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114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-170
======================================================================
DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
APPROPRIATIONS BILL, 2016
_______
June 18, 2015.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Calvert, from the Committee on Appropriations,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 2822]
The Committee on Appropriations submits the following
report in explanation of the accompanying bill making
appropriations for the Department of the Interior, the
Environmental Protection Agency, and Related Agencies for the
fiscal year ending September 30, 2016. The bill provides
regular annual appropriations for the Department of the
Interior (except the Bureau of Reclamation and the Central Utah
Project), the Environmental Protection Agency, and for other
related agencies, including the Forest Service, the Indian
Health Service, the Smithsonian Institution, and the National
Foundation on the Arts and the Humanities.
INDEX TO BILL AND REPORT
_______________________________________________________________________
Page number
Bill Report
Title I--Department of the Interior:
Bureau of Land Management.......................... 2
8
United States Fish and Wildlife Service............ 8
12
National Park Service.............................. 14
23
United States Geological Survey.................... 18
32
Bureau of Ocean Energy Management.................. 20
33
Bureau of Safety and Environmental Enforcement..... 21
34
Office of Surface Mining Reclamation and
Enforcement.................................... 24
35
Bureau of Indian Affairs and Bureau of Indian
Education...................................... 26
36
Office of the Secretary............................ 36
41
Office of Insular Affairs.......................... 38
42
Office of the Solicitor............................ 41
43
Office of Inspector General........................ 41
43
Office of the Special Trustee for American Indians. 41
44
Department-wide Programs:
Wildland Fire Management, Interior Department...... 43
44
FLAME Wildfire Suppression Reserve Fund, Interior
Department..................................... 46
45
Central Hazardous Materials Fund................... 47
46
Natural Resource Damage Assessment and Restoration. 47
46
Working Capital Fund............................... 47
46
General Provisions, Department of the Interior..... 49
46
Title II--Environmental Protection Agency: 61
48
Science and Technology............................. 61
49
Environmental Programs and Management.............. 61
51
Hazardous Waste Electronic Manifest System Fund.... n/a
56
Office of Inspector General........................ 62
57
Buildings and Facilities........................... 62
57
Hazardous Substance Superfund...................... 63
58
Leaking Underground Storage Tank Trust Fund Program 64
59
Inland Oil Spill Programs.......................... 64
60
State and Tribal Assistance Grants................. 65
60
Administrative Provisions.......................... 71
63
Title III--Related Agencies:
Forest Service, U.S. Department of Agriculture..... 74
64
Wildland Fire Management, Forest Service........... 79
73
FLAME Wildfire Suppression Reserve Fund, Forest
Service........................................ 82
75
Indian Health Service, U.S. Department of Health
and Human Services............................. 89
75
National Institute of Environmental Health Sciences 97
77
Agency for Toxic Substances and Disease Registry... 98
77
Other Related Agencies:
Council on Environmental Quality and Office of
Environmental Quality.......................... 99
78
Chemical Safety and Hazard Investigation Board..... 99
78
Office of Navajo and Hopi Indian Relocation........ 100
79
Institute of American Indian and Alaska Native
Culture and Arts Development................... 102
80
Smithsonian Institution............................ 102
80
National Gallery of Art............................ 103
82
John F. Kennedy Center for the Performing Arts..... 105
82
Woodrow Wilson International Center for Scholars... 105
83
National Endowment for the Arts.................... 106
83
National Endowment for the Humanities.............. 106
85
Commission of Fine Arts............................ 108
85
National Capital Arts and Cultural Affairs......... 108
86
Advisory Council on Historic Preservation.......... 108
86
National Capital Planning Commission............... 109
86
United States Holocaust Memorial Museum............ 109
87
Dwight D. Eisenhower Memorial Commission........... n/a
87
Title IV--General Provisions: 109
89
INTRODUCTION
The Department of the Interior, Environment, and Related
Agencies Appropriations bill for fiscal year 2016 totals
$30,170,000,000. This amount reflects a $246,000,000 reduction
from the amount appropriated in fiscal year 2015 and a
$3,092,409,000 reduction from the budget request.
The amounts in the accompanying bill are reflected by title
in the table below.
BUDGET AUTHORITY RECOMMENDED IN BILL BY TITLE
----------------------------------------------------------------------------------------------------------------
Committee bill
Activity Budget estimates, Committee bill, compared with
fiscal year 2016 fiscal year 2016 budget estimates
----------------------------------------------------------------------------------------------------------------
Title I, Department of the Interior:
New budget authority............................... $12,024,515,000 $11,369,207,000 -$655,308,000
Title II, Environmental Protection Agency:
New budget authority............................... $8,591,718,000 $7,422,157,000 -$1,169,561,000
Title III, Related Agencies:
New budget authority............................... $12,646,176,000 $11,378,636,000 -$1,267,540,000
Title IV, General Provisions:
New budget authority............................... $0 $0 $0
--------------------------------------------------------
Grand total, New budget authority.............. $33,262,409,000 $30,170,000,000 -$3,092,409,000
----------------------------------------------------------------------------------------------------------------
Committee Oversight
Members of Congress have provided considerable input in
fashioning this bill. In total, 304 Members submitted nearly
3,500 programmatic requests relating to multiple agencies and
programs.
The Interior, Environment, and Related Agencies
Subcommittee takes seriously its oversight responsibility and
conducted 14 budget hearings this year (including six hearings
involving public witnesses and American Indians and Alaska
Natives) to carefully review the programs and budgets under its
jurisdiction. The Subcommittee held the following oversight
hearings:
Indian Health Service FY16 budget oversight hearing--
February 11, 2015
Department of the Interior FY16 budget oversight hearing--
February 25, 2015
Environmental Protection Agency FY16 budget oversight
hearing--February 26, 2015
Bureau of Indian Affairs/Bureau of Indian Education FY16
budget oversight hearing--February 27, 2015
U.S. Forest Service FY16 budget oversight hearing--March 3,
2015
Fish and Wildlife Service FY16 budget oversight hearing--
March 17, 2015
National Park Service FY16 budget oversight hearing--March
17, 2015
Public Witnesses--March 18, 2015 (morning)
Public Witnesses--March 18, 2015 (afternoon)
Bureau of Land Management FY16 budget oversight hearing--
March 19, 2015
American Indian/Alaska Native Public Witnesses--March 24,
2015 (morning)
American Indian/Alaska Native Public Witnesses--March 24,
2015 (afternoon)
American Indian/Alaska Native Public Witnesses--March 25,
2015 (morning)
American Indian/Alaska Native Public Witnesses--March 25,
2015 (afternoon)
In total, 142 individuals representing the Executive
Branch, Congress, State, tribal, and local governments, and the
general public testified before the Subcommittee. In addition
to those who testified personally, another 123 individuals and
organizations provided written testimony for the permanent
hearing record. These hearings are contained in eight published
volumes totaling almost 9,000 pages which are publicly
available online.
COST OF WILDLAND FIRE
In seven of the last ten years, the Forest Service and the
Department of the Interior have exceeded their wildland fire
suppression budgets despite being fully funded at the ten-year
suppression average for such costs. Fire seasons have grown
longer and more destructive, putting people, communities, and
ecosystems at greater risk. Fire borrowing has now become
routine rather than extraordinary. Borrowing from non-fire
accounts to pay suppression costs results in the Forest Service
and Department of the Interior having fewer resources available
for forest management activities, including hazardous fuels
management and other proven efforts, to improve overall forest
health and reduce the risk of catastrophic wildland fires.
The Committee maintains that the most catastrophic wildland
fires should be treated similar to other major natural
disasters such as floods and hurricanes and funded through the
disaster cap adjustment established by the Budget Control Act
of 2011 (P.L. 112-25). This common sense reform would allow for
a more responsible and stable way to budget for wildland fire
costs.
As Congress continues to debate the best approach for fire
budgeting, the Committee has provided robust wildland fire
funding in its fiscal year 2016 bill. The bill includes a total
of $3,584,873,000 in wildland fire funding for the Department
of the Interior and the Forest Service, $51,736,000 above the
fiscal year 2015 enacted level. Fire suppression accounts
(including FLAME) are again fully funded at the ten-year
average level. Hazardous fuels funding, a critical component of
an effective overall fire strategy, is maintained at the fiscal
year 2015 enacted level of $525,749,000.
PAYMENTS IN LIEU OF TAXES (PILT)
The Payments in Lieu of Taxes (PILT) program provides
compensation to local governments for the loss of tax revenue
resulting from the presence of Federal land in their county or
State. In 2015, 49 States, the District of Columbia, Guam, the
Commonwealth of Puerto Rico, and the U.S. Virgin Islands will
receive PILT payments. The Committee includes bill language
providing full PILT funding for fiscal year 2016.
WESTERN DROUGHT
The U.S. Drought Monitor confirms that a population of
nearly 55 million in the Western United States is currently
affected by drought conditions, with significant portions of
the States suffering from severe to exceptional drought.
California has entered a fourth consecutive year of drought.
Drought conditions are difficult to address at the time the
drought is occurring. A declining water supply puts pressure on
regulators and competition between human and environmental uses
of water is likely to intensify. However, there are steps that
can be taken to stretch available water supplies.
Given that drought heightens conflicts over water
allocations, the Committee directs the Department of the
Interior to use all of the flexibility and tools available to
mitigate the impacts of this drought. The Committee notes that
reduced water flows during times of drought are not the sole
source of ecosystem stress, and believes that environmental
water use can be made more effective through adopting new
approaches to management. It is not possible to undo all the
ecological changes that have occurred over decades of human
water and land use. Strategies need to adapt to changing
conditions in ways that benefit ecosystems as well as local
economies.
RECREATION FEE AUTHORITY
Enacted in 2004, the Federal Land Recreation Enhancement
Act (FLREA) authorized five agencies to collect and expend
recreation fees on land they manage: the Department of the
Interior's Bureau of Land Management, Bureau of Reclamation,
National Park Service, and U.S. Fish and Wildlife Service, and
the U.S. Department of Agriculture's Forest Service. These
fees, which leverage other funding sources and complement
appropriated funds, fund projects that directly benefit the
visitor experience.
The authority for FLREA is scheduled to sunset at the end
of the current fiscal year. This expiration would impact the
Department of the Interior's estimated annual collection of
$217 million, of which the National Park Service collects
nearly $192 million. In 2014, the recreation fee program
collected nearly $279 million from the Forest Service and the
Department of the Interior combined. An extension of recreation
fee authority is necessary for land managers to plan for
upcoming seasons including selling annual passes, hiring
seasonal employees, planning projects, organizing volunteers,
and accepting reservations. The Committee has included within
Title IV General Provisions a one-year extension of the current
recreation fee authority as requested.
COST OF LITIGATION
The Committee remains concerned that many of the legitimate
goals of the Forest Service, the Department of the Interior,
and other agencies under the Committee's jurisdiction--as well
as the work of this Committee--are undermined by litigation
filed in an effort to shift land management decisions from the
agencies to the courts, regardless of merit.
Litigation is a significant unbudgeted cost for all
agencies. The Committee is concerned that, as budgets shrink,
agencies are forced to settle lawsuits quickly because they
don't have funds available to complete court-imposed work. In
addition, the courts are not concerned whether agencies have
funding necessary to meet court mandates. As a result, the
courts are playing an increasing role in determining how and
where agencies use their funding.
Given ongoing concerns, the Department of the Interior,
EPA, and the Forest Service are directed to provide to the
House and Senate Committees on Appropriations, and to make
publicly available not later than 60 days after enactment of
this Act, detailed Equal Access to Justice Act fee information
as specified in the Consolidated and Further Appropriations
Act, 2015.
STATE WILDLIFE DATA
The Committee is concerned that the Department of the
Interior, its bureaus, and the Forest Service are not
maximizing the opportunity to save funds and leverage States'
on-the-ground wildlife expertise. State wildlife agencies often
have the best available science on species and retain primary
jurisdiction over most wildlife on Federal, State, and private
lands. The Federal government should recognize and fully
utilize State resources, including scientific information about
species population numbers, conservation status, and habitat
availability, among other data. The Committee directs Federal
agencies to cooperatively engage with State wildlife agencies
and to use State fish and wildlife data and analyses as a
primary source to inform Federal land use, land planning, and
related natural resource decisions. The agencies should not
duplicate analysis of raw data previously prepared by the
States. Federal agencies should also provide their data to
State wildlife managers to ensure that the most complete data
is available to be incorporated into all decision support
systems.
REPROGRAMMING GUIDELINES
The following are the procedures governing reprogramming
actions for programs and activities funded in the Department of
the Interior, Environment, and Related Agencies Appropriations
Act. The Committee reminds the agencies funded in this Act that
these reprogramming guidelines are in effect, and must be
complied with, until such time as the Committee modifies them
through bill or report language.
Definitions.--``Reprogramming,'' as defined in these
procedures, includes the reallocation of funds from one budget
activity, budget line item or program area, to another within
any appropriation funded in this Act.
For construction, land acquisition, and forest legacy
accounts, a reprogramming constitutes the reallocation of
funds, including unobligated balances, from one construction,
land acquisition, or forest legacy project to another such
project.
A reprogramming shall also consist of any significant
departure from the program described in the agency's budget
justifications. This includes proposed reorganizations,
especially those of significant national or regional
importance, even without a change in funding. Any change to the
organization table presented in the budget justification shall
be subject to this requirement.
General Guidelines for Reprogramming.--
(a) A reprogramming should be made only when an unforeseen
situation arises, and then only if postponement of the project
or the activity until the next appropriation year would result
in actual loss or damage.
(b) Any project or activity, which may be deferred through
reprogramming, shall not later be accomplished by means of
further reprogramming, but instead, funds should again be
sought for the deferred project or activity through the regular
appropriations process.
(c) Except under the most urgent situations, reprogramming
should not be employed to initiate new programs or increase
allocations specifically denied or limited by Congress, or to
decrease allocations specifically increased by the Congress.
(d) Reprogramming proposals submitted to the House and
Senate Committees on Appropriations for approval shall be
considered approved 30 calendar days after receipt if the
Committees have posed no objection. However, agencies will be
expected to extend the approval deadline if specifically
requested by either Committee.
Criteria and Exceptions.--A reprogramming must be submitted
to the Committees in writing prior to implementation if it
exceeds $1,000,000 annually or results in an increase or
decrease of more than 10 percent annually in affected programs,
with the following exceptions:
(a) With regard to the tribal priority allocations of the
Bureau of Indian Affairs and Bureau of Indian Education, there
is no restriction on reprogrammings among these programs.
However, the Bureaus shall report on all reprogrammings made
during a given fiscal year no later than 60 days after the end
of the fiscal year.
(b) With regard to the EPA, State and Tribal Assistance
Grants account, the Committee does not require reprogramming
requests associated with States and Tribes Partnership Grants.
Assessments.--``Assessment'' as defined in these procedures
shall refer to any charges, reserves, or holdbacks applied to a
budget activity or budget line item for costs associated with
general agency administrative costs, overhead costs, working
capital expenses, or contingencies.
(a) No assessment shall be levied against any program,
budget activity, subactivity, budget line item, or project
funded by the Interior, Environment, and Related Agencies
Appropriations Act unless such assessment and the basis
therefor are presented to the Committees on Appropriations in
the budget justifications and are subsequently approved by the
Committees. The explanation for any assessment in the budget
justification shall show the amount of the assessment, the
activities assessed, and the purpose of the funds.
(b) Proposed changes to estimated assessments, as such
estimates were presented in annual budget justifications, shall
be submitted through the reprogramming process and shall be
subject to the same dollar and reporting criteria as any other
reprogramming.
(c) The Committee directs that each agency or bureau which
utilizes assessments shall submit an annual report to the
Committees which provides details on the use of all funds
assessed from any other budget activity, line item,
subactivity, or project.
(d) In no case shall contingency funds or assessments be
used to finance projects and activities disapproved or limited
by Congress, or to finance programs or activities that could be
foreseen and included in the normal budget review process.
(e) New programs requested in the budget should not be
initiated before enactment of the bill without notification to,
and the approval of, the Committees on Appropriations. This
restriction applies to all such actions regardless of whether a
formal reprogramming of funds is required to begin the program.
Quarterly Reports.--All reprogrammings between budget
activities, budget line items, program areas, or the more
detailed activity levels shown in this agreement, including
those below the monetary thresholds established above, shall be
reported to the Committees within 60 days of the end of each
quarter and shall include cumulative totals for each budget
activity, budget line item, or construction, land acquisition,
or forest legacy project.
Land Acquisitions, Easements, and Forest Legacy.--Lands
shall not be acquired for more than the approved appraised
value (as addressed in section 301(3) of Public Law 91-646),
unless such acquisitions are submitted to the Committees on
Appropriations for approval in compliance with these
procedures.
Land Exchanges.--Land exchanges, wherein the estimated
value of the Federal lands to be exchanged is greater than
$1,000,000, shall not be consummated until the Committees have
had a 30-day period in which to examine the proposed exchange.
In addition, the Committees shall be provided advance
notification of exchanges valued between $500,000 and
$1,000,000.
Budget Structure.--The budget activity or line item
structure for any agency appropriation account shall not be
altered without advance approval of the House and Senate
Committees on Appropriations.
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
MANAGEMENT OF LANDS AND RESOURCES
Appropriation enacted, 2015........................... $970,016,000
Budget estimate, 2016................................. 1,067,466,000
Recommended, 2016..................................... 1,015,046,000
Comparison:
Appropriation, 2015............................... +45,030,000
Budget estimate, 2016............................. -52,420,000
The Committee recommends $1,015,046,000 for Management of
Lands and Resources, $45,030,000 above the fiscal year 2015
enacted level and $52,420,000 below the budget request. A
detailed table of funding recommendations below the account
level is provided at the end of this report. The Committee
recommendation includes further details below. The Committee
does not accept the proposal to transfer funds from various
accounts to National Conservation Lands.
Soil, Water, and Air Management.--The Committee recommends
$43,239,000 for soil, water, and air management, equal to the
fiscal year 2015 enacted level and $3,516,000 below the budget
request. The Colorado River Basin Salinity Program is funded at
$1,500,000. The Committee urges the Bureau to provide
additional information, such as a table, in its fiscal year
2017 budget request for this program.
Rangeland Management.--The Committee recommends $79,000,000
for rangeland management, equal to the fiscal year 2015 enacted
level and $2,556,000 above the budget request. The Committee
directs the Bureau to focus on reducing the grazing permit
backlog and carrying out a systematic program of range
monitoring, land health assessments, development and
implementation of allotment management plans, and adaptive
management. The Committee rejects the Bureau's proposal to
impose new grazing fees.
Wild Horse and Burro Management.--The Committee recommends
$77,245,000 to implement Public Law 92-195 (16 U.S.C. 1331 et
seq.) requiring the protection, management, and control of
free-roaming horses and burros on public lands, equal to the
fiscal year 2015 enacted level and $3,310,000 below the budget
request.
Within this amount, the Committee recommends $1,000,000 to
continue to study and test the feasibility of implementing a
scientifically sound and humane sterilization program in
partnership with universities and non-profit organizations. The
Committee supports continued research to develop and refine a
variety of fertility-control methods, including
immunocontraceptives, which allow for self-sustaining
populations of wild horses and burros while maintaining the
genetic viability of the protected herds.
The Committee also remains concerned about the large number
of horses that are held in long-term holding. Given the
increasing costs of operating the program, the Committee
encourages BLM to increase the development and use of
population control measures and to begin implementation of the
recommendations of the National Academy of Sciences regarding
the use of currently available fertility control methods while
research continues.
The bill continues a prohibition on funds to implement
Section 1333(b)(2)(C) of Title 16, United States Code,
requiring the humane destruction of excess animals that are not
adopted. The bill also continues a general provision within
Title I allowing the BLM to enter into long-term contracts and
agreements for holding facilities off the range.
Wildlife and Fisheries.--The Committee recommends
$101,911,000 for wildlife and fisheries, $37,043,000 above the
fiscal year 2015 enacted level and $155,000 below the budget
request. Within the total provided, the Committee recommends
$89,381,000 for wildlife management. The additional $37,043,000
is intended for BLM to implement the sage-grouse conservation
plans. The Committee recommends $12,530,000 for fisheries
management.
Plant Conservation Program.--The Committee recognizes the
Bureau's efforts to develop a National Seed Strategy in
collaboration with other Federal agencies, States, industry,
and partners and encourages BLM to actively implement the plan.
Funding for plant conservation activities is provided through a
number of accounts. The Committee requests that the Bureau
provide a recommendation in its fiscal year 2017 budget request
regarding the proposal to consolidate plant conservation
program activities under a single budget subactivity.
The Committee continues to be concerned that the Bureau's
policy of using highly localized genetic varieties of native
seeds may be unnecessarily limiting, driving up procurement
costs, and causing delays in re-seeding areas burned by fire.
The Bureau is directed to publish its yearly estimated seed
needs by variety to be more transparent with the science
supporting its policy. The Committee requests additional
information on its relationship with the U.S. Department of
Agriculture's Plant Material Centers and efforts to avoid
duplicative expenses and efforts.
Recreation Management.--The Committee recommends
$66,961,000 for recreation management, equal to the fiscal year
2015 enacted level and $8,449,000 below the budget request. The
bill includes a general provision in Title IV prohibiting the
use of funds to close areas open to recreational hunting and
shooting as of January 1, 2013.
The Committee is concerned about the BLM's potential
development or expansion of new public lands along a portion of
the Red River between Texas and Oklahoma that are the subject
of a long-standing boundary dispute. The Committee directs the
Secretary to consult with the States and Congress before taking
any further action.
Energy and Minerals.--The Committee recommends $143,551,000
for energy and minerals, equal to the fiscal year 2015 enacted
level and $24,652,000 above the budget request. The Committee
does not accept the proposal to increase onshore inspection
fees.
The Committee is aware that Applications for Permits to
Drill (APD) fee collections will transition from discretionary
funding to mandatory funding. In prior years, APD fees were
appropriated and available for expenditure in advance of
collections. However, beginning in fiscal year 2016, BLM can
access the fees only as they are collected. The reliance on
realized collections may result in a shortfall in funding early
in the fiscal year, particularly in the first year of the
transition. The Committee believes this transition can be
appropriately accommodated given the flexibility to use base
appropriated funding in the Oil and Gas Management program for
APD permitting program operations. The Committee does not
support the proposal to establish a new budget line for these
activities and instead provides sufficient funding within Oil
and Gas Management to maintain the current level of APD program
support. The Committee believes continuation of the current
budget structure, sufficient appropriated funding for
processing activities, and the ability to reprogram funds as
needed, will enable the BLM to cover operating costs in early
fiscal year 2016.
Resource Protection and Maintenance.--The Committee
recommends $104,049,000 for resource protection and
maintenance, $8,000,000 above the fiscal year 2015 enacted
level and $16,519,000 below the budget request.
Resource Management Planning.--The Committee recommends
$46,125,000 for resource management planning, $8,000,000 above
the fiscal year 2015 enacted level and $13,216,000 below the
budget request. Included is $8,000,000 for monitoring in
support of the greater sage-grouse conservation initiative. The
Committee reminds the Bureau not to duplicate existing efforts
at the U.S. Geological Survey and in the private sector.
Law Enforcement.--The Committee recommends $25,325,000 for
law enforcement, equal to the fiscal year 2015 enacted level
and $170,000 below the budget request. The Bureau is directed
to focus on visitor safety and archaeological resource
protection, and to defer to the Department of Justice and the
Department of Homeland Security for investigative and other
non-emergency matters of Federal law not unique to Bureau lands
or property.
Challenge Cost Share.--The Committee recommends $2,400,000
for the challenge cost share program, $13,000 below the fiscal
year 2015 enacted level and $10,016,000 below the budget
request. Of the funds provided, $300,000 is for long-standing
outdoor ethics education and stewardship programs designed to
help keep America's public lands healthy, open and accessible
for opportunities to enjoy responsible outdoor recreation,
especially high-impact activities such as recreational shooting
and off-highway vehicle use.
National Landscape Conservation System.--The Committee
recommends $31,819,000 for the national landscape conservation
system, equal to the fiscal year 2015 enacted level and
$16,651,000 below the budget request. The bill includes a
general provision in Title I prohibiting the use of funds to
implement Secretarial Order Number 3310 pertaining to wild
lands.
State Office Consolidation.--The Committee directs the
Bureau not to consolidate the Arizona and New Mexico State
offices and reminds the Bureau that office consolidation
proposals are subject to the Committee's reprogramming
requirements.
Sage-grouse Conservation.--Over the past three years,
Congress, the Departments of the Interior and Agriculture, 11
western States, and other partners have undertaken a major,
collaborative effort to prevent a listing of the sage-grouse as
endangered under the Endangered Species Act. As part of that
process, the Bureau of Land Management (BLM) and U.S. Forest
Service (USFS) recently released their proposed resource
management plans to protect the sage-grouse and the sage-brush
ecosystem. The Committee is aware some States have serious
concerns with the plans, and that BLM and USFS appear to have
disregarded some of the recommendations the States provided.
These include concerns about transparency and consultation with
the public, the rationale for limiting certain activities while
fire and invasive species cause greater harm to the sage-
grouse, lack of fairness in balancing livestock grazing with
the management of wild horses and burros, and unexplained
changes between the draft and final management plans. In order
for the sage-grouse, communities, and States to thrive, all
partners must work in good faith. As such, the Committee
directs BLM and USFS to closely work with each of the 11 States
and the affected communities to address the issues unique to
each State and seek to collaboratively resolve all issues. In
addition, the Committee directs BLM and USFS to report to the
Committees on Appropriations of the House and Senate on each
concern raised by a State and the resolution thereof within 30
days after the comment period closes on the proposed resource
management plans. The Committee will continue to monitor the
Administration's actions regarding the sage-grouse, especially
the discussions between the States and BLM and USFS, and will
provide additional direction as needed.
LAND ACQUISITION
Appropriation enacted, 2015........................... $19,746,000
Budget estimate, 2016................................. 38,000,000
Recommended, 2016..................................... 7,250,000
Comparison:
Appropriation, 2015............................... -12,496,000
Budget estimate, 2016............................. -30,750,000
The Committee recommends $7,250,000 for Land Acquisition,
$12,496,000 below the fiscal year 2015 enacted level and
$30,750,000 below the budget request. A detailed table of
funding recommendations below the account level is provided at
the end of this report. The Committee recommendation includes
further details below.
The recommendation includes $2,500,000 for land acquisition
projects included in the fiscal year 2016 budget request. The
Bureau is directed to re-prioritize its project list as
necessary to focus on acquisitions where opportunities for
recreation, and local, State, and congressional support, are
strongest.
Consistent with other land acquisition accounts funded by
this appropriation, the recommendation includes $2,000,000 for
acquisitions that improve access to existing Federal public
lands via road, river, or trail for hunting, fishing, and other
public recreation, as authorized by law or regulation.
The recommendation includes $1,000,000 for inholdings and
other acquisitions considered by the Bureau to be emergencies
or hardships. The Bureau is directed to notify the Committee of
any land acquired with these funds. The Committee defines
``inholding'' as non-Federal land within designated management
areas and bordered by not less than 51 percent of Federal
public land.
OREGON AND CALIFORNIA GRANT LANDS
Appropriation enacted, 2015........................... $113,777,000
Budget estimate, 2016................................. 107,734,000
Recommended, 2016..................................... 110,602,000
Comparison:
Appropriation, 2015............................... -3,175,000
Budget estimate, 2016............................. +2,868,000
The Committee recommends $110,602,000 for the Oregon and
California grant lands, $3,175,000 below the fiscal year 2015
enacted level and $2,868,000 above the budget request. A
detailed table of funding recommendations below the account
level is provided at the end of this report.
RANGE IMPROVEMENTS
The Committee recommends an indefinite appropriation of not
less than $10,000,000 to be derived from public lands receipts
and Bankhead-Jones Farm Tenant Act lands grazing receipts, as
requested.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
The Committee recommends an indefinite appropriation
estimated to be $31,050,000 for Service Charges, Deposits, and
Forfeitures, as requested.
MISCELLANEOUS TRUST FUNDS
The Committee recommends an indefinite appropriation
estimated to be $24,000,000, as requested for Miscellaneous
Trust Funds.
ADMINISTRATIVE PROVISIONS, BUREAU OF LAND MANAGEMENT
The Committee recommendation includes the requested
Administrative Provisions.
UNITED STATES FISH AND WILDLIFE SERVICE
The mission of the U.S. Fish and Wildlife Service (Service)
is to conserve, protect and enhance fish and wildlife and their
habitats for the continuing benefit of people. Although the
States are primarily responsible for management of fish and
wildlife within their borders, the Service has been delegated
responsibilities for certain threatened and endangered species,
interjurisdictional fish and migratory bird species, and marine
mammals, in addition to managing the National Fish Hatchery
System and the National Wildlife Refuge System.
RESOURCE MANAGEMENT
Appropriation enacted, 2015........................... $1,207,658,000
Budget estimate, 2016................................. 1,326,832,000
Recommended, 2016..................................... 1,220,343,000
Comparison:
Appropriation, 2015............................... +12,685,000
Budget estimate, 2016............................. -106,489,000
The Committee recommends $1,220,343,000 for Resource
Management, $12,685,000 above the fiscal year 2015 enacted
level and $106,489,000 below the budget request. A detailed
table of funding recommendations below the account level is
provided at the end of this report. Proposed internal transfers
and program changes for fiscal year 2016 are recommended where
discussed below.
Tribal Consultation.--The recommendation does not include
the proposed consolidation of tribal consultation funding
within the central office because of recent reports by the
Government Accountability Office (GAO) and others highlighting
the problems caused by the centralization of programs for
Indian tribes elsewhere within the Department of the Interior.
Ecological Services.--The recommendation includes
$231,920,000 for the Ecological Services activity. Proposed
budget structure changes and associated internal transfers are
recommended except that Recovery should remain a distinct
subactivity, as described in further detail below. The States
and other Service partners have raised valid concerns about
transparency in the Service's budget realignment proposal. The
Committee recommendation attempts to address these specific
concerns while at the same time helping the Service to achieve
efficiencies and cost savings. Nevertheless, the Service must
improve its ability to account for expenditures to implement
certain laws passed by the Congress, particularly the
Endangered Species Act (ESA). As a first step, the Service
should include in annual budget submissions a crosscut table
estimating amounts budgeted for implementation of the ESA, by
subactivity, across the Service's budget. The Service should
also more closely align its presentation of authorizing
statutes and budget subactivities in annual budget submissions.
Listing.--The recommendation includes $10,257,000 for
foreign and domestic listings, responses to petitions to list,
and designation of critical habitat pursuant to the Endangered
Species Act.
The Committee remains concerned that deadlines imposed by
the 2011 multispecies litigation settlements may be
compromising the Service's ability to be thorough in its
economic impact analyses, to provide fair public notice and
opportunity to comment, to base decisions upon the best
available scientific evidence, and to be exceptionally
transparent with the information upon which its decisions are
made. The Service is directed to re-evaluate its workplans in
order to meet these obligations in light of the budget, and to
request deadline extensions as necessary.
The Committee is concerned about the critical habitat
proposal for the western distinct population segment of the
yellow-billed cuckoo, published in the Federal Register on
August 15, 2014. The proposal designates a Federal flood
control reservoir as critical habitat. The Army Corps of
Engineers, which manages the reservoir, has publicly stated its
objection because any compromises in the management of the dam
and reservoir for flood control purposes ``may increase the
risk of loss of human life and cause significant impacts to
economics downstream.'' The Endangered Species Act is clear in
its directive that the Service must take into consideration the
economic impact and any other relevant impact of specifying any
particular area as critical habitat. The Committee maintains
that flood control for the purposes of protecting human lives
and property must not only be taken into consideration but must
also be off-limits to critical habitat designations. The
Service is urged to exercise common sense and sound judgment
before finalizing the critical habitat rule for the yellow-
billed cuckoo.
The Committee is aware that the Service will be re-opening
the public comment period for the Big Sandy and Guyandotte
crayfish and publishing in the Federal Register the methods,
results, and conclusions of the population surveys underway.
The Committee is supportive of these efforts to take into
consideration any additional comments received between June 8,
2015, and the end of the reopened comment period, and to
refrain from publishing a final rule until April 7, 2016.
Planning and Consultation.--The recommendation includes
$100,787,000 for evaluations and permitting of proposed
infrastructure and other development projects. The increase
requested for more timely evaluations and permits is partially
funded at $1,951,000. The Service is directed to more clearly
define timeliness and to update its performance measures
beginning with the fiscal year 2017 budget request. The request
to handle the Service's increased permitting workload in the
Gulf as a result of the 2010 Deepwater Horizon oil spill is
partially funded at $500,000.
The Committee recognizes the important role of Habitat
Conservation Plans (HCPs) in both recovery of species and in
providing economic certainty and growth to municipalities
affected by listed species, and encourages the Service to place
a priority on working with partners making good faith efforts
to develop and implement responsible HCPs.
Conservation and Restoration.--The recommendation includes
$33,396,000 for conservation and restoration activities not
specifically directed at the recovery of threatened and
endangered species. Coastal Barrier Resources Protection Act
implementation is funded at $1,390,000 as requested. The
National Wetlands Inventory program is funded at $3,721,000,
which is $250,000 above the fiscal year 2015 enacted level. The
sagebrush steppe ecosystem is funded at $4,000,000 as
requested. The Committee is aware that under a court settlement
the Fish and Wildlife Service must complete a status review for
greater sage-grouse by September 30, 2015, and make a
determination as to whether or not listing greater sage-grouse
is warranted. However, such determination has no legal force or
effect pursuant to section 122 of the Consolidated and Further
Continuing Appropriations Act, 2015 (division F of Public Law
113-235; 128 Stat. 2421), any similar provision in this Act, or
any continuing resolution carrying forward the terms and
conditions from fiscal year 2015 into fiscal year 2016.
Recovery.--The recommendation includes $87,480,000 for
recovery planning and oversight, five-year status reviews, and
associated downlisting and delisting activities. The increase
requested to address the backlog of species that have been
identified for potential delisting or downlisting based upon
recent five-year reviews is fully funded at $7,741,000. The
Service is directed to submit annually with its budget request
a complete list of all species with completed 5-year reviews
recommending downlisting or delisting that have not yet been
acted on. The recommendation includes the requested increase
for ecosystem restoration. The recommendation includes $500,000
for annual state-of-the-birds status reporting. Not less than
$2,000,000 is recommended for the recovery of listed bat
species impacted by white-nose syndrome. General program
activities are funded at $78,878,000 as requested.
Notwithstanding the reprogramming guidelines in the front of
this report, the Service is directed to submit a reprogramming
request to the Committee if necessary to comply with the
directives below.
The Service is directed to develop recovery plans for all
listed species as required by law; to include in each recovery
plan measurable recovery goals that the Service, the States,
and their partners can strive for; and to report to the
Congress on any species for which the Secretary finds that a
recovery plan will not promote the conservation of the species,
including the justification.
The Service is directed to complete all status reviews
within the five-year period required by law, and, for any
determination on the basis of such review whether a species
should be delisted, downlisted, or uplisted, promulgate an
associated regulation prior to initiating the next status
review for such species.
The Committee is concerned that the Service's proposed rule
to change the designation of critical habitat (79 Fed. Reg.
27066) could unfairly broaden areas so designated. The
Committee is concerned that the Service's proposed rule to
change the definition of ``adverse modification or
destruction'' (79 Fed. Reg. 27060) could preclude the Service
from carrying out reasonable and timely section 7 consultations
or approving incidental take statements. The Service is
directed to convene meetings upon request with organizations
seeking changes to the proposed rules, and act in good faith to
address those changes before the finalization, implementation,
issuance, or publication of the proposed rules.
The cooperative recovery initiative with other Service
programs is funded at $1,943,000, which is $1,570,000 above the
fiscal year 2015 enacted level and $957,000 below the budget
request. Funds may be transferred to other budget activities
within Resource Management, notwithstanding the reprogramming
guidelines in the front of this report, provided the funds are
strictly used for this initiative.
The recommendation includes $2,500,000 in matching funds
for recovery actions with non-governmental partners, $2,000,000
above the budget request. The Committee recognizes the
important role that non-governmental partners have played in
the recovery of endangered species, such as the California
condor and the aplomado falcon, and directs the Service to
continue to foster these and similar partnerships nationwide.
