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115th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 115-765
======================================================================
DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
APPROPRIATIONS BILL, 2019
_______
June 19, 2018.--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. 6147]
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, 2019. 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: 2
7
Bureau of Land Management.......................... 2
7
United States Fish and Wildlife Service............ 8
11
National Park Service.............................. 14
20
United States Geological Survey.................... 19
30
Bureau of Ocean Energy Management.................. 22
34
Bureau of Safety and Environmental Enforcement..... 23
35
Office of Surface Mining Reclamation and
Enforcement.................................... 25
36
Bureau of Indian Affairs and Bureau of Indian
Education...................................... 28
38
Office of the Secretary............................ 38
44
Insular Affairs.................................... 40
45
Office of the Solicitor............................ 43
46
Office of Inspector General........................ 43
46
Office of the Special Trustee for American Indians. 43
46
Department-wide Programs: 46
48
Wildland Fire Management, Interior Department...... 46
48
Central Hazardous Materials Fund................... 49
49
Natural Resource Damage Assessment and Restoration. 49
49
Working Capital Fund............................... 50
49
Office of Natural Resources Revenue................ 52
50
Payments in Lieu of Taxes (PILT)................... 52
50
General Provisions, Department of the Interior..... 52
50
Title II--Environmental Protection Agency: 64
51
Science and Technology............................. 64
53
Environmental Programs and Management.............. 65
56
Hazardous Waste Electronic Manifest System Fund....
61
Office of Inspector General........................ 66
61
Buildings and Facilities........................... 67
61
Hazardous Substance Superfund...................... 67
62
Leaking Underground Storage Tank Trust Fund Program 68
63
Inland Oil Spill Programs.......................... 68
64
State and Tribal Assistance Grants................. 69
64
Water Infrastructure Finance and Innovation Program
Account........................................ 77
67
Administrative Provisions.......................... 78
67
Title III--Related Agencies: 82
68
Office of the Under Secretary for Natural Resources
and Environment................................ 82
68
Forest Service, U.S. Department of Agriculture..... 82
70
Wildland Fire Management, Forest Service........... 87
78
Indian Health Service, U.S. Department of Health
and Human Services............................. 95
78
National Institute of Environmental Health Sciences 105
81
Agency for Toxic Substances and Disease Registry... 105
82
Other Related Agencies: 106
82
Council on Environmental Quality and Office of
Environmental Quality.......................... 106
82
Chemical Safety and Hazard Investigation Board..... 107
83
Office of Navajo and Hopi Indian Relocation........ 108
84
Institute of American Indian and Alaska Native
Culture and Arts Development................... 109
84
Smithsonian Institution............................ 109
84
National Gallery of Art............................ 110
87
John F. Kennedy Center for the Performing Arts..... 112
87
Woodrow Wilson International Center for Scholars... 113
88
National Endowment for the Arts.................... 113
88
National Endowment for the Humanities.............. 113
90
Commission of Fine Arts............................ 115
91
National Capital Arts and Cultural Affairs......... 116
91
Advisory Council on Historic Preservation.......... 116
91
National Capital Planning Commission............... 116
92
United States Holocaust Memorial Museum............ 116
92
Dwight D. Eisenhower Memorial Commission........... 117
93
Women's Suffrage Centennial Commission............. 117
93
World War I Centennial Commission.................. 117
94
Title IV--General Provisions: 118
94
Dissenting Views...................................
217
INTRODUCTION
The Department of the Interior, Environment, and Related
Agencies Appropriations bill for fiscal year 2019 totals
$35,252,000,000, equal to the fiscal year 2018 enacted level.
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 2019 fiscal year 2019 budget estimates
----------------------------------------------------------------------------------------------------------------
Title I, Department of the Interior:
New budget authority............................... $10,526,970,000 $13,046,509,000 +$2,519,539,000
Title II, Environmental Protection Agency:
New budget authority............................... $6,191,887,000 $7,958,488,000 +$1,766,601,000
Title III, Related Agencies:
New budget authority............................... $11,558,033,000 $13,882,003,000 +$2,323,970,000
Title IV, General Provisions:
New budget authority............................... $0 $365,000,000 +$365,000,000
--------------------------------------------------------
Grand total, New budget authority............ $28,276,890,000 $35,252,000,000 +$6,975,110,000
----------------------------------------------------------------------------------------------------------------
Committee Oversight
Members of Congress have provided considerable input in
fashioning this bill. In total, 364 Members submitted 5,220
programmatic requests relating to multiple agencies and
programs.
The Interior, Environment, and Related Agencies
Subcommittee conducted nine 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:
Department of the Interior FY19 budget oversight hearing--
April 11, 2018
Smithsonian Institution FY19 budget oversight hearing--
April 12, 2018
Indian Health Service FY19 budget oversight hearing--April
17, 2018
Members of Congress Witness Day hearing--April 19, 2018
Environmental Protection Agency FY19 budget oversight
hearing--April 26, 2018
American Indian/Alaska Native Public Witnesses--May 9, 2018
(morning)
American Indian/Alaska Native Public Witnesses--May 9, 2018
(afternoon)
American Indian/Alaska Native Public Witnesses--May 10,
2018 (morning)
American Indian/Alaska Native Public Witnesses--May 10,
2018 (afternoon)
In total, 89 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 64 Members of Congress,
organizations, or coalitions provided written testimony for the
hearing record which is publicly available online.
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 2018, 49 states, the District of Columbia, Guam, the
Commonwealth of Puerto Rico, and the U.S. Virgin Islands will
receive PILT payments. The projected full-year cost estimate
for PILT for fiscal year 2019 is not yet available and will be
considered by the Committee at such time as the Department
conveys this information to the Committee prior to the
enactment of this Act. The Committee includes bill language
providing $500,000,000 in PILT funding for fiscal year 2019,
$35,000,000 above the budget request.
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 dollars, 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
$312 million, of which the National Park Service collects
nearly $284 million. In 2017, the recreation fee program
collected nearly $419 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 Department of the Interior and U.S. Forest Service are
expected to prioritize continued coordination with other
Federal agencies and State fish and wildlife agencies to
recognize and fully utilize State fish and wildlife data and
analyses as a primary source to inform land use, planning, and
related natural resource decisions. Federal agencies should not
unnecessarily duplicate raw data, but when appropriate,
evaluate existing analysis of data prepared by the States, and
reciprocally share data with State wildlife managers, to ensure
that the most complete data set is available for decision
support systems.
PAPER REDUCTION
The Committee urges each agency funded by this Act to work
with the Office of Management and Budget 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 academic internships,
partnerships, and 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.
HARASSMENT-FREE WORKPLACE
The Committee continues to be deeply concerned about
reports of harassment and hostile work environments and notes
with disappointment the finding from the Department of the
Interior's 2017 Work Environment Study that 35 percent of its
employees experienced some form of harassment and/or assault-
related behaviors in the 12 months preceding the survey. The
Committee expects all Federal employees, including those in
leadership positions at the agencies funded through this bill,
to take the necessary steps to create and maintain harassment-
free workplaces and directs the Department of the Interior and
Environmental Protection Agency to comply with the directive
included in the Consolidated Appropriations Act, 2017 (P.L.
115-31) by July 1, 2018.
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
provides $360,199,000 for LWCF programs.
The recommendation includes funding for projects expected
to be submitted to the Committee for Congressional
consideration in accordance with the direction provided in the
explanatory statement accompanying Public Law 115-141.
Consistent with the process used in previous fiscal years, the
Committee will review and recommend levels of funding based on
Congressional priorities including, but not limited to, strong
State and local support for the project, leveraging of existing
lands, increased access to recreational opportunities, and
project-readiness.
21ST CENTURY CONSERVATION SERVICE CORPS
The Committee encourages the Departments of Agriculture and
the Interior to continue facilitating the approval of 21st
Century Conservation Service Corps organizations and work in
partnership to engage young adults and veterans in
conservation, recreation, infrastructure, wildfire, disaster
response, and community development service projects on public
lands and in rural and urban communities, as authorized by the
Public Lands Corps Act (16 U.S.C. 1721 et seq.).
TRIBAL CONSULTATION
The Committee notes with concern the frustrations heard
from Tribes about agency failures to conduct ``true'' and
``meaningful'' government-to-government consultation. Although
the level of frustration varies by agency and event, the common
theme is that while most consultations solicit input and
feedback from Tribes, the communication is one way and fails to
return feedback to Tribes. Tribes often report that they don't
know whether and how their input is considered. On decisions
made in consultation with Tribes, the Committee expects
agencies funded in this bill to publish decision rationale in
the context of and in reasonable detail to the Tribal input
received during consultation.
ARTS AND HUMANITIES ADVOCACY
The Committee acknowledges and appreciates decades of arts
and humanities advocacy by the late Rep. Louise M. Slaughter.
In her memory, the Committee encourages NEA and NEH to expand
grant-making activities in a manner that honors her advocacy,
especially in rural and under-served areas, so more Americans
are able to benefit from the economic, social, and educational
impacts of the arts and humanities.
REPROGRAMMING GUIDELINES
The Committee retains the reprogramming guidelines
contained in the joint explanatory statement accompanying
Public Law 115-141.
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
MANAGEMENT OF LANDS AND RESOURCES
Appropriation enacted, 2018........................... $1,166,043,000
Budget estimate, 2019................................. 911,320,000
Recommended, 2019..................................... 1,228,579,000
Comparison:
Appropriation, 2018............................... +62,536,000
Budget estimate, 2019............................. +317,259,000
The Committee recommends $1,228,579,000 for Management of
Lands and Resources, $62,536,000 above the fiscal year 2018
enacted level and $317,259,000 above the budget request. A
detailed table of funding recommendations below the account
level is provided at the end of this report.
The Committee does not accept the Bureau's proposal to
consolidate accounts within Management of Land and Resources at
this time. However, the Committee appreciates the Bureau's
efforts to reduce complexity in its budget and increase its
flexibility so that it can better achieve its multiple-use
mission and will work with the Bureau throughout the fiscal
year 2019 appropriations process to determine the best path
forward.
The Bureau 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.
Soil, Water, and Air Management.--The Committee recommends
$43,609,000 for soil, water, and air management, equal to the
fiscal year 2018 enacted level and $43,609,000 above the budget
request.
The Colorado River Basin Salinity Control Program is funded
at $2,000,000. The Committee requests that the Bureau provide
detailed information in its fiscal year 2020 budget request for
the program and work with the basin States to conduct a long-
term trend analysis on salinity levels in the Colorado River
Basin.
Bighorn Sheep.--The Bureau is encouraged to collaborate
with the U.S. Forest Service and the Agricultural Research
Service on research involving the risk of disease transmission
between domestic and bighorn sheep.
Plant Conservation Program.--The Committee is pleased the
Bureau's plant conservation program is back on track. The
Committee expects no additional delays in program
implementation in fiscal year 2019 and encourages the Bureau to
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.
Aquifer Recharge and Water Quality.--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 and to work with Blaine
County and interested community stakeholders to address the
increased sediment buildup in the Hulen Meadows Pond by
examining collaborative solutions to restoring the pond to
adequate health through dredging and other cost-effective
measures.
Drought in Western United States.--The Committee is
concerned about the ongoing drought affecting the western
United States and supports the Bureau's work with the State of
Utah, through the Watershed Restoration Initiative, to develop
water resources to benefit the public, wildlife, endangered
species, permittees, and other users. The Bureau is encouraged
to continue to work with the State and other interested
entities to identify and pursue the highest priority projects.
Wild Horse and Burro Management.--The Committee recommends
$90,000,000 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, $15,000,000
above the fiscal year 2018 enacted level and $23,281,000 above
the budget request. The Committee notes that its recommendation
may change based upon the receipt of additional information
prior to enactment of the fiscal year 2019 Interior
Appropriations Act.
The Committee appreciates the April 26, 2018, report to
Congress titled ``Management Options for a Sustainable Wild
Horse and Burro Program'' and recognizes the challenges
Congress, the Bureau, and interested stakeholders face in
setting this program on a better course to reduce costs,
improve the condition of the range, and ensure a healthy wild
horse and burro population. The Committee strongly encourages
all parties to work together to address these challenges.
The Committee requests that the Bureau conduct an analysis
that identifies factors for success, total funding
requirements, and expected results on potential options that
(1) remove animals from the range; (2) increase the use of
sterilization; (3) increase the use of short-term fertility
control; (4) provide an adoption incentive of $1,000 per
animal; and either (a) allow animals older than 10 years of age
to be humanely euthanized; or (b) prohibit the use of
euthanasia on healthy wild horses and burros.
The Committee also requests an analysis on (1) options to
enter into long-term contractual or partnership agreements with
private, non-profit entities to reduce the cost of holding wild
horses and burros for their natural lives and (2) the
feasibility of assigning full responsibility for care for wild
horses and burros removed from the range to these types of
entities.
The Committee further directs the Bureau to immediately
begin designing the regulatory framework and technical
protocols for an active sterilization program. The Bureau
should ensure it considers the health and welfare of individual
wild horses and burros and their populations and evaluates the
costs of such a program. It also should draw upon the expertise
of Federal, State, and private equine veterinarians, veterinary
medical schools, and those with related training and
experience.
In the bill, the Committee provides the Bureau legislative
authority to manage groups of wild horses and burros as non-
reproducing or single sex herds, including through the use of
chemical or surgical sterilization.
The bill maintains existing protections regarding the sale
and use of euthanasia for wild horses and burros and continues
two general provisions within Title I allowing the Bureau to
enter into long-term contracts and agreements for holding
facilities off the range and for the humane transfer of excess
animals for work purposes.
Wildlife Management.--The Committee recommends
$103,281,000, equal to the fiscal year 2018 enacted level. This
includes $60,000,000 for sage-grouse and related sage-steppe
conservation activities, which is equal to the fiscal year 2018
enacted level.
Recreation Resources Management.--The Committee recommends
$55,465,000 for recreation resources management, $1,000,000
above the fiscal year 2018 enacted level and $2,231,000 above
the budget request. The recommended increase is provided to
support the Bureau's front line field office staff in States
that have taken on additional recreational responsibilities
that have affected delivery of land management programs and
services.
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.
Off-Highway Vehicle Pilot Program.--The Committee directs
the Bureau to develop guidance and procedures that the
California State Office can use to implement an independent
monitoring pilot program for certain off-highway vehicle
events. The guidance should include eligibility criteria and
responsibilities for organizations that are independent
monitors, as well as a clear process that State or field
offices can use to partner with organizations for independent
monitoring. The Committee encourages the Bureau to work with
the off-highway vehicle community and other interested entities
to refine the pilot so that it can be successfully implemented
on a broader scale.
Energy and Minerals.--The Committee recommends a total of
$200,089,000, $6,161,000 above the fiscal year 2018 enacted
level and $15,123,000 above the budget request.
Soda Ash.--The Committee is concerned about maintaining the
United States' global competitiveness in the production of
natural soda ash and supports a reduction in the Federal
royalty rate for soda ash mined on Federal land to a minimum of
2 percent, which is consistent with current law. The Committee
directs the Bureau to take the necessary steps to reduce the
Federal royalty rate for soda ash as appropriate.
Placer Mining Reclamation Activities.--The Committee
continues to hear concerns about the new reclamation standards
for placer mining operations and directs the Bureau to work
with States and placer miners to address these concerns.
Realty and Ownership Management.--The Committee recommends
a total of $73,480,000, $1,000,000 below the fiscal year 2018
enacted level and $11,610,000 above the budget request.
Red River Survey.--The Bureau is directed to contract with
independent, third-party surveyors who are licensed and
qualified to conduct official gradient boundary surveys and who
are selected jointly and operate under the direction of the
Texas General Land Office and the Oklahoma Commissioners of the
Land Office, in consultation with each affected federally
recognized Indian tribe.
Resource Management Planning.--Committee recommends
$62,125,000 for resource management planning, $2,000,000 above
the fiscal year 2018 enacted level and $25,994,000 above the
budget request. The additional funds are provided to support
the planning process for newly created and recently modified
National Monuments.
Law Enforcement.--The Committee recommends $29,000,000 for
law enforcement, $1,384,000 above the fiscal year 2018 enacted
level and $4,834,000 above the budget request. The additional
funds are provided to fill vacant ranger positions.
Transportation and Facilities Maintenance.--The Committee
recommends $154,201,000 for Transportation and Facilities
Maintenance, $35,875,000 above the fiscal year 2018 enacted
level and $95,702,000 above the budget request. This includes
an additional $35,000,000 to address deferred maintenance
needs.
National Landscape Conservation System.--The Committee
recommends $36,819,000 for the national landscape conservation
system, equal to the fiscal year 2018 enacted level and
$10,559,000 above the budget request.
The Committee notes the Bureau has been working with Canyon
Lake, California, regarding the sale and disposal of a parcel
of BLM land and encourages the Bureau to expeditiously conclude
the negotiations.
The Committee directs the Bureau to prioritize filling
critical staff vacancies at the State and field level and
requests a report showing the approved staffing plans for each
field component, including vacant positions, by September 30,
2018, and semiannual updates on the status of efforts to fill
these vacancies.
The Committee supports the innovative use of technology to
improve the timeliness and accuracy of permitting decisions and
encourages the Bureau to continue to partner with industry on
these efforts, as appropriate. The Committee directs the Bureau
to provide a report within 90 days of enactment of this Act on
the feasibility of developing and implementing a remote permit
demonstration project that utilizes technologies, such as high-
definition video and GPS location data, to facilitate the
permit decision-making process. The report should include
information on the cost and staffing requirements for the
Bureau, the role of industry, and the types of technologies and
practices that could be utilized.
LAND ACQUISITION
Appropriation enacted, 2018........................... $24,916,000
Budget estimate, 2019................................. -6,608,000
Recommended, 2019..................................... 17,392,000
Comparison:
Appropriation, 2018............................... -7,524,000
Budget estimate, 2019............................. +24,000,000
The Committee recommends $17,392,000 for land acquisition,
$7,524,000 below the fiscal year 2018 enacted level and
$24,000,000 above the budget request. A detailed table of
funding recommendations below the account level is provided at
the end of this report.
The Committee does not have sufficient information to
recommend specific Federal acquisition projects at this time,
but will review and recommend levels of funding for projects
submitted to the Committee in accordance with the direction
provided in the explanatory statement accompanying Public Law
115-141.
OREGON AND CALIFORNIA GRANT LANDS
Appropriation enacted, 2018........................... $106,985,000
Budget estimate, 2019................................. 90,031,000
Recommended, 2019..................................... 106,985,000
Comparison:
Appropriation, 2018............................... 0
Budget estimate, 2019............................. +16,954,000
The Committee recommends $106,985,000 for the Oregon and
California grant lands, equal to the fiscal year 2018 enacted
level and $16,954,000 above the budget request. The Committee
accepts the Bureau's new budget structure that provides for a
Western Oregon Grant Lands Management program. A detailed table
of funding recommendations below the account level is provided
at the end of this report.
RANGE IMPROVEMENTS
The Committee recommends an indefinite appropriation of not
less than $10,000,000 to be derived from public lands receipts
and Bankhead-Jones Farm Tenant Act lands grazing receipts, as
requested.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
The Committee recommends an indefinite appropriation
estimated to be $25,850,000 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 as enacted in the Consolidated
Appropriations Act, 2018.
UNITED STATES FISH AND WILDLIFE SERVICE
The U.S. Fish and Wildlife Service is the principal Federal
agency responsible for conserving, protecting and enhancing
fish, wildlife and plants and their habitats. The Service
manages more than 150 million acres in the National Wildlife
Refuge System, which encompasses 566 national wildlife refuges,
thousands of small wetlands and other special management areas
and Marine National Monuments. It also operates 71 national
fish hatcheries, 65 fish and wildlife management offices, and
80 ecological services field stations. The agency enforces
Federal wildlife laws, administers the Endangered Species Act,
manages migratory bird populations, restores nationally
significant fisheries, conserves and restores wildlife habitat
such as wetlands, and helps foreign governments with their
conservation efforts. It also oversees the Federal Assistance
program, which distributes hundreds of millions of dollars in
excise taxes on fishing and hunting equipment to State fish and
wildlife agencies.
RESOURCE MANAGEMENT
Appropriation enacted, 2018........................... $1,279,002,000
Budget estimate, 2019................................. 1,130,644,000
Recommended, 2019..................................... 1,288,808,000
Comparison:
Appropriation, 2018............................... +9,806,000
Budget estimate, 2019............................. +158,164,000
The Committee recommends $1,288,808,000 for Resource
Management. All subactivities and program elements presented in
the budget estimate submitted to the Congress are continued at
fiscal year 2018 enacted levels and adjusted for requested
fixed costs and transfers. None of the requested program
changes are agreed to unless specifically addressed below.
Recommended program changes, instructions, and details follow
below and in the table at the end of this report. Additional
instructions are included in the front of this report.
Ecological Services.--The recommendation includes
$249,661,000 in Ecological Services for Endangered Species Act
and related activities, $1,836,000 above the fiscal year 2018
enacted level and $37,885,000 above the budget request.
Ecological Services programs are expected to focus on
inherently Federal activities to the greatest extent
practicable.
Listing.--The recommendation includes $10,941,000 as
requested for ESA listings and related activities. Bill
language is continued as requested in order to protect the rest
of the Resource Management account from listing-related
judicial mandates.
The Service is commended for ensuring that States impacted
by a potential listing are provided the opportunity to be
involved in or lead the Species Status Assessment process.
The Service is expected to work with the States to develop
reasonable regulatory assurance criteria that include
responsible land management commitments by private landowners,
as discussed in detail in House Report 115-238.
Planning and Consultation.--The recommendation includes
$108,169,000 for timely evaluations and permitting of
development projects that contribute to economic growth and job
creation, $2,590,000 above the fiscal year 2018 enacted level.
Included is a $50,000 program increase as requested for energy
consultations, and a $1,907,000 general program increase which
should be allocated in proportion to workload as measured
across the Service rather than by region.
The Service is urged to provide technical assistance upon
request from partners making good faith efforts to develop and
implement responsible Habitat Conservation Plans.
The Committee is aware of the ongoing re-consultation by
the U.S. Bureau of Reclamation with the U.S. Fish and Wildlife
Service (FWS), the National Marine Fisheries Service (NMFS),
the State of California, and local public agencies identified
in Section 4004 of Public Law 114-322, on coordinated
operations of the Central Valley Project and the California
State Water Project. The Committee directs the Secretary of the
Interior, acting through the Director of the Fish and Wildlife
Service, in conjunction with the Secretary of Commerce, to
ensure completion of the biological opinions by May 31, 2020,
consistent with Section 4004 of Public Law 114-322.
Furthermore, the Committee requests the Secretary of the
Interior submit to Congress a timeline and plan for the
deployment of resources and staff to ensure the biological
opinions are completed by the above date, as well as regular
subsequent updates until the biological opinions are finalized.
In addition, given the complexities surrounding this issue, the
Committee strongly encourages the Secretary of the Interior to
work with the Secretary of Commerce to develop a joint
biological opinion, to the extent practicable, to minimize
conflicts between potential reasonable and prudent
alternatives/measures imposed by a biological opinion issued by
FWS and a biological opinion imposed by NMFS. In its notice of
intent dated December 29, 2017, the Bureau of Reclamation
stated the purpose of this re-consultation is ``to evaluate
alternatives that maximize water deliveries and optimize
marketable power generation consistent with applicable laws,
contractual obligations, and agreements; and to augment
operational flexibility by addressing the status of listed
species.'' The Committee supports these objectives.
Conservation and Restoration.--The recommendation includes
$34,031,000 for Conservation and Restoration, $1,635,000 above
the fiscal year 2018 enacted level. Included is a $1,457,000
general program increase for Candidate Conservation, which
should be allocated to Regions having adopted the Southeast
model of true collaboration with the States.
Recovery.--The recommendation includes $96,520,000 for
Endangered Species Act recovery activities, $5,488,000 above
the fiscal year 2018 enacted level. Funding to recover
threatened and endangered bats affected by white nose syndrome
is continued at $2,000,000. The recommendation includes a
$2,543,000 general program increase as requested for inherently
Federal activities, and an equal $2,543,000 program increase
for Recovery Challenge matching grants to incentivize greater
public and private involvement in recovery activities that are
not inherently Federal.
Recovery Challenge matching grants are to be used to
implement high priority recovery actions as prescribed in
recovery plans, including genetically-sound breeding, rearing,
and reintroduction programs. Longstanding partnerships,
including for the northern aplomado falcon, California condor,
and Steller's eider, should be funded at not less than
$2,000,000 and partner contributions should be not less than
their current amounts. The remaining funds should be dedicated
to new, multi-year partnerships and should require a 50:50
match, which may include in-kind services. Unless an affected
State is a partner on the project, none of the funds may be
awarded to a project until the project partners have consulted
with such State. The Service is expected to enter into an
agreement with the National Fish and Wildlife Foundation to
administer the program in full consultation with the Service
and subject to Service approval of all grants and cooperative
agreements. None of the funds may be used for indirect costs.
The Livestock Loss Demonstration Program is continued at
$1,000,000. The Service is directed to explore the feasibility
of expanding the Livestock Loss Demonstration Program to
include the Florida panther, and to report back to the
Committee within 120 days of enactment of this Act.
The Service is directed to complete all five-year reviews
within the 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 and complete the rulemaking process prior to
initiating the next status review for such species. In addition
to amounts discussed above, $4,373,000 is provided exclusively
to eliminate the backlog of downlistings and delistings.
The Committee notes the ongoing study to determine whether
or not animals currently classified as red wolves and Mexican
gray wolves are taxonomically valid species and subspecies
designations, respectively. If the Service concludes that such
animals are not taxonomically valid, the Service is directed to
propose rules to remove such animals from the List of
Endangered and Threatened Wildlife in section 17.11 of title
50, Code of Federal Regulations.
Habitat Conservation.--The recommendation includes
$65,290,000 for voluntary, non-regulatory habitat conservation
partnerships with public and private landowners, of which
$51,870,000 is to implement the Partners for Fish and Wildlife
Act and $13,420,000 is for the Coastal Program.
National Wildlife Refuge System.--The recommendation
includes $488,773,000 for the National Wildlife Refuge System,
$2,016,000 above the fiscal year 2018 enacted level.
The recommendation supports the directive in House Report
114-632 instituting signage on any individual refuge where
trapping occurs and establishing guidance to be included in the
refuge manual. Until the Committee is notified in writing that
all directives are complied with, $2,000,000 of the funding
provided for Wildlife and Habitat Management is not available
for obligation.
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 Committee notes with concern the Service's unilateral
decision to change the name of the Loess Bluffs National
Wildlife Refuge without first consulting local stakeholders via
an open process. The Service is directed to update its manual
to require consultation before deciding whether or not to
change the name of a refuge. The Service is further directed to
open the public process within 30 days of enactment of this
Act, on the question of whether or not to rename the Loess
Bluffs National Wildlife Refuge.
Migratory Bird Management.--The recommendation includes
$46,113,000 for migratory bird management, of which $350,000 is
for bird-livestock conflicts. The Service is commended for its
efforts to work with landowners to reduce black vulture
predation on livestock.
The Committee supports the Migratory Bird Program's
strategic investment in new technologies to more effectively
track the movements of bats and migrating birds and requests a
briefing on the two-year study to test the ability of digital
high-frequency nanotag transmitters.
Aviation Management is increased to $3,237,000 as requested
but is transferred to the General Operations activity to more
accurately reflect the program's responsibilities across the
Service.
Law Enforcement.--The recommendation includes $77,380,000
for law enforcement. Funds appropriated specifically to combat
wildlife trafficking may continue to be used as necessary to
supplement inspections.
The Service is directed to enforce illegal logging
violations pursuant to the Lacey Act.
The Service is expected to fully address the
recommendations in Government Accountability Office report GAO-
18-7, regarding the clarification of roles and responsibilities
for combatting wildlife trafficking in Southeast Asia.
International Affairs.--The recommendation includes
$15,895,000 for international affairs. The recommendation
includes requested increases of $1,093,000 to combat wildlife
trafficking and $368,000 to modernize the international trade
permitting system. The increases are offset by a general
reduction in international conservation financial and technical
assistance as requested, which are funded through the
Multinational Species Conservation Fund.
The Committee recognizes the Service's work with Honduras,
El Salvador, Guatemala, and Mexico to conserve priority species
and ecosystems, and urges the continuation of these
international partnerships in fiscal year 2019.
Fish and Aquatic Conservation.--The recommendation includes
$163,316,000 for Fish and Aquatic Conservation as discussed
below. The Service is expected to continue its tradition since
1871 of improving freshwater subsistence, commercial, and
recreational fishing.
National Fish Hatchery System Operations.--The
recommendation provides $56,107,000 and includes: $550,000 to
implement the Great Lakes Consent Decree; $1,430,000 for the
national wild fish health survey program, $1,475,000 to
continue mass marking salmonids in the Pacific Northwest; and
$1,200,000 for the Aquatic Animal Drug Approval Partnership.
The Service is encouraged to reexamine its funding priorities
with regard to the National Fish Hatchery System and to take
return on investment into account in determining those
priorities.
