January 11, 2019 - Issue: Vol. 165, No. 6 — Daily Edition116th Congress (2019 - 2020) - 1st Session
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DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2019; Congressional Record Vol. 165, No. 6
(House of Representatives - January 11, 2019)
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[Pages H469-H498] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2019 Ms. McCOLLUM. Madam Speaker, pursuant to House Resolution 28, I call up the bill (H.R. 266) making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2019, and for other purposes, and ask for its immediate consideration. The Clerk read the title of the bill. The SPEAKER pro tempore. Pursuant to House Resolution 28, the bill is considered read. The text of the bill is as follows: H.R. 266 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2019, and for other purposes, namely: TITLE I DEPARTMENT OF THE INTERIOR Bureau of Land Management management of lands and resources For necessary expenses for protection, use, improvement, development, disposal, cadastral surveying, classification, acquisition of easements and other interests in lands, and performance of other functions, including maintenance of facilities, as authorized by law, in the management of lands and their resources under the jurisdiction of the Bureau of Land Management, including the general administration of the Bureau, and assessment of mineral potential of public lands pursuant to section 1010(a) of Public Law 96-487 (16 U.S.C. 3150(a)), $1,196,143,000, to remain available until expended, including all such amounts as are collected from permit processing fees, as authorized but made subject to future appropriation by section 35(d)(3)(A)(i) of the Mineral Leasing Act (30 U.S.C. 191), except that amounts from permit processing fees may be used for any bureau-related expenses associated with the processing of oil and gas applications for permits to drill and related use of authorizations: Provided, That of the amounts made available under this heading, $2,000,000 shall be made available to carry out the Colorado River Basin salinity control program. In addition, $39,696,000 is for Mining Law Administration program operations, including the cost of administering the mining claim fee program, to remain available until expended, to be reduced by amounts collected by the Bureau and credited to this appropriation from mining claim maintenance fees and location fees that are hereby authorized for fiscal year 2019, so as to result in a final appropriation estimated at not more than $1,196,143,000, and $2,000,000, to remain available until expended, from communication site rental fees established by the Bureau for the cost of administering communication site activities. land acquisition For expenses necessary to carry out sections 205, 206, and 318(d) of Public Law 94-579, including administrative expenses and acquisition of lands or waters, or interests therein, $26,016,000, to be derived from the Land and Water Conservation Fund and to remain available until expended. oregon and california grant lands For expenses necessary for management, protection, and development of resources and for construction, operation, and maintenance of access roads, reforestation, and other improvements on the revested Oregon and California Railroad grant lands, on other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of lands or interests therein, including existing connecting roads on or adjacent to such grant lands; $106,543,000, to remain available until expended: Provided, That 25 percent of the aggregate of all receipts during the current fiscal year from the revested Oregon and California Railroad grant lands is hereby made a charge against the Oregon and California land-grant fund and shall be transferred to the General Fund in the Treasury in accordance with the second paragraph of subsection (b) of title II of the Act of August 28, 1937 (43 U.S.C. 2605). range improvements For rehabilitation, protection, and acquisition of lands and interests therein, and improvement of Federal rangelands pursuant to section 401 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1751), notwithstanding any other Act, sums equal to 50 percent of all moneys received during the prior fiscal year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount designated for range improvements from grazing fees and mineral leasing receipts from Bankhead-Jones lands transferred to the Department of the Interior pursuant to law, but not less than $10,000,000, to remain available until expended: Provided, That not to exceed $600,000 shall be available for administrative expenses. service charges, deposits, and forfeitures For administrative expenses and other costs related to processing application documents and other authorizations for use and disposal of public lands and resources, for costs of providing copies of official public land documents, for monitoring construction, operation, and termination of facilities in conjunction with use authorizations, and for rehabilitation of damaged property, such amounts as may be collected under Public Law 94-579 (43 U.S.C. 1701 et seq.), and under section 28 of the Mineral Leasing Act (30 U.S.C. 185), to remain available until expended: Provided, That notwithstanding any provision to the contrary of section 305(a) of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys that have been or will be received pursuant to that section, whether as a result of forfeiture, compromise, or settlement, if not appropriate for refund pursuant to section 305(c) of that Act (43 U.S.C. 1735(c)), shall be available and may be expended under the authority of this Act by the Secretary to improve, protect, or rehabilitate any public lands administered through the Bureau of Land Management which have been damaged by the action of a resource developer, purchaser, permittee, or any unauthorized person, without regard to whether all moneys collected from each such action are used on the exact lands damaged which led to the action: Provided further, That any such moneys that are in excess of amounts needed to repair damage to the exact land for which funds were collected may be used to repair other damaged public lands. miscellaneous trust funds In addition to amounts authorized to be expended under existing laws, there is hereby [[Page H470]] appropriated such amounts as may be contributed under section 307 of Public Law 94-579 (43 U.S.C. 1737), and such amounts as may be advanced for administrative costs, surveys, appraisals, and costs of making conveyances of omitted lands under section 211(b) of that Act (43 U.S.C. 1721(b)), to remain available until expended. administrative provisions The Bureau of Land Management may carry out the operations funded under this Act by direct expenditure, contracts, grants, cooperative agreements and reimbursable agreements with public and private entities, including with States. Appropriations for the Bureau shall be available for purchase, erection, and dismantlement of temporary structures, and alteration and maintenance of necessary buildings and appurtenant facilities to which the United States has title; up to $100,000 for payments, at the discretion of the Secretary, for information or evidence concerning violations of laws administered by the Bureau; miscellaneous and emergency expenses of enforcement activities authorized or approved by the Secretary and to be accounted for solely on the Secretary's certificate, not to exceed $10,000: Provided, That notwithstanding Public Law 90-620 (44 U.S.C. 501), the Bureau may, under cooperative cost-sharing and partnership arrangements authorized by law, procure printing services from cooperators in connection with jointly produced publications for which the cooperators share the cost of printing either in cash or in services, and the Bureau determines the cooperator is capable of meeting accepted quality standards: Provided further, That projects to be funded pursuant to a written commitment by a State government to provide an identified amount of money in support of the project may be carried out by the Bureau on a reimbursable basis. Appropriations herein made shall not be available for the destruction of healthy, unadopted, wild horses and burros in the care of the Bureau or its contractors or for the sale of wild horses and burros that results in their destruction for processing into commercial products. United States Fish and Wildlife Service resource management For necessary expenses of the United States Fish and Wildlife Service, as authorized by law, and for scientific and economic studies, general administration, and for the performance of other authorized functions related to such resources, $1,292,067,000, to remain available until September 30, 2020: Provided, That not to exceed $17,818,000 shall be used for implementing subsections (a), (b), (c), and (e) of section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) (except for processing petitions, developing and issuing proposed and final regulations, and taking any other steps to implement actions described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)). construction For construction, improvement, acquisition, or removal of buildings and other facilities required in the conservation, management, investigation, protection, and utilization of fish and wildlife resources, and the acquisition of lands and interests therein; $50,413,000, to remain available until expended. land acquisition For expenses necessary to carry out chapter 2003 of title 54, United States Code, including administrative expenses, and for acquisition of land or waters, or interest therein, in accordance with statutory authority applicable to the United States Fish and Wildlife Service, $45,189,000, to be derived from the Land and Water Conservation Fund and to remain available until expended: Provided, That none of the funds appropriated for specific land acquisition projects may be used to pay for any administrative overhead, planning or other management costs. cooperative endangered species conservation fund For expenses necessary to carry out section 6 of the Endangered Species Act of 1973 (16 U.S.C. 1535), $49,495,000, to remain available until expended, of which $18,695,000 is to be derived from the Cooperative Endangered Species Conservation Fund; and of which $30,800,000 is to be derived from the Land and Water Conservation Fund. national wildlife refuge fund For expenses necessary to implement the Act of October 17, 1978 (16 U.S.C. 715s), $13,228,000. north american wetlands conservation fund For expenses necessary to carry out the provisions of the North American Wetlands Conservation Act (16 U.S.C. 4401 et seq.), $43,000,000, to remain available until expended. neotropical migratory bird conservation For expenses necessary to carry out the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6101 et seq.), $3,910,000, to remain available until expended. multinational species conservation fund For expenses necessary to carry out the African Elephant Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great Ape Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $12,061,000, to remain available until expended. state and tribal wildlife grants For wildlife conservation grants to States and to the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, the Northern Mariana Islands, American Samoa, and Indian tribes under the provisions of the Fish and Wildlife Act of 1956 and the Fish and Wildlife Coordination Act, for the development and implementation of programs for the benefit of wildlife and their habitat, including species that are not hunted or fished, $65,571,000, to remain available until expended: Provided, That of the amount provided herein, $4,209,000 is for a competitive grant program for Indian tribes not subject to the remaining provisions of this appropriation: Provided further, That $6,362,000 is for a competitive grant program to implement approved plans for States, territories, and other jurisdictions and at the discretion of affected States, the regional Associations of fish and wildlife agencies, not subject to the remaining provisions of this appropriation: Provided further, That the Secretary shall, after deducting $10,571,000 and administrative expenses, apportion the amount provided herein in the following manner: (1) to the District of Columbia and to the Commonwealth of Puerto Rico, each a sum equal to not more than one-half of 1 percent thereof; and (2) to Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, each a sum equal to not more than one-fourth of 1 percent thereof: Provided further, That the Secretary shall apportion the remaining amount in the following manner: (1) one-third of which is based on the ratio to which the land area of such State bears to the total land area of all such States; and (2) two-thirds of which is based on the ratio to which the population of such State bears to the total population of all such States: Provided further, That the amounts apportioned under this paragraph shall be adjusted equitably so that no State shall be apportioned a sum which is less than 1 percent of the amount available for apportionment under this paragraph for any fiscal year or more than 5 percent of such amount: Provided further, That the Federal share of planning grants shall not exceed 75 percent of the total costs of such projects and the Federal share of implementation grants shall not exceed 65 percent of the total costs of such projects: Provided further, That the non-Federal share of such projects may not be derived from Federal grant programs: Provided further, That any amount apportioned in 2019 to any State, territory, or other jurisdiction that remains unobligated as of September 30, 2020, shall be reapportioned, together with funds appropriated in 2021, in the manner provided herein. administrative provisions The United States Fish and Wildlife Service may carry out the operations of Service programs by direct expenditure, contracts, grants, cooperative agreements and reimbursable agreements with public and private entities. Appropriations and funds available to the United States Fish and Wildlife Service shall be available for repair of damage to public roads within and adjacent to reservation areas caused by operations of the Service; options for the purchase of land at not to exceed $1 for each option; facilities incident to such public recreational uses on conservation areas as are consistent with their primary purpose; and the maintenance and improvement of aquaria, buildings, and other facilities under the jurisdiction of the Service and to which the United States has title, and which are used pursuant to law in connection with management, and investigation of fish and wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the Service may, under cooperative cost sharing and partnership arrangements authorized by law, procure printing services from cooperators in connection with jointly produced publications for which the cooperators share at least one- half the cost of printing either in cash or services and the Service determines the cooperator is capable of meeting accepted quality standards: Provided further, That the Service may accept donated aircraft as replacements for existing aircraft: Provided further, That notwithstanding 31 U.S.C. 3302, all fees collected for non-toxic shot review and approval shall be deposited under the heading ``United States Fish and Wildlife Service--Resource Management'' and shall be available to the Secretary, without further appropriation, to be used for expenses of processing of such non-toxic shot type or coating applications and revising regulations as necessary, and shall remain available until expended. National Park Service operation of the national park system For expenses necessary for the management, operation, and maintenance of areas and facilities administered by the National Park Service and for the general administration of the National Park Service, $2,500,369,000, of which $10,032,000 for planning and interagency coordination in support of Everglades restoration and $141,961,000 for maintenance, repair, or rehabilitation projects for constructed assets and $149,075,000 for cyclic maintenance projects for constructed assets shall remain available until September 30, 2020: Provided, That funds appropriated under this heading in this Act are available for the purposes of section 5 of Public Law 95-348: Provided further, That notwithstanding section 9(a) of the United [[Page H471]] States Semiquincentennial Commission Act of 2016 (Public Law 114-196; 130 Stat. 691), $500,000 of the funds made available under this heading shall be provided to the organization selected under section 9(b) of that Act for expenditure by the United States Semiquincentennial Commission in accordance with that Act. national recreation and preservation For expenses necessary to carry out recreation programs, natural programs, cultural programs, heritage partnership programs, environmental compliance and review, international park affairs, and grant administration, not otherwise provided for, $64,138,000. historic preservation fund For expenses necessary in carrying out the National Historic Preservation Act (division A of subtitle III of title 54, United States Code), $91,910,000, to be derived from the Historic Preservation Fund and to remain available until September 30, 2020: Provided , That of the funds provided for the Historic Preservation Fund, $500,000 is for competitive grants for the survey and nomination of properties to the National Register of Historic Places and as National Historic Landmarks associated with communities currently under-represented, as determined by the Secretary, $13,000,000 is for competitive grants to preserve the sites and stories of the Civil Rights movement, $8,000,000 is for grants to Historically Black Colleges and Universities, and $5,000,000 is for competitive grants for the restoration of historic properties of national, State and local significance listed on or eligible for inclusion on the National Register of Historic Places, to be made without imposing the usage or direct grant restrictions of section 101(e)(3) (54 U.S.C. 302904) of the National Historical Preservation Act: Provided further, That such competitive grants shall be made without imposing the matching requirements in section 302902(b)(3) of title 54, United States Code, to States and Indian tribes as defined in chapter 3003 of such title, Native Hawaiian organizations, local governments, including Certified Local Governments, and non-profit organizations. construction For construction, improvements, repair, or replacement of physical facilities, and compliance and planning for programs and areas administered by the National Park Service, $364,704,000, to remain available until expended: Provided, That notwithstanding any other provision of law, for any project initially funded in fiscal year 2019 with a future phase indicated in the National Park Service 5-Year Line Item Construction Plan, a single procurement may be issued which includes the full scope of the project: Provided further, That the solicitation and contract shall contain the clause availability of funds found at 48 CFR 52.232-18: Provided further, That National Park Service Donations, Park Concessions Franchise Fees, and Recreation Fees may be made available for the cost of adjustments and changes within the original scope of effort for projects funded by the National Park Service Construction appropriation: Provided further, That the Secretary of the Interior shall consult with the Committees on Appropriations, in accordance with current reprogramming thresholds, prior to making any charges authorized by this section. land acquisition and state assistance For expenses necessary to carry out chapter 2003 of title 54, United States Code, including administrative expenses, and for acquisition of lands or waters, or interest therein, in accordance with the statutory authority applicable to the National Park Service, $174,444,000, to be derived from the Land and Water Conservation Fund and to remain available until expended, of which $124,006,000 is for the State assistance program and of which $15,000,000 shall be for the American Battlefield Protection Program grants as authorized by chapter 3081 of title 54, United States Code. centennial challenge For expenses necessary to carry out the provisions of section 101701 of title 54, United States Code, relating to challenge cost share agreements, $23,000,000, to remain available until expended, for Centennial Challenge projects and programs: Provided, That not less than 50 percent of the total cost of each project or program shall be derived from non-Federal sources in the form of donated cash, assets, or a pledge of donation guaranteed by an irrevocable letter of credit. administrative provisions (including transfer of funds) In addition to other uses set forth in section 101917(c)(2) of title 54, United States Code, franchise fees credited to a sub-account shall be available for expenditure by the Secretary, without further appropriation, for use at any unit within the National Park System to extinguish or reduce liability for Possessory Interest or leasehold surrender interest. Such funds may only be used for this purpose to the extent that the benefitting unit anticipated franchise fee receipts over the term of the contract at that unit exceed the amount of funds used to extinguish or reduce liability. Franchise fees at the benefitting unit shall be credited to the sub-account of the originating unit over a period not to exceed the term of a single contract at the benefitting unit, in the amount of funds so expended to extinguish or reduce liability. For the costs of administration of the Land and Water Conservation Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006 (Public Law 109-432), the National Park Service may retain up to 3 percent of the amounts which are authorized to be disbursed under such section, such retained amounts to remain available until expended. National Park Service funds may be transferred to the Federal Highway Administration (FHWA), Department of Transportation, for purposes authorized under 23 U.S.C. 204. Transfers may include a reasonable amount for FHWA administrative support costs. United States Geological Survey surveys, investigations, and research For expenses necessary for the United States Geological Survey to perform surveys, investigations, and research covering topography, geology, hydrology, biology, and the mineral and water resources of the United States, its territories and possessions, and other areas as authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their mineral and water resources; give engineering supervision to power permittees and Federal Energy Regulatory Commission licensees; administer the minerals exploration program (30 U.S.C. 641); conduct inquiries into the economic conditions affecting mining and materials processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes as authorized by law; and to publish and disseminate data relative to the foregoing activities; $1,148,457,000, to remain available until September 30, 2020; of which $100,000 shall be made available to the United States Geological Survey Mineral Resources Program for the development of a map depicting pyrrhotite occurrences throughout the United States; of which $84,337,000 shall remain available until expended for satellite operations; and of which $15,164,000 shall be available until expended for deferred maintenance and capital improvement projects that exceed $100,000 in cost: Provided, That none of the funds provided for the ecosystem research activity shall be used to conduct new surveys on private property, unless specifically authorized in writing by the property owner: Provided further, That no part of this appropriation shall be used to pay more than one-half the cost of topographic mapping or water resources data collection and investigations carried on in cooperation with States and municipalities: Provided further, That of the amounts made available under this heading, not less than $200,000 shall be used for activities to better understand mechanisms that result in toxins being present in harmful algal blooms. administrative provisions From within the amount appropriated for activities of the United States Geological Survey such sums as are necessary shall be available for contracting for the furnishing of topographic maps and for the making of geophysical or other specialized surveys when it is administratively determined that such procedures are in the public interest; construction and maintenance of necessary buildings and appurtenant facilities; acquisition of lands for gauging stations, observation wells, and seismic equipment; expenses of the United States National Committee for Geological Sciences; and payment of compensation and expenses of persons employed by the Survey duly appointed to represent the United States in the negotiation and administration of interstate compacts: Provided, That activities funded by appropriations herein made may be accomplished through the use of contracts, grants, or cooperative agreements as defined in section 6302 of title 31, United States Code: Provided further, That the United States Geological Survey may enter into contracts or cooperative agreements directly with individuals or indirectly with institutions or nonprofit organizations, without regard to 41 U.S.C. 6101, for the temporary or intermittent services of students or recent graduates, who shall be considered employees for the purpose of chapters 57 and 81 of title 5, United States Code, relating to compensation for travel and work injuries, and chapter 171 of title 28, United States Code, relating to tort claims, but shall not be considered to be Federal employees for any other purposes. Bureau of Ocean Energy Management ocean energy management For expenses necessary for granting and administering leases, easements, rights-of-way and agreements for use for oil and gas, other minerals, energy, and marine-related purposes on the Outer Continental Shelf and approving operations related thereto, as authorized by law; for environmental studies, as authorized by law; for implementing other laws and to the extent provided by Presidential or Secretarial delegation; and for matching grants or cooperative agreements, $179,266,000, of which $129,450,000 is to remain available until September 30, 2020, and of which $49,816,000 is to remain available until expended: Provided, That this total appropriation shall be reduced by amounts collected by the Secretary and credited to this appropriation from additions to receipts resulting from increases to lease rental rates in effect on August 5, 1993, and from cost recovery fees from activities conducted by the Bureau of Ocean Energy Management pursuant to the Outer Continental Shelf Lands Act, including studies, assessments, analysis, and miscellaneous administrative activities: Provided further, That the sum herein appropriated shall be reduced as such collections are received during the fiscal year, so as to result in a final fiscal year 2019 appropriation estimated at not more than [[Page H472]] $129,450,000: Provided further, That not to exceed $3,000 shall be available for reasonable expenses related to promoting volunteer beach and marine cleanup activities. Bureau of Safety and Environmental Enforcement offshore safety and environmental enforcement For expenses necessary for the regulation of operations related to leases, easements, rights-of-way and agreements for use for oil and gas, other minerals, energy, and marine- related purposes on the Outer Continental Shelf, as authorized by law; for enforcing and implementing laws and regulations as authorized by law and to the extent provided by Presidential or Secretarial delegation; and for matching grants or cooperative agreements, $145,475,000, of which $121,351,000 is to remain available until September 30, 2020, and of which $24,124,000 is to remain available until expended: Provided, That this total appropriation shall be reduced by amounts collected by the Secretary and credited to this appropriation from additions to receipts resulting from increases to lease rental rates in effect on August 5, 1993, and from cost recovery fees from activities conducted by the Bureau of Safety and Environmental Enforcement pursuant to the Outer Continental Shelf Lands Act, including studies, assessments, analysis, and miscellaneous administrative activities: Provided further, That the sum herein appropriated shall be reduced as such collections are received during the fiscal year, so as to result in a final fiscal year 2019 appropriation estimated at not more than $121,351,000. For an additional amount, $41,765,000, to remain available until expended, to be reduced by amounts collected by the Secretary and credited to this appropriation, which shall be derived from non-refundable inspection fees collected in fiscal year 2019, as provided in this Act: Provided, That to the extent that amounts realized from such inspection fees exceed $41,765,000, the amounts realized in excess of $41,765,000 shall be credited to this appropriation and remain available until expended: Provided further, That for fiscal year 2019, not less than 50 percent of the inspection fees expended by the Bureau of Safety and Environmental Enforcement will be used to fund personnel and mission- related costs to expand capacity and expedite the orderly development, subject to environmental safeguards, of the Outer Continental Shelf pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), including the review of applications for permits to drill. oil spill research For necessary expenses to carry out title I, section 1016, title IV, sections 4202 and 4303, title VII, and title VIII, section 8201 of the Oil Pollution Act of 1990, $12,700,000, which shall be derived from the Oil Spill Liability Trust Fund, to remain available until expended. Office of Surface Mining Reclamation and Enforcement regulation and technology For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law 95-87, $114,900,000, to remain available until September 30, 2020: Provided, That appropriations for the Office of Surface Mining Reclamation and Enforcement may provide for the travel and per diem expenses of State and tribal personnel attending Office of Surface Mining Reclamation and Enforcement sponsored training. In addition, for costs to review, administer, and enforce permits issued by the Office pursuant to section 507 of Public Law 95-87 (30 U.S.C. 1257), $40,000, to remain available until expended: Provided, That fees assessed and collected by the Office pursuant to such section 507 shall be credited to this account as discretionary offsetting collections, to remain available until expended: Provided further, That the sum herein appropriated from the general fund shall be reduced as collections are received during the fiscal year, so as to result in a fiscal year 2019 appropriation estimated at not more than $114,900,000. abandoned mine reclamation fund For necessary expenses to carry out title IV of the Surface Mining Control and Reclamation Act of 1977, Public Law 95-87, $22,952,000, to be derived from receipts of the Abandoned Mine Reclamation Fund and to remain available until expended: Provided, That pursuant to Public Law 97-365, the Department of the Interior is authorized to use up to 20 percent from the recovery of the delinquent debt owed to the United States Government to pay for contracts to collect these debts: Provided further, That funds made available under title IV of Public Law 95-87 may be used for any required non-Federal share of the cost of projects funded by the Federal Government for the purpose of environmental restoration related to treatment or abatement of acid mine drainage from abandoned mines: Provided further, That such projects must be consistent with the purposes and priorities of the Surface Mining Control and Reclamation Act: Provided further, That amounts provided under this heading may be used for the travel and per diem expenses of State and tribal personnel attending Office of Surface Mining Reclamation and Enforcement sponsored training. In addition, $115,000,000, to remain available until expended, for grants to States and federally recognized Indian Tribes for reclamation of abandoned mine lands and other related activities in accordance with the terms and conditions in Senate report 115-276: Provided, That such additional amount shall be used for economic and community development in conjunction with the priorities in section 403(a) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(a)): Provided further, That of such additional amount, $75,000,000 shall be distributed in equal amounts to the 3 Appalachian States with the greatest amount of unfunded needs to meet the priorities described in paragraphs (1) and (2) of such section, $30,000,000 shall be distributed in equal amounts to the 3 Appalachian States with the subsequent greatest amount of unfunded needs to meet such priorities, and $10,000,000 shall be for grants to federally recognized Indian Tribes without regard to their status as certified or uncertified under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(a)), for reclamation of abandoned mine lands and other related activities in accordance with the terms and conditions in Senate report 115-276 and shall be used for economic and community development in conjunction with the priorities in section 403(a) of the Surface Mining Control and Reclamation Act of 1977: Provided further, That such additional amount shall be allocated to States and Indian Tribes within 60 days after the date of enactment of this Act. Bureau of Indian Affairs and Bureau of Indian Education operation of indian programs (including transfer of funds) For expenses necessary