II 

117TH CONGRESS 

2D SESSION S. 4686 

Making appropriations for the Department of the Interior, environment, and 

related agencies for the fiscal year ending September 30, 2023, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 28, 2022 

Mr. MERKLEY introduced the following bill; which was read twice and referred 

to the Committee on Appropriations 

A BILL 

Making appropriations for the Department of the Interior, 

environment, and related agencies for the fiscal year 

ending September 30, 2023, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Department of the Interior, environment, and related 

6 agencies for the fiscal year ending September 30, 2023, 

7 and for other purposes, namely: 


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1 TITLE I 

2 DEPARTMENT OF THE INTERIOR 

3 BUREAU OF LAND MANAGEMENT

4 MANAGEMENT OF LANDS AND RESOURCES

5 For necessary expenses for protection, use, improve6 ment, development, disposal, cadastral surveying, classi7 fication, acquisition of easements and other interests in 

8 lands, and performance of other functions, including main9 tenance of facilities, as authorized by law, in the manage10 ment of lands and their resources under the jurisdiction 

11 of the Bureau of Land Management, including the general 

12 administration of the Bureau, and assessment of mineral 

13 potential of public lands pursuant to section 1010(a) of 

14 Public Law 96–487 (16 U.S.C. 3150(a)), $1,402,993,000, 

15 to remain available until September 30, 2024; of which 

16 $76,355,000 for annual maintenance and deferred mainte17 nance programs and $156,600,000 for the wild horse and 

18 burro program, as authorized by Public Law 92–195 (16 

19 U.S.C. 1331 et seq.), shall remain available until ex20 pended: Provided, That amounts in the fee account of the 

21 BLM Permit Processing Improvement Fund may be used 

22 for any bureau-related expenses associated with the proc23 essing of oil and gas applications for permits to drill and 

24 related use of authorizations: Provided further, That of the 

25 amounts made available under this heading, up to 


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1 $1,000,000 may be made available for the purposes de2 scribed in section 122(e)(1)(A) of division G of Public Law 

3 115–21 (43 U.S.C. 1748e(e)(1)(A)): Provided further, 

4 That of the amounts made available under this heading, 

5 $3,500,000 is for projects specified for Land Management 

6 Priorities in the table titled ‘‘Congressionally Directed 

7 Spending Items’’ included in the explanatory statement 

8 accompanying this Act. 

9 In addition, $51,000,000, to remain available until 

10 expended, is for conducting oil and gas inspection activi11 ties, to be reduced by amounts collected by the Bureau 

12 and credited to this appropriation from onshore oil and 

13 gas inspection fees that the Bureau shall collect, as pro14 vided for in this Act; and $39,696,000 is for Mining Law 

15 Administration program operations, including the cost of 

16 administering the mining claim fee program, to remain 

17 available until expended, to be reduced by amounts col18 lected by the Bureau and credited to this appropriation 

19 from mining claim maintenance fees and location fees that 

20 are hereby authorized for fiscal year 2023, so as to result 

21 in a final appropriation estimated at not more than 

22 $1,402,993,000, and $2,000,000, to remain available until 

23 expended, from communication site rental fees established 

24 by the Bureau for the cost of administering communica25 tion site activities. 


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1 OREGON AND CALIFORNIA GRANT LANDS

2 For expenses necessary for management, protection, 

3 and development of resources and for construction, oper4 ation, and maintenance of access roads, reforestation, and 

5 other improvements on the revested Oregon and California 

6 Railroad grant lands, on other Federal lands in the Or7 egon and California land-grant counties of Oregon, and 

8 on adjacent rights-of-way; and acquisition of lands or in9 terests therein, including existing connecting roads on or 

10 adjacent to such grant lands; $128,696,000, to remain 

11 available until expended: Provided, That 25 percent of the 

12 aggregate of all receipts during the current fiscal year 

13 from the revested Oregon and California Railroad grant 

14 lands is hereby made a charge against the Oregon and 

15 California land-grant fund and shall be transferred to the 

16 General Fund in the Treasury in accordance with the sec17 ond paragraph of subsection (b) of title II of the Act of 

18 August 28, 1937 (43 U.S.C. 2605). 

19 RANGE IMPROVEMENTS

20 For rehabilitation, protection, and acquisition of 

21 lands and interests therein, and improvement of Federal 

22 rangelands pursuant to section 401 of the Federal Land 

23 Policy and Management Act of 1976 (43 U.S.C. 1751), 

24 notwithstanding any other Act, sums equal to 50 percent 

25 of all moneys received during the prior fiscal year under 


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1 sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 

2 315b, 315m) and the amount designated for range im3 provements from grazing fees and mineral leasing receipts 

4 from Bankhead-Jones lands transferred to the Depart5 ment of the Interior pursuant to law, but not less than 

6 $10,000,000, to remain available until expended: Pro7 vided, That not to exceed $600,000 shall be available for 

8 administrative expenses. 

9 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

10 For administrative expenses and other costs related 

11 to processing application documents and other authoriza12 tions for use and disposal of public lands and resources, 

13 for costs of providing copies of official public land docu14 ments, for monitoring construction, operation, and termi15 nation of facilities in conjunction with use authorizations, 

16 and for rehabilitation of damaged property, such amounts 

17 as may be collected under Public Law 94–579 (43 U.S.C. 

18 1701 et seq.), and under section 28 of the Mineral Leasing 

19 Act (30 U.S.C. 185), to remain available until expended: 

20 Provided, That notwithstanding any provision to the con21 trary of section 305(a) of Public Law 94–579 (43 U.S.C. 

22 1735(a)), any moneys that have been or will be received 

23 pursuant to that section, whether as a result of forfeiture, 

24 compromise, or settlement, if not appropriate for refund 

25 pursuant to section 305(c) of that Act (43 U.S.C. 


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1 1735(c)), shall be available and may be expended under 

2 the authority of this Act by the Secretary of the Interior 

3 to improve, protect, or rehabilitate any public lands ad4 ministered through the Bureau of Land Management 

5 which have been damaged by the action of a resource de6 veloper, purchaser, permittee, or any unauthorized person, 

7 without regard to whether all moneys collected from each 

8 such action are used on the exact lands damaged which 

9 led to the action: Provided further, That any such moneys 

10 that are in excess of amounts needed to repair damage 

11 to the exact land for which funds were collected may be 

12 used to repair other damaged public lands. 

13 MISCELLANEOUS TRUST FUNDS

14 In addition to amounts authorized to be expended 

15 under existing laws, there is hereby appropriated such 

16 amounts as may be contributed under section 307 of Pub17 lic Law 94–579 (43 U.S.C. 1737), and such amounts as 

18 may be advanced for administrative costs, surveys, ap19 praisals, and costs of making conveyances of omitted lands 

20 under section 211(b) of that Act (43 U.S.C. 1721(b)), to 

21 remain available until expended. 

22 ADMINISTRATIVE PROVISIONS

23 The Bureau of Land Management may carry out the 

24 operations funded under this Act by direct expenditure, 

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1 able agreements with public and private entities, including 

2 with States. Appropriations for the Bureau shall be avail3 able for purchase, erection, and dismantlement of tem4 porary structures, and alteration and maintenance of nec5 essary buildings and appurtenant facilities to which the 

6 United States has title; up to $100,000 for payments, at 

7 the discretion of the Secretary, for information or evidence 

8 concerning violations of laws administered by the Bureau; 

9 miscellaneous and emergency expenses of enforcement ac10 tivities authorized or approved by the Secretary and to be 

11 accounted for solely on the Secretary’s certificate, not to 

12 exceed $10,000: Provided, That notwithstanding Public 

13 Law 90–620 (44 U.S.C. 501), the Bureau may, under co14 operative cost-sharing and partnership arrangements au15 thorized by law, procure printing services from cooperators 

16 in connection with jointly produced publications for which 

17 the cooperators share the cost of printing either in cash 

18 or in services, and the Bureau determines the cooperator 

19 is capable of meeting accepted quality standards: Provided 

20 further, That projects to be funded pursuant to a written 

21 commitment by a State government to provide an identi22 fied amount of money in support of the project may be 

23 carried out by the Bureau on a reimbursable basis. 


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1 UNITED STATES FISH AND WILDLIFE SERVICE

2 RESOURCE MANAGEMENT

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses of the United States Fish and 

5 Wildlife Service, as authorized by law, and for scientific 

6 and economic studies, general administration, and for the 

7 performance of other authorized functions related to such 

8 resources, $1,602,847,000, to remain available until Sep9 tember 30, 2024: Provided, That not to exceed 

10 $25,946,000 shall be used for implementing subsections 

11 (a), (b), (c), and (e) of section 4 of the Endangered Spe12 cies Act of 1973 (16 U.S.C. 1533) (except for processing 

13 petitions, developing and issuing proposed and final regu14 lations, and taking any other steps to implement actions 

15 described in subsection (c)(2)(A), (c)(2)(B)(i), or 

16 (c)(2)(B)(ii)): Provided further, That of the amount appro17 priated under this heading, $25,641,000, to remain avail18 able until September 30, 2025, shall be for projects speci19 fied for Stewardship Priorities in the table titled ‘‘Con20 gressionally Directed Spending Items’’ included in the ex21 planatory statement accompanying this Act: Provided fur22 ther, That amounts in the preceding proviso may be trans23 ferred to the appropriate program, project, or activity 

24 under this heading and shall continue to only be available 


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1 for the purposes and in such amounts as such funds were 

2 originally appropriated. 

3 CONSTRUCTION

4 For construction, improvement, acquisition, or re5 moval of buildings and other facilities required in the con6 servation, management, investigation, protection, and uti7 lization of fish and wildlife resources, and the acquisition 

8 of lands and interests therein; $46,418,000, to remain 

9 available until expended: Provided, That such amounts are 

10 available for the modernization of field communication ca11 pabilities, in addition to amounts otherwise made available 

12 for such purpose. 

13 COOPERATIVE ENDANGERED SPECIES CONSERVATION

14 FUND

15 For expenses necessary to carry out section 6 of the 

16 Endangered Species Act of 1973 (16 U.S.C. 1535), 

17 $24,064,000, to remain available until expended, to be de18 rived from the Cooperative Endangered Species Conserva19 tion Fund. 

20 NATIONAL WILDLIFE REFUGE FUND

21 For expenses necessary to implement the Act of Octo22 ber 17, 1978 (16 U.S.C. 715s), $13,228,000. 

23 NORTH AMERICAN WETLANDS CONSERVATION FUND

24 For expenses necessary to carry out the provisions 

25 of the North American Wetlands Conservation Act (16 


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1 U.S.C. 4401 et seq.), $48,500,000, to remain available 

2 until expended. 

3 NEOTROPICAL MIGRATORY BIRD CONSERVATION

4 For expenses necessary to carry out the Neotropical 

5 Migratory Bird Conservation Act (16 U.S.C. 6101 et 

6 seq.), $5,500,000, to remain available until expended. 

7 MULTINATIONAL SPECIES CONSERVATION FUND

8 For expenses necessary to carry out the African Ele9 phant Conservation Act (16 U.S.C. 4201 et seq.), the 

10 Asian Elephant Conservation Act of 1997 (16 U.S.C. 

11 4261 et seq.), the Rhinoceros and Tiger Conservation Act 

12 of 1994 (16 U.S.C. 5301 et seq.), the Great Ape Con13 servation Act of 2000 (16 U.S.C. 6301 et seq.), and the 

14 Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601 

15 et seq.), $20,000,000, to remain available until expended. 

16 STATE AND TRIBAL WILDLIFE GRANTS

17 For wildlife conservation grants to States and to the 

18 District of Columbia, Puerto Rico, Guam, the United 

19 States Virgin Islands, the Northern Mariana Islands, 

20 American Samoa, and Indian Tribes under the provisions 

21 of the Fish and Wildlife Act of 1956 and the Fish and 

22 Wildlife Coordination Act, for the development and imple23 mentation of programs for the benefit of wildlife and their 

24 habitat, including species that are not hunted or fished, 

25 $76,500,000, to remain available until expended: ProVerDate Sep 11 2014 00:04 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4686.IS S4686

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1 vided, That of the amount provided herein, $7,000,000 is 

2 for a competitive grant program for Indian Tribes not sub3 ject to the remaining provisions of this appropriation: Pro4 vided further, That $8,500,000 is for a competitive grant 

5 program to implement approved plans for States, terri6 tories, and other jurisdictions and at the discretion of af7 fected States, the regional Associations of fish and wildlife 

8 agencies, not subject to the remaining provisions of this 

9 appropriation: Provided further, That the Secretary shall, 

10 after deducting $15,500,000 and administrative expenses, 

11 apportion the amount provided herein in the following 

12 manner: (1) to the District of Columbia and to the Com13 monwealth of Puerto Rico, each a sum equal to not more 

14 than one-half of 1 percent thereof; and (2) to Guam, 

15 American Samoa, the United States Virgin Islands, and 

16 the Commonwealth of the Northern Mariana Islands, each 

17 a sum equal to not more than one-fourth of 1 percent 

18 thereof: Provided further, That the Secretary of the Inte19 rior shall apportion the remaining amount in the following 

20 manner: (1) one-third of which is based on the ratio to 

21 which the land area of such State bears to the total land 

22 area of all such States; and (2) two-thirds of which is 

23 based on the ratio to which the population of such State 

24 bears to the total population of all such States: Provided 

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1 graph shall be adjusted equitably so that no State shall 

2 be apportioned a sum which is less than 1 percent of the 

3 amount available for apportionment under this paragraph 

4 for any fiscal year or more than 5 percent of such amount: 

5 Provided further, That the Federal share of planning 

6 grants shall not exceed 75 percent of the total costs of 

7 such projects and the Federal share of implementation 

8 grants shall not exceed 65 percent of the total costs of 

9 such projects: Provided further, That the non-Federal 

10 share of such projects may not be derived from Federal 

11 grant programs: Provided further, That any amount ap12 portioned in 2023 to any State, territory, or other jurisdic13 tion that remains unobligated as of September 30, 2024, 

14 shall be reapportioned, together with funds appropriated 

15 in 2025, in the manner provided herein. 

16 ADMINISTRATIVE PROVISIONS

17 The United States Fish and Wildlife Service may 

18 carry out the operations of Service programs by direct ex19 penditure, contracts, grants, cooperative agreements and 

20 reimbursable agreements with public and private entities. 

21 Appropriations and funds available to the United States 

22 Fish and Wildlife Service shall be available for repair of 

23 damage to public roads within and adjacent to reservation 

24 areas caused by operations of the Service; options for the 

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1 tion; facilities incident to such public recreational uses on 

2 conservation areas as are consistent with their primary 

3 purpose; and the maintenance and improvement of aquar4 ia, buildings, and other facilities under the jurisdiction of 

5 the Service and to which the United States has title, and 

6 which are used pursuant to law in connection with man7 agement, and investigation of fish and wildlife resources: 

8 Provided, That notwithstanding 44 U.S.C. 501, the Serv9 ice may, under cooperative cost sharing and partnership 

10 arrangements authorized by law, procure printing services 

11 from cooperators in connection with jointly produced pub12 lications for which the cooperators share at least one-half 

13 the cost of printing either in cash or services and the Serv14 ice determines the cooperator is capable of meeting accept15 ed quality standards: Provided further, That the Service 

16 may accept donated aircraft as replacements for existing 

17 aircraft: Provided further, That the Secretary may recover 

18 costs for response, assessment, and damages to National 

19 Wildlife Refuge System resources from the actions of pri20 vate parties, or for costs as otherwise provided by Federal, 

21 State, or local law, regulation, or court order as a result 

22 of the destruction, loss of, or injury to any living or non23 living National Wildlife Refuge System resource: Provided 

24 further, That the damages described in the preceding pro25 viso shall include the following: compensation for the cost 


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1 of replacing, restoring or acquiring the equivalent of the 

2 damaged National Wildlife Refuge System resource; and 

3 either the value of any significant loss of use of a National 

4 Wildlife Refuge System resource pending its restoration, 

5 replacement or acquisition of an equivalent resource or the 

6 value of the National Wildlife Refuge System resource in 

7 the event the resource cannot be replaced, restored or an 

8 equivalent acquired: Provided further, That any instru9 mentality, including but not limited to a vessel, vehicle, 

10 aircraft, or other equipment or mechanism that destroys, 

11 causes the loss of, or injures any living or non-living Na12 tional Wildlife Refuge System resource or which causes 

13 the Secretary to undertake actions to prevent, minimize, 

14 or abate destruction, loss of, injury, or risk to such re15 source shall be liable in rem to the United States for re16 sponse costs and damages resulting from such destruction, 

17 loss, injury, or risk to the same extent as a person is liable: 

18 Provided further, That in addition to any other authority 

19 to accept donations, the Secretary may accept donations 

20 of money or services to meet expected, immediate, or ongo21 ing response costs and damages; response and assessment 

22 costs and damages recovered by the Secretary and dona23 tions received under this provision shall be available to the 

24 Secretary, without further appropriation, and shall remain 

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1 ducted, or for restoration and replacement of National 

2 Wildlife Refuge System resources, and shall be managed 

3 under the Natural Resource Damage Assessment and Res4 toration Fund as per 43 U.S.C. 1474b–1: Provided fur5 ther, That notwithstanding 31 U.S.C. 3302, all fees col6 lected for non-toxic shot review and approval shall be de7 posited under the heading ‘‘United States Fish and Wild8 life Service—Resource Management’’ and shall be avail9 able to the Secretary, without further appropriation, to be 

10 used for expenses of processing of such non-toxic shot type 

11 or coating applications and revising regulations as nec12 essary, and shall remain available until expended: Pro13 vided further, That the second proviso under the heading 

14 ‘‘United States Fish and Wildlife Service—Resource Man15 agement’’ in title I of division E of Public Law 112–74 

16 (16 U.S.C. 742l–1) is amended by striking ‘‘2012’’ and 

17 inserting ‘‘2023’’ and striking ‘‘$400,000’’ and inserting 

18 ‘‘$750,000’’. 

19 NATIONAL PARK SERVICE

20 OPERATION OF THE NATIONAL PARK SYSTEM

21 For expenses necessary for the management, oper22 ation, and maintenance of areas and facilities adminis23 tered by the National Park Service and for the general 

24 administration of the National Park Service, 

25 $3,044,235,000, of which $11,661,000 for planning and 


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1 interagency coordination in support of Everglades restora2 tion and $135,980,000 for maintenance, repair, or reha3 bilitation projects for constructed assets and 

4 $188,184,000 for cyclic maintenance projects for con5 structed assets and cultural resources and $5,000,000 for 

6 uses authorized by section 101122 of title 54, United 

7 States Code shall remain available until September 30, 

8 2024: Provided, That funds appropriated under this head9 ing in this Act are available for the purposes of section 

10 5 of Public Law 95–348: Provided further, That notwith11 standing section 9 of the 400 Years of African-American 

12 History Commission Act (36 U.S.C. note prec. 101; Public 

13 Law 115–102), $3,300,000 of the funds provided under 

14 this heading shall be made available for the purposes spec15 ified by that Act: Provided further, That sections (7)(b) 

16 and (8) of that Act shall be amended by striking ‘‘July 

17 1, 2023’’ and inserting ‘‘July 1, 2024’’. 

18 In addition, for purposes described in section 2404 

19 of Public Law 116–9, an amount equal to the amount de20 posited in this fiscal year into the National Park Medical 

21 Services Fund established pursuant to such section of 

22 such Act, to remain available until expended, shall be de23 rived from such Fund. 


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1 NATIONAL RECREATION AND PRESERVATION

2 For expenses necessary to carry out recreation pro3 grams, natural programs, cultural programs, heritage 

4 partnership programs, environmental compliance and re5 view, international park affairs, and grant administration, 

6 not otherwise provided for, $85,428,000, to remain avail7 able until September 30, 2024, of which $2,919,000 shall 

8 be for projects specified for Statutory and Contractual Aid 

9 in the table titled ‘‘Congressionally Directed Spending 

10 Items’’ included in the explanatory statement accom11 panying this Act. 

12 HISTORIC PRESERVATION FUND

13 For expenses necessary in carrying out the National 

14 Historic Preservation Act (division A of subtitle III of title 

15 54, United States Code), $191,904,000, to be derived 

16 from the Historic Preservation Fund and to remain avail17 able until September 30, 2024, of which $26,500,000 shall 

18 be for Save America’s Treasures grants for preservation 

19 of nationally significant sites, structures and artifacts as 

20 authorized by section 7303 of the Omnibus Public Land 

21 Management Act of 2009 (54 U.S.C. 3089): Provided, 

22 That an individual Save America’s Treasures grant shall 

23 be matched by non-Federal funds: Provided further, That 

24 individual projects shall only be eligible for one grant: Pro25 vided further, That all projects to be funded shall be apVerDate Sep 11 2014 00:04 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S4686.IS S4686

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1 proved by the Secretary of the Interior in consultation 

2 with the House and Senate Committees on Appropria3 tions: Provided further, That of the funds provided for the 

4 Historic Preservation Fund, $1,250,000 is for competitive 

5 grants for the survey and nomination of properties to the 

6 National Register of Historic Places and as National His7 toric Landmarks associated with communities currently 

8 under-represented, as determined by the Secretary; 

9 $29,000,000 is for competitive grants to preserve the sites 

10 and stories of the Civil Rights movement; $11,000,000 is 

11 for grants to Historically Black Colleges and Universities; 

12 $12,500,000 is for competitive grants for the restoration 

13 of historic properties of national, State, and local signifi14 cance listed on or eligible for inclusion on the National 

15 Register of Historic Places, to be made without imposing 

16 the usage or direct grant restrictions of section 101(e)(3) 

17 (54 U.S.C. 302904) of the National Historical Preserva18 tion Act; $10,000,000 is for a competitive grant program 

19 to honor the semiquincentennial anniversary of the United 

20 States by restoring and preserving state-owned sites and 

21 structures listed on the National Register of Historic 

22 Places that commemorate the founding of the nation; and 

23 $19,654,000 is for projects specified for the Historic Pres24 ervation Fund in the table titled ‘‘Congressionally Di25 rected Spending Items’’ included in the explanatory stateVerDate Sep 11 2014 00:04 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S4686.IS S4686

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1 ment accompanying this Act: Provided further, That such 

2 competitive grants shall be made without imposing the 

3 matching requirements in section 302902(b)(3) of title 54, 

4 United States Code to States and Indian Tribes as defined 

5 in chapter 3003 of such title, Native Hawaiian organiza6 tions, local governments, including Certified Local Govern7 ments, and non-profit organizations. 