None of the funds may be used to terminate operations or to
close any facility of the National Fish Hatchery System. None
of the production programs listed in the March 2013 National
Fish Hatchery System Strategic Hatchery and Workforce Planning
Report may be reduced or terminated without advance, informal
consultation with affected States and Tribes.
The Service is expected to continue funding mitigation
hatchery programs via reimbursable agreements with Federal
partners. Future agreements should include reimbursement for
production, facilities, and administrative costs. The Service
is expected to ensure that its costs are fully reimbursed
before proposing to reduce or redirect base funding.
Maintenance and Equipment.--The recommendation provides
$22,965,000, which includes $13,249,000 to reduce the deferred
maintenance backlog and which, in addition to amounts provided
in the Construction account, should continue to be allocated to
facilities with the most severe health and safety deficiencies
across the System as a whole, rather than by region. All other
funds should continue to be allocated as in prior years and
should include mitigation hatcheries as needed to supplement
reimbursable funds.
Habitat Assessment and Restoration.--The recommendation
includes $32,678,000, of which: $268,000 is for the Chehalis
Fisheries Restoration Program; $5,000,000 is to implement the
Delaware River Basin Conservation Act; $13,998,000 is for the
National Fish Passage Program; and $6,664,000 is for the
National Fish Habitat Action Plan. The Service is expected to
be transparent with its partners regarding Federal costs for
program coordination and administration of the National Fish
Habitat Action Plan. The Klamath Basin Restoration Agreement is
funded at $1,610,000 as requested.
Population Assessment and Cooperative Management.--The
recommendation provides $30,250,000, of which $554,000 is to
implement the Great Lakes Consent Decree, and $455,000 is to
implement the Great Lakes Fish and Wildlife Restoration Act.
The Lake Champlain sea lamprey program is funded at the
requested level.
Aquatic Invasive Species.--The recommendation includes
$21,748,000, of which: $1,000,000 is to help States implement
plans required by the National Invasive Species Act (NISA);
$1,623,000 is for NISA coordination; $3,088,000 is to implement
subsection 5(d)(2) of the Lake Tahoe Restoration Act;
$10,400,000 is for controlling Asian carp in the Mississippi
and Ohio River Basins and preventing them from entering and
establishing in the Great Lakes; and $2,000,000 is to prevent
the spread of quagga and zebra mussels in the West.
Of the amount recommended for Asian carp control and
prevention, $2,000,000 is to expand and perfect the combined
use of contract fishing and deterrents to extirpate Asian carp,
including grass carp, where already established, pursuant to
individual State laws and regulations and as called for in
management plans. Contract fishing has proven to be an
extremely effective management tool and it is not meant to
develop a sustainable commercial fishery. The Service shall
continue to work with its State partners to gather data to
analyze the impacts of contract fishing to control abundance
and movement of Asian carp.
Cooperative Landscape Conservation.--The recommendation
provides $12,988,000 for cooperative landscape conservation.
The Committee recognizes the disparate levels of partner
support across the States and expects the Service to focus
funding where partnerships are strong.
Science Support.--The recommendation includes $17,267,000
for the Science Support program and includes $3,500,000 for
white-nose syndrome in bats. The Service should continue to co-
lead and implement the North American Bat Monitoring Program
with other Federal, State, and non-governmental partners. The
Service is expected to partner with Cooperative Research Units
whenever possible.
General Operations.--The recommendation includes
$152,125,000 for General Operations programs, and includes
requested program changes for Central and Regional Office
operations, including the proposed realignment for common
regional boundaries.
The recommendation includes $12,022,000 for the National
Fish and Wildlife Foundation (NFWF) and includes $2,000,000
previously provided through the Bureau of Land Management (BLM)
and $3,000,000 previously provided through the Forest Service.
Bill language is added requiring that NFWF match the funds and
authorizing an advance lump-sum grant, as was previously
provided through the BLM and Forest Service. NFWF is expected
to consult with the Fish and Wildlife Service on the use of
these funds to help the Service meet its mission and strategic
goals. In addition, NFWF is expected to administer the Delaware
River Basin Conservation Act program and the Recovery Challenge
grant program in full consultation with the Service, as
discussed previously in this report.
Aviation Management is funded at $3,237,000 as requested
but is transferred from Migratory Bird Management in order to
accurately reflect the program's responsibilities across the
Service.
The Service is encouraged to explore the benefits of States
using a portion of funds allocated by the Pittman-Robertson
Wildlife Restoration Act for public relations or any activity
or project designed to recruit or retain hunters and
recreational shooters.
Everglades.--The recommendation continues funding at fiscal
year 2018 enacted levels across multiple programs for
Everglades restoration and implementation of the Comprehensive
Everglades Restoration Plan (CERP).
CONSTRUCTION
Appropriation enacted, 2018........................... $66,540,000
Budget estimate, 2019................................. 13,746,000
Recommended, 2019..................................... 59,734,000
Comparison:
Appropriation, 2018............................... -6,806,000
Budget estimate, 2019............................. +45,988,000
The Committee recommends $59,734,000 for Construction and
includes $44,961,000 for the backlog of deferred maintenance
principally at national fish hatcheries and national wildlife
refuges. Within line-item construction, the recommendation does
not include requested new projects at Valle de Oro and Midway
Atoll National Wildlife Refuges. The detailed allocation of
funding by activity is included in the table at the end of this
explanatory statement.
When a construction project is completed or terminated and
appropriated funds remain, the Service may use those balances
to respond to unforeseen reconstruction, replacement, or repair
of facilities or equipment damaged or destroyed by storms,
floods, fires and similar unanticipated events.
LAND ACQUISITION
Appropriation enacted, 2018........................... $63,839,000
Budget estimate, 2019................................. 6,953,000
Recommended, 2019..................................... 47,438,000
Comparison:
Appropriation, 2018............................... -16,401,000
Budget estimate, 2019............................. +40,485,000
The Committee recommends $47,438,000 for land acquisition,
$16,401,000 below the fiscal year 2018 enacted level and
$40,485,000 above the budget request. A detailed table of
funding recommendations below the account level is provided at
the end of this report.
The Committee does not have sufficient information to
recommend specific Federal acquisition projects at this time,
but will review and recommend levels of funding for projects
submitted to the Committee in accordance with the direction
provided in the explanatory statement accompanying Public Law
115-141.
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 2019.
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
The Cooperative Endangered Species Conservation Fund
(CESCF; Section 6 of the Endangered Species Act), administered
by the Service's Ecological Services program, provides grant
funding to States and Territories for species and habitat
conservation actions on non-Federal lands, including habitat
acquisition, conservation planning, habitat restoration, status
surveys, captive propagation and reintroduction, research, and
education.
Appropriation enacted, 2018........................... $53,495,000
Budget estimate, 2019................................. 0
Recommended, 2019..................................... 53,495,000
Comparison:
Appropriation, 2018............................... 0
Budget estimate, 2019............................. +53,495,000
The Committee recommends $53,495,000 for the Cooperative
Endangered Species Conservation Fund, equal to the fiscal year
2018 enacted level. A detailed table of funding recommendations
below the account level is provided at the end of this report.
The Service is commended for lifting the cap on funding for
each Habitat Conservation Plan (HCP), and is expected to
continue to apportion funding to HCPs based on need in order to
eliminate unobligated balances.
The Service is strongly encouraged to consider structuring
land acquisitions for HCPs in a manner similar to projects in
the Land Acquisition account. Such projects are typically
delineated by refuge unit, and high priority projects are
typically funded over several years. In so doing, the Service
and its partners are able to plan more efficiently and move
more quickly when willing sellers become available.
The Service is expected to seek consensus agreement with
the State regarding the use of funds before awarding any
traditional conservation grant.
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, 2018........................... $13,228,000
Budget estimate, 2019................................. 0
Recommended, 2019..................................... 13,228,000
Comparison:
Appropriation, 2018............................... 0
Budget estimate, 2019............................. +13,228,000
The Committee recommends $13,228,000 for the National
Wildlife Refuge Fund, equal to the fiscal year 2018 enacted
level.
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, 2018........................... $40,000,000
Budget estimate, 2019................................. 33,600,000
Recommended, 2019..................................... 42,000,000
Comparison:
Appropriation, 2018............................... +2,000,000
Budget estimate, 2019............................. +8,400,000
The Committee recommends $42,000,000 for the North American
Wetlands Conservation Fund, $2,000,000 above the fiscal year
2018 enacted level.
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, 2018........................... $3,910,000
Budget estimate, 2019................................. 3,900,000
Recommended, 2019..................................... 3,910,000
Comparison:
Appropriation, 2018............................... 0
Budget estimate, 2019............................. +10,000
The Committee recommends $3,910,000 for neotropical
migratory bird conservation, equal to the fiscal year 2018
enacted level.
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, 2018........................... $11,061,000
Budget estimate, 2019................................. 6,000,000
Recommended, 2019..................................... 11,061,000
Comparison:
Appropriation, 2018............................... 0
Budget estimate, 2019............................. +5,061,000
The Committee recommends $11,061,000 for the Multinational
Species Conservation Fund, equal to the fiscal year 2018
enacted level. A detailed table of funding recommendations
below the account level is provided at the end of this report.
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, 2018........................... $63,571,000
Budget estimate, 2019................................. 31,286,000
Recommended, 2019..................................... 63,571,000
Comparison:
Appropriation, 2018............................... 0
Budget estimate, 2019............................. +32,285,000
The Committee recommends $63,571,000 for State and Tribal
Wildlife Grants, equal to the fiscal year 2018 enacted level. A
detailed table of funding recommendations below the account
level is provided at the end of this report. Funding for
competitive grants is restored and the Service is directed to
focus such grants on species included in the most recent
Candidate Notice of Review. States are encouraged to do the
same with the formula grants to the greatest extent
practicable.
ADMINISTRATIVE PROVISIONS
The recommendation continues various administrative
provisions from fiscal year 2018. The requested authority for
reimbursement of damages is not included. The Service should
seek this authority from the authorizing committees of
jurisdiction.
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 417 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.
OPERATION OF THE NATIONAL PARK SYSTEM
Appropriation enacted, 2018........................... $2,477,969,000
Budget estimate, 2019................................. 2,425,117,000
Recommended, 2019..................................... 2,527,810,000
Comparison:
Appropriation, 2018............................... +49,841,000
Budget estimate, 2019............................. +102,693,000
The Committee recommends $2,527,810,000 for Operation of
the National Park System (ONPS), $49,841,000 above the fiscal
year 2018 enacted level and $102,693,000 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:
Operation of the National Park System.--Maintaining
operations and visitor services at our national parks is a core
responsibility of the Service. The Committee notes that our
national parks hosted nearly 331 million recreation visits in
2017. Of the 385 park units that track visitors, 61 set new
visitation records. In recent years, the Committee has made a
concerted effort to direct appropriated funds toward the ONPS
account to support a variety of critical priorities. These
funds support operations and visitor services including law
enforcement; facility operations; new responsibilities and
critical needs at new Park Service units including sites
associated with the Civil Rights movement; and longstanding
deferred maintenance priorities including repair and
rehabilitation projects and cyclic maintenance needs on high
priority park assets across the entire system.
The Committee opposes reductions proposed in the budget
request that would diminish visitor services and reduce park
and program operations system-wide. Such actions would have an
immediate impact on day-to-day operations and would result in
limiting the use of or closing certain areas, such as
campgrounds and facilities, and reducing or eliminating hours
of operations and visitor services to the public, at national
parks. Proposed reductions to both the seasonal and permanent
workforce would also have an immediate impact on park
operations. Such proposals do not serve the public well
particularly at this time of record National Park Service
visitation.
Resource Stewardship.--The bill provides $334,437,000 for
resource stewardship, equal to the fiscal year 2018 enacted
level. The bill includes $3,000,000, equal to the fiscal year
2018 enacted level, to continue zebra and quagga mussel
containment, prevention, and enforcement efforts.
Visitor Services.--The bill provides $255,683,000 for
visitor services, equal to the fiscal year 2018 enacted level.
The bill includes funding for the National Capital Area
Performing Arts Program, which was proposed for termination in
the budget request, at the fiscal year 2018 enacted level.
Park Protection.--The bill provides $362,226,000 for park
protection, equal to the fiscal year 2018 enacted level.
Facility Maintenance and Operations.--The bill provides
$850,019,000 for facility maintenance and operations,
$40,000,000 above the fiscal year 2018 enacted level. The
recommendation retains the increases for repair and
rehabilitation projects and cyclic maintenance needs included
in the Consolidated Appropriations Act, 2018. The bill includes
an additional $15,000,000 for repair and rehabilitation
projects and $25,000,000 for cyclic maintenance needs. These
funds are critical to addressing longstanding deferred
maintenance needs across the Service.
Park Support.--The bill provides $540,012,000 for park
support, $3,980,000 above the fiscal year 2018 enacted level.
The recommendation includes $1,080,000 as requested to support
new responsibilities at existing park units and $900,000 to
support the Department's proposal to establish common regional
boundaries. Further, the recommendation includes $2,000,000 to
support an open, competitively awarded process for upgrading
Global Positioning System (GPS) devices used by the Service.
The Committee recommendation for Operation of the National
Park System includes the following additional guidance:
Aquatic Invasive Mussels.--The Committee remains concerned
about the rapid spread of quagga and zebra mussels in the
western United States. Regional coordination of prevention
efforts and watercraft inspection programs is vital to protect
western water bodies from invasive mussels. The Committee
recognizes and commends the considerable effort and
collaboration involving western governors, as well as Federal,
State, and Tribal partners, to develop a package of actions and
initiatives to protect areas in the West from the economic and
ecological threats posed by invasive mussels.
The Committee directs the Secretary of the Interior, in
cooperation with the Chief of the Forest Service, through the
Secretary of Agriculture, and the U.S. Army Corps of Engineers/
Civil Works, to work with the Western Governors Association and
individual western governors to develop a joint Federal/State
incident command system that would allow for cooperative and
rapid response to new detections of invasive mussels in the
West. Such incident command system must address appropriate
division of labor between Federal and State governments,
identify pre-arranged mechanisms for the Federal/State partners
to fund rapid response actions, and address in advance any
necessary environmental compliance requirements that might be
associated with a predictable range of rapid response actions.
The Committee expects a report on the creation of such an
incident command system within 180 days of enactment of this
Act.
Further, consistent with fiscal year 2018, the Committee
provides the Service with $3,000,000 for quagga and zebra
mussel containment, prevention, and enforcement. These funds
complement additional funds contained in this bill directed
toward protecting our waterways and ecosystems from the serious
threat of invasive mussels and other invasive species.
Mississippi National River and Recreation Area.--The
Committee is concerned that the Service's preliminary report of
May 1, 2018 did not include a structured plan to move forward
on the effort to identify sites for a permanent headquarters
and visitor use facility at the Mississippi National River and
Recreation Area. The Service is directed to work with the
General Services Administration and other government and non-
government partners to further evaluate potential sites, and to
identify a timeline and necessary steps to proceed to the
development of a permanent headquarters before the expiration
of the current Park office lease. The Service shall report back
to the Committee on its progress within 90 days of the
enactment of this Act.
Elwha Water Facilities.--The Committee commends the
Department for its willingness to address longstanding issues
relating to the Elwha Water Facilities. The Committee reminds
the Service of the directive contained in the Consolidated
Appropriations Act, 2018 (Public Law 115-141) to work with the
City of Port Angeles in developing a report, within six months
from the date of enactment, outlining how the Service has met
or intends to meet its obligations under Section 4(a)(3) of
Public Law 102-495 prior to initiating any transfer of the
Elwha Water Facilities. Per the directive, the report must
include (1) a plan to assist the City in securing all necessary
permits required for the City to operate the EWF; and (2)
whether the City believes capital improvements are required to
reduce operating costs, and if so, the scope of the capital
improvements. The Committee urges the parties to reach
agreement on transfer expeditiously.
St. Anthony Falls Lock.--The Committee is aware that the
U.S. Army Corps of Engineers is undertaking a study related to
the disposition of St. Anthony Falls Lock in Minnesota. The
Committee opposes the Service taking on the ownership of this
lock, as it is beyond the Service's current operations and
could require significant funds. As such, prior to entering
into any agreement with the Corps regarding ownership of the
lock or establishment of facilities operated or maintained by
the Service at the lock, the Service is directed to request and
receive any necessary appropriations from Congress.
Hydration in Park Units.--The management of disposable
plastic water bottles at facilities managed by the National
Park Service has been inconsistent under the prior two
Administrations. Despite the inconsistencies in policy, the
Committee believes efforts should be taken to provide visitors
to national parks with choices when it comes to hydration. The
Committee urges the Service to prioritize hydration options for
visitors, including the sale of bottled water and other
beverages and the use of free water filling stations.
Everglades Restoration.--The Committee notes the
substantial progress made toward restoration of the Everglades
ecosystem and continues to support, at the fiscal year 2018
enacted level, this multi-year effort to preserve one of the
great ecological treasures of the United States.
Equipment Modernization.--The Committee notes that the
Service's current inventory of GPS equipment utilizes an
operating system which is no longer supported by the
manufacturer thereby precluding any software or security
upgrades on devices presently in use resulting in their
incompatibility with the Service's information technology
infrastructure. The recommendation includes $2,000,000 to
support an open, competitive process for upgrading Global
Positioning System (GPS) devices used by the Service.
Gettysburg National Military Park.--The Committee is
concerned about degradation at Little Round Top impacting
earthworks and commemorative monuments. The Committee urges the
Service to assess on-the-ground conditions and proceed with
rehabilitation plans, including walking paths, to ensure the
area is preserved for future generations.
Human Trafficking in National Parks.--The Committee notes
concern raised about reports of human trafficking in our
nation's national parks. The Committee urges the Service to
provide training to staff to identify signs of trafficking and
how to combat it.
Outreach.--The Committee recognizes that the Service has
taken steps to increase outreach, make parks more accessible,
and increase recruitment within minority schools and
communities. The Committee encourages the Service to continue
these efforts and work to develop partnerships and programs
with Hispanic Serving Institutions, Historically Black Colleges
and Universities, and other Minority Serving Institutions that
contribute to the mission of the National Park Service.
World Heritage Sites.--The Committee urges the Service to
prioritize funding for the backlog of maintenance and
preservation projects including National Park System units
designated as World Heritage Sites.
Arlington Memorial Bridge.--The Committee commends the
Department for its efforts, working with bipartisan Federal,
State, and local leaders, to secure $227,000,000 to
rehabilitate the Arlington Memorial Bridge, a historic and
critical transportation link in the nation's capital. As
awarded, the design-build contract will save $35,000,000 and
accelerate the project's completion by 18 months. Major
construction is scheduled to begin later in 2018.
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 2018 enacted level.
Yosemite Medical Clinic.--The Committee recognizes the
valuable medical services provided by the Yosemite National
Park Medical Clinic. With the nearest full-service hospital
hours away, Yosemite National Park has operated a medical
clinic since 1929 to stabilize and treat victims of illnesses
and injuries within the park. The Committee understands that
the clinic no longer has retention authority for fees collected
by the clinic for services provided. The Committee urges the
Service to report to the Committee within 60 days of enactment
of this Act on steps being taken to ensure the continued
operation of the clinic in fiscal year 2019.
World War I Memorial (Pershing Park).--The Committee
supports the creation of a national World War I Memorial to be
dedicated to those who sacrificed for freedom. The Committee
urges the Service to prioritize funding for its backlog of
maintenance projects, including Pershing Park in Washington DC.
Historic Working Dairies and Ranches.--The Committee urges
the National Park Service to save and preserve, for purposes of
public recreation, benefit, and inspiration, a portion of the
diminishing seashore of the United States that remains
undeveloped, and to sustain the working dairies and ranches on
agricultural property for historic and cultural uses.
National Park Service Commercial Use Authorization Fee.--
The Committee notes concerns raised by commercial tour
operators regarding the Service's April 2018 plan standardizing
its Commercial Use Authorization (CUA) requirements and changes
to CUA fees for road-based commercial tour operators. The
Committee urges the Service to engage in constructive dialogue
with affected stakeholders to address these concerns.
U.S. Virgin Islands.--The Committee is aware that the
Governor of the U.S. Virgin Islands has requested initiation of
discussions between the USVI Government and the Service to
identify a suitable location for a USVI school on National Park
Service land. The Committee directs the Service to participate
in these discussions with the goal of finding a mutually-
agreeable solution.
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 costs and security risks of alternative
sites before making final decisions on the future location of
permanent security screening facilities.
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, 2018........................... $63,638,000
Budget estimate, 2019................................. 32,199,000
Recommended, 2019..................................... 63,638,000
Comparison:
Appropriation, 2018............................... 0
Budget estimate, 2019............................. +31,439,000
The Committee recommends $63,638,000 for national
recreation and preservation, equal to the fiscal year 2018
enacted level. 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.--The bill provides
$20,321,000 for the Heritage Partnership Program (HPP), equal
to the fiscal year 2018 enacted level. These funds support
grants to local nonprofit groups in support of historical and
cultural recognition, preservation and tourism activities. The
Committee commends the Alliance of National Heritage Areas for,
in response to congressional direction, developing an
allocation model that maintains core services of more
established areas while proposing additional resources to newer
areas. The Committee notes this progress and directs the
Service to work with heritage areas to further develop
consensus toward a sustainable funding distribution. As this
effort continues, the Committee expects the Service to
distribute funds in the same manner as fiscal year 2018.
Further, the Committee encourages the timely obligation of
Heritage Partnership Program funding by the Department.
Chesapeake Gateways and Trails.--The Committee maintains
funding for the Chesapeake Gateways and Trails program at the
fiscal year 2018 enacted level.
Native American Graves Protection and Repatriation
Grants.--The Committee supports the Native American Graves
Protection and Repatriation Grant Program and maintains funding
at the fiscal year 2018 enacted level.
Japanese American Confinement Site Grants.--The Committee
supports the Japanese American Confinement Site Grant Program
and maintains funding at the fiscal year 2018 enacted level.
The program 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 American Battlefield
Protection Program and maintains funding at the fiscal year
2018 enacted level. The Committee recognizes the importance of
public-private partnerships to maintain the preservation of
America's battlefields and urges the Service to give priority
to projects with broad partner support, including non-profits,
academic institutions, and regional, State, Tribal and local
government agencies, and in which the partner commits to match
the grants on a 1:1 basis. 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 the timely review and processing of grants.
Shenandoah Valley Battlefields National Historic
District.--The Committee recognizes the Shenandoah Valley
Battlefields National Historic District covering eight counties
in the Commonwealth of Virginia, and the Shenandoah Valley
Battlefields Foundation that manages and protects it, as a
unique model for the protection and preservation of nationally
significant sites. The Committee urges the National Park
Service to work with the District and the authorizing
committees of jurisdiction to ensure that authorities provided
under the District's enabling legislation are fully utilized to
maximize the effectiveness of this unique and proven public-
private partnership.
Crossroads of the West Historic District.--The Committee
supports the congressionally created Crossroads of the West
Historic District and urges the Service to support efforts to
tie the culture and historic resources of the District to the
broader story of the importance of railroads, including the
transcontinental railroad, in the settlement of the American
West.
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. The Committee urges the Service
to consider threats to and significance of maritime resources
when making preservation grant awards.
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.
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, 2018........................... $96,910,000
Budget estimate, 2019................................. 32,672,000
Recommended, 2019..................................... 91,910,000
Comparison:
Appropriation, 2018............................... -5,000,000
Budget estimate, 2019............................. +59,238,000
The Committee recommends $91,910,000 for historic
preservation, $5,000,000 below the fiscal year 2018 enacted
level.
Additional Guidance.--The following guidance is provided
with respect to funding provided within this account:
State and Tribal Historic Preservation Offices.--The bill
provides $48,925,000 for State Historic Preservation Offices
and $11,485,000 for Tribal Historic Preservation Offices, equal
to the fiscal year 2018 enacted level. The Committee encourages
the Service, in consultation with State Historic Preservation
Officers, to evaluate the Historic Preservation Grants Manual
to consider the threshold for a Tier 3 apportionment. The bill
also provides the following grant program funding at the fiscal
year 2018 enacted level: $13,500,000 for competitive grants of
which $500,000 is for grants to underserved communities and
$13,000,000 is for competitive grants to document, interpret,
and preserve historical sites associated with the Civil Rights
Movement; $5,000,000 for competitive grants to Historically
Black Colleges and Universities (HBCUs); and $13,000,000 for
the Save America's Treasures competitive grant program for
preservation of nationally significant sites, structures, and
artifacts.
CONSTRUCTION
Appropriation enacted, 2018........................... $359,704,000
Budget estimate, 2019................................. 241,333,000
Recommended, 2019..................................... 366,333,000
Comparison:
Appropriation, 2018............................... +6,629,000
Budget estimate, 2019............................. +125,000,000
The Committee recommends $366,333,000 for Construction,
$6,629,000 above the fiscal year 2018 enacted level and
$125,000,000 above the budget request.
Line-Item Construction.--The bill provides $157,011,000 for
line-item construction including $149,011,000 for line-item
construction projects in the fiscal year 2019 budget request.
Requests for reprogramming will be considered pursuant to the
guidelines contained in this report.
General Program Increase.--A general program increase of
$125,000,000 above the budget request is provided to address
only longstanding deferred maintenance and major construction
related requirements of the Service. The Committee directs the
Service to provide no later than 60 days after enactment of
this Act an operating plan for allocation of funds.
Helium Act Mandatory Appropriation.--The Committee supports
the two-year funding provided by the Helium Stewardship Act (PL
113-40) for the National Park Service for deferred maintenance
and to correct deficiencies in infrastructure. Funding in
fiscal year 2018 supported 29 projects at 17 parks with 25
partners contributing $28.8 million. The Committee recognizes
the importance of public-private partnerships to leverage this
funding.
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 NPS five-year Line-Item Construction program.
The solicitation and contract in such procurement shall be
subject to availability of funds. Executing a single contract
has the potential to increase economies of scale and reduce
overall costs.
LAND AND WATER CONSERVATION FUND
RESCISSION
Appropriation enacted, 2018........................... $0
Budget estimate, 2019................................. -28,140,000
Recommended, 2019..................................... 0
Comparison:
Appropriation, 2018............................... 0
Budget estimate, 2019............................. +28,140,000
The bill does not include the rescission of the annual
contract authority provided by 16 U.S.C. 460l-10a in fiscal
year 2019.
LAND ACQUISITION AND STATE ASSISTANCE
Appropriation enacted, 2018........................... $180,941,000
Budget estimate, 2019................................. -1,212,000
Recommended, 2019..................................... 172,363,000
Comparison:
Appropriation, 2018............................... -8,578,000
Budget estimate, 2019............................. +173,575,000
The Committee recommends $172,363,000 for land acquisition
and state assistance, $8,578,000 below the fiscal year 2018
enacted level and $173,575,000 above the budget request.
The recommendation includes $100,000,000 for State
Conservation Grants; $20,000,000 for the competitive Outdoor
Recreation Legacy Partnership (ORLP) grant program; and
$22,000,000 for acquisitions. Additionally, $10,000,000 is
included for the American Battlefield Protection Program
(ABPP), equal to the fiscal year 2018 enacted level. The
Committee recommends $4,069,000 for inholdings, donations, and
exchanges and encourages the Service to prioritize acquiring
inholdings at National Battlefield Parks. A detailed table of
funding recommendations below the account level is provided at
the end of this report.
The Committee does not have sufficient information to
recommend specific Federal acquisition projects at this time,
but will review and recommend levels of funding for projects
submitted to the Committee in accordance with the direction
provided in the explanatory statement accompanying Public Law
115-141.
CENTENNIAL CHALLENGE
Appropriation enacted, 2018........................... $23,000,000
Budget estimate, 2019................................. 0
Recommended, 2019..................................... 30,000,000
Comparison:
Appropriation, 2018............................... +7,000,000
Budget estimate, 2019............................. +30,000,000
The Committee has provided $30,000,000 for the Centennial
Challenge matching grant program. From amounts in the
Centennial Challenge account, the Committee urges the
Department to make $5,000,000 available for critical programs
and projects, pursuant to 54 U.S.C. 1011 Subchapter II, subject
to the terms and conditions outlined in Title IV of P.L. 114-
289. The Committee notes that the $20,000,000 in Centennial
Challenge funds provided to the Service in fiscal year 2017 was
matched with nearly $33,000,000 from partner organizations
nationwide. The Committee commends the National Park Foundation
and other non-Federal partners for their efforts to address
longstanding deferred maintenance needs across the National
Park System.
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. 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, 2018........................... $1,148,457,000
Budget estimate, 2019................................. 859,680,000
Recommended, 2019..................................... 1,167,291,000
Comparison:
Appropriation, 2018............................... +18,834,000
Budget estimate, 2019............................. +307,611,000
The Committee recommends $1,167,291,000 for Surveys,
Investigations, and Research, $18,834,000 above the fiscal year
2018 enacted level and $307,611,000 above the budget request.
The Committee recommends that any administrative savings
identified for a program be used to address base staffing needs
within that program. A detailed table of funding
recommendations below the account level is provided at the end
of this report.