for the operation of Indian programs, as authorized by law, including the Snyder Act of November 2, 1921 (25 U.S.C. 13), the Indian Self- Determination and Education Assistance Act of 1975 (25 U.S.C. 5301 et seq.), the Education Amendments of 1978 (25 U.S.C. 2001-2019), and the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.), $2,403,890,000, to remain available until September 30, 2020, except as otherwise provided herein; of which not to exceed $8,500 may be for official reception and representation expenses; of which not to exceed $76,000,000 shall be for welfare assistance payments: Provided, That in cases of designated Federal disasters, the Secretary may exceed such cap, from the amounts provided herein, to provide for disaster relief to Indian communities affected by the disaster: Provided further, That federally recognized Indian tribes and tribal organizations of federally recognized Indian tribes may use their tribal priority allocations for unmet welfare assistance costs: Provided further, That not to exceed $680,673,000 for school operations costs of Bureau-funded schools and other education programs shall become available on July 1, 2019, and shall remain available until September 30, 2020: Provided further, That not to exceed $54,174,000 shall remain available until expended for housing improvement, road maintenance, attorney fees, litigation support, land records improvement, and the Navajo-Hopi Settlement Program: Provided further, That notwithstanding any other provision of law, including but not limited to the Indian Self-Determination Act of 1975 (25 U.S.C. 5301 et seq.) and section 1128 of the Education Amendments of 1978 (25 U.S.C. 2008), not to exceed $81,036,000 within and only from such amounts made available for school operations shall be available for administrative cost grants associated with grants approved prior to July 1, 2019: Provided further, That any forestry funds allocated to a federally recognized tribe which remain unobligated as of September 30, 2020, may be transferred during fiscal year 2021 to an Indian forest land assistance account established for the benefit of the holder of the funds within the holder's trust fund account: Provided further, That any such unobligated balances not so transferred shall expire on September 30, 2021: Provided further, That in order to enhance the safety of Bureau field employees, the Bureau may use funds to purchase uniforms or other identifying articles of clothing for personnel. contract support costs For payments to tribes and tribal organizations for contract support costs associated with Indian Self- Determination and Education Assistance Act agreements with the Bureau of Indian Affairs for fiscal year 2019, such sums as may be necessary, which shall be available for obligation through September 30, 2020: Provided, That notwithstanding any other provision of law, no amounts made available under this heading shall be available for transfer to another budget account. construction (including transfer of funds) For construction, repair, improvement, and maintenance of irrigation and power systems, buildings, utilities, and other facilities, including architectural and engineering services by contract; acquisition of lands, and interests in lands; and preparation of lands for farming, and for construction of the Navajo Indian Irrigation Project pursuant to Public Law 87-483; $359,419,000, to remain available until expended: Provided, That such amounts as may be available for the construction of the Navajo Indian Irrigation Project may be transferred to the Bureau of Reclamation: Provided further, That not to exceed 6 percent of contract authority available to the Bureau of Indian Affairs from the Federal Highway Trust Fund may be used to cover the road program management costs of the Bureau: Provided further, [[Page H473]] That any funds provided for the Safety of Dams program pursuant to the Act of November 2, 1921 (25 U.S.C. 13), shall be made available on a nonreimbursable basis: Provided further, That for fiscal year 2019, in implementing new construction, replacement facilities construction, or facilities improvement and repair project grants in excess of $100,000 that are provided to grant schools under Public Law 100-297, the Secretary of the Interior shall use the Administrative and Audit Requirements and Cost Principles for Assistance Programs contained in part 12 of title 43, Code of Federal Regulations, as the regulatory requirements: Provided further, That such grants shall not be subject to section 12.61 of title 43, Code of Federal Regulations; the Secretary and the grantee shall negotiate and determine a schedule of payments for the work to be performed: Provided further, That in considering grant applications, the Secretary shall consider whether such grantee would be deficient in assuring that the construction projects conform to applicable building standards and codes and Federal, tribal, or State health and safety standards as required by section 1125(b) of title XI of Public Law 95-561 (25 U.S.C. 2005(b)), with respect to organizational and financial management capabilities: Provided further, That if the Secretary declines a grant application, the Secretary shall follow the requirements contained in section 5206(f) of Public Law 100-297 (25 U.S.C. 2504(f)): Provided further, That any disputes between the Secretary and any grantee concerning a grant shall be subject to the disputes provision in section 5208(e) of Public Law 107-110 (25 U.S.C. 2507(e)): Provided further, That in order to ensure timely completion of construction projects, the Secretary may assume control of a project and all funds related to the project, if, within 18 months of the date of enactment of this Act, any grantee receiving funds appropriated in this Act or in any prior Act, has not completed the planning and design phase of the project and commenced construction: Provided further, That this appropriation may be reimbursed from the Office of the Special Trustee for American Indians appropriation for the appropriate share of construction costs for space expansion needed in agency offices to meet trust reform implementation: Provided further, That of the funds made available under this heading, $10,000,000 shall be derived from the Indian Irrigation Fund established by section 3211 of the WIIN Act (Public Law 114-322; 130 Stat. 1749). indian land and water claim settlements and miscellaneous payments to indians For payments and necessary administrative expenses for implementation of Indian land and water claim settlements pursuant to Public Laws 99-264, 100-580, 101-618, 111-11, 111-291, and 114-322, and for implementation of other land and water rights settlements, $55,457,000, to remain available until expended: Provided, That the Secretary shall make payments in such amounts as necessary to satisfy the total authorized amount for the Navajo Nation Water Rights Trust Fund. indian guaranteed loan program account For the cost of guaranteed loans and insured loans, $9,279,000, of which $1,252,000 is for administrative expenses, as authorized by the Indian Financing Act of 1974: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed or insured, not to exceed $123,565,389. administrative provisions The Bureau of Indian Affairs may carry out the operation of Indian programs by direct expenditure, contracts, cooperative agreements, compacts, and grants, either directly or in cooperation with States and other organizations. Notwithstanding Public Law 87-279 (25 U.S.C. 15), the Bureau of Indian Affairs may contract for services in support of the management, operation, and maintenance of the Power Division of the San Carlos Irrigation Project. Notwithstanding any other provision of law, no funds available to the Bureau of Indian Affairs for central office oversight and Executive Direction and Administrative Services (except executive direction and administrative services funding for Tribal Priority Allocations, regional offices, and facilities operations and maintenance) shall be available for contracts, grants, compacts, or cooperative agreements with the Bureau of Indian Affairs under the provisions of the Indian Self-Determination Act or the Tribal Self-Governance Act of 1994 (Public Law 103-413). In the event any tribe returns appropriations made available by this Act to the Bureau of Indian Affairs, this action shall not diminish the Federal Government's trust responsibility to that tribe, or the government-to-government relationship between the United States and that tribe, or that tribe's ability to access future appropriations. Notwithstanding any other provision of law, no funds available to the Bureau of Indian Education, other than the amounts provided herein for assistance to public schools under 25 U.S.C. 452 et seq., shall be available to support the operation of any elementary or secondary school in the State of Alaska. No funds available to the Bureau of Indian Education shall be used to support expanded grades for any school or dormitory beyond the grade structure in place or approved by the Secretary of the Interior at each school in the Bureau of Indian Education school system as of October 1, 1995, except that the Secretary of the Interior may waive this prohibition to support expansion of up to one additional grade when the Secretary determines such waiver is needed to support accomplishment of the mission of the Bureau of Indian Education, or more than one grade to expand the elementary grade structure for Bureau-funded schools with a K-2 grade structure on October 1, 1996. Appropriations made available in this or any prior Act for schools funded by the Bureau shall be available, in accordance with the Bureau's funding formula, only to the schools in the Bureau school system as of September 1, 1996, and to any school or school program that was reinstated in fiscal year 2012. Funds made available under this Act may not be used to establish a charter school at a Bureau-funded school (as that term is defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021)), except that a charter school that is in existence on the date of the enactment of this Act and that has operated at a Bureau-funded school before September 1, 1999, may continue to operate during that period, but only if the charter school pays to the Bureau a pro rata share of funds to reimburse the Bureau for the use of the real and personal property (including buses and vans), the funds of the charter school are kept separate and apart from Bureau funds, and the Bureau does not assume any obligation for charter school programs of the State in which the school is located if the charter school loses such funding. Employees of Bureau-funded schools sharing a campus with a charter school and performing functions related to the charter school's operation and employees of a charter school shall not be treated as Federal employees for purposes of chapter 171 of title 28, United States Code. Notwithstanding any other provision of law, including section 113 of title I of appendix C of Public Law 106-113, if in fiscal year 2003 or 2004 a grantee received indirect and administrative costs pursuant to a distribution formula based on section 5(f) of Public Law 101-301, the Secretary shall continue to distribute indirect and administrative cost funds to such grantee using the section 5(f) distribution formula. Funds available under this Act may not be used to establish satellite locations of schools in the Bureau school system as of September 1, 1996, except that the Secretary may waive this prohibition in order for an Indian tribe to provide language and cultural immersion educational programs for non- public schools located within the jurisdictional area of the tribal government which exclusively serve tribal members, do not include grades beyond those currently served at the existing Bureau-funded school, provide an educational environment with educator presence and academic facilities comparable to the Bureau-funded school, comply with all applicable Tribal, Federal, or State health and safety standards, and the Americans with Disabilities Act, and demonstrate the benefits of establishing operations at a satellite location in lieu of incurring extraordinary costs, such as for transportation or other impacts to students such as those caused by busing students extended distances: Provided, That no funds available under this Act may be used to fund operations, maintenance, rehabilitation, construction or other facilities-related costs for such assets that are not owned by the Bureau: Provided further, That the term ``satellite school'' means a school location physically separated from the existing Bureau school by more than 50 miles but that forms part of the existing school in all other respects. Departmental Offices Office of the Secretary departmental operations (including transfer of funds) For necessary expenses for management of the Department of the Interior and for grants and cooperative agreements, as authorized by law, $131,673,000, to remain available until September 30, 2020; of which not to exceed $15,000 may be for official reception and representation expenses; and of which up to $1,000,000 shall be available for workers compensation payments and unemployment compensation payments associated with the orderly closure of the United States Bureau of Mines; and of which $9,000,000 for the Office of Valuation Services is to be derived from the Land and Water Conservation Fund and shall remain available until expended; and of which $9,704,000 for Indian land, mineral, and resource valuation activities shall remain available until expended: Provided, That funds for Indian land, mineral, and resource valuation activities may, as needed, be transferred to and merged with the Bureau of Indian Affairs and Bureau of Indian Education ``Operation of Indian Programs'' account and the Office of the Special Trustee for American Indians ``Federal Trust Programs'' account: Provided further, That funds made available through contracts or grants obligated during fiscal year 2019, as authorized by the Indian Self- Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall remain available until expended by the contractor or grantee: Provided further, That within available amounts provided under this heading, the Secretary of the Interior shall designate the rest area bound by Alexandria Avenue, West Boulevard Drive, and the George Washington Memorial Parkway on the Mount Vernon Trail within the George Washington [[Page H474]] Memorial Parkway as the ``Peter B. Webster III Memorial Area'' and any reference in a law, map regulation, document, paper, or other record of the United States to the rest area shall be deemed to be a reference to the ``Peter B. Webster III Memorial Area''; Provided further, That the Secretary of the Interior shall accept and expend private contributions for the design, procurement, preparation, and installation of a plaque honoring Peter B. Webster III on the condition that the Director of the National Park Service shall approve the design and placement of the plaque: Provided further, That of the amounts made available under this heading, $400,000 shall be made available to the commission established by section 3(a) of the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act (Public Law 114-244; 130 Stat. 981). administrative provisions For fiscal year 2019, up to $400,000 of the payments authorized by chapter 69 of title 31, United States Code, may be retained for administrative expenses of the Payments in Lieu of Taxes Program: Provided, That the amounts provided under this Act specifically for the Payments in Lieu of Taxes program are the only amounts available for payments authorized under chapter 69 of title 31, United States Code: Provided further, That in the event the sums appropriated for any fiscal year for payments pursuant to this chapter are insufficient to make the full payments authorized by that chapter to all units of local government, then the payment to each local government shall be made proportionally: Provided further, That the Secretary may make adjustments to payment to individual units of local government to correct for prior overpayments or underpayments: Provided further, That no payment shall be made pursuant to that chapter to otherwise eligible units of local government if the computed amount of the payment is less than $100. Insular Affairs assistance to territories For expenses necessary for assistance to territories under the jurisdiction of the Department of the Interior and other jurisdictions identified in section 104(e) of Public Law 108- 188, $100,688,000, of which: (1) $91,240,000 shall remain available until expended for territorial assistance, including general technical assistance, maintenance assistance, disaster assistance, coral reef initiative activities, and brown tree snake control and research; grants to the judiciary in American Samoa for compensation and expenses, as authorized by law (48 U.S.C. 1661(c)); grants to the Government of American Samoa, in addition to current local revenues, for construction and support of governmental functions; grants to the Government of the Virgin Islands, as authorized by law; grants to the Government of Guam, as authorized by law; and grants to the Government of the Northern Mariana Islands , as authorized by law (Public Law 94-241; 90 Stat. 272); and (2) $9,448,000 shall be available until September 30, 2020, for salaries and expenses of the Office of Insular Affairs: Provided, That all financial transactions of the territorial and local governments herein provided for, including such transactions of all agencies or instrumentalities established or used by such governments, may be audited by the Government Accountability Office, at its discretion, in accordance with chapter 35 of title 31, United States Code: Provided further, That Northern Mariana Islands Covenant grant funding shall be provided according to those terms of the Agreement of the Special Representatives on Future United States Financial Assistance for the Northern Mariana Islands approved by Public Law 104-134: Provided further, That the funds for the program of operations and maintenance improvement are appropriated to institutionalize routine operations and maintenance improvement of capital infrastructure with territorial participation and cost sharing to be determined by the Secretary based on the grantee's commitment to timely maintenance of its capital assets: Provided further, That any appropriation for disaster assistance under this heading in this Act or previous appropriations Acts may be used as non-Federal matching funds for the purpose of hazard mitigation grants provided pursuant to section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c). compact of free association For grants and necessary expenses, $3,563,000, to remain available until expended, as provided for in sections 221(a)(2) and 233 of the Compact of Free Association for the Republic of Palau; and section 221(a)(2) of the Compacts of Free Association for the Government of the Republic of the Marshall Islands and the Federated States of Micronesia, as authorized by Public Law 99-658 and Public Law 108-188. Administrative Provisions (including transfer of funds) At the request of the Governor of Guam, the Secretary may transfer discretionary funds or mandatory funds provided under section 104(e) of Public Law 108-188 and Public Law 104-134, that are allocated for Guam, to the Secretary of Agriculture for the subsidy cost of direct or guaranteed loans, plus not to exceed three percent of the amount of the subsidy transferred for the cost of loan administration, for the purposes authorized by the Rural Electrification Act of 1936 and section 306(a)(1) of the Consolidated Farm and Rural Development Act for construction and repair projects in Guam, and such funds shall remain available until expended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That such loans or loan guarantees may be made without regard to the population of the area, credit elsewhere requirements, and restrictions on the types of eligible entities under the Rural Electrification Act of 1936 and section 306(a)(1) of the Consolidated Farm and Rural Development Act: Provided further, That any funds transferred to the Secretary of Agriculture shall be in addition to funds otherwise made available to make or guarantee loans under such authorities. Office of the Solicitor salaries and expenses For necessary expenses of the Office of the Solicitor, $65,674,000. Office of Inspector General salaries and expenses For necessary expenses of the Office of Inspector General, $52,486,000. Office of the Special Trustee for American Indians federal trust programs (including transfer of funds) For the operation of trust programs for Indians by direct expenditure, contracts, cooperative agreements, compacts, and grants, $112,380,000, to remain available until expended, of which not to exceed $19,016,000 from this or any other Act, may be available for historical accounting: Provided, That funds for trust management improvements and litigation support may, as needed, be transferred to or merged with the Bureau of Indian Affairs and Bureau of Indian Education, ``Operation of Indian Programs'' account; the Office of the Solicitor, ``Salaries and Expenses'' account; and the Office of the Secretary, ``Departmental Operations'' account: Provided further, That funds made available through contracts or grants obligated during fiscal year 2019, as authorized by the Indian Self-Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall remain available until expended by the contractor or grantee: Provided further, That notwithstanding any other provision of law, the Secretary shall not be required to provide a quarterly statement of performance for any Indian trust account that has not had activity for at least 15 months and has a balance of $15 or less: Provided further, That the Secretary shall issue an annual account statement and maintain a record of any such accounts and shall permit the balance in each such account to be withdrawn upon the express written request of the account holder: Provided further, That not to exceed $50,000 is available for the Secretary to make payments to correct administrative errors of either disbursements from or deposits to Individual Indian Money or Tribal accounts after September 30, 2002: Provided further, That erroneous payments that are recovered shall be credited to and remain available in this account for this purpose: Provided further, That the Secretary shall not be required to reconcile Special Deposit Accounts with a balance of less than $500 unless the Office of the Special Trustee receives proof of ownership from a Special Deposit Accounts claimant: Provided further, That notwithstanding section 102 of the American Indian Trust Fund Management Reform Act of 1994 (Public Law 103-412) or any other provision of law, the Secretary may aggregate the trust accounts of individuals whose whereabouts are unknown for a continuous period of at least five years and shall not be required to generate periodic statements of performance for the individual accounts: Provided further, That with respect to the eighth proviso, the Secretary shall continue to maintain sufficient records to determine the balance of the individual accounts, including any accrued interest and income, and such funds shall remain available to the individual account holders. Department-wide Programs wildland fire management (including transfers of funds) For necessary expenses for fire preparedness, fire suppression operations, fire science and research, emergency rehabilitation, fuels management activities, and rural fire assistance by the Department of the Interior, $1,116,076,000, to remain available until expended, of which not to exceed $18,427,000 shall be for the renovation or construction of fire facilities: Provided, That such funds are also available for repayment of advances to other appropriation accounts from which funds were previously transferred for such purposes: Provided further, That of the funds provided $188,000,000 is for fuels management activities: Provided further, That of the funds provided $20,470,000 is for burned area rehabilitation: Provided further, That persons hired pursuant to 43 U.S.C. 1469 may be furnished subsistence and lodging without cost from funds available from this appropriation: Provided further, That notwithstanding 42 U.S.C. 1856d, sums received by a bureau or office of the Department of the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et seq., protection of United States property, may be credited to the appropriation from which funds were expended to provide that protection, and are available without fiscal year limitation: Provided further, That using the amounts designated under this title of this Act, the Secretary of [[Page H475]] the Interior may enter into procurement contracts, grants, or cooperative agreements, for fuels management activities, and for training and monitoring associated with such fuels management activities on Federal land, or on adjacent non- Federal land for activities that benefit resources on Federal land: Provided further, That the costs of implementing any cooperative agreement between the Federal Government and any non-Federal entity may be shared, as mutually agreed on by the affected parties: Provided further, That notwithstanding requirements of the Competition in Contracting Act, the Secretary, for purposes of fuels management activities, may obtain maximum practicable competition among: (1) local private, nonprofit, or cooperative entities; (2) Youth Conservation Corps crews, Public Lands Corps (Public Law 109- 154), or related partnerships with State, local, or nonprofit youth groups; (3) small or micro-businesses; or (4) other entities that will hire or train locally a significant percentage, defined as 50 percent or more, of the project workforce to complete such contracts: Provided further, That in implementing this section, the Secretary shall develop written guidance to field units to ensure accountability and consistent application of the authorities provided herein: Provided further, That funds appropriated under this heading may be used to reimburse the United States Fish and Wildlife Service and the National Marine Fisheries Service for the costs of carrying out their responsibilities under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference, as required by section 7 of such Act, in connection with wildland fire management activities: Provided further, That the Secretary of the Interior may use wildland fire appropriations to enter into leases of real property with local governments, at or below fair market value, to construct capitalized improvements for fire facilities on such leased properties, including but not limited to fire guard stations, retardant stations, and other initial attack and fire support facilities, and to make advance payments for any such lease or for construction activity associated with the lease: Provided further, That the Secretary of the Interior and the Secretary of Agriculture may authorize the transfer of funds appropriated for wildland fire management, in an aggregate amount not to exceed $50,000,000, between the Departments when such transfers would facilitate and expedite wildland fire management programs and projects: Provided further, That funds provided for wildfire suppression shall be available for support of Federal emergency response actions: Provided further, That funds appropriated under this heading shall be available for assistance to or through the Department of State in connection with forest and rangeland research, technical information, and assistance in foreign countries, and, with the concurrence of the Secretary of State, shall be available to support forestry, wildland fire management, and related natural resource activities outside the United States and its territories and possessions, including technical assistance, education and training, and cooperation with United States and international organizations. central hazardous materials fund For necessary expenses of the Department of the Interior and any of its component offices and bureaus for the response action, including associated activities, performed pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.), $10,010,000, to remain available until expended. Natural Resource Damage Assessment and Restoration natural resource damage assessment fund To conduct natural resource damage assessment, restoration activities, and onshore oil spill preparedness by the Department of the Interior necessary to carry out the provisions of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and 54 U.S.C. 100721 et seq., $7,767,000, to remain available until expended. working capital fund For the operation and maintenance of a departmental financial and business management system, information technology improvements of general benefit to the Department, cybersecurity, and the consolidation of facilities and operations throughout the Department, $56,735,000, to remain available until expended: Provided, That none of the funds appropriated in this Act or any other Act may be used to establish reserves in the Working Capital Fund account other than for accrued annual leave and depreciation of equipment without prior approval of the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That the Secretary may assess reasonable charges to State, local and tribal government employees for training services provided by the National Indian Program Training Center, other than training related to Public Law 93-638: Provided further, That the Secretary may lease or otherwise provide space and related facilities, equipment or professional services of the National Indian Program Training Center to State, local and tribal government employees or persons or organizations engaged in cultural, educational, or recreational activities (as defined in section 3306(a) of title 40, United States Code) at the prevailing rate for similar space, facilities, equipment, or services in the vicinity of the National Indian Program Training Center: Provided further, That all funds received pursuant to the two preceding provisos shall be credited to this account, shall be available until expended, and shall be used by the Secretary for necessary expenses of the National Indian Program Training Center: Provided further, That the Secretary may enter into grants and cooperative agreements to support the Office of Natural Resource Revenue's collection and disbursement of royalties, fees, and other mineral revenue proceeds, as authorized by law. administrative provision There is hereby authorized for acquisition from available resources within the Working Capital Fund, aircraft which may be obtained by donation, purchase or through available excess surplus property: Provided, That existing aircraft being replaced may be sold, with proceeds derived or trade-in value used to offset the purchase price for the replacement aircraft. office of natural resources revenue For necessary expenses for management of the collection and disbursement of royalties, fees, and other mineral revenue proceeds, and for grants and cooperative agreements, as authorized by law, $137,505,000, to remain available until September 30, 2020; of which $41,727,000 shall remain available until expended for the purpose of mineral revenue management activities: Provided, That notwithstanding any other provision of law, $15,000 shall be available for refunds of overpayments in connection with certain Indian leases in which the Secretary concurred with the claimed refund due, to pay amounts owed to Indian allottees or tribes, or to correct prior unrecoverable erroneous payments. General Provisions, Department of the Interior (including transfers of funds) emergency transfer authority--intra-bureau Sec. 101. Appropriations made in this title shall be available for expenditure or transfer (within each bureau or office), with the approval of the Secretary, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: Provided, That no funds shall be made available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have been exhausted: Provided further, That all funds used pursuant to this section must be replenished by a supplemental appropriation, which must be requested as promptly as possible. emergency transfer authority--department-wide Sec. 102. The Secretary may authorize the expenditure or transfer of any no year appropriation in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of wildland fires on or threatening lands under the jurisdiction of the Department of the Interior; for the emergency rehabilitation of burned-over lands under its jurisdiction; for emergency actions related to potential or actual earthquakes, floods, volcanoes, storms, or other unavoidable causes; for contingency planning subsequent to actual oil spills; for response and natural resource damage assessment activities related to actual oil spills or releases of hazardous substances into the environment; for the prevention, suppression, and control of actual or potential grasshopper and Mormon cricket outbreaks on lands under the jurisdiction of the Secretary, pursuant to the authority in section 417(b) of Public Law 106-224 (7 U.S.C. 7717(b)); for emergency reclamation projects under section 410 of Public Law 95-87; and shall transfer, from any no year funds available to the Office of Surface Mining Reclamation and Enforcement, such funds as may be necessary to permit assumption of regulatory authority in the event a primacy State is not carrying out the regulatory provisions of the Surface Mining Act: Provided, That appropriations made in this title for wildland fire operations shall be available for the payment of obligations incurred during the preceding fiscal year, and for reimbursement to other Federal agencies for destruction of