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114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-632
======================================================================
DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
APPROPRIATIONS BILL, 2017
_______
June 21, 2016.--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
DISSENTING VIEWS
[To accompany H.R. 5538]
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, 2017. 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.
CONTENTS
Page number
Bill Report
Title I--Department of the Interior:
Bureau of Land Management.......................... 2
9
United States Fish and Wildlife Service............ 8
13
National Park Service............................. 15
23
United States Geological Survey.................... 20
35
Bureau of Ocean Energy Management.................. 22
38
Bureau of Safety and Environmental Enforcement.... 24
38
Office of Surface Mining Reclamation and
Enforcement.................................... 26
39
Bureau of Indian Affairs and Bureau of Indian
Education...................................... 29
41
Office of the Secretary........................... 38
48
Insular Affairs................................... 40
49
Office of the Solicitor........................... 43
50
Office of Inspector General....................... 43
51
Office of the Special Trustee for American Indians. 44
51
Department-wide Programs:
Wildland Fire Management, Interior Department...... 46
52
FLAME Wildfire Suppression Reserve Fund, Interior
Department..................................... 49
53
Central Hazardous Materials Fund................... 50
53
Natural Resource Damage Assessment and Restoration. 50
53
Working Capital Fund............................... 50
54
General Provisions, Department of the Interior..... 52
54
Title II--Environmental Protection Agency:
Science and Technology............................. 68
57
Environmental Programs and Management.............. 69
59
Hazardous Waste Electronic Manifest System Fund.... 70
66
Office of Inspector General........................ 71
67
Buildings and Facilities........................... 71
66
Hazardous Substance Superfund...................... 71
68
Leaking Underground Storage Tank Trust Fund Program 72
69
Inland Oil Spill Programs.......................... 73
70
State and Tribal Assistance Grants................. 73
70
Water Infrastructure Finance and Innovation Program
Account........................................ 80
73
Administrative Provisions.......................... 81
74
Title III--Related Agencies:
Forest Service, U.S. Department of Agriculture..... 84
74
Wildland Fire Management, Forest Service........... 89
85
FLAME Wildfire Suppression Reserve Fund, Forest
Service........................................ 93
86
Indian Health Service, U.S. Department of Health
and Human Services............................. 101
87
National Institute of Environmental Health Sciences 109
90
Agency for Toxic Substances and Disease Registry... 110
91
Other Related Agencies:
Council on Environmental Quality and Office of
Environmental Quality.......................... 111
91
Chemical Safety and Hazard Investigation Board..... 112
92
Office of Navajo and Hopi Indian Relocation........ 113
93
Institute of American Indian and Alaska Native
Culture and Arts Development................... 114
94
Smithsonian Institution............................ 114
94
National Gallery of Art............................ 116
97
John F. Kennedy Center for the Performing Arts..... 117
98
Woodrow Wilson International Center for Scholars... 118
99
National Endowment for the Arts.................... 118
99
National Endowment for the Humanities.............. 119
101
Commission of Fine Arts............................ 120
101
National Capital Arts and Cultural Affairs......... 121
102
Advisory Council on Historic Preservation.......... 121
102
National Capital Planning Commission............... 121
103
United States Holocaust Memorial Museum............ 122
103
Dwight D. Eisenhower Memorial Commission........... n/a
104
Title IV--General Provisions:.............................. 122
105
INTRODUCTION
The Department of the Interior, Environment, and Related
Agencies Appropriations bill for fiscal year 2017 totals
$32,095,000,000. This amount reflects a $63,859,000 reduction
from the amount appropriated in fiscal year 2016 and a
$1,019,444,000 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 2017 fiscal year 2017 budget estimates
----------------------------------------------------------------------------------------------------------------
Title I, Department of the Interior:
New budget authority............................... $12,180,509,000 $12,049,905,000 -$130,604,000
Title II, Environmental Protection Agency:
New budget authority............................... $8,267,199,000 $7,976,018,000 -$291,181,000
Title III, Related Agencies:
New budget authority............................... $12,666,736,000 $12,069,077,000 -$597,659,000
--------------------------------------------------------
Title IV, General Provisions:
New budget authority............................... $0 $0 $0
Grand total, New budget authority.............. $33,114,444,000 $32,095,000,000 -$1,019,444,000
----------------------------------------------------------------------------------------------------------------
Committee Oversight
Members of Congress have provided considerable input in
fashioning this bill. In total, 382 Members submitted nearly
5,300 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 and briefings this year (including
four hearings involving American Indians and Alaska Natives) to
carefully review the programs and budgets under its
jurisdiction. The Subcommittee held the following oversight
hearings:
U.S. Forest Service FY17 budget oversight hearing--February
24, 2016
Indian Health Service FY17 budget oversight hearing--
February 25, 2016
Office of Navajo and Hopi Indian Relocation FY17 budget
oversight hearing--February 25, 2016
Department of the Interior FY17 budget oversight hearing--
March 2, 2016
Office of Surface Mining Reclamation and Enforcement FY17
budget oversight hearing--March 3, 2016
Bureau of Land Management FY17 budget oversight hearing--
March 3, 2016
U.S. Fish and Wildlife Service FY17 budget oversight
hearing--March 15, 2016
National Park Service FY17 budget oversight hearing--March
16, 2016
Bureau of Indian Affairs/Bureau of Indian Education FY17
budget oversight hearing--March 16, 2016
American Indian/Alaska Native Public Witnesses--March 17,
2016 (morning)
American Indian/Alaska Native Public Witnesses--March 17,
2016 (afternoon)
American Indian/Alaska Native Public Witnesses--March 18,
2016 (morning)
American Indian/Alaska Native Public Witnesses--March 18,
2016 (afternoon)
Environmental Protection Agency FY17 budget oversight
hearing--March 22, 2016
Smithsonian Institution FY17 budget oversight hearing--
March 23, 2016
In total, 97 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 in person, another 112 organizations or
coalitions provided written testimony for the hearing record
which is publicly available online.
COST OF WILDLAND FIRE
In seven of the last ten years, wildland fire suppression
costs have exceeded estimated 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 continues to believe the most catastrophic
wildland fires should be addressed in a fashion 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.
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 Congress continues to debate the best approach for fire
budgeting, the Committee has provided robust wildland fire
funding in its fiscal year 2017 bill. The bill includes a total
of $3,852,708,000 in wildland fire funding for the Department
of the Interior and the Forest Service. Fire suppression
accounts (including FLAME) are fully funded at the ten-year
average level. Hazardous fuels reduction program funding, a
critical component of an effective overall fire strategy, is
funded at $575,000,000, which is $30,000,000 above the fiscal
year 2016 level.
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 2016, 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 2017.
LEAD IN DRINKING WATER
More communities are discovering elevated levels of lead in
drinking water. It is estimated that nearly 1,500 water systems
serving more than three million Americans have exceeded EPA's
lead in drinking water standard at least once in the past three
years. The events in Flint, Michigan have called greater
attention to aging infrastructure, the need for prudent
management and oversight of water systems, exposed gaps in the
understanding of contaminants in water systems, and the
potential for exposure to residents. Targeted investments and
prioritization of resources will help EPA, States and
communities respond to Flint and other affected communities in
a manner that addresses the entire water system.
The bill provides $2.1 billion for water infrastructure
programs including the Clean Water and Drinking Water State
Revolving Funds (SRFs) and the Water Infrastructure Finance and
Innovation Act (WIFIA) program. This includes an increase of
$207 million over the fiscal year 2016 enacted level for the
Drinking Water SRF and $50 million for the WIFIA program. To
the extent possible, States should give greater weight to
funding projects on State Intended Use Plans that would remove
lead pipes from existing infrastructure. Based on current
Administration estimates, the Committee believes that direct
loan subsidization through $50 million in the WIFIA program may
be leveraged to fund anywhere from $3 billion to $5 billion
worth of water infrastructure projects nationwide.
In addition, for fiscal year 2017 the Committee has
provided additional authority to allow States to provide debt
relief in areas with elevated levels of lead in drinking water.
It is important for States and communities to approach projects
in a comprehensive, strategic manner. The replacement of aging
infrastructure will not only help mitigate nationwide issues
related to contaminants such as lead and arsenic, but will also
help address Combined Sewer Overflows and Sanitary Sewer
Overflows, and allow systems to improve water delivery for
residents. As such, the bill allocates $6.5 million to fully
fund activities related to integrated planning, which will be
increasingly necessary as States and communities evaluate
drinking water and wastewater systems for lead contamination
issues. Recognizing the value of State drinking water programs,
the Committee funds Public Water System Supervision grants as
requested at $109.7 million, a $7.7 million increase for
improved State oversight and operations.
Finally, more information is necessary in order to
understand the prevalence of lead pipes in the water
infrastructure of cities around the country. To better
understand the extent of the need, the Committee urges the
Government Accountability Office to expeditiously assess the
number of existing lead service lines by State.
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 (BLM), Bureau of
Reclamation (BOR), National Park Service (NPS), and U.S. Fish
and Wildlife Service (FWS), and the U.S. Department of
Agriculture's Forest Service (USFS). 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
$258 million, of which the National Park Service collects
nearly $230 million. In 2015, the recreation fee program
collected nearly $337 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 huge unbudgeted cost for land management
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 no later than 60 days after enactment of
this Act, detailed Equal Access to Justice Act (EAJA) fee
information as specified in House Report 112-151.
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.
PAPER REDUCTION
The Committee urges each agency funded by this Act to work
with the Office of Management and Budget (OMB) to reduce
printing and reproduction costs and directs each agency to
report to the Committee within 90 days of enactment of this Act
on what steps have been taken to achieve this goal. The report
should specifically identify how much money each agency expects
to save by implementing these measures.
EDUCATIONAL AND OUTREACH PROGRAMS
The Committee strongly supports the educational and
outreach programs of the agencies funded through the Interior,
Environment, and Related Agencies appropriations bill and
encourages them to ensure that their efforts reach the widest
possible audience, including but not limited to, Hispanic-
Serving Institutions, Historically Black Colleges and
Universities and Tribal Colleges and Universities, as
appropriate.
LAND AND WATER CONSERVATION FUND
The Committee recognizes that investments in the Land and
Water Conservation Fund (LWCF) support public land conservation
and ensure access to the outdoors for all Americans, and
recommends $322 million for LWCF programs. While the program is
the principal source of funding for National Park Service,
Bureau of Land Management, U.S. Fish and Wildlife Service, and
U.S. Forest Service land acquisitions, the LWCF Act affords
Congress the discretion to appropriate funds to a variety of
recreation and conservation programs, including, but not
limited to, land acquisition. The Committee believes it can
fulfill the goals of the LWCF Act in a fiscally responsible
manner by prioritizing State and local programs, consistent
with chapter 2003 of title 54 of the United States Code, that
do not add to the Federal estate and exacerbate deferred
maintenance backlogs. Accordingly, the Committee recommends
$186 million (58 percent of LWCF funding) for State and local
recreation, conservation, battlefield protection and forest
legacy programs.
While the Committee remains committed to decreasing the
rising deferred maintenance backlogs at Federal land management
agencies, it recognizes the value of strategic land
acquisitions, and recommends an amount appropriate given the
constraints of the budget and other priorities within the bill.
The recommendation includes $136 million for Federal land
acquisition programs, of which not less than $24 million is
directed to recreational access projects and inholdings.
Funding for recreational access projects may only be used
to open or improve access to existing public lands for hunting,
fishing, and related recreational activities. Funds may not to
be used to initiate any new land acquisition project unless the
project was included in the budget justification and approved
by the Congress. The Committee directs each agency to develop
and include its prioritization criteria and project selection
process in future budget requests.
The Committee does not have sufficient information to
recommend specific Federal acquisition projects at this time.
Each land management agency is directed to submit an updated
project list to the Committee, accounting for any changes in
cost estimates, willing sellers, or other new information
arising since the list of requested projects originated at the
start of the fiscal year 2017 budget process. The list should
include authorized appropriation levels for each unit, if
applicable, total appropriations and acreage acquired to date
for each unit, status of any unobligated balances, evidence of
local, State, and congressional support, and, if the project
would impact a unit boundary, by what amount and under what
authority. If the agency considers a project, or any parcel of
a project to be an ``inholding'', the agency should provide the
percentage of the parcel's border that abuts existing Federal
land.
Lastly, the Committee requests that each agency include in
future budget justifications a status report on any prior year
LWCF spending. The report should include a table of projects
funded in the two prior fiscal years, comparing actual cost and
acreage acquired to date, with cost and acreage estimates that
were provided to the Congress in budget justifications.
WORLD WAR I CENTENNIAL COMMISSION
The World War I Centennial Commission serves as the lead
organizer for the Nation's commemorative events regarding
America's participation in the war. The Commission has selected
a final design for a World War I Memorial which will be built
at no Federal expense on the site of Pershing Park near the
White House. The Committee is willing to consider limited
discretionary appropriations in the future to support the
Commission's efforts provided that the Commission submits a
detailed budget proposal and justification.
OPERATING PLANS AND REPROGRAMMING GUIDELINES
Consistent with other appropriations Acts, the Committee
has included within Title IV General Provisions (Sec. 403) bill
language establishing the procedures governing reprogramming
actions for programs, projects, and activities funded in the
Interior, Environment, and Related Agencies Appropriations Act.
Incorporated into the section is requested language relating to
assessments. The section also includes a requirement that each
agency submit an operating plan to the House and Senate
Committees on Appropriations not later than 60 days following
enactment of this Act to establish the baseline for application
of reprogramming for the current fiscal year. In addition to
the Committee recommendations and directives contained herein,
the Committee directs each department and agency funded in this
bill to submit an operating plan at the program, project, and
activity level pursuant to Section 403 of this bill.
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
MANAGEMENT OF LANDS AND RESOURCES
Appropriation enacted, 2016........................... $1,072,675,000
Budget estimate, 2017................................. 1,075,545,000
Recommended, 2017..................................... 1,081,922,000
Comparison:
Appropriation, 2016................................. +9,247,000
Budget estimate, 2017............................... +6,377,000
The Committee recommends $1,081,922,000 for Management of
Lands and Resources, $9,247,000 above the fiscal year 2016
enacted level and $6,377,000 above the budget request. A
detailed table of funding recommendations below the account
level is provided at the end of this report.
Soil, Water, and Air Management.--The Committee recommends
$43,609,000 for soil, water, and air management, equal to the
fiscal year 2016 enacted level and $1,769,000 below the budget
request. The Colorado River Basin Salinity Program is funded at
$1,500,000.
Rangeland Management.--The Committee recommends $79,000,000
for rangeland management, equal to the fiscal year 2016 enacted
level and $16,168,000 above the budget request. The Committee
directs the agency 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.
Forestry Management.--The Committee recommends $10,076,000
for forestry management, $96,000 above the fiscal year 2016
enacted level and equal to the budget request.
Riparian Management.--The Committee recommends $21,321,000
for riparian management, equal to the fiscal year 2016 enacted
level and $1,599,000 below the budget request.
Cultural Resources Management.--The Committee recommends
$16,131,000 for cultural resources management, equal to the
fiscal year 2016 enacted level and $1,197,000 below the budget
request.
Wild Horse and Burro Management.--The Committee recommends
$80,555,000 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 2016 enacted level and $447,000 above the budget
request.
The Committee directs the Bureau to continue to study and
test the feasibility of implementing a scientifically sound and
humane sterilization program in partnership with universities
and nonprofit organizations. The Committee strongly supports
research to develop and refine a variety of fertility-control
methods, including immunocontraceptives, which allow for
sustainable populations of wild horses and burros while
maintaining the genetic viability of the protected herds.
The Committee is concerned about the number of herds with
horse and burro populations that exceed their Appropriate
Management Levels. Overpopulation damages rangeland and
decreases the quality of life of the herds. The Committee also
is concerned about the large number of horses that are held in
long-term holding. Given the increasing costs of operating the
program, the Committee strongly encourages the Bureau to
increase the use of existing population control measures as
well as continue to implement the recommendations of the
National Academy of Sciences. The Committee further directs the
Bureau to work cooperatively with States and other partners to
control wild horse and burro herds.
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 Bureau to enter into long-term contracts
and agreements for holding facilities off the range.
Wildlife and Fisheries.--The Committee recommends
$114,661,000 for wildlife and fisheries, $12,750,000 above the
fiscal year 2016 enacted level and $6,658,000 below the budget
request. Within the total provided, the Committee recommends
$102,131,000 for wildlife management. The additional
$11,750,000 is intended specifically for the Bureau to remove
encroaching conifers, eradicate and control invasive weeds,
restore riparian habitats, reduce fuel loads, and augment post-
fire stabilization and rehabilitation efforts, as requested.
The Committee recommends $12,530,000 for fisheries management.
The Committee notes that the Bureau is working with States,
communities and interested partners to incorporate up-to-date
data and science on the greater sage-grouse in the Resource
Management Plans and related Land Use Plan Amendments. However,
the Committee continues to hear concerns, particularly from
ranchers and mining companies, that the Bureau is failing to 1)
manage for sustained yield and multiple uses and inconsistently
applying long-standing, existing regulations; 2) consider the
mitigation and habitat conservation successes of private
entities and benefits of well-managed grazing; and 3)
appreciate the role of States in managing wildlife and the
economic needs of rural communities. Recognizing that thriving
sage-grouse populations, rangelands, and local economies are
interconnected and support healthy communities, the Committee
directs the Bureau to ensure it is fairly and consistently
applying its statutory mandate to manage for sustained yield
and multiple use and adhering to its current regulations and
processes.
The Committee commends the Bureau for completing the
National Seed Strategy and provides $1,000,000 to implement it.
The Committee continues to believe the Bureau should focus on
increasing the availability of appropriate seed to address
high-priority restoration needs and to collaboratively work
with other Federal agencies, States, researchers, and private
partners to implement the strategy.
Recreation Management.--The Committee recommends
$69,461,000 for recreation management, equal to the fiscal year
2016 enacted level and $2,396,000 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.
Energy and Minerals.--The Committee recommends $164,943,000
for energy and minerals, $1,661,000 below the fiscal year 2016
enacted level and $26,875,000 above the budget request. The
Committee does not accept the proposal to increase fees.
The Committee directs the Bureau to collaboratively work
with industry, other Federal agencies, States, and interested
entities on methane emission issues.
Resource Protection and Maintenance.--The Committee
recommends $110,150,000 for resource protection and
maintenance, $972,000 above the fiscal year 2016 enacted level
and $16,168,000 below the budget request.
Soda Ash.--The Committee is concerned that other Nations
provide significant subsidies to their soda ash producers and
related industries, which causes U.S. companies to reduce
operations and employment and negatively affects families and
communities. As such, the Committee directs the Bureau to
provide a report, within 60 days after the date of enactment of
this Act, on the current state of the U.S. industry and the
negative effects of State-sponsored subsidies and to work with
U.S. companies to provide royalty relief, as appropriate and
authorized by current law.
Resource Management Planning.--The Committee recommends
$48,125,000 for resource management planning, equal to the
fiscal year 2016 enacted level and $17,078,000 below the budget
request. The Committee reminds the Bureau not to duplicate
existing efforts at the U.S. Geological Survey and in the
private sector.
Planning Process.--The Committee urges the Bureau to extend
the public comment period on the proposed ``Planning 2.0''
initiative by no less than 30 days beyond the current 90 day
comment period to ensure States, local governments, and other
partners have adequate time to analyze the proposal and provide
comments.
Red Cliffs National Conservation Area.--The Committee is
concerned about the transportation routes identified in the
Draft Resource Management Plan and encourages the Bureau to
work with the Fish and Wildlife Service; the State of Utah;
Washington County, Utah; the city of St. George, Utah; and
other cooperating entities to identify a northern
transportation route as directed by the Omnibus Public Land
Management Act of 2009, P.L. 111-11.
Resource Protection and Law Enforcement.--The Committee
recommends $26,616,000 for law enforcement, $1,121,000 above
the fiscal year 2016 enacted level and $1,000,000 above the
budget request to fill vacant ranger positions. 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 no funding
for the challenge cost share program, as requested, which is
$2,413,000 below the fiscal year 2016 level. Although no funds
are provided for this program, the Committee encourages the
Bureau to continue to work with partners on 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 $36,819,000 for the national landscape conservation
system, equal to the fiscal year 2016 enacted level and
$13,826,000 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.
The Committee encourages the Bureau to continue to work
with the State of Idaho to provide appropriate access to
Federal lands for the purposes of aquifer recharge projects.
The Committee is aware the California State office is
establishing an independent monitoring pilot program for
certain off-highway vehicle events and supports the Bureau's
implementation of the pilot program within 120 days, as
planned. The Committee requests a report on the pilot program
and any recommendations to facilitate its expansion to other
States.
The Committee is concerned that the Bureau's actions
regarding Federal oil and gas leases in the White River
National Forest, including the release of the Preliminary
Preferred Alternative in March 2016, are undermining the
collaboration among Members of Congress, locally elected
officials, and private and public partners to resolve the
status of the leases. The Committee directs the Bureau to
reconsider its actions and to work in a collaborative manner
with all interested parties to reach a broadly supported
resolution.
LAND ACQUISITION
Appropriation enacted, 2016........................... $38,630,000
Budget estimate, 2017................................. 43,959,000
Recommended, 2017..................................... 19,400,000
Comparison:
Appropriation, 2016................................. -19,230,000
Budget estimate, 2017............................... -24,559,000
The Committee recommends $19,400,000 for land acquisition,
$19,230,000 below the fiscal year 2016 enacted level and
$24,559,000 below the budget request. A detailed table of
funding recommendations below the account level is provided at
the end of this report.
The Committee has included language and direction on Land
and Water Conservation Fund programs in the front of this
report.
OREGON AND CALIFORNIA GRANT LANDS
Appropriation enacted, 2016........................... $107,734,000
Budget estimate, 2017................................. 106,985,000
Recommended, 2017..................................... 106,985,000
Comparison:
Appropriation, 2016................................. -749,000
Budget estimate, 2017............................... 0
The Committee recommends $106,985,000 for the Oregon and
California (O&C) grant lands, $749,000 below the fiscal year
2016 enacted level and equal to the budget request. A detailed
table of funding recommendations below the account level is
provided at the end of this report.
The Committee is concerned with the Bureau's plan to
withdraw approximately 75 percent of the O&C grant lands from
sustained yield management and provide annual harvests of less
than half the minimum described in the Oregon and California
Revested Lands Act of 1937. The Committee reminds the Bureau
that the O&C Act classified the O&C grant lands as timberlands
to be managed for permanent forest production, with the timber
sold in conformity with the principles of sustained yield
management in an annual quantity averaging not less than 500
million board feet. The Committee directs the Bureau to
implement a plan that conforms to the mandates of that Act.
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.
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, 2016........................... $1,238,771,000
Budget estimate, 2017................................. 1,309,912,000
Recommended, 2017..................................... 1,255,004,000
Comparison:
Appropriation, 2016................................. 16,233,000
Budget estimate, 2017............................... -54,908,000
The Committee recommends $1,255,004,000 for Resource
Management, $16,233,000 above the fiscal year 2016 enacted
level and $54,908,000 below the budget request. Descriptions of
activities below the account level are contained in the
justification submitted to the Congress, except as otherwise
discussed below and summarized in the table at the end of this
report.
Listing.--The recommendation includes $14,411,000 for
Endangered Species Act listings and related activities,
$6,104,000 below the fiscal year 2016 enacted level. The
proposed transfer of funds out of critical habitat designations
is approved. The proposed transfer of funds into petitions is
not approved; the number of listings and petitions to list have
far outpaced the Service's ability to keep up with its other
Endangered Species Act mandates, such as status reviews and
consultations, so the recommendation redistributes the funds
elsewhere to meet these other mandates.
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 work plans in
order to meet these obligations in light of the budget, and to
request deadline extensions as necessary.
The Service is directed to exclude flood control reservoirs
from critical habitat determinations, such as for the western
distinct population segment of the yellow-billed cuckoo as
described in detail in House Report 114-170.
The Committee recognizes that the Service may consider
species that are non-native to the U.S. for listing under the
Endangered Species Act (ESA), based on their biological status
in the wild. The Committee also recognizes that captive
breeding and artificial propagation of listed species can have
important conservation value. Any listing of a species as
threatened should not, by default, adversely impact operations
that engage in captive or artificial propagation for domestic
or international trade in accordance with international law
governing trade in protected species. The Service is therefore
urged to consider alternative exemptions under section 4(d) of
the ESA for the continued commercial trade in captive or
artificially propagated non-native sturgeons that are not
linked to conservation activities within the range countries.
Planning and Consultation.--The recommendation includes
$103,650,000 for planning and consultation, $4,571,000 above
the fiscal year 2016 enacted level. Timely evaluations and
permitting of proposed infrastructure and other development
projects contribute to economic growth and job creation. The
Service should distribute the increase in accordance with the
backlog of requests from outside the Service for technical
assistance and consultations, including habitat conservation
planning (HCP) and hatchery genetic management planning.
The Committee recognizes the important role of HCPs in both
recovery of species and in providing economic certainty and
growth to municipalities affected by listed species. The
Service is encouraged to place a priority on working with
partners making good faith efforts to develop and implement
responsible HCPs.
No additional funds are provided for planning and
consultation of restoration projects funded by settlement
agreements, including those associated with the Deepwater
Horizon oil spill. Any such projects required by law to have
technical assistance, consultation, or permits from the Service
should have such costs built into the projects. The Service is
directed to establish a reimbursement program consistent with
similar programs across the Department.
Conservation and Restoration.--The recommendation includes
$32,646,000 for conservation and restoration, $250,000 above
the fiscal year 2016 enacted level. The increase is for
expedited mapping of flood-prone coastal areas, as authorized
by the Coastal Barrier Resources Act (CBRA). Funding for the
National Wetlands Inventory is maintained at $3,471,000.
Funding for the sagebrush steppe ecosystem is maintained at
$3,250,000.
Recovery.--The recommendation includes $86,198,000 for
Endangered Species Act recovery planning and oversight, five-
year status reviews, and associated status changes, $4,182,000
above the fiscal year 2016 enacted level. Funding to eliminate
the backlog of downlistings and delistings is not less than
$3,000,000, which is $1,000,000 above the fiscal year 2016
enacted level.
The Service stated in its budget justification that limited
resources force the program to make difficult tradeoffs among
five-year reviews, developing recovery plans, implementing
recovery actions, delisting and downlisting. The Committee
therefore directs the Service to focus on only those ESA
mandates which are inherently governmental, and not to engage
in other activities, such as implementing recovery actions,
unless the costs are at least matched by partners outside the
Service.
The Service is directed to develop recovery plans for all
listed species as required by law; to include measurable goals
in each recovery plan; 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.
So that trends in the endangered species recovery program
may be observed, the Service is directed to include, in its
next such report to Congress, ``species status'' and all other
data points for each species that were included in the report
entitled, ``Report to Congress on the Recovery of Threatened
and Endangered Species, Fiscal Years 2009-2010''.
The recommendation includes $2,500,000 for matching grants
to nonprofit organizations implementing genetically-sound
breeding, rearing, and reintroduction programs as prescribed in
recovery plans, such as for northern aplomado falcon and
California condor.
Not less than $2,000,000 is recommended for the recovery of
listed bat species impacted by white-nose syndrome, provided
such funds are matched by partners outside the Service.
The Committee is aware that the State of Utah has taken
over management for the Utah prairie dog as a result of a
decision by a Federal judge. The Committee is also aware that
the Fish and Wildlife Service is appealing that verdict. In the
event that the Fish and Wildlife Service is successful in its
appeal, the Committee recognizes the importance of the Fish and
Wildlife Service coordinating with the State of Utah on
developing a new conservation plan that provides a mechanism
for reconciling local development interests with conservation
of the Utah prairie dog, consistent with the requirements of
the Endangered Species Act. The State of Utah and local
counties have committed significant financial resources to the
recovery of the Utah prairie dog and those efforts should be
appropriately recognized in the conservation planning efforts.
The Service is directed to brief the Committee on the
Service's evaluation and strategy for the red wolf recovery
program within 12 months of enactment of this Act.
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 when
egregious lawsuits waste limited agency resources and threaten
the integrity of the Endangered Species Act, which guarantees
that the Federal government will return management authority to
the States once recovery plan goals are met and scientifically-
sound State 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.
Partners for Fish and Wildlife.--The recommendation
includes $52,026,000 for voluntary, non-regulatory partnerships
with private landowners as authorized by the Partners for Fish
and Wildlife Act, $250,000 above the fiscal year 2016 enacted
level. The Service is urged to maintain ideal staffing levels
for ongoing invasive species eradication efforts on private and
national wildlife refuge lands, such as for nutria in the
Chesapeake Bay watershed, in order to minimize the likelihood
that such species will return. In addition, the recommendation
includes $1,285,000 as requested for regional fisheries
enhancement groups.
Coastal Programs.--The recommendation includes $13,625,000
for voluntary, non-regulatory coastal habitat programs,
$250,000 above the fiscal year 2016 enacted level and $131,000
above the budget request.
National Wildlife Refuge System.--The recommendation
includes $484,861,000 for the National Wildlife Refuge System,
$3,434,000 above the fiscal year 2016 enacted level. Increases
above the fiscal year 2016 enacted level include: $250,000 for
invasive species control in coordination with the Partners for
Fish and Wildlife program; $250,000 to increase the number of
volunteer hours, which have declined in recent years; and
$250,000 to reduce the backlog of statutorily-required
comprehensive conservation plans. The Service is commended for
its efforts at certain refuges to develop plans that are
strongly supported by the surrounding communities.