The Survey provides critical scientific research and data
to land and water managers in priority landscapes including the
California Bay Delta, the Everglades, the Chesapeake Bay and
the Great Lakes. This work is funded through multiple mission
areas and accounts, and the Committee expects this work to
continue at no less than fiscal year 2018 funding levels.
Ecosystems.--The Committee recommends $157,748,000 for
Ecosystems programs. The Committee recognizes that other
Interior bureaus, Federal, State, Tribal and local partners
rely on the Survey's Species-Specific Wildlife Research,
Species-Specific Fisheries Research, and Land and Water
Management Research programs, and recommends these programs
continue to be funded at fiscal year 2018 enacted levels.
The Committee is concerned that despite collaborative
efforts to understand and enhance the Great Lakes ecosystem,
significant data gaps still exist. The Committee encourages the
Survey to host a collaborative forum with Federal, State, and
Tribal partners, academia, and other interested stakeholders to
share current science, identify data gaps and areas of concern,
and to prioritize next steps and identify resources needed for
a Great Lakes integrated science plan. The Survey should brief
the Committee on the findings from this forum and what is
needed for this plan by the end of fiscal year 2019.
The recommendation includes Contaminants Research funding
at the fiscal year 2018 enacted levels.
The Committee continues to be concerned about the economic,
ecologic, and health threats posed by invasive species. The
recommendation includes $6,620,000 for Asian carp control,
which includes $1,000,000 for research on Asian grass carp to
contain or eradicate them. Additionally, the Committee
recognizes that invasive species managers face continued
challenges from ongoing invasions by wide-spread weed species,
such as cheatgrass. These challenges can be confronted through
development of new tools for ongoing management and early
detection and rapid response efforts. The Committee recommends
an additional $200,000 for such efforts.
The Committee recognizes the value of the Cooperative
Research Units (CRUs) program and rejects the proposed
elimination of the program. The recommendation includes an
additional $1,916,000 for the purposes of filling critical
vacancies at research institutions as quickly as practicable.
The CRUs are expected to coordinate new research projects with
the Fish and Wildlife Service to the greatest extent
practicable.
Land Resources.--The Committee recommends $158,299,000 for
Land Resources. The recommendation includes an additional
$5,800,000 for the continued development of a ground system for
Landsat-9 and provides the $11,905,000 needed for the
maintenance, hardware, and software refresh of satellite
operations. Within funds provided for the National Land Imaging
program, $4,847,000 is included for the National Civil
Applications Center and $1,215,000 for Remote Sensing State
grants.
Energy, Mineral, and Environmental Health.--The Committee
recommends $106,900,000 for Energy, Mineral Resources and
Environmental Health.
The Committee supports the Survey's efforts to develop a
Three Dimensional mapping and Economic Empowerment Program, to
improve the topographic, geological, and geophysical mapping of
the United States and provides $10,598,000 for this program.
The Committee understands the Survey is still in the process of
finalizing its proposed prioritization and implementation plan,
and directs the program to brief the Committee on the plan and
funding break-out once it is finalized.
The Committee understands the Secretary is in the process
of reviewing the list of critical minerals the Survey compiled
in accordance with Presidential Executive Order No. 13817, and
encourages consideration of phosphate rock for the importance
of phosphate fertilizer availability for agriculture and food
security.
The Committee supports the continued operations of the
Environmental Health program. The recommendation funds
Containment Biology at the fiscal year 2018 enacted level and
provides a $200,000 increase to the Toxic Substances Hydrology
program. The Committee supports the continuation of USGS
research on understanding the prevalence of toxins in the
nation's natural bodies of water by expanding its understanding
of cyanobacteria and toxins in stream and wetland ecosystems,
and directs no less than $1,750,000 to these efforts. USGS is
encouraged to participate in interagency efforts to expedite
the development and deployment of remote sensing tools to
assist with early event warning delivered through mobile
devices and web portals.
Natural Hazards.--The Committee recommends $170,108,000 for
natural hazards programs.
The Committee strongly supports the Earthquake Hazards
program and includes a $3,200,000 increase for base staffing
necessary to support the Advanced National Seismic System
(ANSS). The Committee recommends $16,100,000 for continued
development and expansion of the ShakeAlert West Coast
earthquake early warning (EEW) system and $5,000,000 in
infrastructure funding for capital costs associated with the
buildout of the ShakeAlert EEW. Additionally, the
recommendation includes $5,000,000 in infrastructure funding
for ANSS deferred maintenance and modernization.
The Committee is concerned about the lack of knowledge and
offshore real-time instrumentation available for the Cascadia
subduction zone. Our scientific understanding of earthquakes
and the ocean environment will benefit from the wealth of
offshore data that should be collected. The continued
development of an early earthquake warning system for the
Cascadia region would help prepare for and mitigate the
negative human and economic impacts to the Pacific Northwest.
The Committee commends the Survey and the National Science
Foundation (NSF) for the successful transition of EarthScope
stations in the Central and Eastern U.S. Network (CEUSN) and
includes $800,000 for the program. Fiscal year 2018 funding
included $1,400,000 for the adoption of EarthScope US Array
seismic stations in Alaska from the NSF. The Committee
encourages continued coordination between the Survey and NSF,
and supports a transition plan cost schedule with the same
terms the agencies were able to arrange for the CEUSN.
The Committee recommends $32,766,000 for the Volcano
Hazards program, of which $1,500,000 is provided for base
staffing needs and $1,500,000 is for seismometer and radio
telemetry modernization. The reduction from fiscal year 2018
funding is not a cut to the program, but a removal of the one-
time infrastructure funding provided for the repair and
replacement of analog systems on high-threat volcanoes. The
Survey is directed to keep the Committee informed on progress
made with the additional funding provided in the Consolidated
Appropriations Act, 2018 (P.L. 115-141).
The Committee remains concerned that systems and equipment
used to monitor, detect, and warn the public of volcano and
seismic hazards, including lahars, and earthquakes on high-
threat volcanoes in the U.S., are outdated and inadequate to
address the substantial risks, and recommends $2,645,000,
including $1,645,000 in infrastructure funding, for necessary
work on next-generation lahar detection systems at very high-
threat volcanoes.
The Committee recommends $3,688,000 for the Landslides
Hazards program, with a $150,000 increase above the fiscal year
2018 enacted funding level provided to advance tools and
methods for post-wildfire debris flow hazard assessments and
early warning.
The USGS Geomagnetism program is part of the U.S. National
Space Weather Program (NSWP), an interagency collaboration that
includes programs in the National Aeronautics and Space
Administration, the Department of Defense, the National Oceanic
and Atmospheric Administration, and the National Science
Foundation. The program provides data to the NSWP agencies, oil
drilling services companies, geophysical surveying companies,
and electrical transmission utilities. The Committee funds this
program at the fiscal year 2018 enacted level and expects this
work to continue.
The Coastal and Marine Hazards and Resources program
supports hazards programs across the Survey and the
Administration's priorities to ensure secure and reliable
supplies of critical mineral and energy resources. The
recommendation includes $41,710,000, a $1,200,000 increase
above the fiscal year 2018 enacted level to support staffing
needs, restore cooperative agreements with State agencies and
academic institutions, and increase research vessel sea-time
for offshore surveys and investigations.
Water Resources.--The Committee recommends $231,123,000 for
Water Resources. The recommendation rejects reductions to
Research and Development to Advance Water Science, formerly the
National Research Program, which would reduce research at USGS
Water Science Centers across the country. Regional Groundwater
Evaluations in the Coastal Lowlands and California Coastal
Basin Aquifers, and the Groundwater Model Development,
Maintenance, and Sustainability program are funded at fiscal
year 2018 levels.
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 $61,946,000, $2,069,000 above the
fiscal year 2018 enacted level. The Committee includes
$1,250,000 in the Water Availability and Use Science Program
for integrated water availability assessments and an additional
$819,000 in the National Water Quality Program for the purposes
of working with State, local, and Tribal partners to monitor,
model, and forecast the occurrence of harmful algal blooms and
algal toxins.
Streamgages are crucial to early warning and flood damage
reduction efforts across the United States. The Committee
recommends $86,673,000 for the National Groundwater and
Streamflow Information Program. This includes a $12,500,000
increase above the fiscal year 2018 enacted funding level for
infrastructure investments in the streamgage network. Within 60
days of enactment of this Act, the Survey is directed to
provide the Committee with a report on the Next Generation
Water Observing System, explaining the limitations of the
current water monitoring system and the enhancements and
modernization needed. The report should include the costs to
implement the system over a ten-year period and the costs to
operate and maintain the system.
Groundwater monitoring activities are funded at the fiscal
year 2018 enacted level. The Committee directs the Survey to
consider expanding the groundwater and surface water quality
monitoring capacity in regions potentially impacted by energy
development and resource extraction and to brief the Committee
on the benefits of expanded sampling and the possible
positioning of some of the newly acquired streamgages to fill
scientific data gaps.
The Committee recommends $91,648,000 for the National Water
Quality Program and directs no less than $2,819,000 for harmful
algal blooms. The Urban Waters Federal Partnership is funded at
the fiscal year 2018 enacted level of $717,000.
The Water Resources Research Act was designed to provide
more effective coordination of the nation's water research by
establishing Water Resources Research Institutes at
universities in each State, Territory, and the District of
Columbia. These institutes provide vital support to
stakeholders, States, and Federal agencies for long-term water
planning, policy development, and resource management. The
program is funded at the fiscal year 2018 enacted level of
$6,500,000.
Core Science Systems.--The Committee recommends
$119,102,000 for Core Science Systems. The recommendation
includes $25,397,000, a $1,000,000 increase over the fiscal
year 2018 enacted level for the National Cooperative Geologic
Mapping program.
The Committee encourages the Survey to continue research to
advance the understanding of short and long term mechanisms
that trigger a karst and to expand the information contained on
the current website.
The recommendation includes $69,654,000 for the National
Geospatial Program, with a $1,500,000 increase for 3DEP
National Enhancement and a $300,000 increase for the US Topo
program to shift map production toward dynamic product-on-
demand mapping. Landscape level assessments for Chesapeake Bay,
Alaska Mapping and Modernization, Geospatial Research, 3DEP
Technical Support, and 3DEP Program Functions are funded at
fiscal year 2018 enacted levels.
Science Support.--The Committee recommends $103,628,000 for
science support and expects administration and management
services and information services to continue without
reductions that would delay hiring, contracting, accounting
functions, and other activities that support the missions of
the Survey.
Facilities.--The recommendation includes $120,383,000 as
requested. This includes $12,454,000 for the Menlo Park
facility transition and retains the $7,884,000 fiscal year 2018
infrastructure funding increase for deferred maintenance and
capital improvement.
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 National Outer Continental Shelf
(OCS) Oil and Gas Leasing Program; management and 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, 2018........................... $171,000,000
Budget estimate, 2019................................. 179,266,000
Recommended, 2019..................................... 180,222,000
Comparison:
Appropriation, 2018............................... +9,222,000
Budget estimate, 2019............................. +956,000
The Committee recommends $180,222,000 for Ocean Energy
Management, as requested. This amount will be partially offset
with the estimated collection of rental receipts and cost
recovery fees totaling $49,816,000. The Committee
recommendation does not provide funding for National Ocean
Policy Coastal and Marine Spatial Planning.
The recommendation includes increases proposed in the
budget request for the National OCS Oil and Gas Leasing Program
with the expectation that the Bureau will have the resources
necessary for extensive outreach and coordination with the
States and to be responsive to Congressional, State, industry
and coastal community comments and requests for information.
The Committee is encouraged that the budget request did not
include plans to divert Outer Continental Shelf oil and gas
revenues from Gulf of Mexico states and coastal communities.
However, the Committee reaffirms its commitment to the Gulf
States and directs the Department to distribute revenues from
Gulf of Mexico operations in a manner consistent with the Gulf
of Mexico Energy Security Act of 2006 (P.L. 109-432).
The Committee believes that a strong Federal-State
partnership is critical for the success of offshore renewable
energy projects. The Committee is concerned that changes may
have been made to the proposed wind farm off Ocean City, MD
after review of the project by the State Public Service
Commission, and the Committee is aware of the Town of Ocean
City's concerns regarding the height of the wind turbines. The
Bureau is urged to consult with the Maryland State
Intergovernmental Renewable Energy Task Force prior to the
review and approval of a construction and operations plan (COP)
for projects offshore Maryland.
The Department is reminded that it may not approve a COP or
issue any construction and operations approvals prior to
holding a public scoping meeting and the COP is made available
to the public. In accordance with 30 CFR 585.627, the COP
should include detailed information including assessments of
visual, social, and economic impacts to local communities,
biological resources, habitats, National Park Service assets
and coastal and marine uses, to assist BOEM in complying with
NEPA and other relevant laws, including 16 U.S.C. 1.
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 19 percent of the Nation's oil production and
about 4 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, 2018........................... $186,411,000
Budget estimate, 2019................................. 187,240,000
Recommended, 2019..................................... 186,632,000
Comparison:
Appropriation, 2018............................... +221,000
Budget estimate, 2019............................. -608,000
The Committee recommends $186,632,000 for Offshore Safety
and Environmental Enforcement. This amount will be partially
offset with the estimated collection of offsetting rental
receipts, cost recovery fees, and inspection fees totaling
$65,889,000.
OIL SPILL RESEARCH
Appropriation enacted, 2018........................... $14,899,000
Budget estimate, 2019................................. 12,700,000
Recommended, 2019..................................... 14,899,000
Comparison:
Appropriation, 2018............................... 0
Budget estimate, 2019............................. +2,199,000
The Committee recommends $14,899,000 for Oil Spill
Research, equal to fiscal year 2018 enacted level.
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, 2018........................... $115,804,000
Budget estimate, 2019................................. 101,298,000
Recommended, 2019..................................... 113,969,000
Comparison:
Appropriation, 2018............................... -1,835,000
Budget estimate, 2019............................. +12,671,000
The Committee recommends $113,969,000 for Regulation and
Technology, $1,835,000 below the fiscal year 2018 enacted level
and $12,671,000 above the budget request. The Committee
continues to reject the proposal to reduce State grants and
maintains funding for State regulatory grants at $68,590,000,
equal to the fiscal year 2018 enacted level.
The Committee supports States that want to have direct
control over the regulation of coal mining activities through
primacy and includes $2,300,000 in the form of grant payments
to States preparing to assume primacy. The funding should
support activities such as development of regulatory language,
hiring personnel, and establishment of a State primacy program.
ABANDONED MINE RECLAMATION FUND
Appropriation enacted, 2018........................... $139,672,000
Budget estimate, 2019................................. 20,375,000
Recommended, 2019..................................... 114,546,000
Comparison:
Appropriation, 2018............................... -25,126,000
Budget estimate, 2019............................. +94,171,000
The Committee recommends $114,546,000 for the Abandoned
Mine Reclamation Fund. Of the funds provided, $24,546,000 shall
be derived from the Abandoned Mine Reclamation Fund and
$90,000,000 shall be derived from the General Fund.
The Committee provides $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 mandatory payments from the Abandoned Mine Land fund in
fiscal year 2019.
For fiscal year 2019, $90,000,000 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. 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.
The Committee believes that Tribal economic development is
also important and continues to provide $10,000,000 to Tribes
for the purposes of economic development for fiscal year 2019.
However, in lieu of providing funds through OSM, the Committee
recommends a $10,000,000 increase to the Bureau of Indian
Affairs' Office of Indian Energy and Economic Development in
order to leverage Federal funds and benefit more Tribes. The
funding will increase the Indian Loan Guarantee Program by
$10,000,000 and is projected to generate an additional
$200,000,000 in private sector loans to finance business,
economic, energy, and infrastructure projects in Indian
Country.
Bureau of Indian Affairs and Bureau of Indian Education
The Bureau of Indian Affairs, Bureau of Indian Education,
and Office of the Assistant Secretary--Indian Affairs
(together, ``Indian Affairs'') programs serve 573 federally
recognized Indian Tribes, a service population of approximately
two million American Indians and Alaska Natives in Tribal and
Native communities. The Bureau of Indian Affairs provides
direct services and funding for compacts and contracts for
Tribes to provide Federal programs for a wide range of
activities necessary for community development. Programs
address Tribal government, natural resource management, trust
services, law enforcement, economic development, and social
service needs. The Bureau of Indian Education manages a school
system with 169 elementary and secondary schools and 14
dormitories providing educational services to 47,000 individual
students, with an Average Daily Membership of 41,000 students
in 23 States. The BIE also operates two post-secondary schools
and administers grants for 29 Tribally controlled colleges and
universities and two Tribal technical colleges.
In preparation for the fiscal year 2019 appropriation bill,
the Subcommittee held two days of hearings and received
testimony from over 80 witnesses on a variety of topics
pertaining to American Indian and Alaska Native programs. The
Federal government has a legal and moral obligation to provide
quality services to American Indians and Alaska Natives. On a
nonpartisan basis, the Committee continues to protect and,
where possible, strengthen the budgets 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, 2018........................... $2,411,200,000
Budget estimate, 2019................................. 2,002,996,000
Recommended, 2019..................................... 2,436,821,000
Comparison:
Appropriation, 2018............................... +25,621,000
Budget estimate, 2019............................. +433,825,000
The Committee recommends $2,436,821,000 for Operation of
Indian programs. All subactivities and program elements
presented in the budget estimate submitted to the Congress are
continued at fiscal year 2018 enacted levels and adjusted for
requested fixed costs and transfers. None of the requested
program changes are agreed to unless specifically addressed
below. Recommended program changes, instructions, and details
follow below and in the table at the end of this report.
Additional instructions are included in the front of this
report.
Tribal Priority Allocations.--The recommendation includes
$706,373,000 for Tribal Priority Allocation (TPA) programs,
$15,289,000 above the fiscal year 2018 enacted level and
$127,698,000 above the budget request. TPA programs fund basic
Tribal services, such as social services, job placement and
training, child welfare, natural resources management, and
Tribal courts. TPA programs give Tribes the opportunity to
further Indian self-determination by establishing their own
priorities and reallocating Federal funds among programs in
this budget category.
Tribal Government.--The recommendation includes
$323,438,000 for Tribal government programs and includes
$1,120,000 for new Tribes as requested. Road maintenance is
funded at $38,288,000 and includes a program increase of
$3,465,000. Indian Affairs is urged to use the increase to
improve the condition of unpaved roads and bridges used by
school buses transporting students.
Human Services.--The recommendation includes $161,416,000
for human services programs.
Funding for the Tiwahe (family) initiative is restored. As
originally proposed by the Department and supported by the
Congress, fiscal year 2019 is the fifth and final year of the
initiative. After the fiscal year has ended, and in
consultation with affected Tribes, the Bureau is directed to
publish a final report that includes measures of success and
guidelines for other Tribes wanting to implement the model with
Tribal Priority Allocation funds.
Trust--Natural Resources.--The recommendation includes
$207,370,000 for natural resources programs. Forestry is funded
at $55,236,000 and includes a program increase of $500,000 in
Tribal Priority Allocations.
Within the amounts provided for Fish, Wildlife, and Parks,
the recommendation continues $545,000 for substantially
producing Tribal hatcheries in BIA's Northwest Region currently
not receiving annual BIA hatchery operations funding. This
funding should be allocated in the same manner as in fiscal
year 2018 but should be considered base funding in fiscal year
2019 and thereafter.
The Committee supports the Bureau of Indian Affairs'
efforts to address the needs of coastal Tribal communities by
working to address threats to public safety, natural resources,
and sacred sites. 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.
Trust--Real Estate Services.--The recommendation includes
$130,680,000 for real estate services.
The Committee directs the Assistant Secretary for Indian
Affairs to identify the funding determined necessary, in
collaboration with congressional and agency stakeholders,
within the Trust--Real Estate Services budget activity to
improve the efficiency of the Realty Trust acquisition program
at BIA. The Committee understands that the program has long
suffered from shortages of personnel which has resulted in a
history of backlogs, slow processing times and has hindered
engagement with Tribes and Tribal members. Furthermore, the
Committee understands the program is transitioning to a more
automated tracking process and looks forward to more timely and
accurate processing and reporting. The Committee expects the
Assistant Secretary of Indian Affairs to be in regular
communication with the Committee regarding direction or
assistance needed until the problems of backlogs and slow
processing times have been adequately resolved.
The Committee directs the Secretary, or his designee, to
work with the Lower Elwha Klallam Tribe to identify appropriate
lands in Clallam County, Washington, to satisfy the
requirements of section 7 of the Elwha River Ecosystem and
Fisheries Restoration Act (P.L. 102-495).
Public Safety and Justice.--The recommendation includes
$418,915,000 for Public Safety and Justice. Program increases
include: $2,500,000 in Criminal Investigations and Police
Services to bring the total to $10,303,000 for additional
patrol officers in areas hit hardest by the opioid epidemic;
$1,148,000 for facility operations and maintenance; and
$8,000,000 for Tribal courts. The Committee recognizes that one
of the most fundamental aspects of the Federal government's
Trust responsibility is the obligation to protect public safety
on Tribal lands.
For the purpose of addressing the needs of juveniles in
custody at Tribal detention centers operated or administered by
the BIA, educational and health-related services to juveniles
in custody are allowable costs for detention/corrections
program funding. Indian Affairs is urged to provide mental
health and substance abuse services when needed by juvenile and
adult detainees and convicted prisoners.
Community and Economic Development.--The recommendation
includes $51,579,000 for Community and Economic Development.
Implementation of the Native American Tourism Improvement and
Visitor Experience Act of 2016 (NATIVE Act), including via
cooperative agreements with Tribes or Tribal organizations, is
continued at $3,400,000.
The recommendation includes a program increase of
$2,000,000 in Minerals and Mining Projects for modernizing oil
and gas records management in Bureau of Indian Affairs Agency
Offices, including: digitizing oil and gas lease and other
records; deploying computer systems such as the National Indian
Oil and Gas Management System (NIOGEMS); and providing
petroleum engineers and geologists to train and advise Agency
Office staff and Tribal Minerals Oversight entities.
The recommendation includes a program increase of
$3,000,000 for the Office of Indian Energy and Economic
Development to provide more assistance for: feasibility studies
of development projects; greater access to private financing
for such projects; technical assistance for more Tribes to
establish commercial codes, courts and other business
structures to enhance economic development; building Tribal
capacity for leasing Tribal lands and managing economic and
energy resource development; and incubators of Tribal-owned and
other Native American-owned businesses. The Office is expected
to track accomplishments for each of these purposes, and to
report annually in its budget justification.
Executive Direction and Administrative Services.--The
recommendation includes $224,880,000 for Executive Direction
and Administrative Services.
The following programs are funded at the requested levels:
Assistant Secretary Support; Executive Direction (Central);
Executive Direction (Regional); Administrative Services
(Central); Administrative Services (Regional); and Rentals.
Indian Affairs is directed to complete annual health and
safety inspections of all BIE system facilities and to publish
quarterly updates on the status of such inspections.
Human Resources is directed to make filling vacancies
within the Bureau of Indian Education its highest priority. The
increase requested for common regional bounaries is provided
from within funds.
Bureau of Indian Education.--The recommendation includes
$918,543,000 for the Bureau of Indian Education (BIE). The one-
time increase of $16,885,000 provided in fiscal year 2018, to
complete the transition to a school year funding cycle for all
Tribal colleges and universities, has been redistributed as
program increases among the following elementary/secondary and
post-secondary programs: student transportation, $2,500,000;
Tribal grant support costs, $1,187,000 to remain fully funded;
facilities operations, $8,000,000; Haskell and SIPI,
$1,848,000; Tribal colleges and universities, $3,000,000; and
Tribal technical colleges, $350,000. Additional details and
instructions are included below and in the table at the end of
this report.
Education Program Enhancements are funded at $12,278,000
and include $3,000,000 for capacity building grants for Bureau
and tribally operated schools to expand existing language
immersion programs or to create new programs. Prior to
distributing these funds, the Bureau shall coordinate with the
Department of Education and Department of Health and Human
Services to ensure that Bureau investments complement, but do
not duplicate, existing language immersion programs.
Consistent with GAO report 13-774, the Secretary is urged
to reorganize Indian Affairs so that control and accountability
of the BIE system is consolidated within the BIE, to present
such reorganization proposal in the next fiscal year budget
request, and to submit to the Committees a corresponding
updated workforce plan.
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.
CONTRACT SUPPORT COSTS
Appropriation enacted, 2018........................... $241,600,000
Budget estimate, 2019................................. 247,000,000
Recommended, 2019..................................... 247,000,000
Comparison:
Appropriation, 2018............................... +5,400,000
Budget estimate, 2019............................. 0
The Committee recommends an indefinite appropriation
estimated to be $247,000,000 for contract support costs
incurred by the agency as required by law. The bill includes
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.
CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
Appropriation enacted, 2018........................... $354,113,000
Budget estimate, 2019................................. 133,288,000
Recommended, 2019..................................... 354,485,000
Comparison:
Appropriation, 2018............................... +372,000
Budget estimate, 2019............................. +221,197,000
The Committee recommends $354,485,000 for Construction,
$221,197,000 above the request. All subactivities and program
elements contained in the justification submitted to the
Congress are continued at fiscal year 2018 enacted levels and
adjusted for fixed costs, except as otherwise discussed below.
Education Construction.--The recommendation includes
$238,250,000 for Education Construction, of which $105,504,000
is for campus-wide replacement, $23,935,000 is for component
facilities replacement, $13,576,000 is for employee housing
repair, and $95,235,000 is for facilities improvement and
repair.
The Committee recognizes the School Facilities &
Construction Negotiated Rulemaking Committee 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.\1\
Indian Affairs should submit a similar list for facilities with
the fiscal year 2020 budget request.
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\1\https://www.bia.gov/as-ia/ofpsm
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The Committee continues to strongly support innovative
financing options to supplement annual appropriations and
accelerate repair and replacement of Bureau schools, including
through the use of construction bonds, tax credits, and grant
programs. Indian Affairs is urged to work with any Tribes
willing to include such financing in ongoing and future
projects.
Public Safety and Justice Construction.--The recommendation
includes $35,310,000 for Public Safety and Justice
Construction, of which $18,000,000 is for facilities
replacement and new construction, $4,494,000 is for employee
housing, $9,372,000 is for facilities improvement and repair,
$170,000 is for fire safety coordination, and $3,274,000 is for
fire protection.
The Bureau is directed to maintain a master plan detailing
the location, condition, and function of existing owned and
leased facilities relative to location and size of the user
populations. The plan shall be used to prioritize facilities
replacement and new construction to fill in the largest service
gaps first. Regional justice centers that combine functions and
serve multiple user populations, while providing for reasonable
driving distances for visitation and transport, should be
strongly considered.
Other Program Construction.--The recommendation includes
$13,694,000 for other construction. The Fort Peck Water System
is funded at $2,247,000 as requested. There is a $300,000
program increase to improve officer safety by eliminating radio
communications dead zones.
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO
INDIANS
Appropriation enacted, 2018........................... $55,457,000
Budget estimate, 2019................................. 45,644,000
Recommended, 2019..................................... 50,057,000
Comparison:
Appropriation, 2018............................... -$5,400,000
Budget estimate, 2019............................. +4,413,000
The Committee recommends $50,057,000 for Indian Land and
Water Claim Settlements and Miscellaneous Payments to Indians.
The recommended level enables Indian Affairs to make a balloon
payment in the final year of any settlement agreement if needed
to complete the Federal obligation. The Navajo Water Resources
Development Trust Fund project and the Navajo-Gallup Water
Supply Project will be completed in fiscal year 2019. A
detailed table of funding recommendations below the account
level is provided at the end of this report.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
Appropriation enacted, 2018........................... $9,272,000
Budget estimate, 2019................................. 6,699,000
Recommended, 2019..................................... 19,279,000
Comparison:
Appropriation, 2018............................... +10,007,000
Budget estimate, 2019............................. +12,580,000
The Committee recommends $19,279,000 for the Indian
Guaranteed Loan Program Account, $10,007,000 above the fiscal
year 2018 enacted level. The increase includes fixed costs and
the transfer of $10,000,000 from the Tribal grant program in
the Office of Surface Mining Reclamation and Enforcement. The
transfer to this account will significantly increase the number
of eligible Tribes and generate an additional $200,000,000 in
private sector loans to finance business, economic, energy and
infrastructure projects in Indian Country. The Indian
Guaranteed Loan Program is the most effective Federal program
tailored to facilitating greater access to private capital for
Indian Tribes and Indian-owned economic enterprises.
ADMINISTRATIVE PROVISIONS
The bill continues language limiting the expansion of
grades and schools in the BIE system while allowing for the
expansion of additional grades to schools that meet certain
criteria. 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 bill continues 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.
Departmental Offices
Office of the Secretary
The Office of the Secretary supports a wide-range of
Departmental business, policy, and oversight functions.