vehicles, aircraft, or other equipment in connection with their use for wildland fire operations, with such reimbursement to be credited to appropriations currently available at the time of receipt thereof: Provided further, That for wildland fire operations, no funds shall be made available under this authority until the Secretary determines that funds appropriated for ``wildland fire suppression'' shall be exhausted within 30 days: Provided further, That all funds used pursuant to this section must be replenished by a supplemental appropriation, which must be requested as promptly as possible: Provided further, That such replenishment funds shall be used to reimburse, on a pro rata basis, accounts from which emergency funds were transferred. authorized use of funds Sec. 103. Appropriations made to the Department of the Interior in this title shall be available for services as authorized by section 3109 of title 5, United States Code, when authorized by the Secretary, in total amount not to exceed $500,000; purchase and replacement of motor vehicles, including specially [[Page H476]] equipped law enforcement vehicles; hire, maintenance, and operation of aircraft; hire of passenger motor vehicles; purchase of reprints; payment for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and the payment of dues, when authorized by the Secretary, for library membership in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members. authorized use of funds, indian trust management Sec. 104. Appropriations made in this Act under the headings Bureau of Indian Affairs and Bureau of Indian Education, and Office of the Special Trustee for American Indians and any unobligated balances from prior appropriations Acts made under the same headings shall be available for expenditure or transfer for Indian trust management and reform activities. Total funding for historical accounting activities shall not exceed amounts specifically designated in this Act for such purpose. redistribution of funds, bureau of indian affairs Sec. 105. Notwithstanding any other provision of law, the Secretary of the Interior is authorized to redistribute any Tribal Priority Allocation funds, including tribal base funds, to alleviate tribal funding inequities by transferring funds to address identified, unmet needs, dual enrollment, overlapping service areas or inaccurate distribution methodologies. No tribe shall receive a reduction in Tribal Priority Allocation funds of more than 10 percent in fiscal year 2019. Under circumstances of dual enrollment, overlapping service areas or inaccurate distribution methodologies, the 10 percent limitation does not apply. ellis, governors, and liberty islands Sec. 106. Notwithstanding any other provision of law, the Secretary of the Interior is authorized to acquire lands, waters, or interests therein including the use of all or part of any pier, dock, or landing within the State of New York and the State of New Jersey, for the purpose of operating and maintaining facilities in the support of transportation and accommodation of visitors to Ellis, Governors, and Liberty Islands, and of other program and administrative activities, by donation or with appropriated funds, including franchise fees (and other monetary consideration), or by exchange; and the Secretary is authorized to negotiate and enter into leases, subleases, concession contracts or other agreements for the use of such facilities on such terms and conditions as the Secretary may determine reasonable. outer continental shelf inspection fees Sec. 107. (a) In fiscal year 2019, the Secretary shall collect a nonrefundable inspection fee, which shall be deposited in the ``Offshore Safety and Environmental Enforcement'' account, from the designated operator for facilities subject to inspection under 43 U.S.C. 1348(c). (b) Annual fees shall be collected for facilities that are above the waterline, excluding drilling rigs, and are in place at the start of the fiscal year. Fees for fiscal year 2019 shall be: (1) $10,500 for facilities with no wells, but with processing equipment or gathering lines; (2) $17,000 for facilities with 1 to 10 wells, with any combination of active or inactive wells; and (3) $31,500 for facilities with more than 10 wells, with any combination of active or inactive wells. (c) Fees for drilling rigs shall be assessed for all inspections completed in fiscal year 2019. Fees for fiscal year 2019 shall be: (1) $30,500 per inspection for rigs operating in water depths of 500 feet or more; and (2) $16,700 per inspection for rigs operating in water depths of less than 500 feet. (d) The Secretary shall bill designated operators under subsection (b) within 60 days, with payment required within 30 days of billing. The Secretary shall bill designated operators under subsection (c) within 30 days of the end of the month in which the inspection occurred, with payment required within 30 days of billing. bureau of ocean energy management, regulation and enforcement reorganization Sec. 108. The Secretary of the Interior, in order to implement a reorganization of the Bureau of Ocean Energy Management, Regulation and Enforcement, may transfer funds among and between the successor offices and bureaus affected by the reorganization only in conformance with the reprogramming guidelines described in Senate report 115-276. contracts and agreements for wild horse and burro holding facilities Sec. 109. Notwithstanding any other provision of this Act, the Secretary of the Interior may enter into multiyear cooperative agreements with nonprofit organizations and other appropriate entities, and may enter into multiyear contracts in accordance with the provisions of section 3903 of title 41, United States Code (except that the 5-year term restriction in subsection (a) shall not apply), for the long- term care and maintenance of excess wild free roaming horses and burros by such organizations or entities on private land. Such cooperative agreements and contracts may not exceed 10 years, subject to renewal at the discretion of the Secretary. mass marking of salmonids Sec. 110. The United States Fish and Wildlife Service shall, in carrying out its responsibilities to protect threatened and endangered species of salmon, implement a system of mass marking of salmonid stocks, intended for harvest, that are released from federally operated or federally financed hatcheries including but not limited to fish releases of coho, chinook, and steelhead species. Marked fish must have a visible mark that can be readily identified by commercial and recreational fishers. contracts and agreements with indian affairs Sec. 111. Notwithstanding any other provision of law, during fiscal year 2019, in carrying out work involving cooperation with State, local, and tribal governments or any political subdivision thereof, Indian Affairs may record obligations against accounts receivable from any such entities, except that total obligations at the end of the fiscal year shall not exceed total budgetary resources available at the end of the fiscal year. humane transfer of excess animals Sec. 112. Notwithstanding any other provision of law, the Secretary of the Interior may transfer excess wild horses or burros that have been removed from the public lands to other Federal, State, and local government agencies for use as work animals: Provided, That the Secretary may make any such transfer immediately upon request of such Federal, State, or local government agency: Provided further, That any excess animal transferred under this provision shall lose its status as a wild free-roaming horse or burro as defined in the Wild Free-Roaming Horses and Burros Act: Provided further, That any Federal, State, or local government agency receiving excess wild horses or burros as authorized in this section shall not: destroy the horses or burros in a way that results in their destruction into commercial products; sell or otherwise transfer the horses or burros in a way that results in their destruction for processing into commercial products; or euthanize the horses or burros except upon the recommendation of a licensed veterinarian, in cases of severe injury, illness, or advanced age. department of the interior experienced services program Sec. 113. (a) Notwithstanding any other provision of law relating to Federal grants and cooperative agreements, the Secretary of the Interior is authorized to make grants to, or enter into cooperative agreements with, private nonprofit organizations designated by the Secretary of Labor under title V of the Older Americans Act of 1965 to utilize the talents of older Americans in programs authorized by other provisions of law administered by the Secretary and consistent with such provisions of law. (b) Prior to awarding any grant or agreement under subsection (a), the Secretary shall ensure that the agreement would not-- (1) result in the displacement of individuals currently employed by the Department, including partial displacement through reduction of non-overtime hours, wages, or employment benefits; (2) result in the use of an individual under the Department of the Interior Experienced Services Program for a job or function in a case in which a Federal employee is in a layoff status from the same or substantially equivalent job within the Department; or (3) affect existing contracts for services. payments in lieu of taxes (pilt) Sec. 114. Section 6906 of title 31, United States Code, is amended by striking ``fiscal year 2018'' and inserting ``fiscal year 2019''. sage-grouse Sec. 115. None of the funds made available by this or any other Act may be used by the Secretary of the Interior to write or issue pursuant to section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533)-- (1) a proposed rule for greater sage-grouse (Centrocercus urophasianus); (2) a proposed rule for the Columbia basin distinct population segment of greater sage-grouse. technical correction Sec. 116. Division II of Public Law 104-333 (54 U.S.C. 320101 note), as amended by section 116(b)(2) of Public Law 114-113, is amended in each of sections 208, 310, and 607, by striking ``2017'' and inserting ``2019''. damage to department of the interior facilities by volcanic eruption Sec. 117. (a) Not later than 60 days after the date of enactment of this Act, the Secretary of the Interior shall submit to Congress a report on each facility and related infrastructure of the Department of the Interior damaged by a volcanic eruption covered by a major disaster declared by the President in calendar year 2018 in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) (referred to in this section as a ``covered facility''). (b) The report submitted under subsection (a) shall include-- (1) an inventory of all covered facilities; (2) a description of-- (A) any closures of covered facilities; and (B) the estimated impact on visitorship to covered facilities open to the public as a result of a volcanic eruption; and (3) a plan-- (A) to restore or replace covered facilities; and (B) to restore visitorship levels to covered facilities open to the public to historic visitorship levels. [[Page H477]] (c) In preparing the plan required under subsection (b)(3), the Secretary of the Interior shall-- (1) engage the community in which the covered facility is located, including the State and units of local government; and (2) include the estimated costs of carrying out the activities described in the plan. Sec. 118. (a) There are appropriated under the heading ``Operation of Indian Programs'' under the heading ``Bureau of Indian Affairs and Bureau of Indian Education'', in addition to any other amounts made available under such heading and in order to provide additional funding for hiring staff for tribal detention facilities, including addressing the needs of newly funded tribal detention facilities, $2,000,000, to remain available until September 30, 2020. (b) Notwithstanding any other provision of this Act, the total amount appropriated under the heading ``Working Capital Fund'' for the Department of the Interior is hereby reduced by $2,000,000. TITLE II ENVIRONMENTAL PROTECTION AGENCY Science and Technology (including rescission of funds) For science and technology, including research and development activities, which shall include research and development activities under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980; necessary expenses for personnel and related costs and travel expenses; procurement of laboratory equipment and supplies; and other operating expenses in support of research and development, $717,723,000, to remain available until September 30, 2020: Provided, That of the funds included under this heading, $5,000,000 shall be for Research: National Priorities as specified in Senate report 115-276: Provided further, That of unobligated balances from appropriations made available under this heading, $11,250,000 are permanently rescinded: Provided further, That no amounts may be rescinded pursuant to the preceding proviso from amounts made available in the first proviso for Research: National Priorities: Provided further, That of the amounts made available under this heading, not less than $5,000,000 shall be used to investigate health impacts from exposure to harmful algal blooms and cyanobacteria toxins, and to develop innovative methods to monitor, characterize, and predict blooms for early action. Environmental Programs and Management (including rescission of funds) For environmental programs and management, including necessary expenses, not otherwise provided for, for personnel and related costs and travel expenses; hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; purchase of reprints; library memberships in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members; administrative costs of the brownfields program under the Small Business Liability Relief and Brownfields Revitalization Act of 2002; implementation of a coal combustion residual permit program under section 2301 of the Water and Waste Act of 2016; and not to exceed $9,000 for official reception and representation expenses, $2,659,675,000, to remain available until September 30, 2020: Provided, That of the funds included under this heading, $15,000,000 shall be for Environmental Protection: National Priorities as specified in Senate report 115-276: Provided further, That of the funds included under this heading, $454,958,000 shall be for Geographic Programs specified in the tables in the explanatory statement described in section 436 of this Act: Provided further, That of the unobligated balances from appropriations made available under this heading, $61,676,000 are permanently rescinded: Provided further, That no amounts may be rescinded pursuant to the preceding proviso from amounts made available in the first proviso for Environmental Protection: National Priorities, from amounts made available in the second proviso for Geographic Programs, or from the National Estuary Program (33 U.S.C. 1330). In addition, $5,000,000 to remain available until expended, for necessary expenses of activities described in section 26(b)(1) of the Toxic Substances Control Act (15 U.S.C. 2625(b)(1)): Provided, That fees collected pursuant to that section of that Act and deposited in the ``TSCA Service Fee Fund'' as discretionary offsetting receipts in fiscal year 2019 shall be retained and used for necessary salaries and expenses in this appropriation and shall remain available until expended: Provided further, That the sum herein appropriated in this paragraph from the general fund for fiscal year 2019 shall be reduced by the amount of discretionary offsetting receipts received during fiscal year 2019, so as to result in a final fiscal year 2019 appropriation from the general fund estimated at not more than $0: Provided further, That to the extent that amounts realized from such receipts exceed $5,000,000, those amount in excess of $5,000,000 shall be deposited in the ``TSCA Service Fee Fund'' as discretionary offsetting receipts in fiscal year 2019, shall be retained and used for necessary salaries and expenses in this account, and shall remain available until expended: Provided further, That of the funds included in the first paragraph under this heading, the Chemical Risk Review and Reduction program project shall be allocated for this fiscal year, excluding the amount of any fees appropriated, not less than the amount of appropriations for that program project for fiscal year 2014. Office of Inspector General For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $41,489,000, to remain available until September 30, 2020. Buildings and Facilities For construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of, or for use by, the Environmental Protection Agency, $34,467,000, to remain available until expended. Hazardous Substance Superfund (including transfers of funds) For necessary expenses to carry out the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611) $1,091,947,000, to remain available until expended, consisting of such sums as are available in the Trust Fund on September 30, 2018, as authorized by section 517(a) of the Superfund Amendments and Reauthorization Act of 1986 (SARA) and up to $1,091,947,000 as a payment from general revenues to the Hazardous Substance Superfund for purposes as authorized by section 517(b) of SARA: Provided, That funds appropriated under this heading may be allocated to other Federal agencies in accordance with section 111(a) of CERCLA: Provided further, That of the funds appropriated under this heading, $8,718,000 shall be paid to the ``Office of Inspector General'' appropriation to remain available until September 30, 2020, and $17,398,000 shall be paid to the ``Science and Technology'' appropriation to remain available until September 30, 2020. Leaking Underground Storage Tank Trust Fund Program For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by subtitle I of the Solid Waste Disposal Act, $91,941,000, to remain available until expended, of which $66,572,000 shall be for carrying out leaking underground storage tank cleanup activities authorized by section 9003(h) of the Solid Waste Disposal Act; $25,369,000 shall be for carrying out the other provisions of the Solid Waste Disposal Act specified in section 9508(c) of the Internal Revenue Code: Provided, That the Administrator is authorized to use appropriations made available under this heading to implement section 9013 of the Solid Waste Disposal Act to provide financial assistance to federally recognized Indian tribes for the development and implementation of programs to manage underground storage tanks. Inland Oil Spill Programs For expenses necessary to carry out the Environmental Protection Agency's responsibilities under the Oil Pollution Act of 1990, $18,209,000, to be derived from the Oil Spill Liability trust fund, to remain available until expended. State and Tribal Assistance Grants For environmental programs and infrastructure assistance, including capitalization grants for State revolving funds and performance partnership grants, $3,575,041,000, to remain available until expended, of which-- (1) $1,394,000,000 shall be for making capitalization grants for the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act; and of which $864,000,000 shall be for making capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act: Provided, That for fiscal year 2019, to the extent there are sufficient eligible project applications and projects are consistent with State Intended Use Plans, not less than 10 percent of the funds made available under this title to each State for Clean Water State Revolving Fund capitalization grants shall be used by the State for projects to address green infrastructure, water or energy efficiency improvements, or other environmentally innovative activities: Provided further, That for fiscal year 2019, funds made available under this title to each State for Drinking Water State Revolving Fund capitalization grants may, at the discretion of each State, be used for projects to address green infrastructure, water or energy efficiency improvements, or other environmentally innovative activities: Provided further, That notwithstanding section 603(d)(7) of the Federal Water Pollution Control Act, the limitation on the amounts in a State water pollution control revolving fund that may be used by a State to administer the fund shall not apply to amounts included as principal in loans made by such fund in fiscal year 2019 and prior years where such amounts represent costs of administering the fund to the extent that such amounts are or were deemed reasonable by the Administrator, accounted for separately from other assets in the fund, and used for eligible purposes of the fund, including administration: Provided further, That for fiscal year 2019, notwithstanding the provisions of subsections (g)(1), (h), and (l) of section 201 of the Federal Water Pollution Control Act, grants made under title II of such Act for American Samoa, Guam, the commonwealth of the Northern Marianas, the United States Virgin Islands, and the District of Columbia may also be made for the purpose of providing assistance: (1) solely for facility [[Page H478]] plans, design activities, or plans, specifications, and estimates for any proposed project for the construction of treatment works; and (2) for the construction, repair, or replacement of privately owned treatment works serving one or more principal residences or small commercial establishments: Provided further, That for fiscal year 2019, notwithstanding the provisions of such subsections (g)(1), (h), and (l) of section 201 and section 518(c) of the Federal Water Pollution Control Act, funds reserved by the Administrator for grants under section 518(c) of the Federal Water Pollution Control Act may also be used to provide assistance: (1) solely for facility plans, design activities, or plans, specifications, and estimates for any proposed project for the construction of treatment works; and (2) for the construction, repair, or replacement of privately owned treatment works serving one or more principal residences or small commercial establishments: Provided further, That for fiscal year 2019, notwithstanding any provision of the Federal Water Pollution Control Act and regulations issued pursuant thereof, up to a total of $2,000,000 of the funds reserved by the Administrator for grants under section 518(c) of such Act may also be used for grants for training, technical assistance, and educational programs relating to the operation and management of the treatment works specified in section 518(c) of such Act: Provided further, That for fiscal year 2019, funds reserved under section 518(c) of such Act shall be available for grants only to Indian tribes, as defined in section 518(h) of such Act and former Indian reservations in Oklahoma (as determined by the Secretary of the Interior) and Native Villages as defined in Public Law 92-203: Provided further, That for fiscal year 2019, notwithstanding the limitation on amounts in section 518(c) of the Federal Water Pollution Control Act, up to a total of 2 percent of the funds appropriated, or $30,000,000, whichever is greater, and notwithstanding the limitation on amounts in section 1452(i) of the Safe Drinking Water Act, up to a total of 2 percent of the funds appropriated, or $20,000,000, whichever is greater, for State Revolving Funds under such Acts may be reserved by the Administrator for grants under section 518(c) and section 1452(i) of such Acts: Provided further, That for fiscal year 2019, notwithstanding the amounts specified in section 205(c) of the Federal Water Pollution Control Act, up to 1.5 percent of the aggregate funds appropriated for the Clean Water State Revolving Fund program under the Act less any sums reserved under section 518(c) of the Act, may be reserved by the Administrator for grants made under title II of the Federal Water Pollution Control Act for American Samoa, Guam, the Commonwealth of the Northern Marianas, and United States Virgin Islands: Provided further, That for fiscal year 2019, notwithstanding the limitations on amounts specified in section 1452(j) of the Safe Drinking Water Act, up to 1.5 percent of the funds appropriated for the Drinking Water State Revolving Fund programs under the Safe Drinking Water Act may be reserved by the Administrator for grants made under section 1452(j) of the Safe Drinking Water Act: Provided further, That 10 percent of the funds made available under this title to each State for Clean Water State Revolving Fund capitalization grants and 20 percent of the funds made available under this title to each State for Drinking Water State Revolving Fund capitalization grants shall be used by the State to provide additional subsidy to eligible recipients in the form of forgiveness of principal, negative interest loans, or grants (or any combination of these), and shall be so used by the State only where such funds are provided as initial financing for an eligible recipient or to buy, refinance, or restructure the debt obligations of eligible recipients only where such debt was incurred on or after the date of enactment of this Act, or where such debt was incurred prior to the date of enactment of this Act if the State, with concurrence from the Administrator, determines that such funds could be used to help address a threat to public health from heightened exposure to lead in drinking water or if a Federal or State emergency declaration has been issued due to a threat to public health from heightened exposure to lead in a municipal drinking water supply before the date of enactment of this Act: Provided further, That in a State in which such an emergency declaration has been issued, the State may use more than 20 percent of the funds made available under this title to the State for Drinking Water State Revolving Fund capitalization grants to provide additional subsidy to eligible recipients; (2) $15,000,000 shall be for architectural, engineering, planning, design, construction and related activities in connection with the construction of high priority water and wastewater facilities in the area of the United States-Mexico Border, after consultation with the appropriate border commission: Provided, That no funds provided by this appropriations Act to address the water, wastewater and other critical infrastructure needs of the colonias in the United States along the United States-Mexico border shall be made available to a county or municipal government unless that government has established an enforceable local ordinance, or other zoning rule, which prevents in that jurisdiction the development or construction of any additional colonia areas, or the development within an existing colonia the construction of any new home, business, or other structure which lacks water, wastewater, or other necessary infrastructure; (3) $25,000,000 shall be for grants to the State of Alaska to address drinking water and wastewater infrastructure needs of rural and Alaska Native Villages: Provided, That of these funds: (A) the State of Alaska shall provide a match of 25 percent; (B) no more than 5 percent of the funds may be used for administrative and overhead expenses; and (C) the State of Alaska shall make awards consistent with the Statewide priority list established in conjunction with the Agency and the U.S. Department of Agriculture for all water, sewer, waste disposal, and similar projects carried out by the State of Alaska that are funded under section 221 of the Federal Water Pollution Control Act (33 U.S.C. 1301) or the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) which shall allocate not less than 25 percent of the funds provided for projects in regional hub communities; (4) $80,000,000 shall be to carry out section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), including grants, interagency agreements, and associated program support costs: Provided, That not more than 25 percent of the amount appropriated to carry out section 104(k) of CERCLA shall be used for site characterization, assessment, and remediation of facilities described in section 101(39)(D)(ii)(II) of CERCLA: Provided further, That at least 10 percent shall be allocated for assistance in persistent poverty counties: Provided further, That for purposes of this section, the term ``persistent poverty counties'' means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses and the most recent Small Area Income and Poverty Estimates; (5) $50,000,000 shall be for grants under title VII, subtitle G of the Energy Policy Act of 2005; (6) $50,000,000 shall be for targeted airshed grants in accordance with the terms and conditions in Senate report 115-276; (7) $4,000,000 shall be to carry out the water quality program authorized in section 5004(d) of the Water Infrastructure Improvements for the Nation Act (Public Law 114-322); and (8) $1,093,041,000 shall be for grants, including associated program support costs, to States, federally recognized tribes, interstate agencies, tribal consortia, and air pollution control agencies for multi-media or single media pollution prevention, control and abatement and related activities, including activities pursuant to the provisions set forth under this heading in Public Law 104-134, and for making grants under section 103 of the Clean Air Act for particulate matter monitoring and data collection activities subject to terms and conditions specified by the Administrator, of which: $47,745,000 shall be for carrying out section 128 of CERCLA; $9,646,000 shall be for Environmental Information Exchange Network grants, including associated program support costs; $1,498,000 shall be for grants to States under section 2007(f)(2) of the Solid Waste Disposal Act, which shall be in addition to funds appropriated under the heading ``Leaking Underground Storage Tank Trust Fund Program'' to carry out the provisions of the Solid Waste Disposal Act specified in section 9508(c) of the Internal Revenue Code other than section 9003(h) of the Solid Waste Disposal Act; $17,848,000 of the funds available for grants under section 106 of the Federal Water Pollution Control Act shall be for State participation in national- and State-level statistical surveys of water resources and enhancements to State monitoring programs; $27,000,000 shall be for multipurpose grants, including interagency agreements. Water Infrastructure Finance and Innovation Program Account For the cost of direct loans and for the cost of guaranteed loans, as authorized by the Water Infrastructure Finance and Innovation Act of 2014, $5,000,000, to remain available until expended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize gross obligations for the principal amount of direct loans, including capitalized interest, and total loan principal, including capitalized interest, any part of which is to be guaranteed, not to exceed $610,000,000. In addition, fees authorized to be collected pursuant to sections 5029 and 5030 of the Water Infrastructure Finance and Innovation Act of 2014 shall be deposited in this account, to remain available until expended. In addition, for administrative expenses to carry out the direct and guaranteed loan programs, notwithstanding section 5033 of the Water Infrastructure Finance and Innovation Act of 2014, $5,000,000, to remain available until September 30, 2020. Administrative Provisions--Environmental Protection Agency (including transfers and rescission of funds) For fiscal year 2019, notwithstanding 31 U.S.C. 6303(1) and 6305(1), the Administrator of the Environmental Protection Agency, in carrying out the Agency's function to implement directly Federal environmental programs required or authorized by law in the absence of an acceptable tribal program, may award cooperative agreements to federally recognized Indian tribes or Intertribal consortia, if authorized by their member [[Page H479]] tribes, to assist the Administrator in implementing Federal environmental programs for Indian tribes required or authorized by law, except that no such cooperative agreements may be awarded from funds designated for State financial assistance agreements. The Administrator of the Environmental Protection Agency is authorized to collect and obligate pesticide registration service fees in accordance with section 33 of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended by Public Law 112-177, the Pesticide Registration Improvement Extension Act of 2012. Notwithstanding section 33(d)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w-8(d)(2)), the Administrator of the Environmental Protection Agency may assess fees under section 33 of FIFRA (7 U.S.C. 136w-8) for fiscal year 2019. The Administrator is authorized to transfer up to $300,000,000 of the funds appropriated for the Great Lakes Restoration Initiative under the heading ``Environmental Programs and Management'' to the head of any Federal department or agency, with the concurrence of such head, to carry out activities that would support the Great Lakes Restoration Initiative and Great Lakes Water Quality Agreement programs, projects, or activities; to enter into an interagency agreement with the head of such Federal department or agency to carry out these activities; and to make grants to governmental entities, nonprofit organizations, institutions, and individuals for planning, research, monitoring, outreach, and implementation in furtherance of the Great Lakes Restoration Initiative and the Great Lakes Water Quality Agreement. The Science and Technology, Environmental Programs and Management, Office of Inspector General, Hazardous Substance Superfund, and Leaking Underground Storage Tank Trust Fund Program Accounts, are available for the construction, alteration, repair, rehabilitation, and renovation of facilities, provided that the cost does not exceed $150,000 per project. For fiscal year 2019, and notwithstanding section 518(f) of the Federal Water Pollution Control Act (33 U.S.C. 1377(f)), the Administrator