Maintenance support is increased by $2,184,000 and deferred
maintenance is increased by $500,000, as requested, to continue
to reduce the maintenance backlog.
The Committee directs the Service to institute signage on
any individual refuge where trapping occurs. The Service is
also directed to establish guidance on such signage and include
it in the refuge manual. Information should be posted on the
National Wildlife Refuge System website and the websites of the
individual refuges where trapping is occurring so the public is
informed. The Committee understands that Waterfowl Production
Areas, easements, and Coordination Areas are established under
different authorities and, as a result, signage may vary at
these sites.
The Everglades Headwaters National Wildlife Refuge and
Conservation Area was created to protect one of the last
remaining grassland and longleaf pine savanna landscapes in
eastern North America while securing water resources for seven
million people in south Florida. The Committee supports
collaborative efforts to protect, restore, and conserve
habitats for one of the greatest ecological treasures of the
United States.
The Service is reminded that solutions to recreational-use
conflicts in national wildlife refuges should begin with the
Refuge Manager engaging their local communities and
collaborating with local officials and other representatives of
recreational users to find mutually-agreeable solutions to
conflicts. Failure to do so can result in significant public
backlash, such as has happened with regard to proposed new
recreational boating restrictions at Lake Havasu National
Wildlife Refuge.
Migratory Bird Management.--The recommendation includes
$48,605,000 for migratory bird management, $1,125,000 above the
fiscal year 2016 enacted level. Increases include $500,000 as
requested to improve aviation safety, $250,000 for conservation
and monitoring, and $250,000 for migratory bird joint ventures.
Permitting to reduce bird-livestock conflicts is funded at
$350,000, which is $100,000 above the fiscal year 2016 enacted
level. The Service is commended for its efforts to work with
landowners to reduce black vulture predation on livestock.
Executive Order 13186, issued in 2001, directed Federal
agencies to develop a memorandum of understanding and work
together to promote the conservation of migratory bird
populations, and established an interagency Council for the
Conservation of Migratory Birds (Council). The last annual
report produced by the Council was in 2012. The Committee
supports the Council's efforts to streamline the annual report
development process, and to provide more detailed information
on the Council web page, in order to disseminate the
information in a more timely fashion.
The Service is urged to update permitting requirements at
section 21.12 of title 50, Code of Federal Regulations, to
account for the addition of other accredited zoological trade
organizations that did not exist at the time the regulation was
last published.
Law Enforcement.--The recommendation includes $75,053,000
as requested for law enforcement, $328,000 above the fiscal
year 2016 enacted level. The Service is directed to enforce
illegal logging violations pursuant to the Lacey Act.
Wildlife trafficking is funded at $7,500,000, as requested.
Lawful importers and exporters should not shoulder the cost
burden of a Service workload that has increased as global
markets have expanded and wildlife trafficking has become more
sophisticated. Service inspectors not only examine legally
declared packages but now must also undertake efforts to
interdict illegal shipments of wildlife and wildlife products.
Funds appropriated specifically to combat wildlife trafficking
may be used to supplement inspections.
The Committee has been made aware of concerns about
expeditious inspection of perishable echinoderms, squid,
octopus and cuttlefish. Due to the limited shelf life, it is
imperative inspections occur in less than 48 hours. The
Committee has been informed the Service is working to inspect
perishable items in 24 hours or less and requests data from the
Law Enforcement Management Information System (LEMIS) to
document these efforts and determine if there are any obstacles
toward achieving that goal. The Service is also directed to
brief the Committee on steps they are taking to review the
regulations to ensure no industry is operating at a
disadvantage and to provide a status on harvest levels and
illegal wildlife interdicted because of these inspections.
International Affairs.--The recommendation includes
$15,196,000 for international affairs, $500,000 above the
fiscal year 2016 enacted level. The increase is to combat
wildlife trafficking, as requested.
The Committee is concerned about the recent increase of
illegal trade in rhinoceros horn, elephant ivory, and harvested
timber; the large sums of money that these products command on
the black market; and the significant source of financing these
activities provide 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 recognizes the Service's work with Honduras,
El Salvador, and Guatemala to conserve priority species and
ecosystems, and urges the continuation of these international
partnerships in fiscal year 2017.
Fish and Aquatic Conservation.--The recommendation includes
$153,256,000 for Fish and Aquatic Conservation, $5,000,000
above the fiscal year 2016 enacted level, as described below.
The Service is directed to continue its tradition of improving
freshwater subsistence, commercial, and recreational fishing
since 1871.
The recommendation includes $55,418,000 for National Fish
Hatchery System Operations, $2,000,000 above the fiscal year
2016 enacted level and $1,659,000 above the budget request. A
portion of the increase should be used to fill hatchery manager
vacancies. Not less than $800,000 is recommended for the
aquatic animal drug approval partnership program, $400,000
above the fiscal year 2016 enacted level. The national wild
fish health survey program is funded at not less than
$1,430,000, as requested. The Service should take economic
return-on-investment into account in the allocation of National
Fish Hatchery System Operations funds.
The bill includes language prohibiting the termination of
operations or the closure of any of the 90 units of the
National Fish Hatchery System. The bill also includes language
directing the Service to begin a propagation and reintroduction
program for delta smelt.
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.
The Service is directed to maintain the fisheries archives,
including the National Fishery Artifacts and Records Center and
the Collection Management Facility, at its current location; to
fill and station on site all vacant positions; and to share the
costs and oversight across the fisheries program nationwide.
The recommendation includes $22,920,000 as requested for
Maintenance and Equipment, including a $3,000,000 increase
above the fiscal year 2016 enacted level to reduce the deferred
maintenance backlog. The Service should allocate funds to
facilities with the most severe health and safety deficiencies
across the System as a whole, rather than by region.
The recommendation includes $74,918,000 for Aquatic Habitat
and Species Conservation, equal to the fiscal year 2016 enacted
level. The Klamath agreement is funded at $1,610,000, as
requested. Asian carp control is funded at $8,400,000. Quagga
and zebra mussel control is funded at $2,000,000, as requested.
Sea lamprey administrative costs are funded at $711,000, as
requested. Increases above the fiscal year 2016 enacted level
include $250,000 for the National Fish Passage Program and
$1,140,000 to implement State and interstate aquatic invasive
species plans mandated by the National Invasive Species Act.
The total amount allocated to the States for implementing such
plans should be not less than $3,706,000.
The Service is urged to accelerate the rulemaking process
under the Lacey Act to prohibit the importation of live
lionfish without prohibiting the sale and purchase of lionfish
filets or the possession of lionfish already in aquariums.
Cooperative Landscape Conservation.--The recommendation
includes $12,988,000 for landscape conservation cooperatives
(LCCs), equal to the fiscal year 2016 enacted level. The
Committee continues to be concerned about a lack of State and
tribal support for LCCs in certain parts of the country. The
Service should focus on areas where partnerships are strongest.
Science Support.--The recommendation includes $16,985,000
for science support, equal to the fiscal year 2016 enacted
level. Not less than $2,500,000 is recommended to continue the
search for a cure for white-nose syndrome in bats. The Service
should 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. The Service is urged to
engage with Cooperative Research Units in partnership with
States, universities, and the U.S. Geological Survey, in order
to leverage its funding.
General Operations.--The recommendation includes
$145,504,000 for General Operations, $2,447,000 above the
fiscal year 2016 enacted level and $5,928,000 below the budget
request. The recommendation includes the requested transfer of
$153,000. Annual maintenance for the National Conservation
Training Center (NCTC) is increased by $2,600,000, as
requested, in order to avoid a maintenance backlog. The Service
is encouraged to continue to make the NCTC available, at cost,
to other Federal, State, tribal, and non-governmental entities
for the purposes of conservation training.
CONSTRUCTION
Appropriation enacted, 2016........................... $23,687,000
Budget estimate, 2017................................. 23,740,000
Recommended, 2017..................................... 14,837,000
Comparison:
Appropriation, 2016................................. -8,850,000
Budget estimate, 2017............................... -8,903,000
The Committee recommends $14,837,000 for Construction,
$8,850,000 below the fiscal year 2016 enacted level and
$8,903,000 below the budget request. The recommendation
includes requested funding for national fish hatcheries, dam
safety, and the forensics laboratory. A detailed table of
funding recommendations below the account level is provided at
the end of this report.
LAND ACQUISITION
Appropriation enacted, 2016........................... $68,500,000
Budget estimate, 2017................................. 58,655,000
Recommended, 2017..................................... 50,300,000
Comparison:
Appropriation, 2016................................. -18,200,000
Budget estimate, 2017............................... -8,355,000
The Committee recommends $50,300,000 for land acquisition,
$18,200,000 below the fiscal year 2016 enacted level and
$8,355,000 below the budget request. A detailed table of
funding recommendations below the account level is provided at
the end of this report.
Language and direction on Land and Water Conservation Fund
programs is provided in the front of this report and includes
direction on the use of recreational access funds. While the
Committee does not include a directive limiting acquisition
size and cost that could inadvertently discourage leveraging,
the Committee expects the Service to use fiscal year 2017
recreational access funds in accordance with the defined use of
recreational access funds in its fiscal year 2017
justification: to acquire small parcels of land to conserve
important wildlife habitat and provide recreational
opportunities, including hunting and fishing. Accordingly, the
Committee recommends $1,000,000 for recreational access
projects. The Service is directed to notify the Committee of
any land acquired with these funds.
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 $10,000,000 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 2017.
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
The Cooperative Endangered Species Conservation Fund
provides matching grants to States and territories for
endangered species recovery actions on non-Federal lands, and
provides matching funds for non-Federal land acquisition to
facilitate habitat protection.
Appropriation enacted, 2016........................... $53,495,000
Budget estimate, 2017................................. 53,495,000
Recommended, 2017..................................... 55,590,000
Comparison:
Appropriation, 2016................................. +2,095,000
Budget estimate, 2017............................... +2,095,000
The Committee recommends $55,590,000 for the Cooperative
Endangered Species Conservation Fund, $2,095,000 above the
fiscal year 2016 enacted level and the budget request. The
recommendation includes the requested amount for conservation
grants but maintains level funding for HCP assistance grants. A
detailed table of funding recommendations below the account
level is provided at the end of this report.
NATIONAL WILDLIFE REFUGE FUND
The National Wildlife Refuge Fund shares refuge revenues
and makes payments in lieu of taxes to counties in which
Service lands are located.
Appropriation enacted, 2016........................... $13,228,000
Budget estimate, 2017................................. 0
Recommended, 2017..................................... 0
Comparison:
Appropriation, 2016................................. -13,228,000
Budget estimate, 2017............................... 0
The Committee recommends $0 for the National Wildlife
Refuge Fund, as requested, $13,228,000 below the fiscal year
2016 enacted level. Payments to counties in all 50 States, the
Commonwealth of Puerto Rico, Guam, and the U.S. Virgin Islands
are estimated to be $5,516,000 in fiscal year 2017 from the net
refuge receipts estimated to be collected in fiscal year 2016.
NORTH AMERICAN WETLANDS CONSERVATION FUND
The North American Wetlands Conservation Act of 1989
provided for matching 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, 2016........................... $35,145,000
Budget estimate, 2017................................. 35,145,000
Recommended, 2017..................................... 37,645,000
Comparison:
Appropriation, 2016................................. +2,500,000
Budget estimate, 2017............................... +2,500,000
The Committee recommends $37,645,000 for the North American
Wetlands Conservation Fund, $2,500,000 above the fiscal year
2016 enacted level and the budget request. The Service is urged
to make wetlands restoration projects that protect hunting and
fishing treaty rights a higher priority.
NEOTROPICAL MIGRATORY BIRD CONSERVATION
The Neotropical Migratory Bird Conservation Act of 2000
authorized matching 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, 2016........................... $3,910,000
Budget estimate, 2017................................. 3,910,000
Recommended, 2017..................................... 3,910,000
Comparison:
Appropriation, 2016................................. 0
Budget estimate, 2017............................... 0
The Committee recommends $3,910,000 for neotropical
migratory bird conservation, equal to the fiscal year 2016
enacted level and the budget request.
MULTINATIONAL SPECIES CONSERVATION FUND
The Multinational Species Conservation Fund provides
technical assistance and matching grants to countries to
strengthen anti-poaching activities; builds community support
for conservation near these 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, marine turtles,
and their habitats. Authorizations of appropriations for the
programs within this Fund have all expired.
Appropriation enacted, 2016........................... $11,061,000
Budget estimate, 2017................................. 11,061,000
Recommended, 2017..................................... 11,061,000
Comparison:
Appropriation, 2016................................. 0
Budget estimate, 2017............................... 0
The Committee recommends $11,061,000 for the Multinational
Species Conservation Fund, equal to the fiscal year 2016
enacted level and 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.
STATE AND TRIBAL WILDLIFE GRANTS
The State and Tribal Wildlife Grants Program provides
grants to States and Indian tribes, the District of Columbia,
the Commonwealth of Puerto Rico, and the territories, to
conserve fish and wildlife that are at risk of being listed
under the Endangered Species Act (ESA). The intent is to avoid
the costly and time-consuming process of ESA listings and
related regulatory actions.
Appropriation enacted, 2016........................... $60,571,000
Budget estimate, 2017................................. 66,981,000
Recommended, 2017..................................... 62,571,000
Comparison:
Appropriation, 2016................................. +2,000,000
Budget estimate, 2017............................... -4,410,000
The Committee recommends $62,571,000 for State and Tribal
Wildlife Grants, $2,000,000 above the fiscal year 2016 enacted
level and $4,410,000 below the budget request. The Service is
directed to focus competitive grants 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. The Service is urged to document and
communicate to the Congress whenever an Endangered Species Act
downlisting or delisting occurs, or whenever a listing is
otherwise no longer warranted, due in large part or in whole to
efforts funded through this program.
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 410 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 natural beauty and
wildlife, 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 is 100 years old in 2016. The
Service 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, 2016........................... $2,369,596,000
Budget estimate, 2017................................. 2,524,362,000
Recommended, 2017..................................... 2,435,047,000
Comparison:
Appropriation, 2016................................. +65,451,000
Budget estimate, 2017............................... -89,315,000
The Committee recommends $2,435,047,000 for Operation of
the National Park System (ONPS), $65,451,000 above the fiscal
year 2016 enacted level and $89,315,000 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.
Additional Guidance.--The following additional direction
and guidance is provided with respect to funding provided
within this account:
Centennial of the National Park Service.--The Centennial of
the National Park Service this year 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 remains committed to its success.
Accordingly, the Committee provides $65,451,000 in new
discretionary funding within the Operation of the National Park
System (ONPS) account to support the Centennial Initiative and
related efforts, including funds to address deferred and cyclic
maintenance needs. Specifically, the bill provides $10,672,000
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 as well
as law enforcement and visitor services operations during the
2017 Presidential Inauguration; and $2,552,000 to support
Service operations by providing increased communication
bandwidth at parks. The bill also provides within ONPS
$35,000,000 in new discretionary funding for repair and
rehabilitation projects and $15,000,000 to address cyclic
maintenance needs. These funds are supplemented by $30,000,000
provided within the Centennial Challenge matching grant program
account dedicated to supporting signature projects and programs
that provide 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 $329,078,000 for
resource stewardship. Increases above the fiscal year 2016
enacted level include $862,000 as requested to support new
responsibilities and critical needs. 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 2016 enacted bill but was not proposed in the
budget request.
Visitor Services.--The bill provides $258,516,000 for
visitor services. Increases above the fiscal year 2016 enacted
level include $3,279,000 as requested to support new
responsibilities and critical needs. 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 $358,672,000 for park
protection. Increases above the fiscal year 2016 enacted level
include $2,989,000 to support new responsibilities and critical
needs as requested.
Facility Maintenance and Operations.--The bill provides
$792,721,000 for facility maintenance and operations. Increases
above the fiscal year 2016 enacted level include $2,253,000 as
requested to support new responsibilities and critical needs.
The recommendation also includes $35,000,000 for repair and
rehabilitation projects and $15,000,000 to address cyclic
maintenance needs.
Park Support.--The bill provides $515,457,000 for park
support. Increases above the fiscal year 2016 enacted level
include $1,289,000 as requested to support new responsibilities
and critical needs and $2,552,000 to provide for increased
communication bandwidth to support operations at national
parks.
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. As of
2015, there were 10 western parks with established quagga/zebra
mussel management or prevention programs. 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 2016, 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 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.
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
three 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.
Big South Fork National River and Recreation Area.--The
Committee is pleased with recent operational improvements at
Big South Fork National River and Recreation Area. These
improvements, including increased staffing and supervisory
oversight, are showing tangible results and resulting in
enhanced visitor experiences. The Committee also recognizes the
important role that park partnerships with State and local
organizations play in promoting recreational opportunities at
the park, particularly during the Service's Centennial
celebration. As efforts continue to improve park
infrastructure, the Committee urges the Service to identify and
assess the potential costs of additional needs including year-
round bathroom facilities, campsite renovations, and other
critical park features.
Death Valley National Park.--Scotty's Castle, a historic
national landmark in Death Valley National Park, has been
closed to the public since flash floods damaged the landmark's
visitor center, museum, and nearby roads in 2015. More rain
fell in two days than normally occurs in a year resulting in
mud and debris measuring four feet thick in some areas. Repairs
are necessary to flood control berms, the facility's
electrical, sewer, and water system, and to the physical
buildings. The Committee urges the Service to provide in its
fiscal year 2018 budget justification a detailed estimate of
funds necessary to complete repairs to this iconic landmark in
a timely manner. The Committee further directs the Service to
take steps to ensure the security and protection of Scotty's
Castle, and the contents of the museum, to protect from theft
and trespassing at this historic site.
Mississippi National River and Recreation Area (MNRRA).--
The Committee directs the Service to report, within 180 days of
enactment of this Act, on progress in identifying potential
site options and associated costs for the development of a
permanent headquarters and visitor use facility at the
Mississippi National River and Recreation Area as described in
the report accompanying P.L. 114-113. The Service shall work
with government and non-government partners to determine the
feasibility of potential site options and their suitability to
support visitor use and park interpretation in accordance with
the themes as outlined in the 2014 Mississippi National River
and Recreation Area Foundation Document.
James A. Garfield Memorial.--The Committee understands that
the Service is undertaking a reconnaissance study to assess the
eligibility of the James A. Garfield Memorial at Lake View
Cemetery for designation as an affiliated area of the national
park system. The Committee supports this ongoing study and
directs the Service to complete its assessment expeditiously.
Sexual Harassment.--The Committee is concerned about a
recent report from the Department of the Interior's Inspector
General of a long-term issue of sexual harassment and a hostile
work environment at the Grand Canyon National Park's River
District. The Committee directs the Service to undertake a
thorough review of this incident and provide a report within 90
days of enactment of this Act, of the findings and specific
corrective actions needed to preclude this incident from
recurring at Grand Canyon and throughout the national park
System.
Theodore Roosevelt Island.--The Committee directs the
Service to continue working cooperatively with the Theodore
Roosevelt Association to place interpretive markers on Theodore
Roosevelt Island detailing President Roosevelt's work on issues
related to the natural world.
Biscayne National Park Marine Reserve Zone.--Biscayne
National Park (BNP) is the largest marine park in the National
Park System. In June 2015, BNP finalized an update of the
Park's 1983 General Management Plan (GMP), approving a no-
fishing marine reserve eliminating fishing and severely
restricting boating in more than 10,000 acres of the park's
most popular and productive marine waters.
The Committee joins members of the Florida congressional
delegation in expressing concern over the establishment of a
marine reserve zone or other marine protected area in State
waters of Biscayne National Park without rigorous scientific
evidence, an adaptive management approach, and clear, science-
based goals underlying its design and implementation. The
Committee is also concerned by such action being taken by the
Service over the objections of the Florida Fish and Wildlife
Conservation Commission (FWC) and affected local stakeholders
including, but not limited to, anglers and recreational
fishing- and boating-dependent businesses.
The Biscayne National Park GMP ignores recommendations and
input received from local stakeholders and the FWC through
years of public comments, public meetings, and extensive
consultation with Service and BNP officials in an attempt to
balance the need for conservation with the need for
recreational access to the park's waters. The Service's actions
also directly undermine the Fisheries Management Plan through
which the FWC worked in consultation with BNP officials in good
faith, and under which all sides agreed to ``seek out the less
restrictive management actions necessary'' to achieve fishery
management goals.
Prior to implementing fishing restrictions within Biscayne
National Park waters, the Service is directed to work to
reestablish a mutually-cooperative and productive relationship
with the Florida Fish and Wildlife Conservation Commission, as
well as other affected stakeholders, to develop a plan that
balances resource conservation with public access. Such efforts
shall assess whether utilizing less restrictive fishing
management actions could achieve similar goals for the park
under the new General Management Plan.
The Committee directs that the data and findings of the
first peer-reviewed, five-year research report summarizing
monitoring, research, and performance evaluation of the MRZ as
described in BNP's General Management Plan / Environmental
Impact Statement Record of Decision signed on August 27, 2015,
shall represent baseline conditions against which all future
research reports shall be compared. Furthermore, no fishing
restrictions shall be imposed within the MRZ until after the
public release of that first peer-reviewed, five-year research
report.
The Committee also recommends that BNP work to re-establish
a mutually-cooperative and productive relationship with the
Florida Fish and Wildlife Conservation Commission to facilitate
agreement on one or more Memoranda of Understanding (MOU) as
described in BNP's General Management Plan / Environmental
Impact Statement Record of Decision signed on August 27, 2015.
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 continue working with the
Miccosukee Tribe of Indians of Florida and relevant Federal
agencies to develop a range of options to address the water
quality issues of the L-28 canal system.
Vicksburg National Military Park.--The Committee is
concerned about erosion and soil and ground deterioration
affecting historic elements of Vicksburg National Memorial
Park, including the Texas State Memorial and the Railroad
Redoubt. The Committee urges the Service to assess on-the-
ground conditions and take all necessary steps to ensure the
park is safe for visitors and employees, and is preserved for
future generations.
American Discovery Trail.--The Committee urges the Service,
the Bureau of Land Management, and the U.S. Forest Service, in
conjunction with all relevant law, regulations, and policies,
to work with relevant and appropriate stakeholders to
facilitate installing signage for the American Discovery Trail.
Wetumpka Marine Impact Crater.--The Wetumpka Impact Crater,
located in Elmore County, Alabama, is a uniquely preserved
marine impact crater created approximately 80 million years ago
when an asteroid measuring an estimated 350 meters in diameter
struck a coastal basin under 300-400 feet of water. The crater
is widely considered to be the best preserved marine impact
crater ever discovered and one of only about six in the entire
world. Given that the crater is an extremely rare and well-
preserved geologic feature of national and international
significance, the Committee urges the Service to assess the
suitability of designating the Wetumpka Marine Impact Crater as
a National Natural Landmark.
America's First Frontier.--The Committee urges the Service
to advance interpretive efforts at existing 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 and improve visitation across
the region.
World War II Memorial.--The Committee recognizes that the
World War II Memorial is one of the most visited memorials in
our Nation's Capital. To accommodate rising visitation and
modern means of creative narrative preservation, similar to
other U.S. supported World War II memorials around the world,
the Committee urges the Department to report back within 90
days of enactment of this Act on ongoing plans to upgrade the
premises for veterans and other visitors.
Outdoor Recreation Opportunities.--The Committee encourages
the Service and the Fish and Wildlife Service to support
outdoor recreation opportunities for economically disadvantaged
communities in close proximity to national parks and national
wildlife refuges.
Arlington Memorial Bridge.--A recent inspection of the
Arlington Memorial Bridge by the Federal Highway Administration
(FHA) revealed severe deterioration that had accelerated since
a 2015 inspection. More than 68,000 vehicles traverse the
bridge between Virginia and the District of Columbia on a daily
basis. Repair and renovation costs to the bridge--the symbolic
entry to Washington, DC, as well as the gateway to Arlington
National Cemetery--are estimated at $250 million.
The National Park Service and engineers from the FHA have
been monitoring the condition of the bridge for many years,
making minor repairs as needed and recently limiting vehicle
weight to ensure safe operation. Federal inspectors have now
determined that significant structural issues including ongoing
deterioration of trunnion posts, the bascule span, and the
bridge decking must be addressed within five years or, as the
FHA concluded, the bridge will have to be closed in 2021.
More than 50 percent of the Service's $11.9 billion in
deferred maintenance needs are related to transportation assets
funded outside of this bill's jurisdiction. This includes 5,500
miles of paved roads, 7,000 miles of unpaved roads, and 1,451
bridges. The Service received $268 million for its fiscal year
2016 system-wide transportation budget as a result of the
Fixing America's Surface Transportation Act (FAST Act, P.L.
114-94) signed into law in December, 2015. The FAST Act also
established two Department of Transportation grant programs to
address large, complex, nationally significant projects like
the Memorial Bridge restoration which require non-Federal
matching dollars. The Committee understands that the Service
and the District government have submitted a grant application
seeking $150 million from the Department of Transportation for
bridge repairs.
The Memorial Bridge rehabilitation and reconstruction
effort will require the active bipartisan support of Federal,
State, and local leaders. The Committee urges the Service to
pursue coalitions and partnerships, modeled after similar
projects including the Tamiami Trail bridge project within
Everglades National Park, to leverage and secure necessary
funding to complete this critical project in a timely manner.
Sale of water in disposable, recyclable plastic bottles.--
The Committee recognizes bipartisan concerns raised over the
Director's Policy Memorandum 11-03 relating to disposable
plastic water bottle recycling and reduction. The Director's
memorandum provides national park units the option to eliminate
the sale of bottled water. The memorandum requires that
proposals for bans be based upon a rigorous written impact
analysis, considering certain specified factors relating to
health and safety, waste reduction, cost, and impacts on
concessioners. The Committee understands that 22 parks have
eliminated the sale of disposable water bottles as a result of
this policy.
The explanatory statement accompanying Division G of the
Consolidated Appropriations Act, 2016 included a directive for
the Service to report on the justification each affected
Service unit has used to ban the sale of bottled water. The
report provided to the Committee in April fails to provide
sufficient data to justify the Service's actions. In some
instances, the analysis and effects of the bottled water ban
relies on estimates and projections rather than concrete,
measurable impacts and results.
Eliminating water as a healthy choice for bottled drinks in
national parks contradicts the Service's Healthy Parks Healthy
People initiative as well as established efforts to encourage
park visitors to make healthy food and beverage choices. While
well-intentioned, the Service's policy simply defies common
sense and is not in the public interest. Bottled water,
arguably the healthiest beverage option for national park
visitors, is subject to a sales ban while sales of soft drinks,
juices, and sports drinks continue. The Committee maintains
park visitors are entitled to purchase bottled water wherever
other packaged beverages are sold in national parks.
The bill includes language prohibiting the use of funds to
eliminate the sale in national parks of water in disposable,
recyclable plastic bottles. The Committee directs the Service
to advance its stated goal of reducing the waste stream through
emphasizing to the visiting public the importance of recycling
plastic waste from all bottled beverages sold in parks.
Further, the Committee urges the Service to partner with non-
governmental entities to develop a comprehensive, effective
program that uniformly addresses plastic waste recycling
system-wide.
NDAA evaluation.--The Committee notes that the Service is
deficient in providing an evaluation as directed, not later
than 90 days after enactment of the Consolidated Appropriations
Act, 2016, of Section 3040 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015. The Committee directs the Service to complete the
evaluation expeditiously.
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 2016 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. These concerns over restrictions to access points,
trails, and reductions of allowable horsepower for motorized
vessels in certain areas of the Ozark National Scenic Riverways
merit continued examination and review by the Service. The
Service is directed to work collaboratively with affected
parties with the intent of honoring traditional access and
ensuring 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.
Historic Dairying and Ranching.--The Service is directed to
complete and implement its Ranch Comprehensive Management Plan
at the Point Reyes National Seashore in a manner that supports
historic beef and dairy ranches and natural and cultural
resources in the pastoral zone. Until the date on which new
permits or other authorizations are issued pursuant to the
Ranch Comprehensive Management Plan, the Secretary is directed
to continue to issue permits and authorizations for existing
beef and dairy ranches in the pastoral zone.
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
Committee reports, 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 renews its previous request that 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) a list of
structures the Service considers high-priority candidates for
leasing, (2) a list of structures currently under a lease
arrangement, (3) an estimate of the number of leases that have
enabled private sector investments using the Service-
administered historic tax credit, and (4) any statutory or
regulatory impediments that now inhibit the enhanced use of
leasing of historic structures.
Ford's Theater.--The Committee understands that while
Ford's Theater serves over 650,000 visitors annually, there are
many who are unable to visit the site. The Committee supports
Ford's Theater's plan to expand virtual access to the site over
the next two fiscal years by investing in digital initiatives.
Specifically, the theater plans to enhance interpretation and
accessibility through expanded wireless connectivity and
bandwidth, a new website, virtual field trips and digital
interpretive tools. These initiatives will allow Ford's Theater
to better serve and engage diverse audiences and create access
for youth and others unable to physically visit this historic
site.