DEPARTMENTAL OPERATIONS
Appropriation enacted, 2018........................... $124,182,000
Budget estimate, 2019................................. 134,673,000
Recommended, 2019..................................... 134,673,000
Comparison:
Appropriation, 2018............................... +10,491,000
Budget estimate, 2019............................. 0
The Committee recommends $134,673,000 for Departmental
Operations. The Committee recommendation reflects the transfer
of the Office of the Special Trustee's Office of Appraisal
Services (OAS) to the Office of the Secretary. Under the
recently established Department-wide Appraisals and Valuation
Services Office (AVSO), OAS has been combined with the
Department's Office of Valuation Services (OVS) so all
appraisal and valuations are conducted by a single entity
within the Department. The AVSO is expected to track and report
separately on the performance of services for Indian Country
and the Land and Water Conservation Fund, and to include such
report in its annual budget justification.
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.
Chief Standing Bear Trail.--The Committee recognizes the
importance of Chief Standing Bear as one of America's earliest
civil rights leaders. The Committee supports the work on the
State and local level to establish a multi-state trail
commemorating his accomplishments and urges the Secretary to
assist in these efforts.
Vietnam Veterans Memorial Wall.--The Committee urges the
Secretary of the Interior and the Director of the National Park
Service, in conjunction with the Department of Veterans
Affairs, to work with relevant stakeholders to respectfully
address the issue of human remains being left at the Vietnam
Veterans Memorial Wall.
American Discovery Trail.--The Committee encourages the
Secretary to work with the National Park Service, the Bureau of
Land Management and other appropriate agencies, in conjunction
with all relevant law, regulations, and policies, to work with
appropriate stakeholders to facilitate installing signage for
the American Discovery Trail.
Tamarisk Eradication.--The Secretary is directed to
coordinate with the Department of Agriculture, other Federal
agencies, States, Tribes, private entities, and communities to
eradicate tamarisk in the southwestern United States using a
scientifically based and watershed-focused approach. The
Committee requests the Department provide a cross-cut of
tamarisk and other high-priority invasive species programs and
budgets in its fiscal year 2020 budget request.
State and Tribal Consultation.--The Committee recognizes
concerns raised by State and Tribal leaders about the
Department's insufficient level of consultation regarding the
Department's proposed reorganization. The Committee urges the
Department to redouble its efforts to consult with State and
Tribal leaders, including entering into formal Tribal
consultation, and to adjust its reorganization proposal as
necessary to meet the Department's needs while avoiding undue
additional burdens on States and Tribes.
National Seed Strategy.--The Committee is aware the Bureau
of Land Management has been implementing a National Seed
Strategy to improve seed supplies for restoring healthy and
productive native plant communities. As such, the Department is
encouraged to give preference, when practicable, to the use of
locally adapted native plant materials in undertaking a land
management activity on Federal lands, including maintenance and
restoration in response to degradation caused by human activity
or natural events, such as fire, flood, or infestation.
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. A Compact Review Agreement with Palau was
approved and implemented in fiscal year 2018. 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, 2018........................... $96,870,000
Budget estimate, 2019................................. 80,967,000
Recommended, 2019..................................... 96,870,000
Comparison:
Appropriation, 2018............................... 0
Budget estimate, 2019............................. +15,903,000
The Committee recommends $96,870,000 for Assistance to
Territories, equal to the fiscal year 2018 enacted level and
$15,903,000 above 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 the Office of Insular Affairs
funds important efforts to improve education, health,
infrastructure, judicial training, and economic sustainability
in the Insular areas and expects funds to continue to be
awarded accordingly. Additionally, the Office is directed to
continue to award noncompetitive technical assistance funds to
support investments in civic education programs for Insular
Area students.
COMPACT OF FREE ASSOCIATION
Appropriation enacted, 2018........................... $127,187,000
Budget estimate, 2019................................. 3,109,000
Recommended, 2019..................................... 3,363,000
Comparison:
Appropriation, 2018............................... -123,824,000
Budget estimate, 2019............................. +254,000
The Committee recommends $3,363,000 for Compact of Free
Association, $123,824,000 below the fiscal year 2018 enacted
level and $254,000 above the budget request. The Consolidated
Appropriations Act, 2018 (P.L. 115-141) provided $123,824,000
in necessary funds to finalize the 2010 Compact Review
Agreement with Palau and bring it into force. 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, 2018........................... $66,675,000
Budget estimate, 2019................................. 65,674,000
Recommended, 2019..................................... 65,674,000
Comparison:
Appropriation, 2018............................... -1,001,000
Budget estimate, 2019............................. 0
The Committee recommends $65,674,000 for salaries and
expenses of the Office of the Solicitor, as requested.
Office of Inspector General
SALARIES AND EXPENSES
Appropriation enacted, 2018........................... $51,023,000
Budget estimate, 2019................................. 52,486,000
Recommended, 2019..................................... 52,486,000
Comparison:
Appropriation, 2018............................... +1,463,000
Budget estimate, 2019............................. 0
The Committee recommends $52,486,000 for salaries and
expenses of the Office of Inspector General, as requested.
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, 2018........................... $119,400,000
Budget estimate, 2019................................. 104,067,000
Recommended, 2019..................................... 110,692,000
Comparison:
Appropriation, 2018............................... -8,708,000
Budget estimate, 2019............................. +6,625,000
The Committee recommends $110,692,000 for Federal trust
programs in the Office of the Special Trustee (OST). Appraisal
Services is transferred to the Office of the Secretary as
requested. All other budget line items are funded at fiscal
year 2018 enacted levels and adjusted for fixed costs. A
detailed table of funding recommendations below the account
level is provided at the end of this report.
The Committee encourages the Department to align OST-
specific reorganization efforts with section 304(a)(3) of the
Indian Trust Asset Reform Act (P.L. 114-178), which outlines
specific information regarding OST that must be reported to
Congress and must include consultation with Indian Tribes.
NAVAJO AND HOPI INDIAN RELOCATION
Appropriation enacted, 2018........................... $0
Budget estimate, 2019................................. 3,000,000
Recommended, 2019..................................... 3,000,000
Comparison:
Appropriation, 2018............................... +3,000,000
Budget estimate, 2019............................. 0
The Committee recommends $3,000,000 for Navajo and Hopi
Indian Relocation, as requested.
The Committee recognizes the OST's proposed temporary and
dual roles of land management and transition planning for the
Department in preparation for the fair and orderly closure of
the Office of Navajo and Hopi Indian Relocation (ONHIR), an
independent agency, and the transfer of appropriate legacy
responsibilities and funds to other Federal agencies or the
Tribes. Upon completion of planning, the OST's roles are
expected to end unless the parties involved conclude that a
legacy financial management responsibility requires the OST's
services.
A transparent, inclusive, and deliberative process between
affected Tribes and Federal agencies is paramount to completing
ONHIR's mission and enabling relocated families to begin to
find closure. In leading the transition planning process, the
OST is expected to seek fair and reasonable compromises among
the parties involved. Additional guidance is contained in the
front of this report under Tribal Consultation and later in
this report under Office of Navajo and Hopi Indian Relocation.
Department-Wide Programs
Wildland Fire
The Department's Wildland Fire Management account supports
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
$939,660,000 for the Department's wildland fire accounts. This
fully funds the fire suppression account at the 10-year average
of expenditures.
Wildland Fire Management
Appropriation enacted, 2018........................... $948,087,000
Budget estimate, 2019................................. 870,384,000
Recommended, 2019..................................... 939,660,000
Comparison:
Appropriation, 2018............................... -8,427,000
Budget estimate, 2019............................. +69,276,000
The Committee recommends $939,660,000 for Wildland Fire
Management at the Department of the Interior. The detailed
allocation of funding for these accounts is included in the
table at the end of this report.
The Committee directs the Department to work closely with
the Office of Management and Budget and Forest Service on cost-
recovery and other issues. The Committee believes more accurate
accounting for wildfire suppression costs will help the Federal
government, States, and other partners to better understand
cost drivers, control costs, and budget appropriately in the
future. Without progress on this front, the condition of the
national forests is likely to continue to deteriorate, which is
an unacceptable outcome for the American people and our
Nation's natural resource heritage.
Wildland Fire Preparedness.--The Committee recommends
$332,784,000 for Wildland Fire Preparedness, equal to the
fiscal year 2018 enacted level and $10,605,000 above 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
$389,406,000, for Wildland Fire Suppression, equal to the
fiscal year 2018 enacted level and $1,271,000 above the budget
request. The recommended amount exceeds the 10-year average
cost for wildland fire suppression.
Fuels Management.--The Committee recommends $194,000,000
for the Fuels Management program, $10,000,000 above the fiscal
year 2018 enacted level and $43,397,000 above the budget
request.
Burned Area Rehabilitation.--The Committee recommends
$20,470,000 for the Burned Area Rehabilitation program, equal
to the fiscal year 2018 enacted level and $11,003,000 above the
budget request.
The Committee notes that funding for Burned Area
Rehabilitation is meant to supplement emergency stabilization
funding provided under suppression, not replace it.
Fire Facilities.--The Committee recommends $0 for Fire
Facilities, $18,427,000 below the fiscal year 2018 enacted
level and equal with the request. The Committee accepts the
proposal to fund fire facilities through the Bureau of Indian
Affairs, Bureau of Land Management, Fish and Wildlife Service,
and National Park Service facility accounts.
The Committee supports the Department's efforts to
incorporate new approaches to fire science into its fire-
fighting strategy. Such techniques include, but are not limited
to, analyzing fire data to improve forecasts, using high-
definition cameras part of the AlertWildfire system, treatments
to reduce accumulated fuels loads, and growing use of Unmanned
Aircraft Systems. The Committee strongly encourages the
Department to work closely with the Forest Service, other
Federal agencies, States, and other partners on these efforts.
CENTRAL HAZARDOUS MATERIALS FUND
Appropriation enacted, 2018........................... $10,010,000
Budget estimate, 2019................................. 2,000,000
Recommended, 2019..................................... 10,010,000
Comparison:
Appropriation, 2018............................... 0
Budget estimate, 2019............................. +8,010,000
The Committee recommends $10,010,000 for the Central
Hazardous Materials Fund, equal to the fiscal year 2018 enacted
level and $8,010,000 above the budget request.
Natural Resource Damage Assessment and Restoration
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
Appropriation enacted, 2018........................... $7,767,000
Budget estimate, 2019................................. 4,600,000
Recommended, 2019..................................... 7,767,000
Comparison:
Appropriation, 2018............................... 0
Budget estimate, 2019............................. +3,167,000
The Committee recommends $7,767,000 for the Natural
Resource Damage Assessment Fund, equal to the fiscal year 2018
enacted level and $3,167,000 above 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, 2018........................... $62,370,000
Budget estimate, 2019................................. 56,735,000
Recommended, 2019..................................... 58,778,000
Comparison:
Appropriation, 2018............................... -3,592,000
Budget estimate, 2019............................. +2,043,000
The Committee recommends $58,778,000 for the Working
Capital Fund, $3,592,000 below the fiscal year 2018 enacted
level and $2,043,000 above the budget request.
Office of Natural Resources Revenue
NATURAL RESOURCES REVENUE
Appropriation enacted, 2018........................... $137,757,000
Budget estimate, 2019................................. 137,505,000
Recommended, 2019..................................... 137,505,000
Comparison:
Appropriation, 2018............................... -252,000
Budget estimate, 2019............................. 0
The Committee provides $137,505,000 for the Office of
Natural Resources Revenue, as requested.
PAYMENTS IN LIEU OF TAXES (PILT)
Appropriation enacted, 2018........................... $530,000,000
Budget estimate, 2019................................. 465,000,000
Recommended, 2019..................................... 500,000,000
Comparison:
Appropriation, 2018............................... -30,000,000
Budget estimate, 2019............................. +35,000,000
Payments in Lieu of Taxes (PILT).--The Payments in Lieu of
Taxes (PILT) program provides compensation to local governments
for the loss of tax revenue resulting from the presence of
Federal land in their county or State. In 2018, 49 states, the
District of Columbia, Guam, the Commonwealth of Puerto Rico,
and the U.S. Virgin Islands will receive PILT payments. The
bill includes $500,000,000 for PILT, $35,000,000 above the
budget request. The projected full-year cost estimate for PILT
for fiscal year 2019 is not yet available and will be
considered by the Committee at such time as the Department
conveys this information to the Committee prior to the
enactment of this Act. Funding for PILT in fiscal year 2018 was
provided under a Title I general provision.
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 allowing the Bureau of
Indian Affairs and Bureau of Indian Education to more
efficiently and effectively perform reimbursable work.
Section 113 permits the humane transfer of excess wild
horses and burros for work purposes.
Section 114 continues bill language establishing a
Department of the Interior Experienced Services Program.
Section 115 prohibits the use of funds to list the greater
sage-grouse under the Endangered Species Act.
Section 116 returns management of recovered gray wolves in
Wyoming and the Great Lakes to the States and ends unnecessary
litigation.
Section 117 returns management of recovered gray wolves
range-wide to the States and ends unnecessary litigation.
Section 118 prohibits the use of funds to implement a
statute impacting Tribes' sovereign rights to operate certain
businesses on reservations.
Section 119 extends the authority for the Secretary to
accept public and private contributions for the orderly
development and exploration of Outer Continental Shelf
resources.
Section 120 prohibits the use of funds to list in the
National Register of Historic Places property deemed crucial to
national security and military training.
Sec. 121 retitles the Indiana Dunes National Lakeshore and
re-designates the Paul H. Douglas Trail.
Sec. 122 prohibits funding to require the transfer of
groundwater rights as a condition for approving certain
permits.
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 2019, the Committee recommends
$7,958,488,000 for the Environmental Protection Agency,
$100,000,000 below the fiscal year 2018 enacted level and
$1,766,601,000 above the budget request. Comparisons to the
budget request and fiscal year 2018 enacted levels are shown by
account in the table at the end of this 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, 2018........................... $706,473,000
Budget estimate, 2019................................. 448,965,000
Recommended, 2019..................................... 643,763,000
Comparison:
Appropriation, 2018............................... -62,710,000
Budget estimate, 2019............................. +194,798,000
The bill provides $643,763,000 for Science and Technology,
$62,710,000 below the fiscal year 2018 enacted level and
$194,798,000 above 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:
Indoor Air and Radiation.--The recommendation includes
$5,337,000. The Committee recommendation maintains the radon
program at the fiscal year 2018 enacted level.
Operations and Administration.--The recommendation includes
$74,828,000, as requested. The bill concurs with the Agency's
proposed allocation of resources for workforce reshaping.
Research: Air and Energy.--The bill provides $81,796,000
for Research: Air and Energy. Within available funds, the
Agency is directed to continue supporting the Partnership
Research as outlined in the explanatory statement accompanying
Public Law 115-141. This jointly funded, multi-year government-
industry research initiative should be used to produce credible
science of national scope on such development, including review
of existing exposure and health studies already underway, and
future research. The Agency is encouraged to submit a report
updating the Committee on the implementation of this
partnership within 90 days of enactment of this Act.
Research: Chemical Safety and Sustainability.--The
recommendation includes $113,935,000 for Research: Chemical
Safety and Sustainability and funds the computational
toxicology and endocrine disruptor programs at the fiscal year
2018 enacted levels. Following guidance contained in the
explanatory statement accompanying Public Law 115-141, the
Committee continues to support the Agency's computational
toxicology research activities to advance New Approach
Methodologies for testing and risk assessment methods for
prioritization, screening, and testing under the Frank R.
Lautenberg Chemical Safety for the 21st Century Act provisions
of the Toxic Substances Control Act (TSCA). The Agency is
encouraged to expand its collaborations with scientific experts
in the field to advance development and use of human biology-
based experimental and computational approaches for chemical
risk assessments. As part of this effort, the Committee
encourages the Agency to develop and implement tiered
integrated approaches to testing and assessments which
incorporate considerations of potential exposures.
Research: National Priorities.--The bill provides
$4,100,000 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.
Research: Safe and Sustainable Water Resources.--The
Committee recommends $94,569,000. Further, augmenting drinking
water supplies through artificial or enhanced recharge into
aquifers, represents 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. Therefore, the Committee directs the Agency to
coordinate with other Federal research efforts in this area.
Given ongoing concerns related to Harmful Algal Bloom toxins in
the Great Lakes and other coastal and inland waters, the Agency
is encouraged to continue working to understand the risk of
exposure such toxins, especially through pathways including
recreation and drinking water.
Additional Guidance.--The Committee includes the following
additional guidance with respect to funding provided under this
account:
Alternatives Testing.--The Committee commends EPA for
developing new scientific methods, removing barriers, and
fostering cooperation in implementing the toxicity testing
agenda included in the 2007 National Academy of Sciences (NAS)
report, ``Toxicity Testing in the 21st Century.'' The Committee
is also aware that the Agency released a Strategic Plan to
Promote the Development and Implementation of Alternative Draft
Test Methods on March 7, 2018, and is also incorporating an
alternative scientific approach to screen chemicals within its
Endocrine Disruptor Screening Program as called for in fiscal
year 2015 (House Report 113-551). The Committee continues to be
interested in understanding how the Agency is implementing the
same approach in all of its programs that involve toxicity
testing and recommends that the Agency work to submit to the
Committee a report that outlines (1) progress to date to
research, develop, validate and translate innovative non-animal
chemical testing methods that characterize toxicity pathways,
(2) efforts to coordinate this across Federal agencies, and (3)
future plans to continue to implement the toxicity testing
vision outlined in the January 2017 NAS report, ``Using 21st
Century Science to Improve Risk-Related Evaluations'' on all
Agency programs that involve toxicity testing.
Innovative Research Partnerships.--Interest continues to
grow to identify innovative, technologically feasible solutions
that will lead to air and water quality improvements and better
environmental outcomes. The Committee has consistently
supported partnerships with respect to research areas of
national importance, and the Committee encourages EPA to
identify partnerships with institutes, foundations and
universities that would leverage scientific expertise. EPA is
encouraged to present the Committee with options for new or
expanded partnerships within the context of the fiscal year
2020 budget. Such topics could include but are not limited to
enhanced aquifer recharge, toxicity testing without the use of
animals, capture of methane or other fugitive emissions,
cleaning of produced water and other activities from oil and
gas operations, removing siloxanes produced at wastewater
treatment systems, investigating new and emerging technologies,
like syntactic foams, in drinking water filtration and
desalination, and efficiencies to improve manufacturing
operations. To help inform this effort, the Committee
encourages EPA to solicit input from all interested parties.
Intramural Animal Testing.--The Committee commends EPA for
recent progress towards reducing unnecessary animal testing by
promoting the adoption of cutting-edge methodologies that allow
chemical screening more efficiently and cost-effectively. The
Committee encourages EPA to ensure that the Agency's own
research is also the subject of Agency efforts to reduce and
replace animal tests.
STAR Grants.--The Committee provides funds to continue the
Science to Achieve Results (STAR) program.
Water Distribution Systems.--The Agency is encouraged to
continue utilizing infrastructure solutions, such as
distribution networks and municipal leak detection and sanitary
sewer monitoring technologies, during upgrades to water and
wastewater systems to optimize water delivery performance,
limit water waste in distribution systems, and enhance modeling
of sewer collection networks. This will help to improve
maintenance and capital expenditure in planning and budgeting,
and increase spatial and temporal monitoring data available on
U.S. water quality and quantity.
Water Security Test Bed.--For both fiscal year 2019 and
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, 2018........................... $2,597,999,000
Budget estimate, 2019................................. 1,784,852,000
Recommended, 2019..................................... 2,433,282,000
Comparison:
Appropriation, 2018............................... -164,717,000
Budget estimate, 2019............................. +648,430,000
The bill provides $2,433,282,000 for Environmental Programs
and Management, $164,717,000 below the fiscal year 2018 enacted
level and $648,430,000 above 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.--The Committee recommends $243,066,000. Within
this amount, the Committee includes $3,000,000 to enhance the
efficiency and effectiveness of both preconstruction and
operating permitting programs. In addition, the Committee
continues to support the EnergySTAR program for both appliances
and buildings at the fiscal year 2018 enacted level, and does
not recommend a shift to a fee-based funding mechanism as
proposed. In 2009, the Agency and the Department of Energy
(DOE) signed a Memorandum of Understanding (MOU) related to the
EnergySTAR program, shifting some functions related to home
appliance products from the DOE to EPA. The Committee is
encouraged by the Agency's progress thus far in reviewing the
MOU, and expects the Agency to continue working in coordination
with DOE through fiscal year 2019 to ensure the expected
efficiencies for home appliance products have been achieved. It
is also the Committee's expectation that any disclosure
relating to participation in the EnergySTAR program will not
create an express or implied warranty, or give rise to any
private claims or right of action under State or Federal law.
Further, the Committee does not support the termination of
voluntary programs such as Natural GasSTAR, AgSTAR, and other
partnership programs where EPA works collaboratively with non-
governmental entities to identify beneficial methods to reduce
emissions, pollution, and increase efficiency.
Compliance.--The Committee recommends $90,482,000. Tracking
the import and export of hazardous waste shipment remains a key
priority for the Committee.
Environmental Protection: National Priorities.--The bill
provides $12,700,000 for a competitive grant program for
qualified non-profit organizations, excluding institutions of
higher education, to provide technical assistance for improved
water quality or safe drinking water, adequate waste water to
small systems or individual private well owners. The Agency
shall provide $10,000,000 for Grassroots Rural and Small
Community Water Systems Assistance Act, for activities
specified under Section 1442(e) of the Safe Drinking Water Act
(42 U.S.C. 300j-1(e)(8)). The Agency is also directed to
provide $1,700,000 million 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 is directed to
provide on a national and multi-State regional basis,
$1,000,000 for grants to qualified organizations, for the sole
purpose of providing on-site training and technical assistance
for wastewater systems. 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 $434,857,000. The
Committee provides 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 2018 enacted level
and $270,000,000 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 should be maintained at
not less than the fiscal year 2018 level. Further, the
Committee supports ongoing work to reduce the growth of harmful
algal blooms and encourages continued targeting of watersheds
that could pose a threat to human health in drinking water.
Chesapeake Bay.--The Committee recommends $73,000,000 for
the Chesapeake Bay program, equal to the fiscal year 2018
enacted level and $65,700,000 above the budget request. From
within the amount provided, $6,000,000 is for nutrient and
sediment removal grants and $6,000,000 is for small watershed
grants to control polluted runoff from urban, suburban and
agricultural lands.
Puget Sound.--The Committee recommends $28,000,000 for
Puget Sound, equal to the fiscal year 2018 enacted level and
$28,000,000 above the budget request. Funds shall be allocated
in the same manner as directed in House Report 112-331. The
Committee directs the Agency to expeditiously obligate funds,
in a manner consistent with the authority and responsibilities
under Section 320 and the National Estuary Program.
Indoor Air and Radiation.--The Committee recommends
$25,637,000, and the Agency should continue to operate the
program following the priorities and direction under this
heading in House Report 114-632 to implement the National Radon
Action Plan and should utilize funds to disseminate a guide for
health care providers to physicians.
Operations and Administration.--The recommendation includes
$480,206,000, as requested. The bill concurs with the Agency's
proposed allocation of resources for workforce reshaping.
Resource Conservation and Recovery Act (RCRA).--The
Committee recommends $104,000,000, $5,377,000 below the fiscal
year 2018 enacted level and $30,149,000 above the budget
request. Of the funds provided under this section, not less
than $3,000,000 should be allocated for the purpose of
developing and implementing a Federal permit program for the
regulation of coal combustion residuals in nonparticipating
States, as authorized under section 4005(d)(2)(B) of the Solid
Waste Disposal Act (42 U.S.C. 6945(d)(2)(B)). This remains a
key priority for the Committee. Further, the Committee does not
support the proposed modification of cleanups under the RCRA
Waste Management program nor the proposed elimination of the
RCRA Waste Minimization and Recycling program.
Toxics Risk Review and Prevention.--The Committee
recommends $92,521,000, equal to the fiscal year 2018 enacted
level. For fiscal year 2019, the budget again proposes an
aggressive schedule for developing the new TSCA fee rule, and
for the transition of FTE to be covered by new fee collections.
In order to avoid a funding lapse that could impact
implementation, the recommended level provides for a more
gradual transition to fee funded FTE for fiscal year 2019.
Further, the Committee does not support the elimination of the
Pollution Prevention program.
Water: Ecosystems.--The Committee recommends $47,788,000,
equal to the fiscal year 2018 enacted level. 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. Further, in the
Administrative Provisions section, the Committee directs that
$1,500,000 in competitive grants be made available for
additional projects, and encourages the Agency to work in
consultation with the NEP directors to identify worthy projects
and activities.
Water Quality Protection.--The Committee recommends
$187,271,000 and supports continued funding for the WaterSENSE
program and certain activities under the Urban Waters program.
The Committee also supports ongoing activities related to
integrated planning, which will be increasingly necessary as
States and communities evaluate wastewater 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 includes 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 2017 and 2018 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.
E-15 Outreach.--The Committee is aware of the potential for
consumers to misfuel with E15 and higher ethanol grades of
gasoline in engines not designed, approved, or warranted to use
blends above 10 percent ethanol content (E10). Misfueling can
damage engines, void product warranties, and result in undue
economic loss to consumers. The Committee has previously
encouraged EPA to utilize general funds to establish and
implement public educational outreach for proper and EPA-
approved usage of 15 percent by volume ethanol blended gasoline
in accordance with the Misfueling Mitigation Program. The
Committee notes that no action has been taken to date on a
consumer education campaign, and continues to encourage the EPA
to establish new outreach methods to educate consumers on
misfueling.
Ecolabels for Federal Procurement.--The Agency is
encouraged to adhere to direction provided under this heading
in the explanatory statement accompanying Public Law 115-141
related to the USDA BioPreferred program.
Electric Pathway Applications.--The Committee notes the
backlog of applications under the Renewable Fuels Pathway II
rule finalized in 2014. No applications for the electric
pathway which could help support rural agricultural communities
have been approved since the rule went into effect. The
Committee strongly encourages the Agency to take action on the
existing applications within 90 days of the enactment of this
Act.
Exempt Aquifers.--For fiscal year 2019, the Committee
anticipates that the Agency will continue to receive exempt
aquifer applications from the State of California for
processing and approval. The Committee continues to support
protecting underground sources of drinking water and promoting
robust economic development. Accordingly, the Agency is urged
to work expeditiously to process exempt aquifer applications
and use the existing regulatory framework to process these
applications as provided in House Report 114-170 and House
Report 114-632.
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 and to identify and remove lead as quickly
as possible.
Marine Engines.--The Committee is concerned that for
certain smaller commercial marine vessels, such as pilot boats,
marine engines certified to the EPA Tier 4 marine engine
standards may not be available that meet the engine needs of
these marine vessels. Thus, the Committee urges the Agency to
swiftly move forward with assessing the need for revisions to
the Agency's Tier 4 marine engine requirements for those
impacted marine vessels to ensure that the industries dependent
on them are not negatively impacted. The Agency should also
identify any immediate steps the Agency can take to provide
relief.
Regulation of Groundwater.--The Agency shall continue to
follow the direction provided under this heading in the
explanatory statement accompanying Public Law 115-141.
Science Advisory Board.--The Agency is directed to develop
updated policy statements in order to fulfill previous
Congressional directives.
State Water Quality Standards.--The Committee finds that
the Agency should support States proposing Clean Water Act
standards using a science-based approach, which utilizes a
methodology for deriving water quality criteria for the
production 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.
Use Attainability Analysis.--The Committee recognizes that
the Use Attainability Analysis (UAA) process, when properly
applied and implemented, can be a vital tool in determining
defensible water quality standards and for maintaining and
restoring water quality. The Committee encourages the Agency to
submit a report within 90 days of enactment of this Act
identifying steps the Agency has taken, or plans to take, to
make the UAA process operate more effectively, including the
process to obtain and maintain a UAA under 40 CFR 131.10(g)(6).
Water Quality Certification.--The Committee encourages the
Administrator of the Environmental Protection Agency to
finalize guidance on the implementation of Clean Water Act
Section 401 (33 U.S.C. 1341). Such guidance shall reinforce
that the statutory time period for review does not exceed one
year, that the scope of review is limited to Federal water
quality standards, and that waiver of the certification
obligation occurs when a State fails to act within one year
from the date of application. The guidance shall also include a
suggested schedule for a State making a Section 401 decision,
which recognizes that the entirety of the State's review must
occur within one year.
Worker Protection Standards.--The Committee directs the
Agency to engage the U.S. Department of Agriculture, farmers,
farm workers, industry and other interested organizations as it
implements its standard and report back to the Committee
concerning these efforts within 90 days of enactment of this
Act.
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, 2018........................... $3,674,000
Budget estimate, 2019................................. 0
Recommended, 2019..................................... 0
Comparison:
Appropriation, 2018............................... -3,674,000
Budget estimate, 2019............................. 0
The Committee has not provided any funds for the Hazardous
Waste Electronic Manifest System Fund because the program will
be fully funded by e-Manifest user fee collections in fiscal
year 2019.
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, 2018........................... $41,489,000
Budget estimate, 2019................................. 37,475,000
Recommended, 2019..................................... 41,489,000
Comparison:
Appropriation, 2018............................... 0
Budget estimate, 2019............................. +4,014,000
The bill provides $41,489,000, which is equal to the fiscal
year 2018 enacted level and $4,014,000 above 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
the Environmental Protection Agency.