8 CONSTRUCTION

9 For construction, improvements, repair, or replace10 ment of physical facilities, and related equipment, and 

11 compliance and planning for programs and areas adminis12 tered by the National Park Service, $241,229,000, to re13 main available until expended: Provided, That notwith14 standing any other provision of law, for any project ini15 tially funded in fiscal year 2023 with a future phase indi16 cated in the National Park Service 5-Year Line Item Con17 struction Plan, a single procurement may be issued which 

18 includes the full scope of the project: Provided further, 

19 That the solicitation and contract shall contain the clause 

20 availability of funds found at 48 CFR 52.232–18: Pro21 vided further, That National Park Service Donations, 

22 Park Concessions Franchise Fees, and Recreation Fees 

23 may be made available for the cost of adjustments and 

24 changes within the original scope of effort for projects 

25 funded by the National Park Service Construction approVerDate Sep 11 2014 00:04 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S4686.IS S4686

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1 priation: Provided further, That the Secretary of the Inte2 rior shall consult with the Committees on Appropriations, 

3 in accordance with current reprogramming thresholds, 

4 prior to making any charges authorized by this section. 

5 CENTENNIAL CHALLENGE

6 For expenses necessary to carry out the provisions 

7 of section 101701 of title 54, United States Code, relating 

8 to challenge cost share agreements, $15,000,000, to re9 main available until expended, for Centennial Challenge 

10 projects and programs: Provided, That not less than 50 

11 percent of the total cost of each project or program shall 

12 be derived from non-Federal sources in the form of do13 nated cash, assets, or a pledge of donation guaranteed by 

14 an irrevocable letter of credit. 

15 ADMINISTRATIVE PROVISIONS

16 (INCLUDING TRANSFER OF FUNDS)

17 In addition to other uses set forth in section 

18 101917(c)(2) of title 54, United States Code, franchise 

19 fees credited to a sub-account shall be available for ex20 penditure by the Secretary, without further appropriation, 

21 for use at any unit within the National Park System to 

22 extinguish or reduce liability for Possessory Interest or 

23 leasehold surrender interest. Such funds may only be used 

24 for this purpose to the extent that the benefitting unit an25 ticipated franchise fee receipts over the term of the conVerDate Sep 11 2014 00:04 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S4686.IS S4686

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1 tract at that unit exceed the amount of funds used to ex2 tinguish or reduce liability. Franchise fees at the benefit3 ting unit shall be credited to the sub-account of the origi4 nating unit over a period not to exceed the term of a single 

5 contract at the benefitting unit, in the amount of funds 

6 so expended to extinguish or reduce liability. 

7 For the costs of administration of the Land and 

8 Water Conservation Fund grants authorized by section 

9 105(a)(2)(B) of the Gulf of Mexico Energy Security Act 

10 of 2006 (Public Law 109–432), the National Park Service 

11 may retain up to 3 percent of the amounts which are au12 thorized to be disbursed under such section, such retained 

13 amounts to remain available until expended. 

14 National Park Service funds may be transferred to 

15 the Federal Highway Administration (FHWA), Depart16 ment of Transportation, for purposes authorized under 23 

17 U.S.C. 203. Transfers may include a reasonable amount 

18 for FHWA administrative support costs. 

19 UNITED STATES GEOLOGICAL SURVEY

20 SURVEYS, INVESTIGATIONS, AND RESEARCH

21 (INCLUDING TRANSFER OF FUNDS)

22 For expenses necessary for the United States Geo23 logical Survey to perform surveys, investigations, and re24 search covering topography, geology, hydrology, biology, 

25 and the mineral and water resources of the United States, 


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1 its territories and possessions, and other areas as author2 ized by 43 U.S.C. 31, 1332, and 1340; classify lands as 

3 to their mineral and water resources; give engineering su4 pervision to power permittees and Federal Energy Regu5 latory Commission licensees; administer the minerals ex6 ploration program (30 U.S.C. 641); conduct inquiries into 

7 the economic conditions affecting mining and materials 

8 processing industries (30 U.S.C. 3, 21a, and 1603; 50 

9 U.S.C. 98g(a)(1)) and related purposes as authorized by 

10 law; and to publish and disseminate data relative to the 

11 foregoing activities; $1,519,289,000, to remain available 

12 until September 30, 2024; of which $92,274,000 shall re13 main available until expended for satellite operations; and 

14 of which $74,840,000 shall be available until expended for 

15 deferred maintenance and capital improvement projects 

16 that exceed $100,000 in cost: Provided, That none of the 

17 funds provided for the ecosystem research activity shall 

18 be used to conduct new surveys on private property, unless 

19 specifically authorized in writing by the property owner: 

20 Provided further, That no part of this appropriation shall 

21 be used to pay more than one-half the cost of topographic 

22 mapping or water resources data collection and investiga23 tions carried on in cooperation with States and municipali24 ties: Provided further, That of the amount appropriated 

25 under this heading, $2,130,000 shall be for projects speciVerDate Sep 11 2014 00:04 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S4686.IS S4686

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1 fied for Special Initiatives in the table titled ‘‘Congression2 ally Directed Spending Items’’ included in the explanatory 

3 statement accompanying this Act: Provided further, That 

4 amounts in the preceding proviso may be transferred to 

5 the appropriate program, project, or activity under this 

6 heading and shall continue to only be available for the pur7 poses and in such amounts as such funds were originally 

8 appropriated. 

9 ADMINISTRATIVE PROVISIONS

10 From within the amount appropriated for activities 

11 of the United States Geological Survey such sums as are 

12 necessary shall be available for contracting for the fur13 nishing of topographic maps and for the making of geo14 physical or other specialized surveys when it is administra15 tively determined that such procedures are in the public 

16 interest; construction and maintenance of necessary build17 ings and appurtenant facilities; acquisition of lands for 

18 gauging stations, observation wells, and seismic equip19 ment; expenses of the United States National Committee 

20 for Geological Sciences; and payment of compensation and 

21 expenses of persons employed by the Survey duly ap22 pointed to represent the United States in the negotiation 

23 and administration of interstate compacts: Provided, That 

24 activities funded by appropriations herein made may be 

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1 operative agreements as defined in section 6302 of title 

2 31, United States Code: Provided further, That the United 

3 States Geological Survey may enter into contracts or coop4 erative agreements directly with individuals or indirectly 

5 with institutions or nonprofit organizations, without re6 gard to 41 U.S.C. 6101, for the temporary or intermittent 

7 services of students or recent graduates, who shall be con8 sidered employees for the purpose of chapters 57 and 81 

9 of title 5, United States Code, relating to compensation 

10 for travel and work injuries, and chapter 171 of title 28, 

11 United States Code, relating to tort claims, but shall not 

12 be considered to be Federal employees for any other pur13 poses. 

14 BUREAU OF OCEAN ENERGY MANAGEMENT

15 OCEAN ENERGY MANAGEMENT

16 For expenses necessary for granting and admin17 istering leases, easements, rights-of-way, and agreements 

18 for use for oil and gas, other minerals, energy, and ma19 rine-related purposes on the Outer Continental Shelf and 

20 approving operations related thereto, as authorized by law; 

21 for environmental studies, as authorized by law; for imple22 menting other laws and to the extent provided by Presi23 dential or Secretarial delegation; and for matching grants 

24 or cooperative agreements, $232,550,000, of which 

25 $195,550,000 is to remain available until September 30, 


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1 2024, and of which $37,000,000 is to remain available 

2 until expended: Provided, That this total appropriation 

3 shall be reduced by amounts collected by the Secretary of 

4 the Interior and credited to this appropriation from addi5 tions to receipts resulting from increases to lease rental 

6 rates in effect on August 5, 1993, and from cost recovery 

7 fees from activities conducted by the Bureau of Ocean En8 ergy Management pursuant to the Outer Continental Shelf 

9 Lands Act, including studies, assessments, analysis, and 

10 miscellaneous administrative activities: Provided further, 

11 That the sum herein appropriated shall be reduced as such 

12 collections are received during the fiscal year, so as to re13 sult in a final fiscal year 2023 appropriation estimated 

14 at not more than $195,550,000: Provided further, That 

15 not to exceed $3,000 shall be available for reasonable ex16 penses related to promoting volunteer beach and marine 

17 cleanup activities. 

18 BUREAU OF SAFETY AND ENVIRONMENTAL

19 ENFORCEMENT

20 OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT

21 For expenses necessary for the regulation of oper22 ations related to leases, easements, rights-of-way, and 

23 agreements for use for oil and gas, other minerals, energy, 

24 and marine-related purposes on the Outer Continental 

25 Shelf, as authorized by law; for enforcing and impleVerDate Sep 11 2014 00:04 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S4686.IS S4686

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1 menting laws and regulations as authorized by law and 

2 to the extent provided by Presidential or Secretarial dele3 gation; and for matching grants or cooperative agree4 ments, $175,886,000, of which $151,886,000 is to remain 

5 available until September 30, 2024, and of which 

6 $24,000,000 is to remain available until expended, includ7 ing $5,000,000 for offshore decommissioning activities: 

8 Provided, That this total appropriation shall be reduced 

9 by amounts collected by the Secretary of the Interior and 

10 credited to this appropriation from additions to receipts 

11 resulting from increases to lease rental rates in effect on 

12 August 5, 1993, and from cost recovery fees from activi13 ties conducted by the Bureau of Safety and Environmental 

14 Enforcement pursuant to the Outer Continental Shelf 

15 Lands Act, including studies, assessments, analysis, and 

16 miscellaneous administrative activities: Provided further, 

17 That the sum herein appropriated shall be reduced as such 

18 collections are received during the fiscal year, so as to re19 sult in a final fiscal year 2023 appropriation estimated 

20 at not more than $156,886,000. 

21 For an additional amount, $44,000,000, to remain 

22 available until expended, to be reduced by amounts col23 lected by the Secretary and credited to this appropriation, 

24 which shall be derived from non-refundable inspection fees 

25 collected in fiscal year 2023, as provided in this Act: ProVerDate Sep 11 2014 00:04 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S4686.IS S4686

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1 vided, That to the extent that amounts realized from such 

2 inspection fees exceed $44,000,000, the amounts realized 

3 in excess of $44,000,000 shall be credited to this appro4 priation and remain available until expended: Provided 

5 further, That for fiscal year 2023, not less than 50 percent 

6 of the inspection fees expended by the Bureau of Safety 

7 and Environmental Enforcement will be used to fund per8 sonnel and mission-related costs to expand capacity and 

9 expedite the orderly development, subject to environmental 

10 safeguards, of the Outer Continental Shelf pursuant to the 

11 Outer Continental Shelf Lands Act (43 U.S.C. 1331 et 

12 seq.), including the review of applications for permits to 

13 drill. 

14 OIL SPILL RESEARCH

15 For necessary expenses to carry out title I, section 

16 1016; title IV, sections 4202 and 4303; title VII; and title 

17 VIII, section 8201 of the Oil Pollution Act of 1990, 

18 $15,099,000, which shall be derived from the Oil Spill Li19 ability Trust Fund, to remain available until expended. 

20 OFFICE OF SURFACE MINING RECLAMATION AND

21 ENFORCEMENT

22 REGULATION AND TECHNOLOGY

23 For necessary expenses to carry out the provisions 

24 of the Surface Mining Control and Reclamation Act of 

25 1977, Public Law 95–87, $121,122,000, to remain availVerDate Sep 11 2014 00:04 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S4686.IS S4686

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1 able until September 30, 2024, of which $65,000,000 shall 

2 be available for State and Tribal regulatory grants: Pro3 vided, That appropriations for the Office of Surface Min4 ing Reclamation and Enforcement may provide for the 

5 travel and per diem expenses of State and Tribal per6 sonnel attending Office of Surface Mining Reclamation 

7 and Enforcement sponsored training. 

8 In addition, for costs to review, administer, and en9 force permits issued by the Office pursuant to section 507 

10 of Public Law 95–87 (30 U.S.C. 1257), $40,000, to re11 main available until expended: Provided, That fees as12 sessed and collected by the Office pursuant to such section 

13 507 shall be credited to this account as discretionary off14 setting collections, to remain available until expended: 

15 Provided further, That the sum herein appropriated from 

16 the general fund shall be reduced as collections are re17 ceived during the fiscal year, so as to result in a fiscal 

18 year 2023 appropriation estimated at not more than 

19 $121,122,000. 

20 ABANDONED MINE RECLAMATION FUND

21 For necessary expenses to carry out title IV of the 

22 Surface Mining Control and Reclamation Act of 1977, 

23 Public Law 95–87, $33,904,000, to be derived from re24 ceipts of the Abandoned Mine Reclamation Fund and to 

25 remain available until expended: Provided, That pursuant 


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1 to Public Law 97–365, the Department of the Interior is 

2 authorized to use up to 20 percent from the recovery of 

3 the delinquent debt owed to the United States Government 

4 to pay for contracts to collect these debts: Provided fur5 ther, That funds made available under title IV of Public 

6 Law 95–87 may be used for any required non-Federal 

7 share of the cost of projects funded by the Federal Gov8 ernment for the purpose of environmental restoration re9 lated to treatment or abatement of acid mine drainage 

10 from abandoned mines: Provided further, That such 

11 projects must be consistent with the purposes and prior12 ities of the Surface Mining Control and Reclamation Act: 

13 Provided further, That amounts provided under this head14 ing may be used for the travel and per diem expenses of 

15 State and Tribal personnel attending Office of Surface 

16 Mining Reclamation and Enforcement sponsored training. 

17 In addition, $135,000,000, to remain available until 

18 expended, for grants to States and federally recognized In19 dian Tribes for reclamation of abandoned mine lands and 

20 other related activities in accordance with the terms and 

21 conditions described in the explanatory statement accom22 panying this Act: Provided, That such additional amount 

23 shall be used for economic and community development 

24 in conjunction with the priorities in section 403(a) of the 

25 Surface Mining Control and Reclamation Act of 1977 (30 


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1 U.S.C. 1233(a)): Provided further, That of such additional 

2 amount, $84,000,000 shall be distributed in equal 

3 amounts to the three Appalachian States with the greatest 

4 amount of unfunded needs to meet the priorities described 

5 in paragraphs (1) and (2) of such section, $39,000,000 

6 shall be distributed in equal amounts to the three Appa7 lachian States with the subsequent greatest amount of un8 funded needs to meet such priorities, and $12,000,000 

9 shall be for grants to federally recognized Indian Tribes 

10 without regard to their status as certified or uncertified 

11 under the Surface Mining Control and Reclamation Act 

12 of 1977 (30 U.S.C. 1233(a)), for reclamation of aban13 doned mine lands and other related activities in accord14 ance with the terms and conditions described in the ex15 planatory statement accompanying this Act and shall be 

16 used for economic and community development in conjunc17 tion with the priorities in section 403(a) of the Surface 

18 Mining Control and Reclamation Act of 1977: Provided 

19 further, That such additional amount shall be allocated to 

20 States and Indian Tribes within 60 days after the date 

21 of enactment of this Act. 


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1 INDIAN AFFAIRS

2 BUREAU OF INDIAN AFFAIRS

3 OPERATION OF INDIAN PROGRAMS

4 (INCLUDING TRANSFERS OF FUNDS)

5 For expenses necessary for the operation of Indian 

6 programs, as authorized by law, including the Snyder Act 

7 of November 2, 1921 (25 U.S.C. 13) and the Indian Self8 Determination and Education Assistance Act of 1975 (25 

9 U.S.C. 5301 et seq.), $1,973,633,000, to remain available 

10 until September 30, 2024, except as otherwise provided 

11 herein; of which not to exceed $8,500 may be for official 

12 reception and representation expenses; of which not to ex13 ceed $77,994,000 shall be for welfare assistance pay14 ments: Provided, That in cases of designated Federal dis15 asters, the Secretary of the Interior may exceed such cap 

16 for welfare payments from the amounts provided herein, 

17 to provide for disaster relief to Indian communities af18 fected by the disaster: Provided further, That federally rec19 ognized Indian Tribes and Tribal organizations of feder20 ally recognized Indian Tribes may use their Tribal priority 

21 allocations for unmet welfare assistance costs: Provided 

22 further, That not to exceed $64,913,000 shall remain 

23 available until expended for housing improvement, road 

24 maintenance, attorney fees, litigation support, land 

25 records improvement, and the Navajo-Hopi Settlement 


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1 Program: Provided further, That of the amount appro2 priated under this heading, $4,240,000 shall be for 

3 projects specified for Special Initiatives (CDS) in the table 

4 titled ‘‘Congressionally Directed Spending Items’’ included 

5 in the explanatory statement accompanying this Act: Pro6 vided further, That any forestry funds allocated to a feder7 ally recognized Tribe which remain unobligated as of Sep8 tember 30, 2024, may be transferred during fiscal year 

9 2025 to an Indian forest land assistance account estab10 lished for the benefit of the holder of the funds within 

11 the holder’s trust fund account: Provided further, That 

12 any such unobligated balances not so transferred shall ex13 pire on September 30, 2025: Provided further, That in 

14 order to enhance the safety of Bureau field employees, the 

15 Bureau may use funds to purchase uniforms or other iden16 tifying articles of clothing for personnel: Provided further, 

17 That the Bureau of Indian Affairs may accept transfers 

18 of funds from United States Customs and Border Protec19 tion to supplement any other funding available for recon20 struction or repair of roads owned by the Bureau of Indian 

21 Affairs as identified on the National Tribal Transpor22 tation Facility Inventory, 23 U.S.C. 202(b)(1). 

23 INDIAN LAND CONSOLIDATION

24 For the acquisition of fractional interests to further 

25 land consolidation as authorized under the Indian Land 


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1 Consolidation Act Amendments of 2000 (Public Law 106– 

2 462), and the American Indian Probate Reform Act of 

3 2004 (Public Law 108–374), $8,000,000, to remain avail4 able until expended: Provided, That any provision of the 

5 Indian Land Consolidation Act Amendments of 2000 

6 (Public Law 106–462) that requires or otherwise relates 

7 to application of a lien shall not apply to the acquisitions 

8 funded herein. 

9 CONTRACT SUPPORT COSTS

10 For payments to Tribes and Tribal organizations for 

11 contract support costs associated with Indian Self-Deter12 mination and Education Assistance Act agreements with 

13 the Bureau of Indian Affairs and the Bureau of Indian 

14 Education for fiscal year 2023, such sums as may be nec15 essary, which shall be available for obligation through Sep16 tember 30, 2024: Provided, That notwithstanding any 

17 other provision of law, no amounts made available under 

18 this heading shall be available for transfer to another 

19 budget account. 

20 PAYMENTS FOR TRIBAL LEASES

21 For payments to Tribes and Tribal organizations for 

22 leases pursuant to section 105(l) of the Indian Self-Deter23 mination and Education Assistance Act (25 U.S.C. 

24 5324(l)) for fiscal year 2023, such sums as may be nec25 essary, which shall be available for obligation through SepVerDate Sep 11 2014 00:04 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S4686.IS S4686

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1 tember 30, 2024: Provided, That notwithstanding any 

2 other provision of law, no amounts made available under 

3 this heading shall be available for transfer to another 

4 budget account. 

5 CONSTRUCTION

6 (INCLUDING TRANSFER OF FUNDS)

7 For construction, repair, improvement, and mainte8 nance of irrigation and power systems, buildings, utilities, 

9 and other facilities, including architectural and engineer10 ing services by contract; acquisition of lands, and interests 

11 in lands; and preparation of lands for farming, and for 

12 construction of the Navajo Indian Irrigation Project pur13 suant to Public Law 87–483; $190,952,000, to remain 

14 available until expended: Provided, That such amounts as 

15 may be available for the construction of the Navajo Indian 

16 Irrigation Project may be transferred to the Bureau of 

17 Reclamation: Provided further, That any funds provided 

18 for the Safety of Dams program pursuant to the Act of 

19 November 2, 1921 (25 U.S.C. 13), shall be made available 

20 on a nonreimbursable basis: Provided further, That this 

21 appropriation may be reimbursed from the Office of the 

22 Special Trustee for American Indians appropriation for 

23 the appropriate share of construction costs for space ex24 pansion needed in agency offices to meet trust reform im25 plementation: Provided further, That of the funds made 


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1 available under this heading, $10,000,000 shall be derived 

2 from the Indian Irrigation Fund established by section 

3 3211 of the WIIN Act (Public Law 114–322; 130 Stat. 

4 1749): Provided further, That amounts provided under 

5 this heading are available for the modernization of Federal 

6 field communication capabilities, in addition to amounts 

7 otherwise made available for such purpose. 

8 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

9 MISCELLANEOUS PAYMENTS TO INDIANS

10 For payments and necessary administrative expenses 

11 for implementation of Indian land and water claim settle12 ments pursuant to Public Laws 99–264, 114–322 and 

13 116–260, and for implementation of other land and water 

14 rights settlements, $825,000, to remain available until ex15 pended. 

16 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

17 For the cost of guaranteed loans and insured loans, 

18 $13,884,000, to remain available until September 30, 

19 2024, of which $2,680,000 is for administrative expenses, 

20 as authorized by the Indian Financing Act of 1974: Pro21 vided, That such costs, including the cost of modifying 

22 such loans, shall be as defined in section 502 of the Con23 gressional Budget Act of 1974: Provided further, That 

24 these funds are available to subsidize total loan principal, 


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1 any part of which is to be guaranteed or insured, not to 

2 exceed $150,213,551. 

3 BUREAU OF INDIAN EDUCATION

4 OPERATION OF INDIAN EDUCATION PROGRAMS

5 For expenses necessary for the operation of Indian 

6 education programs, as authorized by law, including the 

7 Snyder Act of November 2, 1921 (25 U.S.C. 13), the In8 dian Self-Determination and Education Assistance Act of 

9 1975 (25 U.S.C. 5301 et seq.), the Education Amend10 ments of 1978 (25 U.S.C. 2001–2019), and the Tribally 

11 Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.), 

12 $1,144,451,000 to remain available until September 30, 

13 2024, except as otherwise provided herein: Provided, That 

14 federally recognized Indian Tribes and Tribal organiza15 tions of federally recognized Indian Tribes may use their 

16 Tribal priority allocations for unmet welfare assistance 

17 costs: Provided further, That not to exceed $848,425,000 

18 for school operations costs of Bureau-funded schools and 

19 other education programs shall become available on July 

20 1, 2023, and shall remain available until September 30, 

21 2024: Provided further, That notwithstanding any other 

22 provision of law, including but not limited to the Indian 

23 Self–Determination Act of 1975 (25 U.S.C. 5301 et seq.) 

24 and section 1128 of the Education Amendments of 1978 

25 (25 U.S.C. 2008), not to exceed $97,453,000 within and 


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1 only from such amounts made available for school oper2 ations shall be available for administrative cost grants as3 sociated with grants approved prior to July 1, 2023: Pro4 vided further, That in order to enhance the safety of Bu5 reau field employees, the Bureau may use funds to pur6 chase uniforms or other identifying articles of clothing for 

7 personnel. 

