
Sec. 450. None of the funds in this Act shall be available to
implement the Stipulation of Settlement (Natural Resources Defense
Council, et al. v. Kirk Rodgers, et al., Eastern District of
California, No. Civ. 9 S-88-1658 LKK/GGH) or subtitle A of title X of
Public Law 111-11.
Sec. 451. None of the funds in this Act shall be available for the
purchase of water in the State of California to supplement instream
flow within a river basin that has suffered a drought within the last 2
years.
Sec. 452. The Commissioner of Reclamation is directed to work with
local water and irrigation districts in the Stanislaus River Basin to
ascertain the water storage made available by the Draft Plan of
Operations in New Melones Reservoir (DRPO) for water conservation
programs, conjunctive use projects, water transfers, rescheduled
project water and other projects to maximize water storage and ensure
the beneficial use of the water resources in the Stanislaus River
Basin. All such programs and projects shall be implemented according to
all applicable laws and regulations. The source of water for any such
storage program at New Melones Reservoir shall be made available under
a valid water right, consistent with the State water transfer
guidelines and any other applicable State water law. The Commissioner
shall inform the Congress within 18 months setting forth the amount of
storage made available by the DRPO that has been put to use under this
program, including proposals received by the Commissioner from
interested parties for the purpose of this section.
Sec. 453. None of the funds made available by this Act may be used
to make a Presidential declaration by public proclamation of a national
monument under chapter 3203 of title 54, United States Code in the
counties of Coconino, Maricopa, Mohave and Yavapai in the State of
Arizona, in the counties of Modoc and Siskiyou in the State of
California, in the counties of Chaffee, Conejos, Dolores, Moffat,
Montezuma, and Park in the State of Colorado, in the counties of Carson
City, Churchill, Clark, Douglas, Elko, Eureka, Humboldt, Lander,
Lincoln, Lyon, Nye, Pershing, Storey and Washoe in the State of Nevada,
in the county of Otero in the State of New Mexico, in the counties of
Jackson, Josephine and, Malheur in the State of Oregon, in the counties
of Beaver, Carbon, Duchesne, Emery, Garfield, Iron, Juab, Kane,
Millard, Piute, San Juan, Sanpete, Sevier, Tooele, Uintah, Washington,
and Wayne in the State of Utah, or in the county of Penobscot in the
State of Maine.
spending reduction account
Sec. 454. The amount by which the applicable allocation of new
budget authority made by the Committee on Appropriations of the House
of Representatives under section 302(b) of the Congressional Budget Act
of 1974 exceeds the amount of proposed new budget authority is $0.
Sec. 455. None of the funds made available by this Act may be used
by the Environmental Protection Agency to finalize, implement,
administer, or enforce section 1037.601(a)(1) of title 40, Code of
Federal Regulations, as proposed to be revised under the proposed rule
entitled ``Greenhouse Gas Emissions and Fuel Efficiency Standards for
Medium- and Heavy-Duty Engines and Vehicles-Phase 2'' published by the
Environmental Protection Agency in the Federal Register on July 13,
2015 (80 Fed. Reg. 40138 et seq.), or any rule of the same substance,
with respect to glider kits and glider vehicles (as defined in section
1037.801 of title 40, Code of Federal Regulations, as proposed to be
revised under such proposed rule).
Sec. 456. None of the funds made available by this Act may be used
by the Secretary of the Interior to implement, administer, or enforce
any rule or guidance of the same substance as the proposed rule
regarding Risk Management, Financial Assurance and Loss Prevention for
which advanced notice of proposed rulemaking was published by the
Bureau of Ocean Energy Management on August 19, 2014 (79 Fed. Reg.
49027) or the National Notice to Lessees and Operators of Federal Oil
and Gas and Sulphur Leases, Outer Continental Shelf (OCS) issued by
such Bureau (NTL No. 2016-N03).
Sec. 457. None of the funds made available under this Act may be
used to enter into a cooperative agreements with or make any grant or
loan to an entity to establish in any of Baca, Bent, Crowley, Huerfano,
Kiowa, Las Animas, Otero, Prowers, and Pueblo counties, Colorado, a
national heritage area, national heritage corridor, national heritage
canal way, national heritage tour route, national historic district, or
cultural heritage corridor.
Sec. 458. None of the funds made available by this Act may be used
by the Administrator of the Environmental Protection Agency to hire or
pay the salary of any officer or employee of the Environmental
Protection Agency under subsection (f) or (g) of section 207 of the
Public Health Service Act (42 U.S.C. 209) who is not already receiving
pay under either such subsection on the date of enactment of this Act.