Buildings and Facilities
The Buildings and Facilities account provides for the
design and construction of EPA-owned facilities as well as for
the repair, extension, alteration, and improvement of
facilities used by the Agency. The funds are used to correct
unsafe conditions, protect health and safety of employees and
Agency visitors, and prevent deterioration of structures and
equipment.
Appropriation enacted, 2018........................... $34,467,000
Budget estimate, 2019................................. 39,553,000
Recommended, 2019..................................... 39,553,000
Comparison:
Appropriation, 2018............................... +5,086,000
Budget estimate, 2019............................. 0
The bill provides $39,553,000 as requested, and $5,086,000
above the fiscal year 2018 enacted level. 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, 2018........................... $1,091,947,000
Budget estimate, 2019................................. 1,088,830,000
Recommended, 2019..................................... 1,127,090,000
Comparison:
Appropriation, 2018............................... +35,143,000
Budget estimate, 2019............................. +38,260,000
The bill provides $1,127,090,000 for the Hazardous
Substance Superfund program, which is $35,143,000 above the
fiscal year 2018 enacted level and $38,260,000 above the budget
request. When combined with an additional $40,000,000 for the
Superfund Remedial program in a general provision in Title IV,
the bill provides a total of $1,167,090,000 for the Hazardous
Substance Superfund.
Superfund Cleanup.--The Committee recommends $776,167,000,
which is $54,427,000 above the fiscal year 2018 enacted level
and is combined with an additional $40,000,000 in funds for the
Remedial Program included in a Title IV general provision. The
Committee appreciates the Administration's continued commitment
to streamlining and improving the program, and concurs with the
designation of the program as a national infrastructure
priority. The Committee expects the recommended resources will
accelerate 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 also encourages the Agency, within 180 days
of enactment of this Act, to submit a report on the status of
each time-critical removal action for which Federal funds
greater than $1,000,000 have been expended since January 1,
2017, along with the Federal cost of clean-up efforts, whether
responsible parties have faced criminal charges, and the amount
of recovered Federal dollars.
Additional Guidance.--The Committee includes the following
additional guidance with respect to funding provided under this
account:
Superfund Site Remediation.--The Committee recognizes that
oftentimes there are Superfund remediation projects that suffer
delays and costly litigation when the Agency is unable to
determine liability for specific pollution discharges. These
delays can be exacerbated by the technical challenge of
discerning the relative risks of in place pollutants resulting
from prior actions versus those from on-going sources. Because
of such concerns in the Pacific Northwest, the Committee
directs the Agency's Region 10 to submit a report within 180
days of enactment of this Act identifying how utilizing recent
advances in technology can provide quick and low-cost
techniques for definitively identifying pollution sources and
thereby accelerating Superfund clean-up activities.
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, 2018........................... $91,941,000
Budget estimate, 2019................................. 47,532,000
Recommended, 2019..................................... 91,941,000
Comparison:
Appropriation, 2018............................... 0
Budget estimate, 2019............................. +44,409,000
The bill provides $91,941,000 for the Leaking Underground
Storage Tank (LUST) Trust Fund Program, equal to the fiscal
year 2018 enacted level and $44,409,000 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, 2018........................... $18,209,000
Budget estimate, 2019................................. 15,673,000
Recommended, 2019..................................... 18,209,000
Comparison:
Appropriation, 2018............................... 0
Budget estimate, 2019............................. +2,536,000
The bill provides $18,209,000 for the Inland Oil Spill
program, equal to the fiscal year 2018 enacted level and
$2,536,000 above 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, 2018........................... $3,562,161,000
Budget estimate, 2019................................. 2,929,467,000
Recommended, 2019..................................... 3,588,161,000
Comparison:
Appropriation, 2018............................... +26,000,000
Budget estimate, 2019............................. +658,694,000
The bill provides $3,588,161,000 for the State and Tribal
Assistance Grants account, $26,000,000 above the fiscal year
2018 enacted level and $658,694,000 above the budget request.
The Committee provides the following additional detail by
program area:
Infrastructure Assistance.--The bill provides
$2,522,120,000 in base funds for infrastructure assistance.
When combined with an additional $300,000,000 in a Title IV
general provision, the bill provides a total of $2,822,120,000
for infrastructure assistance. The amount provided increases
funding for the State Revolving Loan Funds $300,000,000 above
the fiscal year 2018 enacted level of base funding. This
includes a total of $1,543,887,000 for the Clean Water State
Revolving Loan Fund and $1,013,233,000 for the Drinking Water
State Revolving Loan Fund.
The Committee notes that more than $6 billion is currently
revolving in the system and available for drinking water and
wastewater infrastructure loans. 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
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. The Committee encourages the
Agency to study the effectiveness of private companies working
in conjunction with water and wastewater utilities and
municipalities to improve infrastructure, financial strength,
and customer satisfaction.
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.
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 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
2019, 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 $55,000,000 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 2019, EPA should provide a report to the Committees
on Appropriations that includes a table showing how fiscal year
2017 and 2018 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 $1,066,041,000.
Hazardous Waste Financial Assistance.--The bill provides
$99,693,000, equal to the fiscal year 2018 enacted level. Of
the funds provided, no less than $3,000,000 is for grants to
States for the purpose of developing and administering State-
specific permit programs to enforce Federal coal combustion
residual requirements, in accordance with section 4005(d)(2)(B)
of the Solid Waste Disposal Act (42 U.S.C. 6945(d)(2)(B)).
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 2018
enacted level, and the Agency shall allocate radon grants in
fiscal year 2019 following the direction in House Report 114-
632.
WATER INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM
Appropriation enacted, 2018........................... $10,000,000
Budget estimate, 2019................................. 20,000,000
Recommended, 2019..................................... 50,000,000
Comparison:
Appropriation, 2018............................... +40,000,000
Budget estimate, 2019............................. +30,000,000
The bill provides a total of $75,000,000 for the Water
Infrastructure Finance and Innovation Act (WIFIA) Program.
Within base funding in Title II, the bill provides $50,000,000
for the WIFIA program, and a Title IV general provision
provides an additional $25,000,000 for the program. By
utilizing $5,000,000 in base funds and $3,000,000 in Title IV
funds, the Agency may use up to $8,000,000 to assist with the
administrative expenses of the program. The remaining
$67,000,000 in WIFIA funds are provided for direct loan
subsidization which may translate into a potential loan
capacity in excess of $8,000,000,000 to eligible entities for
water infrastructure projects.
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. As the Agency issues loans throughout fiscal
year 2019, the Committee will continue to closely monitor these
actions.
The Committee encourages the Agency to consider how to
utilize current authorities under the Water Infrastructure
Finance and Innovation Act of 2014 to facilitate loans and loan
guarantees for very large or a combination of water
infrastructure projects, including the use of supplemental fees
and, as appropriate, common security pledges for qualified
projects. The Committee directs the Agency to provide a report,
within 180 days of enactment of this Act, on any WIFIA loan
applications that include the use of a supplemental fee to
facilitate a loan or loan guarantee.
Administrative Provisions
(INCLUDING TRANSFERS AND RESCISSION OF FUNDS)
The Committee continues the language, carried in prior
years, concerning Tribal Cooperative Authority, the collection
and obligation of pesticides fees, and transfer authorities for
the purposes of implementing the Great Lakes Restoration
Initiative.
The bill includes language expanding the eligible
activities that pesticide fees may cover.
The bill authorizes the collection and obligation of TSCA
user fees.
The bill authorizes the collection and obligation of
Electronic Manifest fees.
The bill continues language authorizing up to $150,000 to
be spent for facility repairs at any one time.
The bill authorizes certain uses for Section 319 non-point
source grants.
The bill rescinds $75,000,000 of unobligated balances from
the State and Tribal Assistance Grants account.
The bill directs the availability of not less than
$1,500,000 of funds for the National Estuary program as
competitive grants.
TITLE III--RELATED AGENCIES
Department of Agriculture
FOREST SERVICE
The U.S. Forest Service manages 193 million acres of
National Forests, Grasslands, and 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.
OFFICE OF THE UNDER SECRETARY FOR NATURAL RESOURCES AND ENVIRONMENT
Appropriation enacted, 2018........................... $875,000
Budget estimate, 2019................................. 875,000
Recommended, 2019..................................... 875,000
Comparison:
Appropriation, 2018............................... 0
Budget estimate, 2019............................. 0
The Committee recommends $875,000 for the Office of the
Under Secretary for Natural Resources and Environment, equal to
the fiscal year 2018 enacted level and the budget request.
Forest Service Accounting, Budgeting, and Management.--The
Committee supports the Service's continuing efforts to improve
its accounting, budgeting, and management practices and
appreciates the efforts of the Service, Office of Budget and
Program Analysis, Under Secretary for Natural Resources and
Environment, and Secretary of Agriculture to make improvements.
The Committee is particularly interested in the Service's plans
to standardize its budgeting and accounting practices, adopt
the best practices developed through the Integrated Resource
Restoration pilot program, to increase transparency and
accountability by aligning funding and program goals, and to
eliminate the use of cost-pools. The Committee looks forward to
considering proposed recommendations in the fiscal year 2020
budget request.
Two-year Budget Authority.--Building upon efforts included
in the Consolidated Appropriation Act, 2017, P.L. 115-31, the
Committee provides two-year budget authority for most Forest
Service accounts in the fiscal year 2019 bill. The Committee
understands this may require a transition period and pledges to
work with the Service to identify appropriate mechanisms to
provide for a smooth implementation, if needed.
Wildland Fire Management.--The Consolidated Appropriations
Act, 2018 (P.L 115-141) provided a budget cap adjustment for
wildfire suppression costs and included several forest
management reforms. The goal of these provisions is to improve
the condition of our national forests. As such, the Committee
directs and strongly encourages the Service to provide a high
level of scrutiny for the Wildland Fire Management account in
the remaining months of fiscal year 2018 and fiscal year 2019
in order to ensure increased and appropriate transparency and
identify effective cost-containment measures. The Committee
supports the Service's plans to engage the Office of Management
and Budget and the Department of the Interior on cost-recovery
and other issues, as well as the States on similar issues. The
Committee believes more accurate accounting for wildfire
suppression costs will help the Federal government, States, and
other partners to better understand cost drivers, control
costs, and budget appropriately in the future. Without progress
on this front, the condition of the national forests is likely
to continue to deteriorate, which is an unacceptable outcome
for the American people and our Nation's natural resource
heritage.
Government Accountability Office Report.--The Committee
supports the Service's plan to implement the Government
Accountability Office (GAO) recommendations included in the
report titled ``Forest Service: Improvements Needed in Internal
Control over Budget Execution Process'' (GAO-18-56) and reminds
the Service to work with the Committee should it find
challenges to implementing the recommendations. The Service is
directed to provide to the Committee a summary of its
implementation activities on July 31, 2018, and January 31,
2020.
Forest Service Research.--The Committee supports forestry
research, but it continues to have concerns about the lack of a
regular, rigorous review cycle for research programs and
projects; the lack of focus on the needs of the National Forest
System; little coordination with the Department of
Agriculture's and other Federal research agencies; and
responsiveness to industry, stakeholder, and partner input. As
such, the Committee directs the Service to develop and begin to
implement a plan to strengthen its research program, within one
year of enactment of this Act, using existing guidelines and
best practices for Federal research agencies. The Service is
directed to consult with the Committee; other congressional
committees, as appropriate; the Department of Agriculture,
including its Chief Scientist and the Agricultural Research
Service; and other Federal agencies and interested parties.
Pests, Diseases, and Invasive Species.--The Committee
recognizes that National Forest System lands, as well as other
forested lands in the United States, are at increasing risk for
insect and disease outbreaks and invasive plant infestations,
which often result in catastrophic wildland fire. The Emerald
Ash Borer, bark beetle, and cogon grass are but three examples
of these threats. As such, the Committee recommends an increase
of $19,500,000 for Federal and Cooperative Land forest health
management and $20,000,000 for Hazardous Fuels and encourages
the Service to work in concert with Federal agencies, States,
and other entities to prioritize the allocation of these funds
to address the greatest threats.
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.
Puerto Rico Hurricane Recovery.--The Committee encourages
the Service, including El Yunque National Forest and the
International Institute of Tropical Forestry, to continue
working with private partners and the Government of Puerto Rico
to restore and rehabilitate the island's unique forest
ecosystems.
Knutson-Vandenberg Program.--The Committee encourages the
Service to fully utilize the Knutson-Vandenberg fund as
authorized by 16 U.S.C. 576b and to improve its processes and
policies to ensure smooth implementation of the activities
authorized and funded under the Act.
Wildfire Hazard Severity Mapping for Communities.--The
Consolidated Appropriations Act, 2018 (P.L. 115-141) required
the Service to develop and publish a geospatial map appropriate
for community-level use that depicts wildfire hazard severity.
The Service is directed to consult specifically with the Bureau
of Land Management on the wildfire hazard severity of land
managed by the Bureau, as well as similar lands, to ensure at-
risk communities have the best available information to help
mitigate the risk of catastrophic wildland fire.
FOREST AND RANGELAND RESEARCH
Appropriation enacted, 2018........................... $297,000,000
Budget estimate, 2019................................. 258,800,000
Recommended, 2019..................................... 297,000,000
Comparison:
Appropriation, 2018............................... 0
Budget estimate, 2019............................. +38,200,000
The Committee recommends $297,000,000 for Forest and
Rangeland Research, equal to the fiscal year 2018 enacted level
and $38,200,000 above the budget request. This includes
$77,000,000 for Forest Inventory and Analysis.
The Committee notes the interest of Members of Congress,
States, and forestry and research associations in funding
specific research laboratories, programs, and projects,
including those noted below. However, until the Service
strengthens its research program, which it has been directed to
do within one year of the date of enactment of this Act, the
Committee will refrain from directing funding to specific
projects, programs, or laboratories. In the meantime, the
Service is directed to use the funds provided for the highest
priority research needs, including projects conducted through
the Joint Fire Science program.
Fire Plan Research and Development.--The Committee supports
continued research that significantly contributes to the
understanding of wildfire regimes.
Wood Products Research.--The Committee supports continued
research to improve the environmental performance, resiliency,
and affordability of mass timber and other wood products.
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.
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.
Cellulose Nanomaterials.--The Committee commends the
Service for its work on cellulose nanomaterials and encourages
continued research and development in this area.
STATE AND PRIVATE FORESTRY
Appropriation enacted, 2018........................... $329,587,000
Budget estimate, 2019................................. 172,296,000
Recommended, 2019..................................... 334,945,000
Comparison:
Appropriation, 2018............................... +5,358,000
Budget estimate, 2019............................. +162,649,000
The Committee recommends $334,945,000 for State and Private
Forestry, $5,358,000 above the fiscal year 2018 enacted level
and $162,649,000 above the budget request.
Landscape Scale Restoration.--The Committee recommends
$10,000,000 for Landscape Scale Restoration, $4,000,000 below
the fiscal year 2018 enacted level and $10,000,000 above the
budget request. The Committee notes that the Agriculture and
Nutrition Act of 2018, H.R. 2, (the 2018 farm bill) establishes
a State and Private Forest Landscape-Scale Restoration Program
and sets its authorization of appropriations at $10,000,000 for
each of fiscal years 2019 through 2023. Should the
authorization of appropriations be enacted at a different
level, the Committee will consider adjusting the amount it
provides for the program.
Forest Health Management.--The Committee recommends
$116,000,000 for Forest Health Management, $19,500,000 above
the fiscal year 2018 enacted level and $30,129,000 above the
budget request. The Committee encourages the Service to address
high priority invasive species, pests, and diseases, including
the Emerald Ash Borer, bark beetle, and cogon grass
infestations.
Cooperative Fire Assistance.--The Committee recommends
$80,000,000 for State Fire Assistance, equal to the fiscal year
2018 enacted level and $14,070,000 above the budget request,
and $16,000,000 for Volunteer Fire Assistance, equal to the
fiscal year 2018 enacted level and $4,980,000 above the budget
request.
Forest Stewardship Program.--The Committee recommends
$20,500,000 for the Forest Stewardship Program, equal to the
fiscal year 2018 enacted level and $1,025,000 above the budget
request.
Forest Legacy.--The recommendation includes $48,445,000 for
Forest Legacy, $18,580,000 below the fiscal year 2018 enacted
level and $48,445,000 above the budget request.
Community Forest and Open Space Conservation.--The
Committee recommends $4,000,000 for Community Forest and Open
Space Conservation, equal to the fiscal year 2018 enacted level
and $4,000,000 above the budget request.
Urban and Community Forestry.--The Committee recommends
$30,000,000 for Urban and Community, $1,500,000 above the
fiscal year 2018 enacted level and $30,000,000 above the budget
request.
International Forestry.--The Committee recommends
$10,000,000 for International Forestry, $1,000,000 above the
fiscal year 2018 enacted level and $10,000,000 above the budget
request.
NATIONAL FOREST SYSTEM
(INCLUDING TRANSFER OF FUNDS)
Appropriation enacted, 2018........................... $1,923,750,000
Budget estimate, 2019................................. 1,719,954,000
Recommended, 2019..................................... 1,972,000,000
Comparison:
Appropriation, 2018............................... +48,250,000
Budget estimate, 2019............................. +252,046,000
The Committee recommends $1,972,000,000 for the National
Forest System, $48,250,000 above the fiscal year 2018 enacted
level and $252,046,000 above the budget request.
Recreation, Heritage and Wilderness.--The Committee
recommends $260,000,000 for Recreation, Heritage and
Wilderness, $2,152,000 above the fiscal year 2018 enacted level
and $19,764,000 above the budget request. Of the funds
available to Manage Recreation Operations, $750,000 shall be
for the maintenance of rural airstrips.
Off-Highway Vehicle Report.--The Committee directs the
Service to expeditiously provide the report on its off-highway
vehicle (OHV) mixed-use analysis that was requested on July 21,
2017, in House Report 115-238. The report should include
information on how OHV access to forest roads would affect
recreational opportunities and related economic activity in
forest communities; how many miles potentially could become
available; estimated budget needs for expanded access; plans
for opening new routes; and how other vehicles, such as all-
terrain vehicles, could be utilized by wounded veterans and
disabled citizens. 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.
Wilderness Area Management.--The Committee recognizes that
the management of National Forest System land recommended as
wilderness is not consistent across all regions nor are the
full spectrum of adaptive management steps, as provided in the
Forest Service Handbook Chapter 70, consistently utilized to
maintain existing uses to the extent possible. While the
Service is required to protect the characteristics that provide
the basis for a wilderness recommendation, the Committee
encourages the Service to allow and manage existing uses, to
the extent possible, utilizing all the adaptive management
steps provided in the handbook, so that such uses do not
prevent the protection and maintenance of the social and
ecological characteristics that provide the basis for a
wilderness designation. The Committee also encourages the
Service to fully consider historic uses that have been
prevented in previous decisions that can be managed utilizing
adaptive management, as appropriate.
Gifford Pinchot National Forest.--The Committee directs the
Service to work expeditiously and collaboratively with States,
local officials, forest communities, and other interested
entities to develop a plan to allow vehicles, such as all-
terrain vehicles that are licensed by a State for road use, to
travel on low maintenance Level 2 Forest Roads.
Grazing Management.--The Committee recommends $60,000,000
for Grazing Management, $3,144,000 above the fiscal year 2018
enacted level and $11,930,000 above the budget request.
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 that each Forest Service
region increase transparency and reporting on how their
monitoring resources are used on the ground to satisfy
monitoring requirements or for other purposes.
Hazardous Fuels.--The Committee recommends $450,000,000 for
hazardous fuels, $20,000,000 above the fiscal year 2018 level
and $60,000,000 above the budget request. Included in this
amount is $3,000,000 for the Southwest Ecological Restoration
Institutes to continue to assist communities and land managers
in applying hazardous fuels and wildfire risk reduction
research, conduct monitoring and evaluation research, and
provide technical assistance.
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. The Committee also recommends
prioritizing funding for proactive hazardous fuels management
and fire mitigation in high-priority areas to protect life and
property.
Lake Tahoe Basin.--The Committee is encouraged by the work
conducted in the Lake Tahoe Basin Management Unit and expects
the Service to prioritize funding the implementation of P.L.
106-506, as amended, and to do so in consultation with affected
States, local governments, and other stakeholders. The
Committee also recognizes the Service's efforts to create fire-
resilient communities through a combination of active fuel
reduction treatments and collaboration with municipal water and
fire agencies to improve critical infrastructure and expand
fire-fighting capabilities in the Lake Tahoe Basin. The Service
is encouraged to continue to fund programs and initiatives that
support these partnerships.
Forest Products.--The Committee recommends $380,000,000 for
Forest Products, $14,000,000 above the fiscal year 2018 enacted
level and $38,835,000 above the budget request.
The Committee believes timber sales are a vital component
of forest health. The budget request assumes 3.7 billion board
feet of timber volume will be sold in fiscal year 2019. The
Committee encourages the Service to work toward sales of 4
billion board feet.
Collaborative Forest Landscape Restoration Fund.--The
Committee recommends $40,000,000, for the Collaborative Forest
Landscape Restoration Fund, equal to the fiscal year 2018
enacted level and $40,000,000 above 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.
The Committee directs the Service to prioritize vegetation
treatments developed by collaborative entities that utilize
current science and forest practices, treatments, and
techniques that produce a greater average volume per acre and
integrate ecological, social, and economic goals consistent
with the Northwest Forest Plan, as appropriate.
Minerals and Geology Management.--The Committee recommends
$75,000,000 for Minerals and Geology Management, $800,000 above
the fiscal year 2018 enacted level and $10,400,000 above 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
$75,000,000 for Landownership Management, $1,000,000 above the
fiscal year 2018 enacted level and $9,450,000 above the budget
request.
The Committee recognizes the challenges of providing for
the appropriate and responsible stewardship of National Forest
System lands as well as the urgent need to deploy broadband
networks nationwide, which may require communications networks
to be placed on or across these lands. As such, the Committee
directs the Service to coordinate with the other Federal
agencies and departments involved in the broadband deployment
effort to simplify and standardize Federal rights-of-way,
property, permitting, and access regulations to ensure a timely
decision-making process.
Law Enforcement Operations.--The Committee recommends
$132,000,000 for Law Enforcement Operations, $2,847,000 above
the fiscal year 2018 enacted level and the budget request.
Illegal Marijuana Cultivation Site Remediation.--The
Committee recommends $2,500,000 to continue the Service's
initiative to remediate illegal growing sites and directs the
Service to expeditiously implement the recommendations in the
Office of Inspector General audit report 08003-0001-22
regarding illegal drug enforcement on National Forest System
lands.
Tongass National Forest.--Without a comprehensive stand-
level inventory, the transition plan described by the Tongass
Land and Resource Management Plan Amendment lacks the
scientific basis needed for success. The Committee expects the
Service to meet the requirements of section 705(a) of the
Alaska National Interest Lands Conservation Act (16 U.S.C.
539d(a)) and to consider a plan revision, plan replacement, or
new plan amendment based on the results of the inventory. Any
plan revision or amendment should include a timber management
program sufficient to preserve a viable timber industry in the
region. Until the Service has determined, based on a completed
stand-level inventory, the timing and supply of economic young
growth needed for a successful final transition and whether the
2016 Forest Plan should be amended, replaced, or revised, the
Service is directed not to implement a final transition away
from its Tongass old growth timber program to a program based
primarily on young growth.
The Committee calls the Service's attention to the
significant public interest in the environmental assessment it
is conducting on the proposal to withdraw lands within the
Superior National Forest's Boundary Waters Canoe Area
Wilderness from mineral and geothermal leasing laws, subject to
valid existing rights, and directs the Service to ensure it
evaluates the environmental consequences of the proposed
action, allows for State environmental agencies and the public
to participate, and is completed no later than January 1, 2019.
Bill Language.--The Committee 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 423, allowing the Forest
Service to renew grazing permits; Section 425, extending the
Federal Lands Recreation Enhancement Act for one year; Section
435, prohibiting the use of appropriated funds to close areas
open to recreational hunting and shooting as of January 1,
2013; and Section 436, making vacant allotments for permittees
affected by drought or wildfire.
CAPITAL IMPROVEMENT AND MAINTENANCE
(INCLUDING TRANSFER OF FUNDS)
Appropriation enacted, 2018........................... $449,000,000
Budget estimate, 2019................................. 94,708,000
Recommended, 2019..................................... 499,000,000
Comparison:
Appropriation, 2018............................... +50,000,000
Budget estimate, 2019............................. +404,292,000
The Committee recommends $499,000,000 for Capital
Improvement and Maintenance, $50,000,000 above the fiscal year
2018 enacted level and $404,292,000 above the budget request.
The appropriation is offset by the deferral of the road and
rail fund payment of $15,000,000. Overall, the recommendation
includes $50,000,000 to address deferred facility, road, and
trail maintenance needs.
Facilities Maintenance and Construction.--The Committee
recommends $176,000,000 for Facilities Maintenance and
Construction, $25,000,000 above the fiscal year 2018 enacted
level and $164,838,000 above the budget request.
Smokejumper Base.--The Committee is aware the North
Cascades Smokejumper Base in Winthrop, Washington, needs
facility upgrades, improvements, and renovations to meet
Federal Aviation Administration compliance standards and
requirements and understands the Service has completed a
Preliminary Project Analysis that recommends maintaining the
base. The Committee urges the Service to devote the necessary
resources to ensure the base can maintain operational
excellence.
Road Maintenance and Construction.--The Committee
recommends $238,000,000 for Road Maintenance and Construction,
$20,000,000 above the fiscal year 2018 enacted level and
$166,519,000 above the budget request.
Uhwarrie National Forest.--The Committee encourages the
Service to address road conditions in the Uhwarrie National
Forest, working with the State and surrounding communities to
identify priority projects.
Trail Maintenance and Construction.--The Committee
recommends $85,000,000 for Trail Maintenance and Construction,
$5,000,000 above the fiscal year 2018 enacted level and
$72,935,000 above the budget request.
American Discovery Trail.--The Committee encourages the
Service to work with interested parties to facilitate the
installation of signage for the American Discovery Trail, in
accordance with current law and regulation.
Legacy Roads and Trail Remediation.--The Committee
continues to recognize the need to remediate legacy roads and
trails and directs the Service to address these projects as
they rank in priority along with all other infrastructure needs
from the appropriations provided for roads and trails through
the Capital Improvement and Maintenance account.
Capital Improvement Plan.--The Committee reminds the
Service of the directive included in the Consolidated
Appropriations Act, 2018, (Public Law 115-141), to develop a
comprehensive capital improvement plan by December 30, 2018.
LAND ACQUISITION
Appropriation enacted, 2018........................... $64,337,000
Budget estimate, 2019................................. -17,000,000
Recommended, 2019..................................... 34,761,000
Comparison:
Appropriation, 2018............................... -29,576,000
Budget estimate, 2019............................. +51,761,000
The Committee recommends $34,761,000 for Land Acquisition,
$29,576,000 below the fiscal year 2018 enacted level and
$51,761,000 above the budget request. A detailed table of
funding recommendations below the account level is provided at
the end of this report.
The Committee does not have sufficient information to
recommend specific Federal acquisition projects at this time,
but will review and recommend levels of funding for projects
submitted to the Committee in accordance with the direction
provided in the explanatory statement accompanying Public Law
115-141.
The Committee is pleased with the cooperative agreement
between the Forest Service and local authorities in Skamania
County and encourages the Service to remain supportive of the
agreement and to move forward with the land transfer process.
The Committee supports the continuation of efforts to
resolve the long-standing management challenges regarding the
school trust lands within the Boundary Waters Canoe Area in the
Superior National Forest in Minnesota and encourages the
Service to collaborate with nonprofit partners on the private
forestland exchange alternative, which will provide the added
benefit of preserving valuable forestlands outside of Superior
National Forest.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
Appropriation enacted, 2018........................... $850,000
Budget estimate, 2019................................. 700,000
Recommended, 2019..................................... 700,000
Comparison:
Appropriation, 2018............................... -150,000
Budget estimate, 2019............................. 0
The Committee recommends $700,000 for Acquisition of Lands
for National Forests Special Acts, equal to the budget request.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
Appropriation enacted, 2018........................... $192,000
Budget estimate, 2019................................. 150,000
Recommended, 2019..................................... 150,000
Comparison:
Appropriation, 2018............................... -42,000
Budget estimate, 2019............................. 0
The Committee recommends $150,000 for Acquisition of Lands
to Complete Land Exchanges under the Act of December 4, 1967
(16 U.S.C. 484a), equal to the budget request.
RANGE BETTERMENT FUND
Appropriation enacted, 2018........................... $2,065,000
Budget estimate, 2019................................. 1,700,000
Recommended, 2019..................................... 1,700,000
Comparison:
Appropriation, 2018............................... -365,000
Budget estimate, 2019............................. 0
The Committee recommends $1,700,000 for the Range
Betterment Fund, equal to 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.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH
Appropriation enacted, 2018........................... $45,000
Budget estimate, 2019................................. 45,000
Recommended, 2019..................................... 45,000
Comparison:
Appropriation, 2018............................... 0
Budget estimate, 2019............................. 0
The Committee recommends $45,000 for Gifts, Donations and
Bequests for Forest and Rangeland Research, equal to the budget
request.
MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES
Appropriation enacted, 2018........................... $2,500,000
Budget estimate, 2019................................. $1,850,000
Recommended, 2019..................................... 1,850,000
Comparison:
Appropriation, 2018............................... -650,000
Budget estimate, 2019............................. 0
The Committee recommends $1,850,000 for the Management of
National Forest Lands for Subsistence Uses in Alaska, equal to
the budget request.
WILDLAND FIRE
The Wildland Fire Management account supports the wildland
fire activities of the Forest Service. The Committee recommends
a total of $3,004,986,000 for the Forest Service wildland fire
accounts. This includes an additional $500,000,000 above the
10-year average of wildland fire suppression costs.
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
Appropriation enacted, 2018........................... $2,880,338,000
Budget estimate, 2019................................. 2,439,986,000
Recommended, 2019..................................... 3,004,986,000
Comparison:
Appropriation, 2018............................... +124,648,000
Budget estimate, 2019............................. +565,000,000
The Committee recommends $3,004,986,000 for Wildland Fire
Management, $124,648,000 above the fiscal year 2018 enacted
level and $565,000,000 above the budget request.
Wildland Fire Preparedness.--The Committee recommends
$1,339,620,000 for Wildfire Preparedness, $16,100,000 above the
fiscal year 2018 enacted level and equal to the budget request.
Wildland Fire Suppression Operations.--The Committee
recommends $1,165,366,000 for Wildfire Suppression Operations,
$108,548,000 above the fiscal year 2018 enacted level and equal
to the budget request. The Committee recommendation fully meets
the 10-year average expenditure for suppression activities.
The Committee supports the Service's efforts to incorporate
new approaches to fire science into its fire-fighting strategy.
Such techniques include, but are not limited to, analyzing fire
data to improve forecasts, using high-definition cameras part
of the AlertWildfire system, treatments to reduce accumulated
fuels loads, and growing use of Unmanned Aircraft Systems. The
Committee strongly encourages the Service to work closely with
the Department of the Interior, other Federal agencies, States,
and other partners on these efforts.
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
(INCLUDING TRANSFERS OF FUNDS)
The Committee has included administrative provisions as
requested.
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 26
hospitals, 55 health centers, two school health centers, and 21
health stations. Tribes and Tribal groups, through contracts
and compacts with the IHS, operate 22 hospitals, 280 health
centers, six school health centers, and 62 health stations
(including 134 Alaska Native village clinics).
INDIAN HEALTH SERVICES
Appropriation enacted, 2018........................... $3,952,290,000
Budget estimate, 2019................................. 3,945,975,000
Recommended, 2019..................................... 4,202,639,000
Comparison:
Appropriation, 2018............................... +250,349,000
Budget estimate, 2019............................. +256,664,000
The Committee recommends $4,202,639,000 for Indian Health
Services. All proposed cuts are restored and IHS is expected to
continue all programs at fiscal year 2018 enacted levels except
as otherwise discussed below and summarized in the table at the
end of this report. The bill makes funds available for two
years unless otherwise specified.
Current Services.--The recommendation includes an increase
of $42,799,000 above the fiscal year 2018 enacted level to
cover estimated fixed cost increases, as requested.
Hospitals and Health Clinics.--The recommendation includes
$1,969,000 for new Tribes as requested. The Committee has
recently been made aware of ongoing litigation between the
Cherokee Nation and the United Keetoowah Band of Cherokee
Indians (UKB), which could be influenced by congressional
action on $99,000 for UKB included in the budget request. The
Committee is neutral on the matter, and will consult with all
parties involved before taking final congressional action on
the fiscal year 2019 budget.
Indian Health Care Improvement Fund.--The recommendation
includes $125,666,000 for the Indian Health Care Improvement
Fund in order to continue to reduce health care disparities
across the IHS system.
Staffing for New Facilities.--The recommendation includes
$103,931,000 for staffing newly opened health facilities, which
is the full amount based upon updated estimates provided to the
Committee. 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 2018 or will open in
fiscal year 2019. None of these funds may be allocated to a
facility until such facility has achieved beneficial occupancy
status.
Accreditation Emergencies.--The recommendation includes
$58,000,000 as requested to assist IHS-operated facilities that
have been terminated or received notice of termination from the
Centers for Medicare & Medicaid Services (CMS) Medicare
program. Funding shall be allocated to such facilities in
amounts to: restore compliance; supplement purchased/referred
care, including transportation, in the event of temporary
closure of such facility or one or more of its departments; and
compensate for third-party collection shortfalls resulting from
being out of compliance. Primary consideration should be given
to facilities that have been without certification the longest.
Shortfalls shall be calculated relative to 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. Funds allocated to a facility to address
compliance issues shall be made available to Tribes newly
assuming operation of such facilities pursuant to the Indian
Self-Determination and Education Assistance Act of 1975 (P.L.
93-638).
Village Built Clinics.--The recommendation includes
$18,000,000 for the village built clinics leasing program,
equal to the fiscal year 2018 enacted level.
Dental Health.--The recommendation includes $207,906,000
for Dental Health, $12,623,000 above the fiscal year 2018
enacted level. Increases are for fixed costs, staffing for new
facilities, and the requested transfer. The Service is expected
to staff all leadership positions in the headquarters office.
Urban Indian Health.--The recommendation includes
$60,000,000 for Urban Indian Health, $13,578,000 above the
budget request. The Service is expected to include current
services estimates for Urban Indian Health in annual budget
requests.
Indian Health Care Improvement Act.--It has been over eight
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 is aware of the work being done by the IHS in
consultation with Tribes to re-evaluate the existing formula
for calculating the level of need funded. The Service is
expected to combine this calculation with other existing
resource deficiency metrics to estimate a total amount
necessary for fully funding existing health services, and
report to the Committee no later than 180 days after enactment
of this Act.
Maternal and Child Health.--The Committee is aware the
Indian Health Service Chief Medical Officer (CMO) has
established the hiring of a national maternal/child health
coordinator as a top priority for the Office of Clinical and
Preventive Services. In addition, the CMO has also appointed a
Chief Clinical Consultant for Obstetrics and Gynecology for
issues related to maternal health. Within 90 days of enactment
of this Act, the Indian Health Service shall report on its
progress to hire a permanent Maternal and Child Health
Coordinator at Headquarters with experience working as a health
care provider on maternal and child health issues.
Indian Health Professions.--The recommendation includes
$70,765,000 for Indian Health Professions, $21,402,000 above
the fiscal year 2018 enacted level. Loan repayments are funded
at $55,700,000 and an additional $1,650,000 is provided for
scholarships. The Committee recognizes the value of the loan
repayment program and the scholarships program in helping to
recruit and retain medical professionals.
CONTRACT SUPPORT COSTS
Appropriation enacted, 2018........................... $717,970,000
Budget estimate, 2019................................. 822,227,000
Recommended, 2019..................................... 822,227,000
Comparison:
Appropriation, 2018............................... +104,257,000
Budget estimate, 2019............................. 0
The Committee recommends an indefinite appropriation
estimated to be $822,227,000 for contract support costs
incurred by the agency as required by law. The bill includes
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.
INDIAN HEALTH FACILITIES
Appropriation enacted, 2018........................... $867,504,000
Budget estimate, 2019................................. 505,821,000
Recommended, 2019..................................... 882,748,000
Comparison:
Appropriation, 2018............................... +15,244,000
Budget estimate, 2019............................. +376,927,000
The Committee recommends $882,748,000 for Indian Health
Facilities, $15,244,000 above the fiscal year 2018 enacted
level and $376,927,000 above the budget request. All proposed
cuts are restored and IHS is expected to continue all programs
at fiscal year 2018 enacted levels except as otherwise
discussed below and summarized in the table at the end of this
report.
Current Services.--The recommendation includes an increase
of $3,942,000 above the fiscal year 2018 enacted level to cover
estimated fixed cost increases, as requested.
Staffing for New Facilities.--The agreement includes
$11,302,000 for staffing newly opened health facilities, which
is the full amount based upon updated estimates provided to the
Committee. The stipulations included in the ``Indian Health
Services'' account regarding the allocation of funds pertain to
this account as well.
Indian Health Care Improvement Fund.--The bill includes
language allowing funds in the Indian Health Care Improvement
Fund to be used for activities in the Facilities account.
The methodology used to distribute facilities funding
should address the fluctuating annual workload and maintain
parity among IHS areas and Tribes as the workload shifts.
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, 2018........................... $77,349,000
Budget estimate, 2019................................. 53,967,000
Recommended, 2019..................................... 80,000,000
Comparison:
Appropriation, 2018............................... +2,651,000
Budget estimate, 2019............................. +26,033,000
The Committee recommends $80,000,000 for the National
Institute of Environmental Health Sciences, $2,651,000 above
the fiscal year 2018 enacted level and $26,033,000 above the
budget request.
Agency for Toxic Substances and Disease Registry
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH
The Agency for Toxic Substances and Disease Registry
(ATSDR), an agency in the Department of Health and Human
Services, was created in section 104(i) of the Comprehensive
Environmental Response, Compensation, and Liability Act
(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, 2018........................... $74,691,000
Budget estimate, 2019................................. 62,000,000
Recommended, 2019..................................... 62,000,000
Comparison:
Appropriation, 2018............................... -12,691,000
Budget estimate, 2019............................. 0
The Committee recommends $62,000,000 for the Agency for
Toxic Substances and Disease Registry, $12,691,000 below the
fiscal year 2018 enacted level and equal to the budget request.
The Committee directs the Agency to focus on its core
mission of assessing hazardous exposures and working with
communities, if requested, near toxic waste sites and not
agricultural operations that are regulated under a variety of
State and Federal laws.
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, 2018........................... $3,000,000
Budget estimate, 2019................................. 2,994,000
Recommended, 2019..................................... 2,994,000
Comparison:
Appropriation, 2018............................... -6,000
Budget estimate, 2019............................. 0
The Committee recommends $2,994,000 for the Council on
Environmental Quality and Office of Environmental Quality,
$6,000 below the fiscal year 2018 enacted level and equal to
the budget request.
The Committee recognizes that the Council on Environmental
Quality (CEQ) plays a critical role in coordinating Federal
efforts to protect our environment and natural resources. Given
that role, the Committee urges CEQ to convene the Department of
the Navy and the Department of the Interior, and other agencies
as appropriate, to support ongoing efforts to determine the
potential environmental impacts of military aviation noise on
national parks, including with respect to measuring and
reporting military aviation noise that impacts land under the
administration of the National Park Service.
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, 2018........................... $11,000,000
Budget estimate, 2019................................. 9,500,000
Recommended, 2019..................................... 12,000,000
Comparison:
Appropriation, 2018............................... +1,000,000
Budget estimate, 2019............................. +2,500,000
The bill provides $12,000,000 for Salaries and Expenses of
the Chemical Safety and Hazard Investigation Board. The Board
has the responsibility of independently investigating
industrial chemical accidents and collaborating with industry
and professional organizations to share safety lessons that can
prevent catastrophic incidents and the Committee expects this
work to continue.
Office of Navajo and Hopi Indian Relocation
SALARIES AND EXPENSES
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, 2018........................... $15,431,000
Budget estimate, 2019................................. 4,400,000
Recommended, 2019..................................... 4,750,000
Comparison:
Appropriation, 2018............................... -10,681,000
Budget estimate, 2019............................. +350,000
The Committee recommends $4,750,000 for the Office of
Navajo and Hopi Indian Relocation (ONHIR) to complete its
mission and bring about the closure of ONHIR in accordance with
its authorizing statutes. The amount above the request may be
used for activities such as hiring temporary personnel,
contracting for litigation support to summarize files within
the statute of limitations, contracting for post move
counseling services, and hiring a consultant to facilitate
transitioning ONHIR's database to the entity that assumes
responsibility for ONHIR functions to ensure the information is
readily available and accessible. ONHIR is directed to continue
to work closely with the Navajo Nation, the Hopi Tribe, the
Office of the Special Trustee, the Bureau of Indian Affairs,
and the Department of Justice to plan and implement the timely,
reasonable, and fair closure of ONHIR and transfer of any
legacy responsibilities to the appropriate parties.
Institute of American Indian and Alaska Native Culture and Arts
Development
PAYMENT TO THE INSTITUTE
Appropriation enacted, 2018........................... $9,835,000
Budget estimate, 2019................................. 9,960,000
Recommended, 2019 9,960,000
Comparison:
Appropriation, 2018............................... +125,000
Budget estimate, 2019............................. 0
The Committee recommends $9,960,000 for the Institute of
American Indian and Alaska Native Culture and Arts Development,
as requested.
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 172 years in
the ``increase and diffusion of knowledge.'' Last year, the
Smithsonian attracted over 30 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 155 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, 2018........................... $731,444,000
Budget estimate, 2019................................. 737,944,000
Recommended, 2019..................................... 737,944,000
Comparison:
Appropriation, 2018............................... +6,500,000
Budget estimate, 2019............................. 0
The Committee recommends $737,944,000 for Salaries and
Expenses of the Smithsonian Institution, $6,500,000 above the
fiscal year 2018 enacted level and equal to 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 with 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), and has provided funds, as requested.
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.
Asian Pacific American Initiatives and Outreach.--The
Committee provides funds as requested for the Institution's
Asian Pacific American initiatives and continues to support the
Institution's efforts to develop programs and expand outreach
to promote a better understanding of the Asian Pacific American
experience.
Outreach.--The Committee acknowledges the Smithsonian's new
strategic plan and its goal to reach a billion people by 2022
with a ``digital first'' strategy. The Committee encourages the
Institution to increase outreach and support activities through
collaboration with local museums and other interested public
and non-profit organizations. The Committee continues its
support of the Smithsonian's Traveling Exhibitions and
Affiliations programs that share its expertise, art, science
and historical artifacts throughout the Nation, as well as rich
educational programming. These programs ensure that all
Americans have the opportunity to learn and experience the
magnificent history which millions find every year exhibited in
Washington, D.C.
STEM engagement.--The Committee commends the Smithsonian's
efforts to provide authentic and inspiring STEM experiences for
teachers and students by drawing on the scientific and
engineering assets of the Federal government including
scientists, labs, satellites, museums, and research centers.
The Committee encourages the Smithsonian to continue its
involvement and leadership in the Federal CoSTEM initiative
which coordinates the efforts of STEM engagement across mission
agencies, and other non-profit collaborators. The Committee is
pleased that the Smithsonian continues to offer additional
programs, experiences, and services in the creation,
dissemination, and evaluation of STEM education content.
FACILITIES CAPITAL
Appropriation enacted, 2018........................... $311,903,000
Budget estimate, 2019................................. 219,500,000
Recommended, 2019..................................... 317,500,000
Comparison:
Appropriation, 2018............................... +5,597,000
Budget estimate, 2019............................. +98,000,000
The Committee recommends $317,500,000 for the Facilities
Capital account, $5,597,000 above the fiscal year 2018 enacted
level. The recommendation includes funding, as requested, for
the facilities capital account and an additional $98,000,000
above the budget request for the National Air and Space Museum
revitalization.
National Air and Space Museum Revitalization.--The
Committee supports the multi-year, multi-phase renovation of
the National Air and Space Museum (NASM), including the
replacement of the building's fawade and internal building
systems. The bill includes $225,000,000 for this critical
revitalization effort.
The NASM faces mechanical, structural, and security
challenges that necessitate action to ensure the facility's
long-term viability. The NASM is the most visited museum in the
United States and second most visited museum in the world with
between seven and eight million visitors annually. Given the
scale of the project, the Committee directs the Institution to
provide the Committee on a timely basis the most updated and
comprehensive information on project and funding requirements.
The Government Accountability Office is directed to continue
its ongoing review and analysis of the project's cost estimate,
as directed in the Consolidated Appropriations Ace, 2017 (P.L.
115-31). Further, the Committee commends the Smithsonian for
its efforts to identify partnership and philanthropic
opportunities that will provide additional non-Federal sources
of funding to assist in offsetting the costs of this and other
projects.
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, 2018........................... $141,790,000
Budget estimate, 2019................................. 138,724,000
Recommended, 2019..................................... 141,790,000
Comparison:
Appropriation, 2018............................... 0
Budget estimate, 2019............................. +3,066,000
The Committee recommends $141,790,000 for Salaries and
Expenses of the National Gallery of Art, equal to the fiscal
year 2018 enacted level and $3,066,000 above the budget
request.
Bill Language.--The Committee has included bill language
specifying the amount provided for Special Exhibitions.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
Appropriation enacted, 2018........................... $24,203,000
Budget estimate, 2019................................. 8,176,000
Recommended, 2019..................................... 26,564,000
Comparison:
Appropriation, 2018............................... +2,361,000
Budget estimate, 2019............................. +18,388,000
The Committee recommends $26,564,000 for Repair,
Restoration and Renovation of buildings at the National Gallery
of Art, $2,361,000 above the fiscal year 2018 enacted level and
$18,388,000 above the budget request. The recommendation
includes an additional $4,000,000 to begin projects identified
for Work Area 9.3, including upgrading the East Building's main
electrical service equipment.
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, 2018........................... $23,740,000
Budget estimate, 2019................................. 24,490,000
Recommended, 2019..................................... 24,490,000
Comparison:
Appropriation, 2018............................... +750,000
Budget estimate, 2019............................. 0
The Committee recommends $24,490,000 for Operations and
Maintenance, $750,000 above the fiscal year 2018 enacted level
and equal to the budget request.
CAPITAL REPAIR AND RESTORATION
Appropriation enacted, 2018........................... $16,775,000
Budget estimate, 2019................................. 13,000,000
Recommended, 2019..................................... 16,025,000
Comparison:
Appropriation, 2018............................... -750,000
Budget estimate, 2019............................. +3,025,000
The Committee recommends $16,025,000 for Capital Repair and
Restoration, $750,000 below the fiscal year 2018 enacted level
and $3,025,000 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, 2018........................... $12,000,000
Budget estimate, 2019................................. 7,474,000
Recommended, 2019..................................... 12,000,000
Comparison:
Appropriation, 2018............................... 0
Budget estimate, 2019............................. +4,526,000
The Committee recommends $12,000,000 for Salaries and
Expenses of the Woodrow Wilson International Center for
Scholars, equal to the fiscal year 2018 enacted level and
$4,526,000 above the budget request.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
GRANTS AND ADMINISTRATION
Appropriation enacted, 2018........................... $152,849,000
Budget estimate, 2019................................. 28,949,000
Recommended, 2019..................................... 155,000,000
Comparison:
Appropriation, 2018............................... +2,151,000
Budget estimate, 2019............................. +126,051,000
The Committee recommends $155,000,000 for the National
Endowment for the Arts (NEA), $2,151,000 above the fiscal year
2018 enacted level and $126,051,000 above the budget request.
The Committee notes the broad bipartisan support of the NEA
in commending the NEA's participation in the National
Initiative on Arts and the Military. This collaborative effort
involving Federal agencies, the military, and nonprofit and
private sector partners is working to advance the policy,
research, and practice of arts therapy for military veterans
and their families. Through the innovative program, ``Creative
Forces: NEA Military Healing Arts Network,'' the NEA is
partnering with the Departments of Defense and Veterans Affairs
to place creative arts therapies at the core of patient-
centered care and increase access to therapeutic arts
activities in local communities.
The Committee commends the NEA for its ongoing
collaboration with the National Intrepid Center of Excellence
at Walter Reed National Military Medical Center. 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 service members with Traumatic
Brain Injury and Post Traumatic Stress. Today, the NEA is
engaged in this transformative approach to healing at 11
clinical sites across the country.
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 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.
The Committee supports the NEA's work with STEAM, adding
the Arts to STEM (Science, Technology, Engineering, and
Mathematic) education initiatives. The Committee encourages the
NEA to continue its research efforts and work with cultural
institutions, arts organizations, and other Federal agencies in
furthering STEAM initiatives. STEAM programs have proven
effective in student achievement, subject area understanding,
and fostering innovation and creativity and preparing young
Americans for the 21st century and beyond.
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, 2018........................... $152,848,000
Budget estimate, 2019................................. 42,307,000
Recommended, 2019..................................... 155,000,000
Comparison:
Appropriation, 2018............................... +2,152,000
Budget estimate, 2019............................. +112,693,000
The Committee recommends a total of $155,000,000 for the
National Endowment for the Humanities (NEH), $2,152,000 above
the fiscal year 2018 enacted level and $112,693,000 above the
budget request.
The Committee notes the broad bipartisan support of the NEH
in commending 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. 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 commends the 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. The Committee 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,
2018.
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 750 projects annually. The Commission also
administers the National Capital Arts and Cultural Affairs
program.
SALARIES AND EXPENSES
Appropriation enacted, 2018........................... $2,762,000
Budget estimate, 2019................................. 2,771,000
Recommended, 2019..................................... 2,771,000
Comparison:
Appropriation, 2018............................... +9,000
Budget estimate, 2019............................. 0
The Committee recommends $2,771,000 for Salaries and
Expenses of the Commission of Fine Arts, $9,000 above the
fiscal year 2018 enacted level and equal to the budget request.
National Capital Arts and Cultural Affairs
Appropriation enacted, 2018........................... $2,750,000
Budget Estimate, 2019................................. 0
Recommended, 2019..................................... 2,750,000
Comparison:
Appropriation, 2018............................... 0
Budget estimate, 2019............................. +2,750,000
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. NCACA provides grants to support Ford's
Theater, the National Symphony Orchestra, the National Museum
of Women in the Arts, and other arts organizations. The
Committee recommends $2,750,000, equal to the fiscal year 2018
enacted level.
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, 2018........................... $6,400,000
Budget estimate, 2019................................. 6,440,000
Recommended, 2019..................................... 6,440,000
Comparison:
Appropriation, 2018............................... +40,000
Budget estimate, 2019............................. 0
The Committee recommends $6,440,000 for Salaries and
Expenses of the Advisory Council on Historic Preservation
(ACHP), $40,000 above the fiscal year 2018 enacted level and
equal to the budget request.
National Capital Planning Commission
SALARIES AND EXPENSES
The National Capital Planning Act of 1952 designated the
National Capital Planning Commission as the central planning
agency for the Federal government in the National Capital
Region. The three major functions of the Commission are to
prepare and adopt the Federal elements of the National Capital
Comprehensive Plan; prepare an annual report on a five-year
projection of the Federal Capital Improvement Program; and
review plans and proposals submitted to the Commission.
Appropriation enacted, 2018........................... $8,099,000
Budget estimate, 2019................................. 7,948,000
Recommended, 2019..................................... 8,099,000
Comparison:
Appropriation, 2018............................... 0
Budget estimate, 2019............................. +151,000
The Committee recommends $8,099,000 for Salaries and
Expenses of the National Capital Planning Commission, equal to
the fiscal year 2018 enacted level and $151,000 above 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, 2018........................... $59,000,000
Budget estimate, 2019................................. 56,602,000
Recommended, 2019..................................... 58,000,000
Comparison:
Appropriation, 2018............................... -1,000,000
Budget estimate, 2019............................. +1,398,000
The Committee recommends $58,000,000 for the Holocaust
Memorial Museum, $1,000,000 below the fiscal year 2018 enacted
level and $1,398,000 above the budget request. The Committee
provides $57,000,000 for operations and recommends an
additional $1,000,000 to continue priority capital improvement
and deferred maintenance projects.
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, 2018........................... $1,800,000
Budget estimate, 2019................................. 1,800,000
Recommended, 2019..................................... 1,800,000
Comparison:
Appropriation, 2018............................... 0
Budget estimate, 2019............................. 0
The bill includes $1,800,000 for the Salaries and Expenses
account, equal to the fiscal year 2018 enacted level and the
budget request. The Committee notes that the final installment
of construction funding necessary to complete the memorial was
provided in the Consolidated Appropriations Act, 2018 (Public
Law 115-141).
Women's Suffrage Centennial Commission
The Women's Suffrage Centennial Commission was established
by Congress in 2017 in the Consolidated Appropriations Act,
2017, P.L. 115-31. The purpose of the commission is to study
and make recommendations for the national commemoration of the
ratification of the 19th amendment to the U.S. Constitution on
August 18, 1920, that guaranteed women the right to vote.
SALARIES AND EXPENSES
Appropriation enacted, 2018........................... $1,000,000
Budget estimate, 2019................................. 0
Recommended, 2019..................................... 500,000
Comparison:
Appropriation, 2018............................... -500,000
Budget estimate, 2019............................. +500,000
The bill provides $500,000 for the salaries and expenses
account of the Women's Suffrage Centennial Commission, $500,000
below the fiscal year 2018 enacted level and $500,000 above the
budget request. The Committee notes that Congress has provided
a total of $3,000,000 over the past two fiscal years for the
Commission and activities related to the Women's Suffrage
Centennial. However, a quorum has not been established and an
executive director has not been appointed. When a quorum is
achieved, the Committee requests a briefing on how the funding
appropriated to date will be obligated and at such time will
consider the need for additional appropriations for fiscal year
2019.
World War I Centennial Commission
The U.S. World War I Centennial Commission was created by
an Act of Congress in 2013 as an independent agency of the
Legislative Branch of the United States government. Members of
the 12-member Commission were appointed by the President and
the leaders of the Senate and the House of Representatives, as
well as the American Legion, the Veterans of Foreign Wars, and
the National World War I Museum. The Commission's mission is to
plan, develop, and execute programs, projects and activities to
commemorate the Centennial of World War I.
SALARIES AND EXPENSES
Appropriation enacted, 2018........................... $7,000,000
Budget estimate, 2019................................. 6,000,000
Recommended, 2019..................................... 3,000,000
Comparison:
Appropriation, 2018............................... -4,000,000
Budget estimate, 2019............................. -3,000,000
The Committee recommends $3,000,000 for salaries and
expenses of the World War I Centennial Commission. Additional
funds are not provided because the Commission's budget was
increased for fiscal year 2018 to coincide with the centennial
of the end of the war.
TITLE IV--GENERAL PROVISIONS
Section 401 continues a provision prohibiting activities to
promote public support or opposition to legislative proposals.
Section 402 continues a provision providing for annual
appropriations unless expressly provided otherwise in this Act.
Section 403 continues a provision providing restrictions on
departmental assessments unless approved by the Committee on
Appropriations.
Section 404 continues a limitation on accepting and
processing applications for patents and on the patenting of
Federal lands.
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 2019.
Section 407 continues a provision providing that the
Secretary of Agriculture shall not be considered in violation
of certain provisions of the Forest and Rangeland Renewable
Resources Planning Act solely because more than 15 years have
passed without revision of a forest plan, provided that the
Secretary is working in good faith to complete the plan
revision.
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 lands or interests in lands 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 programs managed by the National
Endowment for the Arts.
Section 415 continues a provision requiring the Department
of the Interior, Environmental Protection Agency, Forest
Service, and Indian Health Service to provide the Committees on
Appropriations quarterly reports on the status of balances of
appropriations.
Section 416 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 417 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 418 prohibits the use of funds to regulate the lead
content of ammunition or fishing tackle.
Section 419 continues a provision through fiscal year 2020
authorizing the Secretary of the Interior and the Secretary of
Agriculture to consider local contractors when awarding
contracts for certain activities on public lands.
Section 420 extends the authorization for the Chesapeake
Bay Initiative through fiscal year 2020.
Section 421 extends certain authorities through fiscal year
2019 allowing the Forest Service to renew grazing permits.
Section 422 prohibits the use of funds to maintain or
establish a computer network unless such network is designed to
block access to pornography websites.
Section 423 extends the authority of the Forest Service
Facility Realignment and Enhancement Act.
Section 424 sets requirements for the use of American iron
and steel for certain loans and grants.
Section 425 prohibits the use of funds to destroy any
building or structures on Midway Island that has been
recommended by the U.S. Navy for inclusion in the National
Register of Historic Places.
Section 426 reauthorizes funding for one year for the John
F. Kennedy Center for the Performing Arts.
Section 427 provides authority for the Secretary of the
Interior to enter into training agreements and to transfer
excess equipment and supplies for wildfires.
Section 428 provides a one-year extension of the current
recreation fee authority.
Section 429 addresses carbon emissions from forest biomass.
Section 430 prohibits the use of funds to require permits
for the discharge of dredged or fill material for certain
agriculture activities.
Section 431 addresses the Waters of the United States rule.
Section 432 prohibits the use of funds to issue any
regulation under the Solid Waste Disposal Act that applies to
an animal feeding operation.
Section 433 prohibits the use of funds to limit
recreational shooting and hunting on Federal and public lands
except for public safety.
Section 434 makes available vacant grazing allotments for
permittees impacted by drought or wildland fire.
Section 435 makes additional investments in water
infrastructure priorities and Superfund long-term cleanup
remedies.
Section 436 provides authority for the Secretary of
Agriculture to hire resource assistants under certain
circumstances.
Sec. 437 expedites completion of a project providing
reliable water supplies to Central and Southern California.
Sec. 438 prohibits the use of funds to introduce grizzly
bears into certain areas in the State of Washington.