The Committee is concerned that the Service's interim 4(d)
rule with respect to the northern long-eared bat, which
prescribed habitat conservation measures for certain activities
exempted from incidental take prohibitions, unfairly failed to
exempt other activities that could be conducted in accordance
with these same measures. The Committee maintains that section
4(d) of the Endangered Species Act authorizes the Service to
prohibit certain acts on threatened species but does not
authorize the Service to prejudge individual activities that
may result in such acts. Therefore, the bill includes language
directing the Secretary to: (1) amend the current interim 4(d)
rule for the northern long-eared bat to exempt without
prejudice any activity that complies with the habitat
conservation measures prescribed in the rule; and (2) re-
initiate a public process in accordance with existing law to
develop a final 4(d) rule. Recognizing the seriousness of
white-nose syndrome and its effect on northern long-eared bats
and other bat species, and the desire of States, industry,
research partners, and others to address the disease, the
Committee encourages the Service to work collaboratively with
interested partners on the development of fair interim and
final 4(d) rules.
The bill includes language directing the Secretary to re-
issue final rules delisting recovered gray wolves in Wyoming
and the Great Lakes, consistent with congressional action on
recovered gray wolves in Idaho and Montana in the fiscal year
2011 appropriation. The Committee is compelled to act again in
order to uphold the integrity of the Endangered Species Act,
which hinges upon the guarantee that the Federal government
will return management to the States once recovery goals are
met and scientifically-sound management plans are in place.
Upon enactment of this Act, the Service is urged to finalize
its proposal to delist recovered gray wolves range-wide.
The Committee understands that the listing of the lesser
prairie chicken as threatened under the Endangered Species Act
gave States containing lesser prairie chicken habitats the
opportunity to implement voluntary range-wide conservation
plans. Several States are now engaged in voluntary range-wide
lesser prairie chicken conservation plan implementation. The
Committee supports ongoing State management of the lesser
prairie chicken and the cooperative efforts between States and
the Fish and Wildlife Service to fully implement voluntary
range-wide conservation plans.
The Committee directs the Secretary to complete the next
five-year status review on delta smelt, as required by law, and
to include in the next Recovery Report to Congress a
determination of whether the species is more or less numerous,
or unknown, since the species was listed.
Habitat Conservation.--The recommendation includes
$51,776,000 for the Partners for Fish and Wildlife private
lands program, equal to the fiscal year 2015 enacted level, of
which $1,285,000 is for Regional Fisheries Enhancement Groups
as requested. The recommendation includes $13,375,000 for the
Coastal Program as requested.
National Wildlife Refuge System.--The recommendation
includes $483,054,000 for the National Wildlife Refuge System,
$8,852,000 above the fiscal year 2015 enacted level. Volunteer
partnerships are increased by $500,000 above the fiscal year
2015 enacted level with the goal of increasing the number of
volunteer hours, which have declined in recent years. Law
enforcement is funded at $38,959,000 as requested, $905,000
above the fiscal year 2015 enacted level. Refuge maintenance is
funded at $139,910,000 as requested, $7,412,000 above the
fiscal year 2015 enacted level.
Comprehensive Conservation Plans (CCPs) are increased by
$500,000 above the fiscal year 2015 enacted level with the goal
of bringing the Service into compliance with the National
Wildlife Refuge System Improvement Act of 1977, which required
a CCP for every unit of the National Wildlife Refuge System by
2012 and a revision of every CCP at least every 15 years. The
Service's proposal to transform the way it develops CCPs is
laudable but is no excuse for missing deadlines. The increase
for CCPs is partially offset by a reduction of $465,000 from
planning for more refuges, in order to re-focus the planning
program on its higher priority mandates.
Within 90 days of enactment of this Act, the Service should
provide to the Committee any written policies and procedures
that relate to the use of animal traps within the National
Wildlife Refuge System, by State if applicable. The Service is
encouraged to comply with State regulations for the use of
animal traps for non-consumptive management purposes on
national wildlife refuges within each State.
Migratory Bird Management.--The recommendation includes
$47,718,000 for migratory bird management, $1,250,000 above the
fiscal year 2015 enacted level. Increases include $1,000,000 as
requested to take corrective action to improve aviation safety;
and $250,000 to improve permitting, particularly for bird/
livestock conflicts. The Service is commended for its efforts
to work with landowners to reduce black vulture predation on
livestock.
Law Enforcement.--The recommendation includes $73,772,000
for law enforcement, $7,035,000 above the fiscal year 2015
enacted level and $1,651,000 below the budget request. Wildlife
trafficking is funded at $6,500,000 which is $3,000,000 above
the fiscal year 2015 enacted level. General program activities
are funded at $64,500,000. The Service is directed to enforce
illegal logging violations pursuant to the Lacey Act.
The Committee has concerns about the application of 50 CFR
Part 14 to the export of sea urchin and sea cucumber. The
Service is directed to evaluate whether these types of
echinoderms should be included in the exceptions to clearance
requirements, as part of Subpart E, Section 14.55(a) and submit
a report to the Committee within 60 days of enactment of this
Act. Additionally, if the Service determines that sea urchin
and sea cucumber should not receive an exception, the report
should include an evaluation of the potential application of a
24-hour notice rule to the Service rather than the current 48-
hour advanced notice that is currently required.
International Affairs.--The recommendation includes
$14,599,000 for international affairs, including an increase of
$93,000 above the fiscal year 2015 enacted level for wildlife
trafficking as requested.
The Committee is concerned with the recent increase of
illegal trade in rhinoceros horns, elephant ivory from Africa,
and illegally harvested timber, the large sums of money that
these products command on the black market, and that these
activities are providing a significant source of financing for
armed insurgencies and groups with links to transnational
organized crime and terrorism. These activities threaten the
stability and development of African countries and pose a
threat to U.S. security interests. The Committee supports
Service programs in particular that focus on: (1) site-based
law enforcement protection in Africa for the most at-risk
populations of forest and savannah elephants; (2) development
and implementation of regional wildlife law enforcement
networks in Africa and Asia; and (3) training local park guards
and other wildlife law enforcement officers. These programs
should be carried out in coordination with other U.S. agencies,
local governments, and international conservation partners. The
Committee encourages coordination between the Service and the
Department of Homeland Security at U.S. ports of entry.
The Committee remains concerned about the Service's
unilateral regulatory limitation on the trade and transport of
products containing ivory that have legally been in the United
States for years and in some cases generations, including
expensive family heirlooms and rare musical instruments.
Therefore, the Committee has included a general provision in
Title I to maintain the status quo for legal domestic ivory
trade and transport policies until such time as the Service has
completed a formal rulemaking process and attempted to address
these concerns.
Fish and Aquatic Conservation.--The recommendation includes
$52,418,000 for National Fish Hatchery System operations. None
of the funds may be used to terminate operations or to close
any facility of the National Fish Hatchery System. None of the
production programs listed in the March, 2013, National Fish
Hatchery System Strategic Hatchery and Workforce Planning
Report may be reduced or terminated without advance, informal
consultation with affected States and Indian Tribes. General
program activities are funded at $48,152,000 but does not
include the $1,000,000 hold-back fund established in fiscal
year 2015 without congressional approval. The aquatic animal
drug approval partnership program is funded at not less than
$400,000 as requested. The national wild fish health survey
program is funded at not less than $930,000 as requested.
The recommendation includes $19,920,000 for Maintenance and
Equipment as requested, including a $2,000,000 increase above
the fiscal year 2015 enacted level to address the deferred
maintenance backlog. The Service is directed to modify its
allocation methodology so that increases are directed to
facilities with the most severe health and safety deficiencies
across the System as a whole, rather than by region.
Aquatic habitat and species conservation programs are
funded at the fiscal year 2015 enacted level except for Klamath
Basin, which is funded at the requested level, cooperative
management, which is reduced by $588,000, and aquatic invasive
species State plans, which are funded at $2,566,000, which is
$1,000,000 above the fiscal year 2015 enacted level. All other
invasive species programs are funded at the fiscal year 2015
enacted level.
Marine Mammals.--The marine mammals program is transferred
to Ecological Services as requested.
Cooperative Landscape Conservation.--The recommendation
includes $6,994,000 for landscape conservation cooperatives
(LCCs). The Committee continues to be concerned about the lack
of State and tribal support for LCCs. The Service should focus
on areas where partnerships are strongest.
Science Support.--The recommendation includes $11,727,000
for science support, of which not less than $2,500,000 shall
continue to be used to fight white-nose syndrome in bats. The
Committee recognizes that scientific support from the U.S.
Geological Survey has been insufficient in meeting the
Service's needs, and supports re-building the Service's
capacity for scientific research and application. However, the
Service has used its additional science funding in recent years
to add a new layer of administrators nationwide, which seems
unnecessary. The Committee notes that the National Fish
Hatchery System has been a national leader in the science of
fish health and fish culture for decades under the existing
fisheries program leadership structure. The Committee
encourages the Service to reconsider its approach to rebuilding
its science capacity and to propose future increases for
science within the budgets of existing programs that need the
science, such as fisheries, refuges, migratory birds, and
endangered species, if such science is a priority for the
programs.
General Operations.--The recommendation funds general
operations at the fiscal year 2015 enacted level except for
including the requested reductions for communication and
worker's compensation, and the requested increase for
maintenance of the National Conservation Training Center
(NCTC). The Service is encouraged to continue to make NCTC
available, at cost, to other Federal, State, tribal, and non-
governmental entities for the purposes of conservation
training.
CONSTRUCTION
Appropriation enacted, 2015........................... $15,687,000
Budget estimate, 2016................................. 20,812,000
Recommended, 2016..................................... 13,144,000
Comparison:
Appropriation, 2015............................... -2,543,000
Budget estimate, 2016............................. -7,668,000
The Committee recommends $13,144,000 for Construction,
$2,543,000 below the fiscal year 2015 enacted level and
$7,668,000 below the budget request. A detailed table of
funding recommendations below the account level is provided at
the end of this report.
LAND ACQUISITION
Appropriation enacted, 2015........................... $47,535,000
Budget estimate, 2016................................. 58,500,000
Recommended, 2016..................................... 27,500,000
Comparison:
Appropriation, 2015............................... -20,035,000
Budget estimate, 2016............................. -31,000,000
The Committee recommends $27,500,000 for land acquisition,
$20,035,000 below the fiscal year 2015 enacted level and
$31,000,000 below the budget request. The amounts recommended
by the Committee compared with the budget estimates by activity
are shown in the table at the end of this report.
The recommendation includes $9,000,000 for land acquisition
projects included in the fiscal year 2016 budget request. The
Service is directed to re-prioritize its project list as
necessary to focus on acquisitions where opportunities for
recreation, and local, State, and congressional support, are
strongest.
The recommendation includes $2,500,000 for inholdings and
other acquisitions considered by the Service to be emergencies
or hardships. The Service is directed to notify the Committee
of any land acquired with these funds. The Committee defines
``inholding'' as non-Federal land within authorized National
Wildlife Refuge boundaries and bordered by not less than 51
percent of Federal public land.
Consistent with other land acquisition accounts funded by
this appropriation, the recommendation includes $2,000,000 for
acquisitions that improve access to existing Federal public
lands via road, river, or trail for hunting, fishing, and other
public recreation, as authorized by law or regulation.
In a time when budgetary constraints allow for only a
limited number of new land acquisition projects, the Committee
is encouraged by programs that leverage public/private
partnerships for land conservation like the Highlands
Conservation Act, which has a record of more than a 2 to 1
ratio in non-Federal matching funds. Therefore, the Committee
recommendation includes $3,000,000 for the Highlands
Conservation Act Grants and directs the Fish and Wildlife
Service to work with the Highlands States regarding priority
projects for fiscal year 2016.
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
The Cooperative Endangered Species Conservation Fund
provides grants to States and territories for endangered
species recovery actions on non-Federal lands and provides
funds for non-Federal land acquisition to facilitate habitat
protection.
Appropriation enacted, 2015........................... $50,095,000
Budget estimate, 2016................................. 50,000,000
Recommended, 2016..................................... 50,095,000
Comparison:
Appropriation, 2015............................... 0
Budget estimate, 2016............................. +95,000
The Committee recommends $50,095,000 for the Cooperative
Endangered Species Conservation Fund, equal to the fiscal year
2015 enacted level and $95,000 above the budget request. A
detailed table of funding recommendations below the account
level is provided at the end of this report. All funding is to
be derived from the Land and Water Conservation Fund, as
requested.
NATIONAL WILDLIFE REFUGE FUND
The National Wildlife Refuge Fund makes payments in lieu of
taxes based on their fair market value to counties in which
Service lands are located. Payments to counties in all 50
States, the Commonwealth of Puerto Rico, Guam, and the U.S.
Virgin Islands are estimated to be $18,712,000 in fiscal year
2016, with $13,228,000 derived from this appropriation and
$5,484,000 from the net refuge receipts estimated to be
collected in fiscal year 2015.
Appropriation enacted, 2015........................... $13,228,000
Budget estimate, 2016................................. 0
Recommended, 2016..................................... 13,228,000
Comparison:
Appropriation, 2015............................... 0
Budget estimate, 2016............................. +13,228,000
The Committee recommends $13,228,000 for the National
Wildlife Refuge Fund, equal to the fiscal year 2015 enacted
level and $13,228,000 above the budget request. The Committee
notes the inconsistency with which the Administration proposes
full funding for Payments in Lieu of Taxes (as is provided
elsewhere in this bill) and proposes zero funding for the
National Wildlife Refuge Fund.
NORTH AMERICAN WETLANDS CONSERVATION FUND
The North American Wetlands Conservation Act of 1989
provided for grants to carry out wetlands conservation projects
in the United States, Canada, and Mexico for the benefit of
wetlands-associated migratory birds and other wildlife.
Additional program funding comes from fines, penalties, and
forfeitures collected under the Migratory Bird Treaty Act of
1918; from Federal fuel excise taxes on small gasoline engines,
as directed by amendments to the Federal Aid in Sport Fish
Restoration Act of 1950, to benefit coastal ecosystem projects;
and from interest accrued on the fund established under the
Federal Aid in Wildlife Restoration Act of 1937. Authorization
of appropriations expired in fiscal year 2012.
Appropriation enacted, 2015........................... $34,145,000
Budget estimate, 2016................................. 34,145,000
Recommended, 2016..................................... 35,000,000
Comparison:
Appropriation, 2015............................... +855,000
Budget estimate, 2016............................. +855,000
The Committee recommends $35,000,000 for the North American
Wetlands Conservation Fund, $855,000 above the fiscal year 2015
enacted level and the budget request, and consistent with the
reauthorization level proposed in the last Congress.
NEOTROPICAL MIGRATORY BIRD CONSERVATION
The Neotropical Migratory Bird Conservation Act of 2000
authorized grants for the conservation of neotropical migratory
birds in the United States, Latin America and the Caribbean,
with 75 percent of the amounts available to be expended on
projects outside the United States. Authorization of
appropriations expired in fiscal year 2010.
Appropriation enacted, 2015........................... $3,660,000
Budget estimate, 2016................................. 4,160,000
Recommended, 2016..................................... 3,660,000
Comparison:
Appropriation, 2015............................... 0
Budget estimate, 2016............................. -500,000
The Committee recommends $3,660,000 for neotropical
migratory bird conservation, equal to the fiscal year 2015
enacted level and $500,000 below the budget request.
MULTINATIONAL SPECIES CONSERVATION FUND
The Multinational Species Conservation Fund provides
technical support and cost-sharing grant assistance to
countries to strengthen anti-poaching activities; builds
community support for conservation near the species' habitats;
conducts surveys, monitoring, and applied research; and
provides infrastructure and field equipment necessary to
conserve habitats. These funds help to leverage work with
partners and other collaborators to conserve and protect
African and Asian elephants, rhinoceroses, tigers, great apes
and marine turtles and their habitats. Authorizations of
appropriations for the programs within this Fund have expired.
Appropriation enacted, 2015........................... $9,061,000
Budget estimate, 2016................................. 11,061,000
Recommended, 2016..................................... 9,561,000
Comparison:
Appropriation, 2015............................... +500,000
Budget estimate, 2016............................. -1,500,000
The Committee recommends $9,561,000 for the Multinational
Species Conservation Fund, $500,000 above the fiscal year 2015
enacted level and $1,500,000 below the budget request. A
detailed table of funding recommendations below the account
level is provided at the end of this report. The Committee
recognizes that international wildlife trafficking has national
security implications and therefore supports the Service's
interagency and international cooperative efforts. The
Committee further urges the Service and other interested
parties to seek to evaluate and reauthorize these programs.
STATE AND TRIBAL WILDLIFE GRANTS
The State and Tribal Wildlife Grants Program provides
Federal grant funds to the States, the District of Columbia,
the Commonwealth of Puerto Rico, the territories, and Tribes,
to develop and implement programs for the benefit of at-risk
fish and wildlife that are not under Federal jurisdiction. The
intent is to avoid the costly and time-consuming process
entered into through the Endangered Species Act or other
regulatory actions.
Appropriation enacted, 2015........................... $58,695,000
Budget estimate, 2016................................. 70,000,000
Recommended, 2016..................................... 59,195,000
Comparison:
Appropriation, 2015............................... +500,000
Budget estimate, 2016............................. -10,805,000
The Committee recommends $59,195,000 for State and Tribal
Wildlife Grants, $500,000 above the fiscal year 2015 enacted
level and $10,805,000 below the budget request. The increase
above the enacted level is for State competitive grants. The
Service is directed to focus the State competitive grants
program on species the Service finds to be warranted for
listing but precluded because of higher priorities, and on
species proposed for listing but not yet listed. States are
encouraged to do the same with the formula grants.
NATIONAL PARK SERVICE
The mission of the National Park Service (Service) is to
preserve unimpaired the natural and cultural resources and
values of the national park system for the enjoyment,
education, and inspiration of this and future generations.
Established in 1916, the National Park Service has stewardship
responsibilities for the protection and preservation of the
heritage resources of the national park system. The system,
consisting of 407 separate and distinct units, is recognized
globally as a leader in park management and resource
preservation. The national park system represents much of the
finest the Nation has to offer in terms of scenery, historical
and archeological relics, and cultural heritage. Through its
varied sites, the National Park Service attempts to explain
America's history, interpret its culture, preserve examples of
its natural ecosystems, and provide recreational and
educational opportunities for U.S. citizens and visitors from
all over the world. In addition, the National Park Service
provides support to tribal, local, and State governments to
preserve culturally significant, ecologically important, and
public recreational lands.
The National Park Service will be 100 years old in 2016,
and the Service has embarked on a ten-year effort to enhance
the national parks leading up to this historic celebration. The
Committee supports this effort leading to a second century of
conservation, environmental stewardship and recreation
benefiting millions of visitors from throughout the world.
OPERATION OF THE NATIONAL PARK SYSTEM
Appropriation enacted, 2015........................... $2,275,773,000
Budget estimate, 2016................................. 2,515,131,000
Recommended, 2016..................................... 2,327,811,000
Comparison:
Appropriation, 2015............................... +52,038,000
Budget estimate, 2016............................. -187,320,000
The Committee recommends $2,327,811,000 for Operation of
the National Park System (ONPS), $52,038,000 above the fiscal
year 2015 enacted level and $187,320,000 below the budget
request. The amounts recommended by the Committee compared with
the budget estimates by activity are shown in the table at the
end of this report.
Centennial of the National Park Service.--The Centennial of
the National Park Service marks the beginning of a second
century of stewardship, education, conservation, and recreation
involving some of America's most treasured spaces. The
Committee recognizes the importance of this historic national
celebration and is committed to its success.
Accordingly, the Committee provides $52,038,000 in new
discretionary funding within the ONPS account to support the
Centennial Initiative and related efforts, including funds to
address deferred and cyclic maintenance needs. Specifically,
the bill provides $13,538,000 as requested to support new
responsibilities and critical needs across the System including
critical operating needs at Park Service sites associated with
the Civil Rights Movement; $8,000,000 as requested to restore
seasonal ranger staff and enhance education and interpretive
services; and $2,000,000 as requested to support increased
volunteer capacity through partner organizations. The bill also
includes $3,500,000 to support the Service's Civil Rights
initiative. Lastly, the bill provides new discretionary funding
within ONPS to address deferred maintenance needs including
$15,000,000 for repair and rehabilitation projects and
$10,000,000 to address cyclic maintenance needs. These funds
are supplemented by $20,000,000 provided within the Centennial
Challenge matching grant program account dedicated to
supporting signature projects and programs which provide
critical visitor services enhancements for parks beyond amounts
provided for basic operations.
Given the scope of the Centennial Initiative, the Committee
directs the Service to provide a report, not later than 90 days
after enactment of this Act, detailing the distribution of
funds supporting the Centennial Initiative and the anticipated
return on investment on this substantial Federal investment.
Resource Stewardship.--The bill provides $321,483,000 for
resource stewardship. Increases above the fiscal year 2015
enacted level include $1,276,000 as requested to support new
responsibilities and critical needs, and $3,000,000 to document
and preserve Civil Rights history in the National Park System
as part of the Service's Civil Rights initiative. The bill also
includes $2,000,000 to continue zebra and quagga mussel
containment, prevention, and enforcement. This funding was
included in the fiscal year 2015 enacted bill but was not
proposed in the budget request.
Visitor Services.--The bill provides $251,447,000 for
visitor services. Increases above the fiscal year 2015 enacted
level include $2,000,000 as requested to support increased
volunteer capacity through partner organizations; $4,000,000 as
requested to restore seasonal ranger staff; $1,961,000 as
requested to support new responsibilities and critical needs;
and $500,000 as requested to support the Service's Civil Rights
initiative. The bill also includes funding for the National
Capital Area Performing Arts Program which was proposed for
termination in the budget request.
Park Protection.--The bill provides $351,953,000 for park
protection. Increases above the fiscal year 2015 enacted level
include $2,000,000 to restore seasonal ranger staff and
$1,151,000 to support new responsibilities and critical needs
as requested.
Facility Maintenance and Operations.--The bill provides
$731,355,000 for facility maintenance and operations. Increases
above the fiscal year 2015 enacted bill include $2,000,000 as
requested to restore seasonal ranger staff and $7,043,000 as
requested to support new responsibilities and critical needs.
The recommendation also includes $15,000,000 for repair and
rehabilitation projects and $10,000,000 to address cyclic
maintenance needs.
Park Support.--The bill provides $491,569,000 for park
support. Increases above the fiscal year 2015 enacted level
include $2,107,000 as requested to support new responsibilities
and critical needs.
Additional Guidance.--The Committee recommendation for
Operation of the National Park System includes the following
additional guidance:
Aquatic Invasive Species.--The Committee remains concerned
about the spread of quagga and zebra mussels in the West. The
Committee directs the Secretary of the Interior to continue
developing and updating, using the best available science
minimum protocols and training techniques for Federal, State,
local, and private entities, a consistent standard of
inspection and decontamination of recreational watercraft and
equipment, as prescribed in the February 2010 Quagga/Zebra
Mussel Action Plan for Western U.S. Waters.
Further, consistent with fiscal year 2015, the Committee
provides the Service with $2,000,000 for quagga and zebra
mussel containment, prevention, and enforcement and directs the
Service to prioritize the decontamination of watercraft and
equipment leaving the watersheds of contaminated bodies,
including Lake Powell and Lake Mead. Lastly, the Committee
directs the Service to provide, not later than 90 days after
enactment of this Act, a progress report on steps taken in
recent years to address this pervasive threat to western
watersheds.
White-Nose Syndrome (WNS) in bats.--The Committee remains
concerned over the effects white-nose syndrome is having on the
important roles bats perform in ecological functions in parks.
The Committee provides funds as requested to support the
Service's efforts to control the spread of the disease; protect
and better inventory NPS bat and cave resources; expand
research and partnerships for research on WNS management;
monitor NPS resources for WNS; conduct public education about
WNS; and standardize visitor WNS screening procedures across
park units.
Mississippi National River and Recreation Area (MNRRA).--
The Committee understands that the Service is negotiating to
extend the lease for the temporary headquarters facility of the
Mississippi National River and Recreation Area (MNRRA).
Recognizing the temporary nature of the headquarters and the
lack of visitor use facilities adjacent to the Mississippi
river, the Service is directed to undertake a study for the
development of a permanent headquarters and visitor use
facility in close proximity to the existing headquarters and
the river.
James A. Garfield Memorial.--The Committee recognizes that
there are a number of nationally significant presidential
legacy sites outside of the National Park System. Understanding
the historical, educational, cultural, and recreational value
these sites offer the American public, the Committee believes
presidential legacy sites should remain accessible and
structurally protected. Recently, several Members of Congress
submitted a letter to the Service requesting a study assessing
the suitability of the James A. Garfield Memorial at Lake View
Cemetery for inclusion as an affiliated area. The Committee
encourages the Service to conduct an assessment as soon as
possible.
Everglades Restoration.--The Committee notes the
substantial progress made toward restoration of the Everglades
ecosystem and continues to support this multi-year effort to
preserve one of the great ecological treasures of the United
States. The Service is directed to work with the Miccosukee
Tribe of Indians of Florida and relevant Federal agencies
(including but not limited to the Bureau of Indian Affairs and
the Environmental Protection Agency) to develop a range of
options to address the water quality issues of the L-28 canal
system. The Service is to report back to the Committee on these
options within 180 days of enactment of this Act.
Further, the Committee encourages the Service to complete
the land exchange authorized in section 7107(b)(3) of the
Omnibus Public Land Management Act of 2009. According to the
Service, the land exchange supports the mission of the
Everglades National Park and is vital to the long-term
protection of the entire Everglades ecosystem. Completion of
the land exchange will ensure that important operational
phases, such as freshwater storage and sheet flow restoration,
for the federally funded Comprehensive Everglades Restoration
Plan (CERP) will not be delayed.
Golden Spike Sesquicentennial.--The Committee notes that
2019 marks the sesquicentennial of the completion of the first
transcontinental railroad. The Golden Spike National Historic
Site in Utah celebrates this historic achievement. The
Committee urges the Service to begin planning, in conjunction
with State and local governments, the observance of the Golden
Spike Sesquicentennial and celebration of this milestone in
American history.
Made in America.--The Committee directs the Service to
identify if authorized concessioners are offering products made
in the United States, explore viable ways to encourage the sale
of American made products, and provide to the Committee the
estimated economic impact of requiring all authorized
concessioners to sell only American made goods.
Intellectual Property.--The Committee directs the Service
to provide a report on intellectual property rights that have
been lost by the Service, and processes that can be undertaken
to preserve intellectual property of the Service moving
forward.
Eastern Legacy Study (Lewis and Clark Trail Study).--The
Eastern Legacy Study, authorized to determine the feasibility
of extending the Lewis and Clark National Historic Trail, is
now two years overdue. While the Committee appreciates that the
study area is approximately 7,400 miles across 14 eastern
States and the District of Columbia, the Committee directs the
Service to work expeditiously to complete the study in a timely
fashion and report back to the Committee on any impediments to
completion.
NDAA evaluation.--The Committee urges the Service to
evaluate Section 3040 of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year 2015
and report back to the Committee within 90 days of enactment of
this Act on the Service's evaluation.
GIS tools.--The Committee is aware of geospatial platforms
and GIS tools that may be used to support planning, design,
repair, stewardship, and restoration of national parks'
facilities, recreational assets, and natural and cultural
resources. Such platforms and tools have been effectively
deployed by the Service and other agencies to support
conservation and preservation efforts including Chesapeake Bay
restoration. The Committee urges the Service to provide a
report to the Committee not later than 90 days after enactment
of this Act on how the use of such platforms and tools could be
expanded by the Service to support planning and management.
Flight 93 Memorial.--Since the terrorist attacks of
September 11, 2001, nearly 2.5 million people have visited the
site of the Flight 93 National Memorial in Shanksville,
Pennsylvania. The memorial honors the 40 men and women who died
saving the White House or U.S. Capitol from a potentially
catastrophic terrorist attack. The Committee is pleased by
progress of the Visitor Center and Learning Center and looks
forward to their formal dedication in September, 2015. The bill
provides requested funds to support operations and maintenance,
interpretive staff, and other critical needs at the memorial.
The Committee remains firmly committed to the timely completion
of remaining phases of the Flight 93 Memorial including
construction of the pedestrian trail from the Visitor Center to
the Wall of Names, and the Tower of Voices.
U.S. Capitol Concerts.--The Committee continues its
longstanding support for funding for the National Capitol Area
Performing Arts Program and directs the Service to maintain
funding for the summer concert series staged on the U.S.
Capitol grounds at the fiscal year 2015 enacted level.
Ozark National Scenic Riverways.--The Committee understands
concerns have been expressed regarding potential access
restrictions in certain areas of the Ozark National Scenic
Riverways. The Service is directed to work collaboratively with
affected parties to ensure that implementation of the General
Management Plan for the Ozark National Scenic Riverways
addresses the legitimate concerns of affected stakeholders
including, but not limited to, local communities and
businesses.
America's First Frontier.--The Committee urges the Service
to advance interpretive efforts at existing National Park
Service sites and in collaboration with other Federal, State,
and local agencies, including other bureaus within the
Department of the Interior, to detail the start of westward
expansion through the Northwest Territory as America's First
Frontier. Further, the Committee directs the Service to report
back to the Committee within 90 days of enactment of this Act
on steps being taken to advance such interpretive
collaboration.
Midwest Region.--The Committee understands that the Midwest
Region of the National Park Service is conducting a review of
the operations of Perry's Victory and International Peace
Memorial and River Raisin National Battlefield to determine
whether administrative efficiencies can be gained from the two
parks sharing certain staff resources. Within 90 days of
enactment of this Act, the Committee directs the Service to
submit a status report of this review and provide assurances
that both parks will be able to continue to carry out their
unique missions as directed by Congress in their establishment.
Yosemite National Park.--The Committee remains concerned
that visitors to Yosemite Valley may experience a diminished
level of service as a result of the implementation of the
Merced River Plan. The Service is directed to work with its
concessioners at Yosemite National Park to ensure there is no
interruption to visitor and recreational services, including
bicycle rentals and ice skating, as the park implements the
Merced River Plan.
Leasing of Historic Buildings.--Leasing of historic park
buildings has proven to be an effective public-private
partnership that has brought private investment to the repair
and maintenance of historic park resources. In previous years,
the Committee has encouraged the Service to make expanded use
of leasing authority. The Committee commends the Service for
recent steps it has taken to increase the utilization of this
tool, including establishing a leasing manager to oversee and
expand the historic leasing program. The Committee directs the
Service to provide a report, within six months of enactment of
this Act, detailing its progress towards expanding use of this
authority. Included in this report should be (1) an assessment
of how many historic structures are leasable, (2) the cost of
undertaking a leasing program, and (3) any statutory or
regulatory impediments that now inhibit the enhanced use of
leasing of historic structures.
Park Partnerships.--Over the past several years and most
recently in its explanatory statement accompanying the
Consolidated and Further Continuing Appropriations Act, 2015,
the Committee has expressed its support for ongoing public-
private partnerships and strongly encouraged the Service to
expand their use. These partnerships can leverage Federal
dollars and add value to national parks by bringing wide-
ranging perspectives to the efficient management of park
resources. The Committee believes such partnerships, especially
with Service nonprofit partners such as friends groups and
cooperating associations, can be important contributors to
enhancing the visitor experience.
Further, the Committee believes there is merit in the
Service working with qualified partners to cooperatively
finance improvements to park facilities and programs, including
repairing and rehabilitating facilities and landscapes to
reduce the maintenance backlog, and providing educational and
interpretive programs. The Committee commends the Service for
efforts thus far made to engage partners and encourages the
Service to find ways to further engage partners to facilitate
the accomplishment of park projects consistent with the
applicable laws and regulations that govern use of Federal
appropriations.
Bill Language.--The Committee has, since 2006, included
bill language authorizing the Secretary of the Interior to
acquire or lease property to facilitate the transportation of
visitors to and from Ellis, Governors, and Liberty Islands, NY
and NJ. The language was necessitated by the need to establish
a screening process for visitors to the Statue of Liberty in
the aftermath of the events of September 11, 2001. While the
location of future, permanent screening facilities for the
ferry operation to the Statue of Liberty and Ellis Island is
now uncertain, prior-year bill language is retained as the
Service reviews the security risks of alternative sites before
making final decisions on the future location of permanent
security screening facilities. The bill also includes language
in Title I General Provisions addressing (1) the Volunteers in
Parks (VIP) program, and (2) heritage areas.
NATIONAL RECREATION AND PRESERVATION
The National Recreation and Preservation account provides
for outdoor recreation planning, preservation of cultural and
national heritage resources, technical assistance to Federal,
State and local agencies, and administration of Historic
Preservation Fund grants.
Appropriation enacted, 2015........................... $63,117,000
Budget estimate, 2016................................. 54,199,000
Recommended, 2016..................................... 62,467,000
Comparison:
Appropriation, 2015............................... -650,000
Budget estimate, 2016............................. +8,268,000
The Committee recommends $62,467,000 for National
Recreation and Preservation, $650,000 below the fiscal year
2015 enacted level and $8,268,000 above the budget request. The
amounts recommended by the Committee compared with the budget
estimates by activity are shown in the table at the end of this
report.
Additional Guidance.--The following additional direction
and guidance is provided with respect to funding provided
within this account:
Heritage Partnership Program (HPP).--The Committee
recommends $19,671,000 for the Heritage Partnership Program,
$650,000 below the fiscal year 2015 enacted level. These funds
support grants to local non-profit groups in support of
historical and cultural recognition, preservation and tourism
activities. The reduction below the fiscal year 2015 enacted
level reflects funding for a former heritage area that is now a
freestanding Service unit no longer funded via the heritage
area program. Congress has in recent years expanded from 27 to
49 the number of authorized heritage partnerships, creating
additional pressure on available grant funding. The National
Park Service, as the administrator of the program, has
developed a funding strategy that ensures newer areas receive
enough Federal funding to establish themselves to a level that
may eventually become self-sustaining. Under this approach,
older, more established, areas will continue to receive funds,
but at a level that recognizes the decades of significant
Federal financial support these areas have received. Heritage
areas were never intended to receive Federal funding in
perpetuity, yet the Committee notes they continue to depend on
annual appropriations at sustained historical levels.
The Committee has in the recent past provided direction for
the development of self-sufficiency plans, and the Committee
fully expects pressure on HPP funding to increase in future
years. Accordingly, the Committee directs that participating
heritage areas move expeditiously to develop plans for long-
term self-sustainability. The Committee supports the Service's
efforts to allocate funding in a manner that moves all heritage
areas towards self-sustainability.
Native American Graves Protection and Repatriation
Grants.--The Committee supports the budget request for the
Native American Graves Protection and Repatriation Grant
Program.
Japanese American Confinement Site Grants.--The Committee
supports the budget request for the Japanese American
Confinement Site Grant Program which leverages proportional
funding through partnerships with local preservation groups to
preserve Japanese American World War II confinement sites.
American Battlefield Protection Program Assistance
Grants.--The Committee supports the budget request for the
American Battlefield Protection Program which assists in the
preservation and protection of America's battlefields through
site identification, documentation, planning, interpretation,
and educational efforts.
HISTORIC PRESERVATION FUND
The Historic Preservation Fund supports the State historic
preservation offices to perform a variety of functions. These
include State management and administration of existing grant
obligations; review and advice on Federal projects and actions;
determinations and nominations to the National Register; Tax
Act certifications; and technical preservation services. The
States also review properties to develop data for planning use.
Funding in this account also supports direct grants to
qualifying organizations for individual preservation projects
and for activities in support of heritage tourism and local
historic preservation.
Appropriation enacted, 2015........................... $56,410,000
Budget estimate, 2016................................. 89,910,000
Recommended, 2016..................................... 60,910,000
Comparison:
Appropriation, 2015............................... +4,500,000
Budget estimate, 2016............................. -29,000,000
The Committee recommends $60,910,000 for historic
preservation, $4,500,000 above the fiscal year 2015 enacted
level and $29,000,000 below the budget request.
Additional Guidance.--The following guidance is provided
with respect to funding provided within this account:
State and Tribal Historic Preservation Offices.--The bill
provides $46,925,000 for State Historic Preservation Offices
and $8,985,000 for Tribal Historic Preservation Offices. The
bill also provides $5,000,000 for competitive grants of which
$500,000 is for grants to underserved communities and
$4,500,000 is for competitive grants to document, interpret,
and preserve historical sites associated with the Civil Rights
Movement.
CONSTRUCTION
Appropriation enacted, 2015........................... $138,339,000
Budget estimate, 2016................................. 250,967,000
Recommended, 2016..................................... 139,555,000
Comparison:
Appropriation, 2015............................... +1,216,000
Budget estimate, 2016............................. -111,412,000
The Committee recommends $139,555,000 for Construction,
$1,216,000 above the fiscal year 2015 enacted level and
$111,412,000 below the budget request.