8 EDUCATION CONSTRUCTION

9 For construction, repair, improvement, and mainte10 nance of buildings, utilities, and other facilities necessary 

11 for the operation of Indian education programs, including 

12 architectural and engineering services by contract; acquisi13 tion of lands, and interests in lands; $333,434,000 to re14 main available until expended: Provided, That in order to 

15 ensure timely completion of construction projects, the Sec16 retary of the Interior may assume control of a project and 

17 all funds related to the project, if, not later than 18 

18 months after the date of the enactment of this Act, any 

19 Public Law 100–297 (25 U.S.C. 2501 et seq.) grantee re20 ceiving funds appropriated in this Act or in any prior Act, 

21 has not completed the planning and design phase of the 

22 project and commenced construction. 

23 ADMINISTRATIVE PROVISIONS

24 The Bureau of Indian Affairs and the Bureau of In25 dian Education may carry out the operation of Indian proVerDate Sep 11 2014 00:04 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S4686.IS S4686

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1 grams by direct expenditure, contracts, cooperative agree2 ments, compacts, and grants, either directly or in coopera3 tion with States and other organizations. 

4 Notwithstanding Public Law 87–279 (25 U.S.C. 15), 

5 the Bureau of Indian Affairs may contract for services in 

6 support of the management, operation, and maintenance 

7 of the Power Division of the San Carlos Irrigation Project. 

8 Notwithstanding any other provision of law, no funds 

9 available to the Bureau of Indian Affairs or the Bureau 

10 of Indian Education for central office oversight and Exec11 utive Direction and Administrative Services (except Exec12 utive Direction and Administrative Services funding for 

13 Tribal Priority Allocations, regional offices, and facilities 

14 operations and maintenance) shall be available for con15 tracts, grants, compacts, or cooperative agreements with 

16 the Bureau of Indian Affairs or the Bureau of Indian 

17 Education under the provisions of the Indian Self-Deter18 mination Act or the Tribal Self-Governance Act of 1994 

19 (Public Law 103–413). 

20 In the event any Tribe returns appropriations made 

21 available by this Act to the Bureau of Indian Affairs or 

22 the Bureau of Indian Education, this action shall not di23 minish the Federal Government’s trust responsibility to 

24 that Tribe, or the government-to-government relationship 


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1 between the United States and that Tribe, or that Tribe’s 

2 ability to access future appropriations. 

3 Notwithstanding any other provision of law, no funds 

4 available to the Bureau of Indian Education, other than 

5 the amounts provided herein for assistance to public 

6 schools under 25 U.S.C. 452 et seq., shall be available to 

7 support the operation of any elementary or secondary 

8 school in the State of Alaska. 

9 No funds available to the Bureau of Indian Edu10 cation shall be used to support expanded grades for any 

11 school or dormitory beyond the grade structure in place 

12 or approved by the Secretary of the Interior at each school 

13 in the Bureau of Indian Education school system as of 

14 October 1, 1995, except that the Secretary of the Interior 

15 may waive this prohibition to support expansion of up to 

16 one additional grade when the Secretary determines such 

17 waiver is needed to support accomplishment of the mission 

18 of the Bureau of Indian Education, or more than one 

19 grade to expand the elementary grade structure for Bu20 reau-funded schools with a K–2 grade structure on Octo21 ber 1, 1996. Appropriations made available in this or any 

22 prior Act for schools funded by the Bureau shall be avail23 able, in accordance with the Bureau’s funding formula, 

24 only to the schools in the Bureau school system as of Sep25 tember 1, 1996, and to any school or school program that 


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1 was reinstated in fiscal year 2012. Funds made available 

2 under this Act may not be used to establish a charter 

3 school at a Bureau-funded school (as that term is defined 

4 in section 1141 of the Education Amendments of 1978 

5 (25 U.S.C. 2021)), except that a charter school that is 

6 in existence on the date of the enactment of this Act and 

7 that has operated at a Bureau-funded school before Sep8 tember 1, 1999, may continue to operate during that pe9 riod, but only if the charter school pays to the Bureau 

10 a pro rata share of funds to reimburse the Bureau for 

11 the use of the real and personal property (including buses 

12 and vans), the funds of the charter school are kept sepa13 rate and apart from Bureau funds, and the Bureau does 

14 not assume any obligation for charter school programs of 

15 the State in which the school is located if the charter 

16 school loses such funding. Employees of Bureau-funded 

17 schools sharing a campus with a charter school and per18 forming functions related to the charter school’s operation 

19 and employees of a charter school shall not be treated as 

20 Federal employees for purposes of chapter 171 of title 28, 

21 United States Code. 

22 Notwithstanding any other provision of law, including 

23 section 113 of title I of appendix C of Public Law 106– 

24 113, if in fiscal year 2003 or 2004 a grantee received indi25 rect and administrative costs pursuant to a distribution 


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1 formula based on section 5(f) of Public Law 101–301, the 

2 Secretary shall continue to distribute indirect and admin3 istrative cost funds to such grantee using the section 5(f) 

4 distribution formula. 

5 Funds available under this Act may not be used to 

6 establish satellite locations of schools in the Bureau school 

7 system as of September 1, 1996, except that the Secretary 

8 may waive this prohibition in order for an Indian Tribe 

9 to provide language and cultural immersion educational 

10 programs for non-public schools located within the juris11 dictional area of the Tribal government which exclusively 

12 serve Tribal members, do not include grades beyond those 

13 currently served at the existing Bureau-funded school, 

14 provide an educational environment with educator pres15 ence and academic facilities comparable to the Bureau16 funded school, comply with all applicable Tribal, Federal, 

17 or State health and safety standards, and the Americans 

18 with Disabilities Act, and demonstrate the benefits of es19 tablishing operations at a satellite location in lieu of incur20 ring extraordinary costs, such as for transportation or 

21 other impacts to students such as those caused by busing 

22 students extended distances: Provided, That no funds 

23 available under this Act may be used to fund operations, 

24 maintenance, rehabilitation, construction, or other facili25 ties-related costs for such assets that are not owned by 


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1 the Bureau: Provided further, That the term ‘‘satellite 

2 school’’ means a school location physically separated from 

3 the existing Bureau school by more than 50 miles but that 

4 forms part of the existing school in all other respects. 

5 Funds made available for Tribal Priority Allocations 

6 within Operation of Indian Programs and Operation of In7 dian Education Programs may be used to execute re8 quested adjustments in Tribal priority allocations initiated 

9 by an Indian Tribe. 

10 OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN

11 INDIANS

12 FEDERAL TRUST PROGRAMS

13 (INCLUDING TRANSFER OF FUNDS)

14 For the operation of trust programs for Indians by 

15 direct expenditure, contracts, cooperative agreements, 

16 compacts, and grants, $112,675,000, to remain available 

17 until expended, of which not to exceed $17,867,000 from 

18 this or any other Act, may be available for historical ac19 counting: Provided, That funds for trust management im20 provements and litigation support may, as needed, be 

21 transferred to or merged with the Bureau of Indian Af22 fairs, ‘‘Operation of Indian Programs’’ and Bureau of In23 dian Education, ‘‘Operation of Indian Education Pro24 grams’’ accounts; the Office of the Solicitor, ‘‘Salaries and 

25 Expenses’’ account; and the Office of the Secretary, ‘‘DeVerDate Sep 11 2014 00:04 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S4686.IS S4686

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1 partmental Operations’’ account: Provided further, That 

2 funds made available through contracts or grants obli3 gated during fiscal year 2023, as authorized by the Indian 

4 Self-Determination Act of 1975 (25 U.S.C. 5301 et seq.), 

5 shall remain available until expended by the contractor or 

6 grantee: Provided further, That notwithstanding any other 

7 provision of law, the Secretary shall not be required to 

8 provide a quarterly statement of performance for any In9 dian trust account that has not had activity for at least 

10 15 months and has a balance of $15 or less: Provided fur11 ther, That the Secretary shall issue an annual account 

12 statement and maintain a record of any such accounts and 

13 shall permit the balance in each such account to be with14 drawn upon the express written request of the account 

15 holder: Provided further, That not to exceed $100,000 is 

16 available for the Secretary to make payments to correct 

17 administrative errors of either disbursements from or de18 posits to Individual Indian Money or Tribal accounts after 

19 September 30, 2002: Provided further, That erroneous 

20 payments that are recovered shall be credited to and re21 main available in this account for this purpose: Provided 

22 further, That the Secretary shall not be required to rec23 oncile Special Deposit Accounts with a balance of less than 

24 $500 unless the Office of the Special Trustee receives 

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1 ant: Provided further, That notwithstanding section 102 

2 of the American Indian Trust Fund Management Reform 

3 Act of 1994 (Public Law 103–412) or any other provision 

4 of law, the Secretary may aggregate the trust accounts 

5 of individuals whose whereabouts are unknown for a con6 tinuous period of at least 5 years and shall not be required 

7 to generate periodic statements of performance for the in8 dividual accounts: Provided further, That with respect to 

9 the preceding proviso, the Secretary shall continue to 

10 maintain sufficient records to determine the balance of the 

11 individual accounts, including any accrued interest and in12 come, and such funds shall remain available to the indi13 vidual account holders. 

14 DEPARTMENTAL OFFICES

15 OFFICE OF THE SECRETARY

16 DEPARTMENTAL OPERATIONS

17 (INCLUDING TRANSFER OF FUNDS)

18 For necessary expenses for management of the De19 partment of the Interior and for grants and cooperative 

20 agreements, as authorized by law, $135,000,000, to re21 main available until September 30, 2024; of which not to 

22 exceed $15,000 may be for official reception and represen23 tation expenses; of which up to $1,000,000 shall be avail24 able for workers compensation payments and unemploy25 ment compensation payments associated with the orderly 


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1 closure of the United States Bureau of Mines; and of 

2 which $14,295,000 for Indian land, mineral, and resource 

3 valuation activities shall remain available until expended: 

4 Provided, That funds for Indian land, mineral, and re5 source valuation activities may, as needed, be transferred 

6 to and merged with the Bureau of Indian Affairs ‘‘Oper7 ation of Indian Programs’’ and Bureau of Indian Edu8 cation ‘‘Operation of Indian Education Programs’’ ac9 counts and the Office of the Special Trustee ‘‘Federal 

10 Trust Programs’’ account: Provided further, That funds 

11 made available through contracts or grants obligated dur12 ing fiscal year 2023, as authorized by the Indian Self-De13 termination Act of 1975 (25 U.S.C. 5301 et seq.), shall 

14 remain available until expended by the contractor or 

15 grantee. 

16 ADMINISTRATIVE PROVISIONS

17 For fiscal year 2023, up to $400,000 of the payments 

18 authorized by chapter 69 of title 31, United States Code, 

19 may be retained for administrative expenses of the Pay20 ments in Lieu of Taxes Program: Provided, That the 

21 amounts provided under this Act specifically for the Pay22 ments in Lieu of Taxes program are the only amounts 

23 available for payments authorized under chapter 69 of 

24 title 31, United States Code: Provided further, That in the 

25 event the sums appropriated for any fiscal year for payVerDate Sep 11 2014 00:04 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S4686.IS S4686

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1 ments pursuant to this chapter are insufficient to make 

2 the full payments authorized by that chapter to all units 

3 of local government, then the payment to each local gov4 ernment shall be made proportionally: Provided further, 

5 That the Secretary may make adjustments to payment to 

6 individual units of local government to correct for prior 

7 overpayments or underpayments: Provided further, That 

8 no payment shall be made pursuant to that chapter to oth9 erwise eligible units of local government if the computed 

10 amount of the payment is less than $100. 

11 INSULAR AFFAIRS

12 ASSISTANCE TO TERRITORIES

13 For expenses necessary for assistance to territories 

14 under the jurisdiction of the Department of the Interior 

15 and other jurisdictions identified in section 104(e) of Pub16 lic Law 108–188, $117,257,000, of which: (1) 

17 $107,040,000 shall remain available until expended for 

18 territorial assistance, including general technical assist19 ance, maintenance assistance, disaster assistance, coral 

20 reef initiative and natural resources activities, and brown 

21 tree snake control and research; grants to the judiciary 

22 in American Samoa for compensation and expenses, as au23 thorized by law (48 U.S.C. 1661(c)); grants to the Govern24 ment of American Samoa, in addition to current local rev25 enues, for construction and support of governmental funcVerDate Sep 11 2014 00:04 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S4686.IS S4686

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1 tions; grants to the Government of the Virgin Islands, as 

2 authorized by law; grants to the Government of Guam, 

3 as authorized by law; and grants to the Government of 

4 the Northern Mariana Islands, as authorized by law (Pub5 lic Law 94–241; 90 Stat. 272); and (2) $10,217,000 shall 

6 be available until September 30, 2024, for salaries and 

7 expenses of the Office of Insular Affairs: Provided, That 

8 all financial transactions of the territorial and local gov9 ernments herein provided for, including such transactions 

10 of all agencies or instrumentalities established or used by 

11 such governments, may be audited by the Government Ac12 countability Office, at its discretion, in accordance with 

13 chapter 35 of title 31, United States Code: Provided fur14 ther, That Northern Mariana Islands Covenant grant 

15 funding shall be provided according to those terms of the 

16 Agreement of the Special Representatives on Future 

17 United States Financial Assistance for the Northern Mar18 iana Islands approved by Public Law 104–134: Provided 

19 further, That the funds for the program of operations and 

20 maintenance improvement are appropriated to institu21 tionalize routine operations and maintenance improvement 

22 of capital infrastructure with territorial participation and 

23 cost sharing to be determined by the Secretary based on 

24 the grantee’s commitment to timely maintenance of its 

25 capital assets: Provided further, That any appropriation 


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1 for disaster assistance under this heading in this Act or 

2 previous appropriations Acts may be used as non–Federal 

3 matching funds for the purpose of hazard mitigation 

4 grants provided pursuant to section 404 of the Robert T. 

5 Stafford Disaster Relief and Emergency Assistance Act 

6 (42 U.S.C. 5170c). 

7 COMPACT OF FREE ASSOCIATION

8 For grants and necessary expenses, $8,463,000, to 

9 remain available until expended, as provided for in sec10 tions 221(a)(2) and 233 of the Compact of Free Associa11 tion for the Republic of Palau; and section 221(a)(2) of 

12 the Compacts of Free Association for the Government of 

13 the Republic of the Marshall Islands and the Federated 

14 States of Micronesia, as authorized by Public Law 99– 

15 658 and Public Law 108–188: Provided, That of the funds 

16 appropriated under this heading, $6,000,000 is for deposit 

17 into the Compact Trust Fund of the Republic of the Mar18 shall Islands as compensation authorized by Public Law 

19 108–188 for adverse financial and economic impacts. 

20 ADMINISTRATIVE PROVISIONS

21 (INCLUDING TRANSFER OF FUNDS)

22 At the request of the Governor of Guam, the Sec23 retary may transfer discretionary funds or mandatory 

24 funds provided under section 104(e) of Public Law 108– 

25 188 and Public Law 104–134, that are allocated for 


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1 Guam, to the Secretary of Agriculture for the subsidy cost 

2 of direct or guaranteed loans, plus not to exceed three per3 cent of the amount of the subsidy transferred for the cost 

4 of loan administration, for the purposes authorized by the 

5 Rural Electrification Act of 1936 and section 306(a)(1) 

6 of the Consolidated Farm and Rural Development Act for 

7 construction and repair projects in Guam, and such funds 

8 shall remain available until expended: Provided, That such 

9 costs, including the cost of modifying such loans, shall be 

10 as defined in section 502 of the Congressional Budget Act 

11 of 1974: Provided further, That such loans or loan guaran12 tees may be made without regard to the population of the 

13 area, credit elsewhere requirements, and restrictions on 

14 the types of eligible entities under the Rural Electrifica15 tion Act of 1936 and section 306(a)(1) of the Consolidated 

16 Farm and Rural Development Act: Provided further, That 

17 any funds transferred to the Secretary of Agriculture shall 

18 be in addition to funds otherwise made available to make 

19 or guarantee loans under such authorities. 

20 OFFICE OF THE SOLICITOR

21 SALARIES AND EXPENSES

22 For necessary expenses of the Office of the Solicitor, 

23 $102,050,000, to remain available until September 30, 

24 2024. 


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1 OFFICE OF INSPECTOR GENERAL

2 SALARIES AND EXPENSES

3 For necessary expenses of the Office of Inspector 

4 General, $68,000,000, to remain available until September 

5 30, 2024. 

6 DEPARTMENT-WIDE PROGRAMS

7 WILDLAND FIRE MANAGEMENT

8 (INCLUDING TRANSFERS OF FUNDS)

9 For necessary expenses for fire preparedness, fire 

10 suppression operations, fire science and research, emer11 gency rehabilitation, fuels management activities, and 

12 rural fire assistance by the Department of the Interior, 

13 $1,163,286,000, to remain available until expended, of 

14 which not to exceed $10,000,000 shall be for the renova15 tion or construction of fire facilities: Provided, That such 

16 funds are also available for repayment of advances to 

17 other appropriation accounts from which funds were pre18 viously transferred for such purposes: Provided further, 

19 That of the funds provided $267,000,000 is for fuels man20 agement activities: Provided further, That of the funds 

21 provided $20,470,000 is for burned area rehabilitation: 

22 Provided further, That persons hired pursuant to 43 

23 U.S.C. 1469 may be furnished subsistence and lodging 

24 without cost from funds available from this appropriation: 

25 Provided further, That notwithstanding 42 U.S.C. 1856d, 


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1 sums received by a bureau or office of the Department 

2 of the Interior for fire protection rendered pursuant to 42 

3 U.S.C. 1856 et seq., protection of United States property, 

4 may be credited to the appropriation from which funds 

5 were expended to provide that protection, and are avail6 able without fiscal year limitation: Provided further, That 

7 using the amounts designated under this title of this Act, 

8 the Secretary of the Interior may enter into procurement 

9 contracts, grants, or cooperative agreements, for fuels 

10 management activities, and for training and monitoring 

11 associated with such fuels management activities on Fed12 eral land, or on adjacent non-Federal land for activities 

13 that benefit resources on Federal land: Provided further, 

14 That the costs of implementing any cooperative agreement 

15 between the Federal Government and any non-Federal en16 tity may be shared, as mutually agreed on by the affected 

17 parties: Provided further, That notwithstanding require18 ments of the Competition in Contracting Act, the Sec19 retary, for purposes of fuels management activities, may 

20 obtain maximum practicable competition among: (1) local 

21 private, nonprofit, or cooperative entities; (2) Youth Con22 servation Corps crews, Public Lands Corps (Public Law 

23 109–154), or related partnerships with State, local, or 

24 nonprofit youth groups; (3) small or micro-businesses; or 

25 (4) other entities that will hire or train locally a significant 


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1 percentage, defined as 50 percent or more, of the project 

2 workforce to complete such contracts: Provided further, 

3 That in implementing this section, the Secretary shall de4 velop written guidance to field units to ensure account5 ability and consistent application of the authorities pro6 vided herein: Provided further, That funds appropriated 

7 under this heading may be used to reimburse the United 

8 States Fish and Wildlife Service and the National Marine 

9 Fisheries Service for the costs of carrying out their re10 sponsibilities under the Endangered Species Act of 1973 

11 (16 U.S.C. 1531 et seq.) to consult and conference, as 

12 required by section 7 of such Act, in connection with 

13 wildland fire management activities: Provided further, 

14 That the Secretary of the Interior may use wildland fire 

15 appropriations to enter into leases of real property with 

16 local governments, at or below fair market value, to con17 struct capitalized improvements for fire facilities on such 

18 leased properties, including but not limited to fire guard 

19 stations, retardant stations, and other initial attack and 

20 fire support facilities, and to make advance payments for 

21 any such lease or for construction activity associated with 

22 the lease: Provided further, That the Secretary of the Inte23 rior and the Secretary of Agriculture may authorize the 

24 transfer of funds appropriated for wildland fire manage25 ment, in an aggregate amount not to exceed $50,000,000 


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1 between the Departments when such transfers would fa2 cilitate and expedite wildland fire management programs 

3 and projects: Provided further, That funds provided for 

4 wildfire suppression shall be available for support of Fed5 eral emergency response actions: Provided further, That 

6 funds appropriated under this heading shall be available 

7 for assistance to or through the Department of State in 

8 connection with forest and rangeland research, technical 

9 information, and assistance in foreign countries, and, with 

10 the concurrence of the Secretary of State, shall be avail11 able to support forestry, wildland fire management, and 

12 related natural resource activities outside the United 

13 States and its territories and possessions, including tech14 nical assistance, education and training, and cooperation 

15 with United States and international organizations: Pro16 vided further, That of the funds provided under this head17 ing $383,657,000 shall be available for wildfire suppres18 sion operations, and is provided to meet the terms of sec19 tion 4004(b)(5)(B) of S. Con. Res. 14 (117th Congress), 

20 the concurrent resolution on the budget for fiscal year 

21 2022, and section 1(g)(2) of H. Res. 1151 (117th Con22 gress), as engrossed in the House of Representatives on 

23 June 8, 2022. 


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1 WILDFIRE SUPPRESSION OPERATIONS RESERVE FUND

2 (INCLUDING TRANSFERS OF FUNDS)

3 In addition to the amounts provided under the head4 ing ‘‘Department of the Interior—Department-Wide Pro5 grams—Wildland Fire Management’’ for wildfire suppres6 sion operations, $340,000,000, to remain available until 

7 transferred, is additional new budget authority as speci8 fied for purposes of section 4004(b)(5) of S. Con. Res. 

9 14 (117th Congress), the concurrent resolution on the 

10 budget for fiscal year 2022, and section 1(g) of H. Res. 