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 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, 2016........................... $62,632,000
Budget estimate, 2017................................. 54,392,000
Recommended, 2017..................................... 62,632,000
Comparison:
Appropriation, 2016................................. 0
Budget estimate, 2017............................... +8,240,000
The Committee recommends $62,632,000 for national
recreation and preservation, equal to the fiscal year 2016
enacted level and $8,240,000 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 $19,821,000 for the Heritage Partnership Program
(HPP), equal to the fiscal year 2016 enacted level. These funds
support grants to local nonprofit groups in support of
historical and cultural recognition, preservation and tourism
activities. Congress has in recent years expanded from 27 to 49
the number of authorized heritage partnerships, creating
additional pressure on available grant funding. The Service, as
the administrator of the program, has developed a funding
strategy that ensures newer areas receive Federal funding to
establish themselves to a level that should eventually become
self-sufficient. 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-sufficiency. The Committee supports the Service's
efforts to allocate funding in a manner that moves all 49 areas
towards self-sufficiency.
Mormon Pioneer National Heritage Area (MPNHA).--The
Committee recognizes Snow College's Mormon Pioneer Heritage
Institute (MPHI) as the academic center for the Mormon Pioneer
National Heritage Area (MPNHA). The Service and the MPNHA are
encouraged to work cooperatively with MPHI to ensure the long-
term viability and sustainability of the MPNHA.
Maritime Heritage Preservation.--The Committee is aware of
the Service's cooperative partnership with the Maritime
Administration to promote public awareness and appreciation for
the Nation's maritime heritage, including the National Maritime
Heritage Grant Program. The Committee supports the efforts of
this grant program to advance educational efforts and address
preservation of historically significant maritime properties,
including historic battleships.
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 (ABPP) which assists in
the preservation and protection of America's battlefields
through site identification, documentation, planning,
interpretation, and educational efforts. The Committee is aware
of increased workload and associated delays in grant processing
due to the program's expansion of eligibility to sites
associated with the Revolutionary War and the War of 1812, and
has provided funds within the Land Acquisition and State
Assistance account to allow for timely review and processing of
grants.
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, 2016........................... $65,410,000
Budget estimate, 2017................................. 87,410,000
Recommended, 2017..................................... 78,410,000
Comparison:
Appropriation, 2016................................. +13,000,000
Budget estimate, 2017............................... -9,000,000
The Committee recommends $78,410,000 for historic
preservation, $13,000,000 above the fiscal year 2016 enacted
level and $9,000,000 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 $11,985,000 for Tribal Historic Preservation Offices. The
bill also provides $11,500,000 for competitive grants of which
$500,000 is for grants to underserved communities and
$11,000,000 is for competitive grants to document, interpret,
and preserve historical sites associated with the Civil Rights
Movement. The bill also includes $3,000,000 for competitive
grants to Historically Black Colleges and Universities (HBCUs)
and $5,000,000 for the Save America's Treasures competitive
grant program for preservation of nationally significant sites,
structures, and artifacts.
National Historical Preservation Program.--The Committee
recognizes the importance of enhancing the energy efficiency of
historic buildings and urges the National Park Service to
review and update its National Historical Preservation Program
guidance to simplify the process through which owners of
designated properties may undertake energy modernization
efforts.
CONSTRUCTION
Appropriation enacted, 2016........................... $192,937,000
Budget estimate, 2017................................. 252,038,000
Recommended, 2017..................................... 215,707,000
Comparison:
Appropriation, 2016................................. +22,770,000
Budget estimate, 2017............................... -36,331,000
The Committee recommends $215,707,000 for Construction,
$22,770,000 above the fiscal year 2016 enacted level and
$36,331,000 below the budget request.
Line-Item Construction.--The bill provides $129,501,000 in
funding for line-item construction projects. The amount
provided fully funds the top 20 construction projects as
prioritized by the Service in the fiscal year 2017 budget
request. Requests for reprogramming will be considered pursuant
to the guidelines contained in this Act.
Bill Language.--The Committee has maintained bill language
from prior years providing that a single procurement may be
issued which includes the full scope of the project for any
project initially funded in a fiscal year with a future phase
indicated in the Service's 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, 2016........................... -$28,000,000
Budget estimate, 2017................................. -30,000,000
Recommended, 2017..................................... -28,000,000
Comparison:
Appropriation, 2016................................. 0
Budget estimate, 2017............................... +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 2017. The Committee does not agree with
the Administration's proposal to permanently cancel the
authority.
LAND ACQUISITION AND STATE ASSISTANCE
Appropriation enacted, 2016........................... $173,670,000
Budget estimate, 2017................................. 178,248,000
Recommended, 2017..................................... 128,752,000
Comparison:
Appropriation, 2016................................. -44,918,000
Budget estimate, 2017............................... -49,496,000
The Committee recommends $128,752,000 for Land Acquisition
and State Assistance, $44,918,000 below the fiscal year 2016
enacted level and $49,496,000 below the budget request. The
recommendation includes $71,839,000 for State Conservation
Grants; $5,000,000 for the competitive Outdoor Recreation
Legacy Partnership (ORLP) grant program; and $22,500,000 for
acquisitions. Additionally, $10,000,000 is included for the
American Battlefield Protection Program (ABPP), equal to the
fiscal year 2016 enacted level and the budget request. Funds
have been provided, as requested, for ABPP grant
administration, to allow for timely review and processing of
grants. A detailed table of funding recommendations below the
account level is provided at the end of this report. Language
and direction on Land and Water Conservation Fund programs is
provided below, and in the front of this report.
The recommendation includes $1,000,000 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 Service is
directed to notify the Committee of any land acquired with
these funds.
CENTENNIAL CHALLENGE
Appropriation enacted, 2016........................... $15,000,000
Budget estimate, 2017................................. 35,000,000
Recommended, 2017..................................... 30,000,000
Comparison:
Appropriation, 2016................................. +15,000,000
Budget estimate, 2017............................... -5,000,000
The Committee has provided $30,000,000 for the Centennial
Challenge matching grant program, a key component of the
Service's Centennial Initiative. The Committee notes that the
$15,000,000 in Centennial Challenge funds provided to the
Service in fiscal year 2016 was matched with nearly $33,000,000
from more than 90 partner organizations nationwide. These funds
are now financing 69 projects to improve visitor services at
more than 63 parks in 38 States, the District of Columbia, and
the U.S. Virgin Islands. The Committee commends the Service for
its success in garnering non-Federal assistance for the
completion of these and future projects as the Service
celebrates 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 further encourages the Service to provide
consideration to Centennial Challenge projects which have a
deferred maintenance component in order to alleviate the
sizeable deferred maintenance backlog within the System. 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, 2016........................... $1,062,000,000
Budget estimate, 2017................................. 1,168,803,000
Recommended, 2017..................................... 1,080,006,000
Comparison:
Appropriation, 2016................................. +18,006,000
Budget estimate, 2017............................... -88,797,000
The Committee recommends $1,080,006,000 for Surveys,
Investigations, and Research, $18,006,000 above the fiscal year
2016 enacted level and $88,797,000 below the budget request.
The recommendation recognizes that the Survey's 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 $160,732,000 for
ecosystem programs, $2,691,000 above the fiscal year 2016
enacted level and $13,206,000 below the budget request.
Increases include $250,000, as requested, for Great Lakes
fisheries assessments and $250,000 for the invasive species
program. The recommendation provides requested funding levels
for Asian Carp control; the California Bay Delta; the
Chesapeake Bay; the Everglades; and the Great Lakes. The Survey
is expected to allocate Great Lakes Restoration Initiative
(GLRI) funds in accordance with the funding allocation
methodology used in fiscal year 2016. Additionally, the
Committee remains concerned about white-nose syndrome and
provides funds as requested for continued research on the
disease, to enhance the ability of decision makers to develop
management strategies to preserve vulnerable bat populations
and the ecosystem services that bats provide.
The Committee commends the work of the Federal Tick Borne
Disease Integrated Pest Management Workgroup, in particular its
recognition of the critical importance of better understanding
the geographical distribution of Lyme and other tick borne
diseases. The Committee requests that no later than 120 days
after enactment of this Act, USGS submit to the Committee a
report detailing progress in coordinating Federal research into
the relationship between tick prevalence and environmental
factors, including ecological changes and shifting land-use
patterns.
The Committee supports the continuation of USGS research on
understanding the prevalence of toxins in the nation's natural
bodies of water by expanding their understanding of
cyanobacteria and toxins in stream and wetland ecosystems. USGS
is encouraged to participate in interagency efforts to expedite
the development of remote sensing tools to assist with early
event warning delivered through mobile devices and web portals.
Climate and Land Use Change.--The Committee recommends
$145,975,000 for climate and land use change programs. The
Committee supports existing Landsat operations and the
accelerated launch schedule for Landsat-9 and therefore
recommends $78,194,000, $6,000,000 above the fiscal year 2016
enacted level, for the land remote sensing account. Carryover
balances from the satellite operations account should be
applied to cover anticipated costs for Landsat-9 development.
The Committee recognizes the benefits of a diverse
workforce and encourages the Department to make an effort to
diversify its workforce through outreach and recruitment
programs at Historically Black Colleges and Universities,
Tribal Colleges and Universities, and other Minority Serving
Institutions.
Energy, Mineral, and Environmental Health.--The Committee
recommends $94,511,000 for the energy, mineral and
environmental health program, equal to the fiscal year 2016
enacted level and $4,972,000 below the budget request. The
Committee applauds USGS' Open Data policy and encourages
collaborations with other Federal agencies and research
partners, as appropriate, that could utilize the Survey's
environmental health data.
Natural Hazards.--The Committee recommends $142,863,000 for
natural hazards programs, $4,024,000 above the fiscal year 2016
enacted level and $6,838,000 below the budget request.
The Committee continues to be concerned about the lack of
knowledge and real-time instrumentation available for the
Cascadia subduction zone and the potential devastation a major
earthquake would have on the West Coast. The Committee
recommends $10,200,000 for continued development, expansion,
and upgrading of the infrastructure necessary for an earthquake
early warning system.
The Committee recommends $800,000, as requested, for USGS
to assume operations of the Central and Eastern U.S. Seismic
Network (CEUSN) as a permanent part of the Advanced National
Seismic System (ANSS). The network provides greatly improved
earthquake detection and accuracy in the region that hosts most
of the Nation's nuclear power reactors, and also in areas that
have seen increased seismicity since 2009.
The Committee remains concerned that systems and equipment
used to monitor, detect and warn the public of volcano hazards,
including lahars, on high-threat volcanoes in the United States
are outdated and inadequate to address the substantial risks.
The recommendation retains the $1,000,000 increase provided to
the Volcano Hazards program in the Consolidated Appropriations
Act, 2016, to be used for necessary work on next-generation
lahar warning systems at very high threat volcanoes.
Water Resources.--The Committee recommends $216,060,000 for
water resources, $3,008,000 above the fiscal year 2016 enacted
level. The recommendation includes increases to the Water
Availability and Use Science program for the continuity and
expansion of data collection and research programs that support
water planning and decision making across all States. Requested
increases are also recommended for the Groundwater and
Streamflow Information program, and for the Enhanced
Cooperative Activities and Urban Waters initiative within the
National Water Quality program.
The Cooperative Matching Funds program is designed to bring
State, tribal, and local partners together to respond to
emerging water issues through shared efforts and funding. The
recommendation provides $60,132,000 to support this
collaboration, $2,422,000 above the fiscal year 2016 enacted
level.
Core Science Systems.--The Committee recommends
$113,833,000 for core science systems, of which $24,486,000 is
for the National Cooperative Geological Mapping program. An
increase of $2,194,000 is provided for 3-D elevation mapping
within the National Geospatial program, to include $500,000
requested for landscape level assessments of the Chesapeake
Bay.
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 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 (OCS) 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, 2016........................... $170,857,000
Budget estimate, 2017................................. 175,138,000
Recommended, 2017..................................... 169,306,000
Comparison:
Appropriation, 2016................................. -1,551,000
Budget estimate, 2017............................... -5,832,000
The Committee recommends $169,306,000 for Ocean Energy
Management, $1,551,000 below the fiscal year 2016 enacted level
and $5,832,000 below the budget request. This amount will be
partially offset with the estimated collection of rental
receipts and cost recovery fees totaling $94,944,000. The
Committee agrees to the proposed shift in receipts between BOEM
and BSEE and is monitoring the continued decline in rental
receipts. The Committee recommendation does not provide funding
for National Ocean Policy Coastal and Marine Spatial Planning.
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 (OCS). Leases in Federal waters
off the shores of California, Alaska, and the Gulf of Mexico
provide about 16 percent of the Nation's oil production and
about 5 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, 2016........................... $189,772,000
Budget estimate, 2017................................. 189,968,000
Recommended, 2017..................................... 189,968,000
Comparison:
Appropriation, 2016................................. +196,000
Budget estimate, 2017............................... 0
The Committee recommends $189,968,000 for Offshore Safety
and Environmental Enforcement as requested and $196,000 above
the fiscal year 2016 enacted level. This amount will be
partially offset with the estimated collection of offsetting
rental receipts, cost recovery fees and inspection fees
totaling $96,530,000. The Committee is monitoring the continued
decline in rental receipts and notes that the Bureau has
unobligated, unexpired carryover balances from prior years to
cover the anticipated shortfall from the loss of revenue
receipts in fiscal year 2017. These balances are sufficient to
prevent operational impacts from the shortfall in lost receipts
in fiscal year 2017. The Bureau should not expect that the
Committee will substitute increased appropriated funds for
lower offsetting collections in future years. The Bureau will
need to prioritize program activities accordingly.
OIL SPILL RESEARCH
Appropriation enacted, 2016........................... $14,899,000
Budget estimate, 2017................................. 14,899,000
Recommended, 2017..................................... 14,899,000
Comparison:
Appropriation, 2016................................. 0
Budget estimate, 2017............................... 0
The Committee recommends $14,899,000 for Oil Spill
Research, equal to the fiscal year 2016 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.
REGULATION AND TECHNOLOGY
Appropriation enacted, 2016........................... $123,253,000
Budget estimate, 2017................................. 127,550,000
Recommended, 2017..................................... 119,300,000
Comparison:
Appropriation, 2016................................. -3,953,000
Budget estimate, 2017............................... -8,250,000
The Committee recommends $119,300,000 for Regulation and
Technology, $3,953,000 below the fiscal year 2016 enacted level
and $8,250,000 below the budget request. The bill funds
regulatory grants at $68,590,000, equal to the fiscal year 2016
enacted level. The Committee continues to reject the proposal
to increase inspections and enhanced 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.
Consistent with language in the bill, the recommendation
includes reductions specified in the table at the end of this
report that are associated with activities to revise the Stream
Buffer rule. The Committee provides no funds for such
activities.
ABANDONED MINE RECLAMATION FUND
Appropriation enacted, 2016........................... $117,303,000
Budget estimate, 2017................................. 30,375,000
Recommended, 2017..................................... 117,303,000
Comparison:
Appropriation, 2016................................. 0
Budget estimate, 2017............................... +86,928,000
The Committee recommends $117,303,000 for the Abandoned
Mine Reclamation Fund equal to the fiscal year 2016 enacted
level and $86,928,000 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 2016
appropriation, and $90,000,000 shall be derived from the
General Fund.
The Committee provides a total of $90,000,000 for grants to
States for the reclamation of abandoned mine lands in
conjunction with economic and community development and reuse
goals. 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 $174 million in mandatory
payments from the Abandoned Mine Land fund in fiscal year 2017.
For fiscal year 2017, $75,000,000 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.
Consistent with fiscal year 2016 implementation, 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.
Further, the Committee believes that an incremental
approach is warranted to better understand programmatic impacts
of proposing criteria changes to the underlying law. Each State
presents unique opportunities and the Committee believes more
States can contribute to the success of the pilot. As such, the
Committee provides $15,000,000 for the next 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. The $15,000,000 shall be divided
equally among the next three States. Eligible grant recipients
for the $15,000,000 are also limited to State and local
governmental entities who may subcontract project-related
activities as appropriate. The Committee expects that the
efforts of all six States under this pilot program will inform
future policy discussions, possibly under a reauthorization of
SMCRA, which the Committee supports.
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 (AI/AN) who are enrolled members of 567 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. Almost 85
percent of all appropriations expended at the local level, and
over 62 percent of appropriations provided directly to tribes
and tribal organizations through grants, contracts, and
compacts.
In preparation for the fiscal year 2017 appropriation bill,
the Subcommittee held two days of hearings and received
testimony from over 75 witnesses on a variety of topics
pertaining to AI/AN 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 for Indian Country programs in this bill
in order to address longstanding and underfunded needs.
OPERATION OF INDIAN PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
Appropriation enacted, 2016........................... $2,267,924,000
Budget estimate, 2017................................. 2,395,786,000
Recommended, 2017..................................... 2,335,635,000
Comparison:
Appropriation, 2016................................. +67,711,000
Budget estimate, 2017............................... -60,151,000
The Committee recommends $2,335,635,000 for Operation of
Indian Programs, $67,711,000 above the fiscal year 2016 enacted
level and $60,151,000 below the budget request. Descriptions of
activities below the account level are contained in the
justification submitted to the Congress, except as otherwise
discussed below and summarized in the table at the end of this
report.
Road Maintenance.--The recommendation includes $30,000,000
for Road Maintenance, $3,217,000 above the budget request. The
Committee recognizes that only 16 percent of BIA-owned roads
and only 67 percent of BIA-owned bridges are in fair condition
or better. The increase above the budget request is intended
for BIA-owned roads and bridges in poor or failing condition,
particularly along school bus routes.
The Committee remains concerned by the BIA's substantial
road maintenance backlog, particularly as it impacts rural
tribal communities that lack adequate emergency access
corridors. The Committee directs the Secretary to submit a
report outlining the steps the BIA is taking to address the
safety and emergency access issues experienced by remote and
isolated tribal communities.
Tribal Government Program Oversight.--The recommendation
does not include the requested increases for the
Nativeonestop.gov web portal because of the already limited
funding for core tribal government programs. Indian Affairs is
encouraged to coordinate with the Grants.gov web portal, to
share costs with other Federal agencies, and to reconsider the
need to hire regional staff, before including the proposal in
the fiscal year 2018 budget request.
Social Services.--The recommendation includes $55,500,000
for Social Services, $10,321,000 above the fiscal year 2016
enacted level, in order to provide culturally-appropriate
services with the goals of empowering individuals and families
through health promotion, family stability, and strengthening
tribal communities as a whole. Indian Affairs is urged to make
services available to law enforcement officers in coordination
with the Indian Health Service.
Indian Child Welfare Act.--The recommendation includes
$18,509,000 for implementation of the Indian Child Welfare Act,
$2,868,000 above the fiscal year 2016 enacted level, in order
to keep AI/AN children in need of foster care in AI/AN
communities wherever possible.
Rights Protection Implementation.--The recommendation
includes $40,161,000 as requested for rights protection
implementation, $2,523,000 above the fiscal year 2016 enacted
level, in order to meet Federal court litigated and mitigated
responsibilities in the conservation and management of fish and
wildlife resources.
The Committee supports the Bureau of Indian Affairs'
efforts to address the resiliency needs of tribal communities
by working to address threats to public safety, natural
resources, and sacred sites. The Committee is particularly
concerned about coastal tribal communities and Alaska Native
Villages that face severe challenges to their long-term
resilience. Consistent with the Federal government's treaty and
trust obligations, the Committee directs the Bureau of Indian
Affairs to work with at-risk tribes to identify and expedite
the necessary resources to support mitigation and relocation
efforts.
Forestry.--The Department of the Interior is encouraged to
promote and expand the use of agreements with Indian tribes to
protect Indian trust resources from catastrophic wildland fire,
insect and disease infestation, or other threats from adjacent
Federal lands, as authorized by law.
Water Resources.--The recommendation includes $10,450,000
for Water Resources, $83,000 above the fiscal year 2016 enacted
level, of which $390,000 is to continue the Seminole and
Miccosukee water study, as requested.
Fish, Wildlife, and Parks.--The recommendation includes
$14,414,000 for Fish, Wildlife, and Parks, $768,000 above the
fiscal year 2016 enacted level.
Trust--Real Estate Services.--The recommendation includes
$121,192,000 for Trust--Real Estate Services, $6,294,000 below
the fiscal year 2016 enacted level, including the proposed
reduction of $6,893,000 for completion of the Klamath River
program. Indian Affairs is directed to recognize the Yakama
Indian Nation's tribal boundary as the boundary established by
the State of Washington and the Congress.
The Committee directs the Bureau of Indian Affairs (BIA) to
have no outstanding title conveyance requests older than 12
months, including those that have been initially rejected by
the Land Titles and Record Offices for insufficient or
incorrect documentation, by September, 2017. The Committee
expects an update on the status of outstanding conveyances by
September, 2017 and a report on what the BIA will be changing
in their operations policy to ensure these backlogs and
documentation related rejections do not occur in the future.
Public Safety and Justice.--The recommendation includes
$384,730,000 for Public Safety and Justice, $7,307,000 above
the fiscal year 2016 enacted level, and $11,270,000 above the
budget request. Criminal investigations and police services are
increased by $3,064,000 above the budget request to continue
reducing the disparity in the number of patrol officers per
population size in Indian Country, as compared to the Nation as
a whole. Other program increases include $1,000,000 for
detention/corrections and $2,600,000 for tribal courts, as
requested. The $8,211,000 proposed reduction to tribal justice
support has been restored. Indian Affairs is urged to improve
officer safety by eliminating radio tower communications dead
zones.
For the purpose of addressing the needs of juveniles 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. Indian Affairs is
further urged to provide mental health and substance abuse
services when needed by juvenile and adult detainees and
convicted prisoners.
The Committee recommends $1,000,000 to support the
development of a Cultural Items Unit within the Division of Law
Enforcement tasked with investigating violations of the Native
American Graves Protection and Repatriation Act (NAGPRA) (25
U.S.C. 3001 et seq.), and related law. Although domestic laws
such as NAGPRA can be enforced to address the theft of tribal
cultural items with both criminal and civil penalties, without
active Federal support, tribes are left only to do what they
each can independently afford to do to stop the theft and sale
of their cultural items. Therefore, the Committee supports the
BIA in developing the capacity to coordinate investigations of
violations of NAGPRA and related law.
Community and Economic Development.--The recommendation
includes $42,844,000 as requested for Community and Economic
Development, $2,225,000 above the fiscal year 2016 enacted
level, for job placement and training, competitive pay rates in
oil and gas programs, and legal infrastructure to encourage
credit and other capital transactions. Indian Affairs is
encouraged to submit a budget request for fiscal year 2018 for
the next phase of the energy office.
Executive Direction and Administrative Services.--The
recommendation includes $231,784,000 for executive direction
and administrative services, $12,170,000 below the budget
request, and includes the $1,300,000 program increase for
safety inspections. Indian Affairs is directed to complete
annual health and safety inspections of all BIE system
facilities, and to submit quarterly updates on the status of
such inspections to the Congress.
Bureau of Indian Education (BIE).--The Committee recommends
$892,886,000 for BIE system operations and maintenance,
$40,519,000 above the fiscal year 2016 enacted level and
$19,544,000 below the budget request. The recommendation
largely supports the budget request, except where discussed
below. 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 BIE system is undergoing a major transformation, in
direct response to these reports, in order to meet the changing
needs of schools now that most schools are tribally-run, and in
order to improve accountability. With the concurrence of
elected tribal leaders and major intertribal organizations, the
Committee continues to support this transformation. By the end
of fiscal year 2017, all of the education-related
responsibilities under Indian Affairs, including procurement,
human resources, budget and finance, and BIE facilities
operations, maintenance, and inspections, should be
consolidated under the BIE, which should be led by an
experienced and proven superintendent selected from a pool of
qualified candidates inside and outside the BIE system.
The recommendation includes $14,201,000 as requested for
education program enhancements, of which $5,000,000 is for
language immersion demonstration grants.
The recommendation includes $3,000,000 for the development
and operation of tribal departments or divisions of education
(TEDs) as authorized by 25 U.S.C. 2020, $1,000,000 above the
fiscal year 2016 enacted level and the budget request. TEDs are
instrumental in helping tribes build the capacity to oversee
the high quality and culturally appropriate education of tribal
members.
The recommendation includes $57,245,000 as requested for
Student Transportation, $4,103,000 above the fiscal year 2016
enacted level. The BIE is urged to oversee and report on the
safety of school bus routes.
The recommendation includes $19,659,000 as requested for
the Family and Child Education (FACE) program, $4,039,000 above
the fiscal year 2016 enacted level. The BIE is directed to
conduct an annual review of the FACE program and to publish its
findings in order to improve program direction and
transparency.
The recommendation fully funds tribal grant support costs
at $75,335,000, as requested, $2,059,000 above the fiscal year
2016 enacted level. Fully funding these costs is consistent
with the policy of fully funding contract support costs, and is
instrumental for tribal control of more BIE-system schools.
The recommendation includes $125,262,000 as requested for
facilities operations and maintenance. The BIE should combine
the two program elements into one, recalculate the annual
estimated need according to industry standards, and report any
estimated shortfall in future budget justifications.
The recommendation includes $14,778,000 for the Johnson-
O'Malley (JOM) program, equal to the fiscal year 2016 enacted
level. The Committee continues to encourage the BIE and tribal
partners to establish a regular and accurate student count so
that future appropriations more accurately reflect the increase
and distribution of the eligible student population. The
Committee directs the Bureau, in consultation with tribal
leaders and in coordination with the Department of Education
and the Census Bureau, to examine the feasibility of using U.S.
Census or National Center for Education Statistics data to
provide the JOM student count. The Committee requests that a
report be provided to Congress, tribal leaders, and existing
JOM contractors no later than September 30, 2017, that (i) uses
this data to estimate the number of potentially eligible Indian
students, and (ii) proposes a process to reconcile this data
with information from eligible contracting entities and tribal
enrollment to determine funding distributions.
The recommendation does not include the proposed program
increase for broadband access. Without question, high speed
internet access is essential for student success and economic
development in modern society. However, the Government
Accountability Office recently identified tribal internet
access as an area of fragmentation, overlap, or duplication
(GAO 16 375SP). Indian Affairs is urged to coordinate with
larger, existing broadband access programs funded by the
Federal Communications Commission and the U.S. Department of
Agriculture.
The BIE is encouraged to coordinate with the Indian Health
Service to integrate preventive dental care and mental health
care at schools within the BIE system.
The recommendation continues bill 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 recognizes that level funding and increasing
enrollment has resulted in steadily decreasing funding for
Tribal Colleges and Universities (TCUs) on a per student basis.
Therefore, the Committee directs the Bureau to articulate a
process in the fiscal year 2018 congressional budget
justification to annually fund TCUs on a per Indian student
basis, as authorized under the Tribally Controlled Colleges &
Universities Assistance Act in 1978 (P.L. 95-471), and to
compare that funding to the authorized level of $8,000 per
student.
CONTRACT SUPPORT COSTS
Appropriation enacted, 2016........................... $277,000,000
Budget estimate, 2017................................. 278,000,000
Recommended, 2017..................................... 278,000,000
Comparison:
Appropriation, 2016................................. +1,000,000
Budget estimate, 2017............................... 0
The Committee recommends $278,000,000 for Contract Support
Costs, $1,000,000 above the fiscal year 2016 enacted level and
equal to the budget request.
Bill Language.--The recommendation continues bill language
making available for two years such sums as are necessary to
meet the Federal government's full legal obligation, and
prohibiting the transfer of funds to any other account for any
other purpose. Language addressing contract funds that go
unspent in a given fiscal year is discontinued.
CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
Appropriation enacted, 2016........................... $193,973,000
Budget estimate, 2017................................. 197,017,000
Recommended, 2017..................................... 197,017,000
Comparison:
Appropriation, 2016................................. +3,044,000
Budget estimate, 2017............................... 0
The Committee recommends $197,017,000 for Construction, as
requested, $3,044,000 above the fiscal year 2016 enacted level.
Details are contained in the justification submitted to the
Congress, except as otherwise discussed below.
Education.--The recommendation includes $138,257,000 as
requested for education construction, of which $45,504,000 is
for campus-wide replacement, $11,935,000 is for component
facilities replacement, $7,567,000 is for employee housing
repair, and $73,251,000 is for facilities improvement and
repair.
The Committee recognizes the School Facilities &
Construction Negotiated Rulemaking Committee was established
under Public Law 107-110 for the equitable distribution of
funds. Appropriations in this bill for campus-wide replacement
are limited to the 10 schools selected via the rulemaking
committee process and published by Indian Affairs on April 5,
2016 (www.bia.gov/WhoWeAre/AS-IA/OFECR/index.htm). The BIE
should submit a similar list for facilities with the fiscal
year 2018 budget request.
Looking ahead beyond the completion of the schools and
component facilities on such lists, the Committee remains
concerned that the current approach to construction focuses on
only a subset of schools and requires those schools to submit
applications and compete for the funding. A more comprehensive,
long-term planning approach is needed for every campus and
component facility in the BIE system, modeled after the
Department of Defense Education Activity. Indian Affairs is
therefore directed to publish a report on the status of its
education construction program no later than one year after the
date of enactment of this Act. The report shall include, at a
minimum:
(1) A comprehensive list of all current BIE schools
and a quality assessment of each school's facilities
(including dormitories and employee housing),
indicating where facilities are nonexistent,
undersized, or otherwise inadequate to support
education and associated wellness programs including
native language and other cultural programs;
(2) A comprehensive list, which shall incorporate
student enrollment projections as well as space for
language and other cultural programming, of all
construction projects and costs required to bring
entire school campuses and component facilities up to
industry standards and eliminate temporary facilities;
(3) An estimate of the total annual sustainment,
restoration, and modernization funds required to
maintain the facilities of each BIE school up to code
and in good condition; and
(4) A complete accounting of the process and status
of facilities health, safety, and condition
inspections.