Sec. 459. None of the funds made available by this Act may be used
to propose or develop legislation to redirect funds allocated under
section 105(a)(2)(A) of the Gulf of Mexico Energy Security Act of 2006
(43 U.S.C. 1331 note).
Sec. 460. None of the funds made available by this Act may be used
to develop, propose, finalize, implement or enforce the rule entitled
``Management of Non-Federal Oil and Gas Rights'' and published by the
United States Fish and Wildlife Service on December 11, 2015 (80 Fed.
Reg. 77200), or any rule of the same substance.
Sec. 461. None of the funds made available by this Act may be used
by the Administrator of the Environmental Protection Agency to enforce
the requirements of part 112 of title 40, Code of Federal Regulations,
with respect to any farm (as that term is defined in section 112.2 of
such title).
Sec. 462. None of the funds made available by this Act may be used
in contravention of section 1913 of title 18, United States Code.
Sec. 463. (a) None of the funds made available by this Act under
the heading ``Environmental Programs and Management'' may be used for
the Office of Congressional and Intergovernmental Relations of the
Environmental Protection Agency.
(b) The amount otherwise provided by this Act for ``Environmental
Programs and Management'' is hereby reduced by $4,235,000.
Sec. 464. None of the funds made available by this Act may be used
to implement, administer, or enforce the draft technical report
entitled ``Protecting Aquatic Life from Effects of Hydrologic
Alteration'' published by the Environmental Protection Agency and the
United States Geological Survey on March 1, 2016 (81 Fed. Reg. 10620).
Sec. 465. None of the funds made available by this Act may be used
by the Environmental Protection Agency to develop, finalize,
promulgate, implement, administer, or enforce any rule under section
112 of the Clean Air Act (42 U.S.C. 7412) that applies to glass
manufacturers that do not use continuous furnaces.
Sec. 466. None of the funds made available by this Act may be used
to implement, administer, or enforce the final rule entitled
``Hydraulic Fracturing on Federal and Indian Lands'' as published in
the Federal Register on March 26, 2015 and March 30, 2015 (80 Fed. Reg.
16127 and 16577, respectively).
Sec. 467. None of the funds made available by this Act may be used
to finalize, implement, administer, or enforce the proposed rule
entitled ``Greenhouse Gas Emissions and Fuel Efficiency Standards for
Medium- and Heavy-Duty Engines and Vehicles-Phase 2'' published by the
Environmental Protection Agency in the Federal Register on July 13,
2015 (80 Fed. Reg. 40138 et seq.), with respect to trailers.
Sec. 468. None of the funds made available by this Act may be used
to finalize, implement, administer, or enforce the proposed rule
entitled ``Health and Environmental Protection Standards for Uranium
and Thorium Mill Tailings'' published by the Environmental Protection
Agency in the Federal Register on January 26, 2015 (80 Fed. Reg. 4156
et seq.), or any rule of the same substance.
Sec. 469. None of the funds in this Act may be used to enforce
permit requirements pursuant to part 14 of title 50, Code of Federal
Regulations, with respect to the export of squid, octopus, and
cuttlefish products.
Sec. 470. None of the funds made available by this Act may be used
by the Administrator of the Environmental Protection Agency to issue
any regulation under the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.) that applies to an animal feeding operation, including a
concentrated animal feeding operation and a large concentrated animal
feeding operation, as such terms are defined in section 122.23 of title
40, Code of Federal Regulations.
Sec. 471. For ``United States Fish and Wildlife Service-Resource
Management'' to reinstate the wolf-livestock loss demonstration program
as authorized by Public Law 111-11, there is hereby appropriated, and
the amount otherwise provided by this Act for ``Environmental
Protection Agency-Environmental Programs and Management'' is hereby
reduced by, $1,000,000.
Sec. 472. None of the funds made available by this Act may used by
the Secretary of the Interior to implement, administer, or enforce any
rule of the same substance as the proposed rule entitled ``Oil and Gas
and Sulphur Operations in the Outer Continental Shelf-Blowout Preventer
Systems and Well Control'' and published April 17, 2015 (80 Fed. Reg.
21504), the final rule issued by the Bureau of Safety and Environmental
Enforcement with that title (Docket ID: BSEE-2015-0002; 15XE1700DX
EEEE500000 EX1SF0000.DAQ000), or any rule of the same substance as such
proposed or final rule.
limitation on use of funds for executive order relating to stewardship
of oceans, coasts, and the great lakes
Sec. 473. None of the funds made available by this Act may be used
to implement, administer, or enforce Executive Order No. 13547 (75 Fed.