Sec. 439 provides authority for the Secretary of the
Interior to use sterilization in the management of wild horses
and burros.
Sec. 440 prohibits the use of funds to set aside any
additional forest habitat for the marbled murrelet seabird.
Sec. 441 exempts California water infrastructure projects
from judicial review.
Sec. 442 redistributes proceeds from energy production in
Alaska.
Section 443 establishes a Spending Reduction Account in the
bill.
Bill-Wide Reporting Requirements
The following items are included in accordance with various
requirements of the Rules of the House of Representatives:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the following is a statement of
general performance goals and objectives for which this measure
authorizes funding:
The Committee on Appropriations considers program
performance, including a program's success in developing and
attaining outcome-related goals and objectives, in developing
funding recommendations.
RESCISSION OF FUNDS
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following table is submitted
describing the rescissions recommended in the accompanying
bill:
------------------------------------------------------------------------
Amounts
Department and activity Precommended for
rescission
------------------------------------------------------------------------
Department of the Interior: Bureau of Indian Affairs $4,000,000
and Bureau of Indian Education, Administrative
Provisions...........................................
Environmental Protection Agency: Science and $7,350,000
Technology...........................................
Environmental Protection Agency: Environmental $40,000,000
Programs and Management..............................
Environmental Protection Agency: State and Tribal $75,000,000
Assistance Grants (STAG).............................
------------------------------------------------------------------------
TRANSFERS OF FUNDS
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following table is submitted
describing the transfer of funds in the accompanying bill.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Neither the bill nor the report contains any congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined by clause 9 of rule XXI.
Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, 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 2022,] fiscal year
2012 and each fiscal year thereafter, a person may
bring a civil action challenging a decision of the
Bureau of Land Management concerning grazing on public
lands (as defined in section 103(e) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702(e)))
in a Federal district court only if the person has
exhausted the administrative hearings and appeals
procedures established by the Department of the
Interior, including having filed a timely appeal and a
request for stay.
(2) An issue may be considered in the judicial review
of a decision referred to in paragraph (1) only if the
issue was raised in the administrative review process
described in such paragraph.
(3) An exception to the requirement of exhausting the
administrative review process before seeking judicial
review shall be available if a Federal court finds that
the agency failed or was unable to make information
timely available during the administrative review
process for issues of material fact. For the purposes
of this paragraph, the term ``timely'' means within 120
calendar days after the date that the challenge to the
agency action or amendment at issue is received for
administrative review.
(b) Acceptance of Donation of Certain Existing Permits or
Leases.--
(1) During fiscal year 2012 and thereafter, the
Secretary of the Interior shall accept the donation of
any valid existing permits or leases authorizing
grazing on public lands within the California Desert
Conservation Area. With respect to each permit or lease
donated under this paragraph, the Secretary shall
terminate the grazing permit or lease, ensure a
permanent end (except as provided in paragraph (2)), to
grazing on the land covered by the permit or lease, and
make the land available for mitigation by allocating
the forage to wildlife use consistent with any
applicable Habitat Conservation Plan, section
10(a)(1)(B) permit, or section 7 consultation under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(2) If the land covered by a permit or lease donated
under paragraph (1) is also covered by another valid
existing permit or lease that is not donated under such
paragraph, the Secretary of the Interior shall reduce
the authorized grazing level on the land covered by the
permit or lease to reflect the donation of the permit
or lease under paragraph (1). To ensure that there is a
permanent reduction in the level of grazing on the land
covered by a permit or lease donated under paragraph
(1), the Secretary shall not allow grazing use to
exceed the authorized level under the remaining valid
existing permit or lease that is not donated.
* * * * * * *
TITLE IV
GENERAL PROVISIONS
* * * * * * *
CONTRACTING AUTHORITIES
Sec. 412. In awarding a Federal contract with funds made
available by this Act, notwithstanding Federal Government
procurement and contracting laws, the Secretary of Agriculture
and the Secretary of the Interior (the ``Secretaries'') may, in
evaluating bids and proposals, through [fiscal year 2019]
fiscal year 2020, give consideration to local contractors who
are from, and who provide employment and training for,
dislocated and displaced workers in an economically
disadvantaged rural community, including those historically
timber-dependent areas that have been affected by reduced
timber harvesting on Federal lands and other forest-dependent
rural communities isolated from significant alternative
employment opportunities: Provided, That notwithstanding
Federal Government procurement and contracting laws the
Secretaries may award contracts, grants or cooperative
agreements to local non-profit entities, Youth Conservation
Corps or related partnerships with State, local or non-profit
youth groups, or small or micro-business or disadvantaged
business: Provided further, That the contract, grant, or
cooperative agreement is for forest hazardous fuels reduction,
watershed or water quality monitoring or restoration, wildlife
or fish population monitoring, road decommissioning, trail
maintenance or improvement, or habitat restoration or
management: Provided further, That the terms ``rural
community'' and ``economically disadvantaged'' shall have the
same meanings as in section 2374 of Public Law 101-624 (16
U.S.C. 6612): Provided further, That the Secretaries shall
develop guidance to implement this section: Provided further,
That nothing in this section shall be construed as relieving
the Secretaries of any duty under applicable procurement laws,
except as provided in this section.
* * * * * * *
----------
CONSOLIDATED APPROPRIATIONS ACT, 2014
(Public Law 113-76)
* * * * * * *
DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2014
TITLE I
DEPARTMENT OF THE INTERIOR
* * * * * * *
CONTRIBUTION AUTHORITY
Sec. 113. In fiscal years 2014 through [2019,] 2024, the
Secretary of the Interior may accept from public and private
sources contributions of money and services for use by the
Bureau of Ocean Energy Management or the Bureau of Safety and
Environmental Enforcement to conduct work in support of the
orderly exploration and development of Outer Continental Shelf
resources, including preparation of environmental documents
such as impact statements and assessments, studies, and related
research.
* * * * * * *
----------
CHESAPEAKE BAY INITIATIVE ACT OF 1998
* * * * * * *
TITLE V--CHESAPEAKE BAY INITIATIVE
* * * * * * *
SEC. 502. CHESAPEAKE BAY GATEWAYS AND WATERTRAILS.
(a) Chesapeake Bay Gateways and Watertrails Network.--
(1) In general.--The Secretary of the Interior
(referred to in this section as the ``Secretary''), in
cooperation with the Administrator of the Environmental
Protection Agency (referred to in this section as the
``Administrator''), shall provide technical and
financial assistance, in cooperation with other Federal
agencies, State and local governments, nonprofit
organizations, and the private sector--
(A) to identify, conserve, restore, and
interpret natural, recreational, historical,
and cultural resources within the Chesapeake
Bay Watershed;
(B) to identify and utilize the collective
resources as Chesapeake Bay Gateways sites for
enhancing public education of and access to the
Chesapeake Bay;
(C) to link the Chesapeake Bay Gateways sites
with trails, tour roads, scenic byways, and
other connections as determined by the
Secretary;
(D) to develop and establish Chesapeake Bay
Watertrails comprising water routes and
connections to Chesapeake Bay Gateways sites
and other land resources within the Chesapeake
Bay Watershed; and
(E) to create a network of Chesapeake Bay
Gateways sites and Chesapeake Bay Watertrails.
(2) Components.--Components of the Chesapeake Bay
Gateways and Watertrails Network may include--
(A) State or Federal parks or refuges;
(B) historic seaports;
(C) archaeological, cultural, historical, or
recreational sites; or
(D) other public access and interpretive
sites as selected by the Secretary.
(b) Chesapeake Bay Gateways Grants Assistance Program.--
(1) In general.--The Secretary, in cooperation with
the Administrator, shall establish a Chesapeake Bay
Gateways Grants Assistance Program to aid State and
local governments, local communities, nonprofit
organizations, and the private sector in conserving,
restoring, and interpreting important historic,
cultural, recreational, and natural resources within
the Chesapeake Bay Watershed.
(2) Criteria.--The Secretary, in cooperation with the
Administrator, shall develop appropriate eligibility,
prioritization, and review criteria for grants under
this section.
(3) Matching funds and administrative expenses.--A
grant under this section--
(A) shall not exceed 50 percent of eligible
project costs;
(B) shall be made on the condition that non-
Federal sources, including in-kind
contributions of services or materials, provide
the remainder of eligible project costs; and
(C) shall be made on the condition that not
more than 10 percent of all eligible project
costs be used for administrative expenses.
(c) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $3,000,000 for each
of fiscal years 1999 through [2019] 2020.
----------
FOREST SERVICE FACILITY REALIGNMENT AND ENHANCEMENT ACT OF 2005
* * * * * * *
TITLE V--FOREST SERVICE FACILITY REALIGNMENT AND ENHANCEMENT
* * * * * * *
SEC. 503. AUTHORIZATION FOR CONVEYANCE OF FOREST SERVICE ADMINISTRATIVE
SITES.
(a) Conveyances Authorized.--In the manner provided by this
title, the Secretary may convey an administrative site, or an
interest in an administrative site, that is under the
jurisdiction of the Secretary.
(b) Means of Conveyance.--The conveyance of an administrative
site under this title may be made--
(1) by sale;
(2) by lease;
(3) by exchange;
(4) by a combination of sale and exchange; or
(5) by such other means as the Secretary considers
appropriate.
(c) Size of Conveyance.--An administrative site or compound
of administrative sites disposed of in a single conveyance
under this title may not exceed 40 acres.
(d) Certain Lands Excluded.--The following Federal land may
not be conveyed under this title:
(1) Any land within a unit of the National Forest
System that is exclusively designated for natural area
or recreational purposes.
(2) Any land included within the National Wilderness
Preservation System, the Wild and Scenic River System,
or a National Monument.
(3) Any land that the Secretary determines--
(A) is needed for resource management
purposes or to provide access to other land or
water;
(B) is surrounded by National Forest System
land or other publicly owned land, if
conveyance would not be in the public interest
due to the creation of a non-Federal inholding
that would preclude the efficient management of
the surrounding land; or
(C) would be in the public interest to
retain.
(e) Congressional Notifications.--
(1) Notice of anticipated use of authority.--As part
of the annual budget justification documents provided
to the Committee on Appropriations of the House of
Representatives and the Committee on Appropriations of
the Senate, the Secretary shall include--
(A) a list of the anticipated conveyances to
be made, including the anticipated revenue that
may be obtained, using the authority provided
by this title or other conveyance authorities
available to the Secretary;
(B) a discussion of the intended purposes of
any new revenue obtained using this authority
or other conveyance authorities available to
the Secretary, and a list of any individual
projects that exceed $500,000; and
(C) a presentation of accomplishments of
previous years using this authority or other
conveyance authorities available to the
Secretary.
(2) Notice of changes to conveyance list.--If the
Secretary proposes to convey an administrative site
under this title or using other conveyance authorities
available to the Secretary and the administrative site
is not included on a list provided under paragraph
(1)(A), the Secretary shall submit to the congressional
committees specified in paragraph (3) written notice of
the proposed conveyance, including the anticipated
revenue that may be obtained from the conveyance.
(3) Notice of use of authority.--At least once a
year, the Secretary shall submit to the Committee on
Agriculture, the Committee on Appropriations, and the
Committee on Resources of the House of Representatives
and the Committee on Agriculture, Nutrition, and
Forestry, the Committee on Appropriations, and the
Committee on Energy and Natural Resources of the Senate
a report containing a description of all conveyances of
National Forest System land made by the Secretary under
this title or other conveyance authorities during the
period covered by the report.
(f) Duration of Authority.--The authority of the Secretary to
initiate the conveyance of an administrative site under this
title expires on September 30, [2018] 2019.
(g) Repeal of Pilot Conveyance Authority.--Effective
September 30, 2006, section 329 of the Department of the
Interior and Related Agencies Appropriations Act, 2002 (16
U.S.C. 580d note; Public Law 107-63), is repealed.
Notwithstanding the repeal of such section, the Secretary may
complete the conveyance under such section of any
administrative site whose conveyance was initiated under such
section before that date.
* * * * * * *
----------
JOHN F. KENNEDY CENTER ACT
* * * * * * *
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
[(a) Maintenance, Repair, and Security.--There is authorized
to be appropriated to the Board to carry out section
4(a)(1)(H), $23,740,000 for fiscal year 2018.
[(b) Capital Projects.--There is authorized to be
appropriated to the Board to carry out subparagraphs (F) and
(G) of section 4(a)(1), $16,775,000 for fiscal year 2018.]
(a) Maintenance, Repair, and Security.--There is authorized
to be appropriated to the Board to carry out section
4(a)(1)(H), $24,490,000 for fiscal year 2019.
(b) Capital Projects.--There is authorized to be appropriated
to the Board to carry out subparagraphs (F) and (G) of section
4(a)(1), $16,025,000 for fiscal year 2019.
(c) John F. Kennedy Center Plaza.--There is authorized to be
appropriated to the Secretary of Transportation for capital
costs incurred in the planning, design, engineering, and
construction of the project authorized by section 12 (including
roadway improvements related to the North and South
Interchanges and construction of the John F. Kennedy Center
Plaza, but not including construction of any buildings on the
plaza) a total of $400,000,000 for fiscal years 2003 through
2010. Such sums shall remain available until expended.
(d) Photovoltaic System.--There are authorized to be
appropriated to the Board such sums as are necessary to carry
out section 7, to remain available until expended.
(e) Limitation on Use of Funds.--No funds appropriated
pursuant to this section may be used for any direct expense
incurred in the production of a performing arts attraction, for
personnel who are involved in performing arts administration
(including any supply or equipment used by the personnel), or
for production, staging, public relations, marketing,
fundraising, ticket sales, or education. Funds appropriated
directly to the Board shall not affect nor diminish other
Federal funds sought for any performing arts function and may
be used to reimburse the Board for that portion of costs that
are Federal costs reasonably allocated to building services and
theater maintenance and repair.
* * * * * * *
----------
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, 2019] September 30, 2021.
* * * * * * *
----------
PUBLIC LAW 89-761
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, In order to
preserve for the educational, inspirational, and recreational
use of the public certain portions of the Indiana dunes and
other areas of scenic, scientific, and historic interest and
recreational value in the State of Indiana, the Secretary of
the Interior is authorized to establish and administer the
Indiana Dunes [National Lakeshore] National Park (hereinafter
referred to as the ``[lakeshore] Park'') in accordance with the
provisions of this Act. The [lakeshore] Park shall comprise the
area within the boundaries delineated on a map identified as
``Boundary Map, Indiana Dunes [National Lakeshore] National
Park'', dated October 1992, and numbered 626-80,039-C, which
map is on file and available for public inspection in the
office of the Director of the National Park Service, Department
of the Interior.
Sec. 2. (a) Within the boundaries of the [lakeshore] Park the
Secretary of the Interior (hereinafter referred to as the
``Secretary'') is authorized to acquire lands, waters, and
other property, or any interest therein, by donation, purchase
with donated or appropriated funds, exchange, or otherwise. The
Indiana Dunes State Park may be acquired only by donation of
the State of Indiana, and the Secretary is hereby directed to
negotiate with the State for the acquisition of said park. In
exercising his authority to acquire property by exchange for
the purposes of this Act, the Secretary may accept title to
non-Federal property located within the area described in
section 1 of this Act and convey to the grantor of such
property any federally owned property under the jurisdiction of
the Secretary which he classifies as suitable for exchange or
other disposal within the State of Indiana or Illinois.
Properties so exchanged shall be approximately equal in fair
market value, as determined by the Secretary who may, in his
discretion, base his determination on an independent appraisal
obtained by him: Provided, That the Secretary may accept cash
from or pay cash to the grantor in such an exchange in order to
equalize the values of the properties exchanged. The Secretary
is expressly authorized to acquire by donation, purchase with
donated or appropriated funds, or exchange, lands or interests
therein which are owned for school or educational purposes by a
State or a political subdivision thereof.
(b) In exercising his authority to acquire property under
subsection (a) of this section, the Secretary may enter into
contracts requiring the expenditure, when appropriated, of
funds authorized to be appropriated by section 9 of this Act,
but the liability of the United States under any such contract
shall be contingent on the appropriation of funds sufficient to
fulfill the obligations thereby incurred.
Sec. 3. As soon as practicable after the effective date of
this Act, and following the acquisition by the Secretary of an
acreage within the boundaries of the area described in section
1 of this Act which in his opinion is efficiently administrable
for the purposes of this Act, he shall establish the Indiana
Dunes [National Lakeshore] National Park by publication of
notice thereof in the Federal Register. By no later than
October 1, 1977, the Secretary shall publish in the Federal
Register a detailed description of the boundaries of the
[lakeshore] Park and shall from time to time so publish any
additional boundary changes as may occur. Following such
establishment and subject to the limitations and conditions
prescribed in section 2 hereof, the Secretary may continue to
acquire lands and interests in lands for the [lakeshore] Park.
Sec. 4. As used in this Act, the term ``improved property''
means a detached, one-family dwelling which meets each of the
following criteria:
(1) The construction of the dwelling began before the
date (shown in the table contained in this section)
corresponding to the appropriate map.
(2) The property is located within the boundaries
delineated on the map described in such table which
corresponds to such date.
(3) The property is not located within the boundaries
of any other map referred to in such table which bears
an earlier date.
The term ``appropriate map'', means a map identified as
``Boundary Map--Indiana Dunes [National Lakeshore] National
Park'' (or ``A Proposed Indiana Dunes [National Lakeshore]
National Park'' in the case of a dwelling the construction of
which was begun before January 4, 1965) which is dated and
numbered as provided in the following table.
Property within boundaries of map Construction began before
Dated October 1992, No. 626-80,039-C October 1, 1991
Dated October 1986, No. 626-80,033-B February 1, 1986
Dated December 1980, No. 626-91014 January 1, 1981
Dated September 1976, No. 626-91007 February 1, 1973
Dated September 1966, No. LNPNE-1008-ID January 4, 1965
The term ``improved property'' also includes the lands on
which the dwelling is situated which meets both of the
following criteria:
(A) The land is in the same ownership as the
dwelling.
(B) The Secretary has designated the lands as
reasonably necessary for the enjoyment of the dwelling
for the sole purpose of noncommercial residential use.
Such term also includes any structures accessory to the
dwelling which are situated on the lands so designated. The
maps referred to in this section shall be on file and available
for public inspection in the Office of the Director of the
National Park Service, Department of the Interior. The
Secretary shall designate the land referred to in subparagraph
(B). The amount of land so designated shall in every case be
not more than three acres in area, and in making such
designation the Secretary shall take into account the manner of
noncommercial residential use in which the dwelling and land
have customarily been enjoyed: Provided, That the Secretary may
exclude from the land so designated any beach or waters,
together with so much of the land adjoining such beach or
waters, as he may deem necessary for public access thereto or
public use thereof. All rights of use and occupancy shall be
subject to such terms and conditions as the Secretary deems
appropriate to assure the use of such property in accordance
with the purposes of this Act.
Sec. 5. (a)(1) Except for owners described in paragraph (2)
and owners of improved property within the area on the map
referred to in the first section of this Act, dated December
1980, and numbered 626-91014, as area II-B, any owner or owners
of record of improved property may retain a right of use and
occupancy of said improved property for noncommercial
residential purposes for a term (A) ending on his or her death
or the death of his or her spouse, whichever occurs last, or
(B) for a fixed term not to extend beyond September 30, 2010,
or such lesser term as the owner or owners may elect at the
time of acquisition by the Secretary. In the case of improved
property within the boundaries of the map dated December 1980
and numbered 626-91014 the retention of a retained right under
clause numbered (A) shall only be available to homeowners of
record as of October 1, 1980, who have attained the age of
majority as of that date and make a bona fide written offer not
later than October 1, 1985, to sell to the Secretary. Where any
such owner retains a right of use and occupancy as herein
provided, such right during its existence may be conveyed or
leased for noncommercial residential purposes. The Secretary
shall pay to the owner the fair market value of the property on
the date of such acquisition, less the fair market value on
such date of the right retained by the owner.
(2)(A) In the case of property included within the boundaries
of the [lakeshore] Park after 1980, any owner or owners of
record of improved property may retain a right of use and
occupancy for noncommercial residential purposes for a term
ending at either of the following:
(i) A fixed term not to extend beyond September 30,
2010, or such lesser fixed term as the owner or owners
may elect at the time of acquisition.
(ii) A term ending at the death of any owner or of a
spouse of any owner, whichever occurs last.
The owner shall elect the term to be reserved.
(B) The retention of rights under subparagraph (A) shall be
available only to individuals who are homeowners of record as
of July 1, 1986, who have attained the age of majority as of
that date and who make a bona fide written offer not later than
July 1, 1991, to sell to the Secretary.
(3)(A) In the case of improved property included within the
boundaries of the [lakeshore] Park after October 1, 1991, that
was not included within such boundaries on or before that date,
an individual who is an owner of record of such property may
retain a right of use and occupancy of such improved property
for noncommercial residential purposes for a term ending,
subject to subparagraph (B), at either of the following:
(i) A fixed term not to extend beyond October 1,
2020, or such lesser fixed term as the owner may elect
at the time of acquisition.
(ii) A term ending at the death of the owner or the
owner's spouse, whichever occurs later. The owner or
owners shall elect the term to be reserved.
(B) Subparagraph (A)(ii) shall apply only to improved
property owned by an individual who--
(i) was an owner of record of the property as of
October 1, 1991;
(ii) had attained the age of majority as of that
date; and
(iii) made a bona fide written offer not later than
October 1, 1997, to sell the property to the Secretary.
(b) Upon his determination that the property, or any portion
thereof, has ceased to be used in accordance with the
applicable terms and conditions, the Secretary may terminate a
right of use and occupancy. Nonpayment of property taxes,
validly assessed, on any retained right of use and occupancy
shall also be grounds for termination of such right by the
Secretary. In the event the Secretary terminates a right of use
and occupancy under this subsection he shall pay to the owners
of the retained right so terminated an amount equal to the fair
market value of the portion of said right which remained
unexpired on the date of termination. With respect to any right
of use and occupancy in existence on the effective date of this
sentence, standards for retention of such rights in effect at
the time such rights were reserved shall constitute the terms
and conditions referred to in section 4.
(c) With respect to improved properties acquired prior to the
enactment of this subsection and upon which a valid existing
right of use and occupancy has been reserved for a term of not
more than twenty years, the Secretary may, in his discretion,
extend the term of such retained right for a period of not more
than nine years upon receipt of payment prior to September 30,
1983, from the holder of the retained right. The amount of such
payment shall be equivalent to the amount discounted from the
purchase price paid by the Secretary for the identical period
of time under the terms of the original sale adjusted by a
general index adopted by the Secretary reflecting overall value
trends within Indiana Dunes [National Lakeshore] National Park
between the time of the original sale and the time of the
retained right of extension offered by this subsection.
Sec. 6. In order that the [lakeshore] Park shall be
permanently preserved in its present state, no development or
plan for the convenience of visitors shall be undertaken
therein which would be incompatible with the preservation of
the unique flora and fauna or the physiographic conditions now
prevailing or with the preservation of such historic sites and
structures as the Secretary may designate: Provided, That the
Secretary may provide for the public enjoyment and
understanding of the unique natural, historic, and scientific
features within the [lakeshore] Park by establishing such
trails, observation points, and exhibits and providing such
services as he may deem desirable for such public enjoyment and
understanding: Provided further, That the Secretary may develop
for appropriate public uses such portions of the [lakeshore]
Park as he deems especially adaptable for such uses.
Sec. 7. (a) There is hereby established an Indiana Dunes
[National Lakeshore] National Park Advisory Commission. Said
Commission shall terminate on September 30, 1985.
(b) The Commission shall be composed of thirteen members,
each appointed for a term of two years by the Secretary, as
follows: (1) one member who is a year-round resident of Porter
County to be appointed from recommendations made by the
commissioners of such county; (2) one member who is a year-
round resident of the town of Beverly Shores to be appointed
from the recommendations made by the board of trustees of such
town; (3) one member who is a year-round resident of the towns
of Porter, Dune Acres, Pines, Chesterton, Ogden Dunes, or the
village of Tremont, such member to be appointed from
recommendations made by the boards of trustees or the trustee
of the affected town or township; (4) two members who are year-
round residents of the city of Michigan City to be appointed
from recommendations made by such city; (5) two members to be
appointed from recommendations made by the Governor of the
State of Indiana; (6) one member to be designated by the
Secretary; (7) two members who are year-round residents of the
city of Gary to be appointed from recommendations made by the
mayor of such city; (8) one member to be appointed from
recommendations made by a regional planning agency established
under the authority of the laws of the State of Indiana and
composed of representatives of local and county governments in
northwestern Indiana; (9) one member who is a year-round
resident of the city of Portage to be appointed from
recommendations made by the mayor of such city; and (10) one
member who holds a reservation of use and occupancy and is a
year-round resident within the [lakeshore] Park to be
designated by the Secretary.
(c) The Secretary shall designate one member to be Chairman.
Any vacancy in the Commission shall be filled in the same
manner in which the original appointment was made
(d) A member of the Commission shall serve without
compensation as such. The Secretary is authorized to pay the
expense reasonably incurred by the Commission in carrying out
its responsibilities under this Act on vouchers signed by the
Chairman.
(e) The Secretary or his designee shall, from time to time,
consult with the Commission with respect to matters relating to
the development of the Indiana Dunes [National Lakeshore]
National Park and with respect to the provisions of sections 4,
5, and 6 of this Act.
(f) The Advisory Commission is authorized to assist with the
identification of economically and environmentally acceptable
areas, outside of the boundaries of the [lakeshore] Park, for
the handling and disposal of industrial solid wastes produced
by the coal-fired powerplant in Porter County, Indiana, section
21, township 37 north, range 6 west.
Sec. 8. Nothing in this Act shall deprive the State of
Indiana or any political subdivision thereof of its civil and
criminal jurisdiction over persons found, acts performed, and
offenses committed within the boundaries of the Indiana Dunes
[National Lakeshore] National Park or of its right to tax
persons, corporations, franchises, or other non-Federal
property on lands included therein.
Sec. 9. The Secretary may expend such sums as may be
necessary from the Land and Water Conservation Fund for
acquisition of lands and interests in lands, and not to exceed
$27,500,000 for development: Provided, That not more than
$500,000 of said amount may be appropriated for the development
of the Paul H. Douglas Environmental Education Center
authorized pursuant to section 20 of this Act. By October 1,
1979, the Secretary shall develop and transmit to the
Committees on Interior and Insular Affairs of the United States
Congress a general management plan detailing the development of
the [national lakeshore] National Park consistent with the
preservation objectives of this Act, indicating:
(1) the facilities needed to accommodate the health,
safety, and recreation needs of the visiting public;
(2) the location and estimated costs of all
facilities, together with a review of the consistency
of the master plan with State, areawide, and local
governmental development plans;
(3) the projected need for any additional facilities
within the [national lakeshore] National Park; and
(4) specific opportunities for citizen participation
in the planning and development of proposed facilities
and in the implementation of the general management
plan generally.
The Secretary shall conduct a feasibility study of establishing
United States Highway 12 as the ``Indiana Dunes Parkway'' under
the jurisdiction of the National Park Service. The Secretary
shall submit the results of such study to the Committee on
Interior and Insular Affairs of the United States House of
Representatives and the Committee on Energy and Natural
Resources of the United States Senate within two years after
October 29, 1986. Effective October 1, 1986, there is
authorized to be appropriated such sums as may be necessary for
the purposes of conducting the feasibility study.
Sec. 10. Nothing in this Act shall diminish any existing (as
of March 1, 1975) rights-of-way or easements which are
necessary for high voltage electrical transmission, pipelines,
water mains, or line haul railroad operations and maintenance.
Nothing in this Act shall be construed to diminish the existing
property rights of Northern Indiana Public Service Company (as
of October 1, 1986) with respect to--
(1) a parcel of land owned in fee by the Northern
Indiana Public Service Company and used for high
voltage electrical transmission lines, pipelines, and
utility purposes, beginning at said Company's Dune
Acres substation and extending east to said Company's
Michigan City Generating Station, which parcel by this
Act is included within the boundaries of the Indiana
Dunes [National Lakeshore] National Park and herein
designated as area II-I on National Park Service
Boundary Map No. 626-80,033-B, dated October 1986,
excluding that certain parcel of approximately 6.0
acres adjacent Mineral Springs Road in areas II-I, and
(2) land owned in fee by the Northern Indiana Public
Service Company and used for high voltage electrical
transmission lines, pipelines, and utility purposes as
has by this Act been included within the boundaries of
the Indiana Dunes [National Lakeshore] National Park
and herein designated as area II-H on said National
Park Service Boundary Map No. 626-80,033-B.
Sec. 11. (a) Nothing in this Act shall be construed as
prohibiting any otherwise legal cooling, process, or surface
drainage into the part of the Little Calumet River located
within the [lakeshore] Park: Provided, That this subsection
shall not affect nor in any way limit the Secretary's authority
and responsibility to protect park resources.