Line-Item Construction.--The bill provides $62,894,000 in
funding for line-item construction projects. The amount
provided fully funds the top ten construction projects as
prioritized by the Service in the fiscal year 2016 budget
request. Requests for reprogramming will be considered pursuant
to the guidelines in the front of the report.
Bill Language.--The Committee has maintained bill language
providing that a single procurement may be issued which
includes the full scope of the project for any project
initially funded in fiscal year 2016 with a future phase
indicated in the NPS five-year Line Item Construction program.
The solicitation and contract in such procurement shall be
subject to availability of funds. Executing a single contract
has the potential to increase economies of scale and reduce
overall costs.
LAND AND WATER CONSERVATION FUND
RESCISSION
Appropriation enacted, 2015........................... -$28,000,000
Budget estimate, 2016................................. -30,000,000
Recommended, 2016..................................... -28,000,000
Comparison:
Appropriation, 2015............................... 0
Budget estimate, 2016............................. +2,000,000
The Committee recommends the rescission of the annual
contract authority provided by 16 U.S.C. 460l-10a. This
authority has not been used in years and there are no plans to
use it in fiscal year 2016. The Committee does not agree with
the Administration's proposal to permanently cancel the
authority.
LAND ACQUISITION AND STATE ASSISTANCE
Appropriation enacted, 2015........................... $98,960,000
Budget estimate, 2016................................. 117,500,000
Recommended, 2016..................................... 84,367,000
Comparison:
Appropriation, 2015............................... -14,593,000
Budget estimate, 2016............................. -33,133,000
The Committee recommends $84,367,000 for Land Acquisition
and State Assistance, $14,593,000 below the fiscal year 2015
enacted level and $33,133,000 below the budget request. In
addition to the traditional State Conservation Grants, the
Committee continues funding for the competitive grant program
at the fiscal year 2015 enacted level of $3,000,000. The
recommendation includes $9,000,000 for the American Battlefield
Protection Program, $14,000 above the fiscal year 2015 enacted
level and the budget request. The amounts recommended by the
Committee compared with the budget estimates by activity are
shown in the table at the end of this report.
The recommendation includes $9,000,000 for land acquisition
projects included in the fiscal year 2016 budget request. The
Service is directed to re-prioritize its project list as
necessary to focus on acquisitions where opportunities for
recreation, and local, State, and congressional support, are
strongest.
The recommendation includes $4,500,000 for inholdings,
donations, and exchanges. The Service is directed to notify the
Committee of any land acquired with these funds. The Committee
defines ``inholding'' as non-Federal land within authorized
National Park Service Unit boundaries and bordered by not less
than 51 percent of Federal public land.
Consistent with other land acquisition accounts funded by
this appropriation, the recommendation includes $2,000,000 for
acquisitions that improve access to existing Federal public
lands via road, river, or trail for hunting, fishing, and other
public recreation, as authorized by law or regulation.
CENTENNIAL CHALLENGE
Appropriation enacted, 2015........................... $10,000,000
Budget estimate, 2016................................. 50,000,000
Recommended, 2016..................................... 20,000,000
Comparison:
Appropriation, 2015............................... +10,000,000
Budget estimate, 2016............................. -30,000,000
The Committee provides $20,000,000 for the Centennial
Challenge matching grant program, a key component of the
Service's Centennial Initiative. The Committee notes that
$10,000,000 in Centennial Challenge funds provided to the
Service in fiscal year 2015 was matched with $15,900,000 from
more than 90 partner organizations nationwide. These funds are
now financing 106 projects to improve visitor services at more
than 100 parks in 31 States and the District of Columbia. The
Committee commends the Service for its success in garnering
non-Federal assistance for the completion of these and future
projects as the Service approaches its Centennial.
The Committee understands that funds provided will be
matched on at least a 1:1 basis and administered under existing
Service partnership authorities. Funds provided will be
dedicated to supporting signature projects and programs which
provide critical enhancements for the parks beyond amounts
provided for basic operations. The Committee directs that
preference be given to projects that have a clear and immediate
visitor benefit as well as a higher partner match. The
Committee notes that the Service has a long history of working
with philanthropic partners and fully supports the use of
public-private partnerships wherever feasible.
UNITED STATES GEOLOGICAL SURVEY
The United States Geological Survey (USGS, or ``Survey'')
was established by an Act of Congress on March 3, 1879, to
support the mission of the Department of the Interior and its
science requirements. The USGS also works in collaboration with
other Federal, State, and tribal cooperators to conduct
research and provide scientific data and information to
describe and understand the Earth; minimize loss of life and
property from natural disasters; manage water, biological,
energy, and mineral resources; and enhance and protect our
quality of life. The USGS is the Federal government's largest
earth-science research agency and the primary source of data on
the Nation's surface and ground water resources. Its programs
address increasingly complex societal issues such as the
development of alternative and unconventional energy resources,
management of critical ecosystems, understanding and adaptation
to climate change, and responses to natural and human-induced
hazards. For more than a century, the diversity of scientific
expertise and collaborative partnerships with universities,
research institutions, and major public and private
laboratories has enabled USGS to carry out large-scale, multi-
disciplinary investigations and provide impartial scientific
information to resource managers, planners, policymakers, and
the public.
SURVEYS, INVESTIGATIONS, AND RESEARCH
Appropriation enacted, 2015........................... $1,045,000,000
Budget estimate, 2016................................. 1,194,782,000
Recommended, 2016..................................... 1,045,000,000
Comparison:
Appropriation, 2015............................... 0
Budget estimate, 2016............................. -149,782,000
The Committee recommends $1,045,000,000 for Surveys,
Investigations, and Research, equal to the fiscal year 2015
enacted level and $149,782,000 below the budget request. The
Committee recommendation maintains funding for the Survey
recognizing that its scientific work is vital to managers at
Federal, State, and local levels to inform public policy
decisions regarding human health, public safety, and national
security.
Ecosystems.--The Committee recommends $154,041,000 for
ecosystem programs, $3,000,000 below the fiscal year 2015
enacted level and $22,258,000 below the budget request.
Climate and Land Use Change.--The Committee recommends
$138,975,000 for climate and land use change programs,
$3,000,000 above the fiscal year 2015 enacted level and
$52,853,000 below the budget request. The Committee supports
the continuation of the LandSat program and includes the
requested increase of $4,300,000 for LandSat 9. In addition,
the Committee directs the USGS Southeast Center to continue to
work on developing strategic decision making approaches to
understanding the region's most vulnerable, flood-prone,
coastal areas.
The Committee supports all remaining programs at their
fiscal year 2015 enacted levels, including the early earthquake
warning and event characterization program. As such the bill
does not include the proposed $1,551,000 reduction for early
earthquake warning.
Further, the Committee continues to be concerned about the
lack of knowledge and onshore, real-time instrumentation
available for the Cascadia subduction zone. Scientific
understanding of earthquakes and the ocean environment will
benefit from collecting offshore data. Therefore, the Committee
encourages the Survey to plan for offshore monitoring of the
Cascadia subduction zone in future budget requests to ensure
maximum effectiveness of the earthquake early warning system.
In addition, since 1995, the United States Geological Survey,
in conjunction with State and local emergency management
officials, has been working to develop the Mount Rainier lahar-
warning system. The Committee urges the Survey to develop an
estimate for the cost to replace or upgrade any older
technologies, and an estimate for the expansion of the lahar-
warning system, to encompass all six impacted river valleys.
The Committee understands that marine geohazards
(earthquake-induced tsunamis, landslide-induced tsunamis and
subsea volcano eruptions) pose a threat to citizens living on
the West Coast, as well as the submarine areas in U.S. Island
Territories that contain rich deposits of rare earth minerals
and other strategic minerals important to national defense. To
better understand marine hazard risk and resource availability,
the Committee encourages the Survey to work in partnership with
other Federal agencies and non-governmental organizations where
practicable to support research and assessments of marine
hazards and critical minerals on deepwater ships of
exploration.
White-Nose Syndrome in bats.--The Committee provides
requested funds to support efforts to understand and respond to
white-nose syndrome.
Bill Language.--The bill provides two-year funding
authority except for satellite operations and deferred
maintenance and capital improvement projects, which are no-year
authority. Provisos include a funding limitation on surveys on
private property and a cost-share requirement on topographic
mapping and water resources activities in cooperation with
States and municipalities.
BUREAU OF OCEAN ENERGY MANAGEMENT
The Bureau of Ocean Energy Management is responsible for
the environmentally and economically sound development of the
Nation's offshore energy and mineral resources. The Bureau's
management of these resources helps meet the Nation's energy
needs by providing access to--and fair return to the American
taxpayer for--offshore energy and mineral resources through
strategic planning and resource and economic evaluation.
Conventional energy activities include development of the Five-
Year Outer Continental Shelf Oil and Gas Leasing Program;
assessment of mineral resource potential, tracking of
inventories of oil and gas reserves, and development of
production projections; and economic evaluation to ensure the
receipt of fair value through lease sales and lease terms.
OCEAN ENERGY MANAGEMENT
Appropriation enacted, 2015........................... $169,770,000
Budget estimate, 2016................................. 170,857,000
Recommended, 2016..................................... 167,270,000
Comparison:
Appropriation, 2015............................... -2,500,000
Budget estimate, 2016............................. -3,587,000
The Committee recommends $167,270,000 for Ocean Energy
Management, $2,500,000 below the fiscal year 2015 enacted level
and $3,587,000 below the budget request. This amount will be
partially offset with the estimated collection of offsetting
rental receipts and cost recovery fees totaling $96,622,000.
The Committee recommendation does not provide funding for
National Ocean Policy Coastal and Marine Spatial Planning.
The Committee continues to include bill language
authorizing higher minimum rates of basic pay through fiscal
year 2017 for petroleum engineers and technicians at the Bureau
of Ocean Energy Management and the Bureau of Safety and
Environmental Enforcement.
BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT
The Bureau of Safety and Environmental Enforcement is
responsible for oversight of exploration, development, and
production operations for oil, gas, and other marine minerals
on the Outer Continental Shelf. Leases in Federal waters off
the shores of California, Alaska, and the Gulf of Mexico
provide about 25 percent of the Nation's oil production and
more than 10 percent of domestic natural gas production. The
Bureau facilitates the safe and environmentally responsible
development of oil and gas and the conservation of offshore
resources. The Bureau's safety and environmental compliance
activities include oil and gas permitting; facility
inspections, regulations and standards development; safety and
oil spill research; field operations; environmental compliance
and enforcement; review of operator oil spill response plans;
production and development; and operation of a national
training center for inspectors and engineers.
OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT
Appropriation enacted, 2015........................... $189,726,000
Budget estimate, 2016................................. 189,772,000
Recommended, 2016..................................... 188,354,000
Comparison:
Appropriation, 2015............................... -1,372,000
Budget estimate, 2016............................. -1,418,000
The Committee recommends $188,354,000 for Offshore Safety
and Environmental Enforcement, $1,372,000 below the fiscal year
2015 enacted level and $1,418,000 below the budget request.
This amount will be partially offset with the estimated
collection of offsetting rental receipts, cost recovery fees
and inspection fees totaling $116,207,000.
OIL SPILL RESEARCH
Appropriation enacted, 2015........................... $14,899,000
Budget estimate, 2016................................. 14,899,000
Recommended, 2016..................................... 14,899,000
Comparison:
Appropriation, 2015............................... 0
Budget estimate, 2016............................. 0
The Committee recommends $14,899,000 for Oil Spill
Research, equal to the fiscal year 2015 enacted level and the
budget request.
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
The Office of Surface Mining Reclamation and Enforcement
(OSM), through its regulation and technology account, regulates
surface coal mining operations to ensure that the environment
is reclaimed once mining is completed. The OSM accomplishes
this mission by providing grants and technical assistance to
those States that maintain their own regulatory and reclamation
programs and by conducting oversight of State programs.
Further, the OSM administers the regulatory programs in the
States that do not have their own programs and on Federal and
tribal lands. Through its Abandoned Mine Land (AML) reclamation
program, the OSM provides funding for environmental restoration
at abandoned coal mines based on fees collected from current
coal production operations. In their un-reclaimed condition
these abandoned sites endanger public health and safety, and
prevent the beneficial use of land and water resources.
Mandatory appropriations provide funding for the abandoned coal
mine sites as required under the 2006 amendments to the Surface
Mining Control and Reclamation Act (SMCRA).
REGULATION AND TECHNOLOGY
Appropriation enacted, 2015........................... $122,713,000
Budget estimate, 2016................................. 128,388,000
Recommended, 2016..................................... 123,253,000
Comparison:
Appropriation, 2015............................... +540,000
Budget estimate, 2016............................. -5,135,000
The Committee recommends $123,253,000 for Regulation and
Technology, $540,000 above the fiscal year 2015 enacted level
and $5,135,000 below the budget request. The bill funds
regulatory grants at $68,590,000, equal to the fiscal year 2015
enacted level. The bill also includes the requested $750,000
increase to support electronic permitting.
The Committee continues to reject the proposal to increase
inspections and enhance Federal oversight of State regulatory
programs. Delegation of the authority to the States is the
cornerstone of the surface mining regulatory program, and State
regulatory programs do not require enhanced Federal oversight
to ensure continued implementation of a protective regulatory
framework. Accordingly, the Committee has not provided the
requested funding and FTE increase for those activities within
the Regulation and Technology account.
ABANDONED MINE RECLAMATION FUND
Appropriation enacted, 2015........................... $27,399,000
Budget estimate, 2016................................. 32,074,000
Recommended, 2016..................................... 57,303,000
Comparison:
Appropriation, 2015............................... +29,904,000
Budget estimate, 2016............................. +25,229,000
The Committee recommends $57,303,000 for the Abandoned Mine
Reclamation Fund, $29,904,000 above the fiscal year 2015
enacted level and $25,229,000 above the budget request. Of the
funds provided, $27,303,000 shall be derived from the Abandoned
Mine Reclamation Fund consistent with the fiscal year 2015
appropriation, and $30,000,000 shall be derived from the
General Fund.
The Committee provides $30,000,000 for grants to States for
the reclamation of abandoned mine lands in conjunction with
economic and community development and reuse goals. It is the
Committee's intent that States shall use these funds to
accelerate the remediation of AML sites with economic and
community development end uses in mind. In doing so, the
Committee envisions a collaborative partnership between the
State AML programs and their respective State and local
economic and community development programs that will explore
ways to return legacy coal sites to productive reuse. The
Committee notes that these grants are provided from the General
Fund and are therefore separate from the estimated $185 million
in mandatory payments from the Abandoned Mine Land fund in
fiscal year 2016. The Committee believes that an incremental
approach is warranted to better understand programmatic impacts
of proposing criteria changes to the underlying law. As such,
the Committee expects that State efforts under this pilot
program will inform future policy discussions, possibly under a
reauthorization of SMCRA, which the Committee supports.
Grants shall be provided to the three Appalachian States
with the largest unfunded needs for the reclamation of Priority
1 and Priority 2 sites as delineated in the Abandoned Mine Land
Inventory System. State AML programs, in consultation with
State economic and community development authorities, shall
develop a list of eligible AML projects in Appalachian counties
that have a nexus to economic and community development, and
select qualifying AML projects that have the potential to
create long-term economic benefits. State AML programs should
consider whether a model similar to the Appalachian Regional
Commission grants process could streamline project selection,
and whether an interagency agreement or other contracting
mechanisms could streamline program implementation. Eligible
grant recipients are limited to State and local governmental
entities who may subcontract project-related activities as
appropriate.
BUREAU OF INDIAN AFFAIRS AND BUREAU OF INDIAN EDUCATION
The Bureau of Indian Affairs, the Bureau of Indian
Education, and the Office of the Assistant Secretary-Indian
Affairs (together, ``Indian Affairs'') provide services
directly or through contracts, grants, or compacts to a service
population of more than 1.7 million American Indians and Alaska
Natives who are enrolled members of 566 federally recognized
Tribes in the 48 contiguous United States and Alaska. While the
role of the organization has changed significantly in the last
four decades in response to a greater emphasis on Indian self-
determination, Tribes still look to Indian Affairs for a broad
spectrum of services. Programs are funded and operated in a
highly decentralized manner, with almost 85 percent of all
appropriations expended at the local level, and more than 62
percent of appropriations provided directly to Tribes and
tribal organizations through grants, contracts, and compacts.
In preparation of the fiscal year 2016 budget, the
Subcommittee held two days of hearings and received testimony
from more than 75 witnesses on a variety of topics pertaining
to American Indian and Alaska Native programs. The Federal
government has a legal and moral obligation to provide quality
services to American Indians and Alaska Natives. On a
nonpartisan basis, the Committee continues to protect and,
where possible, strengthen the budgets of those agencies and
programs serving Indian Country in this bill to address
longstanding needs.
OPERATION OF INDIAN PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
Appropriation enacted, 2015........................... $2,429,236,000
Budget estimate, 2016................................. 2,660,591,000
Recommended, 2016..................................... 2,505,670,000
Comparison:
Appropriation, 2015............................... +76,434,000
Budget estimate, 2016............................. -154,921,000
The Committee recommends $2,505,670,000 for the operation
of Indian programs, $76,434,000 above the fiscal year 2015
enacted level and $154,921,000 below the budget request. Except
where indicated below, all budget line items are funded at the
fiscal year 2015 enacted level. A detailed table of funding
recommendations below the account level is provided at the end
of this report.
Contract Support Costs.--The recommendation includes
$272,000,000 as requested for full funding of estimated
contract support costs. Bill language has been added making
these funds available until expended and protecting against the
use of other appropriations to meet unanticipated shortfalls.
The Bureau is directed to work with Tribes and tribal
organizations to ensure that budget estimates continue to be as
accurate as possible.
Road Maintenance.--The recommendation includes $26,693,000
for road maintenance as requested. The Committee recognizes
that too many roads on Indian reservations are in poor
condition and are a significant safety concern.
Social Services.--The recommendation includes $41,871,000
for social services, $1,000,000 above the fiscal year 2015
enacted level, for expansion of the Tiwahe (Family) Initiative.
Trust-Natural Resources Management.--The Committee is
concerned about tribal communities that face severe challenges
to their long-term resilience because of risks associated with
climate, geography, and extreme weather conditions. The Bureau
is encouraged to work with at-risk Tribes to identify and
expedite the necessary resources to support mitigation and,
where necessary, relocation.
Trust-Real Estate Services.--The recommendation includes
$125,817,000 for trust-real estate services, $1,185,000 below
the fiscal year 2015 enacted level.
The Committee is concerned about the Department's goal of
placing more than 500,000 acres of land into trust by the end
of fiscal year 2016. Such a goal incentivizes haste and leads
to situations such as in Clark County, Washington. On March 9,
2015, the Department took into trust approximately 152 acres in
Clark County on behalf of the Cowlitz Indian tribe,
notwithstanding ongoing litigation in the matter. The Committee
directs the Department to: (1) report to the Committee within
30 days of enactment of this Act on (a) the process it has
established for taking the land out of trust should the court
order the Department to do so; and (b) the cost to the
Department of taking the land out of trust; and (2) focus not
on an acre goal but on reducing the current backlog of fee-to-
trust applications. It is entirely appropriate for the
government's goal to be to process those applications as
efficiently and fairly as possible. The Committee recommends
cuts to central and regional oversight in light of the
program's current goal.
Public Safety and Justice.--The recommendation includes
$357,358,000 for public safety and justice, $4,508,000 above
the fiscal year 2015 enacted level. Tribal Justice and Support
is funded at $7,245,000, which is $1,000,000 above the budget
request, in order to increase technical assistance and training
in Indian Country to carry out the new provisions of the
Violence Against Women Reauthorization Act of 2013. Additional
increases above the fiscal year 2015 enacted level include
$1,000,000 for expansion of the Tiwahe Initiative, and
$1,500,000 for tribal courts.
For the purpose of addressing the needs of American Indian
youth in custody at tribal detention centers operated or
administered by the BIA, the Committee considers educational
and health-related services to juveniles in custody to be
allowable costs for detention/corrections program funding.
Community and Economic Development.--The recommendation
includes the requested amount to establish the Indian Energy
Service Center. The Bureau is directed to consult with affected
tribes regarding staffing and related functions of the new
office.
Bureau of Indian Education.--The Committee recommends
$854,160,000 for Bureau of Indian Education (BIE) system
operations and maintenance, $43,629,000 above the fiscal year
2015 enacted level and $50,304,000 below the budget request.
Indian education remains among the Committee's top priorities
because it is a fundamental trust responsibility and because
elementary and secondary students in particular have fallen far
behind their peers for reasons now well documented by the
Government Accountability Office, the Department of Education,
and others.
The Committee recommends $15,520,000 for early child and
family development, equal to the fiscal year 2015 enacted
level. The Committee strongly supports early childhood
development models that address the achievement gap of Indian
children primarily located on rural reservations by teaching
preschool Indian children the skills they need to begin school
and offering developmental opportunities for parents. The BIE
is directed to publish its report on the 2013-14 school year
internal review of early childhood education programs in order
to improve program direction and transparency.
The recommendation includes $75,335,000 to fully fund
tribal grant support costs, as requested, $12,940,000 above the
fiscal year 2015 enacted level. Fully funding these costs is
consistent with the policy of fully funding contract support
costs, and is instrumental for tribal control of schools.
The recommendation includes $2,000,000 as requested for the
development and operation of tribal departments or divisions of
education as authorized in 25 U.S.C. 2020. The recommendation
includes $1,000,000 to restore juvenile detention education
program grants.
The recommendation includes $14,739,000 for the Johnson-
O'Malley program. The Bureau is directed to consult with Tribes
and Congress before proposing any changes in the distribution
of future funds or in the frequency or method of future counts.
The Bureau is encouraged to coordinate with the Indian
Health Service to establish a pilot program integrating
preventive dental care at schools within the Bureau system.
The Committee is supportive of standards and curricula that
emphasize tribal history, language and culture. As alternative
proposals are considered, language immersion should be
carefully considered as a serious option for improved language
development and student outcomes.
The Committee continues language limiting the expansion of
grades and schools in the BIE system, including charter
schools. The intent of the language is to prevent already
limited funds from being spread further to additional schools
and grades. The intent is not to limit tribal flexibility at
existing schools. Nothing in the bill is intended to prohibit a
Tribe from converting a tribally-controlled school already in
the BIE system to a charter school in accordance with State and
Federal law.
The recommendation continues bill language providing the
Secretary with the authority to approve satellite locations of
existing BIE schools if a Tribe can demonstrate that the
establishment of such locations would provide comparable levels
of education as are being offered at such existing BIE schools,
and would not significantly increase costs to the Federal
Government. The intent is for this authority to be exercised
only in extraordinary circumstances to provide Tribes with
additional flexibility regarding where students are educated
without compromising how they are educated, and to
significantly reduce the hardship and expense of transporting
students over long distances, all without unduly increasing
costs that would otherwise unfairly come at the expense of
other schools in the BIE system.
The Committee acknowledges the inconsistency that not all
tribal colleges and universities are forward-funded so as to
align with academic calendars instead of fiscal calendars. The
Administration is encouraged to submit a proposal beginning
with the fiscal year 2017 budget submission to transition to
forward-funding over a period of three to five years the
remaining tribal colleges and universities, including the
Institute of American Indian and Alaska Native Culture and Arts
Development.
The Committee remains concerned that control of BIE's
budget, procurement, hiring, and facilities maintenance and
construction reside not within BIE but within the Bureau of
Indian Affairs and the Deputy Assistant Secretary--Management
(see Government Accountability Office report GAO-13-774). The
Secretary is urged to reorganize Indian Affairs so as to
improve leadership stability and accountability within the BIE.
Indirect Costs.--The Committee is concerned that a recent
Administration policy change with regard to indirect cost
reimbursement may not fairly apply to Indian Tribes and tribal
organizations. The Secretary is directed to report to the
Committee justifying this policy change and in particular its
application to tribal enrollment activities.
CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
Appropriation enacted, 2015........................... $128,876,000
Budget estimate, 2016................................. 188,973,000
Recommended, 2016..................................... 187,620,000
Comparison:
Appropriation, 2015............................... +58,744,000
Budget estimate, 2016............................. -1,353,000
The Committee recommends $187,620,000 for Construction,
$58,744,000 above the fiscal year 2015 enacted level and
$1,353,000 below the budget request. A detailed table of
funding recommendations below the account level is provided at
the end of this report. The Committee recommendation includes
further details below.
Education.--The recommendation includes $133,245,000 for
Education Construction, as requested, $58,744,000 above the
fiscal year 2015 enacted level. The recommendation
reestablishes the budget line item for replacement of
individual BIE facilities that pose serious health and safety
risks to students, as requested. Serious health and safety
hazards exist at BIE facilities across the country, including
the Bug-O-Nay-Ge-Shig School of the Leech Lake Band of Ojibwe.
The Secretary is directed to develop a comprehensive plan to
work with Tribes to repair and replace all substandard
educational facilities. The Secretary is urged to consider
alternative funding mechanisms to supplement appropriations for
replacing schools and facilities, including the use of bonds.
Public Safety and Justice.--The Bureau is encouraged to
consider establishing regional detention centers at new or
existing facilities, such as the Shoshone-Bannock Tribes'
Justice Center, as it works to combat the crime problem in
Indian Country.
Maintenance Shortfalls.--The Bureau is encouraged to
request full funding for facilities maintenance needs in future
budget requests.
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO
INDIANS
Appropriation enacted, 2015........................... $35,655,000
Budget estimate, 2016................................. 67,656,000
Recommended, 2016..................................... 65,412,000
Comparison:
Appropriation, 2015............................... +29,757,000
Budget estimate, 2016............................. -2,244,000
The Committee recommends $65,412,000 for Indian Land and
Water Claim Settlements and Miscellaneous Payments to Indians,
$29,757,000 above the fiscal year 2015 enacted level and
$2,244,000 below the budget request. A detailed table of
funding recommendations below the account level is provided at
the end of this report.
The Committee believes that the resolution of pending
Indian water rights settlements is critically important to
resolve outstanding legal claims against the United States and
to provide Tribes with clean and reliable water supplies that
are fundamental to economic growth and self-determination. They
also benefit surrounding communities by providing water rights
certainty. The Committee supports the Department's efforts to
fulfill commitments relating to Indian water rights settlements
and its participation in negotiations of the Pechanga Band of
Luiseno Mission Indians Water Rights Settlement.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
Appropriation enacted, 2015........................... $7,731,000
Budget estimate, 2016................................. 7,748,000
Recommended, 2016..................................... 7,731,000
Comparison:
Appropriation, 2015............................... 0
Budget estimate, 2016................................. -17,000
The Committee recommends $7,731,000 for the Indian
Guaranteed Loan Program Account, equal to the fiscal year 2015
enacted level and $17,000 below the budget request.
Unemployment is a serious problem in Indian Country. This
program enables Indian Tribes and native-owned businesses to
secure financing for development projects and for startup and
expansion of business operations.
Departmental Offices
OFFICE OF THE SECRETARY
The Office of the Secretary supports a wide-range of
Departmental business, policy, and oversight functions. In
September 2010, Secretarial Order 3306 established the Office
of Natural Resources Revenue as part of the reorganization of
the former Minerals Management Service (MMS). This revenue
collection and compliance function is now managed within the
Office of the Secretary.
DEPARTMENTAL OPERATIONS
Appropriation enacted, 2015........................... $265,263,000
Budget estimate, 2016................................. 327,939,000
Recommended, 2016..................................... 717,279,000
Comparison:
Appropriation, 2015............................... +452,016,000
Budget estimate, 2016............................. +389,340,000
The Committee recommends $717,279,000 for Departmental
Operations, $452,016,000 above the fiscal year 2015 enacted
level and $389,340,000 above the budget request. Increases
above the fiscal year 2015 enacted level include $1,288,000 to
support the Office of Natural Resources Revenue (ONNR) Onshore
Production Verification pilot; $2,600,000 as requested for ONNR
to help with certain Trust responsibilities for the Osage
Nation consistent with the services ONNR already provides to
every other Tribe; and $452,000,000 to fully fund the Payments
in Lieu of Taxes (PILT) program for fiscal year 2016. The bill
does not provide requested funds for the Coastal Resilience
Fund.
National Monument Designations.--The Department is directed
to work collaboratively with interested parties, including but
not limited to, the Congress, States, local communities, tribal
governments and others prior to planning, implementing, or
making national monument designations.
Software License Management.--The Committee commends the
Department for instituting reforms addressing the management of
software licenses, including the capability to obtain automated
reports on demand, to better manage these assets. The Committee
urges the Department to use these reports to manage software
spending Department-wide and require its bureaus and smaller
offices which include the Office of the Secretary, Office of
the Special Trustee, Office of Insular Affairs, Office of the
Solicitor, and the Office of the Inspector General, to purchase
software licenses on contract vehicles that leverage Interior's
economies of scale. The Committee directs the Department to
provide a briefing not later than 180 days after enactment of
this Act on efficiencies obtained through automated inventories
of software licenses in use across the Department.
Bill Language.--The Committee has included bill language
providing full funding for the Payments in Lieu of Taxes (PILT)
Program for fiscal year 2016. The bill does not include
language authorizing the establishment of the Department of the
Interior Experienced Services Program. While the Committee
supports the Department's goal of utilizing the skills of older
workers to help it accomplish its mission and objectives, the
Committee urges the Department to work closely with the
authorizing committees of jurisdiction in the House and Senate
to achieve this goal within the context of the upcoming
reauthorization of the Older Americans Act.
Insular Affairs
ASSISTANCE TO TERRITORIES
The Office of Insular Affairs (OIA) was established on
August 4, 1995, through Secretarial Order No. 3191, which also
abolished the former Office of Territorial and International
Affairs. The OIA has important responsibilities to help the
United States government fulfill its responsibilities to the
four U.S. territories of Guam, American Samoa (AS), U.S. Virgin
Islands (USVI) and the Commonwealth of the Northern Mariana
Islands (CNMI) and also the three freely associated States: the
Federated States of Micronesia (FSM), the Republic of the
Marshall Islands (RMI) and the Republic of Palau. The permanent
and trust fund payments to the territories and the compact
nations provide substantial financial resources to these
governments. During fiscal year 2004, financial arrangements
for the Compacts of Free Association with the FSM and the RMI
were implemented. These also included mandatory payments for
certain activities previously provided in discretionary
appropriations as well as Compact impact payments of
$30,000,000 per year split among Guam, CNMI, AS, and Hawaii.
Appropriation enacted, 2015........................... $85,976,000
Budget estimate, 2016................................. 99,660,000
Recommended, 2016..................................... 85,976,000
Comparison:
Appropriation, 2015............................... 0
Budget estimate, 2016............................. -13,684,000
The Committee recommends $85,976,000 for Assistance to
Territories, equal to the fiscal year 2015 enacted level and
$13,684,000 below the budget request. A detailed table of
funding recommendations below the account level is provided at
the end of this report.
COMPACT OF FREE ASSOCIATION
Appropriation enacted, 2015........................... $16,465,000
Budget estimate, 2016................................. 3,318,000
Recommended, 2016..................................... 3,318,000
Comparison:
Appropriation, 2015............................... -13,147,000
Budget estimate, 2016............................. 0
The Committee recommends $3,318,000 for Compact of Free
Association, $13,147,000 below the fiscal year 2015 enacted
level and equal to the budget request. The Committee expects
the Compact will be renegotiated and therefore the
discretionary stopgap funding will not be necessary in fiscal
year 2016. A detailed table of funding recommendations below
the account level is provided at the end of this report.
Office of the Solicitor
SALARIES AND EXPENSES
Appropriation enacted, 2015........................... $65,800,000
Budget estimate, 2016................................. 69,888,000
Recommended, 2016..................................... 65,142,000
Comparison:
Appropriation, 2015............................... -658,000
Budget estimate, 2016............................. -4,746,000
The Committee recommends $65,142,000 for salaries and
expenses of the Office of the Solicitor, $658,000 below the
fiscal year 2015 enacted level and $4,746,000 below the budget
request.
Office of Inspector General
SALARIES AND EXPENSES
Appropriation enacted, 2015........................... $50,047,000
Budget estimate, 2016................................. 52,224,000
Recommended, 2016..................................... 50,047,000
Comparison:
Appropriation, 2015............................... 0
Budget estimate, 2016............................. -2,177,000
The Committee recommends $50,047,000 for salaries and
expenses of the Office of Inspector General, equal to the
fiscal year 2015 enacted level and $2,177,000 below the budget
request. The Office is encouraged to update its 2004 report on
Indian detention facilities.
Office of the Special Trustee for American Indians
FEDERAL TRUST PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
Congress has designated the Secretary of the Interior as
the trustee delegate with responsibility for approximately 55
million surface acres of land, 57 million acres of subsurface
mineral interests, and nearly $4.4 billion that is held in
trust by the Federal Government on behalf of American Indians,
Alaska Natives, and federally recognized Indian Tribes. The
Office of the Special Trustee's trust management of these
assets includes conserving, maintaining, accounting, investing,
disbursing, and reporting to individual Indians and federally
recognized Tribes and tribal organizations on asset
transactions generated from sales, leasing and other commercial
activities on these lands.
Appropriation enacted, 2015........................... $139,029,000
Budget estimate, 2016................................. 142,978,000
Recommended, 2016..................................... 139,029,000
Comparison:
Appropriation, 2015............................... 0
Budget estimate, 2016............................. -3,949,000
The Committee recommends $139,029,000 for Federal trust
programs, equal to the fiscal year 2015 enacted level and
$3,949,000 below the budget request. A detailed table of
funding recommendations below the account level is provided at
the end of this report.
DEPARTMENT WIDE PROGRAMS
WILDLAND FIRE
The Department's Wildland Fire Management and FLAME
wildfire suppression reserve accounts support fire activities
for the Bureau of Land Management, the National Park Service,
the Fish and Wildlife Service, and the Bureau of Indian
Affairs. The Committee recommends a total of $896,795,000 for
the Department's wildland fire accounts, including $92,000,000
in the FLAME wildfire suppression reserve fund. This fully
funds the fire accounts at the 10-year average of expenditures.
WILDLAND FIRE MANAGEMENT
Appropriation enacted, 2015........................... $804,779,000
Budget estimate, 2016................................. 805,495,000
Recommended, 2016..................................... 804,795,000
Comparison:
Appropriation, 2015............................... +16,000
Budget estimate, 2016............................. -700,000
The Committee recommends $804,795,000 for Wildland Fire
Management at the Department of the Interior, $16,000 above the
fiscal year 2015 enacted level and $700,000 below the budget
request. The detailed allocation of funding for these accounts
is included in the table at the end of this report.
The Committee notes that the budget request included a
provision almost identical to legislation that has been
developed in the House (H.R. 167) and the Senate (S. 235). The
budget request proposes to allow wildland fire suppression
costs above 70 percent of the 10-year average for fire
suppression to be paid from within the discretionary budget cap
adjustment established for natural disasters, recognizing that
wildland fires are a natural disaster akin to hurricanes,
tornadoes, and floods. As the issue of the disaster cap
adjustment falls outside of the Committee's jurisdiction, the
Committee's recommendation does not include the request for
suppression funding through the disaster cap adjustment. As in
recent years, suppression operations are fully funded at the
10-year average level within the suppression operations account
and the FLAME wildfire suppression reserve fund.
Wildfire Preparedness.--The Committee recommends
$318,970,000 for Wildfire Preparedness, equal to the fiscal
year 2015 enacted level and $4,715,000 below the budget
request. The Department should immediately notify the
Committees on Appropriations if it appears that funding
shortfalls may limit needed firefighting capacity.
Wildfire Suppression Operations.--The Committee recommends
$291,673,000, for Wildfire Suppression Operations, $16,000
above the fiscal year 2015 enacted level and $23,102,000 above
the budget request.
Fuels Management.--The Committee recommends $164,000,000
for the Fuels Management program, equal to the fiscal year 2015
enacted level and $15,721,000 above the budget request.
The Department is directed to implement effective
treatments in frequent fire forests that restore forest
resiliency and reduce hazardous fuels. Treatments should be
placed to effectively modify fire behavior and protect assets
at risk including life and property.