is authorized to use the amounts appropriated for any fiscal year under section 319 of the Act to make grants to Indian tribes pursuant to sections 319(h) and 518(e) of that Act. The Administrator is authorized to use the amounts appropriated under the heading ``Environmental Programs and Management'' for fiscal year 2019 to provide grants to implement the Southeastern New England Watershed Restoration Program. The Administrator of the Environmental Protection Agency is authorized to collect and obligate fees in accordance with section 3024 of the Solid Waste Disposal Act (42 U.S.C. 6939g) for fiscal year 2019. Of the unobligated balances available for the ``State and Tribal Assistance Grants'' account, $109,078,000 are hereby permanently rescinded: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985 or from amounts that were made available by subsection (a) of section 196 of the Continuing Appropriations Act, 2017 (division C of Public Law 114-223), as amended by the Further Continuing and Security Assistance Appropriations Act, 2017 (Public Law 114-254). Using funds appropriated under this title, the Administrator of the Environmental Protection Agency shall implement the recommendations described in the report of the Office of Inspector General of the Environmental Protection Agency entitled ``Management Weakness Delayed Response to Flint Water Crisis'', numbered 18-P-0221, and dated July 19, 2018, to ensure clean and safe water compliance under the Safe Drinking Water Act (42 U.S.C. 300f et seq.). If the Administrator of the Environmental Protection Agency does not implement 1 or more recommendations required by the preceding sentence, the Administrator shall submit to the Committees on Appropriations and Environment and Public Works of the Senate and the Committees on Appropriations and Energy and Commerce of the House of Representatives a report explaining why the Administrator did not implement the recommendation and identifying specific actions the Administrator is implementing to address the concerns raised in the report. TITLE III RELATED AGENCIES DEPARTMENT OF AGRICULTURE office of the under secretary for natural resources and environment For necessary expenses of the Office of the Under Secretary for Natural Resources and Environment, $875,000: Provided, That funds made available by this Act to any agency in the Natural Resources and Environment mission area for salaries and expenses are available to fund up to one administrative support staff for the office. Forest Service forest and rangeland research For necessary expenses of forest and rangeland research as authorized by law, $300,000,000, to remain available through September 30, 2022, of which not less than $500,000 shall be made available for wood utilization research to develop woody and agricultural biomass conversion of low-value woody biomass using microwave-assisted liquefaction: Provided, That of the funds provided, $77,000,000 is for the forest inventory and analysis program: Provided further, That all authorities for the use of funds, including the use of contracts, grants, and cooperative agreements, available to execute the Forest and Rangeland Research appropriation, are also available in the utilization of these funds for Fire Science Research. state and private forestry For necessary expenses of cooperating with and providing technical and financial assistance to States, territories, possessions, and others, and for forest health management, and conducting an international program as authorized, $333,990,000, to remain available through September 30, 2022, as authorized by law; of which $65,490,000 is to be derived from the Land and Water Conservation Fund to be used for the Forest Legacy Program, to remain available until expended. national forest system For necessary expenses of the Forest Service, not otherwise provided for, for management, protection, improvement, and utilization of the National Forest System, and for hazardous fuels management on or adjacent to such lands, $1,937,653,000, to remain available through September 30, 2022: Provided, That of the funds provided, $40,000,000 shall be deposited in the Collaborative Forest Landscape Restoration Fund for ecological restoration treatments as authorized by 16 U.S.C. 7303(f): Provided further, That of the funds provided, $368,000,000 shall be for forest products: Provided further, That of the funds provided, $435,000,000 shall be for hazardous fuels management activities, of which not to exceed $15,000,000 may be used to make grants, using any authorities available to the Forest Service under the ``State and Private Forestry'' appropriation, for the purpose of creating incentives for increased use of biomass from National Forest System lands: Provided further, That $20,000,000 may be used by the Secretary of Agriculture to enter into procurement contracts or cooperative agreements or to issue grants for hazardous fuels management activities, and for training or monitoring associated with such hazardous fuels management activities on Federal land, or on non-Federal land if the Secretary determines such activities benefit resources on Federal land: Provided further, That funds made available to implement the Community Forestry Restoration Act, Public Law 106-393, title VI, shall be available for use on non-Federal lands in accordance with authorities made available to the Forest Service under the ``State and Private Forestry'' appropriations: Provided further, That notwithstanding section 33 of the Bankhead Jones Farm Tenant Act (7 U.S.C. 1012), the Secretary of Agriculture, in calculating a fee for grazing on a National Grassland, may provide a credit of up to 50 percent of the calculated fee to a Grazing Association or direct permittee for a conservation practice approved by the Secretary in advance of the fiscal year in which the cost of the conservation practice is incurred. And, that the amount credited shall remain available to the Grazing Association or the direct permittee, as appropriate, in the fiscal year in which the credit is made and each fiscal year thereafter for use on the project for conservation practices approved by the Secretary. capital improvement and maintenance (including transfer of funds) For necessary expenses of the Forest Service, not otherwise provided for, $449,000,000, to remain available through September 30, 2022, for construction, capital improvement, maintenance and acquisition of buildings and other facilities and infrastructure; and for construction, reconstruction, decommissioning of roads that are no longer needed, including unauthorized roads that are not part of the transportation system, and maintenance of forest roads and trails by the Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 205: Provided, That funds becoming available in fiscal year 2019 under the Act of March 4, 1913 (16 U.S.C. 501) shall be transferred to the General Fund of the Treasury and shall not be available for transfer or obligation for any other purpose unless the funds are appropriated. land acquisition (including rescission of funds) For expenses necessary to carry out the provisions of chapter 2003 of title 54, United States Code, including administrative expenses, and for acquisition of land or waters, or interest therein, in accordance with statutory authority applicable to the Forest Service, $74,099,000, to be derived from the Land and Water Conservation Fund and to remain available until expended. Of the unobligated balances from amounts made available for Land Acquisition and derived from the Land and Water Conservation Fund, $16,028,000 is hereby permanently rescinded from projects with cost savings or failed or partially failed projects that had funds returned: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985. acquisition of lands for national forests special acts For acquisition of lands within the exterior boundaries of the Cache, Uinta, and [[Page H480]] Wasatch National Forests, Utah; the Toiyabe National Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland National Forests, California; and the Ozark-St. Francis and Ouachita National Forests, Arkansas; as authorized by law, $700,000, to be derived from forest receipts. acquisition of lands to complete land exchanges For acquisition of lands, such sums, to be derived from funds deposited by State, county, or municipal governments, public school districts, or other public school authorities, and for authorized expenditures from funds deposited by non- Federal parties pursuant to Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967 (16 U.S.C. 484a), to remain available through September 30, 2021, (16 U.S.C. 516- 617a, 555a; Public Law 96-586; Public Law 76-589, 76-591; and Public Law 78-310). range betterment fund For necessary expenses of range rehabilitation, protection, and improvement, 50 percent of all moneys received during the prior fiscal year, as fees for grazing domestic livestock on lands in National Forests in the 16 Western States, pursuant to section 401(b)(1) of Public Law 94-579, to remain available through September 30, 2022, of which not to exceed 6 percent shall be available for administrative expenses associated with on-the-ground range rehabilitation, protection, and improvements. gifts, donations and bequests for forest and rangeland research For expenses authorized by 16 U.S.C. 1643(b), $45,000, to remain available through September 30, 2022, to be derived from the fund established pursuant to the above Act. management of national forest lands for subsistence uses For necessary expenses of the Forest Service to manage Federal lands in Alaska for subsistence uses under title VIII of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3111 et seq.), $2,500,000, to remain available through September 30, 2022. wildland fire management (including transfers of funds) For necessary expenses for forest fire presuppression activities on National Forest System lands, for emergency wildland fire suppression on or adjacent to such lands or other lands under fire protection agreement, and for emergency rehabilitation of burned-over National Forest System lands and water, $3,229,620,000, to remain available through September 30, 2022: Provided, That such funds including unobligated balances under this heading, are available for repayment of advances from other appropriations accounts previously transferred for such purposes: Provided further, That any unobligated funds appropriated in a previous fiscal year for hazardous fuels management may be transferred to the ``National Forest System'' account: Provided further, That such funds shall be available to reimburse State and other cooperating entities for services provided in response to wildfire and other emergencies or disasters to the extent such reimbursements by the Forest Service for non-fire emergencies are fully repaid by the responsible emergency management agency: Provided further, That funds provided shall be available for support to Federal emergency response: Provided further, That the costs of implementing any cooperative agreement between the Federal Government and any non-Federal entity may be shared, as mutually agreed on by the affected parties: Provided further, That funds designated for wildfire suppression, shall be assessed for cost pools on the same basis as such assessments are calculated against other agency programs. administrative provisions--forest service (including transfers of funds) Appropriations to the Forest Service for the current fiscal year shall be available for: (1) purchase of passenger motor vehicles; acquisition of passenger motor vehicles from excess sources, and hire of such vehicles; purchase, lease, operation, maintenance, and acquisition of aircraft to maintain the operable fleet for use in Forest Service wildland fire programs and other Forest Service programs; notwithstanding other provisions of law, existing aircraft being replaced may be sold, with proceeds derived or trade-in value used to offset the purchase price for the replacement aircraft; (2) services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings and other public improvements (7 U.S.C. 2250); (4) acquisition of land, waters, and interests therein pursuant to 7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt collection contracts in accordance with 31 U.S.C. 3718(c). Any appropriations or funds available to the Forest Service may be transferred to the Wildland Fire Management appropriation for forest firefighting, emergency rehabilitation of burned-over or damaged lands or waters under its jurisdiction, and fire preparedness due to severe burning conditions upon the Secretary's notification of the House and Senate Committees on Appropriations that all fire suppression funds appropriated under the heading ``Wildland Fire Management'' will be obligated within 30 days: Provided, That all funds used pursuant to this paragraph must be replenished by a supplemental appropriation which must be requested as promptly as possible. Not more than $50,000,000 of funds appropriated to the Forest Service shall be available for expenditure or transfer to the Department of the Interior for wildland fire management, hazardous fuels management, and State fire assistance when such transfers would facilitate and expedite wildland fire management programs and projects. Notwithstanding any other provision of this Act, the Forest Service may transfer unobligated balances of discretionary funds appropriated to the Forest Service by this Act to or within the National Forest System Account, or reprogram funds to be used for the purposes of hazardous fuels management and urgent rehabilitation of burned-over National Forest System lands and water, such transferred funds shall remain available through September 30, 2022: Provided, That none of the funds transferred pursuant to this section shall be available for obligation without written notification to and the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further, That this section does not apply to funds appropriated to the FLAME Wildfire Suppression Reserve Fund or funds derived from the Land and Water Conservation Fund. Funds appropriated to the Forest Service shall be available for assistance to or through the Agency for International Development in connection with forest and rangeland research, technical information, and assistance in foreign countries, and shall be available to support forestry and related natural resource activities outside the United States and its territories and possessions, including technical assistance, education and training, and cooperation with U.S., private, and international organizations. The Forest Service, acting for the International Program, may sign direct funding agreements with foreign governments and institutions as well as other domestic agencies (including the U.S. Agency for International Development, the Department of State, and the Millennium Challenge Corporation), U.S. private sector firms, institutions and organizations to provide technical assistance and training programs overseas on forestry and rangeland management. Funds appropriated to the Forest Service shall be available for expenditure or transfer to the Department of the Interior, Bureau of Land Management, for removal, preparation, and adoption of excess wild horses and burros from National Forest System lands, and for the performance of cadastral surveys to designate the boundaries of such lands. None of the funds made available to the Forest Service in this Act or any other Act with respect to any fiscal year shall be subject to transfer under the provisions of section 702(b) of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public Law 106-224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107-171 (7 U.S.C. 8316(b)). None of the funds available to the Forest Service may be reprogrammed without the advance approval of the House and Senate Committees on Appropriations in accordance with the reprogramming procedures contained in Senate report 115-276. Not more than $82,000,000 of funds available to the Forest Service shall be transferred to the Working Capital Fund of the Department of Agriculture and not more than $14,500,000 of funds available to the Forest Service shall be transferred to the Department of Agriculture for Department Reimbursable Programs, commonly referred to as Greenbook charges. Nothing in this paragraph shall prohibit or limit the use of reimbursable agreements requested by the Forest Service in order to obtain services from the Department of Agriculture's National Information Technology Center and the Department of Agriculture's International Technology Service. Of the funds available to the Forest Service, up to $5,000,000 shall be available for priority projects within the scope of the approved budget, which shall be carried out by the Youth Conservation Corps and shall be carried out under the authority of the Public Lands Corps Act of 1993 (16 U.S.C. 1721 et seq.). Of the funds available to the Forest Service, $4,000 is available to the Chief of the Forest Service for official reception and representation expenses. Pursuant to sections 405(b) and 410(b) of Public Law 101- 593, of the funds available to the Forest Service, up to $3,000,000 may be advanced in a lump sum to the National Forest Foundation to aid conservation partnership projects in support of the Forest Service mission, without regard to when the Foundation incurs expenses, for projects on or benefitting National Forest System lands or related to Forest Service programs: Provided, That of the Federal funds made available to the Foundation, no more than $300,000 shall be available for administrative expenses: Provided further, That the Foundation shall obtain, by the end of the period of Federal financial assistance, private contributions to match funds made available by the Forest Service on at least a one- for-one basis: Provided further, That the Foundation may transfer Federal funds to a Federal or a non-Federal recipient for a project at the same rate that the recipient has obtained the non-Federal matching funds. Pursuant to section 2(b)(2) of Public Law 98-244, up to $3,000,000 of the funds available to the Forest Service may be advanced to the National Fish and Wildlife Foundation in a lump sum to aid cost-share conservation [[Page H481]] projects, without regard to when expenses are incurred, on or benefitting National Forest System lands or related to Forest Service programs: Provided, That such funds shall be matched on at least a one-for-one basis by the Foundation or its sub- recipients: Provided further, That the Foundation may transfer Federal funds to a Federal or non-Federal recipient for a project at the same rate that the recipient has obtained the non-Federal matching funds. Funds appropriated to the Forest Service shall be available for interactions with and providing technical assistance to rural communities and natural resource-based businesses for sustainable rural development purposes. Funds appropriated to the Forest Service shall be available for payments to counties within the Columbia River Gorge National Scenic Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of Public Law 99-663. Any funds appropriated to the Forest Service may be used to meet the non-Federal share requirement in section 502(c) of the Older Americans Act of 1965 (42 U.S.C. 3056(c)(2)). The Forest Service shall not assess funds for the purpose of performing fire, administrative, and other facilities maintenance and decommissioning. Notwithstanding any other provision of law, of any appropriations or funds available to the Forest Service, not to exceed $500,000 may be used to reimburse the Office of the General Counsel (OGC), Department of Agriculture, for travel and related expenses incurred as a result of OGC assistance or participation requested by the Forest Service at meetings, training sessions, management reviews, land purchase negotiations and similar matters unrelated to civil litigation. Future budget justifications for both the Forest Service and the Department of Agriculture should clearly display the sums previously transferred and the sums requested for transfer. An eligible individual who is employed in any project funded under title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) and administered by the Forest Service shall be considered to be a Federal employee for purposes of chapter 171 of title 28, United States Code. Notwithstanding any other provision of this Act, through the Office of Budget and Program Analysis, the Forest Service shall report no later than 30 business days following the close of each fiscal quarter all current and prior year unobligated balances, by fiscal year, budget line item and account, to the House and Senate Committees on Appropriations. DEPARTMENT OF HEALTH AND HUMAN SERVICES Indian Health Service indian health services For expenses necessary to carry out the Act of August 5, 1954 (68 Stat. 674), the Indian Self-Determination and Education Assistance Act, the Indian Health Care Improvement Act, and titles II and III of the Public Health Service Act with respect to the Indian Health Service, $4,072,385,000, together with payments received during the fiscal year pursuant to sections 231(b) and 233 of the Public Health Service Act (42 U.S.C. 238(b), 238b), for services furnished by the Indian Health Service: Provided, That funds made available to tribes and tribal organizations through contracts, grant agreements, or any other agreements or compacts authorized by the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 450), shall be deemed to be obligated at the time of the grant or contract award and thereafter shall remain available to the tribe or tribal organization without fiscal year limitation: Provided further, That $2,000,000 shall be available for grants or contracts with public or private institutions to provide alcohol or drug treatment services to Indians, including alcohol detoxification services: Provided further, That $964,819,000 for Purchased/Referred Care, including $53,000,000 for the Indian Catastrophic Health Emergency Fund, shall remain available until expended: Provided further, That of the funds provided, up to $36,000,000 shall remain available until expended for implementation of the loan repayment program under section 108 of the Indian Health Care Improvement Act: Provided further, That of the funds provided, $15,000,000 shall remain available until expended to supplement funds available for operational costs at tribal clinics operated under an Indian Self-Determination and Education Assistance Act compact or contract where health care is delivered in space acquired through a full service lease, which is not eligible for maintenance and improvement and equipment funds from the Indian Health Service, and $58,000,000 shall be for costs related to or resulting from accreditation emergencies, of which up to $4,000,000 may be used to supplement amounts otherwise available for Purchased/ Referred Care: Provided further, That the amounts collected by the Federal Government as authorized by sections 104 and 108 of the Indian Health Care Improvement Act (25 U.S.C. 1613a and 1616a) during the preceding fiscal year for breach of contracts shall be deposited to the Fund authorized by section 108A of that Act (25 U.S.C. 1616a-1) and shall remain available until expended and, notwithstanding section 108A(c) of that Act (25 U.S.C. 1616a-1(c)), funds shall be available to make new awards under the loan repayment and scholarship programs under sections 104 and 108 of that Act (25 U.S.C. 1613a and 1616a): Provided further, That the amounts made available within this account for the Substance Abuse and Suicide Prevention Program, for opioid Prevention, Treatment and Recovery Services, for the Domestic Violence Prevention Program, for the Zero Suicide Initiative, for the housing subsidy authority for civilian employees, for aftercare pilot programs at Youth Regional Treatment Centers, to improve collections from public and private insurance at Indian Health Service and tribally operated facilities, and for accreditation emergencies shall be allocated at the discretion of the Director of the Indian Health Service and shall remain available until expended: Provided further, That funds provided in this Act may be used for annual contracts and grants for which the performance period falls within 2 fiscal years, provided the total obligation is recorded in the year the funds are appropriated: Provided further, That the amounts collected by the Secretary of Health and Human Services under the authority of title IV of the Indian Health Care Improvement Act shall remain available until expended for the purpose of achieving compliance with the applicable conditions and requirements of titles XVIII and XIX of the Social Security Act, except for those related to the planning, design, or construction of new facilities: Provided further, That funding contained herein for scholarship programs under the Indian Health Care Improvement Act shall remain available until expended: Provided further, That amounts received by tribes and tribal organizations under title IV of the Indian Health Care Improvement Act shall be reported and accounted for and available to the receiving tribes and tribal organizations until expended: Provided further, That the Bureau of Indian Affairs may collect from the Indian Health Service, and from tribes and tribal organizations operating health facilities pursuant to Public Law 93-638, such individually identifiable health information relating to disabled children as may be necessary for the purpose of carrying out its functions under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.): Provided further, That the accreditation emergency funds may be used, as needed, to carry out activities typically funded under the Indian Health Facilities account. contract support costs For payments to tribes and tribal organizations for contract support costs associated with Indian Self- Determination and Education Assistance Act agreements with the Indian Health Service for fiscal year 2019, such sums as may be necessary: Provided, That notwithstanding any other provision of law, no amounts made available under this heading shall be available for transfer to another budget account. indian health facilities For construction, repair, maintenance, improvement, and equipment of health and related auxiliary facilities, including quarters for personnel; preparation of plans, specifications, and drawings; acquisition of sites, purchase and erection of modular buildings, and purchases of trailers; and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7 of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self- Determination Act, and the Indian Health Care Improvement Act, and for expenses necessary to carry out such Acts and titles II and III of the Public Health Service Act with respect to environmental health and facilities support activities of the Indian Health Service, $877,504,000, to remain available until expended: Provided, That notwithstanding any other provision of law, funds appropriated for the planning, design, construction, renovation or expansion of health facilities for the benefit of an Indian tribe or tribes may be used to purchase land on which such facilities will be located: Provided further, That not to exceed $500,000 may be used by the Indian Health Service to purchase TRANSAM equipment from the Department of Defense for distribution to the Indian Health Service and tribal facilities: Provided further, That none of the funds appropriated to the Indian Health Service may be used for sanitation facilities construction for new homes funded with grants by the housing programs of the United States Department of Housing and Urban Development: Provided further, That not to exceed $2,700,000 from this account and the ``Indian Health Services'' account may be used by the Indian Health Service to obtain ambulances for the Indian Health Service and tribal facilities in conjunction with an existing interagency agreement between the Indian Health Service and the General Services Administration: Provided further, That not to exceed $500,000 may be placed in a Demolition Fund, to remain available until expended, and be used by the Indian Health Service for the demolition of Federal buildings. administrative provisions--indian health service Appropriations provided in this Act to the Indian Health Service shall be available for services as authorized by 5 U.S.C. 3109 at rates not to exceed the per diem rate equivalent to the maximum rate payable for senior-level positions under 5 U.S.C. 5376; hire of passenger motor vehicles and aircraft; purchase of medical equipment; purchase of reprints; purchase, renovation and erection of modular buildings and renovation of existing facilities; payments for telephone service in private residences in the field, when authorized under regulations approved by the Secretary of Health and Human Services; uniforms or allowances therefor as authorized [[Page H482]] by 5 U.S.C. 5901-5902; and for expenses of attendance at meetings that relate to the functions or activities of the Indian Health Service: Provided, That in accordance with the provisions of the Indian Health Care Improvement Act, non- Indian patients may be extended health care at all tribally administered or Indian Health Service facilities, subject to charges, and the proceeds along with funds recovered under the Federal Medical Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to the account of the facility providing the service and shall be available without fiscal year limitation: Provided further, That notwithstanding any other law or regulation, funds transferred from the Department of Housing and Urban Development to the Indian Health Service shall be administered under Public Law 86-121, the Indian Sanitation Facilities Act and Public Law 93-638: Provided further, That funds appropriated to the Indian Health Service in this Act, except those used for administrative and program direction purposes, shall not be subject to limitations directed at curtailing Federal travel and transportation: Provided further, That none of the funds made available to the Indian Health Service in this Act shall be used for any assessments or charges by the Department of Health and Human Services unless identified in the budget justification and provided in this Act, or approved by the House and Senate Committees on Appropriations through the reprogramming process: Provided further, That notwithstanding any other provision of law, funds previously or herein made available to a tribe or tribal organization through a contract, grant, or agreement authorized by title I or title V of the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 5321 et seq. (title I), 5381 et seq. (title V)), may be deobligated and reobligated to a self-determination contract under title I, or a self-governance agreement under title V of such Act and thereafter shall remain available to the tribe or tribal organization without fiscal year limitation: Provided further, That none of the funds made available to the Indian Health Service in this Act shall be used to implement the final rule published in the Federal Register on September 16, 1987, by the Department of Health and Human Services, relating to the eligibility for the health care services of the Indian Health Service until the Indian Health Service has submitted a budget request reflecting the increased costs associated with the proposed final rule, and such request has been included in an appropriations Act and enacted into law: Provided further, That with respect to functions transferred by the Indian Health Service to tribes or tribal organizations, the Indian Health Service is authorized to provide goods and services to those entities on a reimbursable basis, including payments in advance with subsequent adjustment, and the reimbursements received therefrom, along with the funds received from those entities pursuant to the Indian Self-Determination Act, may be credited to the same or subsequent appropriation account from which the funds were originally derived, with such amounts to remain available until expended: Provided further, That reimbursements for training, technical assistance, or services provided by the Indian Health Service will contain total costs, including direct, administrative, and overhead costs associated with the provision of goods, services, or technical assistance: Provided further, That the Indian Health Service may provide to civilian medical personnel serving in hospitals operated by the Indian Health Service housing allowances equivalent to those that would be provided to members of the Commissioned Corps of the United States Public Health Service serving in similar positions at such hospitals: Provided further, That the appropriation structure for the Indian Health Service may not be altered without advance notification to the House and Senate Committees on Appropriations. National Institutes of Health national institute of environmental health sciences For necessary expenses for the National Institute of Environmental Health Sciences in carrying out activities set forth in section 311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the Superfund Amendments and Reauthorization Act of 1986, $78,349,000. Agency for Toxic Substances and Disease Registry toxic substances and environmental public health For necessary expenses for the Agency for Toxic Substances and Disease Registry (ATSDR) in carrying out activities set forth in sections 104(i) and 111(c)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) and section 3019 of the Solid Waste Disposal Act, $74,691,000: Provided, That notwithstanding any other provision of law, in lieu of performing a health assessment under section 104(i)(6) of CERCLA, the Administrator of ATSDR may conduct other appropriate health studies, evaluations, or