Reg. 43023, relating to the stewardship of oceans, coasts, and the
Great Lakes), including the National Ocean Policy developed under such
Executive order.
Sec. 474. None of the funds made available by this Act may be used
by the Environmental Protection Agency to take any of the actions
described as a ``backstop'' in the December 29, 2009, letter from EPA's
Regional Administrator to the States in the Watershed and the District
of Columbia in response to the development or implementation of a
State's watershed implementation and referred to in enclosure B of such
letter.
Sec. 475. None of the funds made available by this Act may be used
to implement or enforce the threatened species or endangered species
listing of any plant or wildlife that has not undergone a review as
required by section 4(c)(2) of the Endangered Species Act of 1973 (16
U.S.C. 1533(c)(2) et seq.).
Sec. 476. None of the funds made available by this Act may be used
to implement or enforce the threatened species listing of the Preble's
meadow jumping mouse under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
Sec. 477. None of the funds made available by this Act may be used
by the Secretary of the Interior to treat any gray wolf in any of the
48 contiguous States or the District of Columbia as an endangered
species or threatened species under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.) after June 13, 2017.
Sec. 478. None of the funds made available by this Act may be used
to treat the New Mexico Meadow Jumping Mouse as an endangered species
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
Sec. 479. None of the funds made available by this Act shall be
used to give formal notification under, or prepare, propose, implement,
administer, or enforce any rule or recommendation pursuant to, section
115 of the Clean Air Act (42 U.S.C. 7415).
Sec. 480. None of the funds made available by this Act may be used
to finalize, implement, administer, or enforce the proposed rule
entitled ``Accidental Release Prevention Requirements: Risk Management
Programs Under the Clean Air Act'' published by the Environmental
Protection Agency in the Federal Register on March 14, 2016 (81 Fed.
Reg. 13638 et seq.).
Sec. 481. None of the funds made available by this Act may be used
to carry out any rule issued after the date of the enactment of this
Act that is a major rule described in subparagraph (A) of section
804(2) of title 5, United States Code.
Sec. 482. None of the funds made available by this Act may be used
by the Environmental Protection Agency to make grants pursuant to
section 6 of the National Environmental Education Act (20 U.S.C. 5505).
Sec. 483. None of the funds made available by this Act may be used
to destroy any buildings or structures on Midway Island.
Sec. 484. None of the funds made available by this Act may be used
by the Department of the Interior for the purpose of destroying any
records regarding, related to, or generated by the Inorganic Section of
the United States Geological Survey Energy Geochemistry Laboratory in
Lakewood, Colorado.
Sec. 485. None of the funds made available by this Act may be used
to consult with the National Science Foundation with respect to section
106 of the National Historic Preservation Act of 1966 or section 7 of
the Endangered Species Act of 1973 with respect to any Environmental
Impact Statement prepared pursuant to the ``Notice of Intent to Prepare
an Environmental Impact Statement and Initiate Section 106 Consultation
for Proposed Changes to Arecibo Observatory Operations, Arecibo, Puerto
Rico and Notice of Public Scoping Meetings and Comment Period'',
published in the Federal Register May 23, 2016.
Sec. 486. None of the funds made available by this Act may be used
enforce the decision in Civil Action No. 14-1807 (JDB), United States
District Court for the District of Columbia, issued March 29, 2016.
Sec. 487. None of the funds made available by this Act may be used
to finalize, implement, or enforce the proposed rule entitled ``Oil and
Gas and Sulphur Operations on the Outer Continental Shelf-Requirements
for Exploratory Drilling on the Arctic Outer Continental Shelf'' as
published February 24, 2015 (80 Fed. Reg. 9916).
Sec. 488. None of the funds made available by this Act may be used
by the Director of the United States Fish and Wildlife Service--
(1) to issue a final rule for the proposed regulations
listed under docket number FWS-R7-NWRS-2014-0005; or
(2) to implement the final rule entitled ``Alaska; Hunting
and Trapping in National Preserves'' and dated (80 Fed. Reg.
64325 (October 23, 2015)).
Sec. 489. None of the funds made available by this Act may be used
by the Department of the Interior to require changes to an existing
placer mining plan of operations with regard to reclamation activities,
including revegetation, or to modify the bond requirements for the
mining operation.
Sec. 490. None of the funds made available by this Act may be used
by the Department of the Interior, the Environmental Protection Agency,
or any other Federal agency to lease or purchase new light duty
vehicles for any executive fleet, or for an agency's fleet inventory,
except in accordance with Presidential Memorandum--Federal Fleet
Performance, dated May 24, 2011.