Burned Area Rehabilitation.--The Committee recommends
$18,035,000 for the Burned Area Rehabilitation program, equal
to the fiscal year 2015 enacted level and $935,000 below the
budget request. The Committee notes that funding for emergency
stabilization is meant to supplement emergency stabilization
funding provided under suppression (generally ten percent), not
replace it. The Committee is also concerned by the delay of
emergency stabilization and rehabilitation funds to State and/
or regional offices and directs the Department to more quickly
allocate these funds so that critical work can be completed in
a timely manner. Finally, the Department is directed to work
with the Bureau of Land Management on the seed procurement
direction provided in this report.
The Committee is concerned with the pace of planning and
implementation of post-fire rehabilitation by the Department of
the Interior. The slow pace of rehabilitation leaves
communities unable to access timber resources and delays the
regeneration of Federal forests. The Committee directs the
Department of the Interior to prioritize and expedite planning
and implementation of post-fire rehabilitation projects.
FLAME Wildfire Suppression Reserve Fund
(INCLUDING TRANSFER OF FUNDS)
Appropriation enacted, 2015........................... $92,000,000
Budget estimate, 2016................................. 0
Recommended, 2016..................................... 92,000,000
Comparison:
Appropriation, 2015............................... 0
Budget estimate, 2016............................. +92,000,000
The Committee recommends $92,000,000 for the FLAME Wildfire
Suppression Reserve Fund, equal to the fiscal year 2015 enacted
level and $92,000,000 above the budget request. As discussed
above under the Wildland Fire Management account, the Committee
fully funds the 10-year average expenditure for wildfire
suppression.
Central Hazardous Materials Fund
Appropriation enacted, 2015........................... $10,010,000
Budget estimate, 2016................................. 10,011,000
Recommended, 2016..................................... 10,010,000
Comparison:
Appropriation, 2015............................... 0
Budget estimate, 2016............................. -1,000
The Committee recommends $10,010,000 for the Central
Hazardous Materials Fund, equal to the fiscal year 2015 enacted
level and $1,000 below the budget request.
Natural Resource Damage Assessment and Restoration
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
Appropriation enacted, 2015........................... $7,767,000
Budget estimate, 2016................................. 9,236,000
Recommended, 2016..................................... 7,689,000
Comparison:
Appropriation, 2015............................... -78,000
Budget estimate, 2016............................. -1,547,000
The Committee recommends $7,689,000 for the Natural
Resource Damage Assessment Fund, $78,000 below the fiscal year
2015 enacted level and $1,547,000 below the budget request. A
detailed table of funding recommendations below the account
level is provided at the end of this report.
Working Capital Fund
Appropriation enacted, 2015........................... $57,100,000
Budget estimate, 2016................................. 74,462,000
Recommended, 2016..................................... 56,529,000
Comparison:
Appropriation, 2015............................... -571,000
Budget estimate, 2016............................. -17,933,000
The Committee recommends $56,529,000 for the Working
Capital Fund, $571,000 below the fiscal year 2015 enacted level
and $17,933,000 below the budget request.
General Provisions, Department of the Interior
(INCLUDING TRANSFERS OF FUNDS)
Section 101 continues a provision providing for emergency
transfer authority (intra-bureau) with the approval of the
Secretary.
Section 102 continues a provision providing for emergency
transfer authority (Department-wide) with the approval of the
Secretary.
Section 103 continues a provision providing for the use of
appropriations for certain services.
Section 104 continues a provision permitting the transfer
of funds between the Bureau of Indian Affairs and Bureau of
Indian Education, and the Office of the Special Trustee for
American Indians.
Section 105 continues a provision permitting the
redistribution of tribal priority allocation and tribal base
funds to alleviate funding inequities.
Section 106 continues a provision authorizing the
acquisition of lands for the purpose of operating and
maintaining facilities that support visitors to Ellis,
Governors, and Liberty Islands, NJ and NY.
Section 107 continues a provision allowing Outer
Continental Shelf inspection fees to be collected by the
Secretary of the Interior.
Section 108 continues a provision allowing for the
reorganization of the Bureau of Ocean Energy Management,
Regulation and Enforcement only in conformance with Committee
reprogramming guidelines.
Section 109 continues a provision allowing the Bureau of
Land Management (BLM) to enter into long-term cooperative
agreements for long-term care and maintenance of excess wild
horses and burros on private land.
Section 110 continues a provision dealing with the U.S.
Fish and Wildlife Service's responsibilities for mass marking
of salmonid stocks.
Section 111 modifies a provision addressing BLM actions
regarding grazing on public lands.
Section 112 continues a provision prohibiting funds to
implement, administer or enforce Secretarial Order 3310 issued
by the Secretary of the Interior on December 22, 2010.
Section 113 continues a provision providing the Secretary
of the Interior statutory authority to enter into rental or
lease agreements that benefit Bureau of Indian Education
operated schools.
Section 114 addresses the National Park Service's ability
to implement the Volunteers in Parks program in anticipation of
increased volunteer activity related to the Service's
Centennial in 2016.
Section 115 continues a provision allowing the Bureau of
Indian Affairs and Bureau of Indian Education to more
efficiently and effectively perform reimbursable work.
Section 116 addresses National Heritage Areas.
Section 117 delays the issuance of further rules for sage-
grouse.
Section 118 continues a provision providing the Secretary
of the Interior certain offshore pay authority.
Section 119 continues a provision providing the Secretary
of the Interior certain onshore pay authority.
Section 120 maintains the status quo on regulations
relating to the legal domestic trade and transport of products
containing ivory.
Section 121 directs the Secretary to reissue two final
rules removing recovered wolves in Wyoming and the Great Lakes
from the endangered species list.
Section 122 protects human activities unrelated to the
decline of the northern long-eared bat.
Section 123 modifies 50 CFR 14.21(a)(1) to include
echinoderms commonly known as sea urchins and sea cucumbers.
TITLE II--ENVIRONMENTAL PROTECTION AGENCY
The Environmental Protection Agency (EPA) was created by
Reorganization Plan No. 3 of 1970, which consolidated nine
programs from five different agencies and departments. Major
EPA programs include air and water quality, drinking water,
hazardous waste, research, pesticides, radiation, toxic
substances, enforcement and compliance assurance, pollution
prevention, Inland oil spill, Superfund, Brownfields, and the
Leaking Underground Storage Tank program. In addition, EPA
provides Federal assistance for wastewater treatment, sewer
overflow control, drinking water facilities, other water
infrastructure projects, and diesel emission reduction
projects. The Agency is responsible for conducting research and
development, establishing environmental standards through the
use of risk assessment and cost-benefit, monitoring pollution
conditions, seeking compliance through enforcement actions,
managing audits and investigations, and providing technical
assistance and grant support to States and Tribes, which are
delegated authority for much of the program implementation.
Under existing statutory authority, the Agency contributes to
specific homeland security efforts and may participate in
international environmental activities.
Among the statutes for which the Environmental Protection
Agency has sole or significant oversight responsibilities are:
National Environmental Policy Act of 1969.
Federal Insecticide, Fungicide, and Rodenticide Act.
Toxic Substances Control Act.
Clean Water Act [Federal Water Pollution Control Act].
Federal Food, Drug and Cosmetic Act.
Ocean Dumping Act [Marine Protection, Research, and
Sanctuaries Act of 1972].
Oil Pollution Act of 1990.
Safe Drinking Water Act [Public Health Service Act (Title
XIV)].
Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act.
Clean Air Act.
Great Lakes Legacy Act of 2002.
Bioterrorism Preparedness and Response Act of 2002.
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA).
Small Business Liability Relief and Brownfields
Revitalization Act of 2002 (amending CERCLA).
Emergency Planning and Community Right-to-Know Act of 1986.
Pollution Prevention Act of 1990.
Pollution Prosecution Act of 1990.
Pesticide Registration Improvement Act of 2003.
Energy Policy Act of 2005.
Energy Independence and Security Act of 2007.
For fiscal year 2016, the Committee recommends
$7,422,157,000 for the Environmental Protection Agency,
$717,730,000 below the fiscal year 2015 enacted level and
$1,169,561,000 below the budget request. Comparison to the
budget request and fiscal year 2015 enacted levels is shown by
account in the table at the end of the report.
Reprogramming.--The Agency is held to the reprogramming
limitation of $1,000,000. This limitation will be applied to
each program area in every account at the levels provided in
the table at the end of this report. This will allow the Agency
the flexibility to reprogram funds within a set program area.
However, where the Committee has cited funding levels for
certain program projects or activities within a program area,
the reprogramming limitation continues to apply to those
funding levels. Further, the Agency may not use any amount of
de-obligated funds to initiate a new program, office, or
initiative without the prior approval of the Committee. The
other guidelines laid out in the ``Reprogramming Guidelines''
section of this report continue to be in effect.
Congressional Budget Justification.--The Committee directs
the Agency to include in future justifications the following
items: (1) a comprehensive index of programs and activities
within the program projects; (2) the requested bill language,
with changes from the enacted language highlighted, at the
beginning of each account section; (3) a justification for
every program/project, including those proposed for
elimination; (4) a comprehensive, detailed explanation of all
changes within a program project; (5) a table showing
consolidations, realignments or other transfers of resources
and personnel from one program project to another such that the
outgoing and receiving program projects offset and clearly
illustrate a transfer of resources; and, (6) a table listing
the budgets and FTE by major office within each National
Program Management area with pay/non-pay breakouts. Further, if
EPA is proposing to change state allocation formulas for the
distribution of appropriated funds, then EPA should include
such proposals in the Congressional justification.
Science and Technology
The Science and Technology (S&T) account funds all
Environmental Protection Agency research (including Superfund
research activities paid with funds moved into this account
from the Hazardous Substance Superfund account). This account
includes programs carried out through grants, contracts, and
cooperative agreements, cooperative research and development
agreements, and interagency agreements, with other Federal
agencies, States, universities, nonprofit organizations, and
private business, as well as in-house research. It also funds
personnel compensation and benefits, travel, supplies and
operating expenses, including rent, utilities and security, for
all Agency research. Research addresses a wide range of
environmental and health concerns across all environmental
media and encompasses both long-term basic and near-term
applied research to provide the scientific knowledge and
technologies necessary for preventing, regulating, and abating
pollution, and to anticipate emerging environmental issues.
Appropriation enacted, 2015........................... $734,648,000
Budget estimate, 2016................................. 769,088,000
Recommended, 2016..................................... 704,918,000
Comparison:
Appropriation, 2015............................... -29,730,000
Budget estimate, 2016............................. -64,170,000
The bill provides $704,918,000 for Science and Technology,
$29,730,000 below the fiscal year 2015 enacted level and
$64,170,000 below the budget request. The Committee recommends
that $16,217,000 be paid to this account from the Hazardous
Substance Superfund account for ongoing research activities. A
detailed table of funding recommendations below the account
level is provided at the end of this report, and the Committee
provides the following additional detail by program area:
Homeland Security.--The Committee recommends $37,122,000
and rejects the program change for the Climate Ready Water
Utilities Initiative.
Research: Air, Climate and Energy.--The Committee
recommends $88,282,000 and does not include funding for
proposed additional hydraulic fracturing research activities
with the Department of Energy and the Department of the
Interior.
Research: Chemical Safety and Sustainability.--The
Committee recommends $126,930,000, equal to the fiscal year
2015 enacted level. The Committee continues to support EPA's
leadership role in the creation of a new paradigm for chemical
risk assessment based on the incorporation of advanced
molecular biological and computational methods in lieu of
animal toxicity tests. The Committee encourages EPA to continue
to expand its support for computational approaches in health
research to further define toxicity and disease pathways and
develop tools for their integration into evaluation strategies.
Fiscal year 2016 funding should be prioritized to expeditiously
incorporate these emerging scientifically validated tools in
EPA risk assessments along with other Agency programs as a way
to more effectively and efficiently identify risks.
Research: National Priorities.--The bill provides
$4,100,000 which shall be used for extramural research grants,
independent of the STAR grant program, to fund high-priority
water quality and availability research by not-for-profit
organizations who often partner with the Agency. Funds shall be
awarded competitively with priority given to partners proposing
research of national scope for ``Intelligent Water Systems''
and who provide a 25 percent match. The Agency is directed to
allocate funds to grantees within 180 days of enactment of this
Act.
Further, the Committee provides $3,000,000 for the Agency
to further research on oil and gas development in the
Appalachian Basin, of which $2,000,000 is available for
extramural funding.
Research: Safe and Sustainable Water Resources.--The
Committee recommends $102,576,000, and includes no funding for
the climate research plan that EPA initiated in fiscal year
2015 without Congressional approval. To date Congress has
provided nearly $30 million to fund EPA's research to determine
whether there is a relationship between hydraulic fracturing
activities and drinking water. The Committee finds this amount
to be sufficient to accomplish the requested study and provides
no further funding in fiscal year 2016.
Additional Guidance.--The Committee has included the
following additional guidance with respect to funding provided
under this account.
Validation and Reproducibility of Scientifically
Significant Studies.--The National Academy of Sciences has
acknowledged that reproducibility of research results is
fundamental to the scientific process. The Committee
understands that EPA is likely to rely on the findings of the
Zhang et al. (Cancer Epidemiol Biomarkers Prev; 2010 Jan;
19(1); 80-88) study for scientifically significant decisions in
fiscal year 2016. This study, however, has drawn criticisms
about its methods and interpretations. Given the public health
importance of the findings of this study, validation of the
findings is crucial. Therefore, EPA is directed to develop a
peer-reviewed protocol to replicate the scientific findings of
this study. Following development of the protocol, the Agency
is directed to issue a request for proposals and award a
contract to conduct this replication study. Further, EPA is
directed to incorporate the results of the replication study
into any draft or final scientific assessments prior to making
such assessments publicly available.
Environmental Programs and Management
The Environmental Programs and Management account
encompasses a broad range of abatement, prevention,
enforcement, and compliance activities, and personnel
compensation, benefits, travel, and expenses for all programs
of the Agency except Science and Technology, Hazardous
Substance Superfund, Leaking Underground Storage Tank Trust
Fund, Inland Oil Spill Programs, and the Office of Inspector
General.
Abatement, prevention, and compliance activities include
setting environmental standards, issuing permits, monitoring
emissions and ambient conditions and providing technical and
legal assistance toward enforcement, compliance, and oversight.
In most cases, the States are directly responsible for actual
operation of the various environmental programs, and the
Agency's activities include oversight and assistance.
In addition to program costs, this account funds
administrative costs associated with the operating programs of
the Agency, including support for executive direction, policy
oversight, resources management, general office and building
services for program operations, and direct implementation of
Agency environmental programs for headquarters, the ten EPA
regional offices, and all non-research field operations.
Appropriation enacted, 2015........................... $2,613,679,000
Budget estimate, 2016................................. 2,841,718,000
Recommended, 2016..................................... 2,472,289,000
Comparison:
Appropriation, 2015............................... -141,390,000
Budget estimate, 2016............................. -369,429,000
The bill provides $2,472,289,000 for Environmental Programs
and Management, $141,390,000 below the fiscal year 2015 enacted
level and $369,429,000 below the budget request. A detailed
table of funding recommendations below the account level is
provided at the end of this report, and the Committee provides
the following additional detail by program area:
Brownfields.--The Committee recommends $23,680,000 and does
not include funding for the Smart Growth program, a voluntary
interagency partnership established in 2009 without a
Congressional mandate.
Clean Air and Climate.--The Committee recommends
$247,472,000. Within this amount, the recommendation includes
$20,036,000 for Federal Stationary Source Regulations, and the
amount provided does not include funding for EPA's greenhouse
gas rules for stationary sources. Within the funds provided,
the Committee includes a $3,000,000 increase to enhance the
efficiency and effectiveness of both preconstruction and
operating permitting programs.
Environmental Protection: National Priorities.--The bill
provides $12,700,000 for a competitive grant program to provide
technical assistance for improved water quality or safe
drinking water to rural and urban communities or individual
private well owners. The Agency is directed to provide
$11,000,000 for grants to qualified not-for-profit
organizations, on a national or multi-state regional basis, for
on-site training and technical assistance for water systems in
rural or urban communities. The Agency is also directed to
provide $1,700,000 for grants to qualified not-for-profit
organizations for technical assistance for individual private
well owners, with priority given to organizations that provide
technical and educational assistance to individual private well
owners. The Agency shall require each grantee to provide a
minimum 10 percent match, including in-kind contributions. The
Agency is directed to allocate funds to grantees within 180
days of enactment of this Act.
Geographic Programs.--The bill provides $403,523,000. The
Committee has provided funding for programs that support
restoration and protection of our nation's most important water
bodies, as protection of these resources continues to be a
priority. From within the amount provided, the Committee
directs the following:
Great Lakes Restoration Initiative.--The Committee
recommends $300,000,000 for the Great Lakes Restoration
Initiative (GLRI) equal to the fiscal year 2015 enacted level
and $50,000,000 above the budget request. With this funding the
Committee has provided more than $2 billion to restore the
Great Lakes since fiscal year 2010 and the GLRI continues to be
the largest single recipient of funds within Geographic
Programs. The Agency shall continue to follow the direction as
provided in House Report 112-589. Further, recent algal blooms
have emerged as a significant threat to public health. As such,
the Committee supports a coordinated Federal approach to
addressing this issue, including the Agency's collaboration
with NASA, NOAA, and the U.S. Geological Survey to develop an
early warning indicator system. The Agency is encouraged to
evaluate whether the Great Lakes Federal Interagency Task Force
should designate a coordinator to work with Federal, State,
tribal, and local governments.
Chesapeake Bay.--The Committee recommends $60,000,000. From
within the amount provided, $5,000,000 is for nutrient and
sediment removal grants and $5,000,000 is for small watershed
grants to control polluted runoff from urban, suburban and
agricultural lands.
Puget Sound.--The Committee recommends $28,000,000. Funds
shall be allocated in the same manner as directed in House
Report 112-331. The Committee directs EPA to expeditiously
obligate funds, in a manner consistent with the authority and
responsibilities under Section 320 and the National Estuary
Program.
Indoor Air and Radiation.--The Committee recommends
$29,237,000. The Committee rejects the requested increase to
support the uranium mill tailings rulemaking and directs EPA to
withdraw the proposed rule as the Committee questions whether
EPA has enough data to inform a revised standard and proceed
with a final rule. Should EPA need additional resources for a
data collection, the Committee will consider those requests in
the future.
Using funds provided herein for fiscal year 2016, the
Administrator shall conduct a study to survey the level of
radon present in the Nation's school buildings consistent with
15 USC 2667. The Administrator shall transmit a report to
Congress with the data and results of the study and shall share
the data and results of the study with State, local and tribal
school district administrators consistent with the terms and
conditions of this Act for posting of reports. The report
should identify school districts in high-risk radon areas.
To facilitate an effective school district response in all
areas, not just those in high-risk areas, an additional
$500,000 is provided for the distribution of technical
guidance. The Administrator shall distribute technical guidance
using consensus national standards to all school districts to
guide their engineering and architecture staff, consultants,
radon contractors, and other professionals to reduce exposure
of children to radon.
Further, using the funds provided, EPA should develop in
consultation with the Centers for Disease Control and
Prevention, the Department of Housing and Urban Development,
and the Department of Agriculture, a national awareness
campaign to educate consumers about radon health impacts.
Information Exchange/Outreach.--The Committee recommends
$109,010,000 of which $2,200,000 is for the Administrator's
Immediate Office, $6,100,000 is for the Office of Congressional
and Intergovernmental Affairs, and $4,000,000 is for the Office
of Public Affairs. The Committee is troubled by reports that
the Agency engaged in grassroots lobbying during the public
comment period of the Clean Water Rule: Definition of `Waters
of the United States (WOTUS).' The Agency, in possible
violation of the Anti-Lobbying Act (18 U.S. Code Sec. 1913)
and Department of Justice legal opinions, sought out public
opinion from stakeholders supportive of the WOTUS rule in order
to influence the public comment outcome. The EPA Administrator
later used the skewed results as evidence of public support
before Congress. The Committee instructs the Agency to follow
current law and not engage in inappropriate grassroots lobbying
in Agency communications to the public.
Legal/Science/Regulatory/Economic Review.--The Committee
recommends $90,503,000 and does not include funding for the
Smart Growth Program. The Committee recommends $20,700,000 for
the Office of Policy.
Operations and Administration.--The Committee recommends
$480,482,000. The Committee remains concerned about a number of
management issues that have surfaced over the past year. The
lack of administrative controls for employee payroll, travel,
bonuses, and time and attendance has fostered several instances
of waste, fraud and abuse of appropriated funds. The Committee
continues to be troubled by the Agency's practice of
transferring carryover amounts to fund current year payroll,
fixed costs, or contract needs. This practice invalidates
Agency estimates of fixed cost needs and further calls into
question the Agency's management of funds. The Committee calls
for increased oversight and financial management at the Agency
and will be closely monitoring adjustments of appropriated
funds below the level described in the table at the end of the
report.
Toxics Risk Review and Prevention.--The Committee
recommends $89,521,000, $3,000,000 below the fiscal year 2015
enacted level and $1,816,000 above the budget request.
Water: Ecosystems.--The Committee recommends $44,980,000.
From within the amount provided, the recommendation includes
$16,800,000 to provide $600,000 to each National Estuary
Program (NEP) funded under Section 320 of the Clean Water Act.
The Committee recognizes the role that the San Juan Bay Estuary
program can serve in environmental restoration projects and
encourages EPA to coordinate with the U.S. Army Corps of
Engineers on project planning and implementation in fiscal year
2016. The Committee also provides $300,000 in competitive
grants within the coastal activities and encourages EPA to work
in consultation with the NEP directors to identify worthy
projects and activities. In addition, the Committee recommends
$19,882,000 for the wetlands program. The Committee directs EPA
to use the funds provided to accelerate the processing of
mining permits with the Corps of Engineers. Further, the
Committee directs EPA, in consultation with the Corps of
Engineers, to continue to report monthly on the number of
Section 404 permits under review according to the directive in
Division G of the Consolidated Appropriations Act, 2014.
Water Quality Protection.--The Committee recommends
$192,550,000. The Committee supports EPA's efforts to expand
technical assistance for communities seeking to develop and
implement an integrated planning approach to meeting Clean
Water Act (CWA) requirements.
From within this amount, the Committee provides $4,400,000
to fund the establishment of the Water Infrastructure Finance
and Innovation Act (WIFIA) program within EPA. In doing so the
Committee adheres to the annual statutory cap of $2,200,000 for
EPA administrative costs since funds within this account are
available for two years. The Committee believes this offers EPA
the flexibility to identify and aggressively hire mission
critical talent areas at any point during the next two years.
The Committee expects that EPA will be well positioned to
propose and implement the fully authorized level for WIFIA
loans in fiscal year 2017.
Additional Guidance.--The Committee has included the
following additional guidance with respect to funding provided
under this account.
Administrator Priorities.--EPA is directed to submit a
report within 90 days of enactment of this Act that identifies
how any fiscal year 2014 and 2015 funding was used, by account,
program area, and program project. Each activity funded should
include a justification for the effort and any anticipated
results.
Ammonium Nitrate.--The Committee understands that EPA is
considering whether ammonium nitrate should be included in its
Risk Management Plan (RMP) regulations. Ammonium nitrate safety
has been regulated since 1971 under standards promulgated by
OSHA, and the Committee is aware that OSHA is in the process of
determining whether these standards need to be updated or
whether other approaches to ensure ammonium nitrate safety are
necessary. The Committee believes that OSHA's actions are
critical to informing EPA decision making, and, therefore,
urges EPA to consider the approach OSHA takes to ensure the
safety of ammonium nitrate prior to making a determination
regarding the need for RMP standards for ammonium nitrate.
Antimicrobial Solutions for Citrus Disease.--The Committee
recognizes the importance of antimicrobial crop protection
tools in combating citrus greening and continues to support
EPA's cooperation with the U.S. Department of Agriculture's
Multi-Agency Coordination Group.
Artificial Turf.--The Committee is aware of EPA's previous
studies on artificial turf and infill products, and its most
recent work with the Association of State and Territorial
Health Officials to further define the safety of these
products. The Committee encourages the Agency to provide
guidance about the safety of crumb rubber in artificial turf.
Carbon Utilization.--The Committee is concerned about the
EPA's low prioritization of policies that incentivize the
utilization of CO2 in the production of valuable products. The
Committee understands that there are technologies which have
the potential to create a market for utility and industrial
CO2. The Committee strongly encourages the EPA to implement
policies which encourage and incentivize the utilization of CO2
to make valuable products.
Composite Wood Products.--The Formaldehyde Standards for
Composite-Wood Products Act directed EPA to develop a national
standard for formaldehyde emissions that replicates the
California regulations. The Committee urges EPA to finalize a
rule on the national formaldehyde standard for composite wood
products that is consistent with the California regulations for
laminated products and consistent with the intent of the 2010
Act.
Conflicts of Interest.--The Committee maintains that clear
and consistent conflict-of-interest rules are not applied
uniformly to the members of EPA's Science Advisory Boards
(SABs), and this has been a long-standing issue across multiple
Administrations that EPA has yet to resolve. Further, EPA's
process for selecting independent scientific advisors
unnecessarily excludes State, local, private sector and tribal
experts in a manner that does not allow for a balanced panel of
experts and, in fact, ensures a biased process. The lack of
transparency in how Board members are selected erodes the
credibility and objectivity of the scientific reviews
undertaken by these Boards.
For fiscal year 2016, the Administrator shall develop a
policy statement on science quality and integrity that shall be
adhered to by the SAB and all Board members. EPA's policies
shall include not less than 10 percent of membership from
States and Tribes who are often underrepresented as noted in
the May 2014 National Academy of Sciences review of EPA's IRIS
program. Should the Administrator decide that financial-related
metrics are appropriate to identify conflicts-of-interest or
bias, then EPA's policy shall also include an evaluation of
potential bias based on receipt of former and current Federal
grants or public statements or positions as well as other
appropriate safeguards to ensure balance amongst SAB and other
advisory board experts. In addition, the policy statement shall
include direction on the treatment of public comments and
responses to such comments.
When complete, the Committee directs EPA to submit the
draft policy statement to the National Academy of Sciences for
review of the updated conflict of interest policy, policy for
committee composition and balance, and eligibility requirements
for service on the Science Advisory Boards that will ensure
fairness and objectivity. The National Academy shall determine
if the new policies meet the intent of the directives above
and, if so, shall certify to the Committee on Appropriations
that EPA's conflict of interest policies offer a revised,
balanced framework. EPA shall suspend all current and planned
SAB reviews until such documents have been provided to the
Academy for review.
E15 outreach.--The Committee directs the Agency to provide
a report on efforts in fiscal year 2015 and 2016 to establish
and implement public educational outreach for proper and EPA-
approved usage of 15 percent by volume ethanol blended gasoline
in accordance with the Misfueling Mitigation Plan and as
provided in the Consolidated and Further Continuing
Appropriations Act, 2015.
Exempt Aquifers.--The Committee is concerned that EPA may
revoke exempt aquifer designations that have been in effect for
more than 30 years. The Committee directs EPA to work in a
collaborative manner with the State of California and the
energy producing industry on the information and data requested
and procedures for the submission of applications for review
and processing. Furthermore, the Committee directs EPA to work
promptly to review and process applications once submitted to
ensure robust oil and natural gas production in the State and
the resumption of timely permitting of new oil and natural gas
wells.
Ozone.--The Committee is aware that the Agency has proposed
more stringent standards for ozone and that EPA is scheduled to
issue a final rule in fiscal year 2016. The Committee is also
aware that the Agency only recently finalized the
implementation regulations for States and affected entities to
implement the current 2008 standards, effective April 6, 2015.
Further, the Committee is aware that the Agency has hundreds of
backlogged State Implementation Plans pending with the agency
for which EPA has not yet completed its review. As such, the
Committee has provided resources under the Federal Support for
Air Quality program to allow EPA to address the backlog of
operating permits and State Implementation Plans in need of
attention, and the Committee has also provided additional
resources in the State and Tribal Assistance Grants account to
assist States and Tribes in areas of non-attainment. The
Committee strongly urges EPA to allow States to fully implement
the 2008 standards before making further changes to those
standards.
Worker Protection Standards.--The Committee recognizes the
importance of agricultural worker protection standards,
especially for migrant farm workers, children who work on farms
and pesticide handlers, and encourages the Agency to engage the
U.S. Department of Agriculture, farmers, farm workers,
industry, and other interested organizations as it updates its
standards.
HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM FUND
This account supports all activities necessary for the
development of the system established by the Hazardous Waste
Electronic Manifest Establishment Act (P.L. 112-195).
Appropriation enacted, 2015........................... $3,674,000
Budget estimate, 2016................................. 7,368,000
Recommended, 2016..................................... 0
Comparison:
Appropriation, 2015............................... -3,674,000
Budget estimate, 2016............................. -7,368,000
The Committee continues to support the expeditious
development of a system that would allow for the electronic
tracking of hazardous waste shipments pursuant to P.L. 112-195.
To date the Committee has provided EPA with sufficient funds to
develop the system consistent with EPA's initial cost
estimates. Before additional funds are appropriated, the
Committee directs EPA to work with the appropriate Committees
to extend the authorization for appropriations beyond fiscal
year 2015, and to provide a robust justification for any costs
that exceed the amounts appropriated through fiscal year 2015.
OFFICE OF INSPECTOR GENERAL
The Office of Inspector General (OIG) provides audit,
evaluation, and investigation products and advisory services to
improve the performance and integrity of EPA programs and
operations. The Inspector General (IG) will continue to perform
the function of IG for the Chemical Safety and Hazard
Investigation Board. This account funds personnel compensation
and benefits, travel, and expenses (excluding rent, utilities,
and security costs) for the Office of Inspector General. In
addition to the funds provided under this heading, this account
receives funds from the Hazardous Substance Superfund account.
Appropriation enacted, 2015........................... $41,489,000
Budget estimate, 2016................................. 50,099,000
Recommended, 2016..................................... 40,000,000
Comparison:
Appropriation, 2015............................... -1,489,000
Budget estimate, 2016............................. -10,099,000
The bill provides $40,000,000, which is $1,489,000 below
the fiscal year 2015 enacted level and $10,099,000 below the
budget request. In addition, the Committee recommends
$8,459,000 as a payment to this account from the Hazardous
Substance Superfund account. The Inspector General is directed
to prioritize funds to projects that prevent and detect fraud,
waste and abuse at the Environmental Protection Agency.
BUILDINGS AND FACILITIES
The Buildings and Facilities account provides for the
design and construction of EPA-owned facilities as well as for
the repair, extension, alteration, and improvement of
facilities used by the Agency. The funds are used to correct
unsafe conditions, protect health and safety of employees and
Agency visitors, and prevent deterioration of structures and
equipment.
Appropriation enacted, 2015........................... $42,317,000
Budget estimate, 2016................................. 51,507,000
Recommended, 2016..................................... 34,467,000
Comparison:
Appropriation, 2015............................... -7,850,000
Budget estimate, 2016............................. -17,040,000
The bill provides $34,467,000, which is $7,850,000 below
the fiscal year 2015 enacted level and $17,040,000 below the
budget request. The Committee supports proposed projects that
will reduce Agency operational and rent costs. EPA should
prioritize projects based on anticipated cost savings and
allocate funds accordingly.
HAZARDOUS SUBSTANCE SUPERFUND
The Hazardous Substance Superfund (Superfund) program was
established in 1980 by the Comprehensive Environmental
Response, Compensation, and Liability Act to clean up emergency
hazardous materials, spills, and dangerous, uncontrolled, and/
or abandoned hazardous waste sites. The Superfund Amendments
and Reauthorization Act (SARA) expanded the program
substantially in 1986, authorizing approximately $8,500,000,000
in revenues over five years. In 1990, the Omnibus Budget
Reconciliation Act extended the program's authorization through
1994 for $5,100,000,000 with taxing authority through calendar
year 1995.
The Superfund program is operated by EPA subject to annual
appropriations from a dedicated trust fund and from general
revenues. Enforcement activities are used to identify and
induce parties responsible for hazardous waste problems to
undertake cleanup actions and pay for EPA oversight of those
actions. In addition, responsible parties have been required to
cover the cost of fund-financed removal and remedial actions
undertaken at spills and waste sites by Federal and State
agencies. Funds are paid from this account to the Office of
Inspector General and Science and Technology accounts for
Superfund related activities.
Appropriation enacted, 2015........................... $1,088,769,000
Budget estimate, 2016................................. 1,153,834,000
Recommended, 2016..................................... 1,088,769,000
Comparison:
Appropriation, 2015............................... 0
Budget estimate, 2016............................. -65,065,000
The bill provides $1,088,769,000 for the Hazardous
Substance Superfund program equal to the fiscal year 2015
enacted level and $65,065,000 below the budget request.
Remedial Cleanup.--The Committee recommends $725,558,000.
While the Committee understands this increase is insufficient
to eliminate the backlog of unfunded new starts, the Committee
expects the Agency to use the additional funds to initiate
remediation at highly contaminated, orphan sites. Further the
Committee expects the additional funding will also support
pipeline activities such as remedial investigations,
feasibility studies, and remedial designs which are critical
steps prior to construction. The Committee continues to support
EPA's added financial and project management efforts that
enable the Agency to de-obligate unused funds from sites and
redirect those funds to new construction projects.
Additional Guidance.--The Committee has included the
following additional guidance with respect to funding provided
under this account:
Financial Assurance.--The Committee directs the
Administrator to complete a thorough analysis of the capacity
of the financial and credit markets to provide the necessary
instruments (surety bonds, letters of credit, insurance, and
trusts) for meeting any new financial responsibility
requirements pursuant to section 108(b) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S. C. 9608(b)). The Committee provides no funds for EPA
to develop, propose, finalize, implement, enforce, or
administer any regulation that would establish any such new
financial responsibility requirements until the Administrator
demonstrates that such an analysis has been completed.
Lead at Superfund Sites.--Using the funds provided, the
Administrator of the Environmental Protection Agency shall
contract with the National Academy of Sciences to conduct a
study of the sources of lead in the environment at each
designated Superfund site that is proximal to a historic
surface lead mining district. The study shall focus on whether
naturally occurring lead, lead-based paint, and the consumer
use of products containing lead are significant sources of lead
at such sites. The Administrator shall transmit to Congress a
report containing the results of the study not later than one
year after the date of enactment of this Act.
Superfund Special Accounts.--The Committee supports the
steps EPA has taken toward the effective, centralized
management of Superfund special accounts, and appreciates the
information included as part of the Congressional
Justification.
LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM
Subtitle I of the Solid Waste Disposal Act, as amended by
the Superfund Amendments and Reauthorization Act, authorized
the establishment of a response program for cleanup of releases
from leaking underground storage tanks. Owners and operators of
facilities with underground tanks must demonstrate financial
responsibility and bear initial responsibility for cleanup. The
Federal trust fund is funded through the imposition of a motor
fuel tax of one-tenth of a cent per gallon.
In addition to State resources, the Leaking Underground
Storage Tanks (LUST) Trust Fund provides funding to clean up
sites, enforces necessary corrective actions, and recovers
costs expended from the Fund for cleanup activities. The
underground storage tank response program is designed to
operate primarily through cooperative agreements with States.
Funds are also used for grants to non-State entities, including
Indian Tribes, under Section 8001 of the Resource Conservation
and Recovery Act. The Energy Policy Act of 2005 expanded the
authorized activities of the Fund to include the underground
storage tank program. In 2006, Congress amended section 9508 of
the Internal Revenue Code to authorize expenditures from the
trust fund for prevention and inspection activities.
Appropriation enacted, 2015........................... $91,941,000
Budget estimate, 2016................................. 95,326,000
Recommended, 2016..................................... 91,941,000
Comparison:
Appropriation, 2015............................... 0
Budget estimate, 2016............................. -3,385,000
The bill provides $91,941,000 for the Leaking Underground
Storage Tank (LUST) Trust Fund Program, equal to the fiscal
year 2015 enacted level and $3,385,000 below the budget
request.
INLAND OIL SPILL PROGRAMS
This appropriation, authorized by the Federal Water
Pollution Control Act, as amended by the Oil Pollution Act of
1990, provides funds to prepare for and prevent releases of oil
and other petroleum products in navigable waterways. In
addition, EPA is reimbursed for incident specific response
costs through the Oil Spill Liability Trust Fund managed by the
United States Coast Guard.
EPA is responsible for directing all cleanup and removal
activities posing a threat to public health and the
environment; conducting site inspections; providing a means to
achieve cleanup activities by private parties; reviewing
containment plans at facilities; reviewing area contingency
plans; pursuing cost recovery of fund-financed cleanups; and
conducting research of oil cleanup techniques. Funds for this
appropriation are provided through the Oil Spill Liability
Trust Fund which is composed of fees and collections made
through provisions of the Oil Pollution Act of 1990, the
Comprehensive Oil Pollution Liability and Compensation Act, the
Deepwater Port Act of 1974, the Outer Continental Shelf Lands
Act Amendments of 1978, and the Federal Water Pollution Control
Act, as amended. Pursuant to law, the Trust Fund is managed by
the United States Coast Guard.