activities, including, without limitation, biomedical testing, clinical evaluations, medical monitoring, and referral to accredited healthcare providers: Provided further, That in performing any such health assessment or health study, evaluation, or activity, the Administrator of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of CERCLA: Provided further, That none of the funds appropriated under this heading shall be available for ATSDR to issue in excess of 40 toxicological profiles pursuant to section 104(i) of CERCLA during fiscal year 2019, and existing profiles may be updated as necessary. OTHER RELATED AGENCIES Executive Office of the President council on environmental quality and office of environmental quality For necessary expenses to continue functions assigned to the Council on Environmental Quality and Office of Environmental Quality pursuant to the National Environmental Policy Act of 1969, the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not to exceed $750 for official reception and representation expenses, $3,005,000: Provided, That notwithstanding section 202 of the National Environmental Policy Act of 1970, the Council shall consist of one member, appointed by the President, by and with the advice and consent of the Senate, serving as chairman and exercising all powers, functions, and duties of the Council. Chemical Safety and Hazard Investigation Board salaries and expenses For necessary expenses in carrying out activities pursuant to section 112(r)(6) of the Clean Air Act, including hire of passenger vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902, and for services authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed the per diem equivalent to the maximum rate payable for senior level positions under 5 U.S.C. 5376, $11,000,000: Provided, That the Chemical Safety and Hazard Investigation Board (Board) shall have not more than three career Senior Executive Service positions: Provided further, That notwithstanding any other provision of law, the individual appointed to the position of Inspector General of the Environmental Protection Agency (EPA) shall, by virtue of such appointment, also hold the position of Inspector General of the Board: Provided further, That notwithstanding any other provision of law, the Inspector General of the Board shall utilize personnel of the Office of Inspector General of EPA in performing the duties of the Inspector General of the Board, and shall not appoint any individuals to positions within the Board. Office of Navajo and Hopi Indian Relocation salaries and expenses For necessary expenses of the Office of Navajo and Hopi Indian Relocation as authorized by Public Law 93-531, $7,400,000, to remain available until expended: Provided, That funds provided in this or any other appropriations Act are to be used to relocate eligible individuals and groups including evictees from District 6, Hopi-partitioned lands residents, those in significantly substandard housing, and all others certified as eligible and not included in the preceding categories: Provided further, That none of the funds contained in this or any other Act may be used by the Office of Navajo and Hopi Indian Relocation to evict any single Navajo or Navajo family who, as of November 30, 1985, was physically domiciled on the lands partitioned to the Hopi Tribe unless a new or replacement home is provided for such household: Provided further, That no relocatee will be provided with more than one new or replacement home: Provided further, That the Office shall relocate any certified eligible relocatees who have selected and received an approved homesite on the Navajo reservation or selected a replacement residence off the Navajo reservation or on the land acquired pursuant to section 11 of Public Law 93-531 (88 Stat. 1716). Institute of American Indian and Alaska Native Culture and Arts Development payment to the institute For payment to the Institute of American Indian and Alaska Native Culture and Arts Development, as authorized by part A of title XV of Public Law 99-498 (20 U.S.C. 4411 et seq.), $9,960,000, which shall become available on July 1, 2019, and shall remain available until September 30, 2020. Smithsonian Institution salaries and expenses For necessary expenses of the Smithsonian Institution, as authorized by law, including research in the fields of art, science, and history; development, preservation, and documentation of the National Collections; presentation of public exhibits and performances; collection, preparation, dissemination, and exchange of information and publications; conduct of education, training, and museum assistance programs; maintenance, alteration, operation, lease agreements of no more than 30 years, and protection of buildings, facilities, and approaches; not to exceed $100,000 for services as authorized by 5 U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for employees, $739,894,000, to remain available until September 30, 2020, except as otherwise provided herein; of which not to exceed $6,917,000 for the instrumentation program, collections acquisition, exhibition reinstallation, and the repatriation of skeletal remains program shall remain available until expended; and including such funds as may be necessary to support American overseas research centers: Provided, That funds appropriated herein are available for advance payments to independent contractors performing research services or participating in official Smithsonian presentations. [[Page H483]] facilities capital For necessary expenses of repair, revitalization, and alteration of facilities owned or occupied by the Smithsonian Institution, by contract or otherwise, as authorized by section 2 of the Act of August 22, 1949 (63 Stat. 623), and for construction, including necessary personnel, $303,503,000, to remain available until expended, of which not to exceed $10,000 shall be for services as authorized by 5 U.S.C. 3109. National Gallery of Art salaries and expenses For the upkeep and operations of the National Gallery of Art, the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March 24, 1937 (50 Stat. 51), as amended by the public resolution of April 13, 1939 (Public Resolution 9, Seventy-sixth Congress), including services as authorized by 5 U.S.C. 3109; payment in advance when authorized by the treasurer of the Gallery for membership in library, museum, and art associations or societies whose publications or services are available to members only, or to members at a price lower than to the general public; purchase, repair, and cleaning of uniforms for guards, and uniforms, or allowances therefor, for other employees as authorized by law (5 U.S.C. 5901-5902); purchase or rental of devices and services for protecting buildings and contents thereof, and maintenance, alteration, improvement, and repair of buildings, approaches, and grounds; and purchase of services for restoration and repair of works of art for the National Gallery of Art by contracts made, without advertising, with individuals, firms, or organizations at such rates or prices and under such terms and conditions as the Gallery may deem proper, $144,202,000, to remain available until September 30, 2020, of which not to exceed $3,620,000 for the special exhibition program shall remain available until expended. repair, restoration and renovation of buildings For necessary expenses of repair, restoration and renovation of buildings, grounds and facilities owned or occupied by the National Gallery of Art, by contract or otherwise, for operating lease agreements of no more than 10 years, with no extensions or renewals beyond the 10 years, that address space needs created by the ongoing renovations in the Master Facilities Plan, as authorized, $23,000,000, to remain available until expended: Provided, That contracts awarded for environmental systems, protection systems, and exterior repair or renovation of buildings of the National Gallery of Art may be negotiated with selected contractors and awarded on the basis of contractor qualifications as well as price. John F. Kennedy Center for the Performing Arts operations and maintenance For necessary expenses for the operation, maintenance and security of the John F. Kennedy Center for the Performing Arts, $24,490,000. capital repair and restoration For necessary expenses for capital repair and restoration of the existing features of the building and site of the John F. Kennedy Center for the Performing Arts, $16,800,000, to remain available until expended. Woodrow Wilson International Center for Scholars salaries and expenses For expenses necessary in carrying out the provisions of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of passenger vehicles and services as authorized by 5 U.S.C. 3109, $12,000,000, to remain available until September 30, 2020. National Foundation on the Arts and the Humanities National Endowment for the Arts grants and administration For necessary expenses to carry out the National Foundation on the Arts and the Humanities Act of 1965, $155,000,000 shall be available to the National Endowment for the Arts for the support of projects and productions in the arts, including arts education and public outreach activities, through assistance to organizations and individuals pursuant to section 5 of the Act, for program support, and for administering the functions of the Act, to remain available until expended. National Endowment for the Humanities grants and administration For necessary expenses to carry out the National Foundation on the Arts and the Humanities Act of 1965, $155,000,000 to remain available until expended, of which $143,700,000 shall be available for support of activities in the humanities, pursuant to section 7(c) of the Act and for administering the functions of the Act; and $11,300,000 shall be available to carry out the matching grants program pursuant to section 10(a)(2) of the Act, including $9,100,000 for the purposes of section 7(h): Provided, That appropriations for carrying out section 10(a)(2) shall be available for obligation only in such amounts as may be equal to the total amounts of gifts, bequests, devises of money, and other property accepted by the chairman or by grantees of the National Endowment for the Humanities under the provisions of sections 11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal years for which equal amounts have not previously been appropriated. Administrative Provisions None of the funds appropriated to the National Foundation on the Arts and the Humanities may be used to process any grant or contract documents which do not include the text of 18 U.S.C. 1913: Provided, That none of the funds appropriated to the National Foundation on the Arts and the Humanities may be used for official reception and representation expenses: Provided further, That funds from nonappropriated sources may be used as necessary for official reception and representation expenses: Provided further, That the Chairperson of the National Endowment for the Arts may approve grants of up to $10,000, if in the aggregate the amount of such grants does not exceed 5 percent of the sums appropriated for grantmaking purposes per year: Provided further, That such small grant actions are taken pursuant to the terms of an expressed and direct delegation of authority from the National Council on the Arts to the Chairperson. Commission of Fine Arts salaries and expenses For expenses of the Commission of Fine Arts under chapter 91 of title 40, United States Code, $2,771,000: Provided, That the Commission is authorized to charge fees to cover the full costs of its publications, and such fees shall be credited to this account as an offsetting collection, to remain available until expended without further appropriation: Provided further, That the Commission is authorized to accept gifts, including objects, papers, artwork, drawings and artifacts, that pertain to the history and design of the Nation's Capital or the history and activities of the Commission of Fine Arts, for the purpose of artistic display, study, or education: Provided further, That one-tenth of one percent of the funds provided under this heading may be used for official reception and representation expenses. national capital arts and cultural affairs For necessary expenses as authorized by Public Law 99-190 (20 U.S.C. 956a), $2,750,000. Advisory Council on Historic Preservation salaries and expenses For necessary expenses of the Advisory Council on Historic Preservation (Public Law 89-665), $6,440,000. National Capital Planning Commission salaries and expenses For necessary expenses of the National Capital Planning Commission under chapter 87 of title 40, United States Code, including services as authorized by 5 U.S.C. 3109, $7,948,000: Provided, That one-quarter of 1 percent of the funds provided under this heading may be used for official reception and representational expenses associated with hosting international visitors engaged in the planning and physical development of world capitals. United States Holocaust Memorial Museum holocaust memorial museum For expenses of the Holocaust Memorial Museum, as authorized by Public Law 106-292 (36 U.S.C. 2301-2310), $59,500,000, of which $1,715,000 shall remain available until September 30, 2021, for the Museum's equipment replacement program; and of which $4,000,000 for the Museum's repair and rehabilitation program and $1,500,000 for the Museum's outreach initiatives program shall remain available until expended. Dwight d. Eisenhower Memorial Commission salaries and expenses For necessary expenses of the Dwight D. Eisenhower Memorial Commission, $1,800,000, to remain available until expended. women's suffrage centennial commission For necessary expenses for the Women's Suffrage Centennial Commission, as authorized by the Women's Suffrage Centennial Commission Act (section 431(a)(3) of division G of Public Law 115-31), $1,000,000, to remain available until expended. world war i centennial commission salaries and expenses Notwithstanding section 9 of the World War I Centennial Commission Act, as authorized by the World War I Centennial Commission Act (Public Law 112-272) and the Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291), for necessary expenses of the World War I Centennial Commission, $7,000,000, to remain available until expended: Provided, That in addition to the authority provided by section 6(g) of such Act, the World War I Commission may accept money, in- kind personnel services, contractual support, or any appropriate support from any executive branch agency for activities of the Commission. TITLE IV GENERAL PROVISIONS (including transfers of funds) restriction on use of funds Sec. 401. No part of any appropriation contained in this Act shall be available for any activity or the publication or distribution of literature that in any way tends to promote public support or opposition to any legislative proposal on which Congressional action is not complete other than to communicate to Members of Congress as described in 18 U.S.C. 1913. [[Page H484]] obligation of appropriations Sec. 402. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. disclosure of administrative expenses Sec. 403. The amount and basis of estimated overhead charges, deductions, reserves or holdbacks, including working capital fund and cost pool charges, from programs, projects, activities and subactivities to support government-wide, departmental, agency, or bureau administrative functions or headquarters, regional, or central operations shall be presented in annual budget justifications and subject to approval by the Committees on Appropriations of the House of Representatives and the Senate. Changes to such estimates shall be presented to the Committees on Appropriations for approval. mining applications Sec. 404. (a) Limitation of Funds.--None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to accept or process applications for a patent for any mining or mill site claim located under the general mining laws. (b) Exceptions.--Subsection (a) shall not apply if the Secretary of the Interior determines that, for the claim concerned (1) a patent application was filed with the Secretary on or before September 30, 1994; and (2) all requirements established under sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims, sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337 of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the case may be, were fully complied with by the applicant by that date. (c) Report.--On September 30, 2020, the Secretary of the Interior shall file with the House and Senate Committees on Appropriations and the Committee on Natural Resources of the House and the Committee on Energy and Natural Resources of the Senate a report on actions taken by the Department under the plan submitted pursuant to section 314(c) of the Department of the Interior and Related Agencies Appropriations Act, 1997 (Public Law 104-208). (d) Mineral Examinations.--In order to process patent applications in a timely and responsible manner, upon the request of a patent applicant, the Secretary of the Interior shall allow the applicant to fund a qualified third-party contractor to be selected by the Director of the Bureau of Land Management to conduct a mineral examination of the mining claims or mill sites contained in a patent application as set forth in subsection (b). The Bureau of Land Management shall have the sole responsibility to choose and pay the third-party contractor in accordance with the standard procedures employed by the Bureau of Land Management in the retention of third-party contractors. contract support costs, prior year limitation Sec. 405. Sections 405 and 406 of division F of the Consolidated and Further Continuing Appropriations Act, 2015 (Public Law 113-235) shall continue in effect in fiscal year 2019. contract support costs, fiscal year 2019 limitation Sec. 406. Amounts provided by this Act for fiscal year 2019 under the headings ``Department of Health and Human Services, Indian Health Service, Contract Support Costs'' and ``Department of the Interior, Bureau of Indian Affairs and Bureau of Indian Education, Contract Support Costs'' are the only amounts available for contract support costs arising out of self-determination or self-governance contracts, grants, compacts, or annual funding agreements for fiscal year 2019 with the Bureau of Indian Affairs or the Indian Health Service: Provided, That such amounts provided by this Act are not available for payment of claims for contract support costs for prior years, or for repayments of payments for settlements or judgments awarding contract support costs for prior years. forest management plans Sec. 407. The Secretary of Agriculture shall not be considered to be in violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years have passed without revision of the plan for a unit of the National Forest System. Nothing in this section exempts the Secretary from any other requirement of the Forest and Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or any other law: Provided, That if the Secretary is not acting expeditiously and in good faith, within the funding available, to revise a plan for a unit of the National Forest System, this section shall be void with respect to such plan and a court of proper jurisdiction may order completion of the plan on an accelerated basis. prohibition within national monuments Sec. 408. No funds provided in this Act may be expended to conduct preleasing, leasing and related activities under either the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary existed on January 20, 2001, except where such activities are allowed under the Presidential proclamation establishing such monument. limitation on takings Sec. 409. Unless otherwise provided herein, no funds appropriated in this Act for the acquisition of lands or interests in lands may be expended for the filing of declarations of taking or complaints in condemnation without the approval of the House and Senate Committees on Appropriations: Provided, That this provision shall not apply to funds appropriated to implement the Everglades National Park Protection and Expansion Act of 1989, or to funds appropriated for Federal assistance to the State of Florida to acquire lands for Everglades restoration purposes. timber sale requirements Sec. 410. No timber sale in Alaska's Region 10 shall be advertised if the indicated rate is deficit (defined as the value of the timber is not sufficient to cover all logging and stumpage costs and provide a normal profit and risk allowance under the Forest Service's appraisal process) when appraised using a residual value appraisal. The western red cedar timber from those sales which is surplus to the needs of the domestic processors in Alaska, shall be made available to domestic processors in the contiguous 48 United States at prevailing domestic prices. All additional western red cedar volume not sold to Alaska or contiguous 48 United States domestic processors may be exported to foreign markets at the election of the timber sale holder. All Alaska yellow cedar may be sold at prevailing export prices at the election of the timber sale holder. prohibition on no-bid contracts Sec. 411. None of the funds appropriated or otherwise made available by this Act to executive branch agencies may be used to enter into any Federal contract unless such contract is entered into in accordance with the requirements of Chapter 33 of title 41, United States Code, or Chapter 137 of title 10, United States Code, and the Federal Acquisition Regulation, unless-- (1) Federal law specifically authorizes a contract to be entered into without regard for these requirements, including formula grants for States, or federally recognized Indian tribes; or (2) such contract is authorized by the Indian Self- Determination and Education Assistance Act (Public Law 93- 638, 25 U.S.C. 450 et seq.) or by any other Federal laws that specifically authorize a contract within an Indian tribe as defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or (3) such contract was awarded prior to the date of enactment of this Act. posting of reports Sec. 412. (a) Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public website of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head of the agency that it shall serve the national interest. (b) Subsection (a) shall not apply to a report if-- (1) the public posting of the report compromises national security; or (2) the report contains proprietary information. (c) The head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days. national endowment for the arts grant guidelines Sec. 413. Of the funds provided to the National Endowment for the Arts-- (1) The Chairperson shall only award a grant to an individual if such grant is awarded to such individual for a literature fellowship, National Heritage Fellowship, or American Jazz Masters Fellowship. (2) The Chairperson shall establish procedures to ensure that no funding provided through a grant, except a grant made to a State or local arts agency, or regional group, may be used to make a grant to any other organization or individual to conduct activity independent of the direct grant recipient. Nothing in this subsection shall prohibit payments made in exchange for goods and services. (3) No grant shall be used for seasonal support to a group, unless the application is specific to the contents of the season, including identified programs or projects. national endowment for the arts program priorities Sec. 414. (a) In providing services or awarding financial assistance under the National Foundation on the Arts and the Humanities Act of 1965 from funds appropriated under this Act, the Chairperson of the National Endowment for the Arts shall ensure that priority is given to providing services or awarding financial assistance for projects, productions, workshops, or programs that serve underserved populations. (b) In this section: (1) The term ``underserved population'' means a population of individuals, including urban minorities, who have historically been outside the purview of arts and humanities programs due to factors such as a high incidence of income below the poverty line or to geographic isolation. (2) The term ``poverty line'' means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. [[Page H485]] 9902(2))) applicable to a family of the size involved. (c) In providing services and awarding financial assistance under the National Foundation on the Arts and Humanities Act of 1965 with funds appropriated by this Act, the Chairperson of the National Endowment for the Arts shall ensure that priority is given to providing services or awarding financial assistance for projects, productions, workshops, or programs that will encourage public knowledge, education, understanding, and appreciation of the arts. (d) With funds appropriated by this Act to carry out section 5 of the National Foundation on the Arts and Humanities Act of 1965-- (1) the Chairperson shall establish a grant category for projects, productions, workshops, or programs that are of national impact or availability or are able to tour several States; (2) the Chairperson shall not make grants exceeding 15 percent, in the aggregate, of such funds to any single State, excluding grants made under the authority of paragraph (1); (3) the Chairperson shall report to the Congress annually and by State, on grants awarded by the Chairperson in each grant category under section 5 of such Act; and (4) the Chairperson shall encourage the use of grants to improve and support community-based music performance and education. status of balances of appropriations Sec. 415. The Department of the Interior, the Environmental Protection Agency, the Forest Service, and the Indian Health Service shall provide the Committees on Appropriations of the House of Representatives and Senate quarterly reports on the status of balances of appropriations including all uncommitted, committed, and unobligated funds in each program and activity. prohibition on use of funds Sec. 416. Notwithstanding any other provision of law, none of the funds made available in this Act or any other Act may be used to promulgate or implement any regulation requiring the issuance of permits under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for carbon dioxide, nitrous oxide, water vapor, or methane emissions resulting from biological processes associated with livestock production. greenhouse gas reporting restrictions Sec. 417. Notwithstanding any other provision of law, none of the funds made available in this or any other Act may be used to implement any provision in a rule, if that provision requires mandatory reporting of greenhouse gas emissions from manure management systems. funding prohibition Sec. 418. None of the funds made available by this or any other Act may be used to regulate the lead content of ammunition, ammunition components, or fishing tackle under the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or any other law. contracting authorities Sec. 419. Section 412 of Division E of Public Law 112-74 is amended by striking ``fiscal year 2019'' and inserting ``fiscal year 2020''. extension of grazing permits Sec. 420. The terms and conditions of section 325 of Public Law 108-108 (117 Stat. 1307), regarding grazing permits issued by the Forest Service on any lands not subject to administration under section 402 of the Federal Lands Policy and Management Act (43 U.S.C. 1752), shall remain in effect for fiscal year 2019. funding prohibition Sec. 421. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network is designed to block access to pornography websites. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. forest service facility realignment and enhancement act Sec. 422. Section 503(f) of the Forest Service Facility Realignment and Enhancement Act of 2005 (16 U.S.C. 580d note; Public Law 109-54) is amended by striking ``2018'' and inserting ``2019''. use of american iron and steel Sec. 423. (a)(1) None of the funds made available by a State water pollution control revolving fund as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j- 12) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States. (2) In this section, the term ``iron and steel'' products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. (b) Subsection (a) shall not apply in any case or category of cases in which the Administrator of the Environmental Protection Agency (in this section referred to as the ``Administrator'') finds that-- (1) applying subsection (a) would be inconsistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the Administrator receives a request for a waiver under this section, the Administrator shall make available to the public on an informal basis a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Administrator shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Environmental Protection Agency. (d) This section shall be applied in a manner consistent with United States obligations under international agreements. (e) The Administrator may retain up to 0.25 percent of the funds appropriated in this Act for the Clean and Drinking Water State Revolving Funds for carrying out the provisions described in subsection (a)(1) for management and oversight of the requirements of this section. midway island Sec. 424. None of the funds made available by this Act may be used to destroy any buildings or structures on Midway Island that have been recommended by the United States Navy for inclusion in the National Register of Historic Places (54 U.S.C. 302101). john f. kennedy center reauthorization Sec. 425. Section 13 of the John F. Kennedy Center Act (20 U.S.C. 76r) is amended by striking subsections (a) and (b) and inserting the following: ``(a) Maintenance, Repair, and Security.--There is authorized to be appropriated to the Board to carry out section 4(a)(1)(H), $24,490,000 for fiscal year 2019. ``(b) Capital Projects.--There is authorized to be appropriated to the Board to carry out subparagraphs (F) and (G) of section 4(a)(1), $16,800,000 for fiscal year 2019.''