11 1151 (117th Congress), as engrossed in the House of Rep12 resentatives on June 8, 2022: Provided, That such 

13 amounts may be transferred to and merged with amounts 

14 made available under the headings ‘‘Department of Agri15 culture—Forest Service—Wildland Fire Management’’ 

16 and ‘‘Department of the Interior—Department-Wide Pro17 grams—Wildland Fire Management’’ for wildfire suppres18 sion operations in the fiscal year in which such amounts 

19 are transferred: Provided further, That amounts may be 

20 transferred to the ‘‘Wildland Fire Management’’ accounts 

21 in the Department of Agriculture or the Department of 

22 the Interior only upon the notification of the House and 

23 Senate Committees on Appropriations that all wildfire 

24 suppression operations funds appropriated under that 

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1 cy to which the funds will be transferred will be obligated 

2 within 30 days: Provided further, That the transfer au3 thority provided under this heading is in addition to any 

4 other transfer authority provided by law: Provided further, 

5 That, in determining whether all wildfire suppression op6 erations funds appropriated under the heading ‘‘Wildland 

7 Fire Management’’ in this and prior appropriations Acts 

8 to either the Department of Agriculture or the Depart9 ment of the Interior will be obligated within 30 days pur10 suant to the preceding proviso, any funds transferred or 

11 permitted to be transferred pursuant to any other transfer 

12 authority provided by law shall be excluded. 

13 CENTRAL HAZARDOUS MATERIALS FUND

14 For necessary expenses of the Department of the In15 terior and any of its component offices and bureaus for 

16 the response action, including associated activities, per17 formed pursuant to the Comprehensive Environmental Re18 sponse, Compensation, and Liability Act (42 U.S.C. 9601 

19 et seq.), $10,064,000, to remain available until expended. 

20 ENERGY COMMUNITY REVITALIZATION PROGRAM

21 (INCLUDING TRANSFERS OF FUNDS)

22 For necessary expenses of the Department of the In23 terior to inventory, assess, decommission, reclaim, respond 

24 to hazardous substance releases, remediate lands pursuant 

25 to section 40704 of Public Law 117–58 (30 U.S.C. 1245), 


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1 and carry out the purposes of section 349 of the Energy 

2 Policy Act of 2005 (42 U.S.C. 15907), as amended, 

3 $20,000,000, to remain available until expended: Pro4 vided, That such amount shall be in addition to amounts 

5 otherwise available for such purposes: Provided further, 

6 That amounts appropriated under this heading are avail7 able for program management and oversight of these ac8 tivities: Provided further, That the Secretary may transfer 

9 the funds provided under this heading in this Act to any 

10 other account in the Department to carry out such pur11 poses, and may expend such funds directly, or through 

12 grants: Provided further, That these amounts are not 

13 available to fulfill Comprehensive Environmental Re14 sponse, Compensation, and Liability Act (42 U.S.C. 9601 

15 et seq.) obligations agreed to in settlement or imposed by 

16 a court, whether for payment of funds or for work to be 

17 performed. 

18 NATURAL RESOURCE DAMAGE ASSESSMENT AND

19 RESTORATION

20 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

21 To conduct natural resource damage assessment, res22 toration activities, and onshore oil spill preparedness by 

23 the Department of the Interior necessary to carry out the 

24 provisions of the Comprehensive Environmental Response, 

25 Compensation, and Liability Act (42 U.S.C. 9601 et seq.), 


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1 the Federal Water Pollution Control Act (33 U.S.C. 1251 

2 et seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 

3 et seq.), and 54 U.S.C. 100721 et seq., $8,059,000, to 

4 remain available until expended. 

5 WORKING CAPITAL FUND

6 For the operation and maintenance of a departmental 

7 financial and business management system, data manage8 ment, information technology improvements of general 

9 benefit to the Department, cybersecurity, and the consoli10 dation of facilities and operations throughout the Depart11 ment, $112,198,000, to remain available until expended: 

12 Provided, That none of the funds appropriated in this Act 

13 or any other Act may be used to establish reserves in the 

14 Working Capital Fund account other than for accrued an15 nual leave and depreciation of equipment without prior ap16 proval of the Committees on Appropriations of the House 

17 of Representatives and the Senate: Provided further, That 

18 the Secretary of the Interior may assess reasonable 

19 charges to State, local, and Tribal government employees 

20 for training services provided by the National Indian Pro21 gram Training Center, other than training related to Pub22 lic Law 93–638: Provided further, That the Secretary may 

23 lease or otherwise provide space and related facilities, 

24 equipment, or professional services of the National Indian 

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1 ernment employees or persons or organizations engaged 

2 in cultural, educational, or recreational activities (as de3 fined in section 3306(a) of title 40, United States Code) 

4 at the prevailing rate for similar space, facilities, equip5 ment, or services in the vicinity of the National Indian 

6 Program Training Center: Provided further, That all funds 

7 received pursuant to the two preceding provisos shall be 

8 credited to this account, shall be available until expended, 

9 and shall be used by the Secretary for necessary expenses 

10 of the National Indian Program Training Center: Provided 

11 further, That the Secretary may enter into grants and co12 operative agreements to support the Office of Natural Re13 source Revenue’s collection and disbursement of royalties, 

14 fees, and other mineral revenue proceeds, as authorized 

15 by law. 

16 ADMINISTRATIVE PROVISION

17 There is hereby authorized for acquisition from avail18 able resources within the Working Capital Fund, aircraft 

19 which may be obtained by donation, purchase, or through 

20 available excess surplus property: Provided, That existing 

21 aircraft being replaced may be sold, with proceeds derived 

22 or trade-in value used to offset the purchase price for the 

23 replacement aircraft. 


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1 OFFICE OF NATURAL RESOURCES REVENUE

2 For necessary expenses for management of the collec3 tion and disbursement of royalties, fees, and other mineral 

4 revenue proceeds, and for grants and cooperative agree5 ments, as authorized by law, $174,977,000, to remain 

6 available until September 30, 2024; of which $69,751,000 

7 shall remain available until expended for the purpose of 

8 mineral revenue management activities: Provided, That 

9 notwithstanding any other provision of law, $15,000 shall 

10 be available for refunds of overpayments in connection 

11 with certain Indian leases in which the Secretary of the 

12 Interior concurred with the claimed refund due, to pay 

13 amounts owed to Indian allottees or Tribes, or to correct 

14 prior unrecoverable erroneous payments. 

15 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

16 (INCLUDING TRANSFERS OF FUNDS)

17 EMERGENCY TRANSFER AUTHORITY—INTRA-BUREAU

18 SEC. 101. Appropriations made in this title shall be 

19 available for expenditure or transfer (within each bureau 

20 or office), with the approval of the Secretary of the Inte21 rior, for the emergency reconstruction, replacement, or re22 pair of aircraft, buildings, utilities, or other facilities or 

23 equipment damaged or destroyed by fire, flood, storm, or 

24 other unavoidable causes: Provided, That no funds shall 

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1 cally made available to the Department of the Interior for 

2 emergencies shall have been exhausted: Provided further, 

3 That all funds used pursuant to this section must be re4 plenished by a supplemental appropriation, which must be 

5 requested as promptly as possible. 

6 EMERGENCY TRANSFER AUTHORITY—DEPARTMENT-WIDE

7 SEC. 102. The Secretary of the Interior may author8 ize the expenditure or transfer of any no year appropria9 tion in this title, in addition to the amounts included in 

10 the budget programs of the several agencies, for the sup11 pression or emergency prevention of wildland fires on or 

12 threatening lands under the jurisdiction of the Depart13 ment of the Interior; for the emergency rehabilitation of 

14 burned-over lands under its jurisdiction; for emergency ac15 tions related to potential or actual earthquakes, floods, 

16 volcanoes, storms, or other unavoidable causes; for contin17 gency planning subsequent to actual oil spills; for response 

18 and natural resource damage assessment activities related 

19 to actual oil spills or releases of hazardous substances into 

20 the environment; for the prevention, suppression, and con21 trol of actual or potential grasshopper and Mormon cricket 

22 outbreaks on lands under the jurisdiction of the Secretary, 

23 pursuant to the authority in section 417(b) of Public Law 

24 106–224 (7 U.S.C. 7717(b)); for emergency reclamation 

25 projects under section 410 of Public Law 95–87; and shall 


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1 transfer, from any no year funds available to the Office 

2 of Surface Mining Reclamation and Enforcement, such 

3 funds as may be necessary to permit assumption of regu4 latory authority in the event a primacy State is not car5 rying out the regulatory provisions of the Surface Mining 

6 Act: Provided, That appropriations made in this title for 

7 wildland fire operations shall be available for the payment 

8 of obligations incurred during the preceding fiscal year, 

9 and for reimbursement to other Federal agencies for de10 struction of vehicles, aircraft, or other equipment in con11 nection with their use for wildland fire operations, with 

12 such reimbursement to be credited to appropriations cur13 rently available at the time of receipt thereof: Provided 

14 further, That for wildland fire operations, no funds shall 

15 be made available under this authority until the Secretary 

16 determines that funds appropriated for ‘‘wildland fire sup17 pression’’ shall be exhausted within 30 days: Provided fur18 ther, That all funds used pursuant to this section must 

19 be replenished by a supplemental appropriation, which 

20 must be requested as promptly as possible: Provided fur21 ther, That such replenishment funds shall be used to reim22 burse, on a pro rata basis, accounts from which emergency 

23 funds were transferred. 


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1 AUTHORIZED USE OF FUNDS

2 SEC. 103. Appropriations made to the Department 

3 of the Interior in this title shall be available for services 

4 as authorized by section 3109 of title 5, United States 

5 Code, when authorized by the Secretary of the Interior, 

6 in total amount not to exceed $500,000; purchase and re7 placement of motor vehicles, including specially equipped 

8 law enforcement vehicles; hire, maintenance, and oper9 ation of aircraft; hire of passenger motor vehicles; pur10 chase of reprints; payment for telephone service in private 

11 residences in the field, when authorized under regulations 

12 approved by the Secretary; and the payment of dues, when 

13 authorized by the Secretary, for library membership in so14 cieties or associations which issue publications to members 

15 only or at a price to members lower than to subscribers 

16 who are not members. 

17 AUTHORIZED USE OF FUNDS, INDIAN TRUST

18 MANAGEMENT

19 SEC. 104. Appropriations made in this Act under the 

20 headings Bureau of Indian Affairs and Bureau of Indian 

21 Education, and Office of the Special Trustee for American 

22 Indians and any unobligated balances from prior appro23 priations Acts made under the same headings shall be 

24 available for expenditure or transfer for Indian trust man25 agement and reform activities. Total funding for historical 


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1 accounting activities shall not exceed amounts specifically 

2 designated in this Act for such purpose. The Secretary 

3 shall notify the House and Senate Committees on Appro4 priations within 60 days of the expenditure or transfer of 

5 any funds under this section, including the amount ex6 pended or transferred and how the funds will be used. 

7 REDISTRIBUTION OF FUNDS, BUREAU OF INDIAN

8 AFFAIRS

9 SEC. 105. Notwithstanding any other provision of 

10 law, the Secretary of the Interior is authorized to redis11 tribute any Tribal Priority Allocation funds, including 

12 Tribal base funds, to alleviate Tribal funding inequities 

13 by transferring funds to address identified, unmet needs, 

14 dual enrollment, overlapping service areas or inaccurate 

15 distribution methodologies. No Tribe shall receive a reduc16 tion in Tribal Priority Allocation funds of more than 10 

17 percent in fiscal year 2023. Under circumstances of dual 

18 enrollment, overlapping service areas or inaccurate dis19 tribution methodologies, the 10 percent limitation does not 

20 apply. 

21 ELLIS, GOVERNORS, AND LIBERTY ISLANDS

22 SEC. 106. Notwithstanding any other provision of 

23 law, the Secretary of the Interior is authorized to acquire 

24 lands, waters, or interests therein, including the use of all 

25 or part of any pier, dock, or landing within the State of 


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1 New York and the State of New Jersey, for the purpose 

2 of operating and maintaining facilities in the support of 

3 transportation and accommodation of visitors to Ellis, 

4 Governors, and Liberty Islands, and of other program and 

5 administrative activities, by donation or with appropriated 

6 funds, including franchise fees (and other monetary con7 sideration), or by exchange; and the Secretary is author8 ized to negotiate and enter into leases, subleases, conces9 sion contracts, or other agreements for the use of such 

10 facilities on such terms and conditions as the Secretary 

11 may determine reasonable: Provided, That for the pur12 poses of 54 U.S.C. 200306(a), such lands, waters, or in13 terests therein shall be considered to be within the exterior 

14 boundary of a System unit authorized or established. 

15 OUTER CONTINENTAL SHELF INSPECTION FEES

16 SEC. 107. (a) In fiscal year 2023, the Secretary of 

17 the Interior shall collect a nonrefundable inspection fee, 

18 which shall be deposited in the ‘‘Offshore Safety and Envi19 ronmental Enforcement’’ account, from the designated op20 erator for facilities subject to inspection under 43 U.S.C. 

21 1348(c). 

22 (b) Annual fees shall be collected for facilities that 

23 are above the waterline, excluding drilling rigs, and are 

24 in place at the start of the fiscal year. Fees for fiscal year 

25 2023 shall be— 


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1 (1) $11,725 for facilities with no wells, but with 

2 processing equipment or gathering lines; 

3 (2) $18,984 for facilities with 1 to 10 wells, 

4 with any combination of active or inactive wells; and 

5 (3) $35,176 for facilities with more than 10 

6 wells, with any combination of active or inactive 

7 wells. 

8 (c) Fees shall be assessed for facilities that are above 

9 the waterline, excluding drilling rigs, and require follow10 up inspections. Fees for fiscal year 2023 shall be— 

11 (1) $5,863 for facilities with no wells, but with 

12 processing or gathering lines; 

13 (2) $9,492 for facilities with 1 to 10 wells, with 

14 any combination of active or inactive wells; and 

15 (3) $17,588 for facilities with more than 10 

16 wells, with any combination of active or inactive 

17 wells. 

18 (d) Fees for drilling rigs shall be assessed for all in19 spections completed in fiscal year 2023. Fees for fiscal 

20 year 2023 shall be— 

21 (1) $34,059 per inspection for rigs operating in 

22 water depths of 500 feet or more; and 

23 (2) $18,649 per inspection for rigs operating in 

24 water depths of less than 500 feet. 


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1 (e) Fees for inspection of well operations conducted 

2 via non-rig units as outlined in title 30 CFR 250 subparts 

3 D, E, F, and Q shall be assessed for all inspections com4 pleted in fiscal year 2023. Fees for fiscal year 2023 shall 

5 be— 

6 (1) $13,260 per inspection for non-rig units op7 erating in water depths of 2,500 feet or more; 

8 (2) $11,530 per inspection for non-rig units op9 erating in water depths between 500 and 2,499 feet; 

10 and 

11 (3) $4,470 per inspection for non-rig units op12 erating in water depths of less than 500 feet. 

13 (f) The Secretary shall bill designated operators 

14 under subsection (b) quarterly, with payment required 

15 within 30 days of billing. The Secretary shall bill des16 ignated operators under subsections (c) and (d) within 30 

17 days of the end of the month in which the inspection oc18 curred, with payment required within 30 days of billing. 

19 The Secretary shall bill designated operators under sub20 section (e) with payment required by the end of the fol21 lowing quarter. 

22 CONTRACTS AND AGREEMENTS FOR WILD HORSE AND

23 BURRO HOLDING FACILITIES

24 SEC. 108. Notwithstanding any other provision of 

25 this Act, the Secretary of the Interior may enter into 


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1 multiyear cooperative agreements with nonprofit organiza2 tions and other appropriate entities, and may enter into 

3 multiyear contracts in accordance with the provisions of 

4 section 3903 of title 41, United States Code (except that 

5 the 5-year term restriction in subsection (a) shall not 

6 apply), for the long-term care and maintenance of excess 

7 wild free roaming horses and burros by such organizations 

8 or entities on private land. Such cooperative agreements 

9 and contracts may not exceed 10 years, subject to renewal 

10 at the discretion of the Secretary. 

11 MASS MARKING OF SALMONIDS

12 SEC. 109. The United States Fish and Wildlife Serv13 ice shall, in carrying out its responsibilities to protect 

14 threatened and endangered species of salmon, implement 

15 a system of mass marking of salmonid stocks, intended 

16 for harvest, that are released from federally operated or 

17 federally financed hatcheries including but not limited to 

18 fish releases of coho, chinook, and steelhead species. 

19 Marked fish must have a visible mark that can be readily 

20 identified by commercial and recreational fishers. 

21 CONTRACTS AND AGREEMENTS WITH INDIAN AFFAIRS

22 SEC. 110. Notwithstanding any other provision of 

23 law, during fiscal year 2023, in carrying out work involv24 ing cooperation with State, local, and Tribal governments 

25 or any political subdivision thereof, Indian Affairs may 


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1 record obligations against accounts receivable from any 

2 such entities, except that total obligations at the end of 

3 the fiscal year shall not exceed total budgetary resources 

4 available at the end of the fiscal year. 

5 DEPARTMENT OF THE INTERIOR EXPERIENCED SERVICES

6 PROGRAM

7 SEC. 111. (a) Notwithstanding any other provision 

8 of law relating to Federal grants and cooperative agree9 ments, the Secretary of the Interior is authorized to make 

10 grants to, or enter into cooperative agreements with, pri11 vate nonprofit organizations designated by the Secretary 

12 of Labor under title V of the Older Americans Act of 1965 

13 to utilize the talents of older Americans in programs au14 thorized by other provisions of law administered by the 

15 Secretary and consistent with such provisions of law. 

16 (b) Prior to awarding any grant or agreement under 

17 subsection (a), the Secretary shall ensure that the agree18 ment would not— 

19 (1) result in the displacement of individuals 

20 currently employed by the Department, including 

21 partial displacement through reduction of non-over22 time hours, wages, or employment benefits; 

23 (2) result in the use of an individual under the 

24 Department of the Interior Experienced Services 

25 Program for a job or function in a case in which a 


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1 Federal employee is in a layoff status from the same 

2 or substantially equivalent job within the Depart3 ment; or 

4 (3) affect existing contracts for services. 

5 OBLIGATION OF FUNDS

6 SEC. 112. Amounts appropriated by this Act to the 

7 Department of the Interior shall be available for obligation 

8 and expenditure not later than 60 days after the date of 

9 enactment of this Act. 

10 SEPARATION OF ACCOUNTS

11 SEC. 113. The Secretary of the Interior, in order to 

12 implement an orderly transition to separate accounts of 

13 the Bureau of Indian Affairs and the Bureau of Indian 

14 Education, may transfer funds among and between the 

15 successor offices and bureaus affected by the reorganiza16 tion only in conformance with the reprogramming guide17 lines described in this Act. 

18 PAYMENTS IN LIEU OF TAXES (PILT)

19 SEC. 114. Section 6906 of title 31, United States 

20 Code, shall be applied by substituting ‘‘fiscal year 2023’’ 

21 for ‘‘fiscal year 2019’’. 

22 DISCLOSURE OF DEPARTURE OR ALTERNATE PROCEDURE

23 APPROVAL

24 SEC. 115. (a) Subject to subsection (b), in any case 

25 in which the Bureau of Safety and Environmental EnVerDate Sep 11 2014 00:04 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\S4686.IS S4686

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1 forcement or the Bureau of Ocean Energy Management 

2 prescribes or approves any departure or use of alternate 

3 procedure or equipment, in regards to a plan or permit, 

4 under 30 CFR 585.103; 30 CFR 550.141; 30 CFR 

5 550.142; 30 CFR 250.141; or 30 CFR 250.142, the head 

6 of such bureau shall post a description of such departure 

7 or alternate procedure or equipment use approval on such 

8 bureau’s publicly available website not more than 15 busi9 ness days after such issuance. 

10 (b) The head of each bureau may exclude confidential 

11 business information. 

12 INTERAGENCY MOTOR POOL

13 SEC. 116. Notwithstanding any other provision of law 

14 or Federal regulation, federally recognized Indian Tribes 

15 or authorized Tribal organizations that receive Tribally16 Controlled School Grants pursuant to Public Law 100– 

17 297 may obtain interagency motor vehicles and related 

18 services for performance of any activities carried out 

19 under such grants to the same extent as if they were con20 tracting under the Indian Self-Determination and Edu21 cation Assistance Act. 

22 DELAWARE WATER GAP AUTHORITY

23 SEC. 117. Section 4(b) of The Delaware Water Gap 

24 National Recreation Area Improvement Act, as amended 


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1 by section 1 of Public Law 115–101, shall be applied by 

2 substituting ‘‘2023’’ for ‘‘2021’’. 

3 NATIONAL HERITAGE AREAS AND CORRIDORS

4 SEC. 118. (a) Section 109(a) of the Quinebaug and 

5 Shetucket Rivers Valley National Heritage Corridor Act 

6 of 1994 (title I of Public Law 103–449), is amended by 

7 striking ‘‘$17,000,000’’ and inserting ‘‘$19,000,000’’. 

8 (b) Section 409(a) of the Steel Industry American 

9 Heritage Area Act of 1996 (title IV of division II of Public 

10 Law 104–333) is amended by striking ‘‘$20,000,000’’ and 

11 inserting ‘‘$22,000,000’’. 

12 (c) Section 608(a) of the South Carolina National 

13 Heritage Corridor Act of 1996 (title VI of division II of 

14 Public Law 104–333) is amended by striking 

15 ‘‘$17,000,000’’ and inserting ‘‘$19,000,000’’. 

16 (d) Subsection 157(h)(1) of the Wheeling National 

17 Heritage Area Act of 2000 (section 157 of Public Law 

18 106–291) is amended by striking ‘‘$15,000,000’’ and in19 serting ‘‘$17,000,000’’. 

20 (e) Sections 411, 432, and 451 of title IV of the Con21 solidated Natural Resources Act of 2008 (Public Law 

22 110–229), are each amended by striking ‘‘the date that 

23 is 15 years after the date of’’ and all that follows through 

24 the end of each section and inserting ‘‘September 30, 

25 2024.’’. 


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1 (f) Section 512 of the National Aviation Heritage 

2 Area Act (title V of division J of Public Law 108–447), 

3 is amended by striking ‘‘2022’’ and inserting ‘‘2024’’. 