Appropriation enacted, 2015........................... $18,209,000
Budget estimate, 2016................................. 23,378,000
Recommended, 2016..................................... 17,944,000
Comparison:
Appropriation, 2015............................... -265,000
Budget estimate, 2016............................. -5,434,000
The bill provides $17,944,000 for the Inland Oil Spill
program, $265,000 below the fiscal year 2015 enacted level and
$5,434,000 below the budget request.
STATE AND TRIBAL ASSISTANCE GRANTS
The State and Tribal Assistance Grants (STAG) account
provides grant funds for programs operated primarily by State,
local, tribal and other governmental partners. The account
includes two broad types of funds: (1) Infrastructure
Assistance, which is used primarily by local governments for
projects supporting environmental protection; and, (2)
Categorical Grants, which assist State and tribal governments
and other environmental partners with the operation of
environmental programs. The account also includes specific
program grants such as competitive Brownfields grants and
diesel emissions reduction grants.
In the STAG account, EPA provides funding for
infrastructure projects through two State Revolving Funds
(Clean Water and Drinking Water), geographic specific projects
in Alaskan Native Villages and on the United States-Mexico
Border, Brownfields revitalization projects, diesel emission
reduction grants, and other targeted infrastructure projects.
The State Revolving Funds (SRFs) provide Federal financial
assistance to protect the Nation's water resources. The Clean
Water SRF helps eliminate municipal discharge of untreated or
inadequately treated pollutants and thereby helps maintain or
restore the country's water to a swimmable and/or fishable
quality. The Clean Water SRF provides resources for municipal,
inter-municipal, State, and interstate agencies and tribal
governments to plan, design, and construct wastewater
facilities and other projects, including non-point source,
estuary, stormwater, and sewer overflow projects. The Safe
Drinking Water SRF finances improvements to community water
systems so that they can achieve compliance with the mandates
of the Safe Drinking Water Act and continue to protect public
health.
Many of the major Federal environmental statutes include
provisions that allow the Federal government, through EPA, to
delegate to the States and Tribes the day-to-day management of
environmental programs or to approve State and Tribal
environmental programs. The Federal statutes were designed to
recognize the States as partners and co-regulators, allowing
the States to issue and enforce permits, carry out inspections
and monitoring, and collect data. To assist the States in this
task, the statutes also authorized EPA to provide grants to the
States and Tribes. These grants, which cover every major aspect
of environmental protection, include those programs authorized
by sections 319 and 106 of the Clean Water Act (Federal Water
Pollution Control Act, as amended) (for non-point source
pollution and the water quality permits programs), sections 105
and 103 of the Clean Air Act (for State and Local air quality
management programs), section 128 of CERCLA (for State and
tribal response programs), section 1443(a) of the Safe Drinking
Water Act (for public water system supervision), and section
3011 of RCRA (for the implementation of State hazardous waste
programs).
Appropriation enacted, 2015........................... $3,545,161,000
Budget estimate, 2016................................. 3,599,400,000
Recommended, 2016..................................... 2,979,829,000
Comparison:
Appropriation, 2015............................... -565,332,000
Budget estimate, 2015............................. -619,571,000
The bill provides $2,979,829,000 for the State and Tribal
Assistance Grants account, $565,332,000 below the fiscal year
2015 enacted level and $619,571,000 below the budget request.
The Committee provides the following additional detail by
program area:
Infrastructure Assistance.--The Committee has appropriated
nearly $25 billion for water and wastewater infrastructure
assistance since 2009, and notes that $6 billion is
``revolving'' and available for drinking water and wastewater
infrastructure projects in fiscal year 2015 from appropriated
funds, State match contributions, loan repayments, and
interest. Nevertheless, little progress has been made to reduce
the known water infrastructure gap. The Committee believes that
EPA and the States must expeditiously allocate existing funds
to projects in order to address the pressing infrastructure
needs facing the country. In addition, the Committee continues
to encourage EPA and water infrastructure stakeholders to
promote alternate financing mechanisms for water infrastructure
at local, State and Federal levels as it is widely accepted
that Federal financing through the State Revolving Funds
remains an important yet insufficient tool to address the
Nation's water needs. Public-private partnerships, greater
access to financing from private activity bonds, and improved
asset management are just a few of the mechanisms that the
Committee believes could serve to increase investment in a
complementary way to Federal appropriations and reduce costs.
In addition, the Committee continues bill language to allow
EPA and the States to provide additional forms of subsidy to
those communities which cannot afford the below market rates
provided by an SRF loan.
The Committee has a history of including a provision
affording a procurement preference for iron and steel products
produced in the United States in projects receiving funds from
the State revolving fund or, now, the Water Infrastructure
Finance and Innovation Act. The Committee clarifies the intent
that iron and steel products that are substantially transformed
in the United States shall be considered ``produced in the
United States'' for the purpose of water infrastructure
projects.
The Committee emphasizes that any coating processes that
are applied to the external surface of iron and steel
components that otherwise qualify under the procurement
preference shall not render such products ineligible for the
procurement preference regardless of where the coating
processes occur, provided that final assembly of the products
occurs in the United States. The Committee directs EPA to
consider U.S. manufacturing costs, including labor, machining,
coating, assembly and testing, when determining if a product is
primarily iron or steel.
Diesel Emission Reduction Grants (DERA).--The bill provides
$50,000,000 for DERA grants. The DERA program is the only EPA
air program that has been reauthorized by Congress, and at
least 10 million older heavily polluting diesel engines remain
in use that have yet to be retrofitted, repowered, or replaced.
Further, according to the second report to Congress,
approximately 70 percent of competitive projects have occurred
in areas of non-attainment for particulate matter and ozone.
For fiscal year 2016, the Committee directs EPA to continue to
make at least 70 percent of DERA grants available to improve
air quality in non-attainment areas. The Committee encourages
EPA to provide a third report to Congress prior to January 1,
2016, that includes the analysis requested in Public Law 111-
364.
Targeted Airshed Grants.--The bill provides $20,000,000 for
targeted airshed grants to reduce air pollution in non-
attainment areas. These grants shall be distributed on a
competitive basis to non-attainment areas that EPA determines
are ranked as the top five most polluted areas relative to
annual ozone or particulate matter 2.5 standards. To determine
these areas, the Agency shall use the most recent design values
calculated from validated air quality data. The Committee notes
that these funds are available for emission reduction
activities deemed necessary for compliance with national
ambient air quality standards and included in a State
Implementation Plan submitted to EPA. Not later than the end of
fiscal year 2016, EPA should provide a report to the Committees
on Appropriations that includes a table showing how fiscal year
2015 and 2016 funds were allocated. The table should also
include grant recipients and metrics for anticipated or actual
results.
Categorical Grants.--For categorical grants to States and
other environmental partners for the implementation of
delegated programs, the bill provides $1,044,829,000.
Radon.--The Committee continues to support efforts that
raise awareness about the associated risks of radon exposure,
as ongoing, unmitigated exposures result in over 21,000 radon-
induced lung cancer deaths per year. Therefore, the Committee
provides $8,051,000, equal to the fiscal year 2015 enacted
level. Following consultation with stakeholders, the Committee
finds that the fiscal year 2016 radon funds could be more
effectively targeted. Of the funds provided, the Committee
directs $3,000,000 for State efforts to promote radon awareness
via hospitals, clinics, and other health care providers and
medical professionals. The Committee encourages States to
incorporate radon exposure prevention in cancer control plans
developed under the National Comprehensive Cancer Control
Program. Funding is provided elsewhere in the bill for EPA to
develop, in consultation with the Centers for Disease Control
and Prevention, the Department of Housing and Urban
Development, and the Department of Agriculture, a national
awareness campaign to educate consumers about radon health
impacts.
Further, the bill provides $3,000,000 for State grants for
radon testing and remediation of schools located in known high-
risk radon areas. States shall apply consensus national
standards and use professionals certified to conduct radon
testing and remediation. Eligible school districts shall
include those in high-risk radon areas based on the most
current information available to EPA and the States. To the
extent that this testing data may inform the EPA study
requested elsewhere in the bill, the Committee encourages EPA
and the States to incorporate data from this effort into such
study.
Lastly, the Committee provides $2,054,000 for EPA and
States to offer continuing education and technical support on
radon testing and mitigation standards, techniques, and best
practices for home builders, real estate professionals,
building code officials, radon testers, mitigators and home
inspectors. Using these funds, the Committee also encourages
EPA and the States to convene dialogues involving
representatives of home builders, real estate professionals,
building code officials, radon testers, mitigators, home
inspectors, public health officials, and cancer prevention
advocates to consider whether updated code requirements for
State and/or local adoption may have merit.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER AND RESCISSION OF FUNDS)
The Committee continues bill language carried in prior
years concerning Tribal Cooperative Authority, the collection
and obligation of pesticides fees, and additional transfer
authorities for the purposes of implementing the Great Lakes
Restoration Initiative.
The Committee has included bill language authorizing up to
$150,000 to be spent for facility repairs at any one time.
The Committee has included bill language to guide the
direction of the Agency's policies and actions related to
carbon dioxide emissions from biomass.
The Committee rescinds $8,000,000 of unobligated grant
funds.
TITLE III--RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
The U.S. Forest Service manages 193 million acres of
National Forests, Grasslands, and a Tallgrass Prairie,
including lands in 44 States and the Commonwealth of Puerto
Rico, and cooperates with States, other Federal agencies,
Tribes and private landowners to sustain the Nation's forests
and grasslands. The Forest Service administers a wide variety
of programs, including forest and rangeland research, State and
private forestry assistance, cooperative forest health
programs, an international program, National Forest System, and
wildland fire management. The National Forest System (NFS)
includes 155 national forests, 20 National grasslands, 20
National recreation areas, a National Tallgrass prairie, six
National monuments, and six land utilization projects. The NFS
is managed for multiple uses, beginning with wood, water and
forage, and expanded under the Multiple Use Sustained Yield Act
to include recreation, grazing, fish and wildlife habitat
management.
Fiscal Year 2017 Budget Request.--The Committee appreciates
the detailed programmatic information provided by the Forest
Service in its budget requests to Congress. For the fiscal year
2017 budget request, the Committee directs the Service to
provide project statements showing total available funding,
justifications of increases and decreases, and classifications
of objects for each account. This will ensure the Committee
receives the same information from the Forest Service as it
does from all other USDA agencies and offices and the other
agencies funded by Interior and Environment Appropriations
Acts.
Air Asset Integrity.--The Forest Service shall ensure that
an Aircraft Structural Integrity Plan or comparable analysis to
plan for the maintenance of the seven HC-130H aircraft to be
transferred to the Forest Service pursuant to the fiscal year
2014 National Defense Authorization Act (P.L. 113-66) is
developed. Based on this analysis, the Forest Service shall
submit to the Committees on Appropriations, as part of the
annual Congressional justifications, estimated costs for
operations and maintenance of the HC-130H aircraft for the
current and following five years.
The Forest Service also shall provide estimated operations
and maintenance costs for the C-23B Sherpa aircraft to be
transferred. Not later than 90 days after the Forest Service
takes ownership of the first HC-130H aircraft, and annually
thereafter, the Forest Service shall submit a report to the
Committees on Appropriations on operations and maintenance
costs of each HC-130H and C-23B Sherpa aircraft transferred
pursuant to the Fiscal Year 2014 National Defense Authorization
Act (P.L. 113-66), as well as light fixed-wing aircraft
currently owned by the Forest Service, by tail number.
As part of any request for funds to perform modifications
to the C-23B Sherpa aircraft transferred pursuant to the fiscal
year 2014 National Defense Authorization Act (P.L. 113-66), the
Forest Service shall provide information on the balances
remaining in the Working Capital Fund of the Forest Service for
light fixed-wing aircraft.
In addition, not later than 90 days after enactment of this
Act, the Forest Service shall provide a report to the
Committees on Appropriations on the status of efforts to
strengthen performance metrics on firefighting aviation, with a
focus on the performance of contracted and agency-owned
aviation assets.
Forest Service Hiring Practices.--The Committee is
concerned that past ranger district and national forest
consolidations have resulted in fewer Forest Service personnel
at the district level and fewer line officers conducting the
day-to-day work that is needed in the national forests. As
such, the Committee directs the Forest Service to place first
priority on hiring ranger district-based employees before
hiring for forests and regions. The Committee encourages the
Service to set a goal of hiring ranger district-based employees
within four months of a vacancy.
Bill Language.--The Committee includes the following bill
language related to the Forest Service in Title IV General
Provisions: Section 407, allowing forest management plans to
expire if the Forest Service has made a good faith effort to
update plans commensurate with appropriated funds; Section 410,
regarding timber sales of Alaskan western red cedar; Section
419, extending the Federal Lands Recreation Enhancement Act for
one year; Section 424, prohibiting the use of appropriated
funds to close areas open to recreational hunting and shooting
as of January 1, 2013; Section 432, allowing the Forest Service
to renew grazing permits; Section 433, making vacant allotments
for permittees affected by drought or wildfire; and Section
434, prohibiting the Forest Service and Bureau of Land
Management from requiring relinquishment of all or a portion of
water rights as a condition for permit renewals (this includes
all permits issued by the Bureau and the Forest Service and is
not limited to grazing permits).
FOREST AND RANGELAND RESEARCH
Appropriation enacted, 2015........................... $296,000,000
Budget estimate, 2016................................. 291,982,000
Recommended, 2016..................................... 277,507,000
Comparison:
Appropriation, 2015............................... -18,493,000
Budget estimate, 2016............................. -14,475,000
The Committee recommends $277,507,000 for Forest and
Rangeland Research, $18,493,000 below the fiscal year 2015
enacted level and $14,475,000 below the budget request.
Forest Inventory and Analysis (FIA).--The Committee
recommends $70,000,000 for the FIA program, equal to the fiscal
year 2015 enacted level and $13,000,000 below the budget
request.
The Committee finds that State forestry agencies and their
cooperators are often able to accomplish critical FIA work with
equal quality at lower costs than the Forest Service. The
Forest Service is directed to work with State foresters to
identify ways to more efficiently deliver the program in all
States, including timely inventory updates, and should explore
opportunities to work with additional State forestry agencies
and their cooperators who can accomplish necessary field work
at lower cost.
Forest Products Laboratory.--The Committee remains
concerned about the increasing costs of forest management,
hazardous fuels reduction and forest restoration. As such, it
encourages the Forest Products Laboratory to focus on
strategies to increase markets to offset or alleviate this
additional cost. The Committee believes green building markets
are a growing opportunity for American-grown wood and continues
to encourage the Forest Service to work through the science and
technology capabilities of the Laboratory to position wood as a
green building material and improve the performance and
affordability of wood-framed construction.
The Committee encourages the agency to increase its
research on wood building products that can be used to improve
the performance and affordability of wood-framed construction.
Urban Forest Research.--The Committee encourages the Forest
Service to support urban forest research initiatives, related
social and socio-economic research, and cooperative activities
that help cities monitor and care for their urban forests. The
Committee directs the Forest Service to provide information and
tools, including inventories of urban forests, to help cities,
towns, and metropolitan areas systematically assess the health
and changing conditions of their urban forests and to plan
strategic actions to sustainably maintain these forests.
Bighorn Sheep Research.--The Forest Service is urged to
collaborate with the Bureau of Land Management and the
Agricultural Research Service on research involving the risk of
disease transmission between domestic and bighorn sheep.
Local Need Research.--The Committee is concerned about the
lack of localized need research projects currently underway.
The Committee directs the research stations to focus on the
needs of the forests and to develop projects in coordination
with the National Forest System.
Northern Long-Eared Bat.--The Committee is encouraged by
the Forest Service's research, in partnership with private
landowners, State agencies, and non-profit organizations, that
successfully treated northern long-eared and other bat species
for white-nose syndrome, and directs the Service to allocate
$1,000,000 for additional research on this disease.
STATE AND PRIVATE FORESTRY
Appropriation enacted, 2015........................... $232,653,000
Budget estimate, 2016................................. 236,611,000
Recommended, 2016..................................... 220,665,000
Comparison:
Appropriation, 2015............................... -11,988,000
Budget estimate, 2016............................. -15,946,000
The Committee recommends $220,665,000 for State and Private
Forestry, $11,988,000 below the fiscal year 2015 enacted level
and $15,946,000 below the budget request.
Landscape Scale Restoration.--The Committee recommends
$14,000,000 for Landscape Scale Restoration, equal to the
fiscal year 2015 level and $9,513,000 below the budget request.
The Committee supports continuing to use the majority of
these resources for interstate competitive projects and
recommends these competitive projects address national
priorities of concern. The Committee encourages application in
priority landscapes as identified in State Forest Action Plans,
producing measurable economic, ecological and social benefits.
Forest Health Management.--The Committee recommends
$99,600,000 for Forest Health Management, $4,977,000 below the
fiscal year 2015 enacted level and $76,000 below the budget
request.
Forest Stewardship Program.--The Committee recommends
$23,036,000 for the Forest Stewardship Program, equal to the
fiscal year 2015 enacted level and $13,000 below the budget
request.
The Committee recognizes the Forest Stewardship Program is
undergoing revisions to better align and focus it on delivering
on-the-ground outcomes based on the priorities identified in
the State Forest Action Plans. The Committee is encouraged by
this progress and urges the agency to continue to deliver on-
the-ground results on priority resource concerns, to use
program resources for the most efficient strategies for
accomplishing results, to leverage collaborative public-private
efforts, and to better engage landowners in action that
addresses priority resource concerns, especially landowners who
are not currently engaged in active management.
Forest Legacy.--The recommendation includes $50,660,000 for
Forest Legacy, of which $44,410,000 fully funds the first 13
projects in the budget request, and of which not to exceed
$6,250,000 may be used for program administration.
Community Forest and Open Space Conservation.--The
Committee recommends $1,683,000 for Community Forest and Open
Space Conservation, $317,000 below the fiscal year 2015 enacted
level and equal to the budget request.
Urban and Community Forestry.--The Committee recommends
$23,686,000 for Urban and Community Forestry, $4,354,000 below
the fiscal year 2015 enacted level and equal to the budget
request.
International Forestry.--The Committee recommends
$8,000,000 for International Forestry, equal to the fiscal year
2015 enacted level and $3,996,000 above the budget request.
The Committee supports the Forest Service's International
Program and recognizes its successful work to advance
international trade for U.S. timber producers and forestry
interests at international policy deliberations, to protect the
United States from invasive species that threaten our forests,
and to recover U.S. migratory waterfowl in decline. The
International Program enables experts from the Federal
government to participate in negotiations for trade agreements
and assist with forestry work abroad. This program plays a
large role in protecting the U.S. forest products industry by
improving the sustainability and legality of timber management
overseas thereby reducing the amount of underpriced and
illegally harvested timber on the world market.
NATIONAL FOREST SYSTEM
(INCLUDING TRANSFER OF FUNDS)
Appropriation enacted, 2015........................... $1,494,330,000
Budget estimate, 2016................................. 1,648,314,000
Recommended, 2016..................................... 1,490,093,000
Comparison:
Appropriation, 2015............................... -4,237,000
Budget estimate, 2016............................. -158,221,000
The Committee recommends $1,490,093,000 for the National
Forest System, $4,237,000 below the fiscal year 2015 enacted
level and $158,221,000 below the budget request.
Integrated Resource Restoration.--The Committee notes that
similar to each of fiscal years 2011 through 2015, the budget
request includes a major restructuring in which several
programs are combined to form the Integrated Resource
Restoration (IRR) budget line. The Committee supports the
continuation of the pilot project established in the fiscal
year 2012 Interior, Environment, and Related Agencies
conference report. The Committee must see demonstrable results
from the program, including true management efficiencies,
tangible accomplishments, and accountability prior to the
consideration of expanding IRR nationwide. As such, the
Committee rejects the proposed restructuring and continues
funding for the individual budget line items as in the
Consolidated and Further Continuing Appropriations Act, 2015.
Land Management Planning, Inventory and Monitoring.--The
Committee recommends $32,020,000 for Land Management Planning
and $144,890,000 for Inventory and Monitoring. The Committee
does not accept the proposed merging of the Land Management
Planning and Inventory and Monitoring line items.
Recreation, Heritage and Wilderness.--The Committee
recommends $256,839,000 for Recreation, Heritage and
Wilderness, $4,880,000 below the fiscal year 2015 enacted level
and $7,103,000 below the budget request. Of the funds available
to Manage Recreation Operations, $750,000 shall be for the
maintenance of rural airstrips. The Committee directs the
Forest Service to consult with Congress, State and local
officials, and affected stakeholders prior to making a
determination to close or terminate the use of any rural
airstrips.
The Committee encourages the Service to continue long-
standing partnerships that support outdoor ethics and
stewardship programming.
The Committee directs the Forest Service to conduct the
appropriate analysis regarding any lands that could be
incorporated into the Granite Chief Wilderness area of the
Tahoe National Forest. The analysis should take into special
consideration the potential effect of expanding the wilderness
area on local water agencies, households and other water users.
The Committee reminds the Service of the importance to engage
all local stakeholders, including local government
institutions, private citizens, and community groups, in its
analysis.
The Committee understands that the Service is conducting a
wilderness inventory and evaluation for portions of the Inyo,
Sierra and Sequoia National Forest. Recreation and tourism at
these national forests support the economies of many
communities near these forests. Under current law and
regulation, any land recommended by the Forest Service for
wilderness protection will significantly restrict access and
recreation in these forests, creating de facto wilderness
without Congressional approval. The Committee directs the
Service to carefully conduct its analysis, ensuring that it
takes into full account the economic effects of its decisions,
the desires and needs of the local communities and their local,
State and federally elected representatives.
Grazing Management.--The Committee recommends $55,356,000
for Grazing Management, equal to the fiscal year 2015 enacted
level and $5,650,000 above the budget request. The Committee
rejects the proposal to increase fees for grazing.
The Committee encourages the Forest Service to improve its
monitoring of grazing permits in allotments where riparian
streamside health is a concern for listed or threatened
species. The Committee also requests each Forest Service region
to increase transparency and reporting on how their monitoring
resources are used on the ground to satisfy monitoring
requirements or for other purposes.
Forest Products.--The Committee recommends $355,000,000 for
Forest Products, $15,870,000 above the fiscal year 2015 enacted
level. The Committee rejects the proposal to consolidate this
budget line into the Integrated Resource Restoration program.
The Committee believes improving implementation and
efficiency of timber sales is a vital component to forest
health. The budget request assumes 3.2 billion board feet of
timber volume will be sold in fiscal year 2016. The Committee
recommends $15,870,000 above the fiscal year 2015 enacted level
for the Forest Products account to support an increased level
of timber sales and encourages the Forest Service to implement
larger projects and reduce unit costs.
The Committee requests the Forest Service provide a report
within 60 days of enactment of this Act regarding personal-use
firewood permits and sales. The report should include
historical information regarding the personal use of firewood
from national forests as well as firewood's relation to the
Federal timber program.
The Forest Service has identified 58 million acres at high
risk to catastrophic wildfires. The Committee commends the
Service for increasing the acres it has treated but notes that
to make a substantial reduction in fire suppression costs many
more acres need to be treated per year. As such, the Committee
directs the Forest Service to include hard targets in
performance evaluations. In addition, individual ranger
districts, where appropriate, should develop a systematic,
long-term entry approach to access land in need of treatment.
Vegetation and Watershed Management.--The Committee
recommends $184,716,000 for Vegetation and Watershed
Management, equal to the fiscal year 2015 enacted level. The
Committee rejects the proposal to consolidate this budget line
into the Integrated Resource Restoration program.
Wildlife and Fisheries Habitat Management.--The Committee
recommends $140,466,000 for Wildlife and Fisheries Habitat
Management, equal to the fiscal year 2015 enacted level. The
Committee rejects the proposal to consolidate this budget line
into the Integrated Resource Restoration program.
Collaborative Forest Landscape Restoration Fund.--The
Committee recommends $40,000,000, for the Collaborative Forest
Landscape Restoration Fund, equal to the fiscal year 2015
enacted level and $20,000,000 below the budget request.
The Committee recognizes the need to ensure forest
resiliency and support multiple uses on national forest lands.
The Committee urges the Forest Service to incorporate a variety
of landscapes, including wet forests, as it develops future
projects for the Collaborative Forest Landscape Restoration
Program.
The Committee reminds the Forest Service that stewardship
contracts are not intended to replace, diminish, or adversely
impact the Service's timber sales program. The Committee
encourages the Service to focus on stewardship contracts that
include low per-unit costs for timber sales, high-value timber
harvesting and hazardous fuels reduction measures.
Minerals and Geology Management.--The Committee recommends
$76,423,000 for Minerals and Geology Management, equal to the
fiscal year 2015 enacted level and $5,734,000 above the budget
request.
The Committee expects that the Forest Service will not
promulgate regulations under the authority provided by section
2508 of Public Law 102-486 regarding certain oil and gas
activities where the Federal government has acquired an
interest in surface lands but not in oil and gas deposits that
may be present under these lands. The Committee intends that
the Third Circuit Court of Appeals decision in Minard Run Oil
Co. v. U.S. Forest Serv., 670 F.3d 236 (3d Cir. 2011) will
continue to apply to all Forest Service actions regarding oil
and gas development of outstanding and reserved mineral rights
on the Allegheny National Forest.
Landownership Management.--The Committee recommends
$77,730,000 for Landownership Management, equal to the fiscal
year 2015 enacted level and $6,129,000 above the budget
request.
Law Enforcement Operations.--The Committee recommends
$126,653,000 for Law Enforcement Operations, equal to the
fiscal year 2015 enacted level and $623,000 above the budget
request.
The Committee continues to be concerned about the
increasing incidence of illegal marijuana cultivation on public
lands and the corresponding effects it has on the environment,
forest restoration and habitat, employee and public safety,
tourism, and communities. The Committee believes Forest Service
Law Enforcement and Investigations should be included as an
integral participant in the annual forest planning process as a
means to ensure stronger collaboration among all partners and
focused enforcement strategies aimed at safety, interdiction
and mitigation.
Valles Caldera National Preserve.--The Committee provides
no funding for the Preserve. The National Defense Authorization
Act, 2015, transferred responsibility for the Preserve from the
Forest Service to the Department of the Interior.
DeSoto National Forest.--The Committee directs the Service
to provide the House and Senate Committees on Appropriations a
report on any closures that occurred between January 1, 2010,
and June 1, 20151 including the rationale for the closure, in
the DeSoto National Forest.
CAPITAL IMPROVEMENT AND MAINTENANCE
(INCLUDING TRANSFER OF FUNDS)
Appropriation enacted, 2015........................... $360,374,000
Budget estimate, 2016................................. 341,924,000
Recommended, 2016..................................... 357,363,000
Comparison:
Appropriation, 2015............................... -3,011,000
Budget estimate, 2016............................. +15,439,000
The Committee recommends $357,363,000 for Capital
Improvement and Maintenance, $3,011,000 below the fiscal year
2015 enacted level and $15,439,000 above the budget request.
Facilities Maintenance and Construction.--The Committee
recommends $71,390,000 for Facilities Maintenance and
Construction, $210,000 below the fiscal year 2015 enacted level
and $305,000 below the budget request. Specifically, the
Committee recommends $55,369,000 for facilities maintenance and
$16,021,000 for facilities construction.
Road Maintenance and Construction.--The Committee
recommends $165,293,000 for Road Maintenance and Construction,
$2,801,000 below the fiscal year 2015 enacted level and
$11,031,000 above the budget request. Specifically, the
Committee recommends $140,653,000 for road maintenance and
$24,640,000 for road construction.
Should the Forest Service find it necessary within the
Gifford Pinchot National Forest or any National Forest within
the State of Washington to either reduce the roads to
maintenance level 1 or to decommission, the Forest Service
should give precedence to the reduction of the road to
Maintenance Level 1. Decommissioning should only be done after
final plantation restoration work in Late Successional Reserve
habitat development, or on a portion of road where resource
protection cannot be adequately met by closing and stabilizing.
Trail Maintenance and Construction.--The Committee
recommends $77,530,000 for Trail Maintenance and Construction,
equal to the fiscal year 2015 enacted level and $4,986,000
below the budget request. Specifically, the Committee
recommends $69,777,000 for trail maintenance and $7,753,000 for
trail construction.
Deferred Maintenance.--The Committee recommends $3,150,000
for Deferred Maintenance, equal to the fiscal year 2015 enacted
level and $30,301,000 below the budget request.
Legacy Roads and Trail Remediation.--The Committee
recommends $40,000,000 for Legacy Roads and Trails, equal to
the fiscal year 2015 enacted level. The Committee rejects the
proposal to consolidate this budget line into the Integrated
Resource Restoration program.
LAND ACQUISITION
Appropriation enacted, 2015........................... $47,500,000
Budget estimate, 2016................................. 63,000,000
Recommended, 2016..................................... 20,000,000
Comparison:
Appropriation, 2015............................... -27,500,000
Budget estimate, 2016............................. -43,000,000
The Committee recommends $20,000,000 for Land Acquisition,
$27,500,000 below the fiscal year 2015 enacted level and
$43,000,000 below the budget request. In addition to the table
at the end of this report, the recommendation includes the
following instructions and changes to the budget request:
The recommendation includes $9,000,000 for land acquisition
projects included in the fiscal year 2016 budget request. The
Forest Service is directed to re-prioritize its project list as
necessary to focus on acquisitions where opportunities for
recreation, and local, State, and congressional support, are
strongest.
The recommendation includes $1,500,000 for inholdings. The
Service is directed to notify the Committee of any land
acquired with these funds. The Committee defines ``inholding''
as non-Federal land within authorized National Forest System
boundaries and bordered not less than 51 percent by Federal
public land.
Consistent with other land acquisition accounts funded by
this appropriation, the recommendation includes $2,000,000 for
acquisitions that improve access to existing Federal public
lands via road, river, or trail for hunting, fishing, and other
public recreation, as authorized by law or regulation.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
Appropriation enacted, 2015........................... $950,000
Budget estimate, 2016................................. 1,950,000
Recommended, 2016..................................... 950,000
Comparison:
Appropriation, 2015............................... 0
Budget estimate, 2016............................. -1,000,000
The Committee recommends $950,000 for Acquisition of Lands
for National Forests Special Acts, equal to the fiscal year
2015 enacted level and $1,000,000 below the budget request.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
Appropriation enacted, 2015........................... $216,000
Budget estimate, 2016................................. 216,000
Recommended, 2016..................................... 216,000
Comparison:
Appropriation, 2015............................... 0
Budget estimate, 2016............................. 0
The Committee recommends $216,000 for Acquisition of Lands
to Complete Land Exchanges under the Act of December 4, 1967
(16 U.S.C. 484a), equal to the fiscal year 2015 enacted level
and the budget request.
RANGE BETTERMENT FUND
Appropriation enacted, 2015........................... $2,320,000
Budget estimate, 2016................................. 2,320,000
Recommended, 2016..................................... 2,320,000
Comparison:
Appropriation, 2015............................... 0
Budget estimate, 2016............................. 0
The Committee recommends $2,320,000, for the Range
Betterment Fund, equal to the fiscal year 2015 level and budget
request, to be derived from grazing receipts from national
forests (Public Law 94-579) and to be used for range
rehabilitation, protection, and improvements including seeding,
reseeding, fence construction, weed control, water development,
and fish and wildlife habitat enhancement in 16 western States.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH
Appropriation enacted, 2015........................... $45,000
Budget estimate, 2016................................. 45,000
Recommended, 2016..................................... 45,000
Comparison:
Appropriation, 2015............................... 0
Budget estimate, 2016............................. 0
The Committee recommends $45,000 for Gifts, Donations and
Bequests for Forest and Rangeland Research, equal to the fiscal
year 2015 enacted level and the budget request.
MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES
Appropriation enacted, 2015........................... $2,500,000
Budget estimate, 2016................................. $2,441,000
Recommended, 2016..................................... 2,441,000
Comparison:
Appropriation, 2015............................... -59,000
Budget estimate, 2016............................. 0
The Committee recommends $2,441,000 for the Management of
National Forest Lands for Subsistence Uses in Alaska, $59,000
below the fiscal year 2015 enacted level and equal to the
budget request.
WILDLAND FIRE
The Wildland Fire Management and FLAME wildfire suppression
reserve accounts support the wildland fire activities of the
Forest Service. The Committee recommends a total of
$2,688,078,000 for the Forest Service wildland fire accounts,
including $315,000,000 in the FLAME wildfire suppression
reserve fund. This fully funds the fire accounts at the 10-year
average of expenditures.
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
Appropriation enacted, 2015........................... $2,333,298,000
Budget estimate, 2016................................. 2,354,029,000
Recommended, 2016..................................... 2,373,078,000
Comparison:
Appropriation, 2015............................... +39,780,000
Budget estimate, 2016............................. +19,049,000
The Committee recommends $2,373,078,000 for Wildland Fire
Management, $39,780,000 above the fiscal year 2015 enacted
level and $19,049,000 above the budget request.
The Committee notes that the budget request included a
provision almost identical to legislation that has been
developed in the House (H.R. 167) and the Senate (S. 235). The
budget request proposes to allow wildland fire suppression
costs above 70 percent of the 10-year average for fire
suppression to be paid from within the discretionary budget cap
adjustment established for natural disasters, recognizing that
wildland fires are a natural disaster akin to hurricanes,
tornadoes, and floods. As the issue of the disaster cap
adjustment falls outside the Committee's jurisdiction, this
Committee's recommendation does not include the request for
suppression funding through the disaster cap adjustment. As in
recent years, suppression operations are fully funded at the
10-year average level within the suppression operations account
and the FLAME wildfire suppression reserve fund.
Satellite Technologies.--The Committee encourages the
Forest Service to consider the potential use of existing
commercial satellite technology to provide early warning,
mitigation and response capabilities for wildland fires and to
determine whether such technology may provide a low-cost early
warning capability to save lives and property.
Unmanned Aerial Vehicles.--The Committee is aware of the
successful firefighting demonstration performed by an unmanned
helicopter at a Federal Aviation Administration unmanned
aircraft system test site in November 2014 and urges the
Service to continue to evaluate the effectiveness of this
technology and its potential integration into the aviation
asset modernization plan.
Partnerships.--The Committee recognizes the severe threat
of wildfire to communities and natural resources within the
Wildland Urban Interface. The Committee maintains that limited
Federal budgets require innovative approaches that directly
improve the capacity and capability of firefighters and
communities to respond to and fight wildland fires. The
Committee directs the Service to utilize regional partnerships
to implement cost-shared approaches to install fire suppression
response and suppression infrastructure as well as to
coordinate programs that emphasize collaborative management of
such programs. Priority should be given to on-going programs
that have demonstrated the ability to implement such
approaches.
Wildfire Preparedness.--The Committee recommends
$1,082,620,000 for Wildfire Preparedness, $63,220,000 below the
fiscal year 2015 enacted level and equal to the budget request.
Wildfire Suppression Operations.--The Committee recommends
$811,000,000 for Wildfire Suppression Operations, $103,000,000
above the fiscal year 2015 enacted level and $16,466,000 above
the budget request. The Committee recommendation fully meets
the 10-year average expenditure on all suppression activities.
Hazardous Fuels.--The Committee recommends $361,749,000 for
hazardous fuels reduction, equal to the fiscal year 2015
enacted level and $2,623,000 above the budget request, and
includes $5,000,000 for biomass utilization grants. The
Committee recommends prioritizing funding for proactive
hazardous fuels management and fire mitigation.
The Forest Service is directed to implement effective
treatments in frequent fire forests that restore forest
resiliency and reduce hazardous fuels. Treatments should be
placed to effectively modify fire behavior and protect assets
at risk including life and property.
The Committee continues to be concerned with the pace of
planning and implementation of post-fire rehabilitation by the
Forest Service. The slow pace of rehabilitation leaves
communities unable to access timber resources and delays the
regeneration of Federal forests. The Committee directs the
Forest Service to prioritize and expedite planning and
implementation of post-fire rehabilitation projects.
Fire Plan Research and Development.--The Committee
recommends $19,795,000 for Fire Plan Research and Development,
equal to the fiscal year 2015 enacted level and $25,000 below
the budget request.
Joint Fire Science Program.--The Committee recommends
$6,914,000 for the Joint Fire Science Program, equal to the
fiscal year 2015 enacted level and $3,000 below the budget
request.