. local cooperator training agreements and transfers of excess equipment and supplies for wildfires Sec. 426. The Secretary of the Interior is authorized to enter into grants and cooperative agreements with volunteer fire departments, rural fire departments, rangeland fire protection associations, and similar organizations to provide for wildland fire training and equipment, including supplies and communication devices. Notwithstanding 121(c) of title 40, United States Code, or section 521 of title 40, United States Code, the Secretary is further authorized to transfer title to excess Department of the Interior firefighting equipment no longer needed to carry out the functions of the Department's wildland fire management program to such organizations. infrastructure Sec. 427. (a) For an additional amount for ``Environmental Protection Agency--Hazardous Substance Superfund'', $43,000,000, of which $38,000,000 shall be for the Superfund Remedial program and $5,000,000 shall be for the Superfund Emergency Response and Removal program, to remain available until expended, consisting of such sums as are available in the Trust Fund on September 30, 2018, as authorized by section 517(a) of the Superfund Amendments and Reauthorization Act of 1986 (SARA) and up to $43,000,000 as a payment from general revenues to the Hazardous Substance Superfund for purposes as authorized by section 517(b) of SARA. (b) For an additional amount for ``Environmental Protection Agency--State and Tribal Assistance Grants,'' for environmental programs and infrastructure assistance, including capitalization grants for State revolving funds and performance partnership grants, $670,000,000 to remain available until expended, of which-- (1) $300,000,000 shall be for making capitalization grants for the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act; and of which $300,000,000 shall be for making capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act; (2) $30,000,000 shall be for grants for small and disadvantaged communities authorized in section 2104 of the Water Infrastructure Improvements for the Nation Act (Public Law 114-322); (3) $25,000,000 shall be for grants for lead testing in school and child care program drinking water authorized in section 2107 of the Water Infrastructure Improvements for the Nation Act (Public Law 114-322); (4) $15,000,000 shall be for grants for reducing lead in drinking water authorized in section 2105 of the Water Infrastructure Improvements for the Nation Act (Public Law 114-322). (c) For an additional amount for ``Environmental Protection Agency--Water Infrastructure Finance and Innovation Program Account'', $53,000,000, to remain available until expended, for the cost of direct loans, for the cost of guaranteed loans, and for administrative expenses to carry out the direct and guaranteed loan programs, of which $3,000,000, to remain available until September 30, 2020, may be used for such administrative expenses: Provided, That these additional funds are available to subsidize gross [[Page H486]] obligations for the principal amount of direct loans, including capitalized interest, and total loan principal, including capitalized interest, any part of which is to be guaranteed, not to exceed $6,100,000,000. policies relating to biomass energy Sec. 428. To support the key role that forests in the United States can play in addressing the energy needs of the United States, the Secretary of Energy, the Secretary of Agriculture, and the Administrator of the Environmental Protection Agency shall, consistent with their missions, jointly-- (1) ensure that Federal policy relating to forest bioenergy-- (A) is consistent across all Federal departments and agencies; and (B) recognizes the full benefits of the use of forest biomass for energy, conservation, and responsible forest management; and (2) establish clear and simple policies for the use of forest biomass as an energy solution, including policies that-- (A) reflect the carbon-neutrality of forest bioenergy and recognize biomass as a renewable energy source, provided the use of forest biomass for energy production does not cause conversion of forests to non-forest use; (B) encourage private investment throughout the forest biomass supply chain, including in-- (i) working forests; (ii) harvesting operations; (iii) forest improvement operations; (iv) forest bioenergy production; (v) wood products manufacturing; or (vi) paper manufacturing; (C) encourage forest management to improve forest health; and (D) recognize State initiatives to produce and use forest biomass. clarification of exemptions Sec. 429. None of the funds made available in this Act may be used to require a permit for the discharge of dredged or fill material under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) for the activities identified in subparagraphs (A) and (C) of section 404(f)(1) of the Act (33 U.S.C. 1344(f)(1)(A), (C)). small remote incinerators Sec. 430. None of the funds made available in this Act may be used to implement or enforce the regulation issued on March 21, 2011 at 40 CFR part 60 subparts CCCC and DDDD with respect to units in the State of Alaska that are defined as ``small, remote incinerator'' units in those regulations and, until a subsequent regulation is issued, the Administrator shall implement the law and regulations in effect prior to such date. recreation fees Sec. 431. Section 810 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6809) shall be applied by substituting ``October 1, 2020'' for ``September 30, 2019''. Sec. 432. (a) None of the funds appropriated or otherwise made available under this Act may be used by the Department of the Interior, the Environmental Protection Agency, the Forest Service, the Indian Health Service, or the Smithsonian Institution to acquire telecommunications equipment produced by Huawei Technologies Company, ZTE Corporation or a high- impact or moderate-impact information system, as defined for security categorization in the National Institute of Standards and Technology's (NIST) Federal Information Processing Standard Publication 199, ``Standards for Security Categorization of Federal Information and Information Systems'' unless the agency has-- (1) reviewed the supply chain risk for the information systems against criteria developed by NIST to inform acquisition decisions for high-impact and moderate-impact information systems within the Federal Government; (2) reviewed the supply chain risk from the presumptive awardee against available and relevant threat information provided by the Federal Bureau of Investigation and other appropriate agencies; and (3) in consultation with the Federal Bureau of Investigation or other appropriate Federal entity, conducted an assessment of any risk of cyber-espionage or sabotage associated with the acquisition of such system, including any risk associated with such system being produced, manufactured, or assembled by one or more entities identified by the United States Government as posing a cyber threat, including but not limited to, those that may be owned, directed, or subsidized by the People's Republic of China, the Islamic Republic of Iran, the Democratic People's Republic of Korea, or the Russian Federation. (b) None of the funds appropriated or otherwise made available under this Act may be used to acquire a high-impact or moderate impact information system reviewed and assessed under subsection (a) unless the head of the assessing entity described in subsection (a) has-- (1) developed, in consultation with NIST and supply chain risk management experts, a mitigation strategy for any identified risks; (2) determined, in consultation with NIST and the Federal Bureau of Investigation, that the acquisition of such system is in the vital national security interest of the United States; and (3) reported that determination to the Committees on Appropriations of the House of Representatives and the Senate in a manner that identifies the system intended for acquisition and a detailed description of the mitigation strategies identified in (1), provided that such report may include a classified annex as necessary. Sec. 433. Within available funds, not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall issue a report on efforts by the Department of Housing and Urban Development and the Environmental Protection Agency relating to the removal of lead-based paint and other hazardous materials, which shall include-- (1) a description of direct removal efforts by the Department of Housing and Urban Development and the Environmental Protection Agency; (2) a description of education provided by the Department of Housing and Urban Development and the Environmental Protection Agency to other Federal agencies, local governments and communities, recipients of grants made by either entity, and the general public relating to the removal of lead-based paint and other hazardous materials; (3) a description of assistance received from other Federal agencies relating to the removal of lead-based paint and other hazardous materials; and (4) any best practices developed or provided by the Department of Housing and Urban Development and the Environmental Protection Agency relating to the removal of lead-based paint and other hazardous materials. Sec. 434. (a) Within available funds for the National Forest System, the Secretary of Agriculture shall conduct an inventory and evaluation of certain land, as generally depicted on the map entitled ``Flatside Wilderness Adjacent Inventory Areas'' and dated November 30, 2017, to determine the suitability of that land for inclusion in the National Wilderness Preservation System. (b) The Chief of the Forest Service shall submit to the Committees on Agriculture, Nutrition, and Forestry, Appropriations, and Energy and Natural Resources of the Senate the results of the inventory and evaluation required under subsection (a). addressing pediatric cancer rates in the united states Sec. 435. (a) Report Identifying Geographic Variation of Types of Pediatric Cancer.--Using funds appropriated under the heading ``Toxic Substances and Environmental Health'' for the Agency for Toxic Substances and Disease Registry, the Secretary of Health and Human Services, not later than 180 days after the date of enactment of this Act, shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Appropriations of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Appropriations of the House of Representatives, a report that provides details on the geographic variation in pediatric cancer incidence in the United States, including-- (1) the types of pediatric cancer within each of the 10 States with the highest age-adjusted incidence rate of cancer among persons aged 20 years or younger; (2) geographic concentrations of types and prevalence of pediatric cancers within each such State, in accordance with Centers for Disease Control and Prevention guidelines; and (3) an update on current activities related to pediatric cancer, including with respect to carrying out section 399V-6 of the Public Health Service Act (42 U.S.C. 280g-17). (b) Support for States With High Incidence of Pediatric Cancer.--Using funds appropriated under the heading ``Toxic Substances and Environmental Public Health'' for the Agency for Toxic Substances and Disease Registry, the Secretary of Health and Human Services may conduct public outreach, in collaboration with State departments of health, particularly in the 10 States with the highest age-adjusted incidence rate of cancer among persons aged 20 years or younger, to improve awareness by residents, clinicians, and others, as appropriate, of possible contributing factors to pediatric cancer, including environmental exposures, in a manner that is complementary of, and does not conflict with, ongoing pediatric cancer-related activities supported by the Department of Health and Human Services. (c) Privacy.--The Secretary of Health and Human Services shall ensure that all information with respect to patients that is contained in the reports under this section is de- identified and protects personal privacy of such patients in accordance with applicable Federal and State privacy law. explanatory statement Sec. 436. The explanatory statement regarding division A of H.R. 21, printed in the Congressional Record on January 3, 2019, and submitted by the Chair of the Committee on Appropriations, shall have the same effect with respect to allocation of funds and implementation of this Act as if it were a joint explanatory statement of a committee of conference. compensation for federal employees furloughed during a government shutdown Sec. 437. (a) Employees furloughed as a result of any lapse in appropriations beginning on or about December 22, 2018 and ending on the date of enactment of this Act shall be compensated at their standard rate of compensation, for the period of such lapse in appropriations, as soon as practicable after such lapse in appropriations ends. (b) For purposes of this section, ``employees'' means any Federal employees whose salaries and expenses are provided in this Act. [[Page H487]] (c) All obligations incurred in anticipation of the appropriations made and authority granted by this Act for the purposes of maintaining the essential level of activity to protect life and property and bringing about orderly termination of Government functions, and for purposes as otherwise authorized by law, are hereby ratified and approved if otherwise in accord with the provisions of this Act. states, territories, possessions and other federal grantees impacted by a government shutdown Sec. 438. (a) If a State (or another Federal grantee) used State funds (or the grantee's non-Federal funds) to continue carrying out a Federal program or furloughed State employees (or the grantee's employees) whose compensation is advanced or reimbursed in whole or in part by the Federal Government-- (1) such furloughed employees shall be compensated at their standard rate of compensation for such period; (2) the State (or such other grantee) shall be reimbursed for expenses that would have been paid by the Federal Government during such period had appropriations been available, including the cost of compensating such furloughed employees, together with interest thereon calculated under section 6503(d) of title 31, United States Code; and (3) the State (or such other grantee) may use funds available to the State (or the grantee) under such Federal program to reimburse such State (or the grantee), together with interest thereon calculated under section 6503(d) of title 31, United States Code. (b) For purposes of this section, the term ``State'' and the term ``grantee,'' including United States territories and possessions, shall have the meaning given such terms under the applicable Federal program under subsection (a). In addition, ``to continue carrying out a Federal program'' means the continued performance by a State or other Federal grantee, during the period of a lapse in appropriations, of a Federal program that the State or such other grantee had been carrying out prior to the period of the lapse in appropriations. (c) The authority under this section applies with respect to any period in fiscal year 2019 (not limited to periods beginning or ending after the date of the enactment of this Act) during which there occurs a lapse in appropriations with respect to any department or agency of the Federal Government receiving funding in this Act which, but for such lapse in appropriations, would have paid, or made reimbursement relating to, any of the expenses referred to in this section with respect to the program involved. Payments and reimbursements under this authority shall be made only to the extent and in amounts provided in advance in appropriations Acts. This Act may be cited as the ``Department of the Interior, Environment, and Related Agencies Appropriations Act, 2019''. The SPEAKER pro tempore. The bill shall be debatable for 1 hour, equally divided and controlled by the chair and ranking minority member of the Committee on Appropriations or their respective designees. The gentlewoman from Minnesota (Ms. McCollum) and the gentleman from California (Mr. Calvert) each will control 30 minutes. The Chair recognizes the gentlewoman from Minnesota. General Leave Ms. McCOLLUM. Madam Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and include any extraneous material on the measure under consideration. The SPEAKER pro tempore. Is there objection to the request of the gentlewoman from Minnesota? There was no objection. Ms. McCOLLUM. Madam Speaker, I yield myself as much time as I may consume. I rise today in support of H.R. 266, the fiscal year 2019 Department of the Interior, Environment, and Related Agencies Appropriations Act. Today is the 21st day of the Trump shutdown, and the damage it inflicts on the families and communities across this country continues to grow. More than 800,000 Federal workers are without pay, and today will be the first missed paycheck for those families. Many of our civil servants are working without pay, and telling them that they have to file for unemployment is outrageous and it is wrong. Today, Democrats are offering this bill that provides critical funds to reopen the Department of the Interior, the Environmental Protection Agency, Indian Health Service, and other important agencies. Our national parks, America's crown jewels, are under threat. This administration continues to allow visitors to enter as if everything is normal. Our Park Service does not have the funding to ensure visitor safety, address the most basic standards of cleanliness, and protect park assets. Joshua Tree National Park is experiencing significant damage because there are not enough rangers to stop off-road driving in the park. New tracks are being cut into the sensitive landscape, and many of Joshua's trees, the precious namesake of this park, have been destroyed. Just this past week, the Department of the Interior announced an illegal plan to force parks to start redirecting funds from entry fees. Now, those fees are designated for capital improvement projects, and now they will be used to clean toilets. There is no substitute for the park system's annual operation budget of $2.5 billion. As I said, lasting damage is being done to our national parks, and their long-term upkeep is being compromised. We must ensure public safety and protect our pristine spaces; and that is why I am calling on the National Park Service to close all parks until the government reopens. Congress needs to pass this bill to fully fund and staff and protect our national parks. Passing this bill will allow the Forest Service to get back to work on critical activities, like hazardous fuel management. That work needs to happen now in order to prevent wildfires. The Environmental Protection Agency's mission is to protect human health and the environment, but the Trump shutdown has furloughed more than 13,000 employees, stopping inspections at drinking water systems, stopping inspections at hazardous waste management facilities, and stopping inspections at chemical facilities. This places the health of the American people and their communities in jeopardy. The Trump shutdown is particularly threatening to the health and safety of our Native American brothers and sisters. Once again, we have failed to meet our treaty responsibilities to Tribal nations. Basic services like health clinics, Tribal justice services, and food assistance for seniors, are being put at risk for nearly 1.9 million Americans throughout Indian Country. Approximately 54 percent of the Indian Health Service budget goes to Tribal organizations to run their own programs. During the Trump shutdown, critical programs in Indian Country run by Tribal organizations stop. This includes the Domestic Violence Prevention Initiative, the Indian Children's Program, the Suicide Prevention Program, and Alcohol and Substance Abuse Programs. Native American Lifelines is an example of a healthcare program that is under contract with the Indian Health Service. Clinics focus on care for the needy and the elderly, and I am outraged to report that, as of today, these remarks that I deliver, well, those clinics have been forced to close, and they will not be able to continue to coordinate care for their patients, like the 80-year-old woman who depends on Native American Lifelines to help her manage her type 2 diabetes. It is time to reopen the government. The Interior bill before us was drafted by the Senate, passed overwhelmingly with a bipartisan vote of 92-6. This bill also should be familiar to everyone as it was part of a six-bill package that passed overwhelmingly on the House floor with bipartisan votes last week. This bill provides $35.9 billion, which is $601 million over the fiscal year 2018-enacted bill. It maintains funding for nearly every agency at or above the fiscal year 2018- enacted level, including the Environmental Protection Agency. It is important to note, however, this bill does not contain any new partisan riders. Now, clearly, I would have written things differently, especially with regard to funding for Indian Country. However, this bill will immediately open up the Department of the Interior, the EPA, and other agencies, and give us a path forward to end the Trump shutdown. Last year, Congress had the opportunity to pass the bill negotiated by the Conference Committee, but Republican leadership controlled the floor and they chose not to finish their work. And then we thought there was an agreement to keep the government open while the issues of homeland security were being worked out. Senator McConnell brought the continuing [[Page H488]] resolution to the floor of the Senate and it passed unanimously. But Speaker Ryan, along with President Trump, decided to shut down the government, and Congress went home. Now, nearly 800,000 employees are without a paycheck today, and Democrats are doing everything that we can to quickly pass a bipartisan bill to reopen the government. We need to finish last year's work so that we can move forward to serve the American people in 2019. So I urge my colleagues on both sides of the aisle to support this bill. Madam Speaker, I reserve the balance of my time. Mr. CALVERT. Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I rise in opposition to H.R. 266, the Democratic proposal for funding the Department of the Interior, the Environmental Protection Agency, and related agencies for the remainder of fiscal year 2019. This bill is almost entirely a Senate product. As such, it ignores the bipartisan priorities of the House and, perhaps even worse, it abdicates congressional responsibility under the Constitution to keep the executive branch in check. Before I get into the details of the bill, however, I want to take a moment to congratulate my friend and colleague, Betty McCollum, for her appointment as the new chair of the House Appropriations Subcommittee on Interior, Environment, and Related Agencies. She has been a tireless advocate for programs under the jurisdiction of this subcommittee, a firm but fair overseer of agency operations, a tough negotiator and, above all, a good friend. She will be an outstanding chair. I wish her well, and I look forward to working with her in both of our new capacities. Madam Speaker, over the past year, Ms. McCollum and I worked in collaboration to write a bill representing the needs and priorities of the House. We held nine budget oversight hearings, including four hearings with nearly 80 Tribal leaders regarding programs that honor treaty rights promised to our Native American brothers and sisters. We wrote a bill that accommodated, in some shape or form, roughly 93 percent of all House Member requests, regardless of party. On top of that, when the bill came to the House floor, 70 amendments were debated and 50 were adopted. And when told to begin negotiating the House-passed bill last year, we defended it against competing priorities in the Senate. We came together on numerous topics to write report language directives that maintain a check on the executive branch. I am extremely proud of our work. We are so close to a final product. We shouldn't be throwing it all away with the bill before us today, a bill that the Senate has already said it will not consider and the President will not sign. Let me highlight just a few of the House priorities missing in this product which concern me the most, and which are likely to concern our colleagues on both sides of the aisle. First and foremost, the bill leaves behind all congressional report language directives. These directives are critical for keeping the executive branch in check. These directives are also the conduit through which the concerns of our constituents back home are heard directly by agency officials at the highest levels. All of our colleagues in the House who have worked with their constituents and worked with the Appropriations Committee over the past year to craft these directives understand the effort that went into them and the impact they have on people's lives back home. The bill before us today throws that away, all that important work. We included language to protect the California WaterFix from frivolous lawsuits in order to move forward a water supply project that is critically important to my constituents. By taking up this Senate bill, I am prevented from even fighting for my constituents. But this isn't about my priorities; this is about all of the bipartisan priorities of the House of Representatives that are flushed away by rubber-stamping the Senate bill. The bill provides $12 million less than last year's House-passed bill for the U.S. Geological Survey's natural hazards research and early warning system, the earthquake system, and $21 million less for the Forest Service and Department of the Interior to clear dead and dying trees from our forests in order to prevent more catastrophic wildfires like the kind we experienced in my own State of California. {time} 0930 These ounce-of-prevention programs save lives and save money. With so many fires, earthquakes, volcanoes, and other natural disasters in recent years, these programs should be a higher funding priority than they are in this bill. Additionally, this bill provides $77 million less than the House Republican bill for EPA's WIFIA, brownfields, and Superfund remedial programs. These programs provide regulatory relief, leverage Federal dollars, improve water infrastructure, and spur economic development. Instead, this bill increases funding for EPA regulatory programs. In many parts of the country, particularly agricultural States, EPA regulations and additional red tape are a bipartisan concern. Even popular EPA grant programs, like the diesel emission reduction grants, DERA, and targeted airshed grants, were significantly reduced in this bill. The DERA and targeted airshed grants are essential to my home State of California, where air quality remains one of our biggest concerns. My State and constituents rely on these grant programs to help improve air quality and public health by accelerating the replacement of older engines with new, cleaner engines. For our National Park System, the bill before us today falls $27 million short of the House-passed level for park operations and reducing the maintenance backlog. With park visitation on the rise, this is no time to cut corners on the budget. This bill also lacks important reforms for implementation of the Endangered Species Act, and it lacks the funding needed to prevent the sage grouse from being listed. Failure to prevent a listing will hurt local economies in 11 Western States and undermine our Nation's energy security. This bill is almost $10 million below last year's House-passed bill in funding for historic preservation grants, including civil rights grants and grants to underserved communities. The House felt so strongly about these programs that it added $5 million in multiple amendments on the House floor last year. Why would we give up all that funding by acceding to the Senate? Last, but certainly not least, this bill falls $160 million short of last year's House-passed bill in funding treaty obligations to American Indians and Alaska Natives through the Department of the Interior and the Indian Health Service. Earlier this week, USA Today was the latest news agency to run a front page article on the sad state of healthcare in Indian Country, which is funded mostly through the Indian Health Service in this bill. Funding for the Indian Health Service in this bill is $135 million below last year's House-passed level. For an Indian health system that already is rationing the kind of healthcare that most of us take for granted, every dollar makes a difference in the quality of life of one of our fellow Americans whose ancestors paid in advance with their lives and their land to guarantee that the Federal Government would care for the health of their descendants. Properly funding this obligation is not optional. The House heard from nearly 80 tribal leaders in hearings last year about the importance of funding these programs. Let's not turn our backs on them now, acceding to the Senate position. Madam Speaker, for these reasons and others, I am strongly opposed to this bill, H.R. 266, and I urge my colleagues on both sides of the aisle to stand up for their constituents' priorities and oppose the bill as well. Madam Speaker, I reserve the balance of my time. Ms. McCOLLUM. Madam Speaker, I couldn't agree more with my colleague and the former chair. When we were developing the bill, we had a much superior product as we came out of conference committee. [[Page H489]] But it is time to move forward. Speaker Ryan did not bring that to the floor. We must move forward and begin our work, our important work, on 2020. Madam Speaker, I yield 2\1/2\ minutes to the gentlewoman from New York (Mrs. Lowey), the chairwoman of the full Appropriations Committee. Mrs. LOWEY. Madam Speaker, the Trump shutdown is now in its 21st day. It is outrageous that more than 800,000 Federal employees are going without pay, many of them while they are still working, and the American people are being denied vital services, all because of President Trump's demands for a wasteful border wall. The bill before us today would reopen the Environmental Protection Agency, Department of the Interior, and other critical agencies, such as the Indian Health Service and the Chemical Safety and Hazard Investigation Board. The Trump shutdown has suspended cleanups of hazardous materials and delayed lifesaving rulemaking to keep toxic chemicals like methylene chloride out of American homes. The Trump shutdown threatens the enduring natural beauty and conservation efforts of our national parks as trash piles up and the safety of visitors is in question. Public health and safety should not be political bargaining chips. House Democrats have passed bills to open the government, but the President and the Senate Republicans continue to obstruct and delay instead of working with us to get the people's business done. The solution to this crisis is simple: pass the bills where we can agree and extend funding for Homeland Security for a month to allow time for negotiation on border security and immigration policy. Madam Speaker, I hope that my colleagues across the Capitol come to their senses and stop this ridiculous Trump shutdown. Mr. CALVERT. Madam Speaker, I yield as much time as she may consume to the gentlewoman from Texas (Ms. Granger), the ranking member of the Appropriations Committee. Ms. GRANGER. Madam Speaker, I rise today in opposition to H.R. 266. Unfortunately, moving this bill across the House floor will not resolve the partial government shutdown, as the President has said he will not sign this bill into law. It is the job and responsibility of Congress to appropriate funds. We must come together to find a solution that will reopen the government and fund border security. We need a compromise that represents the will of both Chambers and the American people. By considering the Senate-passed version of the appropriations bill, we are eliminating House Members' involvement in the process. This bill in particular ignores 93 percent of all House Member requests that were included in our bill, including the 50 amendments that were adopted on the floor. This appropriations bill for the Interior Department fails to include the $12 million that House Members provided to U.S. Geological Survey programs, like the earthquake early warning system that saves lives. It also reduces the amount of funds available to clear dead and dying trees from forests, to help prevent the kind of devastating wildfires we saw this year, by $21 million. We have heard a lot about the National Park Service during this shutdown. This bill reduces funding for our national parks by $27 million. These are just a few of the priorities of the House that are not included in this bill before us today. Madam Speaker, Republicans stand ready and willing to negotiate with our friends on the other side of the aisle on legislation that includes priorities of both parties and both Chambers. That is how this legislative body and our system of government are designed to work. Madam Speaker, I thank my colleague from California, Mr. Calvert, for his efforts today and over the last several months to ensure that the House's voice is heard in this debate. Ms. McCOLLUM. Madam Speaker, I yield 2 minutes to the gentlewoman from California (Ms. Lee), a member of the Appropriations Committee. Ms. LEE of California. Madam Speaker, let me thank Chairwoman McCollum for her leadership on this issue as we try to get the government open. Madam Speaker, I rise in strong support of the fiscal year 2019 Interior appropriations bill, which provides $35 billion to partially reopen the government. Now, this bill would also reopen our beautiful national parks and the Smithsonian museums. The situation in our parks right now, it is just not acceptable. Sixteen thousand Park Service employees are not working. Let me repeat that: 16,000 employees. The National Park Service is losing $400,000 a day from this shutdown, while uncollected garbage is piling up. Madam Speaker, this is horrible. It is ridiculous. We need this bill to reopen our parks, our museums, and our visitors' centers right away, and we need to pass this bill to keep visitors safe and end the furlough of law enforcement personnel in our national parks. Madam Speaker, these closings are impacting every district in our Nation. Near my own district, for example, in the beautiful bay area, Muir Woods had to close this week. In addition to wreaking havoc on Federal workers' lives, their families, their children, and their livelihoods, this Trump shutdown is also having an effect on tourism and the economy. So I urge my colleagues to vote ``yes'' on this bill and ``yes'' to reopening the government. The public deserves this. The Federal workers deserve this. Contractors deserve this. The parks and our museums should be open for visitors to visit, and we need to get this government working again. Madam Speaker, I thank, again, Chairwoman Betty McCollum for yielding me time. Mr. CALVERT. Madam Speaker, I yield 2 minutes to the gentleman from Alabama (Mr. Aderholt). Mr. ADERHOLT. Madam Speaker, I thank Ranking Member Calvert for yielding and for his leadership on this bill that we passed back in December. Unfortunately, as you know, I am rising, Madam Speaker, in opposition of H.R. 266. What we have before us today, however, is yet another Democrat appropriations bill that fails to reflect the House priorities. This time, it ignores 93 percent of all the House Member requests that were included in the House bill and in the report. I would like to point out just a few of the many House Member priorities that were addressed in the House Republican Interior and environment bill that are not addressed in this current bill. Compared to the House Republican bill, this bill reduces funding for hazardous fuel reduction projects by $21 million. It also reduces funding for operation and maintenance of the National Park System by $27 million. It does not include any of the Endangered Species Act reforms, which are absolutely necessary for the law to work in a practical way. Therefore, Madam Speaker, rather than spending our time debating Senate-passed legislation, which fails to reflect any House priorities, I ask that the Democrats come to the negotiating table so we can secure our border, so we can keep America safe, and so we can resolve this partial shutdown that we are now entering on its 21st day. Madam Speaker, I urge my colleagues to oppose this bill. Ms. McCOLLUM. Madam Speaker, the time to pass the 2019 bill was December of last year. We need to move forward. My priority is to get the government open, to get it back working for the American people, and to have the Federal employees who are working so hard and those who are forced to be home to have a paycheck. Madam Speaker, I yield 2 minutes to the gentlewoman from Florida (Ms. Wasserman Schultz), who is the chair-designee of the Military Construction, Veterans Affairs, and Related Agencies Subcommittee of the Appropriations Committee. Ms. WASSERMAN SCHULTZ. Madam Speaker, I thank the gentlewoman for yielding. Madam Speaker, I rise today to urge my colleagues to support this appropriations bill, which provides funding for the Department of the Interior, the Environmental Protection Agency, and related agencies. This bill would provide vital funding for water infrastructure, State drinking water systems, national parks, and [[Page H490]] Everglades restoration projects. Yet we have been locked in a nonsensical shutdown because President Trump continues to insist on his ineffective and offensive border wall scheme. While the President throws a tantrum, people are suffering