[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3068 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 521
114th CONGRESS
2d Session
S. 3068
[Report No. 114-281]
Making appropriations for the Department of the Interior, environment,
and related agencies for the fiscal year ending September 30, 2017, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 16, 2016
Ms. Murkowski, from the Committee on Appropriations, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
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)),
$1,088,470,000, 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; and of which $100,000 shall be available
for establishment of the Bureau of Land Management Foundation, which
the Secretary is authorized to establish, shall be established as a
charitable and non-profit corporation under section 501(c)(3) of the
Internal Revenue Code of 1986, shall be granted the same authorities
granted to the National Park Foundation for its activities to benefit
the National Park Service at 54 U.S.C. subtitle I, division A, chapter
1011, subchapter II, and the details of which are outlined in the
report accompanying this Act, and the purpose of which is to provide
opportunities for the Bureau to address a variety of specific
challenges that could be better addressed with the support of a
foundation, including: the reclamation of legacy wells, contaminated
native lands, and abandoned mine land sites; sustainable management of
wild horses and burros; expanded scientific understanding of
responsible development techniques; voluntary conservation activities;
and the proper identification and cataloging of cultural and historical
treasure on the public lands.
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 $1,088,470,000, 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, $33,416,000, 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;
$102,946,000, 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: Provided further, That section 35 of
the Mineral Leasing Act (30 U.S.C. 191) shall be applied for fiscal
year 2017 as if the following were inserted after the period in
subsection (d)(4):
``(5) There is appropriated to the Fee Account established
in subsection (c)(3)(B)(ii) of this section, out of any money
in the Treasury not otherwise appropriated, $26,000,000 for
fiscal year 2017, to remain available until expended, for the
processing of applications for permit to drill and related use
authorizations, to be reduced by amounts collected by the
Bureau and transferred to such Fee Account pursuant to
subsection (d)(3)(A)(ii) of this section, so as to result in a
final fiscal year 2017 appropriation from the general fund
estimated at not more than $0. Any offsetting receipts received
in excess of $26,000,000 in fiscal year 2017 that would have
otherwise been transferred to the Fee Account established in
subsection (c)(3)(B)(ii) of this section pursuant to subsection
(d)(3)(A)(ii) of this section shall instead be deposited in the
general fund of the Treasury.''.
Appropriations herein made shall not be available for the destruction
of healthy, unadopted, wild horses and burros in the care of the Bureau
or its contractors or for the sale of wild horses and burros that
results in their destruction for processing into commercial products.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic studies,
general administration, and for the performance of other authorized
functions related to such resources, $1,249,207,000, to remain
available until September 30, 2018: Provided, That not to exceed
$17,411,000 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 to list 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;
$16,935,000, 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, $47,871,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended: Provided,
That none of the funds appropriated for specific land acquisition
projects may be used to pay for any administrative overhead, planning
or other management costs.
cooperative endangered species conservation fund
For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1535), $53,495,000, to remain available
until expended, of which $22,695,000 is to be derived from the
Cooperative Endangered Species Conservation Fund; and of which
$30,800,000 is to be derived from the Land and Water Conservation Fund.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $13,228,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act (16 U.S.C. 4401 et seq.),
$38,145,000, 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,
$4,084,000 is for a competitive grant program for Indian tribes not
subject to the remaining provisions of this appropriation: Provided
further, That $5,487,000 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 $9,571,000 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.
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, $2,405,627,000, of which $10,032,000 for planning and
interagency coordination in support of Everglades restoration and
$114,461,000 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, $62,638,000.
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), $67,910,000, to be derived from the Historic Preservation Fund
and to remain available until September 30, 2018, of which $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, and of which $10,000,000 is for a
competitive grant program to preserve the sites and stories of the
Civil Rights movement: Provided, 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, $217,320,000, 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,
$168,423,000, to be derived from the Land and Water Conservation Fund
and to remain available until expended, of which $110,006,000 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, $20,000,000, 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; $1,068,135,000,
to remain available until September 30, 2018; of which $73,037,189
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, $169,560,000, of which
$74,616,000, 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 $74,616,000: 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, $136,772,000, of which $93,242,000 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 $93,242,000.
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, $25,000,000
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,
$119,711,000, 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
$119,711,000.
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, $27,134,000, to
be derived from receipts of the Abandoned Mine Reclamation Fund and to
remain available until expended: Provided, That pursuant to Public Law
97-365, the Department of the Interior is authorized to use up to 20
percent from the recovery of the delinquent debt owed to the United
States Government to pay for contracts to collect these debts:
Provided further, That funds made available under title IV of Public
Law 95-87 may be used for any required non-Federal share of the cost of
projects funded by the Federal Government for the purpose of
environmental restoration related to treatment or abatement of acid
mine drainage from abandoned mines: Provided further, That such
projects must be consistent with the purposes and priorities of the
Surface Mining Control and Reclamation Act: Provided further, That
amounts provided under this heading may be used for the travel and per
diem expenses of State and tribal personnel attending Office of Surface
Mining Reclamation and Enforcement sponsored training.
In addition, $90,000,000, to remain available until expended, for
grants to States for reclamation of abandoned mine lands and other
related activities in accordance with the terms and conditions in the
report accompanying this Act: Provided, That such additional amount
shall be used for economic and community development in conjunction
with the priorities in section 403(a) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1233(a)): Provided further, That of
such additional amount, $75,000,000 shall be distributed in equal
amounts to the three Appalachian States with the greatest amount of
unfunded needs to meet the priorities described in paragraphs (1) and
(2) of such section, and $15,000,000 shall be distributed in equal
amounts to the three 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.), $2,326,339,000, 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 $646,782,000 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
$49,122,000 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, $192,017,000, 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, as
amended, 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, $49,475,000,
to remain available until expended.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans, $8,748,000, 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 $119,907,851.
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, $265,000,000, 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 $12,000,000 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 in the event the sums appropriated for any fiscal year
for payments pursuant to 31 U.S.C. 6906 are less than the full payments
to all units of local government, then the payment to each local
government shall be made proportionally.
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, $93,870,000, of
which: (1) $84,007,000 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) $9,863,000 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, $65,758,000.
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 $19,632,000 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,
hazardous fuels management activities, and rural fire assistance by the
Department of the Interior, $942,671,000, to remain available until
expended, of which not to exceed $8,427,000 shall be for the renovation
or construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts
from which funds were previously transferred for such purposes:
Provided further, That of the funds provided $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 hazardous fuels
management and resilient landscapes activities, and for training and
monitoring associated with such hazardous 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 hazardous 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.
For an additional amount, $171,291,000 for wildfire suppression
operations to meet the emergency and unpredictable aspects of wildland
firefighting including support, response, and emergency stabilization
activities, other emergency management activities, and funds necessary
to repay any transfers needed for these costs, to remain available
until expended: Provided, That such funds are also available for
transfer to other appropriations accounts to repay amounts previously
transferred for wildfire suppression: Provided further, That such
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, except that such amount shall be
available only if the President subsequently so designates such amount
and transmits such designation to the Congress.
central hazardous materials fund
For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for the response action, including
associated activities, performed pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), $10,010,000, to remain available until expended.
Natural Resource Damage Assessment and Restoration
natural resource damage assessment fund
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the Department of the
Interior necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and 54
U.S.C. 100721 et seq., $7,767,000, to remain available until expended.
working capital fund
For the operation and maintenance of a departmental financial and
business management system, information technology improvements of
general benefit to the Department, cybersecurity, and the consolidation
of facilities and operations throughout the Department, $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.
payments in lieu of taxes
For expenses necessary to implement the Act of October 20, 1976, as
amended (31 U.S.C. 6901-6907), $480,000,000.
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 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 the report accompanying 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.
humane transfer of excess animals
Sec. 110. 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 agency receiving excess wild horses shall not
destroy, sell, or otherwise transfer the horses or burros in way that
results in their destruction for processing into commercial products.
lesser prairie chicken
Sec. 111. None of the funds made available by this Act shall be
used to develop, propose, finalize, implement, enforce, or carry out
any other activity leading to a determination of the status of the
lesser prairie-chicken (Tympanuchus pallidicinctus) as a threatened
species or endangered species under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
mass marking of salmonids
Sec. 112. 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.
wild lands funding prohibition
Sec. 113. 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: Provided, That nothing in this section shall restrict the
Secretary's authorities under sections 201 and 202 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1711 and 1712).
contracts and agreements with indian affairs
Sec. 114. 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.
sage-grouse
Sec. 115. None of the funds made available by this or any other
Act may be used by the Secretary of the Interior to write or issue
pursuant to section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533)--
(1) a proposed rule for greater sage-grouse (Centrocercus
urophasianus);
(2) a proposed rule for the Columbia basin distinct
population segment of greater sage-grouse.
republic of palau
Sec. 116. (a) In General.--Subject to subsection (c), the United
States Government, through the Secretary of the Interior shall provide
to the Government of Palau for fiscal year 2017 grants in amounts equal
to the annual amounts specified in subsections (a), (c), and (d) of
section 211 of the Compact of Free Association between the Government
of the United States of America and the Government of Palau (48 U.S.C.
1931 note) (referred to in this section as the Compact).
(b) Programmatic Assistance.--Subject to subsection (c), the United
States shall provide programmatic assistance to the Republic of Palau
for fiscal year 2017 in amounts equal to the amounts provided in
subsections (a) and (b)(1) of section 221 of the Compact.
(c) Limitations on Assistance.--
(1) In general.--The grants and programmatic assistance
provided under subsections (a) and (b) shall be provided to the
same extent and in the same manner as the grants and assistance
were provided in fiscal year 2009.