The Committee recognizes the tremendous costs needed to
bring and maintain all BIE schools up to code and in good
condition, and the futility of doing so in a reasonable
timeframe with funds provided solely via this annual
appropriation. The Committee continues to look for innovative
ways to leverage this appropriation with other sources of
Federal financing, such as existing tax credits, in order to
more quickly replace the substandard facilities throughout the
BIE system. To that end, the bill includes a general provision
in Title I, which builds upon the President's proposal to
reconstitute the National Fund for Excellence in American
Indian Education (Fund).
The Title I general provision would reconstitute the Fund
as a federally chartered corporation affiliated with a
501(c)(3) national organization whose mission is to represent
Native American students and educators for the improvement of
schools and the education of Native children. The Fund would be
authorized to leverage a portion of the annual construction
appropriation with philanthropic donations of funds and
property, and with other sources of Federal financing such as
Qualified School Construction Bonds, New Markets Tax Credits,
historical tax credits, and Federal grant programs.
Public Safety and Justice.--The Committee is concerned that
Indian Affairs' focus on alternatives to incarceration has come
at a cost to justice facilities construction. Indian Affairs,
in coordination with the Department of Justice, is therefore
urged to consider including with its fiscal year 2018 budget
request a legislative proposal for a joint venture
demonstration program for regional justice centers, similar to
the Shoshone-Bannock Tribes' Justice Center, and modeled after
the joint venture program for Indian health facilities.
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO
INDIANS
Appropriation enacted, 2016........................... $49,475,000
Budget estimate, 2017................................. 55,155,000
Recommended, 2017..................................... 49,025,000
Comparison:
Appropriation, 2016................................. -450,000
Budget estimate, 2017............................... -6,130,000
The Committee recommends $49,025,000 for Indian Land and
Water Claim Settlements and Miscellaneous Payments to Indians,
$450,000 below the fiscal year 2016 enacted level and
$6,130,000 below the budget request. The recommended level
enables Indian Affairs to meet statutory deadlines of all
authorized settlement agreements to date. Indian Affairs is
directed to submit an allocation plan to the Committee within
90 days of enactment of this Act.
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, 2016........................... $7,748,000
Budget estimate, 2017................................. 7,757,000
Recommended, 2017..................................... 8,757,000
Comparison:
Appropriation, 2016................................. +1,009,000
Budget estimate, 2017............................... +1,000,000
The Committee recommends $8,757,000 for the Indian
Guaranteed Loan Program Account, $1,009,000 above the fiscal
year 2016 enacted level and $1,000,000 above the budget
request. The Indian Guaranteed Loan Program is the most
effective Federal program tailored, dedicated to, and capable
of facilitating greater access to private capital for Indian
tribes and Indian-owned economic enterprises.
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 (ONNR) 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, 2016........................... $721,769,000
Budget estimate, 2017................................. 278,376,000
Recommended, 2017..................................... 749,422,000
Comparison:
Appropriation, 2016................................. +27,653,000
Budget estimate, 2017............................... +471,046,000
The Committee recommends $749,422,000 for Departmental
Operations, $27,653,000 above the fiscal year 2016 enacted
level and $471,046,000 above the budget request. Increases
above the fiscal year 2016 enacted level include $225,000 for
equipment associated with monitoring classified computers and
communication devices supporting the Office of the Secretary
and the intelligence community in light of ongoing terrorist
threats to national icons; $110,000 to support the Indian Arts
and Crafts Board's law enforcement and investigation
activities; $968,000 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
$480,000,000 to fully fund the Payments in Lieu of Taxes (PILT)
program for fiscal year 2017. The Office of Valuation Services
is funded at $10,000,000.
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.
San Joaquin River.--The Committee directs the Secretary to
carefully weigh the anticipated benefits of the Bureau of
Reclamation's forthcoming plan for the Upper San Joaquin River
prior to making a decision regarding a Wild and Scenic River
designation for a portion of the river.
Rights-of-Way.--The Committee is concerned that the
Department of the Interior Solicitor General has reinterpreted
long-standing policy and precedent regarding rights-of-way and
directs the Department to engage all interested entities to
reach a reasonable resolution to the issue.
Royalty Policy Committee.--The Committee believes the
Royalty Policy Committee plays an important role in determining
Federal royalty rates and product valuation regulations and
directs the Secretary to reconstitute the Royalty Policy
Committee as chartered prior to its lapse in 2014 within 30
days of enactment of this Act.
Bill Language.--The Committee has included bill language
providing full funding for the Payments in Lieu of Taxes (PILT)
program for fiscal year 2017 and a new administrative provision
regarding the Solicitor General's memorandum of November 4,
2011. The bill does not include language authorizing the
establishment of the Department of the Interior Experienced
Services Program. The Committee urges the Department to work
with the authorizing committees of jurisdiction to achieve the
goals of this program.
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, 2016........................... $86,976,000
Budget estimate, 2017................................. 99,399,000
Recommended, 2017..................................... 86,976,000
Comparison:
Appropriation, 2016................................. 0
Budget estimate, 2017............................... -12,423,000
The Committee recommends $86,976,000 for Assistance to
Territories, equal to the fiscal year 2016 enacted level and
$12,423,000 below the budget request. A detailed table of
funding recommendations below the account level is provided at
the end of this report.
Regional Biosecurity Plan (RBP) for Micronesia and
Hawaii.--The Committee recognizes that the Office of Insular
Affairs is supportive of proposed actions contained within the
RBP. The Office is directed to include with its fiscal year
2018 budget request a summary of the Office's role in the
development and implementation activities of the RBP. The
report should include a table of upcoming fiscal year
activities, and, if applicable, estimates of funding to be used
or needed for planned activities.
COMPACT OF FREE ASSOCIATION
Appropriation enacted, 2016........................... $16,465,000
Budget estimate, 2017................................. 3,318,000
Recommended, 2017..................................... 3,318,000
Comparison:
Appropriation, 2016................................. -13,147,000
Budget estimate, 2017............................... 0
The Committee recommends $3,318,000 for Compact of Free
Association, $13,147,000 below the fiscal year 2016 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 2017. 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, 2016........................... $65,800,000
Budget estimate, 2017................................. 69,448,000
Recommended, 2017..................................... 65,800,000
Comparison:
Appropriation, 2016................................. 0
Budget estimate, 2017............................... -3,648,000
The Committee recommends $65,800,000 for salaries and
expenses of the Office of the Solicitor, equal to the fiscal
year 2016 enacted level and $3,648,000 below the budget
request.
Office of Inspector General
SALARIES AND EXPENSES
Appropriation enacted, 2016........................... $50,047,000
Budget estimate, 2017................................. 55,911,000
Recommended, 2017..................................... 50,047,000
Comparison:
Appropriation, 2016................................. 0
Budget estimate, 2017............................... -5,864,000
The Committee recommends $50,047,000 for salaries and
expenses of the Office of Inspector General, equal to the
fiscal year 2016 enacted level and $5,864,000 below the budget
request.
The Committee is concerned about the recent report from the
Inspector General of a longterm issue of sexual harassment and
a hostile work environment at the Grand Canyon National Park's
River District. To assure this problem is being adequately
addressed and improved practices and operating procedures are
instituted, the Committee directs the Inspector General to
conduct a follow up audit no later than March 31, 2017, to
determine the status of actionable facts, and to report back to
the Committee on how the National Park Service is moving
forward to respond and remedy these very serious concerns.
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, 2016........................... $139,029,000
Budget estimate, 2017................................. 140,379,000
Recommended, 2017..................................... 139,029,000
Comparison:
Appropriation, 2016................................. 0
Budget estimate, 2017............................... -1,350,000
The Committee recommends $139,029,000 for Federal trust
programs, equal to the fiscal year 2016 enacted level and
$1,350,000 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 $943,945,000 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, 2016........................... $816,745,000
Budget estimate, 2017................................. 824,624,000
Recommended, 2017..................................... 851,945,000
Comparison:
Appropriation, 2016................................. +35,200,000
Budget estimate, 2017............................... +27,321,000
The Committee recommends $851,945,000 for Wildland Fire
Management at the Department of the Interior, $35,200,000 above
the fiscal year 2016 enacted level and $27,321,000 above the
budget request. The detailed allocation of funding for these
accounts is included in the table at the end of this report.
Wildland Fire Preparedness.--The Committee recommends
$332,784,000 for Wildland Fire Preparedness, $9,099,000 above
the fiscal year 2016 enacted level and equal to the budget
request. The Department should immediately notify the
Committees on Appropriations if it appears that funding
shortfalls may limit needed firefighting capacity.
Wildland Fire Suppression.--The Committee recommends
$302,701,000, for Wildland Fire Suppression, $11,028,000 above
the fiscal year 2016 enacted level and $26,410,000 above the
budget request.
Fuels Management.--The Committee recommends $180,000,000
for the Fuels Management program, $10,000,000 above the fiscal
year 2016 enacted level and $30,911,000 above the budget
request.
The Committee encourages the Department to increase cross-
boundary collaboration through the Fuels Management Program,
particularly with State Foresters and private sector
organizations, in efforts to reduce hazardous fuels in high
fire risk landscapes and to prioritize projects that work
across ownership boundaries in landscapes, particularly those
areas identified as priorities in State Forest Action Plans.
Burned Area Rehabilitation.--The Committee recommends
$20,470,000 for the Burned Area Rehabilitation program,
$1,500,000 above the fiscal year 2016 enacted level and equal
to 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 aware many National Guard installations
have excellent resources, including land, for training National
Guardsmen hand crews for seasonal firefighting and could
support additional fire line training on their installations.
The Committee encourages the Department to consider conducting
joint fire training missions, where appropriate, with the
National Guard.
The Committee supports the Department's continuing
evaluation of unmanned aerial systems to support wildland fire
operations and is aware of the successful firefighting
demonstration performed by an unmanned helicopter at an
unmanned aircraft tehnology demonstration in October 2015. The
Committee requests that the Department provide a report to
coincide with the fiscal year 2018 budget request regarding its
plans and recommendations for the use of unmanned aerial
systems.
FLAME Wildfire Suppression Reserve Fund
(INCLUDING TRANSFER OF FUNDS)
Appropriation enacted, 2016........................... $177,000,000
Budget estimate, 2017................................. 0
Recommended, 2017..................................... 92,000,000
Comparison:
Appropriation, 2016................................. -85,000,000
Budget estimate, 2017............................... +92,000,000
The Committee recommends $92,000,000 for the FLAME Wildfire
Suppression Reserve Fund, $85,000,000 below the fiscal year
2016 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, 2016........................... $10,010,000
Budget estimate, 2017................................. 13,513,000
Recommended, 2017..................................... 10,010,000
Comparison:
Appropriation, 2016................................. 0
Budget estimate, 2017............................... -3,503
The Committee recommends $10,010,000 for the Central
Hazardous Materials Fund, equal to the fiscal year 2016 enacted
level and $3,503 below the budget request. The Committee
understands that BLM, in coordination with EPA and the Alaska
Department of Environmental Conservation, is still in the
process of developing proposed plans for remediation at Red
Devil Mine and therefore does not recommend additional funds at
this time.
Natural Resource Damage Assessment and Restoration
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
Appropriation enacted, 2016........................... $7,767,000
Budget estimate, 2017................................. 9,229,000
Recommended, 2017..................................... 7,767,000
Comparison:
Appropriation, 2016................................. 0
Budget estimate, 2017............................... -1,462,000
The Committee recommends $7,767,000 for the Natural
Resource Damage Assessment Fund, equal to the fiscal year 2016
enacted level and $1,462,000 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, 2016........................... $67,100,000
Budget estimate, 2017................................. 111,524,000
Recommended, 2017..................................... 67,100,000
Comparison:
Appropriation, 2016................................. 0
Budget estimate, 2017............................... -44,424,000
The Committee recommends $67,100,000 for the Working
Capital Fund, equal to the fiscal year 2016 enacted level and
$44,424,000 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 allowing the Bureau of
Indian Affairs and Bureau of Indian Education to more
efficiently and effectively perform reimbursable work.
Section 114 prohibits the use of funds to change the status
of sage-grouse under the Endangered Species Act and to prohibit
funds to implement Federal Resource Management Plans unless
certain criteria are met.
Section 115 addresses Solicitor Opinion M-37025, dated
November 4, 2011.
Section 116 reconstitutes the National Fund for Excellence
in American Indian Education for the purposes of supplementing
annual appropriations to the Bureau of Indian Education with
other Federal and private funds.
Section 117 addresses National Heritage Areas.
Section 118 expands conservation fish hatcheries.
Section 119 directs the Secretary to reissue two final
rules removing recovered wolves in Wyoming and the Great Lakes
from the endangered species list.
Section 120 prohibits the use of funds to develop, carry
out, or implement proposed regulations published on July 7,
2015, or any changes to regulations published on June 30, 1983.
Section 121 prohibits the use of funds to implement,
administer, or enforce a National Park Service policy to
eliminate the sale of water in disposable, recyclable bottles
in national parks.
Section 122 prohibits the use of funds to finalize the
BLM's proposed rule titled Waste Prevention, Production Subject
to Royalties, and Resource Conservation.
Section 123 prohibits the use of funds to list in the
National Register of Historic Places property deemed crucial to
national security and military training.
Section 124 prohibits the use of funds to change
regulations for drilling margins and downhole mud weight as of
April 1, 2015.
Section 125 prohibits the implementation of a final rule
for federally recognizing Indian tribes.
Section 126 modifies 50 CFR 14.92(a)(1) to include
echinoderms commonly known as sea urchins and sea cucumbers.
Section 127 prohibits the use of funds for the Bureau of
Offshore Energy Management to issue, finalize, or implement a
rule until certain criteria are met.
Section 128 addresses land taken into trust between 1934
and February 24, 2009.
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, as amended.
Federal Insecticide, Fungicide, and Rodenticide Act, as
amended.
Toxic Substances Control Act, as amended.
Clean Water Act [Federal Water Pollution Control Act], as
amended.
Federal Food, Drug and Cosmetic Act, as amended.
Ocean Dumping Act [Marine Protection, Research, and
Sanctuaries Act of 1972], as amended.
Oil Pollution Act of 1990.
Safe Drinking Water Act [Public Health Service Act (Title
XIV)], as amended.
Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act.
Clean Air Act, as amended.
Great Lakes Legacy Act of 2002.
Bioterrorism Preparedness and Response Act of 2002.
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), as amended.
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 2017, the Committee recommends
$7,976,018,000 for the Environmental Protection Agency,
$163,869,000 below the fiscal year 2016 enacted level and
$291,181,000 below the budget request. Comparisons to the
budget request and 2016 enacted levels are 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.
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, 2016........................... $734,648,000
Budget estimate, 2017................................. 754,184,000
Recommended, 2017..................................... 720,072,000
Comparison:
Appropriation, 2016................................. -14,576,000
Budget estimate, 2017............................... -34,112,000
The bill provides $720,072,000 for Science and Technology,
$14,576,000 below the fiscal year 2016 enacted level and
$34,112,000 below the budget request. The Committee recommends
that $15,496,000 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:
Research: Air, Climate and Energy.--The Committee
recommends $88,282,000 and does not include funding for
proposed additional hydraulic fracturing activities or for the
Mission Innovation commitment.
Research: Chemical Safety and Sustainability.--The
Committee recommends $132,265,000 and fully funds the request
for computational toxicology. The Committee supports EPA's
computational toxicology research activities to advance the
next generation of risk assessment methods to enable
integration of tiered toxicity evaluation strategies, advanced
high throughput molecular biological assays and computational
methods with exposure information to support risk-based
decisions for prioritization and screening.
Within the funds provided, $1,000,000 shall be used to
contract with the National Academy of Sciences (NAS) to conduct
the peer review of the revised draft IRIS assessment of
formaldehyde. The NAS shall ensure that all recommendations and
concerns raised in the April 2011 report of the NAS are fully
resolved scientifically in the revised draft assessment.
Further, the Committee does not accept the proposed $872,000
reduction for endocrine disruptor research.
Research: National Priorities.--The bill provides
$5,000,000 which shall be used for extramural research grants,
independent of the Science to Achieve Results (STAR) grant
program, to fund high-priority water quality and availability
research by not-for-profit organizations who often partner with
the Agency. Because these grants are independent of the STAR
grant program, the Agency should strive to award grants in as
large an amount as is possible to achieve the most
scientifically significant research. Funds shall be awarded
competitively with priority given to partners proposing
research of national scope 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 $5,000,000 for the Agency
to further research on oil and gas development in the
Appalachian Basin, of which $3,500,000 is available for
extramural funding. The Committee encourages the Agency to work
with the energy producing industry to explore technology to
curtail fugitive emissions within the context of this research
project.
Research: Safe and Sustainable Water Resources.--The
Committee recommends $107,434,000, equal to the fiscal year
2016 enacted level. The Committee rejects the proposed
reductions for water quality and drinking water system
research, and the Agency shall allocate funds consistent with
fiscal year 2016. The Committee supports planned activities in
fiscal year 2016 to install a mobile pipe loop rig in the Flint
drinking water treatment plant to examine lead release from
pipes and evaluate lead mitigation strategies and corrosion
control efforts. The Committee looks forward to the findings.
Further, the Committee believes augmenting drinking water
supplies through artificial or enhanced recharge into aquifers
could represent a cost-effective way of increasing the
availability of water. Enhanced Aquifer Recharge (EAR) also
represents a key practice for the management and restoration of
ecosystems. EAR may involve the use/injection of treated
drinking water, treated wastewater or collected storm water.
However the most promising systems have focused on the use of
surface water diversion during high flow periods. Therefore,
the Committee directs EPA research efforts to establish a best
practices approach for EAR, and to the extent feasible,
coordinate with other Federal research efforts in this area.
Additional Guidance.--The Committee has included the
following additional guidance with respect to funding provided
under this account:
Integrated Risk Information System (IRIS) and other
assessments.--At least six critical recommendations from the
National Academy of Sciences (NAS) have yet to be implemented
including objective evaluation of the strengths and weaknesses
of critical studies, the need for weight of evidence evaluation
and integration, and clearer rationale for selecting studies to
calculate toxicity values. Additionally, the NAS identified
specific concerns that need to be addressed when evaluating the
hazards of formaldehyde. The Committee believes it is essential
for the NAS to peer review the revised draft assessment of
formaldehyde to verify whether EPA has addressed all previous
recommendations.
In addition, for all draft or final EPA risk assessments
issued in fiscal year 2017, the Committee directs the Agency to
provide clear criteria for judging the quality of all key
studies and to provide a description of how all evidence will
be integrated, based on its strengths and weaknesses, in
advance of releasing any future draft assessments. When
evaluating the potential carcinogenic effects of substances,
the Agency shall also present non-linear modeling approaches.
Consistent with EPA's Risk Characterization Handbook (EPA,
2002), draft and final hazard and exposure assessments,
produced by EPA offices, should also include the distribution
of estimated hazards, exposures, or risks, including central
tendency values.
Water Security Test Bed.--Both for fiscal year 2017 and in
future budget requests, the Committee recommends that EPA
include adequate funding for advancing full scale applied
research and testing capabilities to address threats to
drinking water and drinking water infrastructure.
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, 2016........................... $2,613,679,000
Budget estimate, 2017................................. 2,852,893,000
Recommended, 2017..................................... 2,527,470,000
Comparison:
Appropriation, 2016................................. -86,209,000
Budget estimate, 2017............................... -325,423,000
The bill provides $2,527,470,000 for Environmental Programs
and Management, $86,209,000 below the fiscal year 2016 enacted
level and $325,423,000 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:
Clean Air and Climate.--The Committee recommends
$248,108,000 which is $25,000,000 below the fiscal year 2016
enacted level and $92,866,000 below the budget request. The
Committee rejects $39,738,000 in requested increases for
implementation of greenhouse gas regulations, methane
regulations and to disqualify products under the Significant
New Alternatives Policy. Further, the amount provided does not
include funding for EPA's greenhouse gas rules for stationary
sources, including efforts to develop Federal Implementation
Plans while the Supreme Court has stayed the regulations. The
Committee is concerned that EPA continues to expend funds on
related activities despite the Supreme Court ordered stay on
the regulations. These funds would be better used to address
the backlog of State Implementation Plans that EPA has yet to
approve. As such, within the funds provided, the Committee
includes $3,000,000 to enhance the efficiency and effectiveness
of both preconstruction and operating permitting programs.
Environmental Protection: National Priorities.--The bill
provides $15,000,000 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 on a
national or multi-State regional basis, $13,500,000 for grants
to qualified not-for-profit organizations, including
organizations authorized by Section 1442(e) of the Safe
Drinking Water Act (42 U.S.C. 300j-1(e)(8)), for the sole
purpose of providing on-site training and technical assistance
for water systems in rural or urban communities. The Agency is
also directed to provide $1,500,000 for grants to qualified
not-for-profit organizations for technical assistance for
individual private well owners, with priority given to
organizations that currently 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 $409,709,000. 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 2016 enacted level
and $50,000,000 above the budget request. The Agency shall
continue to follow the direction as provided in House Report
112-589. In addition, as EPA distributes funds across the five
focus areas, tribal related activities shall be maintained at
not less than the fiscal year 2016 level. Further, the
Committee supports ongoing work to reduce the growth of harmful
algal blooms.
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.
Long Island Sound.--The Committee recommends $10,000,000,
$6,060,000 above the fiscal year 2016 enacted level and
$7,107,000 above the budget request.
Indoor Air and Radiation.--The Committee recommends
$29,148,000, $1,511,000 above the fiscal year 2016 enacted
level. The recommendation includes no funding for the uranium
and thorium mill tailings (Part 192) rulemaking. The Committee
encourages EPA to withdraw this rulemaking and work with State
regulators, the Nuclear Regulatory Commission, and the uranium
recovery industry to collect sufficient data to determine
whether updates are needed to the existing generally applicable
standards.
Using the increase provided herein for fiscal year 2017,
the Administrator shall take the following actions to meet the
increased demand for radon services as a result of the National
Radon Action Plan:
(1) establish criteria for recognition of national
proficiency certification programs that use ongoing
performance review processes, with provision for
discontinuation of certifications for cause, to ensure
the effectiveness of private firms and individuals
offering radon-related measurement and mitigation
services utilizing consensus American National
Standards; recognize qualified programs; and encourage
States to require certification by qualified programs;
(2) promote and encourage train-the-trainer courses
in radon measurement, radon mitigation, and radon
resistant new construction for qualified entities and
certifying organizations;
(3) recognize consensus American National Standards
that conform to OMB Circular A-119 and the Technology
Transfer Act (P.L. 104-113) and support their
completion and adoption; and
(4) support dialogues with organizations responsible
for developing national model building codes, and
respective authorities within States or political
subdivisions, to add up-to-date methods of reducing
radon in new buildings to model building code
requirements.
Information Exchange/Outreach.--The Committee recommends
$115,440,000. The recommendation provides $43,638,000 for
Congressional, Intergovernmental, and External Relations. From
within this amount, $2,200,000 has been provided for the
Administrator's Immediate Office. The bill provides $4,235,000
for the Office of Congressional and Intergovernmental
Relations, which is $4,000,000 below the budget request. The
Committee is acutely aware that a backlog of responses to
congressional letters, informal questions, and questions for
the record exists as member offices have requested the
Committee's assistance to obtain answers. The consistent lack
of responsiveness to congressional inquiries has been a
pervasive concern raised at oversight hearings throughout the
year and the pattern suggests a systematic approach to
hindering congressional oversight.
Legal/Science/Regulatory/Economic Review.--The Committee
recommends $89,234,000 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
$482,751,000. 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 cost or contract needs. This practice invalidates Agency
estimates of fixed cost needs and further calls into question
the Agency's management of funds.
Water: Ecosystems.--The Committee recommends $47,788,000.
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 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
$21,065,000 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: Human Health Protection.--The Committee recommends
$100,507,000 which is $2,000,000 above the fiscal year 2016
enacted level. The recommended level provides a $2,000,000
increase to support technical assistance activities related to
integrated planning, which will be increasingly necessary as
States and communities evaluate drinking water systems for lead
contamination issues and pipe replacement.
Water Quality Protection.--The Committee recommends
$212,516,000 which is $2,099,000 above the fiscal year 2016
enacted level. In addition, the recommended level provides
funding for the urban waters program, as requested. The
Committee supports the proposed budget realignment of
$2,200,000 to the new WIFIA account to support increased water
infrastructure investment. The recommended level provides a
$4,299,000 increase to support activities related to integrated
planning, which will be increasingly necessary as States and
communities evaluate water systems for lead contamination
issues and pipe replacement. Further, the Committee is aware
that more than one quarter of the U.S. population relies on
onsite-decentralized systems to treat wastewater. The Committee
urges the Agency to designate additional technical assistance,
resources and expertise toward onsite wastewater recycling
issues within the Decentralized Wastewater Program.
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 2015 and 2016 funding was used, by account,
program area, and program project. Each activity funded should
include a justification for the effort and any anticipated
results.
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. The Committee encourages EPA
to expedite and support the development, review, and
registration of antimicrobial compounds that may lead to a
treatment and cure for infected trees. Given the precipitous
drop of citrus production, and the fact that no cure for the
disease has been identified to date, the Committee directs EPA
to use its resources to expedite review and approval of any
treatment for this disease. Further, EPA should continue to
prioritize and support ongoing research at land-grant colleges
and universities. Where appropriate, the EPA should facilitate
timely approval of USDA research in antimicrobial treatments
and pesticide regimens.
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.
Disproportionate Impacts for Small Refineries.--Division D
of the Consolidated Appropriations Act, 2016 provided direction
that the Department of Energy may recommend to the
Administrator a 50 percent waiver under 211(o)(9)(B) of the
Clean Air Act. Under regulations promulgated by EPA, a small
refinery may petition the Administrator for an extension of its
small refinery exemption, based on disproportionate economic
hardship, at any time (40 CFR 80.1441(e)(2)). Under those
regulations the Administrator shall act on small refinery
petitions not later than 90 days after the date of receipt of
the petition. The Administrator is reminded that
disproportionate hardship does not require a finding that the
refiner or refinery is no longer profitable. Small refinery
profitability does not justify a disproportionate regulatory
burden where Congress has explicitly given EPA authority, in
consultation with the Secretary, to reduce or eliminate this
burden. Disproportionate impact may occur from several site
specific factors which make it more difficult or expensive to
meet the required volumes, or from a lack of blending
infrastructure available to the refinery.
Where the refiner or refinery shows a disproportionate
economic hardship based on site specific factors and where the
Secretary of Energy recommends to EPA that a waiver, in partial
or full, is warranted, the Committee finds the Administrator
has the necessary authority to grant a partial waiver. Should
the Administrator disagree with a waiver recommendation from
the Secretary of Energy, either to approve or deny, the Agency
shall provide a report to the Committee on Appropriations and
to the Secretary of Energy that explains the Agency position.
Such report shall be provided 10 days prior to issuing a
decision on a waiver petition.
Exempt Aquifers.--Protecting underground sources of
drinking water while ensuring robust economic development is of
critical importance to the Committee. Existing criteria and
procedures for aquifer exemptions under EPA's Underground
Injection Control (UIC) regulations for all classes of
injection wells are sufficiently flexible to address new and
changed circumstances, including the development of significant
new information regarding what can or cannot reasonably be
expected to serve as a source of drinking water. The Committee
believes that amendments to these criteria are not necessary or
warranted for purposes of processing any pending or proposed
applications. EPA is directed to work within the existing UIC
regulatory framework, in a collaborative manner with the
States, the energy producing industry, and all other
stakeholders that rely on UIC operations, to promptly review
and process all aquifer exemption applications submitted to the
Agency, including applications for Class II injection by
permit, to ensure robust oil and natural gas production in the
States, and promote associated economic development and
national security benefits, while simultaneously continuing to
protect the Nation's underground sources of drinking water.
Consistent with EPA's Guidance for Review and Approval of
State UIC Programs and Revisions to Approved State Programs,
GWPB Guidance #34, aquifer exemption applications involving
underground injection authorized by permit shall not be
processed as substantial program revisions, provided the
injection is occurring into aquifers that meet the criteria for
an exemption set forth in 40 CFR 146.4 (as in effect on April
1, 2016), and the recommendations of key State resource
agencies are taken in account. Notwithstanding the foregoing,
the following aquifer exemption categories may be processed as
substantial program revisions, irrespective of authorization by
permit, to ensure consistency with GWPB Guidance #34 and 40 CFR
144.7(d), respectively: (1) exemptions involving Class I
injection into aquifers containing water less than 3,000 mg/l
TDS; and (2) exemptions involving expansion of the areal extent
of Class II aquifer exemptions for the purpose of Class VI
injection.
Interagency Consultations.--The U.S. Department of
Agriculture (USDA) has a robust history of collecting and
analyzing data related to agricultural economics and the
environmental impact of farming practices upon the environment,
including crop protection and pest management. Several
provisions in the Federal Insecticide, Fungicide, and
Rodenticide Act require USDA and EPA to consult and coordinate
together. Given the Department's expertise, the Committee
directs EPA to consult with the USDA experts on regulatory
decisions impacting America's farmers.