State Fire Assistance.--The Committee recommends
$78,000,000 for State Fire Assistance, equal to the fiscal year
2015 enacted level and $12,000 below the budget request.
Volunteer Fire Assistance.--The Committee recommends
$13,000,000 for Volunteer Fire Assistance, equal to the fiscal
year 2015 enacted level and the budget request.
FLAME Wildfire Suppression Reserve Fund
(INCLUDING TRANSFERS OF FUNDS)
Appropriation enacted, 2015........................... $303,060,000
Budget estimate, 2016................................. 0
Recommended, 2016..................................... 315,000,000
Comparison:
Appropriation, 2015............................... +11,940,000
Budget estimate, 2016............................. +315,000,000
The Committee recommends $315,000,000 for the FLAME
Wildfire Suppression Reserve Fund, $11,940,000 above the fiscal
year 2015 enacted level and $315,000,000 above the budget
request. As discussed above under Wildland Fire Management, the
Committee fully funds the 10-year average expenditure for
wildfire suppression.
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
(INCLUDING TRANSFERS OF FUNDS)
The Committee has included administrative provisions as
requested, unless otherwise stated below.
The Committee continues the administrative provision
regarding Wildland Fire Management and the FLAME Wildfire
Suppression Reserve Fund as included in the Consolidated and
Further Appropriations Act, 2015.
The Committee retains the administrative provision
regarding reprogramming authority.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
The provision of Federal health services to Indians is
based on a relationship between Indian Tribes and the U.S.
Government first set forth in the 1830s by the U.S. Supreme
Court under Chief Justice John Marshall. Numerous treaties,
statutes, constitutional provisions, and international laws
have reconfirmed this relationship. Principal among these is
the Snyder Act of 1921, which provides the basic authority for
most Indian health services provided by the Federal government
to American Indians and Alaska Natives. The Indian Health
Service (IHS) provides direct health care services in 28
hospitals, 61 health centers, three school health centers, and
34 health stations. Tribes and tribal groups, through contracts
and compacts with the IHS, operate 17 hospitals, 249 health
centers, six school health centers, and 70 health stations
(including 164 Alaska Native village clinics).
INDIAN HEALTH SERVICES
Appropriation enacted, 2015........................... $4,182,147,000
Budget estimate, 2016................................. 4,463,260,000
Recommended, 2016..................................... 4,321,539,000
Comparison:
Appropriation, 2015............................... +139,392,000
Budget estimate, 2016............................. -141,721,000
The Committee recommends $4,321,539,000 for Indian Health
Services, $139,392,000 above the fiscal year 2015 enacted level
and $141,721,000 below the budget request. In addition to the
table at the end of this report, the recommendation includes
the following instructions and changes to the budget request:
Staffing for New Facilities.--The recommendation includes
$16,222,000 for the staffing of newly opened health facilities,
as requested. Funds for the staffing of new facilities are
limited to facilities funded through the Health Care Facilities
Construction Priority System or the Joint Venture Construction
Program that have opened in fiscal year 2015 or will open in
fiscal year 2016. None of these funds may be allocated to a
facility until such facility has achieved beneficial occupancy
status.
Dental Health.--The recommendation includes $178,959,000
for dental health, $4,977,000 above the fiscal year 2015
enacted level. The Service is encouraged to coordinate with the
Bureau of Indian Education to establish a pilot program
integrating preventive dental care at schools within the Bureau
system.
Purchased/Referred Care (formerly Contract Health
Services).--The recommendation includes $935,726,000 for
Purchased/Referred Care. The Committee urges the Service,
Tribes, and the congressional authorizing committees to make
reasonable and expeditious progress to address the concerns and
recommendations made by the Government Accountability Office
(GAO), most notably with regard to unfair allocations, third-
party overbilling, and under-enrollment in other qualifying
Federal programs.
The Committee urges the Service to work expeditiously with
the relevant Congressional authorizing committees to enact
authorization for the Service to cap payment rates for non-
hospital services, as recommended by the Government
Accountability Office (GAO 13-272). Failure to do so costs the
program an estimated $30 million annually that could be used to
purchase more services.
Contract Support Costs.--The recommendation includes
$717,970,000 as requested for full funding of estimated
contract support costs. Bill language has been added making
these funds available until expended and protecting against the
use of other appropriations to meet unanticipated shortfalls.
The Service is directed to work with Tribes and tribal
organizations to ensure that budget estimates continue to be as
accurate as possible.
Eligibility.--The Committee recognizes the Federal
government's trust responsibility for providing healthcare for
American Indians and Alaska Natives. The Committee is aware
that the definition of who is an ``Indian'' is inconsistent
across various Federal health programs, which has led to
confusion, increased paperwork and even differing
determinations of health benefits within Indian families
themselves. The Committee therefore directs the Department of
Health and Human Services, the Indian Health Service, and the
Department of the Treasury to work together to establish a
consistent definition of an ``Indian'' for purposes of
providing health benefits.
Urban Indian Health.--The recommendation includes
$44,410,000 for Urban Indian Health, $806,000 above the fiscal
year 2015 enacted level and the budget request. The agency is
directed to include current services estimates for Urban Indian
Health in future budget requests. The Committee notes the
agency's failure to report the results of the needs assessment
directed by House Report 111-180. Therefore the recommendation
includes a reduction to the Service leadership budget, along
with bill language requiring a program strategic plan developed
in consultation with urban Indians and the National Academy of
Public Administration.
Shortage of Health Care Providers.--The Service is
encouraged to work with Tribes and health care organizations to
find creative ways to address the Service's health care
provider shortage, including improvements to the credentialing
process.
INDIAN HEALTH FACILITIES
Appropriation enacted, 2015........................... $460,234,000
Budget estimate, 2016................................. 639,725,000
Recommended, 2016..................................... 466,329,000
Comparison:
Appropriation, 2015............................... +6,095,000
Budget estimate, 2015............................. -173,396,000
The Committee recommends $466,329,000 for Indian Health
Facilities, $6,095,000 above the fiscal year 2015 enacted level
and $173,396,000 below the budget request. In addition to the
table at the end of this report, the recommendation includes
the following instructions:
Staffing for New Facilities.--The recommendation includes
$1,584,000 for the staffing of newly opened health facilities
as requested. The stipulations included in the Indian Health
Services account regarding the allocation of funds pertains to
this account as well.
National Institutes of Health
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
The National Institute of Environmental Health Sciences, an
agency within the National Institutes of Health, was authorized
in section 311(a) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 and in section 126(g)
of the Superfund Amendments and Reauthorization Act of 1986 to
conduct certain research and worker training activities
associated with the nation's Hazardous Substance Superfund
program.
Appropriation enacted, 2015........................... $77,349,000
Budget estimate, 2016................................. 77,349,000
Recommended, 2016..................................... 77,349,000
Comparison:
Appropriation, 2015............................... 0
Budget estimate, 2016............................. 0
The Committee recommends $77,349,000 for the National
Institute of Environmental Health Sciences, equal to the fiscal
year 2015 enacted level and the budget request.
Agency for Toxic Substances and Disease Registry
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH
The Agency for Toxic Substances and Disease Registry
(ATSDR), an agency in the Department of Health and Human
Services, was created in section 104(i) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980. The Agency's mission is to serve the public through
responsive public health actions to promote healthy and safe
environments and prevent harmful toxic exposures. ATSDR
assesses hazardous exposures in communities near toxic waste
sites and advises the Environmental Protection Agency (EPA) and
other government agencies, community groups and industry
partners on actions needed to protect people's health. In
addition, ATSDR conducts toxicological and applied research to
support environmental assessments, supports health surveillance
systems and registries, develops and disseminates information
on hazardous substances, provides education and training on
hazardous exposures, and responds to environmental emergencies.
Through a national network of scientists and public health
practitioners in State health departments, regional EPA offices
and headquarters, ATSDR helps to protect people from acute
toxic exposures that occur from hazardous leaks and spills,
environment-related poisonings, and natural and terrorism-
related disasters.
Appropriation enacted, 2015........................... $74,691,000
Budget estimate, 2016................................. 74,691,000
Recommended, 2016..................................... 74,691,000
Comparison:
Appropriation, 2015............................... 0
Budget estimate, 2016............................. 0
The Committee recommends $74,691,000 for the Agency for
Toxic Substances and Disease Registry, equal to the fiscal year
2015 level and the budget request.
OTHER RELATED AGENCIES
Executive Office of the President
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY
The Council on Environmental Quality (CEQ) was established
by Congress under the National Environmental Policy Act of 1969
(NEPA). The Office of Environmental Quality (OEQ), which
provides professional and administrative staff for the Council,
was established in the Environmental Quality Improvement Act of
1970. The Council on Environmental Quality has statutory
responsibility for overseeing Federal agency implementation of
the requirements of NEPA. CEQ also assists in coordinating
environmental programs among the Federal agencies in the
Executive Branch.
Appropriation enacted, 2015........................... $3,000,000
Budget estimate, 2016................................. 3,015,000
Recommended, 2016..................................... 3,000,000
Comparison:
Appropriation, 2015............................... 0
Budget estimate, 2016............................. -15,000
The Committee recommends $3,000,000 for the Council on
Environmental Quality and Office of Environmental Quality,
equal to the fiscal year 2015 enacted level and $15,000 below
the budget request.
Chemical Safety and Hazard Investigation Board
SALARIES AND EXPENSES
The Chemical Safety and Hazard Investigation Board (CSB) is
an independent Federal agency charged with investigating
industrial chemical accidents. The board members are appointed
by the President and confirmed by the Senate. The CSB conducts
root-cause investigations of chemical accidents at fixed
industrial facilities. Root causes are usually deficiencies in
safety management systems, but can be any factor that would
have prevented the accident if that factor had not occurred.
Other accident causes often involve equipment failures, human
errors, unforeseen chemical reactions or other hazards. CSB
does not issue fines or citations, but does make
recommendations to plants, regulatory agencies such as the
Occupational Safety and Health Administration and the
Environmental Protection Agency, industry organizations, and
labor groups. Congress designed the CSB to be non-regulatory
and independent of other agencies so that its investigations
might, where appropriate, review the effectiveness of
regulations and regulatory enforcement.
Appropriation enacted, 2015........................... $11,000,000
Budget estimate, 2016................................. 12,271,000
Recommended, 2016..................................... 11,000,000
Comparison:
Appropriation, 2015............................... 0
Budget estimate, 2016............................. -1,271,000
The Committee recommends $11,000,000 for Salaries and
Expenses of the Chemical Safety and Hazard Investigation Board,
equal to the fiscal year 2015 enacted level and $1,271,000
below the budget request.
Office of Navajo and Hopi Indian Relocation
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The Office of Navajo and Hopi Indian Relocation was
established by Public Law 93-531 to plan and conduct relocation
activities associated with the settlement of a land dispute
between the Navajo Nation and the Hopi Tribe.
Appropriation enacted, 2015........................... $7,341,000
Budget estimate, 2016................................. 8,400,000
Recommended, 2016..................................... 7,341,000
Comparison:
Appropriation, 2015............................... 0
Budget estimate, 2016............................. -1,059,000
The Committee recommends $7,341,000 for the Office of
Navajo and Hopi Indian Relocation, equal to the fiscal year
2015 enacted level and $1,059,000 below the budget request. Of
this amount, $200,000 shall be transferred to the Department of
the Interior Office of Inspector General to continue auditing
the program. Members of the Committee recently traveled to the
lands in dispute and met with members of the Hopi Tribe and the
Navajo Nation to better understand the issues. The Committee
will be working to bring this program to an expeditious and
fair end in the near future.
Institute of American Indian and Alaska Native Culture and Arts
Development
2015 PAYMENT TO THE INSTITUTE
Appropriation enacted, 2015........................... $9,469,000
Budget estimate, 2016................................. 11,619,000
Recommended, 2016..................................... 9,469,000
Comparison:
Appropriation, 2015............................... 0
Budget estimate, 2016............................. -2,150,000
The Committee recommends $9,469,000 in direct
appropriations for the Institute of American Indian and Alaska
Native Culture and Arts Development, equal to the fiscal year
2015 enacted level and $2,150,000 below the budget request. The
Committee encourages the Institute to submit a budget request
beginning with fiscal year 2017, in coordination with other
tribal colleges and universities, to transition appropriations
to a school calendar as opposed to a fiscal calendar, over a
period of three to five years.
SMITHSONIAN INSTITUTION
The Smithsonian Institution is the world's largest museum
and research complex, with 19 museums and galleries, numerous
research centers, libraries, archives, and the National
Zoological Park. Funded by both private and Federal sources,
the Smithsonian is unique in the Federal establishment. Created
by an Act of Congress in 1846 to carry out the trust included
in James Smithson's will, it has been engaged for 169 years in
the ``increase and diffusion of knowledge.'' Last year, the
Smithsonian attracted over 27 million visits to its museums,
galleries, and zoological park. Additional millions also view
Smithsonian traveling exhibitions and participate in the annual
Folklife Festival on the National Mall. As custodian of the
National Collections, the Smithsonian is responsible for more
than 138 million art objects, natural history specimens, and
artifacts. These scientific and cultural collections are a
vital resource for global research and conservation efforts.
The collections are displayed for the enjoyment and education
of visitors and are available for research by the staff of the
Institution and by thousands of visiting students, scientists,
and historians each year.
SALARIES AND EXPENSES
Appropriation enacted, 2015........................... $675,343,000
Budget estimate, 2016................................. 735,825,000
Recommended, 2016..................................... 680,422,000
Comparison:
Appropriation, 2015............................... +5,079,000
Budget estimate, 2016............................. -55,403,000
The Committee recommends $680,422,000 for Salaries and
Expenses of the Smithsonian Institution, $5,079,000 above the
fiscal year 2015 enacted level and $55,403,000 below the budget
request.
Additional Guidance.--The following additional direction
and guidance is provided with respect to funding provided
within this account:
Collections Care.--The Committee maintains its longstanding
commitment to the preservation of priceless, irreplaceable
Smithsonian Institution collections and has provided funds, as
requested, for the collections care initiative. The Committee
is pleased by continuing efforts to improve the long-term
inventory, preservation, and storage of historical collections
including the military uniform collection at the National
Museum of American History.
National Museum of African American History and Culture.--
The Committee maintains its support for the National Museum of
African American History and Culture (NMAAHC) and recognizes
the need to address a number of funding priorities in advance
of the museum's opening in 2016.
Science Education.--STEM education (Science, Technology,
Engineering, and Mathematics) is critical to our country's
capacity to innovate and better prepare our Nation's young
people for the high technology jobs of tomorrow. The Committee
remains concerned by the lack of coordination and communication
of STEM activities, budgets, and achievements across the
Federal government. The Committee has not included requested
funding for STEM engagement believing funds should be directed
to higher priority needs within the Institution.
Latino Programs, Exhibitions, Collections and Public
Outreach.--The Committee supports the Smithsonian Latino
Center's goal of promoting the inclusion of Latino
contributions in Smithsonian Institution programs, exhibitions,
collections and public outreach. The Committee urges
collaboration among interested parties to advance these goals
more fully by utilizing existing Smithsonian Institution museum
locations for the expansion of the Smithsonian Latino Center's
programming, exhibition and collection space. The Committee has
provided funds, as requested, to support the Institution's
Latino initiatives.
Ocean Education and Research.--The Smithsonian is
encouraged to work with Executive Branch agencies, including
NOAA, and other relevant organizations to further education
related to America's oceans and to advance research in marine
science.
FACILITIES CAPITAL
Appropriation enacted, 2015........................... $144,198,000
Budget estimate, 2016................................. 200,000,000
Recommended, 2016..................................... 139,119,000
Comparison:
Appropriation, 2015............................... -5,079,000
Budget estimate, 2016............................. -60,881,000
The Committee recommends $139,119,000 for Facilities
Capital, $5,079,000 below the fiscal year 2015 enacted level
and $60,881,000 below the budget request.
The Committee supports revitalization of Smithsonian
Institution facilities and the planning and design of future
projects. The Committee has provided funds to continue ongoing
revitalization projects at the National Museum of Natural
History, National Zoological Park, National Museum of American
History, National Air and Space Museum, National Museum of the
American Indian, Museum Support Center, and the Suitland
Collections Facility. The Committee urges the Smithsonian to
use remaining revitalization funds provided to support the
highest priority projects on the Facilities Capital Program
list.
NATIONAL GALLERY OF ART
The National Gallery of Art is one of the world's great
galleries. Its magnificent works of art, displayed for the
benefit of millions of visitors annually, and its two iconic
buildings and sculpture garden, serve as an example of a
successful cooperative endeavor between private individuals and
institutions and the Federal government. With the special
exhibitions shown in the Gallery, and through the many
exhibitions which travel across the country, the Gallery brings
great art treasures to Washington, D.C., and to the Nation.
Through its educational and teacher training programs and its
website, the Gallery provides art history materials, rich
online educational materials, direct loans, and broadcast
programs to millions of Americans in every State.
SALARIES AND EXPENSES
Appropriation enacted, 2015........................... $119,500,000
Budget estimate, 2016................................. 126,660,000
Recommended, 2016..................................... 119,500,000
Comparison:
Appropriation, 2015............................... 0
Budget estimate, 2016............................. -7,160,000
The Committee recommends $119,500,000 for Salaries and
Expenses of the National Gallery of Art, equal to the fiscal
year 2015 enacted level and $7,160,000 below the budget
request.
Bill Language.--The Committee has included bill language,
as requested, specifying the amount provided for Special
Exhibitions.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
Appropriation enacted, 2015........................... $19,000,000
Budget estimate, 2016................................. 26,000,000
Recommended, 2016..................................... 19,000,000
Comparison:
Appropriation, 2015............................... 0
Budget estimate, 2016............................. -7,000,000
The Committee recommends $19,000,000 for Repair,
Restoration and Renovation of buildings at the National Gallery
of Art, equal to the fiscal year 2015 enacted level and
$7,000,000 below the budget request.
Bill Language.--The Committee has included bill language,
as requested, relating to lease agreements of no more than 10
years that addresses space needs created by ongoing renovations
in the Master Facilities Plan.
John F. Kennedy Center for the Performing Arts
The John F. Kennedy Center for the Performing Arts is a
living memorial to the late President Kennedy and is the
National Center for the Performing Arts. The Center houses nine
stages and seven theaters which have a total of more than 7,300
seats. The Center consists of over 1.5 million square feet of
usable floor space with visitation averaging 8,000 on a daily
basis. The support systems in the building often operate at
capacity 18 hours a day, seven days a week, 365 days a year.
OPERATIONS AND MAINTENANCE
Appropriation enacted, 2015........................... $22,000,000
Budget estimate, 2016................................. 21,660,000
Recommended, 2016..................................... 21,660,000
Comparison:
Appropriation, 2015............................... -340,000
Budget estimate, 2016............................. 0
The Committee recommends $21,660,000 for Operations and
Maintenance, $340,000 below the fiscal year 2015 enacted level
and equal to the budget request.
CAPITAL REPAIR AND RESTORATION
Appropriation enacted, 2015........................... $10,800,000
Budget estimate, 2016................................. 14,740,000
Recommended, 2016..................................... 11,140,000
Comparison:
Appropriation, 2015............................... +340,000
Budget estimate, 2016............................. -3,600,000
The Committee recommends $11,140,000 for Capital Repair and
Restoration $340,000 above the fiscal year 2015 enacted level
and $3,600,000 below the budget request.
Woodrow Wilson International Center for Scholars
SALARIES AND EXPENSES
The Woodrow Wilson International Center for Scholars
promotes policy-relevant research and dialogue to increase
understanding and enhance the capabilities and knowledge of
leaders, citizens, and institutions worldwide. The Center hosts
scholars and policy makers to do their own advanced study,
research and writing and facilitates debate and discussions
among scholars, public officials, journalists and business
leaders from across the country on relevant, major long-term
issues facing this Nation and the world.
Appropriation enacted, 2015........................... $10,500,000
Budget estimate, 2016................................. 10,420,000
Recommended, 2016..................................... 10,420,000
Comparison:
Appropriation, 2015............................... -80,000
Budget estimate, 2016............................. 0
The Committee recommends $10,420,000 for Salaries and
Expenses of the Woodrow Wilson International Center for
Scholars, $80,000 below the fiscal year 2015 enacted level and
equal to the budget request.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
GRANTS AND ADMINISTRATION
Appropriation enacted, 2015........................... $146,021,000
Budget estimate, 2016................................. 147,949,000
Recommended, 2016..................................... 146,021,000
Comparison:
Appropriation, 2015............................... 0
Budget estimate, 2016............................. -1,928,000
The Committee recommends $146,021,000 for the National
Endowment for the Arts (NEA), equal to the fiscal year 2015
enacted level and $1,928,000 below the budget request.
Consistent with the Consolidated and Further Continuing
Appropriations Act, 2015, no funds have been provided for the
``Our Town'' initiative. The Committee believes direct grant
funding can be better utilized supporting other effective
priorities including arts therapy and engagement treatment
programs for service members. The Committee supports the NEA's
participation in the National Initiative on Arts and the
Military, a collaborative effort involving Federal agencies,
the military, and nonprofit and private sector partners working
to advance the policy, research, and practice of arts therapy
for military veterans and their families.
Further, the Committee commends the NEA for its
collaboration with the Walter Reed National Military Center in
creating the NEA/Walter Reed Healing Arts Partnership. Since
2011, this unique partnership has supported creative and
innovative arts therapies for service members returning from
Afghanistan and Iraq. This collaborative relationship has also
resulted in clinical research at the Fort Belvoir Community
Hospital Brain Injury Clinic in Virginia to evaluate the
potential health benefits of creative arts therapy
interventions for troops including service members with
Traumatic Brain Injury and Post Traumatic Stress.
The Committee values greatly the longstanding collaborative
relationship between the NEA and the States. State Arts
Agencies support the arts for communities at the grassroots
level regardless of their geographic location, providing much
of their funding to smaller organizations, community groups,
and schools rather than well-established arts organizations.
The Committee remains committed to supporting proven
national initiatives with broad geographic reach. The Big Read,
Challenge America, and Shakespeare in American Communities are
among the cost-effective grant programs with broad, bipartisan
Congressional support that meet these criteria, supporting the
NEA's goal of extending the arts to underserved populations in
both urban and rural communities across the United States.
Bill Language.--Each year, the Committee provides in bill
language specific guidelines under which the Endowment is
directed to distribute taxpayer dollars in support of the arts.
With the exception of established honorific programs, grant
funding to individual artists is strictly prohibited. The
Committee directs that priority be given to providing services
or grant funding for projects, productions, or programs that
encourage public knowledge, education, understanding, and
appreciation of the arts. Any reduction in support to the
States for arts education should be no more than proportional
to other funding decreases taken in other NEA programs.
Reforms originally instituted by the Committee in P.L. 108-
447 relating to grant guidelines and program priorities are
fully restated in Sections 413 and 414 of the bill. The
Committee expects the NEA to adhere to them fully. These
reforms maintain broad bipartisan support and continue to serve
well both the NEA and the public.
National Endowment for the Humanities
GRANTS AND ADMINISTRATION (INCLUDING MATCHING GRANTS)
Appropriation enacted, 2015........................... $146,021,000
Budget estimate, 2016................................. 147,942,000
Recommended, 2016..................................... 146,021,000
Comparison:
Appropriation, 2015............................... 0
Budget estimate, 2016............................. -1,921,000
The Committee recommends a total of $146,021,000 for the
National Endowment for the Humanities (NEH), equal to the
fiscal year 2015 enacted level and $1,921,000 below the budget
request.
The Committee commends the NEH for its support of grant
programs like the Warrior-Scholar Project to benefit veterans
and service members transitioning to civilian life. Within
funds provided, the Committee encourages the NEH to prioritize
efforts to connect the humanities to the experience of veterans
and provide educational opportunities for these American
heroes.
The Committee commends the NEH Federal/State Partnership
for its ongoing, successful collaboration with State humanities
councils in each of the 50 states as well as Washington, D.C.,
the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam,
the Commonwealth of the Northern Mariana Islands, and American
Samoa. Every NEH dollar received by a council is matched by a
local contribution. In recent years, the proportion of NEH
program funds supporting the work of State humanities councils
has grown to nearly 40 percent. The Committee urges the NEH to
provide program funding to support the work of State humanities
councils consistent with the guidance provided in the
Consolidated and Further Continuing Appropriations Act, 2015.
Commission of Fine Arts
The Commission of Fine Arts was established in 1910 to
advise the Federal government on matters pertaining to the
design of national symbols, and particularly to guide the
architectural development of Washington, D.C. The Commission's
work includes advice on designs for parks, public buildings,
public art, as well as the design of national monuments, coins
and medals, and overseas American military cemeteries. In
addition, the Commission conducts design reviews of semipublic
and private structures within the Old Georgetown Historic
District and within certain areas of the National Capital that
are adjacent to areas of Federal interest. The Commission
reviews approximately 700 projects annually. The Commission
also administers the National Capital Arts and Cultural Affairs
program.
SALARIES AND EXPENSES
Appropriation enacted, 2015........................... $2,524,000
Budget estimate, 2016................................. 2,653,000
Recommended, 2016..................................... 2,524,000
Comparison:
Appropriation, 2015............................... 0
Budget estimate, 2016............................. -129,000
The Committee recommends $2,524,000 for Salaries and
Expenses of the Commission of Fine Arts, equal to the fiscal
year 2015 enacted level and $129,000 below the budget request.
National Capital Arts and Cultural Affairs
Appropriation enacted, 2015........................... $2,000,000
Budget estimate, 2016................................. 2,000,000
Recommended, 2016..................................... 2,000,000
Comparison:
Appropriation, 2015............................... 0
Budget estimate, 2016............................. 0
The National Capital Arts and Cultural Affairs (NCACA)
program was established in Public Law 99-190 to support
organizations that perform, exhibit, and/or present the arts in
the Nation's Capital. The Committee recommends $2,000,000,
equal to the fiscal year 2015 enacted level and the budget
request.
Bill Language.--The bill does not include requested
language addressing limitations on grant recipient eligibility.
The Committee directs the program to provide a report, not
later than 90 days after enactment of this Act, detailing the
potential future impact of inclusion of such bill language on
those arts and cultural affairs organizations that received
NCACA grant funding in fiscal year 2015.
Advisory Council on Historic Preservation
SALARIES AND EXPENSES
The National Historic Preservation Act of 1966 established
the Advisory Council on Historic Preservation (ACHP). The ACHP
was granted permanent authorization as part of the National
Historic Preservation Act Amendments of 2006 (Public Law 109-
453). The ACHP promotes the preservation, enhancement, and
productive use of our nation's historic resources and advises
the President and Congress on national historic preservation
policy.
Appropriation enacted, 2015........................... $6,204,000
Budget estimate, 2016................................. 6,080,000
Recommended, 2016..................................... 6,080,000
Comparison:
Appropriation, 2015............................... -124,000
Budget estimate, 2016............................. 0
The Committee recommends $6,080,000 for Salaries and
Expenses of the Advisory Council on Historic Preservation
(ACHP), $124,000 below the fiscal year 2015 enacted level and
equal to the budget request.
National Capital Planning Commission
SALARIES AND EXPENSES
The National Capital Planning Act of 1952 designated the
National Capital Planning Commission as the central planning
agency for the Federal government in the National Capital
Region. The three major functions of the Commission are to
prepare and adopt the Federal elements of the National Capital
Comprehensive Plan; prepare an annual report on a five-year
projection of the Federal Capital Improvement Program; and
review plans and proposals submitted to the Commission.
Appropriation enacted, 2015........................... $7,948,000
Budget estimate, 2016................................. 8,348,000
Recommended, 2016..................................... 7,948,000
Comparison:
Appropriation, 2015............................... 0
Budget estimate, 2016............................. -400,000
The Committee recommends $7,948,000 for Salaries and
Expenses of the National Capital Planning Commission, equal to
the fiscal year 2015 enacted level and $400,000 below the
budget request.
United States Holocaust Memorial Museum
HOLOCAUST MEMORIAL MUSEUM
In 1980, Congress passed legislation creating a 65-member
Holocaust Memorial Council with the mandate to create and
oversee a living memorial/museum to victims of the Holocaust.
The museum opened in April 1993. Construction costs for the
museum came solely from donated funds raised by the U.S.
Holocaust Memorial Museum Campaign, and appropriated funds were
used for planning and development of programmatic components,
overall administrative support, and annual commemorative
observances. Since the opening of the museum, appropriated
funds have been provided to pay for the ongoing operating costs
of the museum as authorized by Public Law 102-529 and Public
Law 106-292. Private funds support educational outreach
throughout the United States.
Appropriation enacted, 2015........................... $52,385,000
Budget estimate, 2016................................. 54,959,000
Recommended, 2016..................................... 52,385,000
Comparison:
Appropriation, 2015............................... 0
Budget estimate, 2016............................. -2,574,000
The Committee recommends $52,385,000 for the Holocaust
Memorial Museum, equal to the fiscal year 2015 enacted level
and $2,574,000 below the budget request.
Dwight D. Eisenhower Memorial Commission
The Dwight D. Eisenhower Memorial Commission was created by
Congress in 1999 through Public Law 106-79 for the purpose of
establishing a permanent national memorial to Dwight D.
Eisenhower, Supreme Commander of the Allied Forces in Europe in
World War II and 34th President of the United States. The
Commission consists of 12 members including four members of the
House of Representatives, four Senators, and four private
citizens appointed by the President.
SALARIES AND EXPENSES
Appropriation enacted, 2015........................... $1,000,000
Budget estimate, 2016................................. 2,000,000
Recommended, 2016..................................... 0
Comparison:
Appropriation, 2015............................... -1,000,000
Budget estimate, 2016............................. -2,000,000
The bill does not include funding for the Salaries and
Expenses account.
The Committee strongly supports the construction of a
permanent memorial to Dwight D. Eisenhower. However, the
Commission's ongoing indifference to the views of the
Eisenhower family, and the resulting lack of consensus on the
memorial design, remain an area of significant concern. It is
inconceivable and unacceptable to the Committee that a memorial
to Dwight D. Eisenhower could be designed, approved, and built
without the active support of the Eisenhower family. Legitimate
issues raised by the Eisenhower family over the size, scope,
and values reflected in the memorial's design have been
routinely disregarded even as the Commission has continued to
aggressively pursue required project approvals.
Accordingly, the Committee believes a ``reset'' is
necessary in order for the project to continue. Such a reset
should include 1) an open competition and selection and
approval of a new design utilizing the existing designated
memorial site that includes the participation of the Eisenhower
family and other partners in the planning and approval process
and, 2) the appointment of new Commission staff.
The Committee notes with concern both the number of
consultants under contract with the Commission and the amount
paid to these consultants. The Committee has learned that, to
date, the Commission has paid contract staff and consultants
nearly $7,000,000 from the salaries and expenses account.
Additional amounts, including $16,000,000 for the memorial's
architect and design firm, have been paid from the construction
account. The Committee understands that some contract expenses
which had been paid from the salaries and expenses account are
now being paid using previously appropriated construction
account funds.
The Committee further understands that the unobligated
balance for the Salary and Expenses account is presently more
than $1,000,000. The Committee believes additional review of
these Commission expenditures is necessary and, therefore,
directs the Commission to provide not later than 30 days after
enactment of this Act, a list of all paid contractors and
consultants to the Commission since fiscal year 2011, their
function, contract amount, payment amounts made to each to
date, and whether payments to such contractors or consultants
have been paid from the Salaries and Expenses account or the
Construction account.
Also worth noting is the Commission's anemic fundraising
record. In spite of paying a fundraising consultant $1,400,000
over the last four years, the Commission has raised less than
$450,000 to date (including $300,000 from a single donor). This
leaves the Commission well behind its fundraising goal to
complete the memorial. The Eisenhower family, whose support is
critical to raising funds, has indicated its willingness and
desire to assist with fundraising should a memorial be built
that more closely reflects the Eisenhower family's values.
Given these concerns, the Committee strongly urges the
authorizers of jurisdiction in the House and Senate to work
expeditiously on legislation to authorize an open, public, and
transparent new design process that is collaborative and
involves the various constituencies as partners including, but
not limited to, the Congress, the Eisenhower family, the
Eisenhower Commission, the National Park Service, the
Commission on Fine Arts, and the National Capitol Planning
Commission. Such legislation should direct the appointment of a
new Commission staff.
In the interim, the Committee directs that monthly
expenditures by the Commission shall be limited to payroll,
rent, utilities and other fixed costs associated with essential
daily operations of the Commission only. No funds previously
appropriated shall be used for travel-related expenses. The
Committee also directs the Commission to submit to the
Committees on Appropriations a monthly report on all
expenditures from amounts previously appropriated.
CAPITAL CONSTRUCTION
Appropriation enacted, 2015........................... $0
Budget estimate, 2016................................. 68,200,000
Recommended, 2016..................................... 0
Comparison:
Appropriation, 2015............................... 0
Budget estimate, 2016............................. -68,200,000
The bill does not include funding for the Capital
Construction account. No additional funding will be provided
until a public competition for a new design occurs utilizing
the existing designated memorial site. The Committee continues
bill language maintaining the approved site of the memorial and
preventing construction of the memorial to begin until all
necessary construction funds have been appropriated.
TITLE IV--GENERAL PROVISIONS
Section 401 continues a provision prohibiting activities to
promote public support or opposition to legislative proposals.
Section 402 continues a provision providing for annual
appropriations unless expressly provided otherwise in this Act.
Section 403 continues a provision providing restrictions on
departmental assessments unless approved by the Committees on
Appropriations.
Section 404 continues a limitation on accepting and
processing applications for patents and on the patenting of
Federal lands; permits processing of grandfathered
applications; and permits third-party contractors to process
grandfathered applications.
Section 405 continues a provision regarding the payment of
contract support costs for fiscal year 2014 and prior years.
Section 406 addresses the payment of contract support costs
for fiscal year 2016.
Section 407 continues a provision allowing Forest Service
land management plans to be more than 15 years old if the
Secretary is acting in good faith to update such plans and
prohibiting the use of funds to implement new wilderness
directives under the planning rule.
Section 408 continues a provision limiting preleasing,
leasing, and related activities within the boundaries of
National Monuments.
Section 409 continues a provision which restricts funding
for acquisition of land from being used for declarations of
taking or complaints in condemnation.
Section 410 continues a provision addressing timber sales
involving Alaskan western red cedar.
Section 411 continues a provision which prohibits no-bid
contracts and grants except under certain circumstances.
Section 412 continues a provision which requires public
disclosure of certain reports.
Section 413 continues a provision which delineates the
grant guidelines for the National Endowment for the Arts.
Section 414 continues a provision which delineates the
program priorities for the programs managed by the National
Endowment for the Arts.
Section 415 continues a provision requiring the Department
of the Interior, the EPA, the Forest Service, and the Indian
Health Service to provide the Committees on Appropriations a
quarterly report on the status of balances of appropriations.
Section 416 requires the President to submit a report to
the Committees on Appropriations no later than 120 days after
the fiscal year 2017 budget is submitted to Congress describing
in detail all Federal agency obligations and expenditures for
climate change programs and activities in fiscal years 2015 and
2016.
Section 417 continues a provision prohibiting the use of
funds to promulgate or implement any regulation requiring the
issuance of permits under title V of the Clean Air Act for
carbon dioxide, nitrous oxide, water vapor, or methane
emissions.
Section 418 continues a provision prohibiting the use of
funds to implement any provision in a rule if that provision
requires mandatory reporting of greenhouse gas emissions from
manure management systems.
Section 419 provides a one-year extension of the current
recreation fee authority.
Section 420 continues a provision from the Consolidated and
Further Continuing Appropriations Act, 2015 modifying
authorities relating to the Dwight D. Eisenhower Memorial
Commission.
Section 421 prohibits the use of funds to regulate the lead
content of ammunition or fishing tackle.
Section 422 prohibits the use of funds to develop, adopt,
implement, administer, or enforce a change or supplement to a
rule or guidance documents pertaining to the definition of
waters under the Federal Water Pollution Control Act.
Section 423 prohibits the use of funds to develop, carry
out, implement, or enforce proposed regulations published on
June 18, 2010.
Section 424 prohibits the use of funds to limit
recreational shooting and hunting on Federal and public lands
except for public safety.
Section 425 prohibits the use of funds for the National
Ocean Policy developed under Executive Order 13547.
Section 426 prohibits EPA from using funds to implement,
administer, or enforce the lead renovation rule until EPA has
approved a commercially available lead test kit.