(2) Trust fund.--If the Government of Palau withdraws more
than $5,000,000 from the trust fund established under section
211(f) of the Compact, amounts to be provided under subsections
(a) and (b) shall be withheld from the Government of Palau.
prohibition on use of funds
Sec. 117. None of the funds made available by this Act may be used
to develop, adopt, implement, administer, or enforce the proposed rule
issued by the United States Fish and Wildlife Service entitled ``Non-
Subsistence Take of Wildlife, and Public Participation and Closure
Procedures, on National Wildlife Refuges in Alaska'' (81 Fed. Reg. 887
(January 8, 2016)).
prohibition on use of funds
Sec. 118. (a) Any proposed new use of the Arizona & California
Railroad Company's Right of Way for conveyance of water shall not
proceed unless the Secretary of the Interior certifies that the
proposed new use is within the scope of the Right of Way.
(b) No funds appropriated or otherwise made available to the
Department of the Interior may be used, in relation to any proposal to
export groundwater for municipal use, for approval of any right-of-way
or similar authorization on the Mojave National Preserve or lands
managed by the Needles Field Office of the Bureau of Land Management,
or for carrying out any activities associated with such right-of-way or
similar approval.
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.
department of the interior experienced services program
Sec. 120. (a) Notwithstanding any other provision of law relating
to Federal grants and cooperative agreements, the Secretary of the
Interior is authorized to make grants to, or enter into cooperative
agreements with, private nonprofit organizations designated by the
Secretary of Labor under title V of the Older Americans Act of 1965 to
utilize the talents of older Americans in programs authorized by other
provisions of law administered by the Secretary and consistent with
such provisions of law.
(b) Prior to awarding any grant or agreement under subsection (a),
the Secretary shall ensure that the agreement would not--
(1) result in the displacement of individuals currently
employed by the Department, including partial displacement
through reduction of non-overtime hours, wages, or employment
benefits;
(2) result in the use of an individual under the Department
of the Interior Experienced Services Program for a job or
function in a case in which a Federal employee is in a layoff
status from the same or substantially equivalent job within the
Department; or
(3) affect existing contracts for services.
stream buffer
Sec. 121. None of the funds made available by this Act may be used
by the Secretary to further develop, finalize, carry out, implement, or
enforce the proposed rule of the Office of Surface Mining Reclamation
and Enforcement entitled ``Stream Protection Rule'' (80 Fed. Reg. 44436
(July 27, 2015)) (or a similar or successor rule).
king cove road land exchange
Sec. 122. (a) Finding.--Congress finds that the land exchange
required under this section (including the designation of the road
corridor and the construction of the road along the road corridor) is
in the public interest.
(b) Definitions.--In this section:
(1) Federal land.--
(A) In general.--The term ``Federal land'' means
the approximately 206 acres of Federal land located
within the Refuge as depicted on the map entitled
``Project Area Map'' and dated September 2012.
(B) Inclusion.--The term ``Federal land'' includes
the 131 acres of Federal land in the Wilderness, which
shall be used for the road corridor along which the
road is to be constructed in accordance with subsection
(c)(2).
(2) Non-federal land.--The term ``non-Federal land'' means
the approximately 43,093 acres of land owned by the State as
depicted on the map entitled ``Project Area Map'' and dated
September 2012.
(3) Refuge.--The term ``Refuge'' means the Izembek National
Wildlife Refuge in the State.
(4) Road corridor.--The term ``road corridor'' means the
road corridor designated under subsection (c)(2)(A).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Alaska.
(7) Wilderness.--The term ``Wilderness'' means the Izembek
Wilderness designated by section 702(6) of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 1132 note; Public
Law 96-487).
(c) Land Exchange Required.--
(1) In general.--If the State offers to convey to the
Secretary all right, title, and interest of the State in and to
the non-Federal land, the Secretary shall convey to the State
all right, title, and interest of the United States in and to
the Federal Land.
(2) Use of federal land.--The Federal land shall be
conveyed to the State for the purposes of--
(A) designating a road corridor through the Refuge;
and
(B) constructing a single-lane gravel road along
the road corridor subject to the requirements in
subsection (e).
(3) Valuation, appraisals, and equalization.--
(A) In general.--The value of the Federal land and
the non-Federal land to be exchanged under this
section--
(i) shall be equal, as determined by
appraisals conducted in accordance with
subparagraph (B); or
(ii) if not equal, shall be equalized in
accordance with subparagraph (C).
(B) Appraisals.--
(i) In general.--As soon as practicable
after the date of enactment of this Act, the
Secretary and State shall select an appraiser
to conduct appraisals of the Federal land and
non-Federal land.
(ii) Requirements.--The appraisals required
under clause (i) shall be conducted in
accordance with nationally recognized appraisal
standards, including--
(I) the Uniform Appraisal Standards
for Federal Land Acquisitions; and
(II) the Uniform Standards of
Professional Appraisal Practice.
(C) Equalization.--
(i) Surplus of federal land.--If the final
appraised value of the Federal land exceeds the
final appraised value of the non-Federal land
to be conveyed under the land exchange under
this section, the value of the Federal land and
non-Federal land shall be equalized--
(I) by conveying additional non-
Federal land in the State to the
Secretary, subject to the approval of
the Secretary;
(II) by the State making a cash
payment to the United States; or
(III) by using a combination of the
methods described in subclauses (I) and
(II).
(ii) Surplus of non-federal land.--If the
final appraised value of the non-Federal land
exceeds the final appraised value of the
Federal land to be conveyed under the land
exchange under this section, the value of the
Federal land and non-Federal land shall be
equalized by the State adjusting the acreage of
the non-Federal land to be conveyed.
(iii) Amount of payment.--Notwithstanding
section 206(b) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(b)), the
Secretary may accept a payment under clause
(i)(II) in excess of 25 percent of the value of
the Federal land conveyed.
(4) Administration.--On completion of the exchange of
Federal land and non-Federal land under this section--
(A) the boundary of the Wilderness shall be
modified to exclude the Federal land; and
(B) the non-Federal land shall be--
(i) added to the Wilderness; and
(ii) administered in accordance with--
(I) the Wilderness Act (16 U.S.C.
1131 et seq.); and
(II) other applicable laws.
(5) Deadline.--The land exchange under this section shall
be completed not later than 180 days after the date of
enactment of this Act.
(d) Route of Road Corridor.--The route of the road corridor shall
follow the southern road alignment as described in the alternative
entitled ``Alternative 2-Land Exchange and Southern Road Alignment'' in
the final environmental impact statement entitled ``Izembek National
Wildlife Refuge Land Exchange/Road Corridor Final Environmental Impact
Statement'' and dated February 5, 2013.
(e) Requirements Relating to Road.--The requirements relating to
usage, barrier cables, and dimensions and the limitation on support
facilities under subsections (a) and (b) of section 6403 of the Omnibus
Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1180)
shall apply to the road constructed in the road corridor.
(f) Effect.--The exchange of Federal land and non-Federal land
under this section shall not constitute a major Federal action for
purposes of the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
natchez national historical park
Sec. 123. The Secretary of the Interior is authorized to acquire
by donation or purchase from willing sellers, any lands at the site of
the historic Forks in the Road Slave Market, as generally depicted on
the map entitled ``Natchez National Historical Park--Proposed Boundary
Addition'', numbered 339/116045, and dated April 2016. Upon acquisition
of any land or interests in land, the Secretary shall revise the
boundary of Natchez National Historical Park to reflect the acquisition
and the land shall be managed in accordance with the laws and
regulations applicable to the park. Section 7 of Public Law 100-479 (16
U.S.C. 410oo-6) is repealed.
daniel j. evans wilderness
Sec. 124. Subsection (a) of section 101 of Public Law 100-668 (102
Stat. 3961; 16 U.S.C. 90 note) is amended by striking ``Olympic
Wilderness'' and inserting ``Daniel J. Evans Wilderness''.
special resource study to preserve civil rights sites
Sec. 125. (a) Study.--The Secretary of the Interior (referred to in
this section as the ``Secretary'') shall conduct a special resource
study of significant civil rights sites, including--
(1) the home of the late civil rights activist Medgar
Evers, located at 2332 Margaret Walker Alexander Drive,
Jackson, Mississippi;
(2) the Tallahatchie County Courthouse, located at 100
North Court Street, Sumner, Mississippi;
(3) the site of Bryant's Store, located at the intersection
of County Road 518 and County Road 24, Money, Mississippi;
(4) the site of the former office of Dr. Gilbert Mason,
Sr., located at 670 Division Street, Biloxi, Mississippi; and
(5) the Old Neshoba County Jail, located at 422 Myrtle
Avenue, East, Philadelphia, Mississippi.
(b) Contents.--In conducting the study under subsection (a), the
Secretary shall--
(1) evaluate the national significance of each site;
(2) determine the suitability and feasibility of
designating each site as a unit of the National Park System;
(3)(A) take into consideration other alternatives for
preservation, protection, and interpretation of each site by--
(i) Federal, State, or local governmental entities;
or
(ii) private or nonprofit organizations; and
(B) identify cost estimates for any Federal acquisition,
development, interpretation, operation, and maintenance
associated with the alternatives;
(4) consult with interested Federal, State, and local
governmental entities, private and nonprofit organizations, and
other individuals;
(5) determine the effect of the designation of a site as a
unit of the National Park System on--
(A) existing commercial and recreational uses; and
(B) State and local governments to manage those
uses; and
(6) identify any authorities, including condemnation, that
will compel or permit the Secretary to influence or participate
in local land use decisions (such as zoning) or place
restrictions on non-Federal land if a site is designated a unit
of the National Park System.
(c) Applicable Law.--The study under subsection (a) shall be
conducted in accordance with section 100507 of title 54, United States
Code.
(d) Study Results.--Not later than 3 years after the date on which
funds are initially made available for the study under subsection (a),
the Secretary shall submit to the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate a report that describes--
(1) the results of the study; and
(2) any relevant conclusions and recommendations of the
Secretary.
royalty policy committee
Sec. 126. (a) As soon as practicable after the date of enactment of
this Act, the Secretary shall reestablish the Royalty Policy Committee
in accordance with the charter of the Secretary dated March 26, 2010.