4 (g) Section 608 of the Oil Region National Heritage 

5 Area Act (title VI of Public Law 108–447) is amended 

6 by striking ‘‘2022’’ and inserting ‘‘2024’’. 

7 (h) Section 125(a) of Public Law 98–398, as amend8 ed by section 402 of Public Law 109–338 (120 Stat. 

9 1853), is amended by striking ‘‘$10,000,000’’ and insert10 ing ‘‘$12,000,000’’. 

11 APPRAISER PAY AUTHORITY

12 SEC. 119. For fiscal year 2023, funds made available 

13 in this or any other Act or otherwise made available to 

14 the Department of the Interior for the Appraisal and 

15 Valuation Services Office may be used by the Secretary 

16 of the Interior to establish higher minimum rates of basic 

17 pay for employees of the Department of the Interior in 

18 the Appraiser (GS–1171) job series at grades 11 through 

19 15 carrying out appraisals of real property and appraisal 

20 reviews conducted in support of the Department’s realty 

21 programs at rates no greater than 15 percent above the 

22 minimum rates of basic pay normally scheduled, and such 

23 higher rates shall be consistent with subsections (e) 

24 through (h) of section 5305 of title 5, United States Code. 


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1 ONSHORE OIL AND GAS INSPECTION FEE

2 SEC. 120. (a) ONSHORE OIL AND GAS INSPECTION

3 FEES.—The designated operator under each oil and gas 

4 lease on Federal or Indian lands, or under each unit and 

5 communitization agreement that includes one or more 

6 such Federal or Indian leases, that is subject to inspection 

7 under section 108(b) of the Federal Oil and Gas Royalty 

8 Management Act of 1982 (30 U.S.C. 1718(b)) and that 

9 is in force at the start of fiscal year 2022 shall pay a non10 refundable annual inspection fee that the Bureau of Land 

11 Management (BLM) shall collect and deposit in the Man12 agement of Lands and Resources account. 

13 (b) Fees for fiscal year 2023 shall be— 

14 (1) $1,560 for each lease or unit or 

15 communitization agreement with 1 to 10 wells, with 

16 any combination of active or inactive wells; 

17 (2) $7,000 for each lease or unit or 

18 communitization agreement with 11 to 50 wells, with 

19 any combination of active or inactive wells; and 

20 (3) $14,000 for each lease or unit or 

21 communitization agreement with more than 50 wells, 

22 with any combination of active or inactive wells. 

23 (c) BLM shall bill designated operators within 60 

24 days of enactment of this Act, with payment required 

25 within 30 days of billing. 


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1 (d) PENALTY.—If the designated operator fails to 

2 pay the full amount of the fee as prescribed in this section, 

3 the Secretary may, in addition to utilizing any other appli4 cable enforcement authority, assess civil penalties against 

5 the operator in the same manner as if this section were 

6 a mineral leasing law as defined in paragraph (8) of sec7 tion 3 of Public Law 97–451 (30 U.S.C. 1702(8)), as 

8 amended. 

9 (e) EXEMPTION FOR TRIBAL OPERATORS.—An oper10 ator that is a Tribe or is controlled by a Tribe is not sub11 ject to subsection (a) with respect to a lease, unit, or 

12 communitization agreement that is located entirely on the 

13 lands of such Tribe. 

14 DECOMMISSIONING ACCOUNT

15 SEC. 121. The fifth and sixth provisos under the 

16 amended heading ‘‘Royalty and Offshore Minerals Man17 agement’’ for the Minerals Management Service in Public 

18 Law 101–512 (104 Stat. 1926, as amended) (43 U.S.C. 

19 1338a) are further amended by striking and replacing 

20 them with—‘‘Provided further, That notwithstanding sec21 tion 3302 of title 31, any moneys hereafter received as 

22 a result of the forfeiture of a bond or other security by 

23 an Outer Continental Shelf permittee, lessee, or right-of24 way holder that does not fulfill the requirements of its per25 mit, lease, or right-of-way or does not comply with the regVerDate Sep 11 2014 00:04 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\S4686.IS S4686

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1 ulations of the Secretary, or as a bankruptcy distribution 

2 or settlement associated with such failure or noncompli3 ance, shall be credited to a separate account established 

4 in the Treasury for decommissioning activities and shall 

5 be available to the Bureau of Ocean Energy Management 

6 without further appropriation or fiscal year limitation to 

7 cover the cost to the United States of any improvement, 

8 protection, rehabilitation, or decommissioning work ren9 dered necessary by the action or inaction that led to the 

10 forfeiture or bankruptcy distribution or settlement, to re11 main available until expended: Provided further, That 

12 amounts deposited into the decommissioning account may 

13 be allocated to the Bureau of Safety and Environmental 

14 Enforcement for such costs: Provided further, That any 

15 moneys received for such costs currently held in the Ocean 

16 Energy Management account shall be transferred to the 

17 decommissioning account: Provided further, That any por18 tion of the moneys so credited shall be returned to the 

19 bankruptcy estate, permittee, lessee, or right-of-way hold20 er to the extent that the money is in excess of the amount 

21 expended in performing the work necessitated by the ac22 tion or inaction which led to their receipt or, if the bond 

23 or security was forfeited for failure to pay the civil penalty, 

24 in excess of the civil penalty imposed.’’. 


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1 STATE CONSERVATION GRANTS

2 SEC. 122. For expenses necessary to carry out section 

3 200305 of title 54, United States Code, the National Park 

4 Service may retain up to 7 percent of the State Conserva5 tion Grants program to provide to States, the District of 

6 Columbia, and insular areas, as matching grants to sup7 port state program administrative costs. 

8 LOWELL NATIONAL HISTORIC PARK

9 SEC. 123. Section 103(a) of Public Law 95–290 (16 

10 U.S.C. 410cc–13(a); 92 Stat. 292) is amended by striking 

11 paragraph (1) and redesignating paragraph (2) as para12 graph (1). 

13 VISITOR EXPERIENCE IMPROVEMENT AUTHORITY

14 SEC. 124. Section 101938 of title 54, United States 

15 Code, is amended by striking ‘‘7’’ and inserting ‘‘9’’. 

16 BORDER MITIGATION

17 SEC. 125. The Secretary of the Interior is authorized 

18 to accept transfers of funds from the Secretary of Home19 land Security for mitigation activities, including land ac20 quisition, related to construction of border barriers on 

21 Federal lands and to supplement any other funding avail22 able for reconstruction or repair of roads owned by the 

23 Bureau of Indian Affairs as identified on the National 

24 Tribal Transportation Facility Inventory, 23 U.S.C. 

25 202(b)(1). 


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1 TITLE II 

2 ENVIRONMENTAL PROTECTION AGENCY 

3 SCIENCE AND TECHNOLOGY

4 For science and technology, including research and 

5 development activities, which shall include research and 

6 development activities under the Comprehensive Environ7 mental Response, Compensation, and Liability Act of 

8 1980; necessary expenses for personnel and related costs 

9 and travel expenses; procurement of laboratory equipment 

10 and supplies; hire, maintenance, and operation of aircraft; 

11 and other operating expenses in support of research and 

12 development, $853,388,000, to remain available until Sep13 tember 30, 2024: Provided, That of the funds included 

14 under this heading, $22,751,000 shall be for Research: 

15 National Priorities as specified in the explanatory state16 ment accompanying this Act, of which $13,251,000 shall 

17 be for projects specified for Science and Technology in the 

18 table titled ‘‘Congressionally Directed Spending Items’’ in19 cluded in the explanatory statement accompanying this 

20 Act. 

21 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

22 For environmental programs and management, in23 cluding necessary expenses not otherwise provided for, for 

24 personnel and related costs and travel expenses; hire of 

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1 ation of aircraft; purchase of reprints; library member2 ships in societies or associations which issue publications 

3 to members only or at a price to members lower than to 

4 subscribers who are not members; administrative costs of 

5 the brownfields program under the Small Business Liabil6 ity Relief and Brownfields Revitalization Act of 2002; im7 plementation of a coal combustion residual permit pro8 gram under section 2301 of the Water and Waste Act of 

9 2016; and not to exceed $9,000 for official reception and 

10 representation expenses, $3,577,153,000, to remain avail11 able until September 30, 2024: Provided, That funds in12 cluded under this heading may be used for environmental 

13 justice implementation and training grants, and associated 

14 program support costs: Provided further, That of the funds 

15 included under this heading— 

16 (1) $30,700,000 shall be for Environmental 

17 Protection: National Priorities as specified in the ex18 planatory statement accompanying this Act; 

19 (2) $617,069,000 shall be for Geographic Pro20 grams as specified in the explanatory statement ac21 companying this Act; and 

22 (3) $11,000,000, to remain available until ex23 pended, shall be for grants, including grants that 

24 may be awarded on a non-competitive basis, inter25 agency agreements, and associated program support 


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1 costs to establish and implement a program to assist 

2 Alaska Native Regional Corporations, Alaskan Na3 tive Villages, and intertribal consortia comprised of 

4 Alaskan Native Villages to address contamination on 

5 lands conveyed under or pursuant to the Alaska Na6 tive Claims Settlement Act (43 U.S.C. 1601 et seq.) 

7 that were or are contaminated at the time of convey8 ance and are on an inventory of such lands devel9 oped and maintained by the State of Alaska, of 

10 which up to $1,000,000 shall be for grants to the 

11 State of Alaska for development and maintenance of 

12 such inventory of such lands, of which not more 

13 than 15 percent may be used for administrative and 

14 other overhead expenses of the State of Alaska: Pro15 vided, That grants awarded using funds made avail16 able in this paragraph may be used by a recipient 

17 to supplement other funds provided by the Environ18 mental Protection Agency through individual media 

19 or multi-media grants or cooperative agreements: 

20 Provided further, That of the amounts made avail21 able in this paragraph, in addition to amounts other22 wise available for such purposes, the Environmental 

23 Protection Agency may reserve up to $2,000,000 for 

24 salaries, expenses, and administration. 


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1 In addition, $9,000,000, to remain available until ex2 pended, for necessary expenses of activities described in 

3 section 26(b)(1) of the Toxic Substances Control Act (15 

4 U.S.C. 2625(b)(1)): Provided, That fees collected pursu5 ant to that section of that Act and deposited in the ‘‘TSCA 

6 Service Fee Fund’’ as discretionary offsetting receipts in 

7 fiscal year 2023 shall be retained and used for necessary 

8 salaries and expenses in this appropriation and shall re9 main available until expended: Provided further, That the 

10 sum herein appropriated in this paragraph from the gen11 eral fund for fiscal year 2023 shall be reduced by the 

12 amount of discretionary offsetting receipts received during 

13 fiscal year 2023, so as to result in a final fiscal year 2023 

14 appropriation from the general fund estimated at not more 

15 than $0: Provided further, That to the extent that amounts 

16 realized from such receipts exceed $9,000,000, those 

17 amount in excess of $9,000,000 shall be deposited in the 

18 ‘‘TSCA Service Fee Fund’’ as discretionary offsetting re19 ceipts in fiscal year 2023, shall be retained and used for 

20 necessary salaries and expenses in this account, and shall 

21 remain available until expended: Provided further, That of 

22 the funds included in the first paragraph under this head23 ing, the Chemical Risk Review and Reduction program 

24 project shall be allocated for this fiscal year, excluding the 

25 amount of any fees appropriated, not less than the amount 


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1 of appropriations for that program project for fiscal year 

2 2014. 

3 OFFICE OF INSPECTOR GENERAL

4 For necessary expenses of the Office of Inspector 

5 General in carrying out the provisions of the Inspector 

6 General Act of 1978, $49,754,000, to remain available 

7 until September 30, 2024. 

8 BUILDINGS AND FACILITIES

9 For construction, repair, improvement, extension, al10 teration, and purchase of fixed equipment or facilities of, 

11 or for use by, the Environmental Protection Agency, 

12 $59,572,000, to remain available until expended. 

13 HAZARDOUS SUBSTANCE SUPERFUND

14 (INCLUDING TRANSFERS OF FUNDS)

15 For necessary expenses to carry out the Comprehen16 sive Environmental Response, Compensation, and Liabil17 ity Act of 1980 (CERCLA), including sections 111(c)(3), 

18 (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and hire, 

19 maintenance, and operation of aircraft, $1,294,312,000, 

20 to remain available until expended, consisting of such 

21 sums as are available in the Trust Fund on September 

22 30, 2022, and not otherwise appropriated from the Trust 

23 Fund, as authorized by section 517(a) of the Superfund 

24 Amendments and Reauthorization Act of 1986 (SARA) 

25 and up to $1,294,312,000 as a payment from general revVerDate Sep 11 2014 00:04 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\S4686.IS S4686

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1 enues to the Hazardous Substance Superfund for purposes 

2 as authorized by section 517(b) of SARA: Provided, That 

3 funds appropriated under this heading may be allocated 

4 to other Federal agencies in accordance with section 

5 111(a) of CERCLA: Provided further, That of the funds 

6 appropriated under this heading, $12,062,000 shall be 

7 paid to the ‘‘Office of Inspector General’’ appropriation 

8 to remain available until September 30, 2024, and 

9 $31,368,000 shall be paid to the ‘‘Science and Tech10 nology’’ appropriation to remain available until September 

11 30, 2024. 

12 LEAKING UNDERGROUND STORAGE TANK TRUST FUND

13 PROGRAM

14 For necessary expenses to carry out leaking under15 ground storage tank cleanup activities authorized by sub16 title I of the Solid Waste Disposal Act, $93,814,000, to 

17 remain available until expended, of which $67,145,000 

18 shall be for carrying out leaking underground storage tank 

19 cleanup activities authorized by section 9003(h) of the 

20 Solid Waste Disposal Act; $26,669,000 shall be for car21 rying out the other provisions of the Solid Waste Disposal 

22 Act specified in section 9508(c) of the Internal Revenue 

23 Code: Provided, That the Administrator is authorized to 

24 use appropriations made available under this heading to 

25 implement section 9013 of the Solid Waste Disposal Act 


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1 to provide financial assistance to federally recognized In2 dian Tribes for the development and implementation of 

3 programs to manage underground storage tanks. 

4 INLAND OIL SPILL PROGRAMS

5 For expenses necessary to carry out the Environ6 mental Protection Agency’s responsibilities under the Oil 

7 Pollution Act of 1990, including hire, maintenance, and 

8 operation of aircraft, $26,502,000, to be derived from the 

9 Oil Spill Liability trust fund, to remain available until ex10 pended. 

11 STATE AND TRIBAL ASSISTANCE GRANTS

12 For environmental programs and infrastructure as13 sistance, including capitalization grants for State revolv14 ing funds and performance partnership grants, 

15 $4,612,141,000, to remain available until expended, of 

16 which— 

17 (1) $1,688,847,000 shall be for making capital18 ization grants for the Clean Water State Revolving 

19 Funds under title VI of the Federal Water Pollution 

20 Control Act; and of which $1,176,095,000 shall be 

21 for making capitalization grants for the Drinking 

22 Water State Revolving Funds under section 1452 of 

23 the Safe Drinking Water Act: Provided, That 

24 $335,606,000 of the funds made available for cap25 italization grants for the Clean Water State RevolvVerDate Sep 11 2014 00:04 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\S4686.IS S4686

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1 ing Funds and $229,610,000 of the funds made 

2 available for capitalization grants for the Drinking 

3 Water State Revolving Funds shall be for the con4 struction of drinking water, wastewater, and storm 

5 water infrastructure and for water quality protection 

6 in accordance with the terms and conditions speci7 fied for such grants in the explanatory statement ac8 companying this Act for projects specified for 

9 ‘‘STAG—Drinking Water SRF’’, ‘‘STAG—Clean 

10 Water SRF’’, and ‘‘STAG—Drinking Water SRF; 

11 Clean Water SRF’’ in the table titled ‘‘Congression12 ally Directed Spending Items’’ included in the ex13 planatory statement accompanying this Act, and, for 

14 purposes of these grants, each grantee shall con15 tribute not less than 20 percent of the cost of the 

16 project unless the grantee is approved for a waiver 

17 by the Agency: Provided further, That for fiscal year 

18 2023, to the extent there are sufficient eligible 

19 project applications and projects are consistent with 

20 State Intended Use Plans, not less than 10 percent 

21 of the funds made available under this title to each 

22 State for Clean Water State Revolving Fund capital23 ization grants shall be used by the State for projects 

24 to address green infrastructure, water or energy effi25 ciency improvements, or other environmentally innoVerDate Sep 11 2014 00:04 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\S4686.IS S4686

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1 vative activities: Provided further, That for fiscal 

2 year 2023, funds made available under this title to 

3 each State for Drinking Water State Revolving 

4 Fund capitalization grants may, at the discretion of 

5 each State, be used for projects to address green in6 frastructure, water or energy efficiency improve7 ments, or other environmentally innovative activities: 

8 Provided further, That the Administrator is author9 ized to use up to $1,500,000 of funds made available 

10 for the Clean Water State Revolving Funds under 

11 this heading under title VI of the Federal Water 

12 Pollution Control Act (33 U.S.C. 1381) to conduct 

13 the Clean Watersheds Needs Survey: Provided fur14 ther, That notwithstanding section 603(d)(7) of the 

15 Federal Water Pollution Control Act, the limitation 

16 on the amounts in a State water pollution control re17 volving fund that may be used by a State to admin18 ister the fund shall not apply to amounts included 

19 as principal in loans made by such fund in fiscal 

20 year 2023 and prior years where such amounts rep21 resent costs of administering the fund to the extent 

22 that such amounts are or were deemed reasonable by 

23 the Administrator, accounted for separately from 

24 other assets in the fund, and used for eligible pur25 poses of the fund, including administration: Provided 


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1 further, That for fiscal year 2023, notwithstanding 

2 the provisions of subsections (g)(1), (h), and (l) of 

3 section 201 of the Federal Water Pollution Control 

4 Act, grants made under title II of such Act for 

5 American Samoa, Guam, the Commonwealth of the 

6 Northern Marianas, the United States Virgin Is7 lands, and the District of Columbia may also be 

8 made for the purpose of providing assistance: (A) 

9 solely for facility plans, design activities, or plans, 

10 specifications, and estimates for any proposed 

11 project for the construction of treatment works; and 

12 (B) for the construction, repair, or replacement of 

13 privately owned treatment works serving one or 

14 more principal residences or small commercial estab15 lishments: Provided further, That for fiscal year 

16 2023, notwithstanding the provisions of such sub17 sections (g)(1), (h), and (l) of section 201 and sec18 tion 518(c) of the Federal Water Pollution Control 

19 Act, funds reserved by the Administrator for grants 

20 under section 518(c) of the Federal Water Pollution 

21 Control Act may also be used to provide assistance: 

22 (A) solely for facility plans, design activities, or 

23 plans, specifications, and estimates for any proposed 

24 project for the construction of treatment works; and 

25 (B) for the construction, repair, or replacement of 


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1 privately owned treatment works serving one or 

2 more principal residences or small commercial estab3 lishments: Provided further, That for fiscal year 

4 2023, notwithstanding any provision of the Federal 

5 Water Pollution Control Act and regulations issued 

6 pursuant thereof, up to a total of $2,000,000 of the 

7 funds reserved by the Administrator for grants 

8 under section 518(c) of such Act may also be used 

9 for grants for training, technical assistance, and 

10 educational programs relating to the operation and 

11 management of the treatment works specified in sec12 tion 518(c) of such Act: Provided further, That for 

13 fiscal year 2023, funds reserved under section 

14 518(c) of such Act shall be available for grants only 

15 to Indian Tribes, as defined in section 518(h) of 

16 such Act and former Indian reservations in Okla17 homa (as determined by the Secretary of the Inte18 rior) and Native Villages as defined in Public Law 

19 92–203: Provided further, That for fiscal year 2023, 

20 notwithstanding the limitation on amounts in section 

21 518(c) of the Federal Water Pollution Control Act, 

22 up to a total of 2 percent of the funds appropriated, 

23 or $30,000,000, whichever is greater, and notwith24 standing the limitation on amounts in section 

25 1452(i) of the Safe Drinking Water Act, up to a 


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1 total of 2 percent of the funds appropriated, or 

2 $20,000,000, whichever is greater, for State Revolv3 ing Funds under such Acts may be reserved by the 

4 Administrator for grants under section 518(c) and 

5 section 1452(i) of such Acts: Provided further, That 

6 for fiscal year 2023, notwithstanding the amounts 

7 specified in section 205(c) of the Federal Water Pol8 lution Control Act, up to 1.5 percent of the aggre9 gate funds appropriated for the Clean Water State 

10 Revolving Fund program under the Act less any 

11 sums reserved under section 518(c) of the Act, may 

12 be reserved by the Administrator for grants made 

13 under title II of the Federal Water Pollution Control 

14 Act for American Samoa, Guam, the Commonwealth 

15 of the Northern Marianas, and United States Virgin 

16 Islands: Provided further, That for fiscal year 2023, 

17 notwithstanding the limitations on amounts specified 

18 in section 1452(j) of the Safe Drinking Water Act, 

19 up to 1.5 percent of the funds appropriated for the 

20 Drinking Water State Revolving Fund programs 

21 under the Safe Drinking Water Act may be reserved 

22 by the Administrator for grants made under section 

23 1452(j) of the Safe Drinking Water Act: Provided 

24 further, That 10 percent of the funds made available 

25 under this title to each State for Clean Water State 


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1 Revolving Fund capitalization grants and 14 percent 

2 of the funds made available under this title to each 

3 State for Drinking Water State Revolving Fund cap4 italization grants shall be used by the State to pro5 vide additional subsidy to eligible recipients in the 

6 form of forgiveness of principal, negative interest 

7 loans, or grants (or any combination of these), and 

8 shall be so used by the State only where such funds 

9 are provided as initial financing for an eligible re10 cipient or to buy, refinance, or restructure the debt 

11 obligations of eligible recipients only where such debt 

12 was incurred on or after the date of enactment of 

13 this Act, or where such debt was incurred prior to 

14 the date of enactment of this Act if the State, with 

15 concurrence from the Administrator, determines that 

16 such funds could be used to help address a threat 

17 to public health from heightened exposure to lead in 

18 drinking water or if a Federal or State emergency 

19 declaration has been issued due to a threat to public 

20 health from heightened exposure to lead in a munic21 ipal drinking water supply before the date of enact22 ment of this Act: Provided further, That in a State 