Lead Test Kit.--The Committee fully supports activities by
EPA, States, contractors and homeowners that result in the safe
and proper reduction of lead paint in homes. The Committee
believes it is incumbent upon contractors to be fully trained,
certified and knowledgeable about the risks related to lead
exposure especially for children and at-risk populations. It is
imperative that EPA and the States continue to make those
training opportunities readily available and easily accessible
along with improved outreach to build awareness for homeowners
during renovations. As the Committee follows EPA's
implementation of the rule, the Committee raised concerns in
fiscal year 2012 that EPA had not been meeting demand by
offering the necessary volume and accessibility to training
based upon training locations and dates offered. As such, EPA
was required to adjust implementation and enforcement deadlines
in the rule. In 2009, EPA stipulated that an in-home test kit
could be developed along certain parameters that would allow
contractors to quickly and efficiently identify whether lead
paint was present during a renovation. EPA set a standard that
has been unattainable to date, and redirects homeowners to
solutions such as laboratory testing that are more costly and
delay renovations. Those are the appropriate alternatives
within the regulatory void that EPA has created, and those
costs must be factored into EPA's cost/benefit analysis for the
rulemaking. Further, the Committee notes that EPA's enforcement
of paperwork violations has little effect on whether children
have been exposed to lead paint. Therefore, the Committee finds
the overall intent of the rule to have merit, but EPA's
implementation and standards therein must be revisited via a
formal comment period.
Pharmaceutical Drug Incinerators.--The Committee
understands that there are numerous mobile incinerators used
for the purpose of destroying unwanted pharmaceuticals in
conjunction with sanctioned drug take-back events. Many of
these mobile incinerators, while once in use, currently do not
meet the standards that EPA is utilizing to regulate these
unique incinerators. Although EPA acknowledges that unwanted
pharmaceuticals are not classified as hazardous waste, the
Committee understands that EPA is regulating them as such.
These standards are designed for the regulation of large
hazardous waste treatment storage and disposal facilities, and
not for the regulation of small-scale units such as these
mobile incinerators. This misclassification results in an
overly burdensome permitting process and the application of an
unattainable standard, unsuitable for these small units. The
Committee notes that the Centers for Disease Control (CDC) has
characterized the abuse and misuse of opioids as a national
epidemic, and therefore encourages EPA to consider the benefits
of mobile incinerators to rural communities, reassess the cost
and environmental impact of transporting large quantities of
unwanted pharmaceuticals long distances to be incinerated, and
re-examine the applicable regulations under the Resource
Conservation and Recovery Act with respect to mobile
incinerators.
Restrictions on Certain Communications.--On December 14,
2015, the Government Accountability Office (GAO) concluded that
EPA, in association with its Waters of the United States
rulemaking, violated prohibitions against publicity or
propaganda and grassroots lobbying contained in appropriations
Acts. Because EPA expended funds in violation of these
prohibitions, the GAO further concluded that EPA violated the
Antideficiency Act. The Committee has yet to see any related
documentation, as required by law, and directs EPA to submit
such paperwork immediately, and coordinate with the Office of
Management and Budget in accordance with the Consolidated
Appropriations Act, 2016 directives.
In addition, the Committee is also aware that the Inspector
General is investigating the use of EPA funds to support
billboards and other advertisements. This appears to be part of
an alarming trend where EPA engages in funding advocacy efforts
against the very entities it is seeking to regulate. EPA cannot
systematically choose when it wishes to follow the law and when
it does not. The Committee reminds EPA that funding may not be
used in a manner contrary to Section 401 of this bill.
Science Advisory Board.-- For fiscal year 2017, the Agency
shall only use scientific and technical information and data
that is publicly available to justify proposing, finalizing or
disseminating any risk assessment or regulation so as to allow
for independent analysis, verification, reproduction, and
inquiries of research results by the general public. The
Administrator shall ensure that the evaluation of research by
the Science Advisory Board (SAB) includes a detailed summary
regarding the ability to reproduce the results of the reviewed
research and whether the research contains a detailed analysis
of all uncertainties. Further, the Administrator shall ensure
that every SAB review panel substantively addresses each
technical, scientific, and associated comment received during
any stage of the SAB review process. The Administrator shall
only officially accept responses to SAB charge questions when
the SAB has responded to all questions.
State Water Quality Standards.--The Committee finds that
EPA should support States proposing Clean Water Act standards
using a science-based approach, which utilizes a methodology
for deriving water quality criteria for the protection of human
health that has been publicly vetted and scientifically peer
reviewed, that have incorporated public comment regarding human
health criteria for fish consumption, where the standards are
based on EPA's most recent guidance. Failure to accept such
State proposals runs contrary to the underlying principles of
the Clean Water Act that support cooperative Federalism.
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 directs the Agency to engage
the U.S. Department of Agriculture, farmers, farm workers,
industry and other interested organizations as it implements
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, 2016........................... $3,674,000
Budget estimate, 2017................................. 7,433,000
Recommended, 2017..................................... 3,178,000
Comparison:
Appropriation, 2016................................. -496,000
Budget estimate, 2017............................... -4,255,000
The bill provides $3,178,000, which is $496,000 below the
fiscal year 2016 enacted level and $4,255,000 below the budget
request. 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.
The Committee notes that funds provided herein for fiscal year
2017 fulfill EPA's requests for amounts to complete the system
design and build.
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, 2016........................... $41,489,000
Budget estimate, 2017................................. 51,527,000
Recommended, 2017..................................... 41,489,000
Comparison:
Appropriation, 2016................................. 0
Budget estimate, 2017............................... -10,038,000
The bill provides $41,489,000, equal to the fiscal year
2016 enacted level and $10,038,000 below the budget request. In
addition, the Committee recommends $8,778,000 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 EPA.
Further, the Committee directs the Inspector General to
provide a report by July 1, 2017, that describes existing EPA
policy, procedure and training regarding sexual harassment at
the Agency and any policy and process changes it has made. The
Committee also directs the Office of the Inspector General to
continue to provide oversight of the Agency's civil rights and
EEO activities.
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, 2016........................... $42,317,000
Budget estimate, 2017................................. 52,078,000
Recommended, 2017..................................... 34,467,000
Comparison:
Appropriation, 2016................................. -7,850,000
Budget estimate, 2017............................... -17,611,000
The bill provides $34,467,000, which is $7,850,000 below
the fiscal year 2016 enacted level and $17,611,000 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, 2016........................... $1,088,769,000
Budget estimate, 2017................................. 1,128,989,000
Recommended, 2017..................................... 1,115,929,000
Comparison:
Appropriation, 2016................................. +27,160,000
Budget estimate, 2017............................... -13,060,000
The bill provides $1,115,929,000 for the Hazardous
Substance Superfund program which is $27,160,000 above the
fiscal year 2016 enacted level and $13,060,000 below the budget
request.
Superfund Cleanup.--The Committee recommends $751,722,000.
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 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.
Gold King Mine.--The Committee understands the EPA and the
State are currently working through the process to add the Gold
King mine and other nearby sites to the National Priorities
List. In the interim, EPA continues to maintain and operate a
temporary water treatment plant. Using funds provided herein,
the Administrator shall maintain and operate the temporary
water treatment plant to treat contaminated flows in the area,
but only to the capacity of the plant. The Committee believes
any long-term solution should be consistent with a site
remediation plan following the addition to the National
Priorities List. The Committee understands that such plan will
take time to develop and directs the EPA to so maintain and
operate the temporary water treatment plant until a more
permanent water treatment solution is developed.
Sediment Report.--The Committee is aware that the
Government Accountability Office is auditing EPA's cleanup of
contaminated sediment sites under the Superfund program. EPA
was directed to provide a report within 90 days of enactment of
the Consolidated Appropriations Act, 2016 regarding the
Agency's compliance with the Contaminated Sediment Guidance.
The Committee directs the Agency to complete and submit the
report expeditiously.
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 Tank (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, 2016........................... $91,941,000
Budget estimate, 2017................................. 94,285,000
Recommended, 2017..................................... 94,605,000
Comparison:
Appropriation, 2016................................. +2,664,000
Budget estimate, 2017............................... +320,000
The bill provides $94,605,000 for the Leaking Underground
Storage Tank (LUST) Trust Fund Program, $2,664,000 above the
fiscal year 2016 enacted level and $320,000 above 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, 2016........................... $18,209,000
Budget estimate, 2017................................. 25,410,000
Recommended, 2017..................................... 18,079,000
Comparison:
Appropriation, 2016................................. -130,000
Budget estimate, 2017............................... -7,331,000
The bill provides $18,079,000 for the Inland Oil Spill
program, $130,000 below the fiscal year 2016 enacted level and
$7,331,000 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, 2016........................... $3,518,161,000
Budget estimate, 2017................................. 3,280,400,000
Recommended, 2017..................................... 3,370,729,000
Comparison:
Appropriation, 2016................................. -147,432,000
Budget estimate, 2017............................... +90,329,000
The bill provides $3,370,729,000 for the State and Tribal
Assistance Grants account, $147,432,000 below the fiscal year
2016 enacted level and $90,329,000 above the budget request.
The Committee provides the following additional detail by
program area:
Infrastructure Assistance.--The Committee has appropriated
more than $25 billion for water and wastewater infrastructure
assistance since 2009, and notes that more than $6 billion is
currently revolving in the system and available for drinking
water and wastewater infrastructure loans in fiscal year 2016.
Nevertheless, little progress has been made to reduce the known
water infrastructure gap. The Committee believes that EPA and
the States must aggressively 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
infrastructure 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 fiscal year 2017, the
Committee is providing greater investment for drinking water
needs. To the extent possible, States should give greater
weight to projects on State Intended Use Plans that would
remove lead pipes from existing infrastructure.
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 provided additional
authority to allow States to provide debt relief in areas with
elevated lead levels in drinking water.
Brownfields Program.--The bill provides $80,000,000 for
brownfields grants and directs that at least 10 percent of such
grants be provided to areas in which at least 20 percent of the
population has lived under the poverty level over the past 30
years as determined by the 1990 and 2000 censuses and the most
recent Small Area Income and Poverty Estimates.
Diesel Emissions Reductions Grants (DERA).--The bill
provides $100,000,000 for DERA grants. More than 10 million
older, heavily polluting diesel engines remain in use that have
yet to be retrofitted, repowered, or replaced, and over one
million are expected to remain in use in 2030. For fiscal year
2017, the Committee directs EPA to continue to make at least 70
percent of DERA grants available to improve air quality in non-
attainment areas.
Targeted Airshed Grants.--The bill provides $40,000,000 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 as well as the
top five areas based on the 24-hour particulate matter 2.5
standard where the design values exceed the 35 g/m3 standard.
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 2017, EPA should provide a report to the Committees
on Appropriations that includes a table showing how fiscal year
2016 and 2017 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 $1,058,229,000.
Public Water System Supervision.--The recommendation
includes $109,700,000 as requested which is $7,737,000 above
the fiscal year 2016 enacted level. These additional resources
are critical for State oversight of drinking water systems,
particularly as more communities confront the challenges
associated with lead in drinking water.
Radon.--The Committee continues to support State radon
program 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. The
Committee provides $8,051,000, equal to the fiscal year 2016
enacted level, and directs that EPA award priority to State
applicants that have adopted or seek to adopt radon building
codes for single family homes, conduct programs providing radon
awareness and education for homebuyers, or have certification
requirements according to national consensus standards for
radon measurement and mitigation professionals: $3,500,000 to
promote radon awareness through health care providers and
medical professionals, cancer control plans, child care
providers, and real estate transactions; $1,000,000 to inform
local school systems about radon exposure risk in schools and
to provide sample school testing and mitigation plans
consistent with national consensus standards; and $3,551,000 to
offer training and technical support on radon measurement and
mitigation according to national consensus standards for radon
testers, mitigators and home inspectors, and radon-resistant
new construction techniques and best practices for home
builders and building code officials. 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 or local adoption may have merit.
Water Infrastructure Finance and Innovation Program
Appropriation enacted, 2016........................... 0
Budget estimate, 2017................................. 20,000,000
Recommended, 2017..................................... 50,000,000
Comparison:
Appropriation, 2016................................. +50,000,000
Budget estimate, 2017............................... +30,000,000
The bill provides $50,000,000 for the Water Infrastructure
Finance and Innovation Act (WIFIA) Program, $50,000,000 above
the fiscal year 2016 enacted level and $30,000,000 above the
budget request. The Committee notes that $2,200,000 had
previously been provided in other accounts for staffing and
administrative needs in order to establish the program. The
Committee concurs with the consolidation of those resources
into this new account. From within the amount provided, the
Committee directs $5,000,000 to assist with the administrative
expenses for the WIFIA program. With these funds, the Committee
expects that EPA will be well positioned to issue loans for the
first time in fiscal year 2017.
Greater investment in the replacement of aging
infrastructure will help mitigate nationwide issues the
Committee is tracking related to contaminants such as lead and
arsenic, help address Combined Sewer Overflows and Sanitary
Sewer Overflows, and allow systems to improve water delivery
for residents. Of the recommended amount, $45,000,000 is
provided for direct loan subsidization which may translate into
a potential loan capacity of $3 billion to $5 billion to
eligible entities for water infrastructure projects. The
Committee intends to closely monitor implementation in fiscal
year 2017.
Administrative Provisions
(INCLUDING TRANSFER 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 clarifying
policies related to biomass emissions.
The Committee has included bill language clarifying
policies and related to the ongoing reviews for aquifer
exemptions.
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. The Forest Service celebrated its centennial in
2005.
Forest Service Challenges.--The Forest Service is presently
facing some of its greatest historical challenges. These
include invasive species, regional drought and watershed
degradation, fuel buildups and severe wildland fires, habitat
fragmentation, and devastating outbreaks of insects and
disease. More than 58 million acres (nearly one-third) of
Forest Service lands are at high or very high risk of severe
wildfire. At this time, there are 29 million dead and dying
trees, the result of a severe four-year drought and insect and
disease infestation, in California. One estimate calculates
that up to 120 million trees in California are at risk of
dying. This is 20 percent of the State's total. Many of these
acres are at risk for catastrophic wildland fire.
To help the Service address these challenges, the Committee
provides an increase of $15,000,000 for forest management
programs; $25,000,000 for the forest products program; and
$20,000,000 for hazardous fuels treatments. The Committee also
removes the limitation on funding for hazardous fuels
treatments and provides a categorical exclusion for forest
management activities, on 3,000 acres or less, to address
insect or disease infestation; reduce hazardous fuel loads;
protect a municipal water source; maintain, enhance, or modify
critical habitat to protect it from catastrophic disturbances;
or increase water yield.
The Service is directed to aggressively work to improve the
health of the forests in California and around the Nation,
using all available authorities and strategies. The Service
also is directed to increase its collaboration with the State
of California, other States, and partners to address the forest
health crisis before it worsens, putting lives and property at
risk of catastrophic wildland fire.
The Committee directs the Service to use the best available
science that takes into account historical fire data, landscape
characteristics, and forest composition as well as the effects
of past and current human influences, such as development and
land-use patterns, and climatic conditions to identify the
highest priority areas for hazardous fuel reduction and forest
health and management treatments.
Forest Service Accounting, Budgeting, and Management.--The
Committee believes the Service does not manage and track its
budget to an adequate level of detail. In an effort to improve
the Service's practices, the Committee has included bill
language and directives to increase transparency and confidence
in the Service's management of its programs and activities.
The bill includes a new administrative provision requiring
the Service to report 30 days after the close of each quarter,
through the Office of Budget and Program Analysis, its current
and prior year unobligated balances to the House and Senate
Committees on Appropriations. The Service is directed to
provide this report for all mandatory and discretionary funds,
including receipts and permanent appropriations.
As noted elsewhere in this report, the Interior,
Environment, and Related Agencies Appropriations bill for
fiscal year 2017 includes reprogramming guidelines in bill
language. The Committee expects the Service to follow the
letter and spirit of the reprogramming requirements and directs
the Service to submit requests to the House and Senate
Appropriations Committees through the Office of Budget and
Program Analysis.
In fiscal year 2016 and prior fiscal years, most of the
Service's discretionary accounts were provided without a
fiscal-year limitation. This bill assigns fiscal-year
limitations to all accounts. This modification will require
funds to be tracked by year, budget line item, and account and
encourage the Service to expeditiously award contracts, settle
reimbursable agreements, and conduct forest management
activities.
To help support integrated restoration planning and project
implementation, the Committee expands the Integrated Resource
Restoration (IRR) pilot to Regions 2 and 5. The goal of IRR is
to support greater integration and prioritization of the forest
restoration program, increase the flexibility of the regions in
the pilot to focus on high-priority projects, and to create
budgetary and implementation efficiencies. While budgetary and
implementation efficiencies have not yet been realized, the
Committee believes that providing national forests the
flexibility to identify and focus on high-priority projects
will ultimately improve forest health and better support the
communities that rely on the forests.
Under the IRR pilot, budget line items are combined to
allow flexibility for planning and restoration projects. In
order to allow for appropriate oversight of spending, the
Committee directs the Service to track and report funding by
budget line item at the regional level for all regions included
in the pilot. Further, the Committee encourages the Service to
implement the positive outcomes, such as integrated planning
and budgeting, improved priority-setting, and greater
cooperation between the forests and regions, of the IRR pilot
throughout the National Forest System and to continue to
improve integrated performance measures.
Fiscal Year 2018 Budget Request.--The Committee appreciates
the Service's work to provide project statements showing total
available funding, including mandatory and discretionary funds;
justifications of increases and decreases; and classifications
of objects for each account in its fiscal year 2017 budget
request and directs the Service to provide the same information
in greater detail in the fiscal year 2018 budget request. The
Committee encourages the Service to work with the Office of
Budget and Program Analysis to conform its budget requests to
those of other Department of Agriculture agencies and offices.
Harassment-free Workplace.--Forest Service employees have
the right to a harassment-free workplace, and the Committee
recognizes the efforts the Service has taken to address past
concerns. The Committee directs the Service to provide a report
by July 1, 2016, that describes in detail the policy and
process changes it has made. The report should be made
available to the public. The Committee also directs the Office
of the Inspector General to continue to provide oversight of
the Service's civil rights and EEO activities.
Indian Trust Lands.--The Service is encouraged to promote
and expand the use of agreements with Indian tribes to protect
Indian trust resources from catastrophic wildfire, insect and
disease infestation or other threats from adjacent Federal
lands, as authorized by law.
Invasive Forest Pests.--The Committee is concerned about
the threat of invasive forest pests and recognizes that more
than 58,000,000 acres of the Nation's forests are at risk. The
Committee encourages the Service to continue its work to assess
future risks, control existing threats, research and develop
new control methods, and improve the health of forest
ecosystems.
Knutson-Vandenberg Program.--The Committee is concerned
that the Service is not fully utilizing the Knutson-Vandenberg
fund as authorized by 16 U.S.C. 576b, including the amendments
made by this Committee in P.L. 109-54, to accomplish important
restoration activities with funds generated from timber sales.
The Service is directed to fully utilize this authority and
limit the deduction of any agency overhead cost pools to fund
personnel of the responsible Ranger District for the planning
and implementation of activities authorized and funded under
the Act.
FOREST AND RANGELAND RESEARCH
Appropriation enacted, 2016........................... $291,000,000
Budget estimate, 2017................................. 291,982,000
Recommended, 2017..................................... 291,982,000
Comparison:
Appropriation, 2016................................. +982,000
Budget estimate, 2017............................... 0
The Committee recommends $291,982,000 for Forest and
Rangeland Research, $982,000 above the fiscal year 2016 enacted
level and equal to the budget request.
Forest Inventory and Analysis (FIA).--The Committee
recommends $77,000,000 for the FIA program, $2,000,000 above
the fiscal year 2016 enacted level and equal to 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 Service. The 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 recommends
$19,200,000, as requested, for the Forest Products Lab and its
programs, including $5,200,000 for the Engineered Properties
and Structures research program.
Northern Long-Eared Bat.--The Committee is encouraged by
the Service's research, in partnership with private landowners,
State agencies and nonprofit organizations that successfully
treated northern long-eared and other bats for white-nose
syndrome and strongly urges the Service to continue this
important effort.
Urban Forest Research.--The Committee encourages the
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 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 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.
Wood Products.--Mass timber and other wood products, when
appropriately used in the construction of buildings and other
infrastructure, have been shown to withstand wind, seismic and
other natural forces. The Committee acknowledges that these
products should be considered for inclusion in any
categorization of resilient products by the U.S. Department of
Agriculture and other Federal agencies.
Forest Carbon Research.--The Committee encourages the
Service to work with other U.S. Department of Agriculture
agencies and offices to establish the methods and tools needed
to quantify forest carbon as a resource.
Water, Air, and Soil Research.--The Committee notes that
the Service's research program has the potential to improve air
quality monitoring technologies and air quality data and
encourages the Service to collaborate with other Federal
agencies and research partners in this field.
Post-fire Treatment Report.--The Committee directs the
Service to provide a report within 60 days of enactment of this
Act regarding its salvage operations. The report should
include, by fire and year for the past 10 years, the number of
acres of Forest Service land burned by high-severity fires; the
number of severely burned acres proposed for salvage harvest;
the number of acres on which salvage harvest was actually
performed; and the length of time between the fire being
declared contained and 1) the completion of the NEPA process
proposing and analyzing a salvage operation; 2) offer of timber
sale or stewardship contract to perform a salvage operation;
and 3) the number and outcome, if any, of legal proceedings
against a proposed salvage operation.
Technical Report Update.--The Committee requests that the
Service update General Technical Report PNW-GTR-486 regarding
the environmental effects of post-fire logging during fiscal
year 2017.
Research Program Report.--The Service is directed to update
the report provided to the House and Senate Committees on
Appropriations that describes its research program in detail.
The report should be transmitted as part of the fiscal year
2018 budget request. It should include information on each
research laboratory, including their relationship to the
research stations, their goals and purpose, the funding
provided for each of the previous five fiscal years, the
funding proposed to be provided in fiscal year 2018, the
allocation of funding between research and administrative
costs, the allocation of funding and projects between in-house
and extramural research, and the number of scientists and
support staff. The report also should include similar
information for each research station.
Bill Language.--The Committee provides three-year spending
authority for this account.
STATE AND PRIVATE FORESTRY
Appropriation enacted, 2016........................... $237,023,000
Budget estimate, 2017................................. 234,004,000
Recommended, 2017..................................... 244,038,000
Comparison:
Appropriation, 2016................................. +7,015,000
Budget estimate, 2017............................... +10,034,000
The Committee recommends $244,038,000 for State and Private
Forestry, $7,015,000 above the fiscal year 2016 enacted level
and $10,034,000 above the budget request.
Landscape Scale Restoration.--The Committee recommends
$14,000,000 for Landscape Scale Restoration, equal to the
fiscal year 2016 level and $9,513,000 below the budget request.
The Committee supports continuing to use the majority of
these resources for interstate competitive processes and
recommends these projects address national and State priorities
as identified in State Forest Action Plans.
Forest Health Management.--The Committee recommends
$114,600,000 for Forest Health Management, $15,000,000 above
the fiscal year 2016 enacted level and $22,540,000 above the
budget request. As noted elsewhere in this report, the
additional funds are provided to address severe insect and
disease conditions, particularly in Forest Service Region 5. An
additional $10,000,000 is provided for Federal forest lands,
and an additional $5,000,000 is provided for cooperative lands.
Forest Stewardship Program.--The Committee recommends
$22,398,000 for the Forest Stewardship Program, $638,000 below
the fiscal year 2016 enacted level and equal to the budget
request.
The Committee continues to encourage the Service to focus
the program on the priorities identified in the State Forest
Action Plans, to use program resources for the most efficient
strategies for accomplishing results, to leverage collaborative
public-private efforts, and to engage landowners to address
priority resource concerns, especially landowners who are not
currently engaged in active management.
Forest Legacy.--The recommendation includes $55,000,000 for
Forest Legacy. Not later than the start of the fiscal year, the
Service is directed to notify the Committee of any changes to
proposed project costs or viability.
The Committee is concerned that unobligated balances may be
accumulating in the Forest Legacy account. Accordingly, the
Committee directs that future budget justifications include a
table of Forest Legacy projects that have received
appropriations for the last three fiscal years. The table
should include: project name, State, fiscal year funds were
appropriated, amount of funds appropriated, funds spent to
date, and project status (completed, ongoing, or no longer
viable). If a project is ongoing, the table should include an
estimated close-out year. If the project is no longer viable,
the table should include a short explanation of why and when
the determination was made.
Community Forest and Open Space Conservation.--The
Committee recommends $2,000,000 for Community Forest and Open
Space Conservation, equal to the fiscal year 2016 enacted level
and the budget request.
Urban and Community Forestry.--The Committee recommends
$28,040,000 for Urban and Community Forestry, equal to the
fiscal year 2016 enacted level and $4,354,000 above the budget
request.
International Forestry.--The Committee recommends
$8,000,000 for International Forestry, equal to the fiscal year
2016 enacted level and the budget request.
Bill Language.--The Committee provides two-year spending
authority for this account, except for the Forest Legacy
Program, which will continue to be available until expended.
NATIONAL FOREST SYSTEM
(INCLUDING TRANSFER OF FUNDS)
Appropriation enacted, 2016........................... $1,509,364,000
Budget estimate, 2017................................. 1,500,996,000
Recommended, 2017..................................... 1,531,443,000
Comparison:
Appropriation, 2016................................. +22,079,000
Budget estimate, 2017............................... +30,447,000
The Committee recommends $1,531,443,000 for the National
Forest System, $22,079,000 above the fiscal year 2016 enacted
level and $30,447,000 above the budget request.
Integrated Resource Restoration.--The Committee supports
the continuation of the pilot project established in the fiscal
year 2012 Interior, Environment, and Related Agencies
conference report, and expands it to include Regions 2 and 5.
In order to expand IRR nationwide, the Committee must see
demonstrable results from the program, including management
efficiencies, tangible accomplishments, and accountability
prior to the consideration of expanding IRR nationwide.
Land Management Planning, Inventory and Monitoring.--The
Committee recommends $36,998,000 for Land Management Planning
and $147,998,000 for Inventory and Monitoring. The Committee
does not accept the proposed merging of the Land Management
Planning and Inventory and Monitoring line items.
The Committee is aware that the Service, Bureau of
Reclamation and others worked together during fiscal year 2016
to initiate a multi-year study to generate new knowledge to
quantitatively establish the co-benefits of forest management
practices in the Sierra Nevada that could potentially generate
water supply and other benefits to the Central Valley Project
and the State Water Project. The Committee supports the
Service's continued participation, through the Western
Watershed Enhancement Partnership program, in the analysis of
science-based fuel reductions that are mutually beneficial to
national forest health and water supply yield and, if merited,
recommendations for further congressional action.
Recreation, Heritage and Wilderness.--The Committee
recommends $263,942,000 for Recreation, Heritage and
Wilderness, $2,223,000 above the fiscal year 2016 enacted level
and equal to the budget request. Of the funds available to
Manage Recreation Operations, $750,000 shall be for the
maintenance of rural airstrips. The Committee requests a report
on the funding allocated to rural airstrips in fiscal years
2015 and 2016 and 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 programs.
The Committee again directs the Service to conduct the
appropriate analysis regarding any lands that could be
incorporated into the Tahoe National Forest and reminds the
Service of the importance of engaging 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 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.
The Committee reminds the Service of the importance of
making the national forests as accessible as possible to the
American people and requests that the Service work with States,
local officials, communities, and partners as it implements the
travel analysis process.
Grazing Management.--The Committee recommends $56,856,000
for Grazing Management, equal to the fiscal year 2016 enacted
level and $6,856,000 above the budget request. The Committee
rejects the proposal to increase fees for grazing.
The Committee encourages the 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 $384,805,000 for
Forest Products, $25,000,000 above the fiscal year 2016 enacted
level and the budget request.
The Committee believes timber sales are a vital component
of forest health. The budget request assumes 3.2 billion board
feet of timber volume will be sold in fiscal year 2017. The
Committee's recommended increase is intended to support timber
sales of 4 billion board feet.
Vegetation and Watershed Management.--The Committee
recommends $184,716,000 for Vegetation and Watershed
Management, equal to the fiscal year 2016 enacted level and the
budget request.
The Committee encourages the Service to establish a pilot
program to promote voluntary vegetation management along
electric transmission and distribution rights-of-way to reduce
the threat of catastrophic wildfire.
Wildlife and Fisheries Habitat Management.--The Committee
recommends $140,466,000 for Wildlife and Fisheries Habitat
Management, equal to the fiscal year 2016 enacted level and the
budget request.
Collaborative Forest Landscape Restoration Fund.--The
Committee recommends $40,000,000, for the Collaborative Forest
Landscape Restoration Fund, equal to the fiscal year 2016
enacted level and the budget request.
The Committee recognizes the need to ensure forest
resiliency and support multiple uses on national forest lands.
The Committee urges the Service to incorporate a variety of
landscapes, including wet forests, as it develops future
projects for the Collaborative Forest Landscape Restoration
Program.
Minerals and Geology Management.--The Committee recommends
$75,069,000 for Minerals and Geology Management, $1,354,000
below the fiscal year 2016 enacted level and equal to the
budget request.
The Committee expects that the 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
$71,440,000 for Landownership Management, $6,290,000 below the
fiscal year 2016 enacted level and equal to the budget request.
Law Enforcement Operations.--The Committee recommends
$129,153,000 for Law Enforcement Operations, $2,500,000 above
the fiscal year 2016 enacted level and $2,477,000 below 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. As such, the Committee provides
$2,500,000 to remediate cultivation sites. 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.