(b) Not later than 180 days after the issuance of any proposed
regulations or policy relating to royalty management issues or other
mineral-related policies, the Royalty Policy Committee shall advise the
Secretary of the Interior on those issues or policies.
(c) The Royalty Policy Committee shall--
(1) meet not less frequently than once per year; and
(2) provide for robust participation of State Governors and
Indian tribes (as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b)).
continuous operations
Sec. 127. Not later than 30 days after the date of enactment of
this Act, the Secretary of the Interior shall amend the regulations
issued under section 250.180 of title 30, Code of Federal Regulations--
(1) by striking each reference to ``180 days'' and
inserting ``year'';
(2) by striking each reference to ``180th day'' and
inserting ``year''; and
(3) by striking each reference to ``180-day period'' and
inserting ``1-year period''.
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, $695,910,000, to remain available until September 30,
2018: Provided, That of the funds included under this heading,
$5,000,000 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, $2,538,545,000, to remain available until
September 30, 2017: 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, $435,410,000
shall be for Geographic Programs specified in the report accompanying
this Act.
In addition, $4,000,000 to remain available until expended, for
necessary expenses of activities described in section 26(b)(1) of the
Toxic Substances Control Act (15 U.S.C. 2625(b)(1)): Provided, That
fees collected pursuant to that section of that Act and deposited in
the ``TSCA Service Fee Fund'' as discretionary offsetting receipts in
fiscal year 2017 shall be retained and used for necessary salaries and
expenses in this appropriation and shall remain available until
expended: Provided further, That the sum herein appropriated in this
paragraph from the general fund for fiscal year 2017 shall be reduced
by the amount of discretionary offsetting receipts received during
fiscal year 2017, so as to result in a final fiscal year 2017
appropriation from the general fund estimated at not more than $0:
Provided further, That to the extent that amounts realized from such
receipts exceed $4,000,000, those amount in excess of $4,000,000 shall
be deposited in the ``TSCA Service Fee Fund'' as discretionary
offsetting receipts in fiscal year 2017, shall be retained and used for
necessary salaries and expenses in this account, and shall remain
available until expended: Provided further, That of the funds included
in the first paragraph under this heading, the Chemical Risk Review and
Reduction program project shall be allocated for this fiscal year,
excluding the amount of any fees appropriated, not less than the amount
of appropriations for that program project for fiscal year 2014.
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, $3,674,000, to remain available
until September 30, 2019.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$41,489,000, to remain available until September 30, 2018.
Buildings and Facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment, land or facilities of, or for use by, the
Environmental Protection Agency, $38,660,000, 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)
$1,077,784,000, 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 $1,077,784,000 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, $91,296,000, to remain available until expended, of which
$65,927,000 shall be for carrying out leaking underground storage tank
cleanup activities authorized by section 9003(h) of the Solid Waste
Disposal Act; $25,369,000 shall be for carrying out the other
provisions of the Solid Waste Disposal Act specified in section 9508(c)
of the Internal Revenue Code: Provided, That the Administrator is
authorized to use appropriations made available under this heading to
implement section 9013 of the Solid Waste Disposal Act to provide
financial assistance to federally recognized Indian tribes for the
development and implementation of programs to manage underground
storage tanks.
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990,
$18,079,000, 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, $3,613,278,000, to remain available until expended,
of which--
(1) $1,350,000,000 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
$1,020,500,000 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, to the extent there are sufficient eligible project
applications and projects are consistent with State Intended
Use Plans, not less than 10 percent of the funds made available
under this title to each State for Clean Water State Revolving
Fund capitalization grants shall be used by the State for
projects to address green infrastructure, water or energy
efficiency improvements, or other environmentally innovative
activities: Provided further, That for fiscal year 2017, funds
made available under this title to each State for Drinking
Water State Revolving Fund capitalization grants may, at the
discretion of each State, be used for projects to address green
infrastructure, water or energy efficiency improvements, or
other environmentally innovative activities: Provided further,
That notwithstanding section 603(d)(7) of the Federal Water
Pollution Control Act, the limitation on the amounts in a State
water pollution control revolving fund that may be used by a
State to administer the fund shall not apply to amounts
included as principal in loans made by such fund in fiscal year
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 only where such debt was incurred on or
after the date of enactment of this Act; 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) $10,000,000 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) $20,000,000 shall be for grants to the State of Alaska
to address drinking water and wastewater infrastructure needs
of rural and Alaska Native Villages: Provided, That of these
funds: (A) the State of Alaska shall provide a match of 25
percent; (B) no more than 5 percent of the funds may be used
for administrative and overhead expenses; and (C) the State of
Alaska shall make awards consistent with the Statewide priority
list established in conjunction with the Agency and the U.S.
Department of Agriculture for all water, sewer, waste disposal,
and similar projects carried out by the State of Alaska that
are funded under section 221 of the Federal Water Pollution
Control Act (33 U.S.C. 1301) or the Consolidated Farm and Rural
Development Act (7 U.S.C. 1921 et seq.) which shall allocate
not less than 25 percent of the funds provided for projects in
regional hub communities;
(4) $80,000,000 shall be to carry out section 104(k) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), including grants, interagency
agreements, and associated program support costs: Provided,
That not more than 25 percent of the amount appropriated to
carry out section 104(k) of CERCLA shall be used for site
characterization, assessment, and remediation of facilities
described in section 101(39)(D)(ii)(II) of CERCLA;
(5) $25,000,000 shall be for grants under title VII,
subtitle G of the Energy Policy Act of 2005;
(6) $20,000,000 shall be for targeted airshed grants in
accordance with the terms and conditions of the report
accompanying this Act;
(7) $1,087,778,000 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 and 105 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, $25,000,000, 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
$3,049,000,000.
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 and rescission 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.
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 Indian
tribes pursuant to sections 319(h) and 518(e) of that Act.
The Administrator is authorized to use the amounts appropriated
under the heading ``Environmental Programs and Management'' for fiscal
year 2017 to provide grants to implement the Southeastern New England
Watershed Restoration Program.
Of the unobligated balances available for ``State and Tribal
Assistance Grants'' account, $40,000,000 are permanently rescinded:
Provided, That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
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, $280,000,000, to remain available until expended:
Provided, That of the funds provided, $77,000,000 is for the forest
inventory and analysis program.
state and private forestry
(including rescission of funds)
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, $220,831,000, to remain
available until expended, as authorized by law; of which $61,049,000 is
to be derived from the Land and Water Conservation Fund.
Of the unobligated balances from amounts made available for the
Forest Legacy Program and derived from the Land and Water Conservation
Fund, $8,297,000 is hereby permanently rescinded from projects with
cost savings or failed or partially failed projects that had funds
returned.
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, $1,519,672,000, to remain available
until expended: 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, $369,805,000
shall be for forest products: Provided further, That of the funds
provided, up to $81,941,000 is for the Integrated Resource Restoration
pilot program for Region 1, Region 3 and Region 4: Provided further,
That of the funds provided for forest products, up to $65,560,000 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: Provided further, That
notwithstanding section 33 of the Bankhead Jones Farm Tenant Act (7
U.S.C. 1012), the Secretary of Agriculture, in calculating a fee for
grazing on a National Grassland, may provide a credit of up to 50
percent of the calculated fee to a Grazing Association or direct
permittee for a conservation practice approved by the Secretary in
advance of the fiscal year in which the cost of the conservation
practice is incurred. And, that the amount credited shall remain
available to the Grazing Association or the direct permittee, as
appropriate, in the fiscal year in which the credit is made and each
fiscal year thereafter for use on the project for conservation practice
approved by the Secretary.
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $355,674,000, to remain available until expended, 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 $29,000,000 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 $14,743,000 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, $54,738,000,
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 until expended (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 until expended, 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 until expended, 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 until expended.
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, $2,842,329,000, to remain
available until expended: 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, $390,000,000 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.), $80,000,000 is for State fire
assistance, and $15,000,000 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 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 up to $15,000,000 of 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 $15,000,000 may be used to make grants, using
any authorities available to the Forest Service under the ``State and
Private Forestry'' appropriation, for the purpose of creating
incentives for increased use of biomass from National Forest System
lands: Provided further, That funds designated for wildfire
suppression 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
$24,000,000 may be transferred to the ``National Forest System'' to
support the Integrated Resource Restoration pilot program.
For an additional amount, $490,000,000 for wildfire suppression
operations to meet the emergency and unpredictable aspects of wildland
firefighting including support, response, and emergency stabilization
activities, other emergency management activities, and funds necessary
to repay any transfers needed for these costs, to remain available
until expended: Provided, That such funds are also available for
transfer to other appropriations accounts to repay amounts previously
transferred for wildfire suppression: Provided further, That such
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, except that such amount shall be
available only if the President subsequently so designates such amount
and transmits such designation to the Congress.
administrative provisions--forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and hire
of such vehicles; purchase, lease, operation, maintenance, and
acquisition of aircraft to maintain the operable fleet for use in
Forest Service wildland fire programs and other Forest Service
programs; notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft; (2)
services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for
employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration
of buildings and other public improvements (7 U.S.C. 2250); (4)
acquisition of land, waters, and interests therein pursuant to 7 U.S.C.
428a; (5) for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost
of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt
collection contracts in accordance with 31 U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service may be
transferred to the Wildland Fire Management appropriation for forest
firefighting, emergency rehabilitation of burned-over or damaged lands
or waters under its jurisdiction, and fire preparedness due to severe
burning conditions upon the Secretary's notification of the House and
Senate Committees on Appropriations that all fire suppression funds
appropriated under the heading ``Wildland Fire Management'' will be
obligated within 30 days: Provided, That all funds used pursuant to
this paragraph must be replenished by a supplemental appropriation
which must be requested as promptly as possible.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development in
connection with forest and rangeland research, technical information,
and assistance in foreign countries, and shall be available to support
forestry and related natural resource activities outside the United
States and its territories and possessions, including technical
assistance, education and training, and cooperation with U.S., private,
and international organizations. The Forest Service, acting for the
International Program, may sign direct funding agreements with foreign
governments and institutions as well as other domestic agencies
(including the U.S. Agency for International Development, the
Department of State, and the Millennium Challenge Corporation), U.S.
private sector firms, institutions and organizations to provide
technical assistance and training programs overseas on forestry and
rangeland management.