and our environment is suffering. Many of us have seen the pictures of the piles of garbage. Our environment cannot withstand this onslaught. They are overflowing in many of our national parks. Our national parks are the crown jewels of our Nation's natural heritage. In 2017, the National Park System drew more than 330 million visits, including more than 10 million in my home State of Florida. These visits are not just from Americans, but also from people all around the world who came to see the natural wonders America has to offer. In 2017, national parks contributed $35.8 billion to the Nation's economy and $613 million to Florida's economy, and they supported 306,000 jobs nationwide. Yet, today, many are closed or short-staffed, and a diminished law enforcement presence puts the well-being of visitors and wildlife at risk. This is not the only major consequence of President Trump's and congressional Republicans' efforts to block funding for the shuttered agencies that would be restored by this legislation. EPA has stopped making inspections of drinking water systems, hazardous waste management sites, and chemical facilities. During the last long shutdown in 2013, EPA stopped inspecting more than 1,200 sites of environmental importance and concern. Now more than ever, we need the EPA to provide rigorous guidance and support for State drinking water agencies. {time} 0945 No one knows this more than the residents of Flint, Michigan, whose water is still not safe to drink. And closer to my home, Floridians in Ocala face the contamination of their water by harmful fire retardants used at the nearby fire college. Halting inspections leaves communities like these more vulnerable. These cuts can truly impact the people we are elected to serve. Mr. Speaker, I urge my colleagues to vote for this bill so that the Senate can once again pass it and the government can be reopened. Mr. CALVERT. Mr. Speaker, I yield 4 minutes to the gentleman from Idaho (Mr. Simpson), the former chairman of the committee. Mr. SIMPSON. Mr. Speaker, I thank the gentleman from California, my good friend, for yielding and for the job that he has done as chairman of the Interior, Environment, and Related Agencies Subcommittee in the past. Let me begin by saying that we all want the government to reopen--all on this side, all on that side. We don't agree with this shutdown. I also want strong border security, and I know you all want strong border security. We disagree about how to get there. These can both be accomplished with a little word called ``compromise.'' I heard everybody throw around that word quite a bit and then go back to their hardened positions and forget what a compromise is. So I looked it up in the dictionary, because I thought maybe I was mistaken about what a compromise is. The dictionary says it is ``a settlement of differences by mutual concessions; an agreement reached by adjustment of conflicting or opposing claims, principles, et cetera, by reciprocal modification of demands.'' We can't call for a compromise and then go back to our hardened positions and say: ``I want everything I want, and you get nothing you want.'' This bill is not a compromise. If you would bring up the compromised conference bills between the House and the Senate, you would have my support, but that is not what this is. This is the Senate bill. We have a conference bill between the House and the Senate that was prepared to be brought to the floor last year and never made it. Bring up that conference report. Unfortunately, by adopting just the Senate bill, we might not even have a House Chamber. Why have a House Chamber if all we are going to do is adopt whatever the Senate decides to do? This bill, as has been mentioned, reduces funding by $160 million from the House bill for Indian Country, and has a: $21 million reduction from the House bill for hazardous fuels reduction that prevents catastrophic wildfires; $23 million reduction from the House bill in sage-grouse funding, which is vital to keeping the species off of the endangered species list; $27 million reduction from the House bill for national parks funding, which is needed to solve the maintenance backlog; and $12 million reduction from the House bill for the Water Infrastructure Finance Act, which is critical to financing community water projects, given the enormous backlog that exists for our water system. The bill also leaves out vital report language directives from the House bill that were carefully crafted to represent House Members' priorities, both Republican and Democratic priorities. They are being totally ignored with this legislation. In the end, we all know that this isn't going anywhere. This is just a game. And I have got to tell you, Mr. Speaker, I am tired; I am tired of the finger-pointing, the name-calling, and the games we are playing. I know that on the Democratic side of the aisle you are getting phone calls by the hundreds, if not thousands, from your constituents who say: Don't give in to Trump; don't give in to any border security wall or fencing or whatever. We are getting the same phone calls on our side, who say: Don't you vote for anything that doesn't have Trump's border wall in it. The uncomfortable thing is that, occasionally, as elected Representatives, we are called upon to lead, regardless of the consequences; and I have to say, we have all failed, all of us, and for that, I am very, very sorry. Ms. McCOLLUM. Mr. Speaker, I have a rhetorical question, and that would be: If we had been able to bring the continuing resolution to the floor, if we would have been able to get the President to sign it, would that have given us the breathing space to bring back the conference committee reports and would the President have signed it? I have not heard the President offer that as a solution. Mr. Speaker, I yield 2 minutes to the gentlewoman from Maine (Ms. Pingree), a member of the Appropriations Committee, who proudly serves on the Interior, Environment, and Related Agencies Subcommittee. Ms. PINGREE. Mr. Speaker, I thank our future chair for yielding me the time. I appreciate it. Mr. Speaker, I consider it a privilege to sit on the Interior, Environment, and Related Agencies Subcommittee, where we fund agencies and departments that are important not only nationwide, but especially in my home State of Maine. So it is particularly heartbreaking to be here today urging my colleagues to reopen these agencies as we open a 21st day of an unnecessary government shutdown. Today marks the first day that many Federal Government employees will go without a paycheck. There are over 1,100 Federal workers and their families in Maine alone. These include families at Maine's Acadia National Park and the Rachel Carson National Wildlife Refuge, the USGS research centers and the air and water program officers at the EPA. This shutdown has made life extremely difficult for these workers and these families, and it has halted the critical duties that they perform. This bill funds vital programs that we use every day to protect our resources, to learn about the environment, and to connect Americans to our national treasures. So far, the administration has used accounting gimmicks to give the appearance that these parks and agencies remain open, but you can't hide the real consequences of this shutdown. For example, at our national parks, there have been reports of habitat destruction, injuries, and even deaths since the beginning of the shutdown. We don't need gimmicks. We need to reopen the government. Despite the President's refusal to do his job, I am proud that we are doing ours in Congress by moving these appropriations bills forward to reopen the government. Mr. Speaker, I urge all of my colleagues to support the American taxpayer, to support Federal workers and [[Page H491]] their families, and to support the vital environmental programs that are funded in this bill. Please vote ``yes'' on H.R. 266 and end the shutdown. Mr. CALVERT. Mr. Speaker, I yield 5 minutes to the gentleman from Oklahoma (Mr. Cole), my friend. Mr. COLE. Mr. Speaker, I thank my friend not only for yielding, but for his distinguished 4 years as the chairman of the Interior, Environment, and Related Agencies Subcommittee. I want to congratulate my good friend, the former ranking member and now the new chairman of the House Interior, Environment, and Related Agencies Subcommittee as well. They worked very well together over the last several years. I know they will continue to work well together, and I know that we will continue to do good work on that committee. Mr. Speaker, to quote the great baseball player and American philosopher, Yogi Berra: ``It's deja vu all over again.'' We considered this bill last week. The Senate told us at the time that if we sent it to them, they weren't going to take it up; and the President said, by the way: I am not going to sign it. So what are we doing this week? We are sending the exact same bill. The Senate has told us the exact same thing, and the President has told us the exact same thing. If anybody thinks this is accomplishing anything, it is not. Quite frankly, we should be embarrassed as Members of the House of Representatives to bring this bill to the floor. There is not a single speaker in this Chamber today who had a single thing to do with anything in this bill--no appropriator, nobody-- totally a Senate product. So every speaker who gets up and talks about how important this is, literally, had nothing to do with writing it. As a matter of fact, in many cases, they had to give up things that they succeeded in getting into the House bill, both Democrats and Republicans. I think, frankly, candidly, honestly, any of us would admit the House bill and the conference product that was finished is a much better bill than this. If we are going to bring something to the floor where we disagree, why don't we at least bring something we are proud to bring here. Nobody should be proud to bring a bill that actually cuts what the House did in Indian healthcare by $135 million. Nobody should be proud to bring a bill to the floor that cuts $26 billion out of the Bureau of Indian Affairs, which we all agreed on, collectively, and were concessions, frankly, that we were going to win in the course of a conference. So the bill is an embarrassment, and the outcome is going to be predictable. The Senate is not going to pick it up. The President would not sign it if it were sent to him. So we have wasted an entire week. We have wasted the week because our friends can't sit down and split the difference, which, by the way, the President offered us in December. He asked for $5 billion. He told the negotiators: I will take $2.5 billion. Splitting the difference is usually a definition of compromise. Instead, we hurtled on into a government shutdown that nobody in this Chamber wanted, but we have a standoff at the top level. I don't think anybody particularly looks good in this: the President, the Senate, and certainly not the House. I would hope after we go through this charade--and it is a total charade--that we get back to work. If we are going to present something here, let's at least present something we are proud of and that we actually participated in writing. Again, this will end another sad week in this Chamber. I urge the majority to get to work. Produce something that a Senate that is of the other party will pass and that a President will sign. If you don't, you are not governing. To just be immovable and then point fingers as if other people are responsible, people who actually offered you a compromise to split the difference in December that would have avoided the entire shutdown, I think the responsibility is pretty clear as to who brought the government to a close, and that is our friends' failure to sit down and negotiate seriously with the United States Senate and with the President of the United States. Mr. Speaker, I will oppose this measure and certainly will look forward to voting against it in the hope that we will eventually get back to the product that we wrote and produced and would actually serve the American people better than this piece of legislation. Ms. McCOLLUM. Mr. Speaker, as I asked a rhetorical question earlier: If the President would say, ``I am going to do a short CR; I will sign it; we are going to let the conference committee refile their bills for 2019 to open up the rest of the government, get the people back to work, and get the paychecks back into those families' hands; and while we are doing that, we will negotiate the Homeland Security bill,'' I would be all for that, but I have not heard that come from the President of the United States. So today, Mr. Speaker, I bring a bill to bring paychecks back to people who don't deserve to be pawns in this government shutdown. Mr. Speaker, I yield 1 minute to the gentleman from Maryland (Mr. Hoyer), the Democratic Majority Leader. Mr. HOYER. Mr. Speaker, I thank the gentlewoman for yielding. I think this is my first time in a long time of having a magic 1 minute, so I have some things to say. I was on the Appropriations Committee for 23 years. I came here in 1981. Between 1981 and 1995, we had 10 shutdowns. Those 10 shutdowns averaged 1.9 days a shutdown. The longest one was 3 days. They were because of differences, not because of a strategy. In 1995, Newt Gingrich adopted shutting down government as a strategy, as a taking hostage not only of Federal employees, but taking hostage of the American Government and taking hostage of everyone who is served on a daily basis by the Federal Government. The reason I know it is a strategy is because it has happened a number of times. The next one, long-term, was in 2013, when Ted Cruz, a United States Senator, came over here and talked to a number of Members and said: Unless the President will repeal the Affordable Care Act, we are not going to fund the government. In other words, unless the President didn't take healthcare away from Americans, the Republicans would take government services away from Americans and hold hostage the Government of the United States. And now, just a few years later, ladies and gentlemen, the Republicans have again taken hostage not only 800,000 people who work for the Federal Government, expecting them to work for no pay to protect our borders, to protect our seas, to protect our food, and so they have taken hostage the Government of the United States one more time. So we have a crisis, but the crisis is not at the border. There is a challenge at the border, and we need to make our border secure. We are for that. {time} 1000 The proposal the President made in a campaign speech which got a lot of roars all the times he gave it was: We need a wall, a big wall, a wall along the whole border, a wall that the Mexican Government will pay for. It was total campaign rhetoric and demagoguery. It was not a policy. And I agree with my friend from Idaho. Mr. Simpson is the former speaker of the Idaho House. The far right in his party ran a candidate against him a few elections ago and they got beaten badly. Thank heavens for that; thanks to the judgment of voters in Idaho. I agree with my friend, Tom Cole, in part. But if he were here-- unfortunately, he has left the floor--but I would say to Tom Cole: Mr. Cole, as you ended the Congress with your side in charge, you rejected a bill from the United States Senate, passed with unanimous consent, that would have opened up all of government. And you rejected that bill because the President told you to put $5.6 billion in the bill, which you knew--and I am sorry, Tom Cole is not on the floor because he says, you know, this bill is not going to pass--which you knew would not pass the United States Senate, but you sent it anyway. Why? Because the President of the United States told you to do so. Let me remind all of us that we are a coequal branch of government. We are the Article I branch of government. We are the policymakers of government, not to sit as stooges and be told [[Page H492]] by the President of the United States: If you don't do what I want, what I tell you to do, I won't sign the bill. Mr. Speaker, on Tuesday night, the President went on television and tried to argue that the American people should continue to endure a painful government shutdown until Democrats give in on funding for a border wall that has bipartisan opposition. Democrats and Republicans alike--not all--oppose this $5.7 billion waste of money on a physical wall along the border. Representative Will Hurd--now, who is Will Hurd? He is a Republican Member of the Congress of the United States. He is a Member of the Congress of the United States from Texas. He represents a district which has more border than any other district in America. What does he say? Building a wall is the most expensive and least effective way to secure the border. But the President of the United States says: You don't do that, I am not playing. And because he is not playing, none of you are playing. I say to my Republican friends: How sad. You were not elected by your constituents to do what Donald Trump tells you to do. You were elected by your constituents to do what is best for them and their country. Senator Lindsey Graham, a friend of the President, a Republican, and a Senator from South Carolina said this: The border wall is probably not a smart investment. But the President has told Lindsey Graham: You are not for my wall, I am not for your bill, and I won't sign it. And I am going to shut down government. One person is responsible for shutting down government. Donald Trump. Most of the people he shut down and is not paying, they don't have a dad they can go to and say: Give me some money, dad. Maybe he doesn't know that experience. Opposing a new barrier, Acting White House Chief of Staff Mick Mulvaney--listen to me, my Republican friends--said in 2015: You go under. You go around. You go through. What they need is more manpower, more technology, and more willingness to enforce the law as it exists today. He said that in 2015. Not a wall. More manpower, more technology, more willingness. That is essentially what Will Hurd said. Senator Ron Johnson, one of the most conservative Senators in the United States Senate said he always thought that the President's wall was a ``metaphor.'' Now, if it is a metaphor for security, we are in, because we Democrats want a border that is secure; that does not allow people who are not authorized to come into the United States. We want to be sure that the people, the criminals that bring drugs into the United States are caught and prevented from doing so, and that people who traffic in human lives are caught and stopped. We are for that. When the President was at the border he said that Democrats don't care about crime. They don't care about human trafficking. That is baloney. It is a lie. It is unworthy of a President of the United States to make such an assertion. Senator John Cornyn of Texas said: I don't think we are just going to be able to solve border security with a physical barrier, because people can come under, around it, and through it. That is why so many Republicans said the wall is not the answer. Ranking Member Michael McCaul--now he is the ranking member of the Foreign Affairs Committee, I tell my Republican friends, Mr. Speaker-- but he was chairman of the Homeland Security Committee when he said this: A 30-foot concrete wall is a very expensive proposition and there are a lot of other things we can be doing technology- wise to make it a smarter border that is more effective and more cost efficient. So don't accuse the Democrats because they are against the wall of being against border security. Your Republican leaders don't believe that, so they ought to stop saying it. They are among the Republicans and Democrats who believe we need a smarter, more comprehensive strategy to improve border security; not just building a physical wall with taxpayer money. President Trump said over, and over, and over, and over, and over again that Mexico was going to pay for this wall. God knows how any American voters believed that. Now, of course, not surprisingly, he admits that is not going to happen. So let's discuss border security, which is important to Democrats and Republicans alike. Let's sit down and figure out how best to do it. That is a debate on policy. But, by the way, my Republican colleagues did not bring the homeland security and the border security issue to the floor until December 20, 11\2/3\ months after they took control--or they were in control, because it was the last of the session. So they waited 11 months and 20 days to bring this critical issue to the floor. My, my, my. Now they shut down the government if we don't do it their way. This is a debate on policy, not politics. That is why I quoted so many Republicans. There is no reason to maintain a dangerous and costly government shutdown while that debate occurs. Let's end this shutdown right now and turn to the real discussion about border security without holding hostage America's workers, their families, and the people they serve, all of our constituents. Let's have a vote in the Senate which I believe would reopen government. Leader McConnell has a responsibility to do so. Leader McConnell has a responsibility to the Senate and to his oath of office to the Constitution and to the country. He swore no oath to President Trump. None of us swear an oath to the President of the United States. We swear an oath to the Constitution, to preserve and protect and serve our people. On August 24, 2014, Senator McConnell said this: ``I am the guy that gets us out of shutdowns. ``Shutdowns,'' he said--this is Senator McConnell--``is a failed policy.'' That is what Mr. Simpson said. That is what Mr. Cole, I know, believes. I have talked to him about it. I hope every Member here believes that. So my plea is to stop pursuing it as a strategy. Remember, 10 shutdowns averaged 1.9 days. Your shutdowns, 21 days, 16 days, and now we are going to have the longest shutdown in history, because you have taken captive the Government of the United States. How sad that it is us who are the enemy of the Government of the United States. Senator McConnell, I hope, will bring bills to the floor to open up the government as he did in December when he sent a bill here and you would not take it up, my Republican friends, when you were in charge. You were the leaders. You rejected that bill that would have funded government, kept government open, kept serving the American people. But, no, you took a hostage, and the government is shut down. The Democratic-led Congress is doing its part. The first day we came here, we passed a bill that was exactly like the Senate's bill. So one could assume that the bill they had passed, when they got it back, would, in fact, pass. And the homeland security we did for a short time so we could continue negotiations in a positive way without having hostages being taken. Last week, we passed a package of funding bills for fiscal year 2019, a continuing resolution for the Department of Homeland Security, in order to reopen government and end the Trump shutdown. The Trump shutdown. The Trump shutdown. If Trump said to Senator McConnell: Yes, I will sign the bill; the bills would be passed by the United States Senate. No one disputes that. If Trump said to the House Members here, Mr. Speaker, that he would sign, they would pass the bill. Trump articulated at the White House that he would not open government until we agreed to do what he wanted to do. That is not democracy. That is despotism. Because Leader McConnell was refusing to bring up our package of appropriation bills, the very same bills written by the Republican Senate, as has so often been said--and I would prefer that they were bipartisan bills--we are now sending him each of the bills individually. On Wednesday, we passed a bill that would, among other things, reopen the IRS so taxpayers can get their refunds. They paid in more than they owed and they ought to get it back and they [[Page H493]] ought to get it back in a timely fashion. But the folks who process the refunds are not being allowed to come to work. Yesterday, we passed the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act which will continue nutrition assistance for those facing hunger, and reopen programs helping farmers in rural America. Many of you represent rural farmers, and they are relying on payments from the Department of Agriculture to sustain them, and they are not getting them. Yesterday, we also passed the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act to restore safety to air travel and keep low-income Americans from losing rental housing assistance. I don't think there is any Republican that wants to see people out on the street because they couldn't make their rent because they didn't get their payment from the Federal Government. Today, we are bringing this Department of the Interior, Environment, and Related Agencies Appropriations bill to the floor to reopen America's National Parks and restore services to Native Americans and Tribal communities. I want to thank the gentlewoman from Minnesota (Ms. McCollum) for the leadership that she has shown and the work that she has pursued to bring this bill to the floor. I ask my colleagues on both sides of the aisle to vote on the merits of this bill, and I hope that many Republicans will join us. If Members are for reopening government, vote ``yes.'' If you vote ``no,'' you are for continuing this Trump shutdown. I hope Leader McConnell listens to his Senators. Senator Susan Collins said this on the House-passed bills last Thursday. It would be great to have them signed into law because there is not great controversy over them and at least we would be getting those workers back to work. {time} 1015 Senator Cory Gardner, Republican from Colorado, added: ``We should continue to do our jobs and get the government open.'' I agree, Mr. Speaker. Hopefully, when we vote today, we will have in mind the 800,000 people who are not getting paid, half of whom are working. Hopefully, we will have in mind all those who are looking for a tax return, all those who are looking for a supplemental nutrition payment so they can put food on their tables, all those who are looking to make sure they can settle on their house because FHA is operating, and all those who need a visa extension or something of that nature. Hopefully, we will be thinking of them, not just the small-bore politics of: If you don't do what I say, I won't play. Vote for this bill. Send it to the Senate. Mr. Speaker, I say to Senator McConnell to put it on the floor, pass it, and send it to President Trump. The SPEAKER pro tempore (Mr. Lujan). Members are reminded to avoid engaging in personalities toward the President. Mr. CALVERT. Mr. Speaker, I yield myself such time as I may consume to point out that leaders in the Border Patrol want a barrier as a part of securing the border. Most people the majority leader mentioned are also in favor of a barrier as part of securing the border, as that is something that acts like, using a football metaphor, an offensive line. It slows people down in order for technology and people at that point to pick up people who are coming into this country illegally with drugs or otherwise illegal activity. Mr. Speaker, I yield such time as he may consume to the gentleman from Ohio (Mr. Joyce). Mr. JOYCE of Ohio. Mr. Speaker, I rise today to highlight some of my concerns with H.R. 266. As a Representative from the great State of Ohio, I know full well how important it is to provide programs that ensure we are protecting our natural resources and preserving them for future generations. One of the greatest natural resources and economic powerhouses we have in the United States and for the world, for that matter, is the Great Lakes system, which my district is lucky enough to have a portion of. The lakes provide more than 35 million people with drinking water. They support more than 3,500 species of plants and animals. Studies have shown that 1.5 million jobs are directly connected to these five lakes, generating $62 billion in wages. That is why I have fought so long and so hard for the Great Lakes Restoration Initiative. As Members of this House, we have a responsibility to properly represent the people who sent us here to fight for their priorities and needs. Unfortunately, this bill falls far short of fulfilling that responsibility. The fact is, there is bipartisan, bicameral report language that would not go into effect if the bill before us were signed into law. It leaves out important language to reduce the growth of harmful algal blooms, which have been recorded in every State and have become a concern nationwide. In fact, in 2014, a harmful algal bloom in Lake Erie affected the drinking water for more than 500,000 people in Toledo, Ohio. The bill also leaves out language encouraging the EPA to fund research grants that help promote scientific progress toward preventing and controlling harmful algal blooms. It doesn't include language to help both rural and urban communities control nutrients in their watersheds. It doesn't include language about working to understand the risks of exposure to toxins that result from harmful algal blooms. These toxins can come through our drinking water and can be extremely harmful to humans. In the end, this bill does not include the priorities that many Members fought for to help their constituents. It does not include language that supports programs that impact Ohio, as well as many other States across the country. I cannot in good faith support legislation that does not treat our Great Lakes as the national treasure they are or invest in them to the fullest extent. Mr. Speaker, please stand with me today in sending a message to protect our Great Lakes. I urge my colleagues to oppose this bill in its current form. We can do much better than this. We, as Members of the House, must not abdicate our responsibility to craft these spending bills in the best interest of our constituents. Ms. McCOLLUM. Mr. Speaker, I also hail from one of the Great Lakes States. The funding in the Senate bill and the House bill for the Great Lakes was identical. So at least in this portion of the funding, it was equal for both the House and the Senate. Mr. Speaker, I yield 2 minutes to the gentleman from California (Mr. Huffman), who is a member of the House Natural Resources Committee. Mr. HUFFMAN. Mr. Speaker, I thank the gentlewoman for yielding, and I rise today in support of this bill to reopen our national parks and end the Trump shutdown. Over the last 3 weeks, the conditions in our national parks have reached unacceptable and unsafe levels as park employees are furloughed without pay and forced to keep quiet about the ongoing damage. Here is what some of it looks like: dirty diapers, coffee cups, and burrito wrappers. That is just the start of what Congresswoman Jackie Speier and I saw this past weekend as we joined volunteers for a trash cleanup at the Golden Gate National Recreation Area, which we both represent. It took only a few minutes for us to fill two 32-gallon trash cans with waste. We may soon have enough trash building up in our national parks to build a wall. Is that the idea, Mr. Trump? Is that the backup plan, to have our parks, park visitors, and our professional park staff pay for the wall you said Mexico would pay for? Mr. Speaker, the damage from the Trump shutdown does not end there. I have more than 25 federally recognized Tribes in my district. Each of those communities faces serious financial insecurity as a result of this shutdown. I refuse to stand by as Indian Country suffers, as our national parks suffer, and as millions of Americans suffer, so that Donald Trump can pretend he is building a medieval border wall. We need the House and Senate to pass the Interior appropriations bill. We need the President to sign it to prevent further degradation of our public [[Page H494]] lands and protect the health and safety of Tribal communities. This government does not belong to Donald Trump. It belongs to the American people. It is time to reopen the government. Mr. Speaker, I urge a ``yes'' vote. The SPEAKER pro tempore. Members are reminded to direct their remarks to the Chair. Mr. CALVERT. Mr. Speaker, I yield 2\1/2\ minutes to the gentleman from the great State of Utah (Mr. Stewart). Mr. STEWART. Mr. Speaker, I would like to begin by stating the obvious, if I could, when my Democratic colleagues call this bill a compromise. This bill is a lot of things, but a compromise it is not. It takes away everything we have done for the last year--everything we have done for the last year--and, poof, it is gone. It throws it away. There is an old saying in the House: It is not the opposing party that is the enemy; it is the Senate. This is a great illustration of this. As a member of the Appropriations Committee, it pains me that my colleagues on the other side of the aisle have effectively removed my constituents from this process by just accepting the Senate bill. Every Member of the House and our constituents have been silenced in this. We are not represented at all. Not only has the Democratic majority ignored this body's role in creating this budget, they are throwing away hundreds of hours of hearings, of markups, and of floor time, again, as we are fighting for our constituents. We passed a bill. The House has done our work. Let me say it again: The House has done our work. If this was a serious effort by our friends on the other side to open the government, then they would pass our House bill again. Then it would go to the Senate, and we would reconcile those two bills. Let's consider some of the things that have been thrown away, poof, magically gone in a puff of smoke: money for fighting wildfires; money for our Indian brothers and sisters, including for hospital staffing; money for road maintenance, so that children can go to school; and money for our national parks