Bill Language.--The Committee provides two-year spending
authority for this account and includes the following bill
language 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 421, allowing the Forest
Service to renew grazing permits; Section 422, extending the
Federal Lands Recreation Enhancement Act for one year; Section
428, prohibiting the use of appropriated funds to close areas
open to recreational hunting and shooting as of January 1,
2013; Section 432, making available vacant allotments for
permittees affected by drought or wildfire; Section 433,
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).
CAPITAL IMPROVEMENT AND MAINTENANCE
(INCLUDING TRANSFER OF FUNDS)
Appropriation enacted, 2016........................... $364,164,000
Budget estimate, 2017................................. 343,280,000
Recommended, 2017..................................... 364,164,000
Comparison:
Appropriation, 2016................................. 0
Budget estimate, 2017............................... +20,884,000
The Committee recommends $364,164,000 for Capital
Improvement and Maintenance, equal to the fiscal year 2016
enacted level and $20,884,000 above the budget request.
Facilities Maintenance and Construction.--The Committee
recommends $71,390,000 for Facilities Maintenance and
Construction, equal to the fiscal year 2016 enacted level and
$210,000 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 $172,094,000 for Road Maintenance and Construction,
equal to the fiscal year 2016 enacted level and $22,094,000
above the budget request. Specifically, the Committee
recommends $145,454,000 for road maintenance and $26,640,000
for road construction.
Los Padres National Forest.--The Committee directs the
Secretary of Agriculture to work with the Service and
appropriate California agencies to expeditiously repair roads
damaged by strong El Nino rains during the first quarter of
2016 that are most important to ensure the health and safety of
local residents, the functions of adjacent military bases, and
ability of Federal and State agencies to respond to
emergencies.
The Committee directs the Service to follow its current
practices regarding maintenance on roads suitable for passenger
cars.
Trail Maintenance and Construction.--The Committee
recommends $77,530,000 for Trail Maintenance and Construction,
equal to the fiscal year 2016 enacted level and $1,000,000
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 2016 enacted
level and the budget request.
Legacy Roads and Trail Remediation.--The Committee
recommends $40,000,000 for Legacy Roads and Trails, equal to
the fiscal year 2016 enacted level and the budget request.
The Committee directs the Service to allocate funding in a
manner proportionate to the distribution of roads in need of
attention across the National Forest System and to provide
funds to regions most in need of road remediation.
Bill Language.--The Committee provides two-year spending
authority for this account.
LAND ACQUISITION
Appropriation enacted, 2016........................... $63,435,000
Budget estimate, 2017................................. 65,653,000
Recommended, 2017..................................... 27,280,000
Comparison:
Appropriation, 2016................................. -36,155,000
Budget estimate, 2017............................... -38,373,000
The Committee recommends $27,280,000 for Land Acquisition,
$36,155,000 below the fiscal year 2016 enacted level and
$38,373,000 below the budget request. Language and direction on
Land and Water Conservation Fund programs is provided below,
and in the front of this report.
The Committee has become aware of the possibility for
resolution of long-standing management challenges regarding
school trust lands within the Boundary Waters Canoe Area in the
Superior National Forest in Minnesota. Specifically,
stakeholders have proposed a combination of sale and exchange
of the school trust lands within the boundaries. The Committee
understands that this approach was collaboratively designed,
and that the Forest Service and the State are committed to this
hybrid model. The Forest Service is encouraged to explore all
avenues for funding the first phase of this project
expeditiously.
Prior to proceeding with any acquisitions in Skamania
County, Washington, with funds from this or any other Act, the
Forest Service is directed to submit to the Committee a list of
specific parcels for Committee approval.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
Appropriation enacted, 2016........................... $950,000
Budget estimate, 2017................................. 950,000
Recommended, 2017..................................... 950,000
Comparison:
Appropriation, 2016................................. 0
Budget estimate, 2017............................... 0
The Committee recommends $950,000 for Acquisition of Lands
for National Forests Special Acts, equal to the fiscal year
2016 enacted level and the budget request.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
Appropriation enacted, 2016........................... $216,000
Budget estimate, 2017................................. 216,000
Recommended, 2017..................................... 216,000
Comparison:
Appropriation, 2016................................. 0
Budget estimate, 2017............................... 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 2016 enacted level
and the budget request.
Bill Language.--The Committee provides two-year spending
authority for this account.
RANGE BETTERMENT FUND
Appropriation enacted, 2016........................... $2,320,000
Budget estimate, 2017................................. 2,320,000
Recommended, 2017..................................... 2,320,000
Comparison:
Appropriation, 2016................................. 0
Budget estimate, 2017............................... 0
The Committee recommends $2,320,000, for the Range
Betterment Fund, equal to the fiscal year 2016 level and the
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.
Bill Language.--The Committee provides two-year spending
authority for this account.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH
Appropriation enacted, 2016........................... $45,000
Budget estimate, 2017................................. 45,000
Recommended, 2017..................................... 45,000
Comparison:
Appropriation, 2016................................. 0
Budget estimate, 2017............................... 0
The Committee recommends $45,000 for Gifts, Donations and
Bequests for Forest and Rangeland Research, equal to the fiscal
year 2016 enacted level and the budget request.
Bill Language.--The Committee provides two-year spending
authority for this account.
MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES
Appropriation enacted, 2016........................... $2,500,000
Budget estimate, 2017................................. $2,441,000
Recommended, 2017..................................... 2,500,000
Comparison:
Appropriation, 2016................................. 0
Budget estimate, 2017............................... +59,000
The Committee recommends $2,500,000 for the Management of
National Forest Lands for Subsistence Uses in Alaska, equal to
the fiscal year 2016 enacted level and $59,000 above the budget
request.
Bill Language.--The Committee provides two-year spending
authority for this account.
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
$2,908,763,000 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, 2016........................... $2,386,329,000
Budget estimate, 2017................................. 2,451,445,000
Recommended, 2017..................................... 2,593,763,000
Comparison:
Appropriation, 2016................................. +207,434,000
Budget estimate, 2017............................... +142,318,000
The Committee recommends $2,593,763,000 for Wildland Fire
Management, $207,434,000 above the fiscal year 2016 enacted
level and $142,318,000 above the budget request.
Wildland Fire Preparedness.--The Committee recommends
$1,147,620,000 for Wildfire Preparedness, $65,000,000 above the
fiscal year 2016 enacted level and the budget request. Within
this amount, $65,000,000 is provided for the acquisition of
next generation aircraft to safely and efficiently fight
wildland fires. The Committee expects that this funding will be
dedicated solely for the acquisition of aircraft.
Wildland Fire Suppression Operations.--The Committee
recommends $933,434,000 for Wildfire Suppression Operations,
$122,434,000 above the fiscal year 2016 enacted level and
$59,530,000 above the budget request. The Committee
recommendation fully meets the 10-year average expenditure on
all suppression activities.
Hazardous Fuels.--The Committee recommends $395,000,000 for
hazardous fuels reduction, $20,000,000 above the fiscal year
2016 enacted level and $10,874,000 above the budget request.
The recommendation includes $5,000,000 for biomass utilization
grants. The Committee recommends prioritizing funding for
proactive hazardous fuels management and fire mitigation in
high-priority areas to protect life and property.
The Committee continues to be concerned with the pace of
planning and implementation of post-fire rehabilitation by the
Service. The slow pace of rehabilitation leaves communities
unable to access timber resources and delays the regeneration
of Federal forests. The Committee directs the 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 2016 enacted level and the budget
request.
Joint Fire Science Program.--The Committee recommends
$6,914,000 for the Joint Fire Science Program, equal to the
fiscal year 2016 enacted level and $6,914,000 above the budget
request.
State Fire Assistance.--The Committee recommends
$78,000,000 for State Fire Assistance, equal to the fiscal year
2016 enacted level and the budget request.
Volunteer Fire Assistance.--The Committee recommends
$13,000,000 for Volunteer Fire Assistance, equal to the fiscal
year 2016 enacted level and the budget request.
The Committee is aware many National Guard installations
have excellent resources, including land, for training National
Guardsmen hand crews for seasonal firefighting and could
support additional fire line training on their installations.
The Committee encourages the Service to consider conducting
joint fire training missions, where appropriate, with the
National Guard.
The Committee recognizes that to protect communities,
homes, critical infrastructure, and watersheds from the threat
of catastrophic wildfire, a landscape approach that involves
both public and private landowners is necessary. The Committee
encourages the Service to increase cross-boundary collaboration
with States and private organizations to reduce hazardous fuels
in high-risk areas.
Bill Language.--The Committee provides three-year funding
authority for this account.
FLAME wildfire suppression reserve fund
(INCLUDING TRANSFERS OF FUNDS)
Appropriation enacted, 2016........................... $823,000,000
Budget estimate, 2017................................. 0
Recommended, 2017..................................... 315,000,000
Comparison:
Appropriation, 2016................................. -508,000,000
Budget estimate, 2017............................... +315,000,000
The Committee recommends $315,000,000 for the FLAME
Wildfire Suppression Reserve Fund, $508,000,000 below the
fiscal year 2016 enacted level and $315,000,000 above the
budget request. 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.
The Committee includes new bill language regarding
reporting of unobligated balances and a categorical exclusion
for certain forest management activities.
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 (AI/AN). 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, 2016........................... $3,566,387,000
Budget estimate, 2017................................. 3,815,109,000
Recommended, 2017..................................... 3,720,690,000
Comparison:
Appropriation, 2016................................. +154,303,000
Budget estimate, 2017............................... -94,419,000
The Committee recommends $3,720,690,000 for Indian Health
Services, $154,303,000 above the fiscal year 2016 enacted level
and $94,419,000 below the budget request. Details are contained
in the justification submitted to the Congress, except as
otherwise discussed below and summarized in the table at the
end of this report.
Current Services.--The recommendation includes an increase
of $142,898,000 above the fiscal year 2016 enacted level to
help maintain current levels of service, $16,119,000 below the
budget request. Increases for population growth are only
partially funded within Hospitals and Health Clinics.
The Committee recognizes the significant growth rate of the
AI/AN population as a whole, but agency-estimated population
growth costs are not currently linked to data on patient
caseloads, by facility. Thus, the distribution of increases for
population growth doesn't necessarily reflect where the patient
caseloads are growing. The agency should consider alternative
means of allocating increases for population growth, such as
the Indian Health Care Improvement Fund, in future budget
requests.
Staffing for New Facilities.--The recommendation includes
$32,982,000 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 2016 or will open in
fiscal year 2017. None of these funds may be allocated to a
facility until such facility has achieved beneficial occupancy
status.
Hospitals and Health Clinics.--The recommendation includes
$1,928,879,000 for Hospitals and Health Clinics, $71,654,000
above the fiscal year 2016 enacted level, and includes the
proposed transfer of $4,000,000 from Direct Operations.
The recommendation includes $1,000,000 to fund the creation
of a prescription drug monitoring program authorized by Section
196 of the Indian Health Care Improvement Act, in order to
monitor the prescription of opioid pain relievers in Indian
Country on a multi-State basis.
Accreditation Emergencies.--The Committee considers the
loss or potential loss of a Medicare agreement with the Centers
for Medicare and Medicaid Services (CMS) to be an accreditation
emergency. The recommendation includes $6,000,000 for
accreditation emergencies, $4,000,000 above the fiscal year
2016 enacted level. Funds may be used for personnel or other
expenses essential for sustaining operations of an affected
service unit, but these are not intended to be recurring base
funds. The Director should reallocate the funds as necessary to
ensure that agreements with CMS are reinstated, and to restore
third-party collection shortfalls. Shortfalls should be
calculated relative to a baseline, which should be the average
of the collections in each of the two fiscal years preceding
the year in which an agreement with CMS was terminated or put
on notice of termination.
Dental Health.--The recommendation includes $186,029,000
for dental health, $7,743,000 above the fiscal year 2016
enacted level, and includes a transfer of $800,000 to Direct
Operations in order to backfill vacant dental health positions
in headquarters. The Service is encouraged to coordinate with
the Bureau of Indian Education (BIE) to integrate preventive
dental care at schools within the BIE system.
The Committee understands that the geographic isolation of
Indian tribes makes it difficult to attract and retain dentists
and may limit access to care as tooth decay continues to be a
problem. One way to help address access would be to allow
volunteer dentists to treat patients who can provide important
services that will improve access to oral health care. The
Committee directs the Service to conduct a pilot project to
explore establishing a centralized credentialing system to
address workforce needs as well as volunteer providers similar
to the Departments of Defense and Veterans Affairs who have
centralized credentialing systems. The Committee directs the
Service to consult with these agencies and private
organizations to include the credentialing of dentists in a
pilot program.
Purchased/Referred Care (formerly Contract Health
Services).--The recommendation includes $960,831,000 for
Purchased/Referred Care (PRC), $46,692,000 above the fiscal
year 2016 enacted level. The Committee remains concerned about
the inequitable distribution of funds as reported by the
Government Accountability Office (GAO-12-446). The Service is
therefore directed to allocate the increase above the fiscal
year 2016 enacted level according to the PRC allocation formula
normally reserved for program increases only.
The IHS is encouraged to evaluate the feasibility of
entering into reimbursable agreements with Federal health
facilities outside of the IHS system for patient referrals.
Such agreements should be considered only when such referrals
save costs and patient travel times relative to referrals to
the nearest non-Federal health facilities, and when such
referrals do not significantly increase patient wait times at
such Federal facilities.
Urban Indian Health.--The recommendation includes
$48,157,000 as requested for Urban Indian Health, $3,416,000
above the fiscal year 2016 enacted level. IHS should continue
to include current services estimates for Urban Indian Health
in future budget requests.
The Committee recognizes that seven out of ten American
Indian/Alaska Natives live in urban centers, according to the
latest census data. Many of these individuals are, or are
descendants of, individuals encouraged by the Federal
government to move to urban centers during the termination and
relocation era of the 1950s and 1960s, and are thus entitled to
receive vital culturally-appropriate health services from urban
Indian organizations, just as they would have received health
services from IHS-run and tribally-run facilities if they lived
on or near a reservation. Unfortunately, urban Indian health
organizations are struggling to recover their costs because
they are not designated in relevant statutes as eligible
providers on an equal par with IHS and Tribal Health Program
facilities. The Committee urges the authorizing committees of
jurisdiction to review these statutes and make any changes
necessary for urban Indian organizations to receive equitable
reimbursement for the culturally appropriate services they
provide to Native individuals, including Native veterans.
Indian Health Professions.--It is the intent of the
Congress that the term ``any other health profession'' in the
definition of health profession at section 1603(10) of title
25, United States Code, includes health administration.
Advance Appropriations.--The Government Accountability
Office is directed to report on the use of advance
appropriations authority for healthcare programs across the
Federal government, including problems encountered, any
estimates of cost savings, and applications to the Indian
Health Service.
Indian Health Care Improvement Act.--It has been over five
years since the permanent reauthorization of the Indian Health
Care Improvement Act (IHCIA), yet many of the provisions in the
law remain unfunded. Tribes have specifically requested that
priority areas for funding focus on diabetes treatment and
prevention, behavioral health, and health professions. The
Committee directs the Service to provide, no later than 90 days
after enactment of this Act, a detailed plan with specific
dollar amounts identified to fully fund and implement the
IHCIA.
CONTRACT SUPPORT COSTS
Appropriation enacted, 2016........................... $717,970,000
Budget estimate, 2017................................. 800,000,000
Recommended, 2017..................................... 800,000,000
Comparison:
Appropriation, 2016................................. +82,030,000
Budget estimate, 2017............................... 0
The Committee recommends an indefinite appropriation
estimated to be $800,000,000 for contract support costs
incurred by the agency as required by law, $82,030,000 above
the fiscal year 2016 enacted level.
The recommendation continues bill language making available
for two years such sums as are necessary to meet the Federal
government's full legal obligation, and prohibiting the
transfer of funds to any other account for any other purpose.
Language addressing contract funds that go unspent in a given
fiscal year is discontinued.
INDIAN HEALTH FACILITIES
Appropriation enacted, 2016........................... $523,232,000
Budget estimate, 2017................................. 569,906,000
Recommended, 2017..................................... 557,946,000
Comparison:
Appropriation, 2016................................. +34,714,000
Budget estimate, 2017............................... -11,960,000
The Committee recommends $557,946,000 for Indian Health
Facilities, $34,714,000 above the fiscal year 2016 enacted
level and $11,960,000 below the budget request. Details are
contained in the justification submitted to the Congress,
except as otherwise discussed below and summarized in the table
at the end of this report.
Staffing for New Facilities.--The recommendation includes
$3,395,000 for the staffing of newly opened health facilities.
The stipulations included in the Indian Health Services account
regarding the allocation of funds pertain to this account as
well.
Health Care Facilities Construction.--The recommendation
includes $120,934,000 for health care facilities construction,
$15,886,000 above the fiscal year 2016 enacted level.
Recognizing that inadequate and non-existent staff quarters are
a significant impediment to recruitment, the recommendation
includes $12,000,000 as requested for staff quarters.
In order to ensure that IHS patients across the system have
fairly equal access to healthcare, the IHS is directed to
conduct and publish a gap analysis of the locations and
capacities of patient health facilities relative to the IHS
user population. The analysis should include: facilities within
the IHS system, including facilities on the Health Facilities
Construction Priority System list and the Joint Venture
Construction Program list; and facilities within private or
other Federal health systems for which agreements with IHS
exist, or should exist, to see IHS patients.
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, 2016........................... $77,349,000
Budget estimate, 2017................................. 77,349,000
Recommended, 2017..................................... 77,349,000
Comparison:
Appropriation, 2016................................. 0
Budget estimate, 2017............................... 0
The Committee recommends $77,349,000 for the National
Institute of Environmental Health Sciences, equal to the fiscal
year 2016 enacted level and the budget request.
Agency for Toxic Substances and Disease Registry
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH
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 (CERCLA) 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, 2016........................... $74,691,000
Budget estimate, 2017................................. 74,691,000
Recommended, 2017..................................... 74,691,000
Comparison:
Appropriation, 2016................................. 0
Budget estimate, 2017............................... 0
The Committee recommends $74,691,000 for the Agency for
Toxic Substances and Disease Registry, equal to the fiscal year
2016 enacted level and the budget request. The Committee
encourages the Agency to collaborate with the U.S. Geological
Survey, other Federal agencies, and research partners, as
appropriate, to share knowledge and enhance research.
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, 2016........................... $3,000,000
Budget estimate, 2017................................. 3,015,000
Recommended, 2017..................................... 3,000,000
Comparison:
Appropriation, 2016................................. 0
Budget estimate, 2017............................... -15,000
The Committee recommends $3,000,000 for the Council on
Environmental Quality and Office of Environmental Quality,
equal to the fiscal year 2016 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, 2016........................... $11,000,000
Budget estimate, 2017................................. 12,436,000
Recommended, 2017..................................... 11,000,000
Comparison:
Appropriation, 2016................................. 0
Budget estimate, 2017............................... -1,436,000
The Committee recommends $11,000,000 for Salaries and
Expenses of the Chemical Safety and Hazard Investigation Board,
equal to the fiscal year 2016 enacted level and $1,436,000
below the budget request. Funds have not been provided for the
CSB to organize an annual symposium as requested in the budget.
The Committee is aware of CSB's recent announcement of a
study on land use and facility siting. Prior to expending any
funds for this purpose, the Committee directs CSB to provide a
report detailing the intended scope and justification for the
study.
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, 2016........................... $15,000,000
Budget estimate, 2017................................. 15,431,000
Recommended, 2017..................................... 15,431,000
Comparison:
Appropriation, 2016................................. +431,000
Budget estimate, 2017............................... 0
The Committee recommends $15,431,000 for the Office of
Navajo and Hopi Indian Relocation (Office), as requested,
$431,000 above the fiscal year 2016 enacted level. Of this
amount, $200,000 shall be transferred to the Inspector General
of the Department of the Interior for continued oversight of
planning, transition, and closure of the Office.
The Office is making progress in relocations, and the
fiscal year 2017 budget builds upon the fiscal year 2016
enacted level to ensure continued progress. As of June 2016,
all Hopi families have been relocated; 83 Navajo families have
been certified eligible and are awaiting relocation, with 19
homes currently under construction; 127 families have had their
cases closed due to death or non-action on the part of the
certified client to proceed with relocation; and 166
eligibility appeals are pending.
The Office's administrative appeal process is ongoing, and
at its current rate all pending administrative appeals could be
heard and determined by December 31, 2017. However, the six-
year Federal statute of limitations for seeking Federal
district court review (28 U.S.C. Sec. 2415 (a)), will require
another Federal agency to assume responsibility for those cases
unresolved by the end of 2017.
For those awaiting relocation, over 300 lots are available
for relocation on the New Lands and in the Coalmine Canyon
subdivision. While relocatees are not required to utilize these
lots, the availability of the lots suggests there will be
sufficient home site options for remaining eligible relocatees.
The Committee's goal is to bring the relocation process to
an orderly conclusion and ensure all eligible relocatees
receive the relocation benefits and necessary support services
to which they are entitled. To that end, the Committee directs
the Office to continue providing quarterly reports on the
status of eligibility appeals and the current appeals hearing
and conference schedule; relocations pending and completed;
housing construction and maintenance updates; outreach and
coordination with the Navajo Nation and the Hopi Tribe; and
other significant business activities of which the Committee
should be apprised.
In addition, the statute provides for termination of the
Office when the President determines its functions have been
fully discharged. In order to have the information required for
such a determination, the Office is directed to prepare a
comprehensive plan for closing the Office, to be submitted with
the fiscal year 2018 budget request, which lays out a timeframe
and specific steps for successfully completing the relocation
program and transferring any ongoing support services. This
plan will provide the transparency needed for informed
discussions about the path forward and a reasonable timeframe
for concluding the operations of the Office, while ensuring the
relocation mission is successfully completed. The plan should
include the following:
(1) the full range of activities currently performed
or supported by the Office and any current agreements
to provide services to relocatees, specifically
identifying those activities which will need to be
taken over by other entities for a limited period of
time and others that will need to continue without an
end date;
(2) Federal assets and leases that must be disposed
of or transferred, including any near and long-term
maintenance requirements;
(3) housing construction;
(4) land management and infrastructure
responsibilities, including stewardship of the Padres
Mesa Demonstration Ranch;
(5) a human capital plan for Office staff;
(6) a schedule of milestones for completing
eligibility appeals and relocations;
(7) a schedule of meetings with appropriate successor
agencies and tribal entities to plan for completion of
any remaining relocation activities and transfer of
ongoing support services that will continue after
closure of the Office;
(8) plans, developed with Inspector General input,
for monitoring the transition of Office functions to
successor agencies to ensure adequate services are
maintained; and
(9) annual funding requirements for all programs that
will be transitioned.
Institute of American Indian and Alaska Native Culture and Arts
Development
PAYMENT TO THE INSTITUTE
Appropriation enacted, 2016........................... $11,619,000
Budget estimate, 2017................................. 11,835,000
Recommended, 2017..................................... 11,619,000
Comparison:
Appropriation, 2016................................. 0
Budget estimate, 2017............................... -216,000
The Committee recommends $11,619,000 in direct
appropriations for the Institute of American Indian and Alaska
Native Culture and Arts Development, equal to the fiscal year
2016 enacted level and $216,000 below the budget request. The
Committee encourages the Institute to submit a budget request
beginning with fiscal year 2018, in coordination with other
tribal colleges and universities, to align appropriations with
the school calendar instead of the Federal fiscal calendar.
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 170 years in
the ``increase and diffusion of knowledge.'' Last year, the
Smithsonian attracted over 28 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, 2016........................... $696,045,000
Budget estimate, 2017................................. 759,224,000
Recommended, 2017..................................... 712,487,000
Comparison:
Appropriation, 2016................................. +16,442,000
Budget estimate, 2017............................... -46,737,000
The Committee recommends $712,487,000 for Salaries and
Expenses of the Smithsonian Institution, $16,442,000 above the
fiscal year 2016 enacted level and $46,737,000 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.
National Museum of African American History and Culture.--
The Committee maintains its longstanding support of the
National Museum of African American History and Culture
(NMAAHC). The Committee has provided funds for museum
maintenance, facility operations, and security for the new
museum opening in September 2016, as requested.
Smithsonian Security.--The Committee commends the
Smithsonian for conducting a security analysis for each of its
major facilities in light of recent extremist and lone wolf
shooter attacks in the United States. Facility analyses
conducted to date have confirmed a need to fill existing
unfunded security positions and provide a higher level of
security, including visitor screening, and also in galleries
and public spaces. The Committee has provided funds, as
requested, to address security needs at the Smithsonian's
highest risk facilities.
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.
Preserving Cultural Heritages.--The Committee commends the
Smithsonian for taking a leadership role in the preservation of
cultural heritage affected by natural and manmade disasters in
the United States and around the world. The Smithsonian's work
in cultural heritage preservation dates back to World War II
when it worked with the U.S. military to create the Monuments
Men to arrange for the evacuation and safe storage of art and
artifacts in wartime. Today, the Smithsonian's efforts include
recovery efforts following the Haiti earthquake in 2010, the
Nepal earthquake in 2015, and the continuing destruction of
cultural heritage in countries like Iraq and Syria. The
Committee has provided funds, as requested, which supplement
funding from other governmental partners and leverage support
for cultural recovery efforts from numerous private sources.
FACILITIES CAPITAL
Appropriation enacted, 2016........................... $144,198,000
Budget estimate, 2017................................. 163,000,000
Recommended, 2017..................................... 150,860,000
Comparison:
Appropriation, 2016................................. +6,662,000
Budget estimate, 2017............................... -12,140,000
The Committee recommends $150,860,000 for Facilities
Capital, $6,662,000 above the fiscal year 2016 enacted level
and $12,140,000 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.
The recommendation includes funding as requested for the
construction of the Dulles Storage Module at the National Air
and Space Museum's Udvar-Hazy Center in Chantilly, Virginia,
adjacent to Dulles International Airport. This critical
addition of collections storage space at the Smithsonian's
Dulles site will establish a permanent facility to gather
collections from the antiquated ``temporary'' buildings at the
Garber facility in Suitland, Maryland, which are being phased
out after 60 years of service. In the near term, this storage
module will serve the Smithsonian's immediate need for
temporary collections swing space during the National Air and
Space Museum's Revitalization Project, and will provide
critically needed collections consolidation space for the
Institution's long-term storage needs.
National Air and Space Museum (NASM) Revitalization
Project.--The Committee is aware of the National Air and Space
Museum (NASM) Revitalization Project, a multi-year effort
scheduled to begin in fiscal year 2018. Opened to the public on
July 1, 1976 as part of our country's bicentennial celebration,
the NASM is the most highly visited museum in the United States
with nearly seven million annual visits, second worldwide only
to the Louvre Museum in Paris.
The National Air and Space Museum faces a multitude of
mechanical, structural, and security challenges that
necessitate action to ensure the facility's long-term
viability. The Committee recognizes the critical need to
address these concerns in order to protect the health and
safety of both the visiting public and the museum's vast
collections.
The Committee is concerned, however, by the projected
overall costs of this multi-year project--estimated at nearly
$600,000,000--and the suggestion that the project be funded
entirely through appropriated funds. The Committee, therefore,
directs the Smithsonian to provide, not later than 90 days
after enactment of this Act, 1) an independent assessment and
re-estimate of the anticipated costs of the revitalization
project, 2) an independent assessment examining the potential
costs of rebuilding the entire NASM at its present physical
location, and 3) an independent assessment examining the
viability and potential costs associated with relocating the
NASM to another physical location. The Committee further
directs the Smithsonian to evaluate potential partnership and
philanthropic opportunities that may provide non-Federal
sources of funding to partially offset the overall costs of
this project.
Given the scope and scale of this effort, it is likely this
multi-year revitalization project would place additional
burdens on the Smithsonian's annual budgets for the foreseeable
future. For this reason, it is essential that the Smithsonian
clearly outline and communicate to the Committee its highest
and greatest priorities. The Committee will endeavor to address
the Smithsonian's most urgent priorities, including the
revitalization needs of the National Air and Space Museum, but
given the many demands and priorities within the Smithsonian
Institution and across this entire bill, difficult decisions
will have to be made.
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, DC, 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, 2016........................... $124,988,000
Budget estimate, 2017................................. 135,801,000
Recommended, 2017..................................... 130,801,000
Comparison:
Appropriation, 2016................................. +5,813,000
Budget estimate, 2017............................... -5,000,000
The Committee recommends $130,801,000 for Salaries and
Expenses of the National Gallery of Art, $5,813,000 above the
fiscal year 2016 enacted level and $5,000,000 below the budget
request.
Bill Language.--The Committee has included bill language
specifying the amount provided for Special Exhibitions. The
Committee also includes in Title IV General Provisions, Section
442, revising the definition of the National Gallery of Art's
buildings and grounds commensurate with the Gallery's
geographic boundaries.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
Appropriation enacted, 2016........................... $22,564,000
Budget estimate, 2017................................. 22,600,000
Recommended, 2017..................................... 22,564,000
Comparison:
Appropriation, 2016................................. 0
Budget estimate, 2017............................... -36,000
The Committee recommends $22,564,000 for Repair,
Restoration and Renovation of buildings at the National Gallery
of Art, equal to the fiscal year 2016 enacted level and $36,000
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, 2016........................... $21,660,000
Budget estimate, 2017................................. 22,260,000
Recommended, 2017..................................... 22,260,000
Comparison:
Appropriation, 2016................................. +600,000
Budget estimate, 2017............................... 0
The Committee recommends $22,260,000 for Operations and
Maintenance as requested and $600,000 above the fiscal year
2016 enacted level.