Funds appropriated to the Forest Service shall be available for
expenditure or transfer to the Department of the Interior, Bureau of
Land Management, for removal, preparation, and adoption of excess wild
horses and burros from National Forest System lands, and for the
performance of cadastral surveys to designate the boundaries of such
lands.
None of the funds made available to the Forest Service in this Act
or any other Act with respect to any fiscal year shall be subject to
transfer under the provisions of section 702(b) of the Department of
Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public
Law 106-224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107-171
(7 U.S.C. 8316(b)).
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and Senate
Committees on Appropriations in accordance with the reprogramming
procedures contained in the report accompanying 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.
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,
$3,650,171,000, 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,
$2,000,000 shall be available for grants or contracts with public or
private institutions to provide alcohol or drug treatment services to
Indians, including alcohol detoxification services: Provided further,
That, $914,139,000 for Purchased/Referred Care, including $53,000,000
for the Indian Catastrophic Health Emergency Fund, shall remain
available until expended: Provided further, That, of the funds
provided, up to $36,000,000 shall remain available until expended for
implementation of the loan repayment program under section 108 of the
Indian Health Care Improvement Act: Provided further, That, of the
funds provided, $11,000,000 shall remain available until expended to
supplement funds available for operational costs at tribal clinics
operated under an Indian Self-Determination and Education Assistance
Act compact or contract where health care is delivered in space
acquired through a full service lease, which is not eligible for
maintenance and improvement and equipment funds from the Indian Health
Service: 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, $543,607,000, 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), $15,212,000, to remain available until
September 30, 2018: Provided, That of the funds made available under
this heading, not to exceed $7,377,000 shall become available on July
1, 2017, and shall 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, $718,059,000, to remain available until September 30, 2018,
except as otherwise provided herein; of which not to exceed $48,467,000
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, $142,184,000, 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, $132,961,000, 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: Provided, That section 6301 of title
40, United States Code is amended by striking the period at the end of
section 6301(2)(C) and inserting ``; and'' and adding the following:
``(D) 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.''.
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, $13,000,000, 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, $148,449,000 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, $148,442,000, to remain available
until expended, of which $138,198,000 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 $10,244,000 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, $2,653,000: 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 1 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), $6,493,000.
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.
Dwight D. Eisenhower Memorial Commission
salaries and expenses
For necessary expenses, including the costs of construction design,
of the Dwight D. Eisenhower Memorial Commission, $1,000,000, to remain
available until expended.
Women's Suffrage Centennial Commission
salaries and expenses
For necessary expenses of the Women's Suffrage Centennial
Commission, as authorized by this Act, $2,000,000, to remain available
until expended.
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
Sec. 401. No part of any appropriation contained in this Act shall
be available--
(1) 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 or other than to communicate to Members
of Congress as described in 18 U.S.C. 1913; or
(2) for publicity or propaganda purposes for the
preparation, distribution or use of any communication designed
to support or defeat any proposed or pending regulation,
administrative action, or order issued by an executive branch
agency, except in presentation to the executive branch itself
or to Congress.
obligation of appropriations
Sec. 402. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
disclosure of administrative expenses
Sec. 403. The amount and basis of estimated overhead charges,
deductions, reserves or holdbacks, including working capital fund and
cost pool charges, from programs, projects, activities and
subactivities to support government-wide, departmental, agency, or
bureau administrative functions or headquarters, regional, or central
operations shall be presented in annual budget justifications and
subject to approval by the Committees on Appropriations of the House of
Representatives and the Senate. Changes to such estimates shall be
presented to the Committees on Appropriations for approval.
mining applications
Sec. 404. (a) Limitation of Funds.--None of the funds appropriated
or otherwise made available pursuant to this Act shall be obligated or
expended to accept or process applications for a patent for any mining
or mill site claim located under the general mining laws.
(b) Exceptions.--Subsection (a) shall not apply if the Secretary of
the Interior determines that, for the claim concerned (1) a patent
application was filed with the Secretary on or before September 30,
1994; and (2) all requirements established under sections 2325 and 2326
of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims,
sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C.
35, 36, and 37) for placer claims, and section 2337 of the Revised
Statutes (30 U.S.C. 42) for mill site claims, as the case may be, were
fully complied with by the applicant by that date.
(c) Report.--On September 30, 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.
waters of the united states
Sec. 411. None of the funds made available in this Act or any
other Act, 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.
prohibition on no-bid contracts
Sec. 412. 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. 413. (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.
carbon emissions from forest biomass
Sec. 414. (a) In General.--For any policy, regulation, or action of
the Administrator of the Environmental Protection Agency (referred to
in this section as the ``Administrator'') specifically relating to
carbon dioxide emissions due to the combustion of forest biomass from
stationary sources, the Administrator shall provide that those
emissions, including forest biomass carbon dioxide emissions from a
facility that combusts forest biomass for energy, do not require
regulation, control, or action if--
(1) the Secretary of Agriculture (referred to in this
section as the ``Secretary'') determines, based on the most
recent annual assessment of forest and timberland carbon stocks
derived from the Forest Inventory and Analysis data of the
Department of Agriculture, that timberland carbon stocks in the
relevant region, as described in subsection (b), are stable or
increasing as compared to the assessment of timberland carbon
stocks for that region based on the relevant average timberland
carbon stock assessment baseline described in subsection (c);
or
(2) the forest biomass is derived from--
(A) mill product manufacturing residuals;
(B) harvest residues;
(C) biowaste (including used wood products); or
(D) forest management activities that are
conducted--
(i) to increase yield; or
(ii) to maintain or enhance forest health.
(b) Region Identification.--
(1) In general.--For purposes of the annual assessment of
forest and timberland carbon stocks described in subsection
(a)(1), the Secretary shall identify the relevant regions as
the following:
(A) North region.--The North Region shall be
comprised of the States of Connecticut, Delaware,
Illinois, Indiana, Iowa, Kansas, Maine, Maryland,
Massachusetts, Michigan, Minnesota, Missouri, Nebraska,
New Hampshire, New Jersey, New York, North Dakota,
Ohio, Pennsylvania, Rhode Island, South Dakota,
Vermont, West Virginia, and Wisconsin.
(B) South region.--The South Region shall be
comprised of the States of Alabama, Arkansas, Florida,
Georgia, Kentucky, Louisiana, Mississippi, North
Carolina, Oklahoma, South Carolina, Tennessee, Texas,
and Virginia.
(C) Intermountain region.--The Intermountain Region
shall be comprised of the States of Arizona, Colorado,
Nevada, New Mexico, Utah, and Wyoming.
(D) Pacific coast and northwest region.--The
Pacific Coast and Northwest Region shall be comprised
of California, Idaho, Montana, Oregon, and Washington.
(2) Individual consideration.--For purposes of the annual
assessment of forest and timberland carbon stocks described in
subsection (a)(1), the Secretary shall consider individually
any State not described in paragraph (1).
(c) Average Carbon Stock Assessment Baseline.--The Administrator,
in consultation with the Secretary, shall calculate the average
timberland carbon stock assessment baseline referred to in subsection
(a)(1)--
(1) for the period beginning on the date of enactment of
this Act and ending on December 31, 2029, based on the average
timberland carbon stock assessment for the years 2006 through
2015;
(2) for the period beginning on January 1, 2030, and ending
on December 31, 2039, based on the average timberland carbon
stock assessment for the years 2016 through 2025; and
(3) for the 10-year period beginning on January 1, 2040,
and ending on December 31, 2049, and for each subsequent 10-
year period, based on the average timberland carbon stock
assessment for the 10-year period following the end of the
previous 10-year baseline calculation.
(d) Annual Determination of Applicability.--Not less frequently
than annually, the Administrator shall review the most recent annual
assessment of the Secretary referred to in subsection (a)(1) to
determine the applicability of subsection (a).
(e) Forest Carbon Assessments.--Subject to appropriations, the
Secretary shall update the measurement of forest carbon stocks with
plot data not less frequently than once every 5 years.
national endowment for the arts grant guidelines
Sec. 415. 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. 416. (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.
financial assurance
Sec. 417. 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)).
status of balances of appropriations
Sec. 418. 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. 419. 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. 420. 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. 421. 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. 422. (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. 423. 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. 424. 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. 425. 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. 426. Section 604(d) of the Healthy Forest Restoration Act of
2003 (16 U.S.C. 6591c(d)), as amended by the Agricultural Act of 2014
(Public Law 113-79), is further amended--
(1) in paragraph (5), by adding at the end the following:
``Notwithstanding the Materials Act of 1947 (30 U.S.C. 602(a)),
the Director may enter into an agreement or contract under
subsection (b).''; and
(2) in paragraph (7), by striking ``and the Director''.
use of american iron and steel
Sec. 427. (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.
john f. kennedy center reauthorization
Sec. 428. Section 13 of the John F. Kennedy Center Act (20 U.S.C.
76r) is amended by striking subsections (a) and (b) and inserting the
following:
``(a) Maintenance, Repair, and Security.--There is authorized to be
appropriated to the Board to carry out section 4(a)(1)(H), $24,000,000
for fiscal year 2017.