23 in which such an emergency declaration has been 

24 issued, the State may use more than 14 percent of 

25 the funds made available under this title to the 


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1 State for Drinking Water State Revolving Fund cap2 italization grants to provide additional subsidy to eli3 gible recipients: Provided further, That notwith4 standing section 1452(o) of the Safe Drinking Water 

5 Act (42 U.S.C. 300j–12(o)), the Administrator shall 

6 reserve $12,000,000 of the amounts made available 

7 for fiscal year 2023 for making capitalization grants 

8 for the Drinking Water State Revolving Funds to 

9 pay the costs of monitoring for unregulated contami10 nants under section 1445(a)(2)(C) of such Act: Pro11 vided further, That, in addition to amounts otherwise 

12 available for such purposes, the Administrator may 

13 reserve up to $20,000,000 of the funds appropriated 

14 under this heading for capitalization grants for the 

15 State Revolving Funds for salaries, expenses, and 

16 administration for grants for projects specified for 

17 ‘‘STAG—Drinking Water SRF’’, ‘‘STAG—Clean 

18 Water SRF’’, and ‘‘STAG—Drinking Water SRF; 

19 Clean Water SRF’’ in both the table titled ‘‘Con20 gressionally Directed Spending Items’’ included in 

21 the explanatory statement accompanying this Act 

22 and in the table titled ‘‘Interior and Environment 

23 Incorporation of Community Project Funding Items/ 

24 Congressionally Directed Spending Items’’ included 

25 in the explanatory statement described in section 4 


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1 (in the matter preceding division A of Public Law 

2 117–103): Provided further, That of the unobligated 

3 balances from amounts made available under this 

4 heading prior to fiscal year 2012 for the administra5 tion, management, and oversight of ‘‘special project 

6 grants’’ or ‘‘special needs infrastructure grants’’, 

7 $10,700,000 shall, hereafter, in addition to amounts 

8 otherwise available for such purposes, also be avail9 able for salaries, expenses, and administration of 

10 Community Project Funding Items/Congressionally 

11 Directed Spending Items, including such salaries, 

12 expenses, and administration for grants for projects 

13 described in the preceding proviso; 

14 (2) $37,000,000 shall be for architectural, engi15 neering, planning, design, construction and related 

16 activities in connection with the construction of high 

17 priority water and wastewater facilities in the area 

18 of the United States-Mexico Border, after consulta19 tion with the appropriate border commission: Pro20 vided, That no funds provided by this appropriations 

21 Act to address the water, wastewater and other crit22 ical infrastructure needs of the colonias in the 

23 United States along the United States-Mexico bor24 der shall be made available to a county or municipal 

25 government unless that government has established 


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1 an enforceable local ordinance, or other zoning rule, 

2 which prevents in that jurisdiction the development 

3 or construction of any additional colonia areas, or 

4 the development within an existing colonia the con5 struction of any new home, business, or other struc6 ture which lacks water, wastewater, or other nec7 essary infrastructure; 

8 (3) $45,186,000 shall be for grants to the State 

9 of Alaska to address drinking water and wastewater 

10 infrastructure needs of rural and Alaska Native Vil11 lages: Provided, That of these funds: (A) the State 

12 of Alaska shall provide a match of 25 percent; (B) 

13 no more than 5 percent of the funds may be used 

14 for administrative and overhead expenses; and (C) 

15 the State of Alaska shall make awards consistent 

16 with the Statewide priority list established in con17 junction with the Agency and the U.S. Department 

18 of Agriculture for all water, sewer, waste disposal, 

19 and similar projects carried out by the State of Alas20 ka that are funded under section 221 of the Federal 

21 Water Pollution Control Act (33 U.S.C. 1301) or 

22 the Consolidated Farm and Rural Development Act 

23 (7 U.S.C. 1921 et seq.) which shall allocate not less 

24 than 25 percent of the funds provided for projects 

25 in regional hub communities; 


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1 (4) $95,987,000 shall be to carry out section 

2 104(k) of the Comprehensive Environmental Re3 sponse, Compensation, and Liability Act of 1980 

4 (CERCLA), including grants, interagency agree5 ments, and associated program support costs: Pro6 vided, That at least 10 percent shall be allocated for 

7 assistance in persistent poverty counties: Provided 

8 further, That for purposes of this section, the term 

9 ‘‘persistent poverty counties’’ means any county that 

10 has had 20 percent or more of its population living 

11 in poverty over the past 30 years, as measured by 

12 the 1993 Small Area Income and Poverty Estimates, 

13 the 2000 decennial census, and the most recent 

14 Small Area Income and Poverty Estimates, or any 

15 territory or possession of the United States; 

16 (5) $96,000,000 shall be for grants under title 

17 VII, subtitle G of the Energy Policy Act of 2005; 

18 (6) $61,927,000 shall be for targeted airshed 

19 grants in accordance with the terms and conditions 

20 in the explanatory statement accompanying this Act; 

21 (7) $31,158,000 shall be for grants under sub22 sections (a) through (j) of section 1459A of the Safe 

23 Drinking Water Act (42 U.S.C. 300j–19a); 


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1 (8) $31,500,000 shall be for grants under sec2 tion 1464(d) of the Safe Drinking Water Act (42 

3 U.S.C. 300j–24(d)); 

4 (9) $26,011,000 shall be for grants under sec5 tion 1459B of the Safe Drinking Water Act (42 

6 U.S.C. 300j–19b); 

7 (10) $7,000,000 shall be for grants under sec8 tion 1459A(l) of the Safe Drinking Water Act (42 

9 U.S.C. 300j–19a(l)); 

10 (11) $24,000,000 shall be for grants under sec11 tion 104(b)(8) of the Federal Water Pollution Con12 trol Act (33 U.S.C. 1254(b)(8)); 

13 (12) $51,000,000 shall be for grants under sec14 tion 221 of the Federal Water Pollution Control Act 

15 (33 U.S.C. 1301); 

16 (13) $6,000,000 shall be for grants under sec17 tion 4304(b) of the America’s Water Infrastructure 

18 Act of 2018 (Public Law 115–270); 

19 (14) $10,000,000 shall be for carrying out sec20 tion 302(a) of the Save Our Seas 2.0 Act (33 U.S.C. 

21 4283(a)), of which not more than 2 percent shall be 

22 for administrative costs to carry out such section: 

23 Provided, That notwithstanding section 302(a) of 

24 such Act, the Administrator may also provide grants 

25 pursuant to such authority to intertribal consortia 


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1 consistent with the requirements in 40 CFR 

2 35.504(a), to former Indian reservations in Okla3 homa (as determined by the Secretary of the Inte4 rior), and Alaska Native Villages as defined in Pub5 lic Law 92–203; 

6 (15) $10,000,000 shall be for grants under sec7 tion 103(b)(3) of the Clean Air Act for wildfire 

8 smoke preparedness grants in accordance with the 

9 terms and conditions in the explanatory statement 

10 accompanying this Act: Provided, That not more 

11 than 3 percent shall be for administrative costs to 

12 carry out such section; 

13 (16) $8,000,000 shall be for carrying out sec14 tion 2001 of the America’s Water Infrastructure Act 

15 of 2018 (Public Law 115–270, 42 U.S.C. 300j–3c 

16 note): Provided, That the Administrator may award 

17 grants to and enter into contracts with Tribes, inter18 tribal consortia, public or private agencies, institu19 tions, organizations, and individuals, without regard 

20 to section 3324(a) and (b) of title 31 and section 

21 6101 of title 41, United States Code, and enter into 

22 interagency agreements, as appropriate; 

23 (17) $5,000,000 shall be for grants under sec24 tion 220 of the Federal Water Pollution Control Act 

25 (33 U.S.C. 1300); 


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1 (18) $1,184,457,000 shall be for grants, includ2 ing associated program support costs, to States, fed3 erally recognized Tribes, interstate agencies, Tribal 

4 consortia, and air pollution control agencies for 

5 multi-media or single media pollution prevention, 

6 control and abatement, and related activities, includ7 ing activities pursuant to the provisions set forth 

8 under this heading in Public Law 104–134, and for 

9 making grants under section 103 of the Clean Air 

10 Act for particulate matter monitoring and data col11 lection activities subject to terms and conditions 

12 specified by the Administrator, and under section 

13 2301 of the Water and Waste Act of 2016 to assist 

14 States in developing and implementing programs for 

15 control of coal combustion residuals, of which: 

16 $47,195,000 shall be for carrying out section 128 of 

17 CERCLA; $10,336,000 shall be for Environmental 

18 Information Exchange Network grants, including as19 sociated program support costs; $1,505,000 shall be 

20 for grants to States under section 2007(f)(2) of the 

21 Solid Waste Disposal Act, which shall be in addition 

22 to funds appropriated under the heading ‘‘Leaking 

23 Underground Storage Tank Trust Fund Program’’ 

24 to carry out the provisions of the Solid Waste Dis25 posal Act specified in section 9508(c) of the Internal 


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1 Revenue Code other than section 9003(h) of the 

2 Solid Waste Disposal Act; $18,512,000 of the funds 

3 available for grants under section 106 of the Federal 

4 Water Pollution Control Act shall be for State par5 ticipation in national- and State-level statistical sur6 veys of water resources and enhancements to State 

7 monitoring programs; and 

8 (19) $16,973,000 shall be for State and Tribal 

9 Assistance Grants to be allocated in the amounts 

10 specified for those projects and for the purposes de11 lineated in the table titled ‘‘Congressionally Directed 

12 Spending Items’’ included in the explanatory state13 ment accompanying this Act for remediation, con14 struction, and related environmental management 

15 activities in accordance with the terms and condi16 tions specified for such grants in the explanatory 

17 statement accompanying this Act. 

18 WATER INFRASTRUCTURE FINANCE AND INNOVATION

19 PROGRAM ACCOUNT

20 For the cost of direct loans and for the cost of guar21 anteed loans, as authorized by the Water Infrastructure 

22 Finance and Innovation Act of 2014, $66,886,000, to re23 main available until expended: Provided, That such costs, 

24 including the cost of modifying such loans, shall be as de25 fined in section 502 of the Congressional Budget Act of 


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1 1974: Provided further, That these funds are available to 

2 subsidize gross obligations for the principal amount of di3 rect loans, including capitalized interest, and total loan 

4 principal, including capitalized interest, any part of which 

5 is to be guaranteed, not to exceed $12,500,000,000: Pro6 vided further, That of the funds made available under this 

7 heading, $5,000,000 shall be used solely for the cost of 

8 direct loans and for the cost of guaranteed loans for 

9 projects described in section 5026(9) of the Water Infra10 structure Finance and Innovation Act of 2014 to State 

11 infrastructure financing authorities, as authorized by sec12 tion 5033(e) of such Act: Provided further, That the use 

13 of direct loans or loan guarantee authority under this 

14 heading for direct loans or commitments to guarantee 

15 loans for any project shall be in accordance with the cri16 teria published in the Federal Register on June 30, 2020 

17 (85 FR 39189) pursuant to the fourth proviso under the 

18 heading ‘‘Water Infrastructure Finance and Innovation 

19 Program Account’’ in division D of the Further Consoli20 dated Appropriations Act, 2020 (Public Law 116–94): 

21 Provided further, That none of the direct loans or loan 

22 guarantee authority made available under this heading 

23 shall be available for any project unless the Administrator 

24 and the Director of the Office of Management and Budget 

25 have certified in advance in writing that the direct loan 


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1 or loan guarantee, as applicable, and the project comply 

2 with the criteria referenced in the previous proviso: Pro3 vided further, That, for the purposes of carrying out the 

4 Congressional Budget Act of 1974, the Director of the 

5 Congressional Budget Office may request, and the Admin6 istrator shall promptly provide, documentation and infor7 mation relating to a project identified in a Letter of Inter8 est submitted to the Administrator pursuant to a Notice 

9 of Funding Availability for applications for credit assist10 ance under the Water Infrastructure Finance and Innova11 tion Act Program, including with respect to a project that 

12 was initiated or completed before the date of enactment 

13 of this Act. 

14 In addition, fees authorized to be collected pursuant 

15 to sections 5029 and 5030 of the Water Infrastructure 

16 Finance and Innovation Act of 2014 shall be deposited 

17 in this account, to remain available until expended. 

18 In addition, for administrative expenses to carry out 

19 the direct and guaranteed loan programs, notwithstanding 

20 section 5033 of the Water Infrastructure Finance and In21 novation Act of 2014, $7,640,000, to remain available 

22 until September 30, 2024. 


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1 ADMINISTRATIVE PROVISIONS—ENVIRONMENTAL

2 PROTECTION AGENCY

3 (INCLUDING TRANSFERS OF FUNDS)

4 For fiscal year 2023, notwithstanding 31 U.S.C. 

5 6303(1) and 6305(1), the Administrator of the Environ6 mental Protection Agency, in carrying out the Agency’s 

7 function to implement directly Federal environmental pro8 grams required or authorized by law in the absence of an 

9 acceptable Tribal program, may award cooperative agree10 ments to federally recognized Indian Tribes or Intertribal 

11 consortia, if authorized by their member Tribes, to assist 

12 the Administrator in implementing Federal environmental 

13 programs for Indian Tribes required or authorized by law, 

14 except that no such cooperative agreements may be award15 ed from funds designated for State financial assistance 

16 agreements. 

17 The Administrator of the Environmental Protection 

18 Agency is authorized to collect and obligate pesticide reg19 istration service fees in accordance with section 33 of the 

20 Federal Insecticide, Fungicide, and Rodenticide Act (7 

21 U.S.C. 136w–8), to remain available until expended. 

22 Notwithstanding section 33(d)(2) of the Federal In23 secticide, Fungicide, and Rodenticide Act (FIFRA) (7 

24 U.S.C. 136w–8(d)(2)), the Administrator of the EnvironVerDate Sep 11 2014 00:04 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\S4686.IS S4686

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1 mental Protection Agency may assess fees under section 

2 33 of FIFRA (7 U.S.C. 136w–8) for fiscal year 2023. 

3 The Administrator of the Environmental Protection 

4 Agency is authorized to collect and obligate fees in accord5 ance with section 3024 of the Solid Waste Disposal Act 

6 (42 U.S.C. 6939g) for fiscal year 2023, to remain avail7 able until expended. 

8 The Administrator is authorized to transfer up to 

9 $358,000,000 of the funds appropriated for the Great 

10 Lakes Restoration Initiative under the heading ‘‘Environ11 mental Programs and Management’’ to the head of any 

12 Federal department or agency, with the concurrence of 

13 such head, to carry out activities that would support the 

14 Great Lakes Restoration Initiative and Great Lakes 

15 Water Quality Agreement programs, projects, or activities; 

16 to enter into an interagency agreement with the head of 

17 such Federal department or agency to carry out these ac18 tivities; and to make grants to governmental entities, non19 profit organizations, institutions, and individuals for plan20 ning, research, monitoring, outreach, and implementation 

21 in furtherance of the Great Lakes Restoration Initiative 

22 and the Great Lakes Water Quality Agreement. 

23 The Science and Technology, Environmental Pro24 grams and Management, Office of Inspector General, Haz25 ardous Substance Superfund, and Leaking Underground 


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1 Storage Tank Trust Fund Program Accounts, are avail2 able for the construction, alteration, repair, rehabilitation, 

3 and renovation of facilities, provided that the cost does 

4 not exceed $150,000 per project. 

5 For fiscal year 2023, and notwithstanding section 

6 518(f) of the Federal Water Pollution Control Act (33 

7 U.S.C. 1377(f)), the Administrator is authorized to use 

8 the amounts appropriated for any fiscal year under section 

9 319 of the Act to make grants to Indian Tribes pursuant 

10 to sections 319(h) and 518(e) of that Act. 

11 The Administrator is authorized to use the amounts 

12 appropriated under the heading ‘‘Environmental Pro13 grams and Management’’ for fiscal year 2023 to provide 

14 grants to implement the Southeastern New England Wa15 tershed Restoration Program. 

16 Notwithstanding the limitations on amounts in sec17 tion 320(i)(2)(B) of the Federal Water Pollution Control 

18 Act, not less than $2,000,000 of the funds made available 

19 under this title for the National Estuary Program shall 

20 be for making competitive awards described in section 

21 320(g)(4). 

22 Section 122(b)(3) of the Comprehensive Environ23 mental Response, Compensation, and Liability Act of 

24 1980 (42 U.S.C. 9622(b)(3)), shall be applied by inserting 


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1 before the period: ‘‘, including for the hire, maintenance, 

2 and operation of aircraft’’. 

3 The Environmental Protection Agency Working Cap4 ital Fund, established by Public Law 104–204 (42 U.S.C. 

5 4370e), is available for expenses and equipment necessary 

6 for modernization and development of information tech7 nology of, or for use by, the Environmental Protection 

8 Agency. 

9 For fiscal years 2023 through 2027, the Office of 

10 Chemical Safety and Pollution Prevention and the Office 

11 of Water may, using funds appropriated under the head12 ings ‘‘Environmental Programs and Management’’ and 

13 ‘‘Science and Technology’’, contract directly with individ14 uals or indirectly with institutions or nonprofit organiza15 tions, without regard to 41 U.S.C. 5, for the temporary 

16 or intermittent personal services of students or recent 

17 graduates, who shall be considered employees for the pur18 poses of chapters 57 and 81 of title 5, United States Code, 

19 relating to compensation for travel and work injuries, and 

20 chapter 171 of title 28, United States Code, relating to 

21 tort claims, but shall not be considered to be Federal em22 ployees for any other purpose: Provided, That amounts 

23 used for this purpose by the Office of Chemical Safety and 

24 Pollution Prevention and the Office of Water collectively 

25 may not exceed $2,000,000. 


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1 For this fiscal year and each fiscal year thereafter, 

2 the Administrator may, after consultation with the Office 

3 of Personnel Management, employ up to 75 persons at any 

4 one time in the Office of Research and Development and 

5 25 persons at any one time in the Office of Chemical Safe6 ty and Pollution Prevention under the authority provided 

7 in 42 U.S.C. 209. 

8 The Department of the Interior, Environment, and 

9 Related Agencies Appropriations Act, 2006 (Public Law 

10 109–54) is amended by striking the last proviso in the 

11 first paragraph under the heading ‘‘Environmental Pro12 tection Agency—State and Tribal Assistance Grants’’. 


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1 TITLE III 

2 RELATED AGENCIES 

3 DEPARTMENT OF AGRICULTURE 

4 OFFICE OF THE UNDER SECRETARY FOR NATURAL

5 RESOURCES AND ENVIRONMENT

6 For necessary expenses of the Office of the Under 

7 Secretary for Natural Resources and Environment, 

8 $1,000,000: Provided, That funds made available by this 

9 Act to any agency in the Natural Resources and Environ10 ment mission area for salaries and expenses are available 

11 to fund up to one administrative support staff for the of12 fice. 

13 FOREST SERVICE

14 FOREST SERVICE OPERATIONS

15 (INCLUDING TRANSFERS OF FUNDS)

16 For necessary expenses of the Forest Service, not 

17 otherwise provided for, $1,112,652,000, to remain avail18 able through September 30, 2026: Provided, That a por19 tion of the funds made available under this heading shall 

20 be for the base salary and expenses of employees in the 

21 Chief’s Office, the Work Environment and Performance 

22 Office, the Business Operations Deputy Area, and the 

23 Chief Financial Officer’s Office to carry out administra24 tive and general management support functions: Provided 

25 further, That funds provided under this heading shall be 


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1 available for the costs of facility maintenance, repairs, and 

2 leases for buildings and sites where these administrative, 

3 general management and other Forest Service support 

4 functions take place; the costs of all utility and tele5 communication expenses of the Forest Service, as well as 

6 business services; and, for information technology, includ7 ing cyber security requirements: Provided further, That 

8 funds provided under this heading may be used for nec9 essary expenses to carry out administrative and general 

10 management support functions of the Forest Service not 

11 otherwise provided for and necessary for its operation. 

12 FOREST AND RANGELAND RESEARCH

13 For necessary expenses of forest and rangeland re14 search as authorized by law, $302,773,000, to remain 

15 available through September 30, 2026: Provided, That of 

16 the funds provided, $27,197,000 is for the forest inventory 

17 and analysis program: Provided further, That all authori18 ties for the use of funds, including the use of contracts, 

19 grants, and cooperative agreements, available to execute 

20 the Forest and Rangeland Research appropriation, are 

21 also available in the utilization of these funds for Fire 

22 Science Research. 

23 STATE AND PRIVATE FORESTRY

24 For necessary expenses of cooperating with and pro25 viding technical and financial assistance to States, terriVerDate Sep 11 2014 00:04 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\S4686.IS S4686

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1 tories, possessions, and others, and for forest health man2 agement, including for invasive plants, and conducting an 

3 international program and trade compliance activities as 

4 authorized, $323,227,000, to remain available through 

5 September 30, 2026, as authorized by law, of which 

6 $24,636,000 shall be for projects specified for Forest Re7 source Information and Analysis in the table titled ‘‘Con8 gressionally Directed Spending Items’’ included in the ex9 planatory statement accompanying this Act. 

10 NATIONAL FOREST SYSTEM

11 (INCLUDING TRANSFER OF FUNDS)

12 For necessary expenses of the Forest Service, not 

13 otherwise provided for, for management, protection, im14 provement, and utilization of the National Forest System, 

15 and for hazardous fuels management on or adjacent to 

16 such lands, $1,899,749,000, to remain available through 

17 September 30, 2026: Provided, That of the funds pro18 vided, $28,000,000 shall be deposited in the Collaborative 

19 Forest Landscape Restoration Fund for ecological restora20 tion treatments as authorized by 16 U.S.C. 7303(f): Pro21 vided further, That for the funds provided in the preceding 

22 proviso, section 4003(d)(3)(A) of the Omnibus Public 

23 Land Management Act of 2009 (16 U.S.C. 

24 7303(d)(3)(A)) shall be applied by substituting ‘‘20’’ for 

25 ‘‘10’’ and section 4003(d)(3)(B) of the Omnibus Public 


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1 Land Management Act of 2009 (16 U.S.C. 