CAPITAL REPAIR AND RESTORATION
Appropriation enacted, 2016........................... $14,740,000
Budget estimate, 2017................................. 13,000,000
Recommended, 2017..................................... 14,140,000
Comparison:
Appropriation, 2016................................. -600,000
Budget estimate, 2017............................... +1,140,000
The Committee recommends $14,140,000 for Capital Repair and
Restoration, $600,000 below the fiscal year 2016 enacted level
and $1,140,000 above 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, 2016........................... $10,500,000
Budget estimate, 2017................................. 10,400,000
Recommended, 2017..................................... 10,500,000
Comparison:
Appropriation, 2016................................. 0
Budget estimate, 2017............................... +100,000
The Committee recommends $10,500,000 for Salaries and
Expenses of the Woodrow Wilson International Center for
Scholars, equal to the fiscal year 2016 enacted level and
$100,000 above the budget request.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
GRANTS AND ADMINISTRATION
Appropriation enacted, 2016........................... $147,949,000
Budget estimate, 2017................................. 149,849,000
Recommended, 2017..................................... 149,849,000
Comparison:
Appropriation, 2016................................. +1,900,000
Budget estimate, 2017............................... 0
The Committee recommends $149,849,000 for the National
Endowment for the Arts (NEA), $1,900,000 above the fiscal year
2016 enacted level and equal to the budget request.
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. The Committee is pleased that the increase
above the fiscal year 2016 enacted level will strengthen and
support these efforts.
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. In 2013, this
collaborative relationship expanded to bring art therapy to
military patients at the Fort Belvoir Community Hospital Brain
Injury Clinic in Virginia to evaluate the potential health
benefits of creative arts therapy interventions for wounded
warriors including service members with Traumatic Brain Injury
and Post Traumatic Stress. An NEA Navy Special Warfare/Special
Operations (NSW) Healing Arts Partnership is also being
established that will bring these benefits to the Navy SEAL
community in Virginia Beach, Virginia.
The Committee recognizes the value of integrating Arts
education into Science, Technology, Engineering, and Math
(STEM) education to foster creativity, innovation, problem
solving, and critical thinking skills. The Committee encourages
the NEA to continue engaging cultural institutions and arts
organizations in supporting arts education as a valued
educational component necessary to nurture the next generation
of leaders and prepare young Americans for the 21st century
economy.
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. The Committee recognizes the importance of the
arts in local communities including the display of art in
public spaces including interested local postal facilities with
the consent of, and at no expense to, the U.S. Postal Service.
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, 2016........................... $147,942,000
Budget estimate, 2017................................. 149,848,000
Recommended, 2017..................................... 149,848,000
Comparison:
Appropriation, 2016................................. +1,906,000
Budget estimate, 2017............................... 0
The Committee recommends a total of $149,848,000 for the
National Endowment for the Humanities (NEH), $1,906,000 above
the fiscal year 2016 enacted level and equal to the budget
request.
The Committee commends the NEH for its support of grant
programs to benefit wounded warriors and to ensure educational
opportunities for veterans and service members transitioning to
civilian life. In partnership with NEH, State humanities
councils have developed and delivered local programs that
support veterans, their families and caregivers, and that help
communities better understand the experiences of veterans. The
Committee encourages the NEH to fully support efforts to
connect the humanities to the experience of veterans and
provide educational opportunities to these American heroes. The
Committee is pleased that the increase above the fiscal year
2016 enacted level will strengthen and support these efforts.
The Committee commends NEH for its ongoing support to
American Indian and Alaska Native communities in preserving
their cultural and linguistic heritage through the Documenting
Endangered Languages program and a variety of preservation and
access grants that enable American Indian and Alaska Native
communities to preserve cultural artifacts and make them
broadly accessible. It also commends the NEH for providing
educational opportunities for tribal communities through the
Humanities Initiatives at Tribal Colleges and Universities
program.
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, DC,
the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam,
the Commonwealth of the Northern Mariana Islands, and American
Samoa. The Committee recognizes the State humanities councils
for the scope and reach of public humanities programming in
congressional districts across the nation, which serve rural
areas, promote family literacy, and support cultural tourism
that contributes to local economies. 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 Appropriations Act,
2016.
Commission of Fine Arts
The Commission of Fine Arts was established in 1910 to
advise the government on matters pertaining to the design of
national symbols, and particularly to guide the architectural
development of Washington, DC. 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, 2016........................... $2,653,000
Budget estimate, 2017................................. 2,762,000
Recommended, 2017..................................... 2,762,000
Comparison:
Appropriation, 2016................................. +109,000
Budget estimate, 2017............................... 0
The Committee recommends $2,762,000 for Salaries and
Expenses of the Commission of Fine Arts, $109,000 above the
fiscal year 2016 enacted level and equal to the budget request.
National Capital Arts and Cultural Affairs
Appropriation enacted, 2016........................... $2,000,000
Budget estimate, 2017................................. 1,400,000
Recommended, 2017..................................... 2,000,000
Comparison:
Appropriation, 2016................................. 0
Budget estimate, 2017............................... +600,000
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 2016 enacted level.
Bill Language.--The bill does not include requested
language addressing limitations on grant recipient eligibility.
The Committee notes that NCACA is deficient in providing a
report as directed, not later than 90 days after enactment of
the Consolidated Appropriations Act, 2016, detailing the
potential impact of inclusion of such bill language on those
arts and cultural affairs organizations that received NCACA
grant funding in fiscal year 2015. The Committee directs NCACA
to complete the report expeditiously.
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, 2016........................... $6,080,000
Budget estimate, 2017................................. 6,493,000
Recommended, 2017..................................... 6,480,000
Comparison:
Appropriation, 2016................................. +400,000
Budget estimate, 2017............................... -13,000
The Committee recommends $6,480,000 for Salaries and
Expenses of the Advisory Council on Historic Preservation
(ACHP). An increase of $400,000 over the fiscal year 2016
enacted level is to be used to meet Federal requirements for
cybersecurity implementation.
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, 2016........................... $8,348,000
Budget estimate, 2017................................. 8,099,000
Recommended, 2017..................................... 8,099,000
Comparison:
Appropriation, 2016................................. -249,000
Budget estimate, 2017............................... 0
The Committee recommends $8,099,000 for Salaries and
Expenses of the National Capital Planning Commission, $249,000
below the fiscal year 2016 enacted level and equal to 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, 2016........................... $54,000,000
Budget estimate, 2017................................. 57,000,000
Recommended, 2017..................................... 57,000,000
Comparison:
Appropriation, 2016................................. +3,000,000
Budget estimate, 2017............................... 0
The Committee recommends $57,000,000 for the Holocaust
Memorial Museum, $3,000,000 above the fiscal year 2016 enacted
level and equal to 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, four members of the House of
Representatives, four Senators, and four private citizens
appointed by the President.
SALARIES AND EXPENSES
Appropriation enacted, 2016........................... $1,000,000
Budget estimate, 2017................................. 1,800,000
Recommended, 2017..................................... 0
Comparison:
Appropriation, 2016................................. -1,000,000
Budget estimate, 2017............................... -1,800,000
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
current design of the Eisenhower Memorial continues to garner a
significant amount of interest and opposition. The design
process was intended to be collaborative and incorporate
multiple perspectives, including the views of the Eisenhower
family.
The Commission's continued unwillingness to entertain
sensible revisions to the memorial design, as suggested by the
Eisenhower family and others, to more accurately capture the
essence and reflect the legacy of Eisenhower, has resulted in
unnecessary and unfortunate delays. The Committee is willing to
consider discretionary appropriations to support memorial
construction provided that steps are taken to replace the
Commission staff with professionals committed to seeking common
ground with the Eisenhower family, Congress, and others.
The Committee reiterates its strongly held view that it is
unacceptable that a memorial to Dwight D. Eisenhower could be
designed, approved, and built without the active support of the
Eisenhower family. This position is also supported by the
American Legion, the Nation's largest wartime veterans service
organization, which recently passed a resolution stating it
would support the memorial ``if the design is acceptable to the
Eisenhower family.''
The Eisenhower family continues its longstanding
willingness and desire to work in concert with the Commission
on a suitable design, assist with fundraising, and actively
work toward the memorial's completion. The Committee maintains
that the effort to appropriately honor Eisenhower would be
significantly enhanced by providing the Eisenhower family and
interested legacy organizations the active role they deserve in
recognizing the contributions of one of the great American
leaders of the twentieth century.
CAPITAL CONSTRUCTION
Appropriation enacted, 2016........................... $0
Budget estimate, 2017................................. 43,000,000
Recommended, 2017..................................... 0
Comparison:
Appropriation, 2016................................. 0
Budget estimate, 2017............................... -43,000,000
The bill does not include funding for the Capital
Construction account. 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 modifies a provision that restricts
administrative assessments, and adds new language regarding
reprogrammings and submission of operating plans.
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 prior fiscal years.
Section 406 addresses the payment of contract support costs
for fiscal year 2017.
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 2018 budget is submitted to Congress describing
in detail all Federal agency obligations and expenditures for
climate change programs and activities in fiscal years 2016 and
2017.
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 continues a provision from the Consolidated
Appropriations Act, 2016 modifying authorities relating to the
Dwight D. Eisenhower Memorial Commission.
Section 420 prohibits the use of funds to regulate the lead
content of ammunition or fishing tackle.
Section 421 extends certain authorities through fiscal year
2017 allowing the Forest Service to renew grazing permits.
Section 422 provides a one-year extension of the current
recreation fee authority.
Section 423 clarifies the Bureau of Land Management's
stewardship contracting authority.
Section 424 prohibits the use of funds to maintain or
establish a computer network unless such network blocks the
viewing, downloading, and exchanging of pornography.
Section 425 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 426 prohibits the use of funds to require permits
for the discharge of dredged or fill material for certain
agriculture activities.
Section 427 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 428 prohibits the use of funds to limit
recreational shooting and hunting on Federal and public lands
except for public safety.
Section 429 prohibits the use of funds to enforce
provisions within the lead renovation rule until EPA has
approved a commercially available lead test kit or solicits
public comment on alternatives.
Section 430 prohibits the use of funds to develop, propose,
finalize, implement, enforce, or administer any regulation that
would establish new financial responsibility requirements under
CERCLA.
Section 431 prohibits 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.
Section 432 makes available vacant allotments for
permittees impacted by drought or wildland fire.
Section 433 clarifies the protection of water rights with
regard to Forest Service and Bureau of Land Management permits.
Section 434 limits the use of funds for status changes of
certain chemicals.
Section 435 sets requirement for the use of American iron
and steel for certain loans and grants.
Section 436 prohibits the use of funds pertaining to
certain updates to the social cost of carbon.
Section 437 prohibits the use of funds to implement or
enforce a provision of a rule related to designated
representatives.
Section 438 addresses the implementation of national
ambient air quality standards for ozone.
Section 439 prohibits the use of funds to develop, propose,
finalize, implement, or enforce any rule or guideline to
address methane emissions from sources in the oil and natural
gas sector under section 111(b) or (d) of the Clean Air Act,
and proposed guidelines from September 18, 2015.
Section 440 prohibits the use of funds to modify existing
royalty rates on coal and oil and gas leases.
Section 441 establishes a deadline for the programmatic EIS
review of the Federal coal program.
Section 442 revises the definition of the National Gallery
of Art's buildings and grounds commensurate with the Gallery's
geographic boundaries.
Section 443 prohibits the use of funds for the Bureau of
Land Management to update its planning process regulations
unless it meets certain criteria.
Section 444 provides for the humane transfer of excess wild
horses and burros.
Section 445 prohibits the use of funds to list the lesser
prairie chicken under the Endangered Species Act.
Section 446 directs the Indian Health Service to establish
governance boards at certain federally operated hospitals, with
the consent and participation of tribes.
Section 447 addresses the Old and Middle River reverse flow
operations in California.
Section 448 addresses authorizing increased Old and Middle
River reverse flows in California during certain times.
Section 449 addresses certain water rights and water supply
deliveries in California.
Section 450 prohibits funds to implement the San Joaquin
River Restoration program.
Section 451 prohibits funds for instream flow purchases in
California carried out by the Bureau of Reclamation at certain
times.
Section 452 addresses water storage at New Melones
Reservoir.
Section 453 prohibits the use of funds to designate
national monuments in certain counties.
Section 454 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:
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 Conservation
Fund (contract authority), $28,000,000.
Department of the Interior: Bureau of Safety and
Environmental Enforcement, $20,000,000.
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.
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)
* * * * * * *
DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2012
TITLE I
DEPARTMENT OF THE INTERIOR
* * * * * * *
bureau of land management actions regarding grazing on public lands
Sec. 122. (a) Exhaustion of Administrative Review Required.--
(1) For [fiscal years 2012 through 2018,] 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.
* * * * * * *
----------
INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT
* * * * * * *
TITLE VIII--NATIONAL FUND FOR EXCELLENCE IN AMERICAN INDIAN EDUCATION
SEC. 801. NATIONAL FUND FOR EXCELLENCE IN AMERICAN INDIAN EDUCATION.
(a) In General.--As soon as practicable after the date of the
enactment of this title, the Secretary of the Interior shall
establish, under the laws of the District of Columbia and in
accordance with this title, a [foundation] fund to be known as
the ``National Fund for Excellence in American Indian
Education'' (hereinafter referred to as the ``[Foundation]
Fund''). The Fund shall be affiliated and may contract for
services with a section 501(c)(3) national organization whose
mission is to represent Native American students and educators
for the improvement of schools and the education of Native
children.
(b) Perpetual Existence.--Except as otherwise provided, the
[Foundation] Fund shall have perpetual existence.
(c) Nature of Corporation.--The [Foundation] Fund shall be a
charitable and nonprofit federally chartered corporation and
shall not be an agency or instrumentality of the United States.
(d) Place of Incorporation and Domicile.--The [Foundation]
Fund shall be incorporated and domiciled in the District of
Columbia.
(e) Purposes.--The purposes of the [Foundation] Fund shall
be--
(1) to encourage, accept, and administer private or
public gifts of real and personal property or any
income therefrom or other interest therein for the
benefit of, or in support of, the mission of the Office
of Indian Education Programs of the Bureau of Indian
Affairs (or its successor office);
(2) to undertake and conduct such other activities as
will further the educational opportunities of American
Indians who attend a Bureau funded school; [and]
(3) to participate with, and otherwise assist,
Federal, State, and tribal governments, agencies,
entities, and individuals in undertaking and conducting
activities that will further the educational
opportunities of American Indians attending Bureau
funded schools[.];
(4) to promote and facilitate public-private
partnerships that maximize the involvement of the
private sector, including nonprofit organizations and
for-profit entities, in providing financial and in-kind
support for the improvement or replacement of
facilities and infrastructure and for the enhancement
of telecommunications and technological capacity in
Bureau-funded schools; and
(5) to facilitate interagency agreements between the
Department of the Interior and other Federal agencies
in furtherance of the purposes of the Fund.
(f) Board of Directors.--
(1) In general.--The Board of Directors shall be the
governing body of the [Foundation] Fund. The Board may
exercise, or provide for the exercise of, the powers of
the [Foundation] Fund.
(2) Selection.--[The number of members of the Board,
the manner of their selection (including the filling of
vacancies), and their terms of office shall be as
provided in the constitution and bylaws of the
Foundation. However, the Board shall have at least 11
members, two of whom shall be the Secretary and the
Assistant Secretary of the Interior for Indian Affairs,
who shall serve as ex officio nonvoting members, and
the initial voting members of the Board shall be
appointed by the Secretary not later than 6 months
after the date that the Foundation is established and
shall have staggered terms (as determined by the
Secretary).] The number of members of the Board, the
manner of their selection (including the filling of
vacancies), and their terms of office shall be as
provided in the constitution and bylaws of the Fund.
The Board shall have nine members, including the
Secretary and the Assistant Secretary of the Interior
for Indian Affairs who shall serve as ex officio
nonvoting members and who shall appoint three voting
members to staggered terms, and including the President
and Executive Director of the 501(c)(3) national
organization referenced in subsection (a) who shall
serve as ex officio nonvoting members and who shall
appoint two voting members to staggered terms.
(3) Qualification.--The members of the Board shall be
United States citizens who [are knowledgeable or
experienced in American Indian education and shall, to
the extent practicable,] shall, to the extent
practicable, be drawn from various disciplines related
to the purposes of the Fund, and represent diverse
points of view relating to the education of American
Indians.
(4) Compensation.--Members of the Board shall not
receive compensation for their services as members, but
shall be reimbursed for actual and necessary travel and
subsistence expenses incurred by them in the
performance of the duties of the [Foundation] Fund.
(g) Officers.--
(1) In general.--The officers of the [Foundation]
Fund shall be a secretary, elected from among the
members of the Board, and any other officers provided
for in the constitution and bylaws of the [Foundation]
Fund.
(2) Secretary of foundation.--The secretary shall
serve, at the direction of the Board, as its chief
operating officer and shall be knowledgeable and
experienced in matters relating to education in general
and education of American Indians in particular.
(3) Election.--The manner of election, term of
office, and duties of the officers shall be as provided
in the constitution and bylaws of the [Foundation]
Fund.
(h) Powers.--The [Foundation] Fund--
(1) shall adopt a constitution and bylaws for the
management of its property and the regulation of its
affairs, which may be amended;
(2) may adopt and alter a corporate seal;
(3) may make contracts, subject to the limitations of
this Act;
(4) may acquire (through a gift or otherwise), own,
lease, encumber, and transfer real or personal property
as necessary or convenient to carry out the purposes of
the [Foundation] Fund;
(5) may sue and be sued; and
(6) may perform any other act necessary and proper to
carry out the purposes of the [Foundation] Fund.
(i) Principal Office.--The principal office of the
[Foundation] Fund shall be in the District of Columbia.
However, the activities of the [Foundation] Fund may be
conducted, and offices may be maintained, throughout the United
States in accordance with the constitution and bylaws of the
[Foundation] Fund.
(j) Service of Process.--The [Foundation] Fund shall comply
with the law on service of process of each State in which it is
incorporated and of each State in which the [Foundation] Fund
carries on activities.
(k) Liability of Officers and Agents.--The [Foundation] Fund
shall be liable for the acts of its officers and agents acting
within the scope of their authority. Members of the Board are
personally liable only for gross negligence in the performance
of their duties.
(l) Restrictions.--
(1) Limitation on spending.--Beginning with the
fiscal year following the first full fiscal year during
which the [Foundation] Fund is in operation, the
administrative costs of the [Foundation] Fund may not
exceed 10 percent of the sum of--
(A) the amounts transferred to the
[Foundation] Fund under subsection (m) during
the preceding fiscal year; and
(B) donations received from private sources
during the preceding fiscal year.
(2) Appointment and hiring.--The appointment of
officers and employees of the [Foundation] Fund shall
be subject to the availability of funds.
(3) Status.--Members of the Board, and the officers,
employees, and agents of the [Foundation] Fund are not,
by reason of their association with the [Foundation]
Fund, officers, employees, or agents of the United
States.
(m) Transfer of Donated Funds and Property.--The Secretary
may transfer to the [Foundation] Fund funds and property held
by the Department of the Interior under the Act of February 14,
1931 (25 U.S.C. 451), if the transfer or use of such funds is
not prohibited by any term under which the funds were donated.
(n) Audits.--The [Foundation] Fund shall comply with the
audit requirements set forth in section 10101 of title 36,
United States Code, as if it were a corporation in part B of
subtitle II of that title.
* * * * * * *
----------
SECTION 140 OF PUBLIC LAW 108-108
Sec. 140. (a) Short Title.--This section may be cited as the
``Blue Ridge National Heritage Area Act of 2003''.
(b) Findings and Purpose.
(1) Findings. Congress finds that:
(A) The Blue Ridge Mountains and the
extensive cultural and natural resources of the
Blue Ridge Mountains have played a significant
role in the history of the United States and
the State of North Carolina.
(B) Archaeological evidence indicates that
the Blue Ridge Mountains have been inhabited by
humans since the last retreat of the glaciers,
with the Native Americans living in the area at
the time of European discovery being primarily
of Cherokee descent.
(C) The Blue Ridge Mountains of western North
Carolina, including the Great Smoky Mountains,
played a unique and significant role in the
establishment and development of the culture of
the United States through several distinct
legacies, including--
(i) the craft heritage that--
(I) was first influenced by
the Cherokee Indians;
(II) was the origin of the
traditional craft movement
starting in 1900 and the
contemporary craft movement
starting in the 1940's; and
(III) is carried out by over
4,000 craftspeople in the Blue
Ridge Mountains of western
North Carolina, the third
largest concentration of such
people in the United States;
(ii) a musical heritage comprised of
distinctive instrumental and vocal
traditions that--
(I) includes stringband
music, bluegrass, ballad
singing, blues, and sacred
music;
(II) has received national
recognition; and
(III) has made the region one
of the richest repositories of
traditional music and folklife
in the United States;
(iii) the Cherokee heritage--
(I) dating back thousands of
years; and
(II) offering--
(aa) nationally
significant cultural
traditions practiced by
the Eastern Band of
Cherokee Indians;
(bb) authentic
tradition bearers;
(cc) historic sites;
and
(dd) historically
important collections
of Cherokee artifacts;
and
(iv) the agricultural heritage
established by the Cherokee Indians,
including medicinal and ceremonial food
crops, combined with the historic
European patterns of raising livestock,
culminating in the largest number of
specialty crop farms in North Carolina.
(D) The artifacts and structures associated
with those legacies are unusually well-
preserved.
(E) The Blue Ridge Mountains are recognized
as having one of the richest collections of
historical resources in North America.
(F) The history and cultural heritage of the
Blue Ridge Mountains are shared with the States
of Virginia, Tennessee, and Georgia.
(G) there are significant cultural, economic,
and educational benefits in celebrating and
promoting this mutual heritage.
(H) according to the 2002 reports entitled
``The Blue Ridge Heritage and Cultural
Partnership'' and ``Western North Carolina
National Heritage Area Feasibility Study and
Plan'', the Blue Ridge Mountains contain
numerous resources that are of outstanding
importance to the history of the United States.
(I) it is in the interest of the United
States to preserve and interpret the cultural
and historical resources of the Blue Ridge
Mountains for the education and benefit of
present and future generations.
(2) Purpose. The purpose of this section is to foster
a close working relationship with, and to assist, all
levels of government, the private sector, and local
communities in the State in managing, preserving,
protecting, and interpreting the cultural, historical,
and natural resources of the Heritage Area while
continuing to develop economic opportunities.
(c) Definitions.
(1) In this section:
(A) Heritage area. The term ``Heritage Area''
means the Blue Ridge National Heritage Area
established by subsection (d).
(B) Management entity. The term ``management
entity'' means the management entity for the
Heritage Area designated by subsection (d)(3).
(C) Management plan. The term ``management
plan'' means the management plan for the
Heritage Area approved under subsection (e).
(D) Secretary. The term ``Secretary'' means
the Secretary of the Interior.
(E) State. The term ``State'' means the State
of North Carolina.
(d) Blue Ridge National Heritage Area.
(1) Establishment. There is established the Blue
Ridge National Heritage Area in the State.
(2) Boundaries. The Heritage Area shall consist of
the counties of Alleghany, Ashe, Avery, Buncombe,
Burke, Caldwell, Cherokee, Clay, Graham, Haywood,
Henderson, Jackson, McDowell, Macon, Madison, Mitchell,
Polk, Rutherford, Surry, Swain, Transylvania, Watauga,
Wilkes, Yadkin, and Yancey in the State.
(3) Management entity.
(A) In general. As a condition of the receipt
of funds made available under subsection (i),
the Blue Ridge National Heritage Area
Partnership shall be the management entity for
the Heritage Area.
(B) Board of directors.
(i) Composition. The management
entity shall be governed by a board of
directors composed of nine members, of
whom--
(I) two members shall be
appointed by AdvantageWest;
(II) two members shall be
appointed by HandMade In
America, Inc.;
(III) one member shall be
appointed by the Education
Research Consortium of Western
North Carolina;
(IV) one member shall be
appointed by the Eastern Band
of the Cherokee Indians; and
(V) three members shall be
appointed by the Governor of
North Carolina and shall--
(aa) reside in
geographically diverse
regions of the Heritage
Area;
(bb) be a
representative of State
or local governments or
the private sector; and
(cc) have knowledge
of tourism, economic
and community
development, regional
planning, historic
preservation, cultural
or natural resources
development, regional
planning, conservation,
recreational services,
education, or museum
services.
(e) Management Plan.
(1) In general. Not later than 3 years after the date
of enactment of this section, the management entity
shall submit to the Secretary for approval a management
plan for the Heritage Area.
(2) Consideration of other plans and actions. In
developing the management plan, the management entity
shall--
(A) for the purpose of presenting a unified
preservation and interpretation plan, take into
consideration Federal, State, and local plans;
and
(B) provide for the participation of
residents, public agencies, and private
organizations in the Heritage Area.
(3) Contents. The management plan shall--
(A) present comprehensive recommendations and
strategies for the conservation, funding,
management, and development of the Heritage
Area;
(B) identify existing and potential sources
of Federal and non-Federal funding for the
conservation, management, and development of
the Heritage Area; and
(C) include--
(i) an inventory of the cultural,
historical, natural, and recreational
resources of the Heritage Area,
including a list of property that--
(I) relates to the purposes
of the Heritage Area; and
(II) should be conserved,
restored, managed, developed,
or maintained because of the
significance of the property;
(ii) a program of strategies and
actions for the implementation of the
management plan that identifies the
roles of agencies and organizations
that are involved in the implementation
of the management plan;
(iii) an interpretive and educational
plan for the Heritage Area;
(iv) a recommendation of policies for
resource management and protection that
develop intergovernmental cooperative
agreements to manage and protect the
cultural, historical, natural, and
recreational resources of the Heritage
Area; and
(v) an analysis of ways in which
Federal, State, and local programs may
best be coordinated to promote the
purposes of this section.
(4) Effect of failure to submit. If a management plan
is not submitted to the Secretary by the date described
in paragraph (1), the Secretary shall not provide any
additional funding under this section until a
management plan is submitted to the Secretary.
(5) Approval or disapproval of management plan.
(A) In general. Not later than 90 days after
receiving the management plan submitted under
paragraph (1), the Secretary shall approve or
disapprove the management plan.
(B) Criteria. In determining whether to
approve the management plan, the Secretary
shall consider whether the management plan--
(i) has strong local support from
landowners, business interests,
nonprofit organizations, and
governments in the Heritage Area; and
(ii) has a high potential for
effective partnership mechanisms.
(C) Action following disapproval. If the
Secretary disapproves a management plan under
subparagraph (A), the Secretary shall--
(i) advise the management entity in
writing of the reasons for the
disapproval;
(ii) make recommendations for
revisions to the management plan; and
(iii) allow the management entity to
submit to the Secretary revisions to
the management plan.
(D) Deadline for approval of revision. Not
later than 60 days after the date on which a
revision is submitted under subparagraph
(C)(iii), the Secretary shall approve or
disapprove the proposed revision.
(6) Amendment of approved management plan.
(A) In general. After approval by the
Secretary of a management plan, the management
entity shall periodically--
(i) review the management plan; and
(ii) submit to the Secretary, for
review and approval, the recommendation
of the management entity for any
amendments to the management plan.
(B) Use of funds. No funds made available
under subsection (i) shall be used to implement
any amendment proposed by the management entity
under subparagraph (A) until the Secretary
approves the amendment.
(f) Authorities and Duties of the Management Entity.
(1) Authorities. For the purposes of developing and
implementing the management plan, the management entity
may use funds made available under subsection (i) to--
(A) make grants to, and enter into
cooperative agreements with, the State
(including a political subdivision), nonprofit
organizations, or persons;
(B) hire and compensate staff; and
(C) enter into contracts for goods and
services.
(2) Duties. In addition to developing the management
plan, the management entity shall--
(A) develop and implement the management plan
while considering the interests of diverse
units of government, businesses, private
property owners, and nonprofit groups in the
Heritage Area;
(B) conduct public meetings in the Heritage
Area at least semiannually on the development
and implementation of the management plan;
(C) give priority to the implementation of
actions, goals, and strategies in the
management plan, including providing assistance
to units of government, nonprofit
organizations, and persons in--
(i) carrying out the programs that
protect resources in the Heritage Area;
(ii) encouraging economic viability
in the Heritage Area in accordance with
the goals of the management plan;
(iii) establishing and maintaining
interpretive exhibits in the Heritage
Area;
(iv) developing recreational and
educational opportunities in the
Heritage Area; and
(v) increasing public awareness of
and appreciation for the cultural,
historical, and natural resources of
the Heritage Area; and
(D) for any fiscal year for which Federal
funds are received under subsection (i)--
(i) submit to the Secretary a report
that describes, for the fiscal year--
(I) the accomplishments of
the management entity;
(II) the expenses and income
of the management entity; and
(III) each entity to which a
grant was made;
(ii) make available for audit by
Congress, the Secretary, and
appropriate units of government, all
records relating to the expenditure of
funds and any matching funds; and
(iii) require, for all agreements
authorizing expenditure of Federal
funds by any entity, that the receiving
entity make available for audit all
records relating to the expenditure of
funds.
(3) Prohibition on the acquisition of real property.
The management entity shall not use Federal funds
received under subsection (i) to acquire real property
or an interest in real property.