``(b) Capital Projects.--There is authorized to be appropriated to
the Board to carry out subparagraphs (F) and (G) of section 4(a)(1),
$13,000,000 for fiscal year 2017.''.
good neighbor authority
Sec. 429. Section 8206(b)(2) of the Agricultural Act of 2014 (16
U.S.C. 2113a(b)(2)) is amended by adding at the end of the following:
``(C) Forest development roads.--
``(i) In general.--Notwithstanding
subsection (a)(3)(B), existing roads shall be
repaired or reconstructed to a satisfactory
condition to perform authorized restoration
services including removal of timber.''.
boundary adjustment, bob marshall wilderness, helena-lewis and clark
national forest
Sec. 430. The boundary of the Patrick's Basin Addition to the Bob
Marshall Wilderness designated by section 3065(c)(1)(A) of the ``Carl
Levin and Howard P. `Buck' McKeon National Defense Authorization Act
for Fiscal Year 2015'' (Public Law 113-291; 128 Stat. 3835) is modified
to exclude approximately 603 acres of land as generally depicted as
items 1 and 2 on the map entitled ``Patrick's Basin Addition to the Bob
Marshall Wilderness--Kenck Cabin and South Fork Sun River Packbridge
Adjustments'' and dated April 21, 2016, which shall be on file and
available for public inspection in the appropriate offices of the
Forest Service. The lands excluded from the wilderness shall be added
to and administered as part of the Rocky Mountain Front Conservation
Management Area established in section 3065(b).
access for inspectors general
Sec. 431. No funds provided in this Act shall be used to deny an
Inspector General funded under this Act timely access to any records,
documents, or other materials available to the department or agency
over which that Inspector General has responsibilities under the
Inspector General Act of 1978, or to prevent or impede that Inspector
General's access to such records, documents, or other materials, under
any provision of law, except a provision of law that expressly refers
to the Inspector General and expressly limits the Inspector General's
right of access. A department or agency covered by this section shall
provide its Inspector General with access to all such records,
documents, and other materials in a timely manner. Each Inspector
General shall ensure compliance with statutory limitations on
disclosure relevant to the information provided by the establishment
over which that Inspector General has responsibilities under the
Inspector General Act of 1978. Each Inspector General covered by this
section shall report to the Committees on Appropriations of the House
of Representatives and the Senate within 5 calendar days any failures
to comply with this requirement.
TITLE V
WILDFIRE DISASTER FUNDING
wildfire disaster funding authority
Sec. 501. (a) Disaster Funding.--Section 251(b)(2)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(D)) is amended--
(1) in clause (i)--
(A) in subclause (I), by striking ``and'' at the
end and inserting ``plus'';
(B) in subclause (II), by striking the period at
the end and inserting ``; less''; and
(C) by adding the following:
``(III) the additional new budget
authority provided in an appropriation
Act for wildfire suppression operations
pursuant to subparagraph (E) for the
preceding fiscal year.''; and
(2) by adding at the end the following:
``(v) Beginning in fiscal year 2019, and
for each fiscal year thereafter, the
calculation of the `average funding provided
for disaster relief over the previous 10 years'
shall include for each year within that average
the additional new budget authority provided in
an appropriation Act for wildfire suppression
operations pursuant to subparagraph (E) for the
preceding fiscal year.''.
(b) Wildfire Suppression.--Section 251(b)(2) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)) is
amended by adding at the end the following:
``(E) Wildfire suppression.--
``(i) Definitions.--In this subparagraph:
``(I) Additional new budget
authority.--The term `additional new
budget authority' means the amount
provided for a fiscal year in an
appropriation Act that is--
``(aa) in excess of 100
percent of the average costs
for wildfire suppression
operations over the previous 10
years; and
``(bb) specified to pay for
the costs of wildfire
suppression operations.
``(II) Wildfire suppression
operations.--The term `wildfire
suppression operations' means the
emergency and unpredictable aspects of
wildland firefighting, including--
``(aa) support, response,
and emergency stabilization
activities;
``(bb) other emergency
management activities; and
``(cc) the funds necessary
to repay any transfers needed
for the costs of wildfire
suppression operations.
``(ii) Additional new budget authority.--If
a bill or joint resolution making
appropriations for a fiscal year is enacted
that specifies an amount for wildfire
suppression operations in the Wildland Fire
Management accounts at the Department of
Agriculture or the Department of the Interior,
then the adjustments for that fiscal year shall
be the amount of additional new budget
authority provided in that Act for wildfire
suppression operations for that fiscal year,
but shall not exceed--
``(I) for fiscal year 2017,
$1,410,000,000 in additional new budget
authority;
``(II) for fiscal year 2018,
$1,460,000,000 in additional new budget
authority;
``(III) for fiscal year 2019,
$1,560,000,000 in additional new budget
authority;
``(IV) for fiscal year 2020,
$1,780,000,000 in additional new budget
authority;
``(V) for fiscal year 2021,
$2,030,000,000 in additional new budget
authority;
``(VI) for fiscal year 2022,
$2,320,000,000 in additional new budget
authority;
``(VII) for fiscal year 2023,
$2,650,000,000 in additional new budget
authority;
``(VIII) for fiscal year 2024,
$2,690,000,000 in additional new budget
authority;
``(IX) for fiscal year 2025,
$2,690,000,000 in additional new budget
authority; and
``(X) for fiscal year 2026,
$2,690,000,000 in additional new budget
authority.
``(iii) Average cost calculation.--The
average costs for wildfire suppression
operations over the previous 10 years shall be
calculated annually and reported in the budget
of the President submitted under section
1105(a) of title 31, United States Code, for
each fiscal year.''.
reporting requirements
Sec. 502. (a) Supplemental Appropriations.--If the Secretary of the
Interior or the Secretary of Agriculture determines that supplemental
appropriations are necessary for a fiscal year for wildfire suppression
operations, a request for the supplemental appropriations shall
promptly be submitted to Congress.
(b) Notice of Need for Additional Funds.--Prior to the obligation
of any of the additional new budget authority for wildfire suppression
operations specified for purposes of section 251(b)(2)(E)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(E)(ii)), the Secretary of the Interior or the Secretary of
Agriculture, as applicable, shall submit to the Committees on
Appropriations and the Budget of the House of Representatives and the
Committees on Appropriations and the Budget of the Senate written
notification that describes--
(1) that the amount for wildfire suppression operations to
meet the terms of section 251(b)(2)(E) of that Act for that
fiscal year will be exhausted imminently; and
(2) the need for additional new budget authority for
wildfire suppression operations.
(c) Accounting, Reports and Accountability.--
(1) Accounting and reporting requirements.--For each fiscal
year, the Secretary of the Interior and the Secretary of
Agriculture shall account for and report on the amounts used
from the additional new budget authority for wildfire
suppression operations provided to the Secretary of the
Interior or Secretary of Agriculture, as applicable, in an
appropriations Act pursuant to section 251(b)(2)(E)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 901(b)(2)(E)(ii)).
(2) Annual report.--
(A) In general.--Not later than 180 days after the
end of the fiscal year for which additional new budget
authority is used, pursuant to section 251(b)(2)(E)(ii)
of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 901(b)(2)(E)(ii)), the Secretary
of the Interior or the Secretary of Agriculture, as
applicable, shall--
(i) prepare an annual report with respect
to the additional new budget authority;
(ii) submit to the Committees on
Appropriations, the Budget, and Natural
Resources of the House of Representatives and
the Committees on Appropriations, the Budget,
and Energy and Natural Resources of the Senate
the annual report prepared under clause (i);
and
(iii) make the report prepared under clause
(i) available to the public.
(B) Components.--The annual report prepared under
subparagraph (A) shall--
(i) document risk-based factors that
influenced management decisions with respect to
wildfire suppression operations;
(ii) analyze a statistically significant
sample of large fires, including an analysis
for each fire of--
(I) cost drivers;
(II) the effectiveness of risk
management techniques and whether fire
operations strategy tracked the risk
assessment;
(III) any resulting ecological or
other benefits to the landscape;
(IV) the impact of investments in
wildfire suppression operations
preparedness;
(V) effectiveness of wildfire
suppression operations, including an
analysis of resources lost versus
dollars invested;
(VI) effectiveness of any fuel
treatments on fire behavior and
suppression expenditures;
(VII) levels of exposure
experienced by firefighters;
(VIII) suggested corrective
actions; and
(IX) any other factors the
Secretary of the Interior or Secretary
of Agriculture determines to be
appropriate;
(iii) include an accounting of overall fire
management and spending by the Department of
the Interior or the Department of Agriculture,
which shall be analyzed by fire size, cost,
regional location, and other factors;
(iv) describe any lessons learned in the
conduct of wildfire suppression operations; and
(v) include any other elements that the
Secretary of the Interior or the Secretary of
Agriculture determines to be necessary.
sense of the senate
Sec. 503. It is the sense of the Senate that--
(1) the amendments made by section 501 fall within the
exclusive jurisdiction of the Committee on the Budget; and
(2) the final version of an amendment made by section 501
that makes an adjustment for new budget authority should be
prepared in consultation with the Committee on the Budget of
the Senate.
wildfire risk reduction projects
Sec. 504. (a) In General.--Amounts made available in an annual
appropriations Act for wildfire suppression operations to meet the
terms of section 251(b)(2)(E) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(E)) for a fiscal year
that are not expended for that fiscal year may be available to the
Secretary concerned for wildfire risk reduction projects in accordance
with subsection (b).
(b) Project Priorities.--In providing amounts made available to the
Secretary concerned under subsection (a), the Secretary concerned shall
give priority to projects that are--
(1) conducted in areas that--
(A) are within or adjacent to--
(i) at-risk communities (as defined in
section 204(b)(1)); or
(ii) high-value watersheds;
(B) have very high wildfire hazard potential; and
(C) are in Fire Regime Group I, II, or III; and
(2) designed to achieve 1 or more of the goals established
in the report of the Secretaries entitled ``The National
Strategy: the Final Phase of the Development of the National
Cohesive Wildland Fire Management Strategy'' and dated April
2014--
(A) to create fire-adapted communities;
(B) to restore and maintain resilient landscapes;
and
(C) to achieve safe, effective fire response.