2 7303(d)(3)(B)) shall be applied by substituting ‘‘4’’ for 

3 ‘‘2’’: Provided further, That of the funds provided, 

4 $38,000,000 shall be for forest products: Provided further, 

5 That any unobligated balances of amounts made available 

6 for hazardous fuels management under this heading in 

7 prior Acts may be transferred to ‘‘Forest Service— 

8 Wildland Fire Management’’ to be used for the purposes 

9 provided therein: Provided further, That notwithstanding 

10 section 33 of the Bankhead Jones Farm Tenant Act (7 

11 U.S.C. 1012), the Secretary of Agriculture, in calculating 

12 a fee for grazing on a National Grassland, may provide 

13 a credit of up to 50 percent of the calculated fee to a Graz14 ing Association or direct permittee for a conservation 

15 practice approved by the Secretary in advance of the fiscal 

16 year in which the cost of the conservation practice is in17 curred, and that the amount credited shall remain avail18 able to the Grazing Association or the direct permittee, 

19 as appropriate, in the fiscal year in which the credit is 

20 made and each fiscal year thereafter for use on the project 

21 for conservation practices approved by the Secretary: Pro22 vided further, That funds appropriated to this account 

23 shall be available for the base salary and expenses of em24 ployees that carry out the functions funded by the ‘‘Cap25 ital Improvement and Maintenance’’ account, the ‘‘Range 


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1 Betterment Fund’’ account, and the ‘‘Management of Na2 tional Forest Lands for Subsistence Uses’’ account. 

3 CAPITAL IMPROVEMENT AND MAINTENANCE

4 (INCLUDING TRANSFER OF FUNDS)

5 For necessary expenses of the Forest Service, not 

6 otherwise provided for, $155,048,000, to remain available 

7 through September 30, 2026, for construction, capital im8 provement, maintenance, and acquisition of buildings and 

9 other facilities and infrastructure; and for construction, 

10 reconstruction, and decommissioning of roads that are no 

11 longer needed, including unauthorized roads that are not 

12 part of the transportation system, and maintenance of for13 est roads and trails by the Forest Service as authorized 

14 by 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205: Pro15 vided, That $5,000,000 shall be for activities authorized 

16 by 16 U.S.C. 538(a): Provided further, That $5,048,000 

17 shall be for projects specified for Construction Projects in 

18 the table titled ‘‘Congressionally Directed Spending 

19 Items’’ included in the explanatory statement accom20 panying this Act: Provided further, That funds becoming 

21 available in fiscal year 2023 under the Act of March 4, 

22 1913 (16 U.S.C. 501) shall be transferred to the General 

23 Fund of the Treasury and shall not be available for trans24 fer or obligation for any other purpose unless the funds 

25 are appropriated. 


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1 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

2 ACTS

3 For acquisition of lands within the exterior bound4 aries of the Cache, Uinta, and Wasatch National Forests, 

5 Utah; the Toiyabe National Forest, Nevada; and the An6 geles, San Bernardino, Sequoia, and Cleveland National 

7 Forests, California; and the Ozark-St. Francis and 

8 Ouachita National Forests, Arkansas; as authorized by 

9 law, $664,000, to be derived from forest receipts. 

10 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

11 For acquisition of lands, such sums, to be derived 

12 from funds deposited by State, county, or municipal gov13 ernments, public school districts, or other public school au14 thorities, and for authorized expenditures from funds de15 posited by non-Federal parties pursuant to Land Sale and 

16 Exchange Acts, pursuant to the Act of December 4, 1967 

17 (16 U.S.C. 484a), to remain available through September 

18 30, 2026, (16 U.S.C. 516–617a, 555a; Public Law 96– 

19 586; Public Law 76–589, Public Law 76–591; and Public 

20 Law 78–310). 

21 RANGE BETTERMENT FUND

22 For necessary expenses of range rehabilitation, pro23 tection, and improvement, 50 percent of all moneys re24 ceived during the prior fiscal year, as fees for grazing do25 mestic livestock on lands in National Forests in the 16 


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1 Western States, pursuant to section 401(b)(1) of Public 

2 Law 94–579, to remain available through September 30, 

3 2026, of which not to exceed 6 percent shall be available 

4 for administrative expenses associated with on-the-ground 

5 range rehabilitation, protection, and improvements. 

6 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

7 RANGELAND RESEARCH

8 For expenses authorized by 16 U.S.C. 1643(b), 

9 $45,000, to remain available through September 30, 2026, 

10 to be derived from the fund established pursuant to the 

11 above Act. 

12 MANAGEMENT OF NATIONAL FOREST LANDS FOR

13 SUBSISTENCE USES

14 For necessary expenses of the Forest Service to man15 age Federal lands in Alaska for subsistence uses under 

16 title VIII of the Alaska National Interest Lands Conserva17 tion Act (16 U.S.C. 3111 et seq.), $1,099,000, to remain 

18 available through September 30, 2026. 

19 WILDLAND FIRE MANAGEMENT

20 For necessary expenses for forest fire presuppression 

21 activities on National Forest System lands, for emergency 

22 wildland fire suppression on or adjacent to such lands or 

23 other lands under fire protection agreement, fuels man24 agement on or adjacent to such lands, and for emergency 

25 rehabilitation of burned-over National Forest System 


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1 lands and water, $2,604,659,000, to remain available until 

2 expended: Provided, That such funds, including unobli3 gated balances under this heading, are available for repay4 ment of advances from other appropriations accounts pre5 viously transferred for such purposes: Provided further, 

6 That such funds shall be available to reimburse State and 

7 other cooperating entities for services provided in response 

8 to wildfire and other emergencies or disasters to the extent 

9 such reimbursements by the Forest Service for non-fire 

10 emergencies are fully repaid by the responsible emergency 

11 management agency: Provided further, That funds pro12 vided shall be available for support to Federal emergency 

13 response: Provided further, That the costs of implementing 

14 any cooperative agreement between the Federal Govern15 ment and any non-Federal entity may be shared, as mutu16 ally agreed on by the affected parties: Provided further, 

17 That of the funds provided, $247,388,000 shall be for 

18 fuels management activities, of which not to exceed 

19 $20,000,000 may be used to make grants, using any au20 thorities available to the Forest Service under the ‘‘State 

21 and Private Forestry’’ appropriation, for the purpose of 

22 creating incentives for increased use of biomass from Na23 tional Forest System lands: Provided further, That funds 

24 made available in the preceding proviso to implement the 

25 Community Forest Restoration Act, Public Law 106–393, 


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1 title VI, shall be available for use on non-Federal lands 

2 in accordance with authorities made available to the For3 est Service under the ‘‘State and Private Forestry’’ appro4 priation: Provided further, That of the funds provided 

5 under this heading, $20,000,000 may be used by the Sec6 retary of Agriculture to enter into procurement contracts 

7 or cooperative agreements or to issue grants for hazardous 

8 fuels management activities, and for training or moni9 toring associated with such hazardous fuels management 

10 activities on Federal land, or on non-Federal land if the 

11 Secretary determines such activities benefit resources on 

12 Federal land: Provided further, That of the funds provided 

13 under this heading, $1,011,000,000 shall be available for 

14 wildfire suppression operations, and is provided to meet 

15 the terms of section 4004(b)(5)(B) of S. Con. Res. 14 

16 (117th Congress), the concurrent resolution on the budget 

17 for fiscal year 2022, and section 1(g)(2) of H. Res. 1151 

18 (117th Congress), as engrossed in the House of Rep19 resentatives on June 8, 2022. 

20 WILDFIRE SUPPRESSION OPERATIONS RESERVE FUND

21 (INCLUDING TRANSFERS OF FUNDS)

22 In addition to the amounts provided under the head23 ing ‘‘Department of Agriculture—Forest Service— 

24 Wildland Fire Management’’ for wildfire suppression oper25 ations, $2,210,000,000, to remain available until transVerDate Sep 11 2014 00:04 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\S4686.IS S4686

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1 ferred, is additional new budget authority as specified for 

2 purposes of section 4004(b)(5) of S. Con. Res. 14 (117th 

3 Congress), the concurrent resolution on the budget for fis4 cal year 2022, and section 1(g) of H. Res. 1151 (117th 

5 Congress), as engrossed in the House of Representatives 

6 on June 8, 2022: Provided, That such amounts may be 

7 transferred to and merged with amounts made available 

8 under the headings ‘‘Department of the Interior—Depart9 ment-Wide Programs—Wildland Fire Management’’ and 

10 ‘‘Department of Agriculture—Forest Service—Wildland 

11 Fire Management’’ for wildfire suppression operations in 

12 the fiscal year in which such amounts are transferred: Pro13 vided further, That amounts may be transferred to the 

14 ‘‘Wildland Fire Management’’ accounts in the Department 

15 of the Interior or the Department of Agriculture only upon 

16 the notification of the House and Senate Committees on 

17 Appropriations that all wildfire suppression operations 

18 funds appropriated under that heading in this and prior 

19 appropriations Acts to the agency to which the funds will 

20 be transferred will be obligated within 30 days: Provided 

21 further, That the transfer authority provided under this 

22 heading is in addition to any other transfer authority pro23 vided by law: Provided further, That, in determining 

24 whether all wildfire suppression operations funds appro25 priated under the heading ‘‘Wildland Fire Management’’ 


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1 in this and prior appropriations Acts to either the Depart2 ment of Agriculture or the Department of the Interior will 

3 be obligated within 30 days pursuant to the preceding pro4 viso, any funds transferred or permitted to be transferred 

5 pursuant to any other transfer authority provided by law 

6 shall be excluded. 

7 COMMUNICATIONS SITE ADMINISTRATION

8 (INCLUDING TRANSFER OF FUNDS)

9 Amounts collected in this fiscal year pursuant to sec10 tion 8705(f)(2) of the Agriculture Improvement Act of 

11 2018 (Public Law 115–334), shall be deposited in the spe12 cial account established by section 8705(f)(1) of such Act, 

13 shall be available to cover the costs described in subsection 

14 (c)(3) of such section of such Act, and shall remain avail15 able until expended: Provided, That such amounts shall 

16 be transferred to the ‘‘National Forest System’’ account. 

17 ADMINISTRATIVE PROVISIONS—FOREST SERVICE

18 (INCLUDING TRANSFERS OF FUNDS)

19 Appropriations to the Forest Service for the current 

20 fiscal year shall be available for: (1) purchase of passenger 

21 motor vehicles; acquisition of passenger motor vehicles 

22 from excess sources, and hire of such vehicles; purchase, 

23 lease, operation, maintenance, and acquisition of aircraft 

24 to maintain the operable fleet for use in Forest Service 

25 wildland fire programs and other Forest Service programs; 


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1 notwithstanding other provisions of law, existing aircraft 

2 being replaced may be sold, with proceeds derived or 

3 trade-in value used to offset the purchase price for the 

4 replacement aircraft; (2) services pursuant to 7 U.S.C. 

5 2225, and not to exceed $100,000 for employment under 

6 5 U.S.C. 3109; (3) purchase, erection, and alteration of 

7 buildings and other public improvements (7 U.S.C. 2250); 

8 (4) acquisition of land, waters, and interests therein pur9 suant to 7 U.S.C. 428a; (5) for expenses pursuant to the 

10 Volunteers in the National Forest Act of 1972 (16 U.S.C. 

11 558a, 558d, and 558a note); (6) the cost of uniforms as 

12 authorized by 5 U.S.C. 5901–5902; and (7) for debt col13 lection contracts in accordance with 31 U.S.C. 3718(c). 

14 Funds made available to the Forest Service in this 

15 Act may be transferred between accounts affected by the 

16 Forest Service budget restructure outlined in section 435 

17 of division D of the Further Consolidated Appropriations 

18 Act, 2020 (Public Law 116–94): Provided, That any 

19 transfer of funds pursuant to this paragraph shall not in20 crease or decrease the funds appropriated to any account 

21 in this fiscal year by more than ten percent: Provided fur22 ther, That such transfer authority is in addition to any 

23 other transfer authority provided by law. 

24 Any appropriations or funds available to the Forest 

25 Service may be transferred to the Wildland Fire ManageVerDate Sep 11 2014 00:04 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 E:\BILLS\S4686.IS S4686

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1 ment appropriation for forest firefighting, emergency re2 habilitation of burned-over or damaged lands or waters 

3 under its jurisdiction, and fire preparedness due to severe 

4 burning conditions upon the Secretary of Agriculture’s no5 tification of the House and Senate Committees on Appro6 priations that all fire suppression funds appropriated 

7 under the heading ‘‘Wildland Fire Management’’ will be 

8 obligated within 30 days: Provided, That all funds used 

9 pursuant to this paragraph must be replenished by a sup10 plemental appropriation which must be requested as 

11 promptly as possible. 

12 Not more than $50,000,000 of funds appropriated to 

13 the Forest Service shall be available for expenditure or 

14 transfer to the Department of the Interior for wildland 

15 fire management, hazardous fuels management, and State 

16 fire assistance when such transfers would facilitate and 

17 expedite wildland fire management programs and projects. 

18 Notwithstanding any other provision of this Act, the 

19 Forest Service may transfer unobligated balances of dis20 cretionary funds appropriated to the Forest Service by 

21 this Act to or within the Wildland Fire Management Ac22 count, or reprogram funds to be used for the purposes of 

23 hazardous fuels management and urgent rehabilitation of 

24 burned-over National Forest System lands and water: Pro25 vided, That such transferred funds shall remain available 


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1 through September 30, 2026: Provided further, That none 

2 of the funds transferred pursuant to this section shall be 

3 available for obligation without written notification to and 

4 the prior approval of the Committees on Appropriations 

5 of both Houses of Congress. 

6 Funds appropriated to the Forest Service shall be 

7 available for assistance to or through the Agency for Inter8 national Development in connection with forest and range9 land research, technical information, and assistance in for10 eign countries, and shall be available to support forestry 

11 and related natural resource activities outside the United 

12 States and its territories and possessions, including tech13 nical assistance, education and training, and cooperation 

14 with United States government, private sector, and inter15 national organizations: Provided, That the Forest Service, 

16 acting for the International Program, may sign direct 

17 funding agreements with foreign governments and institu18 tions as well as other domestic agencies (including the 

19 U.S. Agency for International Development, the Depart20 ment of State, and the Millennium Challenge Corpora21 tion), United States private sector firms, institutions and 

22 organizations to provide technical assistance and training 

23 programs on forestry and rangeland management: Pro24 vided further, That to maximize effectiveness of domestic 

25 and international research and cooperation, the InterVerDate Sep 11 2014 00:04 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\S4686.IS S4686

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1 national Program may utilize all authorities related to for2 estry, research, and cooperative assistance regardless of 

3 program designations. 

4 Funds appropriated to the Forest Service shall be 

5 available for expenditure or transfer to the Department 

6 of the Interior, Bureau of Land Management, for removal, 

7 preparation, and adoption of excess wild horses and burros 

8 from National Forest System lands, and for the perform9 ance of cadastral surveys to designate the boundaries of 

10 such lands. 

11 None of the funds made available to the Forest Serv12 ice in this Act or any other Act with respect to any fiscal 

13 year shall be subject to transfer under the provisions of 

14 section 702(b) of the Department of Agriculture Organic 

15 Act of 1944 (7 U.S.C. 2257), section 442 of Public Law 

16 106–224 (7 U.S.C. 7772), or section 10417(b) of Public 

17 Law 107–171 (7 U.S.C. 8316(b)). 

18 Not more than $82,000,000 of funds available to the 

19 Forest Service shall be transferred to the Working Capital 

20 Fund of the Department of Agriculture and not more than 

21 $14,500,000 of funds available to the Forest Service shall 

22 be transferred to the Department of Agriculture for De23 partment Reimbursable Programs, commonly referred to 

24 as Greenbook charges: Provided, That nothing in this 

25 paragraph shall prohibit or limit the use of reimbursable 


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1 agreements requested by the Forest Service in order to 

2 obtain information technology services, including tele3 communications and system modifications or enhance4 ments, from the Working Capital Fund of the Department 

5 of Agriculture. 

6 Of the funds available to the Forest Service, up to 

7 $5,000,000 shall be available for priority projects within 

8 the scope of the approved budget, which shall be carried 

9 out by the Youth Conservation Corps and shall be carried 

10 out under the authority of the Public Lands Corps Act 

11 of 1993 (16 U.S.C. 1721 et seq.). 

12 Of the funds available to the Forest Service, $4,000 

13 is available to the Chief of the Forest Service for official 

14 reception and representation expenses. 

15 Pursuant to sections 405(b) and 410(b) of Public 

16 Law 101–593, of the funds available to the Forest Service, 

17 up to $3,000,000 may be advanced in a lump sum to the 

18 National Forest Foundation to aid conservation partner19 ship projects in support of the Forest Service mission, 

20 without regard to when the Foundation incurs expenses, 

21 for projects on or benefitting National Forest System 

22 lands or related to Forest Service programs: Provided, 

23 That of the Federal funds made available to the Founda24 tion, no more than $300,000 shall be available for admin25 istrative expenses: Provided further, That the Foundation 


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1 shall obtain, by the end of the period of Federal financial 

2 assistance, private contributions to match funds made 

3 available by the Forest Service on at least a one-for-one 

4 basis: Provided further, That the Foundation may transfer 

5 Federal funds to a Federal or a non-Federal recipient for 

6 a project at the same rate that the recipient has obtained 

7 the non-Federal matching funds. 

8 Pursuant to section 2(b)(2) of Public Law 98–244, 

9 up to $3,000,000 of the funds available to the Forest 

10 Service may be advanced to the National Fish and Wildlife 

11 Foundation in a lump sum to aid cost-share conservation 

12 projects, without regard to when expenses are incurred, 

13 on or benefitting National Forest System lands or related 

14 to Forest Service programs: Provided, That such funds 

15 shall be matched on at least a one-for-one basis by the 

16 Foundation or its sub-recipients: Provided further, That 

17 the Foundation may transfer Federal funds to a Federal 

18 or non-Federal recipient for a project at the same rate 

19 that the recipient has obtained the non-Federal matching 

20 funds. 

21 Funds appropriated to the Forest Service shall be 

22 available for interactions with and providing technical as23 sistance to rural communities and natural resource-based 

24 businesses for sustainable rural development purposes. 


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1 Funds appropriated to the Forest Service shall be 

2 available for payments to counties within the Columbia 

3 River Gorge National Scenic Area, pursuant to section 

4 14(c)(1) and (2), and section 16(a)(2) of Public Law 99– 

5 663. 

6 Any funds appropriated to the Forest Service may 

7 be used to meet the non-Federal share requirement in sec8 tion 502(c) of the Older Americans Act of 1965 (42 

9 U.S.C. 3056(c)(2)). 

10 The Forest Service shall not assess funds for the pur11 pose of performing fire, administrative, and other facilities 

12 maintenance and decommissioning. 

13 Notwithstanding any other provision of law, of any 

14 appropriations or funds available to the Forest Service, 

15 not to exceed $500,000 may be used to reimburse the Of16 fice of the General Counsel (OGC), Department of Agri17 culture, for travel and related expenses incurred as a re18 sult of OGC assistance or participation requested by the 

19 Forest Service at meetings, training sessions, management 

20 reviews, land purchase negotiations, and similar matters 

21 unrelated to civil litigation: Provided, That future budget 

22 justifications for both the Forest Service and the Depart23 ment of Agriculture should clearly display the sums pre24 viously transferred and the sums requested for transfer. 


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1 An eligible individual who is employed in any project 

2 funded under title V of the Older Americans Act of 1965 

3 (42 U.S.C. 3056 et seq.) and administered by the Forest 

4 Service shall be considered to be a Federal employee for 

5 purposes of chapter 171 of title 28, United States Code. 