(b) The authorization of lands to be added to the [lakeshore]
Park by the Ninety-fourth Congress and the administration of
such lands as part of the [lakeshore] Park shall in and of
itself in no way operate to render more restrictive the
application of Federal, State, or local air and water pollution
standards to the uses of property outside the boundaries of the
[lakeshore] Park, nor shall it be construed to augment the
control of water and air pollution sources in the State of
Indiana beyond that required pursuant to applicable Federal,
State, or local law.
* * * * * * *
Sec. 14. Within one year after the date of the enactment of
this section, the Secretary shall submit, in writing, to the
Committees on Interior and Insular Affairs and to the
Committees on Appropriations of the United States Congress a
detailed plan which shall indicate--
(1) the lands which he has previously acquired by
purchase, donation, exchange, or transfer for
administration for the purpose of the [lakeshore] Park;
and
(2) the annual acquisition program (including the
level of funding) which he recommends for the ensuing
five fiscal years.
* * * * * * *
Sec. 18. (a) By July 1, 1977, the Secretary shall prepare and
transmit to the Committees on Interior and Insular Affairs of
the United States Congress a study of areas III-A, III-C, and
II-A, as designated on map numbered 626-91007. The Secretary
shall make reasonable provision for the timely participation of
the State of Indiana, local public officials, affected property
owners, and the general public in the formulation of said
study, including, but not limited to, the opportunity to
testify at a public hearing. The record of such hearing shall
accompany said study. With respect to areas III-A and III-C,
the study shall (a) address the desirability of acquisition of
any or all of the area from the standpoint of resource
management, protection, and public access; (b) develop
alternatives for the control of beach erosion if desirable,
including recommendations, if control is necessary, of
assessing the costs of such control against those agencies
responsible for such erosion; (c) consider and propose options
to guarantee public access to and use of the beach area,
including the location of necessary facilities for
transportation, health, and safety; (d) detail the recreational
potential of the area and all available alternatives for
achieving such potential; (e) review the environmental impact
upon the [lakeshore] Park resulting from the potential
development and improvement of said areas; and (f) assess the
cost to the United States from both the acquisition of said
areas together with the potential savings from the retention of
rights of use and occupancy and from the retention of the
boundaries of the [lakeshore] Park, as designated on map
numbered 626-91007, including the costs of additional
administrative responsibilities necessary for the management of
the [lakeshore] Park, including the maintenance of public
services in the town of Beverly Shores, Indiana. With respect
to area II-A, the Secretary shall study and report concerning
the following objectives: (a) preservation of the remaining
dunes, wetlands, native vegetation, and animal life within the
area; (b) preservation and restoration of the watersheds of
Cowles Bog and its associated wetlands; (c) appropriate public
access to and use of lands within the area; (d) protection of
the area and the adjacent [lakeshore] Park from degradation
caused by all forms of construction, pollution, or other
adverse impacts including, but not limited to, the discharge of
wastes and any excessive subsurface migration of water; and (e)
the economic consequences to the utility and its customers of
acquisition of such area.
(b)(1) The Secretary shall enter into a memorandum of
agreement with the Northern Indiana Public Service Company
(referred to as ``NIPSCO'') that shall provide for the
following with respect to the area referred to as Unit II-A on
the map described in the first section of this Act (referred to
as the ``Greenbelt''):
(A) NIPSCO shall provide the National Park Service
with access for resource management and interpretation
through the Greenbelt and across the dike for purposes
of a public hiking trail.
(B) The National Park Service shall have rights of
access for resource management and interpretation of
the Greenbelt area.
(c) NIPSCO shall preserve the Greenbelt in its
natural state. If NIPSCO utilizes the Greenbelt
temporarily for a project involving pollution
mitigation or construction on its adjacent facilities,
it shall restore the project area to its natural state.
(D) If NIPSCO proposes a different use for the
Greenbelt, NIPSCO shall notify the National Park
Service, the Committee on Energy and Natural Resources
of the Senate and the Committee on Interior and Insular
Affairs of the House of Representatives and make no
change in the use of the property until three years
after the date notice is given.
(2) If a memorandum of agreement is entered into pursuant to
paragraph (1), so long as the memorandum of agreement is in
effect and is being performed, the Secretary may not acquire
lands or interests in land in the Greenbelt belonging to
NIPSCO.
Sec. 19. After notifying the Committees on Interior and
Insular Affairs of the United States Congress, in writing, of
his intentions to do so and of the reasons therefor, the
Secretary may, if he finds that such lands would make a
significant contribution to the purposes for which the
[lakeshore] Park was established, accept title to any lands, or
interests in lands, located outside the present boundaries of
the [lakeshore] Park but contiguous thereto or to lands
acquired under this section, such lands the State of Indiana or
its political subdivisions may acquire and offer to donate to
the United States or which any private person, organization, or
public or private corporation may offer to donate to the United
States and he shall administer such lands as a part of the
[lakeshore] Park after publishing notice to that effect in the
Federal Register.
Sec. 20. (a) The Indiana Dunes [National Lakeshore] National
Park is hereby dedicated to the memory of Paul H. Douglas in
grateful recognition of his leadership in the effort to
protect, preserve, and enhance the natural, scientific,
historic, and recreational value of the [lakeshore] Park for
the use, enjoyment, and edification of present and future
generations.
(b) To further accomplish the purposes of subsection (a) of
this section, the Secretary of the Interior shall designate the
west unit of the [lakeshore] Park as the ``Paul H. Douglas
Ecological and Recreational Unit'' and shall, subject to
appropriations being granted, design and construct a suitable
structure or designate an existing structure within the
[lakeshore] Park to be known as the ``Paul H. Douglas Center
for Environmental Education'' which shall provide facilities
designed primarily to familiarize students and other visitors
with, among other things: (1) the natural history of the
[lakeshore] Park and its association with the natural history
of the Great Lakes region; (2) the evolution of human
activities in the area; and (3) the historical features which
led to the establishment of the [lakeshore] Park by the
Congress of the United States.
(c) To inform the public of the contributions of Paul H.
Douglas to the creation of the [lakeshore] Park, the Secretary
of the Interior shall provide such signs, markers, maps,
interpretive materials, literature, and programs as he deems
appropriate.
Sec. 21. (a) The Secretary in consultation with the Secretary
of Transportation, shall conduct a study of various modes of
public access into and within the [lakeshore] Park which are
consistent with the preservation of the [lakeshore] Park and
conservation of energy by encouraging the use of transportation
modes other than personal motor vehicles.
(b) In carrying out the study, the Secretary shall utilize to
the greatest extent practicable the resources and facilities of
the organizations designated as clearinghouses under title IV
of the Intergovernmental Cooperation Act of 1968 as implemented
by Office of Management and Budget Circular A-95, and which
have comprehensive planning responsibilities in the regions
where the [lakeshore] Park is located, as well as any other
agencies or organizations which the Secretary may designate.
The Secretary shall make provision for timely and substantive
consultations with the appropriate agencies of the States of
Indiana and Illinois, local elected officials, and the general
public in the formulation and implementation of the study.
(c) The study shall address the adequacy of access facilities
for members of the public who desire to visit and enjoy the
[lakeshore] Park. Consideration shall be given to alternatives
for alleviating the dependence on automobile transportation.
The study of public transportation facilities shall cover the
distance from cities of thirty-five thousand population or more
within fifty miles of the [lakeshore] Park.
(d) The study shall include proposals deemed necessary to
assure equitable visitor access and public enjoyment by all
segments of the population, including those who are physically
or economically disadvantaged. It shall provide for retention
of the natural, scenic, and historic values for which the
[lakeshore] Park was established, and shall propose plans and
alternatives for the protection and maintenance of these values
as they relate to transportation improvements.
(e) The study shall examine proposals for the renovation and
preservation of a portion of the existing South Shore Railroad
passenger car fleet. The study shall consider the historic
value of the existing rolling stock and its role in
transporting visitors into and within the [lakeshore] Park.
(f) The study shall present alternative plans to improve,
construct, and extend access roads, public transportation, and
bicycle and pedestrian trails. It shall include cost estimates
of all plans considered in this study, and shall discuss
existing and proposed sources of funding for the implementation
of the recommended plan alternatives.
(g) The study shall be completed and presented to the
Congress within two complete fiscal years from the effective
date of this provision.
(h) Effective October 1, 1981, there is hereby authorized to
be appropriated not to exceed $200,000 for this study.
Sec. 22. In exercising his authority to acquire property
under this Act, the Secretary shall give prompt and careful
consideration to any offer made by an individual owning
property within the [lakeshore] Park to sell such property, if
such individual notifies the Secretary in writing that the
continued ownership of such property is causing, or would
result in, undue hardship.
* * * * * * *
SEC. 24. LITTLE CALUMET RIVER AND BURNS/PORTAGE WATERWAY.
(a) The Secretary may enter into a cooperative agreement with
the Little Calumet River Basin Development Commission, the
State of Indiana or any political subdivision thereof for the
planning, management, and interpretation of recreational
facilities on the tract within the boundaries of Indiana Dunes
[National Lakeshore] National Park identified as tract numbered
09-177 or on lands under the jurisdiction of the State of
Indiana or political subdivision thereof along the Little
Calumet River and Burns Waterway. The cooperative agreement may
include provision for the planning of public facilities for
boating, canoeing, fishing, hiking, bicycling, and other
compatible recreational activities. Any recreational
developments on lands under the jurisdiction of the National
Park Service planned pursuant to this cooperative agreement
shall be in a manner consistent with the purposes of this Act,
including section (b).
(b) The Secretary shall conduct a study regarding the options
available for linking the portions of the [lakeshore] Park
which are divided by the Little Calumet River and Burns/Portage
Waterway so as to coordinate the management and recreational
use of the [lakeshore] Park. The Secretary shall submit the
results of the study to the Committee on Interior and Insular
Affairs of the United States House of Representatives and the
Committee on Energy and Natural Resources of the United States
Senate within two years after October 29, 1986. Effective
October 1, 1986, there is authorized to be appropriated such
sums as may be necessary for the purposes of conducting the
study.
* * * * * * *
----------
SECTION 20001 OF PUBLIC LAW 115-97
SEC. 20001. OIL AND GAS PROGRAM.
(a) Definitions.--In this section:
(1) Coastal plain.--The term ``Coastal Plain'' means
the area identified as the 1002 Area on the plates
prepared by the United States Geological Survey
entitled ``ANWR Map - Plate 1'' and ``ANWR Map - Plate
2'', dated October 24, 2017, and on file with the
United States Geological Survey and the Office of the
Solicitor of the Department of the Interior.
(2) Secretary.--The term ``Secretary'' means the
Secretary of the Interior, acting through the Bureau of
Land Management.
(b) Oil and Gas Program.--
(1) In general.--Section 1003 of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3143) shall
not apply to the Coastal Plain.
(2) Establishment.--
(A) In general.--The Secretary shall
establish and administer a competitive oil and
gas program for the leasing, development,
production, and transportation of oil and gas
in and from the Coastal Plain.
(B) Purposes.--Section 303(2)(B) of the
Alaska National Interest Lands Conservation Act
(Public Law 96-487; 94 Stat. 2390) is amended--
(i) in clause (iii), by striking
``and'' at the end;
(ii) in clause (iv), by striking the
period at the end and inserting ``;
and''; and
(iii) by adding at the end the
following:
``(v) to provide for an oil and gas
program on the Coastal Plain.''.
(3) Management.--Except as otherwise provided in this
section, the Secretary shall manage the oil and gas
program on the Coastal Plain in a manner similar to the
administration of lease sales under the Naval Petroleum
Reserves Production Act of 1976 (42 U.S.C. 6501 et
seq.) (including regulations).
(4) Royalties.--Notwithstanding the Mineral Leasing
Act (30 U.S.C. 181 et seq.), the royalty rate for
leases issued pursuant to this section shall be 16.67
percent.
(5) Receipts.--Notwithstanding the Mineral Leasing
Act (30 U.S.C. 181 et seq.), of the amount of adjusted
bonus, rental, and royalty receipts derived from the
oil and gas program and operations on Federal land
authorized under this section--
(A) [50] 47 percent shall be paid to the
State of Alaska and 3 percent shall be
deposited into the Fund established in section
6 of Public Law 92-203 to be divided and
distributed in the same manner as "revenues"
pursuant to section 7 of such Act; and
(B) the balance shall be deposited into the
Treasury as miscellaneous receipts.
(6) Use of distributions.--Notwithstanding any other
provision of law, amounts received as a distribution
under paragraph (5)(A) shall be used for the purpose of
providing for the social and economic needs of Natives
(as defined in section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602)).
(c) 2 Lease Sales Within 10 Years.--
(1) Requirement.--
(A) In general.--Subject to subparagraph (B),
the Secretary shall conduct not fewer than 2
lease sales area-wide under the oil and gas
program under this section by not later than 10
years after the date of enactment of this Act.
(B) Sale acreages; schedule.--
(i) Acreages.--The Secretary shall
offer for lease under the oil and gas
program under this section--
(I) not fewer than 400,000
acres area-wide in each lease
sale; and
(II) those areas that have
the highest potential for the
discovery of hydrocarbons.
(ii) Schedule.--The Secretary shall
offer--
(I) the initial lease sale
under the oil and gas program
under this section not later
than 4 years after the date of
enactment of this Act; and
(II) a second lease sale
under the oil and gas program
under this section not later
than 7 years after the date of
enactment of this Act.
(2) Rights-of-way.--The Secretary shall issue any
rights-of-way or easements across the Coastal Plain for
the exploration, development, production, or
transportation necessary to carry out this section.
(3) Surface development.--In administering this
section, the Secretary shall authorize up to 2,000
surface acres of Federal land on the Coastal Plain to
be covered by production and support facilities
(including airstrips and any area covered by gravel
berms or piers for support of pipelines) during the
term of the leases under the oil and gas program under
this section.
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 extending 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 certain critical Federal
agencies or programs, which require re-authorization or other
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.
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 2019 with a future phase
indicated in the National Park Service 5-year Line Item
Construction Plan.
Providing that the solicitation and contract shall contain
the availability of funds clause.
Providing that fees may be made available for the cost of
adjustments and changes within the original scope of effort for
projects funded by the Construction appropriation.
Providing that the Secretary of the Interior shall consult
with the Committees on Appropriations in accordance with
reprogramming thresholds prior to making any changes authorized
by this section.
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 granting and administering mineral
leases 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 2018.
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 granting and administering mineral
leases 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.
Permitting the use of certain excess receipts from Outer
Continental Shelf leasing activities.
Permitting the use of funds derived from non-refundable
inspection fees.
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.
Allowing that certain funds made available under title V of
Public Law 95-87 may be used for any required non-Federal share
of the cost of certain projects.
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 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 consolidated appraisal services to be
derived from the Land and Water Conservation Fund.
Designating funds for Indian land, mineral, and resource
valuation activities.
Permitting funds for Indian land, mineral, and resource
valuation activities to be transferred to and merged with the
Bureau of Indian Affairs and Bureau of Indian Education
``Operation of Indian Programs'' account and the Office of the
Special Trustee for American Indians ``Federal Trust Programs''
account.
Allowing funds to remain available until expended.
ADMINISTRATIVE PROVISIONS
Allowing certain payments authorized for the Payments in
Lieu of Taxes Program to be retained for administrative
expenses.
Providing that the amounts provided are the only amounts
available for payments authorized under chapter 69 of title 31,
United States Code.
Providing that in the event sums appropriated are
insufficient to make the full payments then the payment to each
local government shall be made proportionally.
Providing that the Secretary may make adjustments to
payment to individual units of local government to correct for
prior overpayments or underpayments.
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.
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.
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.
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.
OFFICE OF NATURAL RESOURCES REVENUE
Designating funds for mineral revenue management
activities.
Allowing certain refunds of overpayments in connection with
certain Indian leases.
PAYMENTS IN LIEU OF TAXES
Extending funding for Payments in Lieu of Taxes.
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.
Continuing a provision allowing the Bureau of Indian
Affairs and Bureau of Indian Education to more efficiently and
effectively perform reimbursable work.
Permitting the transfer of excess wild horses and burros
for work purposes.
Continuing a provision allowing the establishment of the
Department of the Interior Experienced Services Program.
Regarding proposed rules for sage-grouse pursuant to the
Endangered Species Act.
Requiring the reissuance of certain final rules and
prohibiting such rules from further judicial review.
Prohibiting the treatment of gray wolves range-wide as an
endangered or threatened species.
Prohibiting the use of funds to implement a statute that
interferes with Tribes' sovereign rights.
Extending the authority for the Secretary to accept public
and private contributions for the orderly development and
exploration of Outer Continental Shelf resources.
Prohibiting the use of funds to list in the National
Register of Historic Places property deemed crucial to national
security and military training.
Retitling the Indiana Dunes National Lakeshore and re-
designating the Paul H. Douglas Trail.
Prohibiting the use of funds to require the transfer of
groundwater rights as a condition for approving certain
permits.
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.
Limitation of funds for the Chemical Risk Review and
Reduction 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.
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.
ADMINISTRATIVE PROVISIONS
Allowing awards of grants to federally-recognized Indian
Tribes.
Authorizing the collection and obligation of pesticide
registration service fees.
Authorizing the collection and obligations of TSCA fees.
Authorizing the collection and obligations of Electronic
Manifest 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.
Providing for grants to federally recognized Tribes.
Providing amounts for competitive grants under the National
Estuary Program.
Limiting the amount of funds that may be made available for
the purchase of any individual fountain pen.
TITLE III--RELATED AGENCIES
Forest Service
OFFICE OF THE UNDER SECRETARY FOR NATURAL RESOURCES AND ENVIRONMENT
Providing funds for the office of the Under Secretary for
Natural Resources and Environment
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.
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 2019
for the road and trails fund (16 U.S.C. 501) shall be
transferred to the Treasury.
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.
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 designated for suppression shall be
assessed for cost pools.
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.
Allowing funds to be used for technical assistance for
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 reporting of unobligated balances.
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.
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 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.
Dwight D. Eisenhower Memorial Commission
SALARIES AND EXPENSES
Providing funding for the Dwight D. Eisenhower Memorial
Commission.
CAPITAL CONSTRUCTION
World War I Centennial Commission
SALARIES AND EXPENSES
Providing funding for the World War I Centennial
Commission.
Providing that the Commission may accept support from any
executive branch agency for activities of the Commission.
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 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 2019.
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.
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.
Prohibiting the use of funds to regulate the lead content
of ammunition or fishing tackle.
Extending authorities for awarding contracts for certain
activities on public lands.
Extending the authority for the Chesapeake Bay Initiative.
Extending certain authorities allowing the Forest Service
to renew grazing permits.
Prohibiting the use of funds to maintain or establish a
computer network unless such network blocks the viewing,
downloading, and exchanging of pornography.
Extending the Forest Service Facility Realignment and
Enhancement Act.
Setting requirements for the use of American iron and steel
for certain loans and grants.
Prohibiting the use of funds to destroy buildings or
structures on Midway Island recommended for inclusion in the
National Register of Historic Places.
Extending by one year the authorization for the John F.
Kennedy Center.
Allowing the Secretary of the Interior to enter into
training agreements and to transfer excess equipment and
supplies for wildfires.
Providing a one-year extension of the Federal Lands
Recreation Enhancement Act.
Addressing carbon emissions from forest biomass.
Prohibiting the use of funds to require permits for the
discharge of dredged or fill material for certain agriculture
activities.
Providing for the repeal of the Waters of the United States
rule.
Prohibiting the use of funds to issue any regulation under
the Solid Waste Disposal Act that applies to an animal feeding
operation.
Prohibiting the use of funds to limit recreational shooting
and hunting on Federal and public lands except for public
safety.
Making available vacant grazing allotments for permittees
impacted by drought or wildfire.
Making additional investments in water infrastructure
priorities and Superfund long-term cleanup remedies.
Providing authority for the Secretary of Agriculture to
hire resources assistants under certain circumstances.
Expediting completion of a project providing reliable water
supplies to Central and Southern California.
Prohibiting the use of funds to introduce grizzly bears
into certain areas in the State of Washington.
Providing authority for the Secretary of the Interior to
use sterilization in the management of wild horses and burros.
Prohibiting the use of funds to set aside any additional
forest habitat for the marbled murrelet seabird.
Exempting California water infrastructure projects from
judicial review.
Redistributing proceeds from energy production in Alaska.
Establishing a Spending Reduction Account in the bill.
Appropriations Not Authorized by Law
Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules of
the House of Representatives, the following table lists the
appropriations in the accompanying bill which are not
authorized by law:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
COMPARISON WITH BUDGET RESOLUTION
Section 308(a)(1)(A) of the Congressional Budget and
Impoundment Control Act of 1974 (Public Law 93-344), as
amended, requires that the report accompanying a bill providing
new budget authority contain a statement detailing how the
authority compares with the reports submitted under section 302
of the Act for the most recently agreed to concurrent
resolution on the budget for the fiscal year. This information
follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
FIVE-YEAR OUTLAY PROJECTIONS
In compliance with section 308(a)(1)(B) of the
Congressional Budget Act of 1974 (Public Law 93-344), as
amended, the following table contains five-year projections
associated with the budget authority provided in the
accompanying bill:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
ASSISTANCE TO STATE AND LOCAL GOVERNMENTS
In accordance with section 308(a)(1)(C) of the
Congressional Budget Act of 1974 (Public Law 93-344), as
amended, the financial assistance to State and local
governments is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
PROGRAM DUPLICATION
No provision of this bill establishes or reauthorizes a
program of the Federal government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
DIRECTED RULE MAKING
Pursuant to section 3(i) of H. Res. 5 (114th Congress), the
bill includes the following rule makings:
(1) Endangered Species Act, gray wolves, western
Great Lakes (in Section 117 of Title I)
(2) Endangered Species Act, gray wolves, range-wide
(in Section 118 of Title I).
TABLE OF FUNDING RECOMMENDATIONS
The following table provides the amounts recommended by the
Committee compared with the budget estimates by account.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
DISSENTING VIEWS
The Bipartisan Budget Act enacted early this year provided
relief from unworkable discretionary spending caps. The
agreement was supposed to provide the country with stability
following a year of shutdowns, last-minute veto threats, and
general uncertainty in government. That stability lasted long
enough for Congress to pass a bipartisan Omnibus appropriations
bill for Fiscal Year (FY) 2018, and then Republican chaos
reigned again. The President threatened to veto the bill,
unhappy with Congress' large investments in programs to help
low- and middle-income Americans and rejection of his campaign-
promised border wall.
Even after the President signed the bill, the
Administration and Republican leadership in Congress who voted
for the Bipartisan Budget Act and the Omnibus bill have
continued to attempt to undo those bipartisan agreements. The
majority passed H.R. 3, a rescission bill to undo funding and
mollify an angry President. We have been told by OMB Director
Mick Mulvaney that this is the first of many rescission
packages meant to bring spending in line with the President's
priorities, ignoring Congressional action that dismissed the
President's draconian FY 2017 and FY 2018 budget requests.
In addition to the unacceptable rescissions proposals, the
majority's lack of transparency in allocating the FY 2019
discretionary budget also endangers future bipartisan
compromise. The majority abandoned longstanding committee
practice to provide Members and the public with a budget
blueprint for domestic spending, known as 302(b) allocations.
Members were asked to vote on bills without having the full
picture on what impact each bill would have on the other bills.
The rationale for this secrecy is now obvious, because the
302(b) allocations shortchange critical domestic priorities in
favor of the President's border wall and deportation force.
This approach, which siphons away money from the Interior,
Environment and Related Agencies and the Labor, Health and
Human Services, and Education appropriations bills, among
others, means that Congress will fail to invest in efforts to
create jobs, grow our economy, keep families healthy, and
strengthen our communities.
The Interior, Environment and Related Agencies (Interior)
Appropriations bill provides $35.3 billion, which is equal to
the FY 2018 enacted level. The bill continues last year's
efforts to address the backlog of deferred maintenance on
federal lands and to invest in Indian Country. Unfortunately,
the majority targeted EPA's regulatory programs with a total
cut of $100 million while refusing to rein in the spending of
the Administrator of EPA. It is unconscionable that American
taxpayers are on the hook for an EPA Administrator's misuse of
federal dollars for lavish expenses, while they suffer the
consequences of an EPA that prioritizes the interests of
corporations over protecting American families.
Despite this bill's shortcomings in environmental
protection and resource conservation, the subcommittee
continues its bipartisan approach to addressing Native American
issues. The bill recommends an increase of $410 million over
the FY 2018 enacted level 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.
The bill also funds important Historic Preservation grant
programs. The bill provides $13 million for the Save America's
Treasures program that preserves nationally significant sites,
structures, and artifacts. Additionally, we note the bill
provides $13 million for the Civil Rights Initiative grant
program and $5 million for grants-in-aid to Historically Black
Colleges and Universities.
Finally, the bill continues funding for the National
Endowment for the Arts (NEA) and the National Endowment for the
Humanities (NEH), rejecting the Administration's proposal to
eliminate the programs. The bill further encourages NEA and NEH
to expand grant-making activities in a manner that honors the
advocacy of the late Representative Louise M. Slaughter.
We wish the positives in the bill extended beyond Native
American funding, Historic Preservation, and the arts. This
bill went to Full Committee with 14 poison pill riders that do
not belong in an appropriations bill, but instead should be
fully and transparently debated by the authorizing committees.
When Democrats attempted to strike those egregious riders,
which affect the Department of the Interior, EPA, and U.S.
Forest Service, through Ranking Member McCollum's amendment,
the Majority rejected this effort and instead added additional
policy riders that would block judicial review of California
water projects, limit Clean Water Act Section 401 Authorities,
and jeopardize imperiled species such as grizzly bears, marbled
murrelet, and bi-state Sage Grouse.
The Minority made multiple attempts to include commonsense
oversight reforms in the bill, but the Majority strongly
resisted any effort to rein in waste and abuse by the Trump
Administration, most visibly the ethical lapses and
unrestrained spending by the EPA Administrator. Representative
Quigley offered an amendment that would have required EPA to
publicly post the travel costs of the Administrator and Deputy
Administrator within 10 days of completion of each trip, and
Representative Pocan offered an amendment that would have
provided EPA's Office of Inspector General with an additional
$12 million above the Chairman's mark to fully fund the request
IG Elkins made to the White House.
EPA Administrator Scott Pruitt is the subject of at least
16 federal investigations, many of which are being conducted by
the EPA IG. The investigations into Administrator Pruitt's
ethical lapses and reckless spending must be able to reach
their conclusions without delays because of a lack of funds.
Providing the IG with the necessary resources to carry out
critical work should be bipartisan, yet Republicans refused to
stray from party lines and voted down these sensible attempts
to ensure responsible expenditure of taxpayer dollars.
We are frustrated that other good government amendments to
protect the American taxpayer also failed. It is reasonable to
request the Department of the Interior provide a blueprint and
cost-benefit analysis to the Committee before embarking on a
massive reorganization. We are extremely disappointed by the
party-line defeat of Ranking Member McCollum's amendment, which
would have withheld funds for the reorganization until those
analyses were provided.
Under Secretary Zinke's leadership, the Department of the
Interior has failed to obligate funds in a timely manner. We
have heard numerous examples of the Department withholding
funds while unelected officials decide how to implement
programs for which Congress has already given direction. In
February, Congress appropriated $516 million to Interior for
recovery from Hurricanes Harvey, Irma, and Maria. As of the
week of May 14th, only $3 million was obligated, which means
the Department had withheld $513 million. This is unacceptable
when hurricane season begins this month. Most recently, the
Department withheld the FY 2018 spend plans for its nine
Bureaus until intense Congressional pressure spurred it into
moving the funds. These bureaucratic delays have real
consequences, such as nearly closing several National Heritage
Areas.
To address this problem, Representative Pingree offered an
amendment that would have ensured the process for allocating
funding provided by Congress occur no later than 60 days after
enactment. Representative Pingree withdrew the amendment at the
request of Chairman Calvert; however, we note the strong
bipartisan support for the amendment by senior Republican
members of the Committee. This is not a Republican or
Democratic problem, but one that impacts all of our
constituents. We will remain vigilant in pursuing measures to
push this administration to follow congressional direction and
allocate funding in a timely manner.
The Interior bill has the potential to make a global
difference in the quality of life for generations to come. Yet
this bill is a mirror of the Trump Administration's actions
toward the environment. This White House and Republican
Congress have exited the global stage and yielded America's
global leadership on the environment. The Republican majority
has forgotten that President Reagan signed the Montreal
Protocol treaty to address the rapidly vanishing Ozone layer.
He trusted scientific research and understood the imperative
for America to be an international leader when he said:
``The Montreal protocol is a model of cooperation. It
is a product of the recognition and international
consensus that ozone depletion is a global problem,
both in terms of its causes and its effects. The
protocol is the result of an extraordinary process of
scientific study, negotiations among representatives of
the business and environmental communities, and
international diplomacy. It is a monumental
achievement.''
This Administration and this bill depart from scientific
basis for decisions and instead prioritize the economic
interest of a few over the health and well-being of Americans
and our global neighbors.
In its current form, this bill fails the American people by
cutting environmental protection; shredding safeguards that
protect our air, water, and endangered species; and allowing
rampant corruption in the Executive Branch to go unchecked.
Given these shortcomings, we cannot support this bill in its
current form. 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.