(c) Additional New Budget Authority.--
(1) Amounts referenced in subsection (a) may only be
available for wildfire risk reduction projects if no additional
new budget authority for wildfire suppression operations
specified for purposes of section 251(b)(2)(E)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 901(b)(2)(E)(ii)) has been obligated for a fiscal year;
and
(2) Once an amount is made available for wildfire risk
reduction projects for a fiscal year, no additional new budget
authority for wildfire suppression operations specified for
that purpose by that Act may be obligated thereafter for that
fiscal year.
(d) Annual Reports.--The Secretary concerned shall submit with the
annual budget of the United States submitted by the President under
section 1105 of title 31, United States Code, a list of projects to be
implemented using amounts made available to the Secretary concerned
under subsection (a).
environmental analysis for certain forest management activities
Sec. 505. (a) Application to Certain Environmental Assessments and
Environmental Impact Statements.--This section shall apply in any case
in which the Secretary of Agriculture or the Secretary of Interior
prepares an environmental assessment or an environmental impact
statement pursuant to section 102(2) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)) for a forest management activity
that--
(1) is developed--
(A) through a collaborative process that includes a
diverse and balanced stakeholder representation;
establishes clear expectations and goals; strives for
maximum transparency in the decisionmaking process;
encourages stakeholders to function as representatives;
fosters long-term participation; recognizes timeframes
and resources; and enhances agency decisionmaking;
(B) under the Collaborative Forest Landscape
Restoration Program established under section 4003 of
the Omnibus Public Land Management Act of 2009 (16
U.S.C. 7303);
(C) by a resource advisory committee as defined in
section 201 of the Secure Rural Schools and Community
Self-Determination Act of 2000 (16 U.S.C. 7121); or
(D) is covered by a community wildfire protection
plan; and
(2) the primary purpose of which is--
(A) reducing hazardous fuel loads;
(B) installing fuel and fire breaks;
(C) restoring forest health and resilience;
(D) protecting a municipal water supply or a
critical communication site;
(E) improving wildlife habitat to meet management
and conservation goals, including State population
goals; or
(F) a combination of 2 or more of the purposes
described in subparagraphs (A) through (E).
(b) Consideration of Alternatives.--In an environmental assessment
or environmental impact statement described in subsection (a), the
Secretary concerned shall study, develop, and describe only the
following alternatives:
(1) The forest management activity, as proposed under
subsection (a).
(2) The alternative of no action.
(c) Elements of No-action Alternative.--In the case of the
alternative of no action, the Secretary concerned shall evaluate the
effect of no action on--
(1) forest health;
(2) wildlife habitat;
(3) wildfire potential;
(4) insect and disease potential; and
(5) economic and social factors.
(d) Exclusions.--This section shall not apply to--
(1) any component of the National Wilderness Preservation
System;
(2) any congressionally designated wilderness study area;
(3) any research natural area;
(4) any National Forest System land or public land on which
the removal of vegetation is prohibited by Act of Congress; or
(5) any designated critical habitat for a Federally listed
threatened or endangered species, unless, after a consultation
under section 7 of the Endangered Species Act of 1973 (16
U.S.C. 1536), the Secretary of the Interior, acting through the
Director of the United States Fish and Wildlife Service,
determines that the forest management activity is not likely to
destroy or adversely modify the critical habitat.
(e) Road Building.--
(1) Permanent roads.--A forest management activity carried
out under this section shall not include the construction of
any new, permanent road.
(2) Existing roads.--The Secretary concerned may carry out
necessary maintenance of, repairs to, or reconstruction of an
existing permanent road under a forest management activity
carried out under this section.
(3) Temporary roads.--The Secretary concerned shall
decommission any temporary road constructed under a forest
management activity carried out under this section by not later
than 3 years after the date on which the project is completed.
(f) Land and Resource Management Plans.--All forest management
activities carried out under this section shall be consistent with the
applicable land and resource management plan.
tongass national forest plan amendment
Sec. 506. (a) In General.--The Secretary of Agriculture shall
comply with section 705(a) of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 539d(a)).
(b) Inventory.--Using funds set aside for activities related to the
proposed Transition Framework in Region 10, the Secretary of
Agriculture shall conduct a comprehensive inventory of young-growth
stands, as recommended by the Tongass Advisory Committee.
(c) Requirements.--The comprehensive inventory conducted under
subsection (b) shall--
(1) include stand-level field work with respect to young-
growth timber located on the 462,000 acres of young-growth
sites in the Tongass National Forest; and
(2) assess all age classes of timber inventoried for the
purpose of refining inventory and growth data to properly
forecast yields from stands and future economic options with
respect to the timber inventoried.
(d) Record of Decision.--The Secretary of Agriculture shall not
issue a record of decision for any forest plan amendment to the Tongass
land and resource management plan dated 2008 that includes transition
to young-growth management until the date on which--
(1) the comprehensive inventory is completed under
subsection (b); and
(2) the public is notified of, and provided a period of not
less than 90 days to comment regarding, the comprehensive
inventory.
TITLE VI--ALASKA LAND USE COUNCIL ACT
SECTION 601. SHORT TITLE.
This title may be cited as the ``Alaska Land Use Council Act''.
SEC. 602. PURPOSE.
The purpose of this title is to facilitate enhanced coordination
and cooperation among Federal, State, and Alaska Native Corporation and
tribal land and resource managers in the implementation of the Alaska
National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.) and
other applicable land and resource management laws.
SEC. 603. DEFINITIONS.
In this title:
(1) Conservation system unit.--The term ``conservation
system unit'' has the meaning given the term in section 102 of
the Alaska National Interest Lands Conservation Act (16 U.S.C.
3102).
(2) Council.--The term ``Council'' means the Alaska Land
Use Council established by section 4(a).
(3) Native; native corporation; regional corporation;
village corporation.--The terms ``Native'', ``Native
Corporation'', ``Regional Corporation'', and ``Village
Corporation'' have the meanings given the terms in section 3 of
the Alaska Native Claims Settlement Act (43 U.S.C. 1602).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, except that when such term is used with
respect to any unit of the National Forest System, such term
means the Secretary of Agriculture.
(5) State.--The term ``State'' means the State of Alaska.
SEC. 604. ESTABLISHMENT; MEMBERSHIP.
(a) Establishment.--There is established the Alaska Land Use
Council.
(b) Composition.--
(1) Permanent members.--The Council shall consist of each
of the following permanent members:
(A) Federal members.--The head of the Alaska
offices of each of the following Federal agencies:
(i) The National Park Service.
(ii) The United States Fish and Wildlife
Service.
(iii) The Forest Service.
(iv) The Bureau of Land Management.
(B) State members.--The following State members:
(i) The Commissioner of the Alaska
Department of Environmental Conservation.
(ii) The Commissioner of the Alaska
Department of Fish and Game.
(iii) The Commissioner of the Alaska
Department of Natural Resources.
(iv) The Commissioner of the Alaska
Department of Transportation and Public
Facilities.
(C) Alaska native members.--The following Alaska
Native members:
(i) 2 representatives selected by the
Regional Corporations, in consultation with the
respective Village Corporations, that represent
the 12 geographic regions described in section
7(a) of the Alaska Native Claims Settlement Act
(43 U.S.C. 1606(a)); and
(ii) 2 representatives of Alaska Natives
selected through the Alaska Federation of
Natives, at least 1 of whom represents an
Alaska Native tribe.
(2) Advisory members.--
(A) In general.--In addition to the permanent
members of the Council appointed under paragraph (1),
representatives of other agencies may participate, with
the concurrence of the permanent members of the
Council, on an ad hoc basis, with respect to specific
projects or activities of the Council.
(B) Inclusions.--Individuals that may participate
on an ad hoc basis under subparagraph (A) include
representatives of--
(i) the Alaska Department of Commerce,
Community, and Economic Development;
(ii) the Citizens' Advisory Commission on
Federal Areas;
(iii) the State ANILCA Program Coordinator
or members of the State ANILCA Program within
the State administration;
(iv) the University of Alaska;
(v) the Alaska Mental Health Land Trust
Authority;
(vi) units of local government in the
State;
(vii) the Bureau of Indian Affairs;
(viii) the Coast Guard;
(ix) the Environmental Protection Agency;
(x) the Federal Aviation Administration;
(xi) the National Oceanic and Atmospheric
Administration;
(xii) the Bureau of Ocean Energy
Management;
(xiii) the Corps of Engineers;
(xiv) the United States Geological Survey;
and
(xv) the Federal Highway Administration.
(3) Vacancy.--Any vacancy on the Council shall be filled in
the same manner as the original appointment was made.
(c) Presiding Officer.--The Council shall elect a Presiding Officer
from among the permanent members of the Council on an annual basis.
(d) Location of Office.--The office of the Council shall be located
in the State.
(e) Meetings.--
(1) In general.--The Council shall meet at the call of the
Presiding Officer, but not less than 4 times each year.
(2) Open to the public.--All Council meetings shall be open
to the public.
(3) Notice.--At least 30 days before the date on which a
meeting of the Council is to be held, the Presiding Officer
shall publish notice of the meeting in--
(A) the Federal Register;
(B) newspapers of general circulation in various
areas throughout the State; and
(C) all Federal and State agency websites that
regularly provide notice of public meetings, including
any social media websites.
(f) Rules.--The Council shall adopt any internal rules of procedure
for the Council that the Council determines to be necessary.
SEC. 605. COUNCIL PERSONNEL MATTERS.
(a) Compensation of Members.--
(1) Federal members.--A member of the Council who is a
Federal employee shall receive no additional compensation for
service on the Council.
(2) State members.--A State member of the Council shall be
compensated in accordance with applicable State law.
(3) Travel expenses.--A member or advisory member of the
Council shall be allowed travel expenses, including per diem,
at rates authorized for experts or consultants under section
5703 of title 5, United States Code, while away from the home
or regular place of business of the member in the performance
of the duties of the Council.
(b) Staff.--The Presiding Officer may--
(1) create and abolish staff positions, including positions
for temporary and intermittent staff;
(2) establish and provide for the qualification,
appointment, removal, and compensation of Council staff; and
(3) procure office space, supplies, and equipment needed
for the Council.