Section 427 prohibits EPA from using funds to develop,
propose, finalize, implement, enforce, or administer any
regulation that would establish new financial responsibility
requirements under CERCLA.
Section 428 prohibits EPA from using funds to develop,
issue, implement, or enforce any greenhouse gas New Source
Performance Standards on any new or existing source that is an
electric utility generating unit.
Section 429 prohibits the use of funds from making any
change to the regulations in effect on October 1, 2012,
pertaining to the definitions of the terms ``fill material'' or
``discharge of fill material''.
Section 430 continues a provision through fiscal year 2017
authorizing the Secretary of the Interior and the Secretary of
Agriculture to consider local contractors when awarding
contracts for certain activities on public lands.
Section 431 extends the authorization for the Chesapeake
Bay Initiative.
Section 432 extends certain authorities through fiscal year
2016 allowing the Forest Service to renew grazing permits.
Section 433 makes available vacant allotments for
permittees impacted by drought or wildland fire.
Section 434 clarifies the protection of water rights with
regard to Forest Service and Bureau of Land Management permits.
Section 435 limits the use of funds for status changes of
certain chemicals.
Section 436 sets requirements for the use of American iron
and steel for certain loans and grants.
Section 437 prohibits the use of funds pertaining to
certain updates to the social cost of carbon.
Section 438 prohibits the use of finds to revise primary
and secondary standards for ozone until at least 85 percent of
counties in nonattahunent achieve compliance with previous
standards.
Section 439 prohibits the use of funds for certain
activities related to the final rule on hydraulic fracturing on
Federal and Indian Lands.
Section 440 establishes a Spending Reduction Account in the
bill.
Bill-Wide Reporting Requirements
The following items are included in accordance with various
requirements of the Rules of the House of Representatives:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the following is a statement of
general performance goals and objectives for which this measure
authorizes funding:
The Committee on Appropriations considers program
performance, including a program's success in developing and
attaining outcome-related goals and objectives, in developing
funding recommendations.
RESCISSION OF FUNDS
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following table is submitted
describing the rescission recommended in the accompanying bill:
Department and activity:
Amounts recommended for rescission:
Department of the Interior: Land and Water $28,000,000.
Conservation Fund (contract authority)...............
Environmental Protection Agency: STAG............. $8,000,000.
TRANSFERS OF FUNDS
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following table is submitted
describing the transfer of funds in the accompanying bill.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Neither the bill nor the report contains any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined by clause 9 of rule XXI.
Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
CONSOLIDATED APPROPRIATIONS ACT, 2012
(Public Law 112-74)
AN ACT Making appropriations for military construction, the Department
of Veterans Affairs, and related agencies for the fiscal year ending
September 30, 2012, and for other purposes.
* * * * * * *
DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2012
TITLE I
DEPARTMENT OF THE INTERIOR
* * * * * * *
bureau of indian education operated schools
Sec. 115. (a)(1) Notwithstanding any other provision of law
or Federal regulation, including section 586(c) of title 40,
United States Code, the Director of the BIE, or the Director's
designee, is authorized to enter into agreements with public
and private persons and entities that provide for such persons
and entities to rent or lease the land or facilities of a
Bureau-operated school for such periods of time as the school
is Bureau operated, in exchange for a consideration (in the
form of funds) that benefits the school, as determined by the
head of the school.
(2) Funds received under paragraph (1) shall be retained by
the school and used for school purposes otherwise authorized by
law. Any funds received under paragraph (1) are hereby made
available until expended for such purposes, notwithstanding
section 3302 of title 31, United States Code.
(3) Nothing in this section shall be construed to allow for
the diminishment of, or otherwise affect, the appropriation of
funds to the budget accounts for the operation and maintenance
of Bureau-operated schools. No funds shall be withheld from the
distribution to the budget of any Bureau-operated school due to
the receipt by the school of a benefit in accordance with this
section.
(b) Notwithstanding any provision of title 5, United States
Code, or any regulation promulgated under such title, education
personnel who are under the direction and supervision of the
Secretary of the Interior may participate in a fundraising
activity for the benefit of a Bureau-operated school in an
official capacity as part of their official duties. When
participating in such an official capacity, the employee may
use the employee's official title, position, and authority.
Nothing in this subsection shall be construed to authorize
participation in political activity (as such term is used in
section 7324 of title 5, United States Code) otherwise
prohibited by law.
(c) The Secretary of the Interior shall promulgate
regulations to carry out this section not later than 16 months
after the date of the enactment of this Act. Such regulations
shall include--
(1) standards for the appropriate use of Bureau-
operated school lands and facilities by third parties
under a rental or lease agreement;
(2) provisions for the establishment and
administration of mechanisms for the acceptance of
consideration for the use and benefit of a school in
accordance with this section (including, in appropriate
cases, the establishment and administration of trust
funds);
(3) accountability standards to ensure ethical
conduct; and
(4) provisions for monitoring the amount and terms
of consideration received, the manner in which the
consideration is used, and any results achieved by such
use.
(d) Provisions of this section shall apply to fiscal years
2012 through [2017] 2027.
* * * * * * *
bureau of land management actions regarding grazing on public lands
Sec. 122. (a) Exhaustion of Administrative Review
Required.--
(1) For [fiscal years 2012 through 2016] fiscal
year 2012 and each fiscal year thereafter, a person may
bring a civil action challenging a decision of the
Bureau of Land Management concerning grazing on public
lands (as defined in section 103(e) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702(e)))
in a Federal district court only if the person has
exhausted the administrative hearings and appeals
procedures established by the Department of the
Interior, including having filed a timely appeal and a
request for stay.
(2) An issue may be considered in the judicial
review of a decision referred to in paragraph (1) only
if the issue was raised in the administrative review
process described in such paragraph.
(3) An exception to the requirement of exhausting
the administrative review process before seeking
judicial review shall be available if a Federal court
finds that the agency failed or was unable to make
information timely available during the administrative
review process for issues of material fact. For the
purposes of this paragraph, the term ``timely'' means
within 120 calendar days after the date that the
challenge to the agency action or amendment at issue is
received for administrative review.
(b) Acceptance of Donation of Certain Existing Permits or
Leases.--
(1) During fiscal year 2012 and thereafter, the
Secretary of the Interior shall accept the donation of
any valid existing permits or leases authorizing
grazing on public lands within the California Desert
Conservation Area. With respect to each permit or lease
donated under this paragraph, the Secretary shall
terminate the grazing permit or lease, ensure a
permanent end (except as provided in paragraph (2)), to
grazing on the land covered by the permit or lease, and
make the land available for mitigation by allocating
the forage to wildlife use consistent with any
applicable Habitat Conservation Plan, section
10(a)(1)(B) permit, or section 7 consultation under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(2) If the land covered by a permit or lease
donated under paragraph (1) is also covered by another
valid existing permit or lease that is not donated
under such paragraph, the Secretary of the Interior
shall reduce the authorized grazing level on the land
covered by the permit or lease to reflect the donation
of the permit or lease under paragraph (1). To ensure
that there is a permanent reduction in the level of
grazing on the land covered by a permit or lease
donated under paragraph (1), the Secretary shall not
allow grazing use to exceed the authorized level under
the remaining valid existing permit or lease that is
not donated.
* * * * * * *
TITLE IV
GENERAL PROVISIONS
* * * * * * *
contracting authorities
Sec. 412. In awarding a Federal contract with funds made
available by this Act, notwithstanding Federal Government
procurement and contracting laws, the Secretary of Agriculture
and the Secretary of the Interior (the ``Secretaries'') may, in
evaluating bids and proposals, through [fiscal year 2015,]
fiscal year 2017, give consideration to local contractors who
are from, and who provide employment and training for,
dislocated and displaced workers in an economically
disadvantaged rural community, including those historically
timber-dependent areas that have been affected by reduced
timber harvesting on Federal lands and other forest-dependent
rural communities isolated from significant alternative
employment opportunities: Provided, That notwithstanding
Federal Government procurement and contracting laws the
Secretaries may award contracts, grants or cooperative
agreements to local non-profit entities, Youth Conservation
Corps or related partnerships with State, local or non-profit
youth groups, or small or micro-business or disadvantaged
business: Provided further, That the contract, grant, or
cooperative agreement is for forest hazardous fuels reduction,
watershed or water quality monitoring or restoration, wildlife
or fish population monitoring, road decommissioning, trail
maintenance or improvement, or habitat restoration or
management: Provided further, That the terms ``rural
community'' and ``economically disadvantaged'' shall have the
same meanings as in section 2374 of Public Law 101-624 (16
U.S.C. 6612): Provided further, That the Secretaries shall
develop guidance to implement this section: Provided further,
That nothing in this section shall be construed as relieving
the Secretaries of any duty under applicable procurement laws,
except as provided in this section.
* * * * * * *
----------
SECTION 102301 OF TITLE 54, UNITED STATES CODE
Sec. 102301. Volunteers in parks program
(a) Establishment.--The Secretary may recruit, train, and
accept, without regard to chapter 51 and subchapter III of
chapter 53 of title 5 or regulations prescribed under that
chapter or subchapter, the services of individuals without
compensation as volunteers for or in aid of interpretive
functions or other visitor services or activities in and
related to System units and related areas. In accepting those
services, the Secretary shall not permit the use of volunteers
in hazardous duty or law enforcement work or in policymaking
processes, or to displace any employee. The services of
individuals whom the Secretary determines are skilled in
performing hazardous activities may be accepted.
(b) Incidental Expenses.--The Secretary may provide for
incidental expenses of volunteers, such as transportation,
uniforms, lodging, and subsistence.
(c) Federal Employee Status for Volunteers.--
(1) Employment status of volunteers.--Except as
otherwise provided in this section, a volunteer shall
not be deemed a Federal employee and shall not be
subject to the provisions of law relating to Federal
employment, including those relating to hours of work,
rates of compensation, leave, unemployment
compensation, and Federal employee benefits.
(2) Tort claims.--For the purpose of sections
1346(b) and 2401(b) and chapter 171 of title 28, a
volunteer under this chapter shall be deemed a Federal
employee.
(3) Volunteers deemed civil employees.--For the
purposes of subchapter I of chapter 81 of title 5,
volunteers under this chapter shall be deemed civil
employees of the United States within the meaning of
the term ``employee'' as defined in section 8101 of
title 5, and subchapter I of chapter 81 of title 5
shall apply.
(4) Compensation for losses and damages.--For the
purpose of claims relating to damage to, or loss of,
personal property of a volunteer incident to volunteer
service, a volunteer under this chapter shall be deemed
a Federal employee, and section 3721 of title 31 shall
apply.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section not more than
[$3,500,000] $7,000,000 for each fiscal year.
----------
ACT OF OCTOBER 11, 2000
(Public Law 106-291)
AN ACT Making appropriations for the Department of the Interior and
related agencies for the fiscal year ending September 30, 2001, and for
other purposes.
* * * * * * *
TITLE I--DEPARTMENT OF THE INTERIOR
* * * * * * *
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 157. (a) Short Title.--This section may be cited as
the ``Wheeling National Heritage Area Act of 2000''.
(b) Findings and Purposes.--
(1) Findings.--The Congress finds that--
(A) the area in an around Wheeling, West
Virginia, possesses important historical,
cultural, and natural resources, representing
major heritage themes of transportation,
commerce and industry, and Victorian culture in
the United States;
(B) the City of Wheeling has played an
important part in the settlement of this
country by serving as--
(i) the western terminus of the
National Road of the early 1800's;
(ii) the ``Crossroads of America''
throughout the nineteenth century;
(iii) one of the few major inland
ports in the nineteenth century; and
(iv) the site for the establishment
of the Restored State of Virginia, and
later the State of West Virginia,
during the Civil War and as the first
capital of the new State of West
Virginia;
(C) the City of Wheeling has also played an
important role in the industrial and commercial
heritage of the United States, through the
development and maintenance of many industries
crucial to the Nation's expansion, including
iron and steel, textile manufacturing, boat
building, glass manufacturing, and stogie and
chewing tobacco manufacturing facilities, many
of which are industries that continue to play
an important role in the national economy;
(D) the city of Wheeling has retained its
national heritage themes with the designations
of the old custom house (now Independence Hall)
and the historic suspension bridge as National
Historic Landmarks; with five historic
districts; and many individual properties in
the Wheeling area listed or eligible for
nomination to the National Register of Historic
Places;
(E) the heritage themes and number and
diversity of Wheeling's remaining resources
should be appropriately retained, enhanced, and
interpreted for the education, benefit, and
inspiration of the people of the United States;
and
(F) in 1992 a comprehensive plan for the
development and administration of the Wheeling
National Heritage Area was completed for the
National Park Service, the City of Wheeling,
and the Wheeling National Task Force,
including--
(i) an inventory of the national
and cultural resources in the City of
Wheeling;
(ii) criteria for preserving and
interpreting significant natural and
historic resources;
(iii) a strategy for the
conservation, preservation, and reuse
of the historical and cultural
resources in the City of Wheeling and
the surrounding region; and
(iv) an implementation agenda by
which the State of West Virginia and
local governments can coordinate their
resources as well as a complete
description of the management entity
responsible for implementing the
comprehensive plan.
(2) Purposes.--The purposes of this section are--
(A) to recognize the special importance of
the history and development of the Wheeling
area in the cultural heritage of the Nation;
(B) to provide a framework to assist the
City of Wheeling and other public and private
entities and individuals in the appropriate
preservation, enhancement, and interpretation
of significant resources in the Wheeling area
emblematic of Wheeling's contributions to the
Nation's cultural heritage;
(C) to allow for limited Federal, State and
local capital contributions for planning and
infrastructure investments to complete the
Wheeling National Heritage Area, in partnership
with the State of West Virginia, the City of
Wheeling, and other appropriate public and
private entities; and
(D) to provide for an economically self-
sustaining National Heritage Area not dependent
on Federal financial assistance beyond the
initial years necessary to establish the
heritage area.
(c) Definitions.--As used in this section--
(1) the term ``city'' means the City of Wheeling;
(2) the term ``heritage area'' means the Wheeling
National Heritage Area established in subsection (d);
(3) the term ``plan'' means the ``Plan for the
Wheeling National Heritage Area'' dated August, 1992;
(4) the term ``Secretary'' means the Secretary of
the Interior; and
(5) the term ``State'' means the State of West
Virginia.
(d) Wheeling National Heritage Area.--
(1) Establishment.--In furtherance of the purposes
of this section, there is established in the State of
West Virginia the Wheeling National Heritage Area, as
generally depicted on the map entitled ``Boundary Map,
Wheeling National Heritage Area, Wheeling, West
Virginia'' and dated March, 1994. The map shall be on
file and available for public inspection in the
appropriate offices of the National Park Service.
(2) Management entity.--
(A) The management entity for the heritage
area shall be the Wheeling National Heritage
Corporation, a non-profit corporation chartered
in the State of West Virginia.
(B) To the extent consistent with this
section, the management entity shall manage the
heritage area in accordance with the plan.
(e) Duties of the Management Entity.--
(1) Mission.--
(A) The primary mission of the management
entity shall be--
(i) to implement and coordinate the
recommendations contained in the plan;
(ii) ensure integrated operation of
the heritage area; and
(iii) conserve and interpret the
historic and cultural resources of the
heritage area.
(B) The management entity shall also direct
and coordinate the diverse conservation,
development, programming, educational, and
interpretive activities within the heritage
area.
(2) Recognition of plan.--The management entity
shall work with the State of West Virginia and local
governments to ensure that the plan is formally adopted
by the City and recognized by the State.
(3) Implementation.--To the extent practicable, the
management entity shall--
(A) implement the recommendations contained
in the plan in a timely manner pursuant to the
schedule identified in the plan;
(B) coordinate its activities with the
City, the State, and the Secretary;
(C) ensure the conservation and
interpretation of the heritage area's
historical, cultural, and natural resources,
including--
(i) assisting the City and the
State in the preservation of sites,
buildings, and objects within the
heritage area which are listed or
eligible for listing on the National
Register of Historic Places;
(ii) assisting the City, the State,
or a nonprofit organization in the
restoration of any historic building in
the heritage area;
(iii) increasing public awareness
of and appreciation for the natural,
cultural, and historic resources of the
heritage area;
(iv) assisting the State or City in
designing, establishing, and
maintaining appropriate interpretive
facilities and exhibits in the heritage
area;
(v) assisting in the enhancement of
public awareness and appreciation for
the historical, archaeological, and
geologic resources and sites in the
heritage area; and
(vi) encouraging the City and other
local governments to adopt land use
policies consistent with the goals of
the plan, and to take actions to
implement those policies;
(D) encourage intergovernmental cooperation
in the achievement of these objectives;
(E) develop recommendations for design
standards within the heritage area; and
(F) seek to create public-private
partnerships to finance projects and
initiatives within the heritage area.
(4) Authorities.--The management entity may, for
the purposes of implementing the plan, use Federal
funds made available by this section to--
(A) make grants to the State, City, or
other appropriate public or private
organizations, entities, or persons;
(B) enter into cooperative agreements with,
or provide technical assistance to Federal
agencies, the State, City or other appropriate
public or private organizations, entities, or
persons;
(C) hire and compensate such staff as the
management entity deems necessary;
(D) obtain money from any source under any
program or law requiring the recipient of such
money to make a contribution in order to
receive such money;
(E) spend funds on promotion and marketing
consistent with the resources and associated
values of the heritage area in order to promote
increased visitation; and
(F) contract for goods and services.
(5) Acquisition of real property.--
(A) Except as provided in paragraph (B),
the management entity may not acquire any real
property or interest therein within the
heritage area, other than the leasing of
facilities.
(B)(i) Subject to subparagraph (ii), the
management entity may acquire real property, or
an interest therein, within the heritage area
by gift or devise, or by purchase from a
willing seller with money which was donated,
bequeathed, appropriated, or otherwise made
available to the management entity on the
condition that such money be used to purchase
real property, or interest therein, within the
heritage area.
(ii) Any real property or interest
therein acquired by the management
entity pursuant to this paragraph shall
be conveyed in perpetuity by the
management entity to an appropriate
public or private entity, as determined
by the management entity. Any such
conveyance shall be made as soon as
practicable after acquisition, without
consideration, and on the condition
that the real property or interest
therein so conveyed shall be used for
public purposes.
(6) Revision of plan.--Within 18 months after the
date of enactment, the management entity shall submit
to the Secretary a revised plan. Such revision shall
include, but not be limited to--
(A) a review of the implementation agenda
for the heritage area;
(B) projected capital costs; and
(C) plans for partnership initiatives and
expansion of community support.
(f) Duties of the Secretary.--
(1) Interpretive support.--The Secretary may, upon
request of the management entity, provide appropriate
interpretive, planning, educational, staffing,
exhibits, and other material or support for the
heritage area, consistent with the plan and as
appropriate to the resources and associated values of
the heritage area.
(2) Technical assistance.--The Secretary may upon
request of the management entity and consistent with
the plan, provide technical assistance to the
management entity.
(3) Cooperative agreements and Grants.--The
Secretary may, in consultation with the management
entity and consistent with the management plan, make
grants to, and enter into cooperative agreements with
the management entity, the State, City, non-profit
organization or any person.
(3) Plan amendments.--No amendments to the plan may
be made unless approved by the Secretary. The Secretary
shall consult with the management entity in reviewing
any proposed amendments.
(g) Duties of Other Federal Agencies.--Any Federal
department, agency, or other entity conducting or supporting
activities directly affecting the heritage area shall--
(1) consult with the Secretary and the management
entity with respect to such activities.
(2) cooperate with the Secretary and the management
entity in carrying out their duties under this Act, and
to the extent practicable, coordinate such activities
directly with the duties of the Secretary and the
management entity.
(3) to the extent practicable, conduct or support
such activities in a manner which the management entity
determines will not have an adverse effect on the
heritage area.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to carry out this section [$11,000,000]
$13,000,000, except that not more than $1,000,000 may
be appropriated to carry out this section for any
fiscal year.
(2) Matching funds.--Federal funding provided under
this section shall be matched at least 25 percent by
other funds or in-kind services.
(i) Sunset.--The Secretary may not make any grant or
provide any assistance under this section after September 30,
2021.
* * * * * * *
----------
PUBLIC LAW 104-333
AN ACT To provide for the administration of certain Presidio properties
at minimal cost to the Federal taxpayer, and for other purposes.
* * * * * * *
DIVISION II
* * * * * * *
TITLE II--TENNESSEE CIVIL WAR HERITAGE AREA
* * * * * * *
SEC. 208. SUNSET.
The Secretary may not make any grant or provide any
assistance under this title after September 30, [2015] 2017.
* * * * * * *
TITLE III--AUGUSTA CANAL NATIONAL HERITAGE AREA
* * * * * * *
SEC. 310. SUNSET.
The Secretary may not make any grant or provide any
assistance under this title after September 30, [2015] 2017.
* * * * * * *
TITLE IV--STEEL INDUSTRY HERITAGE PROJECT
* * * * * * *
SEC. 409. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated
under this title not more than $1,000,000 for any fiscal year.
Not more than a total of [$15,000,000] $17,000,000 may be
appropriated for the Heritage Area under this title.
(b) 50 Percent Match.--Federal funding provided under this
title, after the designation of this Heritage Area, may not
exceed 50 percent of the total cost of any assistance or grant
provided or authorized under this title.
* * * * * * *
TITLE V--ESSEX NATIONAL HERITAGE AREA
* * * * * * *
SEC. 508. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated
under this title not more than $1,000,000 for any fiscal year.
Not more than a total of [$15,000,000] $17,000,000 may be
appropriated for the Area under this title.
(b) 50 Percent Match.--Federal funding provided under this
title, after the designation of the Area, may not exceed 50
percent of the total cost of any assistance or grant provided
or authorized under this title.
* * * * * * *
TITLE VI--SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR
* * * * * * *
SEC. 607. SUNSET.
The Secretary may not make any grant or provide any
assistance under this title after September 30, [2015] 2017.
* * * * * * *
TITLE VIII--OHIO & ERIE CANAL NATIONAL HERITAGE CORRIDOR
* * * * * * *
SEC. 810. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated
under this title not more than $1,000,000 for any fiscal year.
Not more than a total of [$15,000,000] $17,000,000 may be
appropriated for the corridor under this title.
(b) 50 Percent Match.--Federal funding provided under this
title, after the designation of this corridor, may not exceed
50 percent of the total cost of any assistance or grant
provided or authorized under this title.
* * * * * * *
----------
PUBLIC LAW 113-76
* * * * * * *
DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2014
TITLE I
DEPARTMENT OF THE INTERIOR
* * * * * * *
OFFSHORE PAY AUTHORITY EXTENSION
Sec. 117. For fiscal years 2014 [and 2015] through 2017,
funds made available in this title for the Bureau of Ocean
Energy Management and the Bureau of Safety and Environmental
Enforcement may be used by the Secretary of the Interior to
establish higher minimum rates of basic pay described in
section 121(c) of division E of Public Law 112-74 (125 Stat.
1012).
* * * * * * *
ONSHORE PAY AUTHORITY
Sec. 123. For fiscal years 2014 [and 2015] through 2017,
funds made available in this title for the Bureau of Land
Management and the Bureau of Indian Affairs may be used by the
Secretary of the Interior to establish higher minimum rates of
basic pay for employees of the Department of the Interior
carrying out the inspection and regulation of onshore oil and
gas operations on public lands in the Petroleum Engineer (GS-
0881) and Petroleum Engineering Technician (G-0802) job series
at grades 5 through 14 at rates no greater than 25 percent
above the minimum rates of basic pay normally scheduled, and
such higher rates shall be consistent with subsections (e)
through (h) of section 5305 of title 5, United States Code.
* * * * * * *
----------
SECTION 810 OF THE FEDERAL LANDS RECREATION ENHANCEMENT ACT
* * * * * * *
SEC. 810. SUNSET PROVISION.
The authority of the Secretary to carry out this Act shall
terminate [10 years after the date of the enactment of this
Act] on September 30, 2017.
----------
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2000
* * * * * * *
TITLE VIII
GENERAL PROVISIONS
* * * * * * *
Sec. 8162. Dwight D. Eisenhower Memorial. (a) Findings.--
Congress finds that--
(1) the people of the United States feel a deep
debt of gratitude to Dwight D. Eisenhower, who served
as Supreme Commander of the Allied Forces in Europe in
World War II and subsequently as 34th President of the
United States; and
(2) an appropriate permanent memorial to Dwight D.
Eisenhower should be created to perpetuate his memory
and his contributions to the United States.
(b) Commission.--There is established a commission to be
known as the ``Dwight D. Eisenhower Memorial Commission''
(referred to in this section as the ``Commission'').
(c) Membership.--The Commission shall be composed of--
(1) four persons appointed by the President, not
more than two of whom may be members of the same
political party;
(2) four Members of the Senate appointed by the
President Pro Tempore of the Senate in consultation
with the Majority Leader and Minority Leader of the
Senate, of which not more than two appointees may be
members of the same political party; and
(3) four Members of the House of Representatives
appointed by the Speaker of the House of
Representatives in consultation with the Majority
Leader and Minority Leader of the House of
Representatives, of which not more than two appointees
may be members of the same political party.
(d) Chair and Vice Chair.--The members of the Commission
shall select a Chair and Vice Chair of the Commission. The
Chair and Vice Chair shall not be members of the same political
party.
(e) Vacancies.--Any vacancy in the Commission shall not
affect its powers if a quorum is present, but shall be filled
in the same manner as the original appointment.
(f) Meetings.--
(1) Initial meeting.--Not later than 45 days after
the date on which a majority of the members of the
Commission have been appointed, the Commission shall
hold its first meeting.
(2) Subsequent meetings.--The Commission shall meet
at the call of the Chair.
(g) Quorum.--A majority of the members of the Commission
shall constitute a quorum but a lesser number of members may
hold hearings.
(h) No Compensation.--A member of the Commission shall
serve without compensation, but may be reimbursed for expenses
incurred in carrying out the duties of the Commission.
(i) Duties.--The Commission shall consider and formulate
plans for such a permanent memorial to Dwight D. Eisenhower,
including its nature, design, construction, and location.
(j) Powers of the Commission.--
(1) In general.--
(A) Powers.--The Commission may--
(i) make such expenditures for
services and materials for the purpose
of carrying out this section as the
Commission considers advisable from
funds appropriated or received as gifts
for that purpose;
(ii) solicit and accept
contributions to be used in carrying
out this section or to be used in
connection with the construction or
other expenses of the memorial;
(iii) hold hearings and enter into
contracts;
(iv) enter into contracts for
specialized or professional services as
necessary to carry out this section;
and
(v) take such actions as are
necessary to carry out this section.
(B) Specialized or professional services.--
Services under subparagraph (A)(iv) may be--
(i) obtained without regard to the
provisions of title 5, United States
Code, including section 3109 of that
title; and
(ii) may be paid without regard to
the provisions of title 5, United
States Code, including chapter 51 and
subchapter III of chapter 53 of that
title.
(2) Gifts of property.--The Commission may accept
gifts of real or personal property to be used in
carrying out this section, including to be used in
connection with the construction or other expenses of
the memorial.
(3) Federal cooperation.--At the request of the
Commission, a Federal department or agency may provide
any information or other assistance to the Commission
that the head of the Federal department or agency
determines to be appropriate.
(4) Powers of members and agents.--
(A) In general.--If authorized by the
Commission, any member or agent of the
Commission may take any action that the
Commission is authorized to take under this
section.
(B) Architect.--The Commission may appoint
an architect as an agent of the Commission to--
(i) represent the Commission on
various governmental source selection
and planning boards on the selection of
the firms that will design and
construct the memorial; and
(ii) perform other duties as
designated by the Chairperson of the
Commission.
(C) Treatment.--An authorized member or
agent of the Commission (including an
individual appointed under subparagraph (B))
providing services to the Commission shall be
considered an employee of the Federal
Government in the performance of those services
for the purposes of chapter 171 of title 28,
United States Code, relating to tort claims.
(5) Travel.--Each member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of
agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or
regular places of business in the performance of
services for the Commission.
(k) Reports.--The Commission shall--
(1) report the plans under subsection (i), together
with recommendations, to the President and the Congress
at the earliest practicable date; and
(2) in the interim, make annual reports on its
progress to the President and the Congress.
(l) Applicability of Other Laws.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
(m) Authority to Establish Memorial.--
(1) In general.--The Commission may establish a
permanent memorial to Dwight D. Eisenhower on land
under the jurisdiction of the Secretary of the Interior
in the District of Columbia or its environs.
(2) Compliance with standards for commemorative
works.--The establishment of the memorial shall be in
accordance with the Commemorative Works Act (40 U.S.C.
1001 et seq.).
(3) Expiration.--Any reference in section 8903(e)
of title 40, U.S.C. to the expiration at the end of, or
extension beyond, a 7-year period shall be considered
to be a reference to an expiration on, or extension
beyond, [September 30, 2015] September 30, 2016.
(n) Memorial Fund.--
(1) Establishment.--There is created in the
Treasury a fund for the memorial to Dwight D.
Eisenhower that includes amounts contributed under
subsection (j)(2).
(2) Use of fund.--The fund shall be used for the
expenses of establishing the memorial.
(3) Interest.--The Secretary of the Treasury shall
credit to the fund the interest on obligations held in
the fund.
(o) Staff and Support Services.--
(1) In general.--
(A) Powers.--The Commission may--
(i) make such expenditures for
services and materials for the purpose
of carrying out this section as the
Commission considers advisable from
funds appropriated or received as gifts
for that purpose;
(ii) solicit and accept
contributions to be used in carrying
out this section or to be used in
connection with the construction or
other expenses of the memorial;
(iii) hold hearings and enter into
contracts;
(iv) enter into contracts for
specialized or professional services as
necessary to carry out this section;
and
(v) take such actions as are
necessary to carry out this section.
(B) Specialized or professional services.--
Services under subparagraph (A)(iv) may be--
(i) obtained without regard to the
provisions of title 5, United States
Code, including section 3109 of that
title; and
(ii) may be paid without regard to
the provisions of title 5, United
States Code, including chapter 51 and
subchapter III of chapter 53 of that
title.
(2) Gifts of property.--The Commission may accept
gifts of real or personal property to be used in
carrying out this section, including to be used in
connection with the construction or other expenses of
the memorial.
(3) Federal cooperation.--At the request of the
Commission, a Federal department or agency may provide
any information or other assistance to the Commission
that the head of the Federal department or agency
determines to be appropriate.
(4) Powers of members and agents.--
(A) In general.--If authorized by the
Commission, any member or agent of the
Commission may take any action that the
Commission is authorized to take under this
section.
(B) Architect.--The Commission may appoint
an architect as an agent of the Commission to--
(i) represent the Commission on
various governmental source selection
and planning boards on the selection of
the firms that will design and
construct the memorial; and
(ii) perform other duties as
designated by the Chairperson of the
Commission.
(C) Treatment.--An authorized member or
agent of the Commission (including an
individual appointed under subparagraph (B))
providing services to the Commission shall be
considered an employee of the Federal
Government in the performance of those services
for the purposes of chapter 171 of title 28,
United States Code, relating to tort claims.
(5) Travel.--Each member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of
agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or
regular places of business in the performance of
services for the Commission.
(p) Authorization of Appropriations.--There are authorized
to be appropriated such sums as necessary to carry out this
section.
(q) Appropriation of Funds.--In addition to amounts
provided elsewhere in this Act, there is appropriated to the
Commission $300,000, to remain available until expended.
* * * * * * *
----------
CHESAPEAKE BAY INITIATIVE ACT OF 1998
* * * * * * *
TITLE V--CHESAPEAKE BAY INITIATIVE
* * * * * * *
SEC. 502. CHESAPEAKE BAY GATEWAYS AND WATERTRAILS.
(a) Chesapeake Bay Gateways and Watertrails Network.--
(1) In general.--The Secretary of the Interior
(referredto in this section as the ``Secretary''), in
cooperation with theAdministrator of the Environmental
Protection Agency (referredto in this section as the
``Administrator''), shall provide technicaland
financial assistance, in cooperation with other
Federalagencies, State and local governments, nonprofit
organizations,and the private sector--
(A) to identify, conserve, restore, and
interpret natural,recreational, historical, and
cultural resources within theChesapeake Bay
Watershed;
(B) to identify and utilize the collective
resources asChesapeake Bay Gateways sites for
enhancing public educationof and access to the
Chesapeake Bay;
(C) to link the Chesapeake Bay Gateways
sites withtrails, tour roads, scenic byways,
and other connectionsas determined by the
Secretary;
(D) to develop and establish Chesapeake
BayWatertrails comprising water routes and
connections toChesapeake Bay Gateways sites and
other land resourceswithin the Chesapeake Bay
Watershed; and
(E) to create a network of Chesapeake Bay
Gatewayssites and Chesapeake Bay Watertrails.
(2) Components.--Components of the Chesapeake
BayGateways and Watertrails Network may include--
(A) State or Federal parks or refuges;
(B) historic seaports;
(C) archaeological, cultural, historical,
or recreationalsites; or
(D) other public access and interpretive
sites asselected by the Secretary.
(b) Chesapeake Bay Gateways Grants Assistance Program.--
(1) In general.--The Secretary, in cooperation with
theAdministrator, shall establish a Chesapeake Bay
GatewaysGrants Assistance Program to aid State and
local governments,local communities, nonprofit
organizations, and the private sectorin conserving,
restoring, and interpreting important
historic,cultural, recreational, and natural resources
within the ChesapeakeBay Watershed.
(2) Criteria.--The Secretary, in cooperation with
theAdministrator, shall develop appropriate
eligibility,prioritization, and review criteria for
grants under this section.
(3) Matching funds and administrative expenses.--
Agrant under this section--
(A) shall not exceed 50 percent of eligible
project costs;
(B) shall be made on the condition that
non-Federalsources, including in-kind
contributions of services or inaterials,provide
the remainder of eligible projekt costs; and
(C) shall be made on the condition that not
morethan 10 percent of all eligible project
costs be used foradministrative expenses.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $3,000,000 for
eachof fiscal years 1999 through [2015] 2017.
* * * * * * *
CHANGES IN APPLICATION OF EXISTING LAW
Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of
the House of Representatives, the following statements are
submitted describing the effect of provisions in the
accompanying bill, which directly or indirectly change the
application of existing law. In most instances these provisions
have been included in prior appropriations Acts.
The bill includes the following changes in application of
existing law:
OVERALL BILL
Providing that certain appropriations remain available
until expended or extends the availability of funds beyond the
fiscal year where programs or projects are continuing but for
which legislation does not specifically authorize such extended
availability. This authority tends to result in savings by
preventing the practice of committing funds on low priority
projects at the end of the fiscal year to avoid losing the
funds.
Limiting, in certain instances, the obligation of funds for
particular functions or programs. These limitations include
restrictions on the obligation of funds for administrative
expenses, travel expenses, the use of consultants, and
programmatic areas within the overall jurisdiction of a
particular agency.
Limiting official entertainment or reception and
representation expenses for selected agencies in the bill.
Continuing ongoing activities of those Federal agencies,
which require annual authorization or additional legislation,
which has not been enacted.
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
MANAGEMENT OF LANDS AND RESOURCES
Providing funds to the Bureau for the management of lands
and resources.
Providing funds to the National Fish and Wildlife
Foundation under certain conditions.
Permitting the use of fees for processing applications for
permit to drill.
Permitting the use of mining fee collections for program
operations.
Permitting the use of fees from communication site rentals.
LAND ACQUISITION
Providing that the appropriation shall be derived from the
Land and Water Conservation Fund.
OREGON AND CALIFORNIA GRANT LANDS
Providing funds for the Oregon and California Grant Lands.
Authorizing the transfer of certain collections from the
Oregon and California Land Grants Fund to the Treasury.
RANGE IMPROVEMENTS
Allowing certain funds to be transferred to the Department
of the Interior for range improvements.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
Allowing the use of certain collected funds for certain
administrative costs and operation of termination of certain
facilities.
Allowing the use of funds on any damaged public lands.
Authorizing the Secretary to use monies from forfeitures,
compromises or settlements for improvement, protection and
rehabilitation of public lands under certain conditions.
MISCELLANEOUS TRUST FUNDS
Allowing certain contributed funds to be advanced for
administrative costs and other activities of the Bureau.
ADMINISTRATIVE PROVISIONS
Permitting the Bureau to enter into agreements with public
and private entities, including States.
Permitting the Bureau to manage improvements to which the
United States has title.
Permitting the payment of rewards for information on
violations of law on Bureau lands.