Sec. 491. None of the funds made available by this Act for the
``DEPARTMENT OF INTERIOR--National Park Service--national recreation
and preservation'' may be used in contravention of section 320101 of
title 54, United States Code.
Sec. 492. None of the funds made available in this Act may be used
may be used to eliminate the Urban Wildlife Refuge Partnership.
limitation on use of funds
Sec. 493. None of the funds made available in this Act may be used
to limit outreach programs administered by the Smithsonian Institution.
Sec. 494. None of the funds made available by this Act may be used
to treat the Mexican wolf (Canis lupus baileyi) as an endangered
species or threatened species under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.) or to implement a recovery plan for such
species that applies in any area outside the historic range of such
species.
Sec. 495. None of the funds made available by this Act may be used
to finalize, implement, administer, or enforce the proposed rule
entitled ``Clean Energy Incentive Program Design Details'' published by
the Environmental Protection Agency in the Federal Register on June 30,
2016 (81 Fed. Reg. 42939 et seq.), or any rule of the same substance.
Sec. 496. None of the funds made available by this Act may be used
to pay legal fees pursuant to a settlement in any case, in which the
Federal Government is a party, that arises under--
(1) the Clean Air Act (42 U.S.C. 7401 et seq.);
(2) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.); or
(3) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
Sec. 497. None of the funds made available by this Act may be used
to implement the Final Comprehensive Conservation Plan for the Arctic
National Wildlife Refuge, Alaska for which notice of availability was
published in the Federal Register on April 13, 2015 (80 Fed. Reg.
19678).
Sec. 498. None of the funds made available by this Act may be used
to remove Arctic Sales 255, 258, and 262 from the 2017-2022 Outer
Continental Shelf Oil and Gas Leasing Proposed Program for which notice
of availability was published on March 18, 2016 (81 Fed. Reg. 14881).
Sec. 499. None of the funds made available by this Act may be used
to declare a national monument under section 320301 of title 54, United
States Code, in the exclusive economic zone of the United States
established by Proclamation Numbered 5030, dated March 10, 1983.
compliance with great lakes compact
Sec. 500. None of the funds made available by this Act may be used
by a State in contravention of the interstate compact regarding water
resources in the Great Lakes--St. Lawrence River Basin consented to and
approved by Congress in Public Law 110-342.
Sec. 501. None of the funds made available by this Act may be used
to finalize, implement, administer, or enforce the proposed rule
entitled ``Special Regulations, Areas of the National Park Service,
Golden Gate National Recreation Area, Dog Management'' published by the
National Park Service in the Federal Register on February 24, 2016 (81
Fed. Reg. 9139 et seq.; Regulation Identifier No. 1024-AE16).
Sec. 502. None of the funds made available by the Act may be used
to implement, administer, or enforce the modification to boating
restrictions contained in the news release issued by the United States
Fish and Wildlife Service entitled ``Minor Modification to Boating
Restrictions at Havasu Wildlife Refuge'' and dated May 20, 2015.
limitation on use of funds
Sec. 503. None of the funds made available by this Act may be used
in contravention of section 321(a) of the Clean Air Act (42 U.S.C.
7621(a)).
Sec. 504. None of the funds made available by this Act may be used
to enter into a contract with any offeror or any of its principals if
the offeror certifies, as required by Federal Acquisition Regulation,
that the offeror or any of its principals--
(1) within a 3-year period preceding this offer has been
convicted of or had a civil judgment rendered against it for:
commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public
(Federal, State, or local) contract or subcontract; violation
of Federal or State antitrust statutes relating to the
submission of offers; or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records,
making false statements, tax evasion, violating Federal
criminal tax laws, or receiving stolen property;
(2) are presently indicted for, or otherwise criminally or
civilly charged by a governmental entity with, commission of
any of the offenses enumerated above in paragraph (1); or
(3) within a 3-year period preceding this offer, has been
notified of any delinquent Federal taxes in an amount that
exceeds $3,000 for which the liability remains unsatisfied.
This Act may be cited as the ``Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2017''.
Passed the House of Representatives July 14, 2016.
Attest:
KAREN L. HAAS,
Clerk.
Calendar No. 587
114th CONGRESS
2d Session
H. R. 5538
_______________________________________________________________________
AN ACT
Making appropriations for the Department of the Interior, environment,
and related agencies for the fiscal year ending September 30, 2017, and
for other purposes.
_______________________________________________________________________
September 6, 2016
Received; read twice and placed on the calendar