(c) Limitation on Use of Federal Funds.--During any 1 fiscal year,
the Federal Government shall provide not more than $2,000,000 of the
costs and other expenses of the Council (other than salaries and
benefits of members of the Council) incurred by the Council in carrying
out the duties of the Council under this title.
SEC. 606. POWERS.
(a) Hearings.--For the purpose of carrying out this title, the
Council may hold such hearings, take such testimony, receive such
evidence, and print or otherwise prepare, reproduce, and distribute
reports relating to any proceedings that the Council determines to be
advisable.
(b) Use of Equipment and Personnel.--
(1) In general.--The Council may, with the consent of the
head of the Federal or other agency, as applicable, use the
services, equipment, personnel, and facilities of Federal and
other agencies, with or without reimbursement.
(2) Cooperation required.--Each department and agency of
the Federal Government shall cooperate fully in making the
services, equipment, personnel, and facilities of the
department or agency available to the Council.
(3) Supervision.--Personnel detailed to the Council under
this subsection shall be under the direction of the Presiding
Officer (or a designee of the Presiding Officer) during any
period in which the staff are detailed to the Council.
(c) Donations.--The Council may accept and use donations, gifts,
and other contributions to carry out the duties of the Council under
this title.
SEC. 607. DUTIES.
(a) Studies; Advisory Role.--The Council shall conduct studies and
advise the Secretary, the Secretary of Agriculture, other Federal
agencies, the State, units of local government in the State, Alaska
Native tribes, and Native Corporations with respect to--
(1) ongoing, planned, and proposed land and resource uses
in the State (including transportation planning, land use
designation and classification, fish and wildlife management,
tourism, agricultural development, coastal zone management, and
preservation of cultural and historical resources); and
(2) such other matters as may be submitted by--
(A) the permanent members of the Council for
advice; and
(B) the advisory members of the Council, subject to
the approval of the permanent members of the Council.
(b) Recommendations.--The Council shall make recommendations--
(1) to appropriate officials of the Federal Government and
the State with respect to--
(A) proposed and existing regulations issued by a
Federal agency to carry out the responsibilities of the
Federal agency under the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3101 et seq.) and other
applicable Federal laws;
(B) management plans and studies required by the
Alaska National Interest Lands Conservation Act (16
U.S.C. 3101 et seq.) and other applicable Federal laws
related to public lands (as defined in section 102 of
the Alaska National Interest Lands Conservation Act (16
U.S.C. 3102)), including plans and studies for
conservation system units, national recreation areas,
national conservation areas, the National Petroleum
Reserve--Alaska, designated wilderness study areas,
other areas managed for wilderness characteristics, and
other public land managed by the Secretary of
Agriculture or the Secretary of the Interior;
(C) proposed regulations issued by the State to
carry out the responsibilities of the State under the
Alaska National Interest Lands Conservation Act (16
U.S.C. 3101 et seq.);
(D) the implementation of any regulations,
management plans, or studies described in subparagraphs
(A) through (C), including through policies,
procedures, guidance, programs, or administrative
directives;
(E) ways to improve coordination and consultation
between the Federal Government and the State in land
and wildlife management, transportation planning,
natural resource development, wilderness review, and
other governmental activities that--
(i) may affect land and resource
responsibilities of Federal, State, or Alaska
Native entities; or
(ii) require regional or statewide
coordination;
(F) ways to ensure that economic development is--
(i) orderly and planned;
(ii) consistent with the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3101
et seq.); and
(iii) compatible with State and national
economic, social, and environmental objectives;
(G) any changes in laws, policies, guidance,
procedures, administrative directives, and programs
relating to publicly managed land and resources that
the Council determines to be necessary;
(H)(i) the inventory, planning, classification,
management, and use of Federal land and State land,
respectively; and
(ii) to provide to Native Corporations, on request
of the Native Corporations, assistance with the
activities described in clause (i);
(I) any necessary modifications with respect to
existing withdrawals of Federal land and State land;
and
(J) the programs and budgets of Federal agencies
and State agencies responsible for the administration
of Federal land and State land, respectively; and
(2) to appropriate officials of the Federal Government, the
State, and Native Corporations, with respect to land exchanges,
land acquisitions, and boundary adjustments among the Federal
Government, the State, and Native Corporations.
(c) Cooperative Planning.--
(1) Recommendations.--The Council shall recommend the
establishment of cooperative planning zones consisting of areas
of the State in which the management of land or resources by 1
member of the Council materially affects the management of land
or resources of 1 or more other members of the Council.
(2) Cooperative agreements.--Federal members of the Council
may enter into cooperative agreements with Federal, State, and
local agencies and Native Corporations that provide for mutual
consultation, review, and coordination of land and resource
management plans and programs within the zones recommended
under paragraph (1).
(3) Assistance.--
(A) In general.--With respect to land, water, and
interests in land and water that are subject to a
cooperative agreement in accordance with this
subsection, the Secretary may provide technical and
other assistance to the landowner with respect to fire
control, trespass control, law enforcement, resource
use, and planning.
(B) Reimbursement not required.--Assistance may be
provided under subparagraph (A) without reimbursement
if the Secretary determines that providing the
assistance without reimbursement would--
(i) further the purposes of the cooperative
agreement; and
(ii) be in the public interest.
(4) Public participation.--A cooperative agreement entered
into under this subsection shall include a plan for public
participation consistent with the guidelines established by the
Council under section 8.
(d) Failure to Accept Recommendations.--
(1) In general.--Except as provided in paragraph (2), if
any Federal or State agency does not accept a recommendation
made by the Council pursuant to subsection (b) or (c), not
later than 60 days after the date of receipt of the
recommendation, the agency shall inform the Council, in writing
of the reasons of the agency for the action, including, for a
Federal agency, a statement of--
(A) whether the Federal agency will pursue part or
none of the recommended action; and
(B) reasons for the decision of the Federal agency
with respect to the recommended action.
(2) Council proposals for changes to existing federal
regulations, policies, and decisions.--
(A) In general.--If the Council recommends in
writing that an action be taken by a Federal agency to
modify Federal regulations, policies, or decisions, the
head of the Federal agency shall respond in writing to
the Council not later than 90 days after the date on
which the Federal agency received the recommendation of
the Council.
(B) Requirement.--In a response to the Council
under paragraph (1), the head of the Federal agency
shall--
(i) state whether the Federal agency will
take all, part, or none of the recommended
action; and
(ii) provide a statement of reasons for the
decision of the Federal agency with respect to
the recommended action.
(e) Recordkeeping.--The Council shall--
(1) maintain complete accounts and records of the
activities and transactions of the Council; and
(2) make accounts and records maintained under paragraph
(1) available for public inspection.
(f) Report.--Not later than February 1 of each calendar year after
the calendar year in which the Council is established, the Presiding
Officer shall submit to the President, Congress, the Governor of the
State, and the State legislature a report that--
(1) describes the activities of the Council during the
previous year; and
(2) includes any recommendations of the Council for
legislative or other actions in furtherance of the purposes of
this title.
SEC. 608. PUBLIC PARTICIPATION PROGRAM.
(a) Establishment.--The Council may establish and implement a
public participation program to assist the Council in carrying out the
duties of the Council under this title.
(b) Committee of Land Use Advisors.--
(1) In general.--The program established under subsection
(a) may include a committee of land use advisors composed of
representatives of commercial and industrial land users in the
State, recreational land users, wilderness users, environmental
groups, Native Corporations, tribal organizations, and other
public and private organizations, to be appointed by the
Council.
(2) Membership.--To the maximum extent practicable, the
membership of the committee established under paragraph (1)
shall provide a balanced mixture of national, State, and local
perspectives and expertise on land and resource use issues.
(c) Proposed Systems.--The program established under subsection (a)
may include--
(1) a system for the identification of persons and
communities in rural and urban Alaska that may be directly or
significantly affected by studies conducted, or advice and
recommendations given, by the Council under this title; and
(2) guidelines for, and implementation of, a system for
effective public participation by the persons and communities
described in paragraph (1) in the development of the studies,
advice, and recommendations by the Council.
SEC. 609. TERMINATION.
(a) In General.--Unless extended by Congress, the Council shall
terminate 15 years after the date of enactment of this title.
(b) Report.--Not later than 1 year before the termination date
under subsection (a), the Presiding Officer shall submit to Congress a
report that--
(1) describes the accomplishments of the Council;
(2) includes recommendations of the Council as to whether
the Council should be extended; and
(3) if the Council determines that the Council should not
be extended, includes recommendations for legislation or other
actions to be carried out following the termination of the
Council to continue carrying out the purposes for which the
Council was established.
SEC. 610. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Council $2,000,000,
to remain available until expended.
TITLE VII--WOMEN'S SUFFRAGE CENTENNIAL COMMISSION ACT
SECTION 701. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the ``Women's Suffrage
Centennial Commission Act''.
(b) Table of Contents.--The table of contents for this title is as
follows:
Sec. 701. Short title; table of contents.
Sec. 702. Findings.
Sec. 703. Establishment of Women's Suffrage Centennial Commission.
Sec. 704. Duties of Centennial Commission.
Sec. 705. Powers of Centennial Commission.
Sec. 706. Centennial Commission personnel matters.
Sec. 707. Termination of Centennial Commission.
Sec. 708. Authorization of appropriations.
SEC. 702. FINDINGS.
Congress finds the following:
(1) From 1919 to 1920, the Sixty-Sixth United States
Congress debated, and State legislatures considered, an
amendment to the United States Constitution to provide suffrage
for women.
(2) A proposed women's suffrage amendment was first
introduced in the United States Senate in 1878 and was brought
to a vote, unsuccessfully, in 1887, 1914, 1918, and 1919.
Finally, on May 21, 1919, the House of Representatives approved
a proposed amendment, followed by the Senate a few weeks later
on June 4. Within days, the legislatures of Wisconsin,
Illinois, and Michigan had voted to ratify the Amendment.