(g) Technical and Financial Assistance.
(1) In general. The Secretary may provide to the
management entity technical assistance and, subject to
the availability of appropriations, financial
assistance, for use in developing and implementing the
management plan.
(2) Priority for assistance. In providing assistance
under subsection (a), the Secretary shall give priority
to actions that facilitate--
(A) the preservation of the significant
cultural, historical, natural, and recreational
resources of the Heritage Area; and
(B) the provision of educational,
interpretive, and recreational opportunities
that are consistent with the resources of the
Heritage Area.
(h) Land Use Regulation.
(1) In general. Nothing in this section--
(A) grants any power of zoning or land use to
the management entity; or
(B) modifies, enlarges, or diminishes any
authority of the Federal Government or any
State or local government to regulate any use
of land under any law (including regulations).
(2) Private property. Nothing in this section--
(A) abridges the rights of any person with
respect to private property;
(B) affects the authority of the State or
local government with respect to private
property; or
(C) imposes any additional burden on any
property owner.
(i) Authorization of Appropriations.
(1) In general. There is authorized to be
appropriated to carry out this section [$10,000,000]
$12,000,000, of which not more than $1,000,000 shall be
made available for any fiscal year.
(2) Non-federal share. The non-Federal share of the
cost of any activities carried out using Federal funds
made available under subsection (a) shall be not less
than 50 percent.
(j) Termination of Authority. The authority of the Secretary
to provide assistance under this section terminates on the date
that is 15 years after the date of enactment of this section.
----------
SECTION 810 OF DIVISION B OF PUBLIC LAW 106-554
SEC. 810. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--
(1) Corridor.--There is authorized to be appropriated
for the Corridor not more than $1,000,000 for any
fiscal year, to remain available until expended. Not
more than a total of [$10,000,000] $12,000,000 may be
appropriated for the Corridor under this title.
(2) Matching requirement.--Federal funding provided
under this paragraph may not exceed 50 percent of the
total cost of any activity carried out with such funds.
The non-Federal share of such support may be in the
form of cash, services, or in-kind contributions,
fairly valued.
(b) Other Funding.--In addition to the sums authorized in
subsection (a), there are authorized to be appropriated to the
Secretary of the Interior such sums as are necessary for the
Secretary for planning and technical assistance.
----------
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, 2016] September 30, 2017.
(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.
* * * * * * *
----------
FEDERAL LANDS RECREATION ENHANCEMENT ACT
* * * * * * *
DIVISION J--OTHER MATTERS
* * * * * * *
TITLE VIII--FEDERAL LANDS RECREATION ENHANCEMENT ACT
* * * * * * *
SEC. 810. SUNSET PROVISION.
The authority of the Secretary to carry out this Act shall
terminate [September 30, 2017] September 30, 2018.
* * * * * * *
----------
HEALTHY FORESTS RESTORATION ACT OF 2003
* * * * * * *
TITLE VI--MISCELLANEOUS
* * * * * * *
SEC. 604. STEWARDSHIP END RESULT CONTRACTING PROJECTS.
(a) Definitions.--In this section:
(1) Chief.--The term ``Chief'' means the Chief of the
Forest Service.
(2) Director.--The term ``Director'' means the
Director of the Bureau of Land Management.
(b) Projects.--The Chief and the Director, via agreement or
contract as appropriate, may enter into stewardship contracting
projects with private persons or other public or private
entities to perform services to achieve land management goals
for the national forests and the public lands that meet local
and rural community needs.
(c) Land Management Goals.--The land management goals of a
project under subsection (b) may include any of the following:
(1) Road and trail maintenance or obliteration to
restore or maintain water quality.
(2) Soil productivity, habitat for wildlife and
fisheries, or other resource values.
(3) Setting of prescribed fires to improve the
composition, structure, condition, and health of stands
or to improve wildlife habitat.
(4) Removing vegetation or other activities to
promote healthy forest stands, reduce fire hazards, or
achieve other land management objectives.
(5) Watershed restoration and maintenance.
(6) Restoration and maintenance of wildlife and fish.
(7) Control of noxious and exotic weeds and
reestablishing native plant species.
(d) Agreements or Contracts.--
(1) Procurement procedure.--A source for performance
of an agreement or contract under subsection (b) shall
be selected on a best-value basis, including
consideration of source under other public and private
agreements or contracts.
(2) Contract for sale of property.--A contract
entered into under this section may, at the discretion
of the Secretary of Agriculture, be considered a
contract for the sale of property under such terms as
the Secretary may prescribe without regard to any other
provision of law.
(3) Term.--
(A) In general.--Except as provided in
subparagraph (B), the Chief and the Director
may enter into a contract under subsection (b)
in accordance with section 3903 of title 41,
United States Code.
(B) Maximum.--The period of the contract
under subsection (b) may exceed 5 years but may
not exceed 10 years.
(4) Offsets.--
(A) In general.--The Chief and the Director
may apply the value of timber or other forest
products removed as an offset against the cost
of services received under the agreement or
contract described in subsection (b).
(B) Methods of appraisal.--The value of
timber or other forest products used as an
offset under subparagraph (A)--
(i) shall be determined using
appropriate methods of appraisal
commensurate with the quantity of
products to be removed; and
(ii) may--
(I) be determined using a
unit of measure appropriate to
the contracts; and
(II) may include valuing
products on a per-acre basis.
(5) Relation to other laws.--Notwithstanding
subsections (d) and (g) of section 14 of the National
Forest Management Act of 1976 (16 U.S.C. 472a), the
Chief may enter into an agreement or contract under
subsection (b). Notwithstanding section 2 of the Act of
July 31, 1947 (commonly known as the Materials Act of
1947; 30 U.S.C. 602), the Director may enter into an
agreement or contract under subsection (b).
(6) Contracting officer.--Notwithstanding any other
provision of law, the Secretary or the Secretary of the
Interior may determine the appropriate contracting
officer to enter into and administer an agreement or
contract under subsection (b).
(7) Fire liability provisions.--Not later than 90
days after the date of enactment of this section, the
Chief [and the Director] shall issue for use in all
contracts and agreements entered into by the Chief
under this section fire liability provisions that are
in substantially the same form as the fire liability
provisions contained in--
(A) integrated resource timber contracts, as
described in the Forest Service contract
numbered 2400-13, part H, section H.4; and
(B) timber sale contracts conducted pursuant
to section 14 of the National Forest Management
Act of 1976 (16 U.S.C. 472a).
(e) Receipts.--
(1) In general.--The Chief and the Director may
collect monies from an agreement or contract under
subsection (b) if the collection is a secondary
objective of negotiating the contract that will best
achieve the purposes of this section.
(2) Use.--Monies from an agreement or contract under
subsection (b)--
(A) may be retained by the Chief and the
Director; and
(B) shall be available for expenditure
without further appropriation at the project
site from which the monies are collected or at
another project site.
(3) Relation to other laws.--
(A) In general.--Notwithstanding any other
provision of law, the value of services
received by the Chief or the Director under a
stewardship contract project conducted under
this section, and any payments made or
resources provided by the contractor, Chief, or
Director shall not be considered monies
received from the National Forest System or the
public lands.
(B) Knutson-vanderberg Act.--The Act of June
9, 1930 (commonly known as the ``Knutson-
Vanderberg Act'') (16 U.S.C. 576 et seq.) shall
not apply to any agreement or contract under
subsection (b).
(f) Costs of Removal.--Notwithstanding the fact that a
contractor did not harvest the timber, the Chief may collect
deposits from a contractor covering the costs of removal of
timber or other forest products under--
(1) the Act of August 11, 1916 (16 U.S.C. 490); and
(2) the Act of June 30, 1914 (16 U.S.C. 498).
(g) Performance and Payment Guarantees.--
(1) In general.--The Chief and the Director may
require performance and payment bonds under sections
28.103-2 and 28.103-3 of the Federal Acquisition
Regulation, in an amount that the contracting officer
considers sufficient to protect the investment in
receipts by the Federal Government generated by the
contractor from the estimated value of the forest
products to be removed under a contract under
subsection (b).
(2) Excess offset value.--If the offset value of the
forest products exceeds the value of the resource
improvement treatments, the Chief and the Director
may--
(A) collect any residual receipts under the
Act of June 9, 1930 (commonly known as the
``Knutson-Vanderberg Act'') (16 U.S.C. 576 et
seq.); and
(B) apply the excess to other authorized
stewardship projects.
(h) Monitoring and Evaluation.--
(1) In general.--The Chief and the Director shall
establish a multiparty monitoring and evaluation
process that accesses the stewardship contracting
projects conducted under this section.
(2) Participants.--Other than the Chief and Director,
participants in the process described in paragraph (1)
may include--
(A) any cooperating governmental agencies,
including tribal governments; and
(B) any other interested groups or
individuals.
(i) Reporting.--Not later than 1 year after the date of
enactment of this section, and annually thereafter, the Chief
and the Director shall report to the Committee on Agriculture,
Nutrition, and Forestry of the Senate and the Committee on
Agriculture of the House of Representatives on--
(1) the status of development, execution, and
administration of agreements or contracts under
subsection (b);
(2) the specific accomplishments that have resulted;
and
(3) the role of local communities in the development
of agreements or contract plans.
----------
TITLE 40, UNITED STATES CODE
* * * * * * *
SUBTITLE II--PUBLIC BUILDINGS AND WORKS
* * * * * * *
PART C--FEDERAL BUILDING COMPLEXES
* * * * * * *
CHAPTER 63--SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND JOHN
F. KENNEDY CENTER FOR THE PERFORMING ARTS
* * * * * * *
Sec. 6301. Definition
In this chapter, the term ``specified buildings and
grounds'' means--
(1) Smithsonian institution.--The Smithsonian
Institution and its grounds, which include the
following:
(A) Smithsonian buildings and grounds on the
national mall.--The Smithsonian Building, the
Arts and Industries Building, the Freer Gallery
of Art, the National Air and Space Museum, the
National Museum of Natural History, the
National Museum of American History, the
National Museum of the American Indian, the
Hirshhorn Museum and Sculpture Garden, the
Arthur M. Sackler Gallery, the National Museum
of African Art, the S. Dillon Ripley Center,
and all other buildings of the Smithsonian
Institution within the Mall, including the
entrance walks, unloading areas, and other
pertinent service roads and parking areas.
(B) National zoological park.--The National
Zoological Park comprising all the buildings,
streets, service roads, walks, and other areas
within the boundary fence of the National
Zoological Park in the District of Columbia and
including the public space between that fence
and the face of the curb lines of the adjacent
city streets.
(C) Other smithsonian buildings and
grounds.--All other buildings, service roads,
walks, and other areas within the exterior
boundaries of any real estate or land or
interest in land (including temporary use) that
the Smithsonian Institution acquires and that
the Secretary of the Smithsonian Institution
determines to be necessary for the adequate
protection of individuals or property in the
Smithsonian Institution and suitable for
administration as a part of the Smithsonian
Institution.
(2) National gallery of art.--[The National Gallery
of Art] (A) The National Gallery of Art and its
grounds, which extend--
[(A)] (i) to the line of the face of the
south curb of Constitution Avenue Northwest,
between Seventh Street Northwest, and Fourth
Street Northwest, to the line of the face of
the west curb of Fourth Street Northwest,
between Constitution Avenue Northwest, and
Madison Drive Northwest; to the line of the
face of the north curb of Madison Drive
Northwest, between Fourth Street Northwest, and
Seventh Street Northwest; and to the line of
the face of the east curb of Seventh Street
Northwest, between Madison Drive Northwest, and
Constitution Avenue Northwest;
[(B)] (ii) to the line of the face of the
south curb of Pennsylvania Avenue Northwest,
between Fourth Street and Third Street
Northwest, to the line of the face of the west
curb of Third Street Northwest, between
Pennsylvania Avenue and Madison Drive
Northwest, to the line of the face of the north
curb of Madison Drive Northwest, between Third
Street and Fourth Street Northwest, and to the
line of the face of the east curb of Fourth
Street Northwest, between Pennsylvania Avenue
and Madison Drive Northwest; and
[(C)] (iii) to the line of the face of the
south curb of Constitution Avenue Northwest,
between Ninth Street Northwest and Seventh
Street Northwest; to the line of the face of
the west curb of Seventh Street Northwest,
between Constitution Avenue Northwest and
Madison Drive Northwest; to the line of the
face of the north curb of Madison Drive
Northwest, between Seventh Street Northwest and
the line of the face of the east side of the
east retaining wall of the Ninth Street
Expressway Northwest; and to the line of the
face of the east side of the east retaining
wall of the Ninth Street Expressway Northwest,
between Madison Drive Northwest and
Constitution Avenue Northwest.
(B) All other buildings, service roads, walks, and
other areas within the exterior boundaries of any real
estate or land or interest in land (including temporary
use) that the National Gallery of Art acquires and that
the Director of the National Gallery of Art determines
to be necessary for the adequate protection of
individuals or property in the National Gallery of Art
and suitable for administration as a part of the
National Gallery of Art.
(3) John f. kennedy center for the performing arts.--
The John F. Kennedy Center for the Performing Arts,
which extends to the line of the west face of the west
retaining walls and curbs of the Inner Loop Freeway on
the east, the north face of the north retaining walls
and curbs of the Theodore Roosevelt Bridge approaches
on the south, the east face of the east retaining walls
and curbs of Rock Creek Parkway on the west, and the
south curbs of New Hampshire Avenue and F Street on the
north, as generally depicted on the map entitled
``Transfer of John F. Kennedy Center for the Performing
Arts'', numbered 844/82563 and dated April 20, 1994 (as
amended by the map entitled ``Transfer of John F.
Kennedy Center for the Performing Arts'', numbered 844/
82563A and dated May 22, 1997), which shall be on file
and available for public inspection in the office of
the National Capital Region, National Park Service.
* * * * * * *
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
Requiring that funding for the program is 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
Requiring that funding 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 a portion of 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, and management planning and
compliance for areas administered by the National Park Service.
Providing that a single procurement may be issued for any
project funded in fiscal year 2017 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
Requiring that funding for the program is 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.
Providing funds to publish and disseminate data relative to
the foregoing activities.
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,
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 2017.
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 2016.
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 2017.
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.
Providing that funds shall be used for economic and
community development in conjunction with reclamation
priorities.
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.
Limiting funds for education-related administrative cost
grants.
Allowing the transfer of certain forestry funds.
Allowing the use of funds to purchase uniforms or other
identifying articles of clothing for personnel.
CONTRACT SUPPORT COSTS
Providing for such sums as are necessary to fully fund
contract support costs.
Prohibiting the transfer of funds from any other account
within the Indian Health Service to fund contract support
costs.
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.
Limiting the expansion of satellite school locations.
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 Payments 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.
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.
Exempting reconciliation of Special Deposit Accounts with
low balances in certain circumstances.
Allowing for limited aggregation of trust accounts of
individuals whose whereabouts are unknown.
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 and sale of certain 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 Bureau of Indian Education 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.
Allowing for the more efficient use of reimbursable funding
agreements.
Prohibiting the use of funds to change the status of sage-
grouse under the Endangered Species Act and to prohibit funds
to implement Federal Resource Management Plans unless certain
criteria are met.
Addressing Solicitor Opinion M-37025, dated November 4,
2011.
Reconstituting the Indian Education Fund.
Providing authorities for heritage areas.
Expanding conservation fish hatcheries.
Requiring the reissuance of certain final rules and
prohibiting such rules from further judicial review.
Prohibiting the use of funds to develop, carry out, or
implement proposed regulations published on July 7, 2015, or
any changes to regulations published on June 30, 1983.
Prohibiting the use of funds to implement, administer, or
enforce a National Park Service policy to eliminate the sale of
water in disposable, recyclable bottles in national parks.
Prohibiting the use of funds to finalize the Bureau of Land
Management's proposed rule titled Waste Prevention, Production
Subject to Royalties, and Resource Conservation.
Prohibiting the use of funds to list in the National
Register of Historic Places property deemed crucial to national
security and military training.
Prohibiting the use of funds to change regulations for
drilling margins and downhole mud weight as of April 1, 2015.
Prohibiting the implementation of a final rule for
federally recognizing Indian tribes.
Modifying 50 CFR 14.92(a)(1) to include echinoderms
commonly known as sea urchins and sea cucumbers.
Prohibiting the use of funds for the Bureau of Offshore
Energy Management to issue, finalize, or implement a rule until
certain criteria are met.
Adressing land taken into trust between 1934 and February
24, 2009.
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 report accompanying 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 report accompanying this Act.
Designating funding for Geographical programs as specified
in the report accompanying this Act.
Providing for the use of funds to assist with States Solid
Waste management plans.
Providing for the use of funds for a report on the
effectiveness States Solid Waste management plans toward the
intended purpose.
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 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 certain grants under authority of Section 103,
Clean Air Act.
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.
WATER INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM ACCOUNT
Defining costs of loans and costs of modifying loans.
Providing availability of funds.
Designating the deposit and availability of fees.
Providing administrative expenses to carry out the
programs.
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.
Designating the policy for treatment of biomass emissions
as carbon neutral.
Designating the policy for review of exempt aquifer
applications.
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.
Deriving certain funds 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
Requiring that funding for the program is 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.
Requiring regular report of all unobligated balances.
Providing a categorical exclusion for certain forest
management activities.
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 for operational funds for leased space and
accreditation emergencies.
Providing for the allocation of certain funds.
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.
CONTRACT SUPPORT COSTS
Providing for such sums as are necessary to fully fund
contract support costs.
Prohibiting the transfer of funds from any other account
within the Indian Health Service to fund contract support
costs.
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.
Requiring departmental assessments to be identified in
annual budget justifications.
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.
Prohibiting changes in organizational structure without
advance notification to Congress. 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 that funds in this and prior appropriations Acts
shall be used to relocate persons certified as eligible.
Providing that no person can be evicted unless a
replacement home is provided.
Providing that no relocatee is provided with more than one
new or replacement home.
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 with per diem rate limitations.
Limiting the number of senior level positions.
Designating the individual appointed to the position of
Inspector General of the Environmental Protection Agency as the
Inspector General of the Board.
Directing use of personnel and limiting position
appointments within the Board.
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.
Woodrow Wilson International Center for Scholars
SALARIES AND EXPENSES
Providing funds to the Woodrow Wilson Center for Scholars.
Allowing for hire of passenger vehicles and services.
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.
Providing that one-tenth of one percent of funds provided
may be used for official reception and representation expenses.
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.
Continuing a provision regarding the payment of contract
support costs for prior fiscal years.
Addressing the payment of contract support costs for fiscal
year 2017.
Continuing 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.
Limiting leasing and preleasing activities within National
Monuments.
Limiting takings for acquisition of lands except under
certain conditions.
Continuing a provision addressing timber sales involving
Alaskan western 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.
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.
Extending certain authorities allowing the Forest Service
to renew grazing permits.
Providing a one-year extension of the Federal Lands
Recreation Enhancement Act.
Making a technical correction regarding stewardship
contracting authority.
Prohibiting the use of funds to maintain or establish a
computer network unless such network blocks the viewing,
downloading, and exchanging of pornography.
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''.
Prohibiting the use of funds to require permits for the
discharge of dredged or fill material for certain agriculture
activities.
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 limit recreational shooting
and hunting on Federal and public lands except for public
safety.
Prohibiting the use of funds to enforce provisions within
the lead renovation rule until EPA has approved a commercially
available lead test kit or solicits public comment on
alternatives.
Prohibiting the use of 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.
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.
Setting 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 implement or enforce a
provision of a rule related to designated representatives.
Addressing the implementation of national ambient air
quality standards for ozone.
Prohibiting the use of funds to develop, propose, finalize,
implement, or enforce any rule or guideline to address methane
emissions from sources in the oil and natural gas sector under
section 111(b) or (d) of the Clean Air Act, and proposed
guidelines from September 18, 2015.
Prohibiting the use of funds to modify existing royalty
rates on coal and oil and gas leases.
Establishing a deadline for the review of the Federal coal
program.
Revising the definition of the National Gallery of Art's
buildings and grounds commensurate with the Gallery's
geographic boundaries.
Prohibiting the use of funds for the Bureau of Land
Management to update its planning process regulations unless it
meets certain criteria.
Providing for the humane transfer of excess wild horses and
burros.
Prohibiting the use of funds to list the lesser prairie
chicken under the Endangered Species Act.
Directing the Indian Health Service to establish governance
boards at certain federally operated hospitals, with the
consent and participation of tribes.
Addressing the Old and Middle River reverse flow operations
in California.
Addressing increased Old and Middle River reverse flows in
California during certain times.
Addressing certain water rights and water supply deliveries
in California.
Prohibiting funds to implement the San Joaquin River
Restoration program.
Prohibiting funds for instream flow purchases in California
carried out by the Bureau of Reclamation at certain times.
Addressing water storage at New Melones Reservoir.
Prohibiting the use of funds to designate national
monuments in certain counties.
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:
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:
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:
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:
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(i) of H. Res. 5 (114th Congress), the
Committee estimates that the bill directs two rule makings in
section 119.
TABLE OF FUNDING RECOMMENDATIONS
The following table provides the amounts recommended by the
Committee compared with the budget estimates by account.
DISSENTING VIEWS
The Interior, Environment and Related Agencies (Interior)
Appropriations bill provides $32.095 billion for most of the
Department of the Interior, the Environmental Protection
Agency, and other related agencies. This allocation is $64
million less than the fiscal year 2016 enacted level.
Environmental Protection
The most significant programmatic cut is to the
Environmental Protection Agency, which would receive $164
million less than the FY 2016 enacted level. This cut will
impact the Agency's ability to protect public health and the
environment, and will jeopardize clean air and water for our
families and future generations.
Draconian cuts to EPA would undermine EPA's ability to
effectively regulate pollution. The bill starves EPA of
resources for enforcement and legal services, cutting $37
million below the fiscal year 2016 enacted level and $115
million below the Administration's request. These cuts would
reduce EPA's capacity to enforce and litigate environmental
laws that are in place to protect individuals and create an
unfair playing field in which big corporations are the winners
and regular citizens are left unprotected. Disappointingly, the
bill reduces the Clean Water State Revolving Fund by $394
million below the fiscal year 2016 enacted level. This cut is
both austere and irresponsible. EPA's most recent Clean
Watersheds Needs Survey estimated the investment required to
meet wastewater and stormwater treatment and collection to be
$271 billion. The bill's disinvestment in wastewater
infrastructure is at odds with addressing this need.
While funding for water infrastructure is woefully
inadequate, the bill appropriately provides additional
authority for states to offer debt relief in areas with
elevated levels of lead in drinking water.
However, this bill does not provide any funding
specifically to assist the residents of Flint, Michigan, even
though thousands of children and adults were poisoned by
contaminated water as a result of corroded lead pipes. The
situation in Flint is a culmination of years of weakening EPA
through budget cuts and over-reliance on state agencies to
manage federal environmental laws. All of our communities
deserve and expect their government to provide clean water and
basic public health protections.
Residents of Flint were betrayed by their state government
and to this day still do not have safe drinking water available
from their taps. That is why it is imperative the
Appropriations Committee provide additional funds for Flint,
Michigan, under an emergency designation. A Federal State of
Emergency was declared for Flint, yet the Committee voted down,
along party lines, an amendment offered by Representatives
McCollum and Wasserman Schultz to provide emergency funding to
begin to address these responsibilities. It is unconscionable
that American citizens have been victimized first by their
state government and now by the Federal government.
Resource Conservation
The majority continues its assault on the Endangered
Species Act in this bill, reducing funding for endangered
species listing by 30 percent. This irresponsible cut opens the
door for litigation and delays protecting and recovering
vulnerable species.
This bill also shortchanges the Land and Water Conservation
Fund (LWCF), which since its inception has protected
conservation and recreation land in every State and supported
tens of thousands of State and local projects. Yet, despite its
merits, this bill slashes the LWCF program by a third. This
successful program enjoys bipartisan support, as evidenced by
the amendment offered and withdrawn by Republican
Representative Fortenberry. Unfortunately an inadequate overall
allocation does not provide sufficient resources for this
important program.
In light of the armed occupation of the Malheur National
Wildlife Refuge in Oregon, we strongly reject the majority's
policy decision to leave the National Wildlife Refuge System
vulnerable to those who seek to harm the refuge.
Representative Kilmer's amendment, which failed, 20-29,
would have saved taxpayer dollars by allowing the Fish and
Wildlife Service to recover costs from any responsible party
who has inflicted damage or injury to a National Wildlife
Refuge and use those funds for the repair, restoration, or
replacement of the refuge. Currently, fines and penalties
resulting from litigation against responsible parties who
damaged a refuge go to the U.S. Treasury. This amendment would
have brought parity between the Fish and Wildlife Service and
the other land management agencies in the Department of the
Interior. The National Park Service, Bureau of Land Management,
as well as the National Oceanic Atmospheric Administration all
have this authority.
The costs associated with the recent 41 day illegal
occupation of Malheur National Wildlife Refuge highlight the
importance of this authority. The current cost to the American
taxpayer of this illegal occupation is $6.9 million, almost
three times the annual appropriation of $2.5 million to operate
Malheur National Wildlife Refuge. The House majority's
opposition to this amendment further supports their agenda to
undermine federal management of public lands.
Native American Issues
Despite this bill's shortcomings in environmental
protection and resource conservation, the subcommittee
continues to maintain a non-partisan approach to addressing
Native American issues, and the bill recommends an increase of
$343 million for programs critical to Indian Country.
The increased funding for the Bureau of Indian Affairs and
the Indian Health Service is critical to fulfilling our federal
trust and treaty responsibilities to tribal nations, including
support for health care, education, and public safety. American
Indian and Alaska Native populations face substantial
hardships, and when compared to the total population, have
poorer health, lower earnings, and higher poverty rates.
The bill maintains the subcommittee's commitment to
providing Native American students with safe schools that are
conducive to learning and to fully funding contract support
costs so tribes are not penalized for exercising their self-
determination rights.
National Park Service
Another bright spot in this bill is the continued support
for the National Park Service's Centennial Initiative. The bill
recommends an additional $80 million for the Centennial, which
will strengthen the foundation for visitor services and make
essential infrastructure investments.
We praise the Chairman for working with us to resurrect the
Save America's Treasures program. This program funds
preservation of nationally significant sites, structures, and
artifacts. Additionally, we note that the bill provides $11
million for the Civil Rights Initiative grant program, an
increase of $3 million above the fiscal year 2016 enacted
level, but $14 million below the budget request. The bill also
provides $3 million for grants-in-aid to Historically Black
Colleges and Universities, which is $3 million above the fiscal
year 2016 enacted level and equal to the request.
Wildland Fire Funding
Once again the majority has failed to adopt the common
sense reforms requested by the Administration and championed in
Representative Simpson's wildfire disaster funding bill. Every
member of the Interior subcommittee is a cosponsor of that
bill, yet the majority has balked, citing committee
jurisdiction. The majority should adopt the Administration's
proposal so costs associated with wildfires can be responsibly
met without usurping base funding of other agencies in the
Interior bill.
Legislative Riders
The bill includes numerous harmful funding limitations and
legislative riders. The number and outrageous nature of the
riders included in this bill pander to special interests at the
expense of the public good.
Once again the bill is loaded with veto-bait provisions
that seek to derail the Administration's effort to combat
climate change, restrict control of greenhouse gas emissions,
and undermine clean water and clean air protections.
This bill contains provisions that would undermine worker
protections for agricultural workers and offshore oil rig
workers. This includes a provision that would effectively and
functionally deny workers information regarding pesticide
application and hazard information. There is also a provision
that would reverse the safety improvements developed following
the Deepwater Horizon tragedy. Eleven lives were lost in that
explosion. It is unconscionable this bill puts the profits of
big agricultural and oil companies ahead of worker safety.
The bill carries several harmful policy provisions that
block the federal government's ability to use the Endangered
Species Act and effectively repeals major federal land
management statutes like the Federal Land Management Policy and
Management Act and the National Forest Management Act by
subordinating federal authority to undefined state land use
plans.
Democrats attempted to address many inadequacies through
the amendment process in Committee. Ranking Member McCollum
offered an amendment to remove thirty-three partisan riders,
including those affecting the Department of the Interior, EPA
and U.S. Forest Service. The majority strongly rejected these
efforts. Ranking Member Lowey offered an amendment to strike
section 429, which delays implementation of EPA's lead
renovation, repair, and painting rule. The amendment failed
along party lines, and the majority effectively stripped EPA of
one of its tools for addressing lead paint in homes.
Instead, more controversial riders were added during
Committee mark-up, including one that undermines the
Antiquities Act, prohibiting the use of funds to make a
Presidential declaration of a national monument in several
specific counties across the country. There were also several
Republican amendments adopted that delayed the Administration
from finalizing rules related to land use and energy use. The
majority also offered and approved an amendment related to
California's complex water challenges, which would inject ill-
considered and controversial language that preempts state water
law, court decisions, and statutory environmental protections,
and has no place on an appropriations bill.
Finally, the majority once again rejected an amendment to
provide the full $1.9 billion requested by the Administration
to protect Americans from the Zika virus.
We cannot support this bill given in its current form given
the inclusion of ideological riders, dramatic cuts to
environmental protection, and the insufficient allocation for
the overall bill. Despite our current opposition, we intend to
continue to work with Chairman Calvert through this year's
appropriations process to produce a responsible bill that both
parties can support.
Nita M. Lowey.
Betty McCollum.