for deferred maintenance. The list goes on and on. I ran for Congress because I wanted to represent my district. This bill is my district; 70 percent of my district is owned by the Federal Government. How can I just sit by and say that my constituents will have no voice in this bill or in this appropriations process at all? Finally, my friends on the other side know these bills don't stand a chance of actually becoming law. They know that. The Senate won't take these up. The President has said he won't sign it. Mr. Speaker, if you want to talk compromise, then let's actually try to do that. Let us take where we are and let us take where the Senate is and try to bring them together. That, Mr. Speaker, is compromise. Ms. McCOLLUM. Mr. Speaker, I yield myself such time as I may consume to say, once again, I am sorely disappointed that, before the end of December and before the new Congress came into being, some of the suggestions here were to move forward with conference committee reports, to bring them to the floor, to work with the President. Now that we have the new Congress sworn in, for the President to say: You get those conference committee reports going. We will do a continuing resolution to keep government open. We will negotiate the Homeland Security bill off to the side--but there is silence. There is no commitment. Quite frankly, I don't know if the President would change his mind again, if he did agree to that. Mr. Speaker, I yield 2 minutes to the gentleman from Washington (Mr. Kilmer), who is a member of the Appropriations Committee and serves on the Interior, Environment, and Related Agencies Subcommittee. Mr. KILMER. Mr. Speaker, I thank the gentlewoman for yielding. Mr. Speaker, I rise in strong support of this bill, which will restore funding for the Department of the Interior, for the Forest Service, and for the Environmental Protection Agency, because it is simply wrong for Federal workers to be held hostage. It is wrong for people who depend on these agencies to be held hostage as a negotiating tactic on a completely unrelated policy issue. The region I represent has more than 600,000 acres of Federal forests. It is the home to Olympic National Park, one of the crown jewels of the National Park System. And it overlooks the iconic Puget Sound. So I am speaking today on behalf of the hundreds of Federal workers who protect and manage these natural resources, from park rangers to timber sale specialists to water quality monitors, who have gone unpaid for almost 3 weeks. But this isn't just about those Federal workers who have lost their pay. I am also here to speak on behalf of the communities that depend on these Federal resources, gateway communities like my hometown where I grew up, Port Angeles, Washington, where the economy depends on park visitors who come in and eat at local restaurants, stay in local hotels, and gas up their cars; remote towns like Forks that count on the Forest Service to maintain roads; Tribal communities like Taholah that rely on resources from the Indian Health Service to support their local health clinic; and cities like Tacoma that trust the Environmental Protection Agency to protect the quality of their air and their water. Congress should end this shutdown now so that Federal workers can receive the pay that they have earned for serving us and so that our communities can again count on the government to provide taxpayers with the services that they fund, services that belong to everyone in this country. This bill is a responsible way forward. It has already passed the Senate with the support of 92 Senators, including Majority Leader McConnell. Congress should not wait another day to pass this bill and reopen these agencies, so I urge my colleagues to vote ``yes.'' Mr. CALVERT. Mr. Speaker, I point out to my friend from the State of Washington that the earthquake warning system that we both worked on is below the House number by $9.4 million. So that is unfortunate. Mr. Speaker, I yield 4 minutes to the gentleman from Arkansas (Mr. Westerman). Mr. WESTERMAN. Mr. Speaker, I thank the gentleman from California for yielding and for his hard work in putting together an appropriations product of the House, which is a far cry from what this bill is. It is not a product of the House. It is more like something you would get from the bill of the month club. It has none of the House priorities that have been debated here. Mr. Speaker, I would like to think about the number 85. Eighty-five people perished in the Camp fire last year in California. The blaze destroyed an entire community, burned 14,000 homes, and left hundreds of other Americans injured or homeless. Adding to that, the Camp fire was just one of thousands of blazes that burned 9 million acres across the country last year. Let's face the facts. More and more Americans are living closer to our Nation's forests. These forests are becoming sicker, drier, and overstocked with flammable materials. When the temperatures rise and the arid winds blow, we have seen firsthand how these unhealthy forests become objects of mass destruction. The U.S. Forest Service now estimates that there are at least 43 million homes in the wildland-urban interface. That is the part of our country where forests and communities intersect. This is a major increase from the 31 million homes that were located there less than 20 years ago. Meanwhile, millions of acres of public land are at a high or severe risk of wildfire. Like Paradise, California, some of these acres directly threaten the communities and the Americans who live nearby. Mr. Speaker, the notion that Congress would lower the level of hazardous fuels reduction in the wake of all this is outrageous. At a base level, the government must protect its citizens, and hazardous fuels reduction is designed to remove the tinder that fuels these deadly blazes. However, this version of the Interior appropriations bill drops $21 million out of the hazardous fuels reduction account. Mr. Speaker, we should be investing more on hazardous fuels reduction and sound forest management, not less. Forest management is the essential component in protecting Americans who live next to our Nation's forests, [[Page H495]] again, forests that are getting drier and deadlier with each passing year. Further hazardous fuels reduction leads to all sorts of environmental and economic benefits. In addition to protecting American lives, proper forest management leads to cleaner water, more rural jobs, and less carbon in the atmosphere. {time} 1030 I am all for fiscal soundness, but, Mr. Speaker, cutting the hazardous fuels money is illogical. It is like saying we prefer a pound of cure over an ounce of prevention. While we may save money up front, the American people are going to have to pay more over the long term as taxpayers foot the bill to put out these blazes and property owners have their homes and assets incinerated. In closing, we should be investing in protecting lives and property and being good stewards of our environment. Lowering the hazardous reduction fuels account accomplishes the exact opposite, failing the thousands of Americans who live in and around our forests. Ms. McCOLLUM. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I think the gentleman and I would both be concerned. I quote from one of President Trump's tweets: ``Billions of dollars are sent to the State of California for forest fires that, with proper forest management, would never happen. Unless they get their act together, which is unlikely, I have ordered FEMA to send no more money. It is a disgraceful situation in lives and money.'' Mr. Speaker, I would just like to note that the bill that we will pass today, hopefully shortly, will provide $1.76 million more than House Republicans passed last year for the Department of the Interior wildland fire management and $26 million more for the U.S. Forest Service for wildland fire management. Mr. Speaker, I think we should all grieve for loss of life and loss of property for those who have been impacted by our wildland fires. Mr. Speaker, I yield 5 minutes to the gentleman from Arizona (Mr. Grijalva), the chair of the House Natural Resources Committee. Mr. GRIJALVA. Mr. Speaker, I rise today to add my voice of support for the Interior appropriations bill to fund the government. Trump's ongoing government shutdown has damaged our economy, our national parks, and our public lands. This damage that we see is not an inevitable outcome; this is directly Republican-inflicted damage. Trump and his enablers seem happy to let this shutdown slow our economy, hurt Indian Country, and put our national parks and public lands at risk indefinitely. It shouldn't be hard for our Republican colleagues to choose between funding normal government operations or continuing to make people suffer for the Trump ego and obsession. This bill is nearly identical to the legislation that already passed the Senate 92-6. It reopens vital agencies and returns our national parks to normal business. This means we can clean up the trash and repair the damage that has been done through this shutdown. Opposing this bill encourages Trump to keep holding Americans hostage to his delusional demands. Ms. McCOLLUM. Will the gentleman yield for a question? Mr. GRIJALVA. I gladly yield to the gentlewoman from Minnesota (Ms. McCollum). Ms. McCOLLUM. As you know, Mr. Chairman, I feel as strongly as you do about the health and protection of our public lands. In your view, as chairman of the committee that oversees the Interior Department, is the administration protecting the quality of our public lands during this shutdown? Mr. GRIJALVA. Reclaiming my time, the administration has not done enough to protect public safety or the quality of our public lands during this shutdown. New roads have been bulldozed through protected land in Joshua Tree National Park because staff was not there to prevent it. Hikers have been injured and had to rely on volunteers to carry them to safety. We all heard about the trash piling up at precious sites across this country. Every day, we see more damage to our public lands, and that involves, also, the vandalism and looting on protected areas, cultural areas, and historic resources in our public lands and parks. I haven't seen any serious willingness from the administration to end this shutdown and get back to normal operations. Ironically, the permitting for gas, oil, and mining continues, unabated, at the expense of the public taxpayers and employees and, of course, our public lands and parks. Though the permitting process in the refuge and in other parts of New Mexico and Oklahoma continues unabated, this is one part of this shutdown that was not affected at all. Ms. McCOLLUM. Will the gentleman from Arizona (Mr. Grijalva) yield once more? Mr. GRIJALVA. I yield to the gentlewoman from Minnesota (Ms. McCollum). Ms. McCOLLUM. I agree with my colleague that this administration, when it comes to public lands, is making matters worse, not better, by choosing to keep some parks open during the Trump shutdown. This political attempt to minimize the consequences of the shutdown will only result in further damage to our national treasures and place the safety of visitors at risk. Using funds from fee collections to provide operations support to the parks hurts the parks in two ways: This small funding stream cannot replace the $2.5 billion we provide for park operations each year that ensures the safety of visitors, maintains clean and orderly park operations, and safeguards park assets. Redirecting these funds away from their intended purpose delays the capital improvements needed to sustain our parks for our future. Because of this, I join the gentleman in urging the President to close the parks for the remainder of this Trump shutdown or, better yet, to sign this bill into law so that our parks can open fully and safely. Mr. GRIJALVA. Mr. Speaker, reclaiming my time, I am very grateful for my friend's, Representative McCollum's, leadership on this issue and for the tireless efforts of the Appropriations chair and Speaker Pelosi. They are working on behalf of the people to fund and reopen this government. I want to make one particular note. While the harm to our parks has been noted, the damage to Indian Country is less documented and, in many cases, much more personal and devastating. According to a January 1 New York Times report, the shutdown has trapped members of the Navajo Nation in their homes due to unplowed roads in remote areas and has put many Tribal members and their families in severe economic stress. Law enforcement officers continue working without pay because they are Federal employees. Similar scenarios are reported and are playing out in Tribal land across this Nation. The National Council of Urban Indian Health found that 62 percent of the Urban Indian Health Centers will need to cancel programs or cease offering services if the shutdown continues. That process has already begun. Today, I launched an online tool for Americans to share their stories of how the Trump shutdown impacts their lives. I ask them to share their experience of being furloughed, forced to work without pay, and turned away from visiting public lands and denied essential services. Trump and his supporters need to listen to these stories. I encourage everyone to speak out on social media with the hashtag my shutdown story. Mr. CALVERT. Mr. Speaker, I yield myself the balance of my time. Mr. Speaker, I have served on the Appropriations Committee for a long time, and I am proud of the work that we have been able to accomplish in a bipartisan and bicameral manner, which is the history of the Appropriations Committee. Unfortunately, the Senate bill before us today forces us to choose between abdicating our constitutional obligations and underfunding important programs in a way that is unacceptable to me and my constituents. I am afraid this is a bad precedent, and I hope that this does not happen in the future: we just accept whatever the Senate determines is the proper path forward. I am disheartened by the Democrats' closed process that throws our bipartisan House priorities and will neither [[Page H496]] secure our borders nor reopen the government. Rather than passing bills to score political points, I urge my friends on the other side of the aisle to work with us to find a solution that reflects the will of the House, will pass in the Senate, and will be signed by the President. Mr. Speaker, I yield back the balance of my time. Ms. McCOLLUM. Mr. Speaker, I yield myself the balance of my time. Mr. Speaker, I include in the Record two articles dealing with the administration's illegal use of taking fees to keep our parks and refuges open. [From the Hill, Jan. 6, 2019] House Panel To `Demand Answers' on Interior's Move To Use Visitor Fees To Keep Parks Open (By Miranda Green and Timothy Cama) The House Natural Resources Committee intends to investigate the Trump administration's decision to dip into visitor fees to keep parks open, the panel's chairman warned Sunday. Rep. Raul Grijalva (D-Ariz.) said that his committee--which oversees Interior--has plans to look into the legality of the decision, saying the shutdown has done ``terrible damage'' to the U.S. ``President Trump and his advisors apparently just woke up to the fact that the shutdown they created several weeks ago has done terrible damage to our country,'' Grijalva said in a statement Sunday. ``This is not how a rational president behaves, and the Natural Resources Committee will demand answers about whether these moves are legally justified.'' The National Park Service (NPS) announced to staff Sunday a plan to dip into ``entrance, camping, parking and other fees collected from park visitors'' to pay staff to assist in urgent maintenance needs at a number of national parks overburdened by visitors during the recent government shutdown. ``As the lapse in appropriations continues, it has become clear that highly visited parks with limited staff have urgent needs that cannot be addressed solely through the generosity of our partners,'' Daniel Smith, NPS deputy director, said in a statement obtained by The Hill. Smith said he and acting Interior Secretary David Bernhardt developed the plan to ``address the maintenance and sanitation issues that have arisen at a number of highly visited parks.'' ``We are taking this extraordinary step to ensure that parks are protected, and that visitors can continue to access parks with limited basic services,'' the statement read. Bernhardt signed a memorandum Saturday to use the fees known as Federal Lands Recreation Enhancement Act money, The Washington Post reported. Jonathan Jarvis, who led the Park Service under President Obama from 2009 to 2017, slammed the strategy as a ``significant departure'' from how the agency has historically used the money parks. ``Since [the Federal Lands Recreation Enhancement Act's] original passage, it's always been interpreted by the Park Service as not available for operations,'' said Jarvis, who worked in the agency for more than three decades, including as director of the Pacific West region. ``This is a significant departure. It wasn't even a consideration during the 16-day shutdown when I was director,'' he said, referring to the 2013 shutdown. ``That's eating your seed corn.'' Jarvis worried that using the fee money in this way would take it away from park maintenance, which has a backlog nearing $12 billion across the country. Jarvis had officials close parks entirely during the 2013 shutdown, despite criticisms from Republicans and others. He's been highly critical of the Trump administration's strategy to keep them open with little to no staff. ``It sends a particular message that they don't really care about the resource, and probably increasingly, they don't seem to care about the visitor either,'' he said. ``They only seem to care about the bad press that they're getting.'' The gates to most U.S. national parks were left open under the most recent shutdown, which has extended since Dec. 22. While visitors have been able to access parks, many services including bathrooms and trash pick-up was suspended as government employees were kept home. That's created a number of headaches across the country at highly visited parks where trash is piling up, bathrooms are at capacity and visitors aren't being watched by experts. At least one park, Joshua Tree National Park in California, was shuttered due to ``health and safety concerns.'' While in the past access to national parks has been restricted during a shutdown due to safety concerns, former Interior Secretary Ryan Zinke made keeping parks up a priority during his tenure. During the last shutdown last January, Zinke told reporters the parks shouldn't be used as a bargaining chip in shutdown negotiations. ``Our public lands and our monuments really belong to the people and not the government,'' he told CNN. He said however, ``by law'' Interior wasn't allowed to provide clean up services to parks. ``Law enforcement is still there. But things like cleaning the bathrooms . . . and telling the story of our parks, which is important--that side of it, while the `Schumer shutdown' is in, by law we're not able to provide those services,'' Zinke said, mentioning the GOP label for the shutdown at the time. In an interview earlier this week Zinke told The Associated Press that the public should ``Pitch in, grab a trash bag and take some trash out.'' Zinke's last day at Interior was Jan. 2. He resigned from the agency in December amid multiple ethics investigations. However, Interior's plan to dip from the fee pot was laid out clearly in its 2019 shutdown contingency plan, which read: ``Parks that collect fees under the Federal Lands Recreation Enhancement Act (FLREA) will utilize available retained recreation fees balances to provide basic visitor services in a manner that maintains restrooms and sanitation, trash collection, road maintenance, campground operations, law enforcement and emergency operations, and staffing entrance gates as necessary to provide critical safety information.'' Spokesmen for Interior and NPS did not return requests for comment. Critics are questioning the legality of Interior's decision to use the park fees, money that is assigned by Congress to pay for other federal expenses, including the department's multibillion-dollar maintenance backlog. Theresa Pierno, president of the National Parks Conservation Association, called NPS's action the equivalent of stealing. ``Instead of working to reopen the federal government, the administration is robbing money collected from entrance fees to operate our national parks during this shutdown,'' she said in a statement. ``It's incredibly concerning that the Acting Interior Secretary is putting political pressure on Superintendents to keep parks open at the expense of parks' long-term needs and protection.'' Out of the 418 park units across the country, 165 collect fees, and they took in $285.2 million in fiscal year 2017, according to a report last year by the Congressional Research Service. Usually, at least 80 percent of that revenue has to stay with the park that took it in, and the rest can go to other parks. At least one group, the National Park Hospitality Association, applauded the agency's fee strategy. The organization represents companies that operate businesses in parks, like gift shops, restaurants and lodging. ``NPHA has actively supported visitor fee retention by federal recreation providers and use of collected funds for visitor-related purposes,'' Scott Socha, the group's chairman and president for parks and resorts at Delware North Cos., said in a statement. ____ [PBS News Hour, Jan. 9, 2019] Government Restaffs Wildlife Refuges During Shutdown To Allow Hunters Access (By Ellen Knickmeyer) Washington.--The U.S. Fish and Wildlife Service is directing dozens of wildlife refuges to return to work to make sure hunters and others have access despite the government shutdown, according to an email obtained Wednesday by The Associated Press. The partial restaffing of 38 wildlife refuges is angering wildlife groups, who accuse the Trump administration of trying to minimize the public impact of the more than two- week-old shutdown to limit the political blowback for President Donald Trump. Trump and Democrats in Congress are locked in a dispute over Trump's demand for billions of dollars for a wall on the southern U.S. border. In an email sent Tuesday afternoon, Margaret Everson, principal deputy director of the Fish and Wildlife Service, cites ``opportunities, including hunting'' that are being lost in the shutdown. Everson advises in the email that 38 wildlife refuges around the country will bring back some furloughed staff using carryover funds. ``While many of our refuges have remained accessible, but not staffed, the extended lapse in federal appropriations is impacting both our ability to serve the public and to protect natural resources under our care in some places,'' Everson wrote. ``For the next 30 days, using previously appropriated funds, we will bring back a limited number of employees to resume work on high priority projects and activities that support the Service's mission and meet the public's desire for access to Refuge lands,'' Everson said in the email. Everson did not immediately respond to an email from the AP seeking comment. The shutdown has forced federal agencies to stop paychecks for hundreds of thousands of government employees, limiting government services to only the most pressing, such as Transportation Security Administration workers providing security at airports without pay. Unlike as in some past shutdowns, the Interior Department-- which oversees both wildlife refuges and national parks-- initially had directed national parks to stay open but with little staffing, leading to pile-ups of uncollected garbage and human waste in parks. The National Park Service over the weekend said some parks could start using visitor fees to staff during the shutdown. On Wednesday, the National Wildlife Refuge Association, the Coalition to Protect America's National Parks and the U.S. Fish and Wildlife Service Retirees Association [[Page H497]] urged the Trump administration to keep national parks, wildlife refuges and other public lands closed to the public during the shutdown. ``It is simply impossible to steward these shared American treasures properly, leaving thousands of lands and waters accessible to the public with no staff on site, even for an emergency,'' the groups wrote in a letter. Desiree Sorenson-Groves of the National Wildlife Refuge Association criticized the partial restaffing of some wildlife refuges. ``If it wasn't essential to have these refuges open for the past three weeks, how is it essential now?'' she asked. The bottom line was the Trump administration was trying to ``make this less painful to the American public,'' she said. According to the email, the wildlife refuges being restaffed include Oklahoma's Wichita Mountains, scene of an annual winter elk hunt. The other national refuges staffing up again stretch from the Midway Atoll in Hawaii to Florida's Merritt Island. Ms. McCOLLUM. Mr. Speaker, responsibility of funding the government is one of Congress' most important duties. Republicans failed to meet this obligation, and they have allowed President Trump to peddle chaos. The Trump shutdown is creating uncertainty for families, businesses, and communities. More than 800,000 employees are not getting paid today. For that, I am deeply heartsick. Vital services are being disrupted and small businesses are being forced to lay off employees. Democrats are ready to end the Trump shutdown. The Interior bill has already received bipartisan support from the Senate. After this House bill passes, Senate Republicans will have a choice: pass their own bill and end the shutdown, or reject it and keep the government closed. On Monday, the National Governors Association sent a letter asserting ``a Federal Government shutdown should not be a negotiating tactic.'' I agree with the Governors. I am sure that Federal employees whose paychecks are being withheld today feel the same way. Mr. Speaker, I urge my colleagues on both sides of the aisle to support this bill, and I yield back the balance of my time. The SPEAKER pro tempore. All time for debate has expired. Pursuant to House Resolution 28, the previous question is ordered on the bill. The question is on the engrossment and third reading of the bill. The bill was ordered to be engrossed and read a third time, and was read the third time. Motion to Recommit Mr. CALVERT. Mr. Speaker, I have a motion to recommit at the desk. The SPEAKER pro tempore. Is the gentleman opposed to the bill? Mr. CALVERT. In its current form, yes. The SPEAKER pro tempore. The Clerk will report the motion to recommit. The Clerk read as follows: Mr. Calvert moves to recommit the bill H.R. 266 to the Committee on Appropriations with instructions to report the same back to the House forthwith with the following amendments: Page 2, line 14, after the dollar amount, insert ``(reduced by $6,000,000)''. Page 3, line 8, after the dollar amount, insert ``(reduced by $6,000,000)''. Page 46, line 23, after the dollar amount, insert ``(increased by $6,000,000)''. Page 47, line 4, after the dollar amount, insert ``(increased by $6,000,000)''. Page 86, line 24, after the dollar amount, insert ``(increased by $15,000,000)''. Page 87, line 6, after the dollar amount, insert ``(increased by $15,000,000)''. Page 88, line 16, after the dollar amount, insert ``(reduced by $15,000,000)''. Mr. CALVERT (during the reading). Mr. Speaker, I ask unanimous consent to dispense with the reading. The SPEAKER pro tempore. Is there objection to the request of the gentleman from California? There was no objection. The SPEAKER pro tempore. Pursuant to the rule, the gentleman from California is recognized for 5 minutes in support of his motion. Mr. CALVERT. Mr. Speaker, the bill under consideration has $21 million less for a major House priority than what was included in the fiscal year 2019 Interior and Environment bill passed in the last Congress. I am talking about doing more to prevent and stop catastrophic wildfires. For the past 4 fiscal years, the House has prioritized funding to improve our national forests and other Federal forestland through the Department of the Interior's and the Forest Service's hazardous fuels reduction programs. These programs use methods such as thinning, prescribed burns, and removing underbrush to help unhealthy forests return to a healthy condition. In fiscal year 2018, Congress provided $614 million for these programs. Last year, the House-passed bill increased that amount by $30 million for fiscal year 2019. The bill before us today, H.R. 266, only provides a $9 million increase. My motion to recommit will fix this major problem and save lives. The increase is offset by a reduction in the Bureau of Land Management's deferred maintenance account and the Forest Service's capital improvement and maintenance account. These infrastructure programs received significant increases in fiscal year 2018, and they have a large carryover balance. Mr. Speaker, my bottom line is that I cannot support a bill that does less to prevent catastrophic wildfires. My home State of California experienced deadly and record-setting wildfires last year. I was with the President; former Governor Brown and current Governor Newsom; our minority leader; and our colleague, Congressman LaMalfa, in Paradise late last year. In 2017, I also visited Santa Rosa with my colleague from the northern part of the State, Congressman Mike Thompson. The devastation I saw was indescribable and heartbreaking. While we can and should continue to debate what more needs to be done to improve the health of our Nation's forests, I am proud that the Interior and Environment Subcommittee, on a bipartisan and bicameral basis, has led the way. The subcommittee successfully negotiated a forest management reform package and fire-borrowing fix as part of the fiscal year 2018 omnibus appropriations bill. It allowed for more on-the-ground forest management activities. These are the activities that prevent the natural cycle of fires from exploding into terrible conditions. {time} 1045 It provided smarter budgeting for wildfire suppression costs. The budgeting reforms go into effect in fiscal year 2020. I am certain that the new chair on the Interior, Environment, and Related Agencies Subcommittee, my distinguished colleague and friend from Minnesota, looks forward to that. It has been a pleasure to work with her as partners on the forest management and wildland fire budgeting issues. Yet, there is more that we need to do. Today we can start by supporting this motion. It will send a strong message to the Senate that they should focus on this issue. More importantly, it will show Californians and other Americans affected by wildfire that the House is doing something about this problem. Mr. Speaker, I urge my colleagues to support the motion, and I yield back the balance of my time. Ms. McCOLLUM. Mr. Speaker, I rise in opposition to this motion to recommit. The SPEAKER pro tempore. The gentlewoman from Minnesota is recognized for 5 minutes. Ms. McCOLLUM. Mr. Speaker, it is with great reluctance that I read again the tweet by the President of the United States: ``Billions of dollars are sent to the State of California for forest fires that, with proper forest management, would never happen. Unless they get their act together, which is unlikely, I have ordered FEMA to send no more money. It is a disgraceful situation in lives and money.'' That was the President of the United States. Mr. Speaker, I don't even know where to begin with regards to the President's recent threat to block disaster response funds to Californians struggling to restore their lives, to get back in their homes, after the devastating fires of last year, so I am going to spend the rest of my time directly responding to this motion. I think we can all agree, every single one of us, that preventing wildfires is important, and my colleague and I just disagree on the best path forward. I believe that the best path forward is to reopen the government so the U.S. Forest Service can get back to work on the activities that prevent wildfires, critical activities like the hazardous fuel program that should be going on right [[Page H498]] now if we want to prevent fires this coming year. Additionally, again, I would like to note that the bill that we should pass today provides $1.7 million more than the House Republicans passed last year for the Department of the Interior Wildland Fire Management program and $227 million more for the U.S. Forestry Service in wildland fire management. Responsibly funding the Federal Government is one of the most important duties of Congress. This previous majority failed to do so with the most basic task of keeping the lights on. Here we are, day 9 of the 116th Congress. We Democrats are ready to reopen the Federal agencies that have been shut down by President Trump. This legislation has already garnered strong support--strong bipartisan support, I would add--in the Senate. We need to ensure that the Federal Government is open and that it is working for the American people and that our Federal employees get the paychecks they deserve. Mr. Speaker, I yield back the balance of my time. The SPEAKER pro tempore. Without objection, the previous question is ordered on the motion to recommit. There was no objection. The SPEAKER pro tempore. The question is on the motion to recommit. The question was taken; and the Speaker pro tempore announced that the noes appeared to have it. Mr. CALVERT. Mr. Speaker, on that I demand the yeas and nays. The yeas and nays were ordered. The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further proceedings on this question will be postponed. ____________________
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