Providing for cost-sharing arrangements for printing
services.
Permitting the Bureau to conduct certain projects for State
governments on a reimbursable basis.
Prohibiting the use of funds for the destruction of wild
horses and burros.
United States Fish and Wildlife Service
RESOURCE MANAGEMENT
Limiting funds for certain Endangered Species Act programs.
LAND ACQUISITION
Providing that the appropriation shall be derived from the
Land and Water Conservation Fund.
Providing that funding for projects may not be used for
administrative costs.
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
Providing that the appropriation shall be derived from the
Land and Water Conservation Fund.
STATE AND TRIBAL WILDLIFE GRANTS
Providing for a State and Tribal wildlife grants program.
ADMINISTRATIVE PROVISIONS
Providing that programs may be carried out by direct
expenditure, contracts, grants, cooperative agreements and
reimbursable agreements with public and private entities.
Providing for repair of damage to public roads.
Providing options for the purchase of land not to exceed
$1.
Permitting cost-shared arrangements for printing services.
Permitting the acceptance of donated aircraft.
Providing that fees collected for non-toxic shot review and
approval shall be available without further appropriation for
the expenses of non-toxic shot review related expenses.
National Park Service
OPERATION OF THE NATIONAL PARK SYSTEM
Designating funds for Everglades restoration.
Providing for repair, rehabilitation and maintenance of
National Park Service assets.
NATIONAL RECREATION AND PRESERVATION
Providing for expenses not otherwise provided for.
HISTORIC PRESERVATION
Providing for expenses derived from the Historic
Preservation Fund.
CONSTRUCTION
Providing funds for construction, improvements, repair or
replacement of physical facilities including modified water
deliveries to Everglades National Park with certain
restrictions.
Providing that a single procurement may be issued for any
project funded in fiscal year 2015 with a future phase
indicated in the National Park Service 5-year Line Item
Construction Plan.
LAND AND WATER CONSERVATION FUND
Rescinding Land and Water Conservation Fund contract
authority.
LAND ACQUISITION AND STATE ASSISTANCE
Providing that the appropriation shall be derived from the
Land and Water Conservation Fund.
CENTENNIAL CHALLENGE
Providing funds for Centennial Challenge projects with no
less than 50 percent of the cost of each project derived from
non-Federal sources.
ADMINISTRATIVE PROVISIONS
Allowing certain franchise fees to be available for
expenditure without further appropriation to extinguish or
reduce liability for certain possessory interests.
Providing for the retention of administrative costs under
certain Land and Water Conservation Fund programs.
Allowing National Park Service funds to be transferred to
the Federal Highway Administration for purposes authorized
under 23 U.S.C. 204 for reasonable administrative support
costs.
United States Geological Survey
SURVEYS, INVESTIGATIONS, AND RESEARCH
Providing funds to classify lands as to their mineral and
water resources.
Providing funds to give engineering supervision to power
permittees and Federal Energy Regulatory Commission licensees.
Limiting funds for the conduct of new surveys on private
property without permission.
Limiting funds for cooperative topographic mapping or water
resource data collection and investigations.
ADMINISTRATIVE PROVISIONS
Allowing funds to be used for certain contracting,
technical services, construction, maintenance, acquisition, and
representation expenses.
Permitting the use of certain contracts, grants, and
cooperative agreements.
Recognizing students and recent graduates as Federal
employees for the purposes of travel and work injury
compensation.
Bureau of Ocean Energy Management
Permitting funds for mineral leasing and environmental
study; enforcing laws and contracts; and for matching grants.
Providing that funds may be used which shall be derived
from non-refundable cost recovery fees collected in 2014.
Permitting the use of certain excess receipts from Outer
Continental Shelf leasing activities.
Providing for reasonable expenses related to volunteer
beach and marine cleanup activities.
Prohibiting the use of funds for regulating non-lease
holders.
Bureau of Safety and Environmental Enforcement
Permitting funds for mineral leasing and environmental
study; enforcing laws and contracts; and for matching grants.
Providing that funds may be used which shall be derived
from non-refundable cost recovery fees collected in 2014.
Permitting the use of certain excess receipts from Outer
Continental Shelf leasing activities.
Permitting the use of funds derived from non-refundable
inspection fees collecting in 2014.
Requiring that not less than 50 percent of inspection fees
expended be used on personnel, expanding capacity and reviewing
applications for permit to drill.
OIL SPILL RESEARCH
Providing that funds shall be derived from the Oil Spill
Liability Trust Fund.
Office of Surface Mining Reclamation and Enforcement
REGULATION AND TECHNOLOGY
Permitting payment to State and tribal personnel for travel
and per diem expenses for training.
Permitting the use of certain offsetting collections from
permit fees.
ABANDONED MINE RECLAMATION FUND
Allowing the use of debt recovery to pay for debt
collection.
Allowing that certain funds made available under title IV
of Public Law 95-87 may be used for any required non-Federal
share of the cost of certain projects.
Allowing funds to be used for travel expenses of State and
tribal personnel while attending certain OSM training.
Bureau of Indian Affairs and Bureau of Indian Education
OPERATION OF INDIAN PROGRAMS
Limiting funds for official reception and representation
expenses.
Limiting funds for welfare assistance payments, except for
disaster relief.
Allowing tribal priority allocation funds to be used for
unmet welfare assistance costs.
Providing forward-funding for school operations of Bureau-
funded schools and other education programs.
Providing that limited funds shall be available until
expended for certain purposes.
Allowing the transfer of certain forestry funds.
Allowing the use of funds to purchase uniforms or other
identifying articles of clothing for personnel.
CONSTRUCTION
Providing for the transfer of Navajo irrigation project
funds to the Bureau of Reclamation.
Providing that six percent of Federal Highway Trust Fund
contract authority may be used for construction management
costs.
Providing Safety of Dams funds on a non-reimbursable basis.
Requiring the use of administrative and cost accounting
principles for certain school construction projects and
exempting such projects from certain requirements.
Requiring conformance with building codes and health and
safety standards.
Specifying the procedure for dispute resolution.
Limiting the control of construction projects when certain
time frames have not been met.
Allowing reimbursement of construction costs from the
Office of Special Trustee.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
Limiting funds for administrative expenses and for
subsidizing total loan principal.
ADMINISTRATIVE PROVISIONS
Allowing the use of funds for direct expenditure,
contracts, cooperative agreements, compacts, and grants.
Allowing contracting for the San Carlos Irrigation Project.
Limiting the use of funds for certain contracts, grants and
cooperative agreements.
Allowing Tribes to return appropriated funds.
Prohibiting funding of Alaska schools.
Limiting the number of schools and the expansion of grade
levels in individual schools.
Specifying distribution of indirect and administrative
costs for certain Tribes.
Prohibiting the implementation of a new tribal recognition
rule.
Departmental Offices
OFFICE OF THE SECRETARY, SALARIES AND EXPENSES
Allowing the use of certain funds for official reception
and representation expenses.
Permitting payments to former Bureau of Mines workers.
Designating funds for mineral revenue management
activities.
Designating funds for consolidated appraisal services to be
derived from the Land and Water Conservation Fund.
Designating funds for mineral revenue management
activities.
Allowing certain refunds of overpayments in connection with
certain Indian leases.
ADMINISTRATIVE PROVISIONS
Allowing certain payments authorized for the Payments in
Lieu of Taxes Program to be retained for administrative
expenses.
Providing that no Payments in Lieu of Taxes Program payment
be made to otherwise eligible units of local government if the
computed amount of the payment is less than $100.
Providing that a payment made to a unit of general local
government for fiscal year 2016 may be reduced by the Secretary
to correct overpayments, and increased by the Secretary to
correct underpayments, to such unit of local government for the
previous fiscal year.
Extending funding for Payment in Lieu of Taxes.
Insular Affairs
ASSISTANCE TO TERRITORIES
Designating funds for various programs and for salaries and
expenses of the Office of Insular Affairs.
Allowing audits of the financial transactions of the
Territorial and Insular governments by the GAO.
Providing grant funding under certain terms of the
Agreement of the Special Representatives on Future United
States Financial Assistance for the Northern Mariana Islands.
Providing for capital infrastructure in various
Territories.
Allowing appropriations for disaster assistance to be used
as non-Federal matching funds for hazard mitigation grants.
COMPACT OF FREE ASSOCIATION
Providing grants to Palau, the Marshall Islands, and
Micronesia.
ADMINISTRATIVE PROVISIONS, INSULAR AFFAIRS
Allowing, at the request of the Governor of Guam, for
certain discretionary or mandatory funds to be used to assist
securing certain rural electrification loans through the U.S.
Department of Agriculture.
Office of Special Trustee for American Indians
FEDERAL TRUST PROGRAMS
Limiting the amount of funding available for the historical
accounting of Indian trust fund accounts.
Allowing transfers to other Department of the Interior
accounts.
Providing no-year funding for certain Indian Self-
Determination Act grants.
Exempting quarterly statements for Indian trust accounts
$15 or less.
Requiring annual statements and records maintenance for
Indian trust accounts.
Limiting use of funds to correct administrative errors in
Indian trust accounts.
Permitting the use of recoveries from erroneous payments
pursuant to Indian trust accounts.
DEPARTMENT-WIDE PROGRAMS
Wildland Fire Management
Providing funds for wildland fire management.
Designating funds for renovation or construction of fire
facilities and designating funds for Wildfire suppression
operations.
Permitting the repayments of funds transferred from other
accounts for firefighting.
Designating funds for hazardous fuels and burned area
rehabilitation.
Permitting the use of funds for lodging and subsistence of
firefighters.
Permitting the use of grants, contracts and cooperative
agreements for hazardous fuels reduction, including cost-
sharing and local assistance.
Permitting cost-sharing of cooperative agreements with non-
Federal entities under certain circumstances.
Providing for local competition for hazardous fuel
reduction activities.
Permitting reimbursement to the U.S. Fish and Wildlife
Service and the National Marine Fisheries Service for
consultation activities under the Endangered Species Act.
Providing certain terms for leases of real property with
local governments.
Providing for the transfer of funds between the Department
of the Interior and the Department of Agriculture for wildland
fire management.
Providing funds for support of Federal emergency response
actions.
Allowing for international forestry assistance to or
through the Department of State.
FLAME Wildfire Suppression Reserve Fund
Providing funds for the FLAME fund.
Central Hazardous Materials Fund
Providing funds for response action, including associated
activities, performed pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act.
Working Capital Fund
Allowing funds for the financial and business management
system and information technology improvement.
Prohibiting use of funds to establish reserves in the
working capital fund with exceptions.
Allowing assessments for reasonable charges for training
services at the National Indian Program Center and use of these
funds under certain conditions.
Providing space and related facilities or the lease of
related facilities, equipment or professional services of the
National Indian Program Training Center to state, local and
Tribal employees or other persons for cultural, educational or
recreational activities.
Providing 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
Allowing acquisition of certain aircraft.
Allowing the sale of existing aircraft with proceeds used
to offset the purchase price of replacement aircraft.
General Provisions, Department of the Interior
Allowing transfer of funds for certain reconstruction of
facilities, aircraft or utilities in emergency situations.
Allowing transfer of funds in certain emergency situations,
including wildfires and oil spill response, if other funds
provided in other accounts will be exhausted within 30 days and
a supplemental appropriation is requested as promptly as
possible.
Permitting the Department to use limited funding for
certain services.
Permitting the transfer of funds between the Bureau of
Indian Affairs and the Office of Special Trustee for American
Indians and limiting amounts for historical accounting
activities.
Authorizing the redistribution of Tribal Priority
Allocation funds to address unmet needs.
Authorizing the acquisition of lands and leases for Ellis,
Governors and Liberty Islands.
Providing the authority for the Secretary to collect
nonrefundable inspection fees.
Permitting the reorganization of the Bureau of Ocean Energy
Management, Enforcement and Regulation.
Permitting the Secretary of the Interior to enter into
long-term agreements for wild horse and burro holding
facilities.
Requiring the U.S. Fish and Wildlife Service to mark
hatchery salmon.
Addressing BLM actions regarding grazing on public lands.
Prohibiting the use of funds to implement, administer or
enforce Secretarial Order 3310.
Providing the Secretary of the Interior statutory authority
to enter into rental or lease agreements that benefit Bureau of
Indian Education operated schools.
Authorizing funds for the Volunteers in Parks program.
Authorizing Indian Affairs to record obligations against
accounts receivable, provided that total obligations do not
exceed total budgetary resources.
Providing authorities for heritage areas.
Limiting funds for a proposed rule for sage-grouse pursuant
to the Endangered Species Act.
Extending authority to pay certain offshore petroleum-
related personnel at a higher rate.
Extending authority to pay certain onshore petroleum-
related personnel at a higher rate.
Maintaining the status quo on regulations relating to the
legal domestic trade and transport of products containing
ivory.
Requiring the reissuance of certain final rules and
prohibiting such rules from further judicial review.
Requiring that an interim rule pursuant to section 4(d) of
the Endangered Species Act be amended.
Modifying Section 14.21(a)(1) of title 50, Code of Federal
Regulations, to include echinoderms commonly known as sea
urchins and sea cucumbers.
TITLE II--ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
Providing for operating expenses in support of research and
development.
Designating funding for National Priorities research as
specified in the explanatory statement to this Act.
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
Allowing hire and maintenance of passenger motor vehicles
and operation of aircraft and purchase of reprints and 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.
Limiting amounts for official representation and reception
expenses.
Providing two-year funding availability for administrative
costs of Brownfields program.
Designating funding for National Priorities as specified in
the explanatory statement to this Act.
HAZARDOUS SUBSTANCE SUPERFUND
Allowing distribution of funds to purchase services from
other agencies under certain circumstances.
Providing for the transfer of funds within certain agency
accounts.
LEAKING UNDERGROUND STORAGE TANK PROGRAM
Providing for grants to Federally-recognized Indian Tribes.
STATE AND TRIBAL ASSISTANCE GRANTS
Limiting funding amounts for certain programs.
Specifying funding for capitalization grants for the Clean
Water and Drinking Water State Revolving Funds and allowing
certain amounts for additional subsidies.
Designating funds for specific sections of law.
Providing certain grants under authority of Section 103,
Clean Air Act.
Providing waivers for certain uses of Clean Water and
Drinking Water State Revolving Funds for State administrative
costs for grants to federally-recognized Indian Tribes and
grants to specific Territories and Freely Associated States.
Requiring that 10 percent Clean Water and 20 percent of
Drinking Water funds shall be used by States for forgiveness of
principal or negative interest loans.
Prohibiting the use of funds for jurisdictions that permit
development or construction of additional colonia areas.
Providing funding for environmental information exchange
network initiatives grants, statistical surveys of water
resources and enhancements to State monitoring programs, tribal
grants, and underground storage tank projects.
ADMINISTRATIVE PROVISIONS
Allowing awards of grants to federally-recognized Indian
Tribes.
Authorizing the collection and obligation of pesticide
registration service fees.
Allowing the transfer of funds from the ``Environmental
Programs and Management'' account to support the Great Lakes
Restoration Initiative and providing for certain interagency
agreements and grants to various entities in support of this
effort.
Providing amounts for construction, alteration, repair,
rehabilitation, and renovation of facilities.
Rescinding unobligated grants.
Providing for grants to federally recognized Tribes.
TITLE III--RELATED AGENCIES
Forest Service
FOREST AND RANGELAND RESEARCH
Providing funds for forest and rangeland research.
Designating funds for the forest inventory and analysis
program.
STATE AND PRIVATE FORESTRY
Providing for forest health management, including
treatments of certain pests or invasive plants, and for
restoring damaged forests, and for cooperative forestry,
education and land conservation activities, and conducting an
international program.
Providing that the appropriation for the Forest Legacy
program shall be derived from the Land and Water Conservation
Fund.
NATIONAL FOREST SYSTEM
Providing funds for the National Forest System.
Depositing funds in the Collaborative Forest Landscape
Restoration Fund.
Designating funds for forest products.
Designating funds in the Integrated Resource Restoration
pilot program.
CAPITAL IMPROVEMENT AND MAINTENANCE
Providing funds for construction, reconstruction, and
maintenance and acquisition of buildings and other facilities
and infrastructure; and for construction, capital improvement,
decommissioning, and maintenance of forest roads and trails.
Requiring that funds becoming available in fiscal year 2016
for the road and trails fund (16 U.S.C. 501) shall be
transferred to the Treasury.
Providing for the transfer of funds to the National Forest
System for the Integrated Resource Restoration pilot program.
LAND ACQUISITION
Providing that the appropriation shall be derived from the
Land and Water Conservation Fund.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
Requiring that funding for the program is derived from
forest receipts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
Requiring that funding for the program is derived from
funds deposited by State, county, or municipal governments and
non-Federal parties pursuant to Land Sale and Exchange Acts.
RANGE BETTERMENT FUND
Providing that fifty percent of monies received for grazing
fees shall be used for range improvements and limiting
administrative expenses to six percent.
GIFTS, DONATIONS AND BEQUESTS
Providing for gifts, donations and bequest per Federal law.
MANAGEMENT OF NATIONAL FORESTS FOR SUBSISTENCE USES
Providing funds for subsistence uses per the Alaska
National Interest Lands Conservation Act.
Wildland Fire Management
Permitting the use of funds for emergency rehabilitation
and restoration and hazardous fuels reduction to support
emergency response and wildfire suppression.
Allowing the use of wildland fire funds to repay advances
from other accounts.
Allowing reimbursement of States for certain wildfire
emergency activities.
Designating funds for the Joint Fire Sciences Program and
extending authorities for Fire Science Research.
Allowing funds to be available for emergency
rehabilitation, hazardous fuels reduction and emergency
response.
Designating funds for suppression, hazardous fuels
reduction and national fire plan research.
Designating funds for State fire assistance and volunteer
fire assistance Federal and State and private lands.
Providing for cooperative agreements and grants.
Allowing funds available for Community Forest Restoration
Act to be used on non-Federal land.
Limiting the transfer of wildland fire management funds
between the Department of the Interior and the Department of
Agriculture.
Designating the use of hazardous fuels reduction funds for
biomass grants.
Providing that funds transferred from the FLAME Wildfire
Suppression Reserve Fund shall be assessed for cost pools.
Permitting the transfer of funds for the Integrated
Resources Restoration pilot.
FLAME Wildfire Suppression Reserve Fund
Providing funds for the FLAME fund and authorizing
transfers under certain conditions.
ADMINISTRATIVE PROVISIONS
Permitting the purchase of passenger motor vehicles and
proceeds from the sale of aircraft may be used to purchase
replacement aircraft.
Allowing funds for certain employment contracts.
Allowing funds to be used for purchase and alteration of
buildings.
Allowing for acquisition of certain lands and interests.
Allowing expenses for certain volunteer activities.
Providing for the cost of uniforms.
Providing for debt collections on certain contracts.
Allowing transfer of funds in certain emergency situations
if all other funds provided for wildfire suppression will be
obligated within 30 days and the Secretary notifies the
Committees.
Allowing funds to be used through the Agency for
International Development for work in foreign countries and to
support other forestry activities outside of the United States.
Allowing the Forest Service, acting for the International
Program, to sign certain funding agreements with foreign
governments and institutions as well as with certain domestic
agencies.
Authorizing the expenditure or transfer of funds for wild
horse and burro activities.
Prohibiting the transfer of funds under the Department of
Agriculture transfer authority under certain conditions.
Limiting the transfer of funds for the Working Capital Fund
and Department Reimbursable Program (also known as Greenbook
charges).
Limiting funds to support the Youth Conservation Corps and
Public Lands Corps.
Limiting the use of funds for official reception and
representation expenses.
Providing for matching funds for the National Forest
Foundation.
Providing for matching funds for the National Fish and
Wildlife Foundation.
Allowing funds to be used for technical assistance for
certain rural communities.
Allowing funds for payments to counties in the Columbia
River Gorge National Scenic Area.
Allowing funds to be used for the Older Americans Act.
Permitting funding assessments for facilities maintenance,
rent, utilities, and other support services.
Limiting funds to reimburse the Office of General Counsel
at the Department of Agriculture.
Permitting eligible employees to be considered a Federal
Employee.
Indian Health Service
INDIAN HEALTH SERVICES
Providing that tribal contract and grant funding is deemed
obligated at the time of grant or contract award and remains
available until expended.
Providing no-year funds for contract medical care including
the Indian Catastrophic Health Emergency Fund.
Providing for loan repayment under sections 104 and 108 of
the Indian Health Care Improvement Act with certain conditions
and making the funds available for certain other purposes.
Providing that certain contracts and grants may be
performed in two fiscal years.
Providing for use of collections and reporting of
collections under Title IV of the Indian Health Care
Improvement Act.
Providing no-year funding for scholarship funds.
Providing for the collection of individually identifiable
health information relating to the Americans with Disabilities
Act by the Bureau of Indian Affairs.
Permitting the use of Indian Health Care Improvement Fund
monies for facilities improvement and providing no-year funding
availability.
Providing that certain funds are made available until
expended.
Indian Health Facilities
Providing that facilities funds may be used to purchase
land, modular buildings and trailers.
Providing for TRANSAM equipment to be purchased from the
Department of Defense.
Prohibiting the use of funds for sanitation facilities for
new homes funded by the Department of Housing and Urban
Development.
Allowing for the purchase of ambulances.
Providing for a demolition fund.
ADMINISTRATIVE PROVISIONS
Providing for per diem expenses for senior level positions.
Providing for payments for telephone service in private
residences in the field, purchase of motor vehicles, aircraft
and reprints.
Providing for purchase and erection of modular buildings.
Providing funds for uniforms.
Allowing funding to be used for attendance at professional
meetings.
Providing that health care may be extended to non-Indians
at Indian Health Service facilities, subject to charges, and
for the expenditure of collected funds.
Providing for transfers of funds from the Department of
Housing and Urban Development to the Indian Health Service.
Prohibiting limitations on certain Federal travel and
transportation expenses.
Allowing de-obligation and re-obligation of funds applied
to self-governance funding agreements.
Prohibiting the expenditure of funds to implement new
eligibility regulations.
Permitting certain reimbursements for goods and services
provided to Tribes.
Providing that reimbursements for training, technical
assistance, or services include total costs.
Providing that a strategic plan be developed for the Urban
Indian Health Program in consultation with the National Academy
of Public Administration.
Agency for Toxic Substances and Disease Registry Toxic Substances and
Environmental Public Health
Providing for the conduct of health studies, testing, and
monitoring.
Providing deadlines for health assessments and studies.
Limiting the number of toxicological profiles.
Executive Office of the President
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY
Limiting the use of funds for official reception and
representation expenses.
Designating the appointment and duties of the chairman.
Office of Navajo and Hopi Indian Relocation
Providing for the transfer of funds to the Department of
the Interior Office of Inspector General.
Chemical Safety and Hazard Investigation Board
Permitting use of funds for hire of passenger vehicles,
uniforms or allowances, and limiting the use of funds for per
diem expenses and the number of senior level positions.
Smithsonian Institution
SALARIES AND EXPENSES
Limiting certain lease terms.
Providing for purchase of passenger vehicles and certain
rental, repair and cleaning of uniforms.
Designating funds for certain programs including the
National Museum of African American History and Culture and
providing no-year funds.
Providing that funds may be used to support American
overseas research centers.
Allowing for advance payments to independent contractors
performing research services or participating in official
Smithsonian presentations.
Facilities Capital
Designating funds for maintenance, repair, rehabilitation,
and construction and for consultant services.
National Gallery of Art
SALARIES AND EXPENSES
Allowing payment in advance for membership in library,
museum, and art associations or societies.
Allowing for purchase, repair, and cleaning of uniforms for
guards and employees and allowances therefor.
Allowing purchase or rental of devices for protecting
buildings and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and grounds.
Providing for restoration and repair of works of art by
contract under certain circumstances.
Providing no-year funds for special exhibitions.
Repair, Restoration, and Renovation of Buildings
Providing lease agreements of no more than 10 years
addressing space needs created by renovations under the Master
Facilities Plan.
Permitting the Gallery to perform work by contract under
certain circumstances.
John F. Kennedy Center for the Performing Arts
OPERATIONS AND MAINTENANCE
Providing funds to the John F. Kennedy Center for the
Performing Arts Kennedy Center for operational and maintenance
costs.
Capital Repair and Restoration
Providing funds to the John F. Kennedy Center for the
Performing Arts Kennedy Center for facility repair.
National Endowment for the Arts
GRANTS AND ADMINISTRATION
Providing funds for the support of projects and productions
in the arts, including arts education and public outreach
activities.
National Endowment for the Humanities
GRANTS AND ADMINISTRATION
Specifying funds to carry out the matching grants program.
Allowing obligation of National Endowment for the
Humanities current and prior year funds from gifts, bequests,
and devises of money for which equal amounts have not
previously been appropriated.
Administrative Provisions, National Foundation on the Arts
and the Humanities Prohibiting the use of funds for grants and
contracts which do not include the text of 18 U.S.C. 1913.
Prohibiting the use of appropriated funds and permitting
the use of non-appropriated funds for reception expenses.
Allowing the chairperson of the National Endowment for the
Arts to approve small grants under certain circumstances.
Commission of Fine Arts
SALARIES AND EXPENSES
Permitting the charging and use of fees for its
publications and accepting gifts related to the history of the
Nation's Capital.
National Capital Arts and Cultural Affairs
Providing funding for the National Capital Arts and
Cultural Affairs.
National Capital Planning Commission
Providing funding for the National Capital Planning
Commission.
Providing that one-quarter of one percent may be used for
official reception and representational expenses.
United States Holocaust Memorial Museum
Designating funds for equipment replacement.
Designating funds for repair, rehabilitation and for
exhibition design and production and providing no year
availability for these funds.
TITLE IV--GENERAL PROVISIONS
Prohibiting the use of funds to promote or oppose
legislative proposals on which Congressional action is
incomplete.
Providing for annual appropriations unless expressly
provided otherwise in this Act.
Providing for reprogramming procedures, disclosure of
administrative expenses, assessments and requirements for
operating plans.
Continuing a limitation on accepting and processing
applications for patents and on the patenting of Federal lands;
permitting processing of grandfathered applications; and
permitting third-party contractors to process grandfathered
applications.
Limiting the use of funds for contract support costs on
Indian contracts.
Allowing the extension of forest plans and prohibiting
funds for the revised Chapter 70 of the Forest Service Handbook
related to wilderness per the Forest and Rangeland Renewable
Resources Planning Act.
Limiting leasing and preleasing activities within National
Monuments.
Limiting takings for acquisition of lands except under
certain conditions.
Modifying a provision addressing timber sales involving
Alaskan Red Cedar.
Prohibiting funds to enter into certain no-bid contracts
except under certain conditions.
Requiring reports to Congress to be posted on public agency
websites.
Continuing a provision that delineates grant guidelines for
the National Endowment for the Arts.
Continuing a provision that delineates program priorities
for the programs managed by the National Endowment for the
Arts.
Requiring that the Department of the Interior, the EPA, the
Forest Service, and the Indian Health Service provide the
Committees on Appropriations a quarterly report on the status
of balances of appropriations.
Requiring a government-wide report regarding expenditures
on climate change.
Continuing a provision prohibiting the use of funds to
promulgate or implement any regulation requiring the issuance
of permits under title V of the Clean Air Act for carbon
dioxide, nitrous oxide, water vapor, or methane emissions.
Continuing a provision prohibiting the use of funds to
implement any provision in a rule if that provision requires
mandatory reporting of greenhouse gas emissions from manure
management systems.
Providing a one-year extension of the Federal Lands
Recreation Enhancement Act.
Modifying authorities relating to the Dwight D. Eisenhower
Memorial Commission.
Prohibiting the use of funds to regulate the lead content
of ammunition or fishing tackle.
Prohibiting the use of funds to develop, adopt, implement,
administer, or enforce a change or supplement to a rule or
guidance documents pertaining to the definition of waters under
the Federal Water Pollution Control Act.
Prohibiting the use of funds to develop, carry out,
implement, or enforce proposed regulations published on June
18, 2010.
Prohibiting the use of funds to limit recreational shooting
and hunting on Federal and public lands except for public
safety.
Prohibiting the use of funds to implement the National
Ocean Policy under Executive Order 13547.
Prohibiting EPA from using funds to implement, administer,
or enforce the lead renovation rule until EPA has approved a
commercially available lead test kit.
Prohibiting EPA from using funds to develop, propose,
finalize, implement, enforce, or administer any regulation that
would establish new financial responsibility requirements under
CERCLA.
Prohibiting the use of funds to develop, issue, implement,
or enforce any greenhouse gas New Source Performance Standards
on any new or existing source that is an electric utility
generating unit.
Prohibiting the use of funds from making any change to the
regulations in effect on October 1, 2012, pertaining to the
definitions of the terms ``fill material'' or ``discharge of
fill material''.
Continuing a provision through fiscal year 2017 authorizing
the Secretary of the Interior and the Secretary of Agriculture
to consider local contractors when awarding contracts for
certain activities on public lands.
Extending the authority for the Chesapeake Bay Initiative.
Extending the maximum authorized term for grazing permits
and leases.
Making available vacant grazing allotments for permittees
impacted by drought or wildfire.
Clarifying the protection of water rights with regard to
Forest Service and Bureau of Land Management permits.
Limiting the use of funds for status changes of certain
chemicals.
Applying requirements for the use of American iron and
steel for certain loans and grants.
Prohibiting the use of funds pertaining to certain updates
to the social cost of carbon.
Prohibiting the use of funds to revise primary and
secondary standards for ozone until at least 85 percent of
counties in nonattainment achieve compliance with previous
standards.
Prohibiting the use of funds for certain activities related
to the final rule on hydraulic fracturing on Federal and Indian
Lands.
Establishing a Spending Reduction Account in the bill.
Appropriations Not Authorized by Law
Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules of
the House of Representatives, the following table lists the
appropriations in the accompanying bill which are not
authorized by law:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
COMPARISON WITH BUDGET RESOLUTION
Section 308(a)(1)(A) of the Congressional Budget and
Impoundment Control Act of 1974 (Public Law 93-344), as
amended, requires that the report accompanying a bill providing
new budget authority contain a statement detailing how the
authority compares with the reports submitted under section 302
of the Act for the most recently agreed to concurrent
resolution on the budget for the fiscal year. This information
follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
FIVE-YEAR OUTLAY PROJECTIONS
In compliance with section 308(a)(1)(B) of the
Congressional Budget Act of 1974 (Public Law 93-344), as
amended, the following table contains five-year projections
associated with the budget authority provided in the
accompanying bill:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
ASSISTANCE TO STATE AND LOCAL GOVERNMENTS
In accordance with section 308(a)(1)(C) of the
Congressional Budget Act of 1974 (Public Law 93-344), as
amended, the financial assistance to State and local
governments is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
PROGRAM DUPLICATION
No provision of this bill establishes or reauthorizes a
program of the Federal government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
DIRECTED RULE MAKING
Pursuant to section 3(1) of H. Res. 5 (114th Congress), the
Committee estimates that the bill directs three rule makings in
section 121 and section 122.
TABLE OF FUNDING RECOMMENDATIONS
The following table provides the amounts recommended by the
Committee compared with the budget estimates by account.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
MINORITY VIEWS
The FY 2016 Interior, Environment, and Related Agencies
appropriations bill falls far short of what is needed to
advance the preservation of America's natural and cultural
heritage and to protect the environment and public health. It
is the latest in a series of measures that drastically short-
changes job-creating investments and vital environmental
protections while carrying a laundry list of special interest
policy riders and funding limitations that threaten the
environment and public health and safety. As a result, we
cannot support the bill in its current form.
We appreciate that even as Chairman Calvert grappled with
an inadequate subcommittee allocation, he carried out his work
in a sincere and collaborative manner. The chairman is to be
commended for his diligence in chairing 14 budget hearings
where we received the testimony of nearly 150 witnesses.
The subcommittee's 302(b) allocation for FY 2016 is $246
million below the FY 2015 enacted level. When added to the cuts
of the past five years, the bill is more than $2 billion below
the FY 2010 enacted level. Moreover, when adjusted for
inflation, this bill provides less than the appropriated levels
in FY 2005. The majority's refusal to adopt a sufficient
overall budget allocation for discretionary investments has led
to a bill that severely underfunds far too many priorities.
The current budget caps have put a stranglehold on the
appropriations process that is dangerously eroding the
committee's ability to meet its responsibilities to the
American people. The President proposed to end sequestration
through a more reasonable and realistic budget, but the
majority has yet to engage in finding a workable solution.
As a result of the majority's budget decisions, nearly all
the agencies and programs funded under this bill are either
flat-funded or receive cuts. This is despite the fact that
environmental challenges continue to grow and threats from
invasive species, drought, wildland fire, and climate change
become more complex and more expensive.
These funding decisions will harm the environment,
undermine efforts to conserve our natural and cultural
heritage, and limit our ability to meet our bipartisan
commitment to improve the social and economic well-being of
Native Americans.
This year we received compelling testimony on the unmet
needs in Indian Country, especially in the areas of education
and health. Yet, the bill's inadequate budget allocation means
that many Native American programs would receive far less
funding than the President requested.
2016 marks the Centennial of the National Park Service
(NPS). However, even with park visitation at a record high,
this bill fails to adequately invest in the National Park
System and severely underfunds programs to enhance national
parks as part of the NPS Centennial and preserve and interpret
America's history as part of the Civil Rights Initiative.
The pattern of shortchanging important programs is
continued with the Land and Water Conservation Fund, where
funding is cut by more than 25% below the FY 2015 enacted
level. Wildlife programs are underfunded as well, with cuts or
flat funding to programs that assist in the recovery of species
or help prevent their listing in the first place. Funding
decisions such as these set the Endangered Species Act up to
fail.
We remain troubled by the majority's continued assault year
after year on the programs carried out by the Environmental
Protection Agency (EPA). The most significant funding cut in
the bill is again to the EPA, which would receive $718 million
less than the FY 2015 enacted level, a 9% cut. This would be on
top of the nearly 20% cut the agency has received over the past
four years.
The funding and policy decisions made in this bill threaten
the quality of the very air we breathe and water we drink. And
the consequences will be negatively felt in communities across
this nation.
The more than half billion dollar cut to the Clean Water
and Safe Drinking Water Revolving Funds undermines programs
that protect our drinking water, prevent the spread of disease,
and create jobs in our communities.
Rapidly escalating wildland fire costs are taking a larger
and larger share of the funding available under the bill. Total
fire costs in the bill are now nearly $4 billion or 13.2% of
all funding. We need some relief from these mounting costs. Our
colleague, Rep. Mike Simpson, has proposed the best solution:
funding major wildland fire costs under the existing disaster
relief budget cap.
We are disappointed that the committee did not adopt the
amendment offered by Rep. McCollum to fund a portion of the FY
2016 wildland fire budget under the disaster relief budget cap.
This approach has been endorsed by the administration, a
diverse array of groups, and compliments bipartisan legislation
that was introduced in this Congress and the last Congress. An
added benefit of the amendment is that it would have freed up
$407 million in the bill to put towards the clean water and
safe drinking water revolving funds.
We strongly oppose the numerous special interest riders and
funding limitations included in this bill. These provisions
don't belong in the bill. They only serve to undermine our
nation's bedrock environmental laws, endanger public health and
safety, and deny the impact that climate change is having on
our planet.
These provisions would substantially modify environmental
and natural resource management policy, including making
permanent changes in law and blocking implementation and
enforcement of current and proposed rules. They should not be
slipped into appropriations bills.
Rep. McCollum's amendment, which was not adopted, would
have stricken 24 of these riders and funding limitations from
the bill, many of whose genesis was from stand-alone
legislation that has repeatedly failed to be enacted into law.
Suspending Clean Air and Clean Water Act enforcement,
obstructing the listing of certain species under the Endangered
Species Act, and blocking proposals to address greenhouse gas
emissions are just a few examples of these problematic
provisions.
Among other amendments, there was an effort by Rep. Lowey
to strip language from the bill that stops the EPA from
implementing its lead abatement rule. The dangers from exposure
to lead-based paint and lead contaminated dust are well
established. The fact that this amendment was defeated places
the health of millions of Americans, especially children, at
risk.
We are more than willing to support a bill that includes
adequate funding levels to grow our economy, protect our
environment, and refrains from including special interest
riders and funding limitations.
We are hopeful that as this bill moves through the
legislative process it's funding and policy shortfalls can be
corrected. We stand ready to work with the chairman and others
to make improvements to the bill so that in the end we can have
a legislative product that can garner bipartisan support.
Nita M. Lowey.
Betty McCollum.
[all]