(3) On August 18, 1920, Tennessee became the 36th State to
ratify the Amendment, providing the support of three-fourths of
States necessary under Article V of the United States
Constitution.
(4) The introduction, passage, and ultimate ratification of
the Nineteenth Amendment were the culmination of decades of
work and struggle by advocates for the rights of women across
the United States and worldwide.
(5) Ratification of the Nineteenth Amendment ensured women
could more fully participate in their democracy and
fundamentally changed the role of women in the civic life of
our Nation.
(6) The centennial offers an opportunity for people in the
United States to learn about and commemorate the efforts of the
women's suffrage movement and the role of women in our
democracy.
(7) Commemorative programs, activities, and sites allow
people in the United States to learn about the women's suffrage
movement and to commemorate and honor the role of the
ratification of the Nineteenth Amendment in further fulfilling
the promise of the United States Constitution and promoting the
core values of our democracy.
SEC. 703. ESTABLISHMENT OF WOMEN'S SUFFRAGE CENTENNIAL COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``Women's Suffrage Centennial Commission'' (referred to in this
title as the ``Centennial Commission'').
(b) Membership.--
(1) The Centennial Commission shall be composed of 14
members, of whom--
(A) 2 shall be appointed by the President;
(B) 2 shall be appointed by the Speaker of the
House of Representatives;
(C) 2 shall be appointed by the minority leader of
the House of Representatives;
(D) 2 shall be appointed by the majority leader of
the Senate;
(E) 2 shall be appointed by the minority leader of
the Senate;
(F) 1 shall be the Librarian of Congress, or the
designee of the Librarian;
(G) 1 shall be the Archivist of the United States,
or the designee of the Archivist;
(H) 1 shall be the Secretary of the Smithsonian
Institution, or the designee of the Secretary; and
(I) 1 shall be the Director of the National Park
Service, or the designee of the Director.
(2) Persons eligible.--
(A) In general.--The members of the Commission
shall be individuals who have knowledge or expertise,
whether by experience or training, in matters to be
studied by the Commission. The members may be from the
public or private sector, and may include Federal,
State, or local employees, former Members of Congress,
members of academia, nonprofit organizations, or
industry, or other interested individuals.
(B) Diversity.--It is the intent of Congress that
persons appointed to the Commission under paragraph (1)
be persons who represent diverse economic,
professional, and cultural backgrounds.
(3) Consultation and appointment.--
(A) In general.--The President, Speaker of the
House of Representatives, minority leader of the House
of Representatives, majority leader of the Senate, and
minority leader of the Senate shall consult among
themselves before appointing the members of the
Commission in order to achieve, to the maximum extent
practicable, fair and equitable representation of
various points of view with respect to the matters to
be studied by the Commission.
(B) Completion of appointments; vacancies.--The
President, Speaker of the House of Representatives,
minority leader of the House of Representatives,
majority leader of the Senate, and minority leader of
the Senate shall conduct the consultation under
subparagraph (A) and make their respective appointments
not later than 60 days after the date of enactment of
this Act.
(4) Vacancies.--A vacancy in the membership of the
Commission shall not affect the powers of the Commission and
shall be filled in the same manner as the original appointment
not later than 30 days after the vacancy occurs.
(c) Meetings.--
(1) Initial meeting.--Not later than 30 days after the date
on which all members of the Centennial Commission have been
appointed, the Centennial Commission shall hold its first
meeting.
(2) Subsequent meetings.--
(A) In general.--The Centennial Commission shall
meet at the call of the Chair.
(B) Frequency.--The Chair shall call a meeting of
the members of the Centennial Commission not less
frequently than once every 6 months.
(3) Quorum.--Seven members of the Centennial Commission
shall constitute a quorum, but a lesser number may hold
hearings.
(4) Chair and vice chair.--The Centennial Commission shall
select a Chair and Vice Chair from among its members.
SEC. 704. DUTIES OF CENTENNIAL COMMISSION.
(a) In General.--The duties of the Centennial Commission are as
follows:
(1) To encourage, plan, develop, and execute programs,
projects, and activities to commemorate the centennial of the
passage and ratification of the Nineteenth Amendment.
(2) To encourage private organizations and State and local
governments to organize and participate in activities
commemorating the centennial of the passage and ratification of
the Nineteenth Amendment.
(3) To facilitate and coordinate activities throughout the
United States relating to the centennial of the passage and
ratification of the Nineteenth Amendment.
(4) To serve as a clearinghouse for the collection and
dissemination of information about events and plans for the
centennial of the passage and ratification of the Nineteenth
Amendment.
(5) To develop recommendations for Congress and the
President for commemorating the centennial of the passage and
ratification of the Nineteenth Amendment.
(b) Consultation.--In conducting its work, the Centennial
Commission shall consult the Historian of the Senate and the Historian
of the House of Representatives when appropriate.
(c) Reports.--
(1) Periodic report.--Not later than the last day of the 6-
month period beginning on the date of the enactment of this
Act, and not later than the last day of each 3-month period
thereafter, the Centennial Commission shall submit to Congress
and the President a report on the activities and plans of the
Centennial Commission.
(2) Recommendations.--Not later than 2 years after the date
of the enactment of this Act, the Centennial Commission shall
submit to Congress and the President a report containing
specific recommendations for commemorating the centennial of
the passage and ratification of the Nineteenth Amendment and
coordinating related activities.
SEC. 705. POWERS OF CENTENNIAL COMMISSION.
(a) Hearings.--The Centennial Commission may hold such hearings,
sit and act at such times and places, take such testimony, and receive
such evidence as the Centennial Commission considers appropriate to
carry out its duties under this title.
(b) Powers of Member and Agents.--If authorized by the Centennial
Commission, any member or agent of the Centennial Commission may take
any action which the Centennial Commission is authorized to take under
this title.
(c) Information From Federal Agencies.--The Centennial Commission
shall secure directly from any Federal department or agency such
information as the Centennial Commission considers necessary to carry
out the provisions of this title. Upon the request of the Chair of the
Centennial Commission, the head of such department or agency shall
furnish such information to the Centennial Commission.
(d) Administrative Support Services.--Upon the request of the
Centennial Commission, the Administrator of the General Services
Administration shall provide to the Centennial Commission, on a
reimbursable basis, the administrative support services necessary for
the Centennial Commission to carry out its responsibilities under this
title.
(e) Procurements and Contracts.--
(1) In general.--Except as provided in paragraph (2), the
Centennial Commission is authorized--
(A) to procure supplies, services, and property;
and
(B) to make or enter into contracts, leases, or
other legal agreements.
(2) Limitation.--The Centennial Commission may not enter
into any contract, lease, or other legal agreement that extends
beyond the date of the termination of the Centennial Commission
under section 7(a).
(f) Postal Services.--The Centennial Commission may use the United
States mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(g) Gifts, Bequests, and Devises.--The Centennial Commission may
solicit, accept, use, and dispose of gifts, bequests, or devises of
money, services, or property, both real and personal, for the purpose
of covering the costs incurred by the Centennial Commission to carry
out its duties under this title.
(h) Grants.--The Centennial Commission is authorized to award
grants to States and the District of Columbia to support programs and
activities related to commemorating the centennial of the passage and
ratification of the Nineteenth Amendment.
SEC. 706. CENTENNIAL COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Members of the Centennial Commission
shall serve without compensation for such service.
(b) Travel Expenses.--Each member of the Centennial Commission
shall be allowed travel expenses, including per diem in lieu of
subsistence, in accordance with the applicable provisions of title 5,
United States Code.
(c) Staff.--
(1) In general.--The Chair of the Centennial Commission
shall, in consultation with the members of the Centennial
Commission, appoint an executive director and such other
additional personnel as may be necessary to enable the
Centennial Commission to perform its duties.
(2) Compensation.--
(A) In general.--Subject to subparagraph (B), the
Chair of the Centennial Commission may fix the
compensation of the executive director and any other
personnel appointed under paragraph (1).
(B) Limitation.--The Chair of the Centennial
Commission may not fix the compensation of the
executive director or other personnel appointed under
paragraph (1) at a rate that exceeds the rate payable
for level IV of the Executive Schedule under section
5315 of title 5, United States Code.
(d) Detail of Government Employees.--Upon request of the Centennial
Commission, the head of any Federal department or agency may detail, on
a reimbursable basis, any employee of that department or agency to the
Centennial Commission to assist it in carrying out its duties under
this title.
(e) Procurement of Temporary and Intermittent Services.--The Chair
of the Centennial Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code.
(f) Acceptance of Voluntary Services.--Notwithstanding section 1342
of title 31, United States Code, the Centennial Commission may accept
and use voluntary and uncompensated services as the Centennial
Commission deems necessary.
SEC. 707. TERMINATION OF CENTENNIAL COMMISSION.
(a) In General.--The Centennial Commission shall terminate on the
earlier of--
(1) the date that is 30 days after the date the completion
of the activities under this title honoring the centennial
observation of the passage and ratification of the Nineteenth
Amendment; or
(2) April 15, 2021.
(b) Application of Federal Advisory Committee Act.--
(1) In general.--Except as provided in paragraph (2), the
provisions of the Federal Advisory Committee Act shall apply to
the activities of the Centennial Commission under this title.
(2) Exception.--Section 14(a)(2) of such Act shall not
apply to the Centennial Commission.
SEC. 708. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act such sums as may be necessary for the period of fiscal
years 2017 and 2021.
(b) Amounts Available.--Amounts appropriated in accordance with
this section for any fiscal year shall remain available until the
termination of the Centennial Commission.
This Act may be cited as the ``Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2017''.
Calendar No. 521
114th CONGRESS
2d Session
S. 3068
[Report No. 114-281]
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A BILL
Making appropriations for the Department of the Interior, environment,
and related agencies for the fiscal year ending September 30, 2017, and
for other purposes.
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June 16, 2016
Read twice and placed on the calendar