6 Funds appropriated to the Forest Service shall be 

7 available to pay, from a single account, the base salary 

8 and expenses of employees who carry out functions funded 

9 by other accounts for Enterprise Program, Geospatial 

10 Technology and Applications Center, remnant Natural Re11 source Manager, Job Corps, and National Technology and 

12 Development Program. 

13 DEPARTMENT OF HEALTH AND HUMAN 

14 SERVICES 

15 INDIAN HEALTH SERVICE

16 INDIAN HEALTH SERVICES

17 For expenses necessary to carry out the Act of Au18 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina19 tion and Education Assistance Act, the Indian Health 

20 Care Improvement Act, and titles II and III of the Public 

21 Health Service Act with respect to the Indian Health Serv22 ice, $5,218,127,000, to remain available until September 

23 30, 2024, except as otherwise provided herein; and, in ad24 dition, $5,028,127,000, which shall become available on 

25 October 1, 2023, and remain available through September 


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1 30, 2025, except as otherwise provided herein; together 

2 with payments received during each fiscal year pursuant 

3 to sections 231(b) and 233 of the Public Health Service 

4 Act (42 U.S.C. 238(b) and 238b), for services furnished 

5 by the Indian Health Service: Provided, That funds made 

6 available to Tribes and Tribal organizations through con7 tracts, grant agreements, or any other agreements or com8 pacts authorized by the Indian Self-Determination and 

9 Education Assistance Act of 1975 (25 U.S.C. 450), shall 

10 be deemed to be obligated at the time of the grant or con11 tract award and thereafter shall remain available to the 

12 Tribe or Tribal organization without fiscal year limitation: 

13 Provided further, That $2,500,000 shall be available for 

14 each of fiscal years 2023 and 2024 for grants or contracts 

15 with public or private institutions to provide alcohol or 

16 drug treatment services to Indians, including alcohol de17 toxification services: Provided further, That of the total 

18 amount of funds provided, $2,201,656,000 shall remain 

19 available until expended for Purchased/Referred Care, of 

20 which $1,100,828,000 shall be from funds that become 

21 available on October 1, 2023: Provided further, That of 

22 the total amount specified in the preceding proviso for 

23 Purchased/Referred Care, $106,000,000 shall be for the 

24 Indian Catastrophic Health Emergency Fund of which 

25 $54,000,000 shall be from funds that become available on 


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1 October 1, 2022: Provided further, That for each of fiscal 

2 years 2023 and 2024, up to $66,000,000 shall remain 

3 available until expended for implementation of the loan re4 payment program under section 108 of the Indian Health 

5 Care Improvement Act: Provided further, That of the total 

6 amount of funds provided, $116,000,000, including 

7 $58,000,000 from funds that become available on October 

8 1, 2023, shall be for costs related to or resulting from 

9 accreditation emergencies, including supplementing activi10 ties funded under the heading ‘‘Indian Health Facilities’’, 

11 of which up to $4,000,000 for each of fiscal years 2023 

12 and 2024 may be used to supplement amounts otherwise 

13 available for Purchased/Referred Care: Provided further, 

14 That the amounts collected by the Federal Government 

15 as authorized by sections 104 and 108 of the Indian 

16 Health Care Improvement Act (25 U.S.C. 1613a and 

17 1616a) during the preceding fiscal year for breach of con18 tracts shall be deposited in the Fund authorized by section 

19 108A of that Act (25 U.S.C. 1616a–1) and shall remain 

20 available until expended and, notwithstanding section 

21 108A(c) of that Act (25 U.S.C. 1616a–1(c)), funds shall 

22 be available to make new awards under the loan repay23 ment and scholarship programs under sections 104 and 

24 108 of that Act (25 U.S.C. 1613a and 1616a): Provided 

25 further, That the amounts made available within this acVerDate Sep 11 2014 00:04 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\S4686.IS S4686

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1 count for the Substance Abuse and Suicide Prevention 

2 Program, for Opioid Prevention, Treatment and Recovery 

3 Services, for the Domestic Violence Prevention Program, 

4 for the Zero Suicide Initiative, for the housing subsidy au5 thority for civilian employees, for Aftercare Pilot Pro6 grams at Youth Regional Treatment Centers, for trans7 formation and modernization costs of the Indian Health 

8 Service Electronic Health Record system, for national 

9 quality and oversight activities, to improve collections from 

10 public and private insurance at Indian Health Service and 

11 tribally operated facilities, for an initiative to treat or re12 duce the transmission of HIV and HCV, for a maternal 

13 health initiative, for the Telebehaviorial Health Center of 

14 Excellence, for Alzheimer’s grants, for Village Built Clin15 ics, for a produce prescription pilot, and for accreditation 

16 emergencies shall be allocated at the discretion of the Di17 rector of the Indian Health Service and shall remain avail18 able until expended: Provided further, That funds provided 

19 in this Act that are available for 2 fiscal years may be 

20 used in their second year of availability for annual con21 tracts and grants that fall within 2 fiscal years, provided 

22 the total obligation is recorded in such second year of 

23 availability: Provided further, That the amounts collected 

24 by the Secretary of Health and Human Services under the 

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1 ment Act (25 U.S.C. 1613) shall remain available until 

2 expended for the purpose of achieving compliance with the 

3 applicable conditions and requirements of titles XVIII and 

4 XIX of the Social Security Act, except for those related 

5 to the planning, design, or construction of new facilities: 

6 Provided further, That funding contained herein for schol7 arship programs under the Indian Health Care Improve8 ment Act (25 U.S.C. 1613) shall remain available until 

9 expended: Provided further, That amounts received by 

10 Tribes and Tribal organizations under title IV of the In11 dian Health Care Improvement Act shall be reported and 

12 accounted for and available to the receiving Tribes and 

13 Tribal organizations until expended: Provided further, 

14 That the Bureau of Indian Affairs may collect from the 

15 Indian Health Service, and from Tribes and Tribal organi16 zations operating health facilities pursuant to Public Law 

17 93–638, such individually identifiable health information 

18 relating to disabled children as may be necessary for the 

19 purpose of carrying out its functions under the Individuals 

20 with Disabilities Education Act (20 U.S.C. 1400 et seq.): 

21 Provided further, That none of the funds provided that be22 come available on October 1, 2023, may be used for imple23 mentation of the Electronic Health Record System: Pro24 vided further, That none of the funds appropriated by this 

25 Act, or any other Act, to the Indian Health Service for 


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1 the Electronic Health Record system shall be available for 

2 obligation or expenditure for the selection or implementa3 tion of a new Information Technology infrastructure sys4 tem, unless the Committees on Appropriations of the 

5 House of Representatives and the Senate are consulted 90 

6 days in advance of such obligation. 

7 CONTRACT SUPPORT COSTS

8 For payments to Tribes and Tribal organizations for 

9 contract support costs associated with Indian Self-Deter10 mination and Education Assistance Act agreements with 

11 the Indian Health Service for fiscal year 2023, such sums 

12 as may be necessary: Provided, That notwithstanding any 

13 other provision of law, no amounts made available under 

14 this heading shall be available for transfer to another 

15 budget account: Provided further, That amounts obligated 

16 but not expended by a Tribe or Tribal organization for 

17 contract support costs for such agreements for the current 

18 fiscal year shall be applied to contract support costs due 

19 for such agreements for subsequent fiscal years. 

20 PAYMENTS FOR TRIBAL LEASES

21 For payments to Tribes and Tribal organizations for 

22 leases pursuant to section 105(l) of the Indian Self-Deter23 mination and Education Assistance Act (25 U.S.C. 

24 5324(l)) for fiscal year 2023, such sums as may be nec25 essary, which shall be available for obligation through SepVerDate Sep 11 2014 00:04 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 E:\BILLS\S4686.IS S4686

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1 tember 30, 2024: Provided, That notwithstanding any 

2 other provision of law, no amounts made available under 

3 this heading shall be available for transfer to another 

4 budget account. 

5 INDIAN HEALTH FACILITIES

6 For construction, repair, maintenance, demolition, 

7 improvement, and equipment of health and related auxil8 iary facilities, including quarters for personnel; prepara9 tion of plans, specifications, and drawings; acquisition of 

10 sites, purchase and erection of modular buildings, and 

11 purchases of trailers; and for provision of domestic and 

12 community sanitation facilities for Indians, as authorized 

13 by section 7 of the Act of August 5, 1954 (42 U.S.C. 

14 2004a), the Indian Self-Determination Act, and the In15 dian Health Care Improvement Act, and for expenses nec16 essary to carry out such Acts and titles II and III of the 

17 Public Health Service Act with respect to environmental 

18 health and facilities support activities of the Indian Health 

19 Service, $1,081,936,000, to remain available until ex20 pended; and, in addition, $548,950,000, which shall be21 come available on October 1, 2023, and remain available 

22 until expended: Provided, That notwithstanding any other 

23 provision of law, funds appropriated for the planning, de24 sign, construction, renovation, or expansion of health fa25 cilities for the benefit of an Indian Tribe or Tribes may 


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1 be used to purchase land on which such facilities will be 

2 located: Provided further, That not to exceed $500,000 

3 may be used for each of fiscal years 2023 and 2024 by 

4 the Indian Health Service to purchase TRANSAM equip5 ment from the Department of Defense for distribution to 

6 the Indian Health Service and Tribal facilities: Provided 

7 further, That none of the funds provided that become 

8 available on October 1, 2023, may be used for Health Care 

9 Facilities Construction or for Sanitation Facilities Con10 struction: Provided further, That of the amount appro11 priated under this heading for fiscal year 2023 for Sanita12 tion Facilities Construction, $15,192,000 shall be for 

13 projects specified for Sanitation Facilities Construction 

14 (CDS) in the table titled ‘‘Congressionally Directed 

15 Spending Items’’ included in the explanatory statement 

16 accompanying this Act: Provided further, That none of the 

17 funds appropriated to the Indian Health Service may be 

18 used for sanitation facilities construction for new homes 

19 funded with grants by the housing programs of the United 

20 States Department of Housing and Urban Development. 

21 ADMINISTRATIVE PROVISIONS—INDIAN HEALTH SERVICE

22 Appropriations provided in this Act to the Indian 

23 Health Service shall be available for services as authorized 

24 by 5 U.S.C. 3109 at rates not to exceed the per diem rate 

25 equivalent to the maximum rate payable for senior-level 


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1 positions under 5 U.S.C. 5376; hire of passenger motor 

2 vehicles and aircraft; purchase of medical equipment; pur3 chase of reprints; purchase, renovation, and erection of 

4 modular buildings and renovation of existing facilities; 

5 payments for telephone service in private residences in the 

6 field, when authorized under regulations approved by the 

7 Secretary of Health and Human Services; uniforms, or al8 lowances therefor as authorized by 5 U.S.C. 5901–5902; 

9 and for expenses of attendance at meetings that relate to 

10 the functions or activities of the Indian Health Service: 

11 Provided, That in accordance with the provisions of the 

12 Indian Health Care Improvement Act, non-Indian patients 

13 may be extended health care at all tribally administered 

14 or Indian Health Service facilities, subject to charges, and 

15 the proceeds along with funds recovered under the Federal 

16 Medical Care Recovery Act (42 U.S.C. 2651–2653) shall 

17 be credited to the account of the facility providing the 

18 service and shall be available without fiscal year limitation: 

19 Provided further, That notwithstanding any other law or 

20 regulation, funds transferred from the Department of 

21 Housing and Urban Development to the Indian Health 

22 Service shall be administered under Public Law 86–121, 

23 the Indian Sanitation Facilities Act and Public Law 93– 

24 638: Provided further, That funds appropriated to the In25 dian Health Service in this Act, except those used for adVerDate Sep 11 2014 00:04 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6201 E:\BILLS\S4686.IS S4686

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1 ministrative and program direction purposes, shall not be 

2 subject to limitations directed at curtailing Federal travel 

3 and transportation: Provided further, That none of the 

4 funds made available to the Indian Health Service in this 

5 Act shall be used for any assessments or charges by the 

6 Department of Health and Human Services unless identi7 fied in the budget justification and provided in this Act, 

8 or approved by the House and Senate Committees on Ap9 propriations through the reprogramming process: Pro10 vided further, That notwithstanding any other provision of 

11 law, funds previously or herein made available to a Tribe 

12 or Tribal organization through a contract, grant, or agree13 ment authorized by title I or title V of the Indian Self14 Determination and Education Assistance Act of 1975 (25 

15 U.S.C. 450 et seq.), may be deobligated and reobligated 

16 to a self-determination contract under title I, or a self17 governance agreement under title V of such Act and there18 after shall remain available to the Tribe or Tribal organi19 zation without fiscal year limitation: Provided further, 

20 That none of the funds made available to the Indian 

21 Health Service in this Act shall be used to implement the 

22 final rule published in the Federal Register on September 

23 16, 1987, by the Department of Health and Human Serv24 ices, relating to the eligibility for the health care services 

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1 ice has submitted a budget request reflecting the increased 

2 costs associated with the proposed final rule, and such re3 quest has been included in an appropriations Act and en4 acted into law: Provided further, That with respect to func5 tions transferred by the Indian Health Service to Tribes 

6 or Tribal organizations, the Indian Health Service is au7 thorized to provide goods and services to those entities on 

8 a reimbursable basis, including payments in advance with 

9 subsequent adjustment, and the reimbursements received 

10 therefrom, along with the funds received from those enti11 ties pursuant to the Indian Self-Determination Act, may 

12 be credited to the same or subsequent appropriation ac13 count from which the funds were originally derived, with 

14 such amounts to remain available until expended: Provided 

15 further, That reimbursements for training, technical as16 sistance, or services provided by the Indian Health Service 

17 will contain total costs, including direct, administrative, 

18 and overhead costs associated with the provision of goods, 

19 services, or technical assistance: Provided further, That 

20 the Indian Health Service may provide to civilian medical 

21 personnel serving in hospitals operated by the Indian 

22 Health Service housing allowances equivalent to those that 

23 would be provided to members of the Commissioned Corps 

24 of the United States Public Health Service serving in simi25 lar positions at such hospitals: Provided further, That the 


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1 appropriation structure for the Indian Health Service may 

2 not be altered without advance notification to the House 

3 and Senate Committees on Appropriations. 

4 NATIONAL INSTITUTES OF HEALTH

5 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

6 SCIENCES

7 For necessary expenses for the National Institute of 

8 Environmental Health Sciences in carrying out activities 

9 set forth in section 311(a) of the Comprehensive Environ10 mental Response, Compensation, and Liability Act of 

11 1980 (42 U.S.C. 9660(a)) and section 126(g) of the 

12 Superfund Amendments and Reauthorization Act of 1986, 

13 $83,035,000. 

14 AGENCY FOR TOXIC SUBSTANCES AND DISEASE

15 REGISTRY

16 TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC

17 HEALTH

18 For necessary expenses for the Agency for Toxic Sub19 stances and Disease Registry (ATSDR) in carrying out 

20 activities set forth in sections 104(i) and 111(c)(4) of the 

21 Comprehensive Environmental Response, Compensation, 

22 and Liability Act of 1980 (CERCLA) and section 3019 

23 of the Solid Waste Disposal Act, $85,020,000: Provided, 

24 That notwithstanding any other provision of law, in lieu 

25 of performing a health assessment under section 104(i)(6) 


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1 of CERCLA, the Administrator of ATSDR may conduct 

2 other appropriate health studies, evaluations, or activities, 

3 including, without limitation, biomedical testing, clinical 

4 evaluations, medical monitoring, and referral to accredited 

5 healthcare providers: Provided further, That in performing 

6 any such health assessment or health study, evaluation, 

7 or activity, the Administrator of ATSDR shall not be 

8 bound by the deadlines in section 104(i)(6)(A) of 

9 CERCLA: Provided further, That none of the funds appro10 priated under this heading shall be available for ATSDR 

11 to issue in excess of 40 toxicological profiles pursuant to 

12 section 104(i) of CERCLA during fiscal year 2023, and 

13 existing profiles may be updated as necessary. 

14 OTHER RELATED AGENCIES 

15 EXECUTIVE OFFICE OF THE PRESIDENT

16 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

17 ENVIRONMENTAL QUALITY

18 For necessary expenses to continue functions as19 signed to the Council on Environmental Quality and Office 

20 of Environmental Quality pursuant to the National Envi21 ronmental Policy Act of 1969, the Environmental Quality 

22 Improvement Act of 1970, and Reorganization Plan No. 

23 1 of 1977, and not to exceed $750 for official reception 

24 and representation expenses, $4,360,000: Provided, That 

25 notwithstanding section 202 of the National EnvironVerDate Sep 11 2014 00:04 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 E:\BILLS\S4686.IS S4686

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1 mental Policy Act of 1970, the Council shall consist of 

2 one member, appointed by the President, by and with the 

3 advice and consent of the Senate, serving as chairman and 

4 exercising all powers, functions, and duties of the Council. 

5 CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

6 SALARIES AND EXPENSES

7 For necessary expenses in carrying out activities pur8 suant to section 112(r)(6) of the Clean Air Act, including 

9 hire of passenger vehicles, uniforms or allowances there10 for, as authorized by 5 U.S.C. 5901–5902, and for serv11 ices authorized by 5 U.S.C. 3109 but at rates for individ12 uals not to exceed the per diem equivalent to the maximum 

13 rate payable for senior level positions under 5 U.S.C. 

14 5376, $14,400,000: Provided, That the Chemical Safety 

15 and Hazard Investigation Board (Board) shall have not 

16 more than three career Senior Executive Service positions: 

17 Provided further, That notwithstanding any other provi18 sion of law, the individual appointed to the position of In19 spector General of the Environmental Protection Agency 

20 (EPA) shall, by virtue of such appointment, also hold the 

21 position of Inspector General of the Board: Provided fur22 ther, That notwithstanding any other provision of law, the 

23 Inspector General of the Board shall utilize personnel of 

24 the Office of Inspector General of EPA in performing the 


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1 duties of the Inspector General of the Board, and shall 

2 not appoint any individuals to positions within the Board. 

3 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

4 SALARIES AND EXPENSES

5 For necessary expenses of the Office of Navajo and 

6 Hopi Indian Relocation as authorized by Public Law 93– 

7 531, $3,060,000, to remain available until expended, 

8 which shall be derived from unobligated balances from 

9 prior year appropriations available under this heading: 

10 Provided, That funds provided in this or any other appro11 priations Act are to be used to relocate eligible individuals 

12 and groups including evictees from District 6, Hopi-parti13 tioned lands residents, those in significantly substandard 

14 housing, and all others certified as eligible and not in15 cluded in the preceding categories: Provided further, That 

16 none of the funds contained in this or any other Act may 

17 be used by the Office of Navajo and Hopi Indian Reloca18 tion to evict any single Navajo or Navajo family who, as 

19 of November 30, 1985, was physically domiciled on the 

20 lands partitioned to the Hopi Tribe unless a new or re21 placement home is provided for such household: Provided 

22 further, That no relocatee will be provided with more than 

23 one new or replacement home: Provided further, That the 

24 Office shall relocate any certified eligible relocatees who 

25 have selected and received an approved homesite on the 


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1 Navajo reservation or selected a replacement residence off 

2 the Navajo reservation or on the land acquired pursuant 

3 to section 11 of Public Law 93–531 (88 Stat. 1716). 

4 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

5 CULTURE AND ARTS DEVELOPMENT

6 PAYMENT TO THE INSTITUTE

7 For payment to the Institute of American Indian and 

8 Alaska Native Culture and Arts Development, as author9 ized by part A of title XV of Public Law 99–498 (20 

10 U.S.C. 4411 et seq.), $11,772,000, which shall become 

11 available on July 1, 2023, and shall remain available until 

12 September 30, 2024. 

13 SMITHSONIAN INSTITUTION

14 SALARIES AND EXPENSES

15 For necessary expenses of the Smithsonian Institu16 tion, as authorized by law, including research in the fields 

17 of art, science, and history; development, preservation, and 

18 documentation of the National Collections; presentation of 

19 public exhibits and performances; collection, preparation, 

20 dissemination, and exchange of information and publica21 tions; conduct of education, training, and museum assist22 ance programs; maintenance, alteration, operation, lease 

23 agreements of no more than 30 years, and protection of 

24 buildings, facilities, and approaches; not to exceed 

25 $100,000 for services as authorized by 5 U.S.C. 3109; and 


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1 purchase, rental, repair, and cleaning of uniforms for em2 ployees, $909,500,000, to remain available until Sep3 tember 30, 2024, except as otherwise provided herein; of 

4 which not to exceed $26,974,000 for the instrumentation 

5 program, collections acquisition, exhibition reinstallation, 

6 Smithsonian American Women’s History Museum, Na7 tional Museum of the American Latino, and the repatri8 ation of skeletal remains program shall remain available 

9 until expended; and including such funds as may be nec10 essary to support American overseas research centers: 

11 Provided, That funds appropriated herein are available for 

12 advance payments to independent contractors performing 

13 research services or participating in official Smithsonian 

14 presentations: Provided further, That the Smithsonian In15 stitution may expend Federal appropriations designated in 

16 this Act for lease or rent payments, as rent payable to 

17 the Smithsonian Institution, and such rent payments may 

18 be deposited into the general trust funds of the Institution 

19 to be available as trust funds for expenses associated with 

20 the purchase of a portion of the building at 600 Maryland 

21 Avenue, SW, Washington, DC, to the extent that federally 

22 supported activities will be housed there: Provided further, 

23 That the use of such amounts in the general trust funds 

24 of the Institution for such purpose shall not be construed 

25 as Federal debt service for, a Federal guarantee of, a 


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1 transfer of risk to, or an obligation of the Federal Govern2 ment: Provided further, That no appropriated funds may 

3 be used directly to service debt which is incurred to fi4 nance the costs of acquiring a portion of the building at 

5 600 Maryland Avenue, SW, Washington, DC, or of plan6 ning, designing, and constructing improvements to such 

7 building: Provided further, That any agreement entered 

8 into by the Smithsonian Institution for the sale of its own9 ership interest, or any portion thereof, in such building 

10 so acquired may not take effect until the expiration of a 

11 30 day period which begins on the date on which the Sec12 retary of the Smithsonian submits to the Committees on 

13 Appropriations of the House of Representatives and Sen14 ate, the Committees on House Administration and Trans15 portation and Infrastructure of the House of Representa16 tives, and the Committee on Rules and Administration of 

17 the Senate a report, as outlined in the explanatory state18 ment described in section 4 of the Further Consolidated 

19 Appropriations Act, 2020 (Public Law 116–94; 133 Stat. 

20 2536) on the intended sale. 

21 FACILITIES CAPITAL

22 For necessary expenses of repair, revitalization, and 

23 alteration of facilities owned or occupied by the Smithso24 nian Institution, by contract or otherwise, as authorized 

25 by section 2 of the Act of August 22, 1949 (63 Stat. 623), 


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1 and for construction, including necessary personnel, 

2 $265,000,000, to remain available until expended, of 

3 which not to exceed $10,000 shall be for services as au4 thorized by 5 U.S.C. 3109. 

5 NATIONAL GALLERY OF ART

6 SALARIES AND EXPENSES

7 For the upkeep and operations of the National Gal8 lery of Art, the protection and care of the works of art 

9 therein, and administrative expenses incident thereto, as 

10 authorized by the Act of March 24, 1937 (50 Stat. 51), 

11 as amended by the public resolution of April 13, 1939 

12 (Public Resolution 9, 76th Congress), including services 

13 as authorized by 5 U.S.C. 3109; payment in advance when 

14 authorized by the treasurer of the Gallery for membership 

15 in library, museum, and art associations or societies whose 

16 publications or services are available to members only, or 

17 to members at a price lower than to the general public; 

18 purchase, repair, and cleaning of uniforms for guards, and 

19 uniforms, or allowances therefor, for other employees as 

20 authorized by law (5 U.S.C. 5901–5902); purchase or 

21 rental of devices and services for protecting buildings and 

22 contents thereof, and maintenance, alteration, improve23 ment, and repair of buildings, approaches, and grounds; 

24 and purchase of services for restoration and repair of 

25 works of art for the National Gallery of Art by contracts 


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1 made, without advertising, with individuals, firms, or or2 ganizations at such rates or prices and under such terms 

3 and conditions as the Gallery may deem proper, 

4 $170,240,000, to remain available until September 30, 

5 2024, of which not to exceed $3,875,000 for the special 

6 exhibition program shall remain available until expended. 

7 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

8 (INCLUDING TRANSFER OF FUNDS)

9 For necessary expenses of repair, restoration, and 

10 renovation of buildings, grounds and facilities owned or 

11 occupied by the National Gallery of Art, by contract or 

12 otherwise, for operating lease agreements of no more than 

13 10 years, that address space needs created by the ongoing 

14 renovations in the Master Facilities Plan, as authorized, 

15 $39,000,000, to remain available until expended: Pro16 vided, That of this amount, $27,208,000 shall be available 

17 for design and construction of an off-site art storage facil18 ity in partnership with the Smithsonian Institution and 

19 may be transferred to the Smithsonian Institution for such 

20 purposes: Provided further, That contracts awarded for en21 vironmental systems, protection systems, and exterior re22 pair or renovation of buildings of the National Gallery of 

23 Art may be negotiated with selected contractors and 

24 awarded on the basis of contractor qualifications as well 

25 as price. 


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1 JOHN F. KENNEDY CENTER FOR THE PERFORMING

2 ARTS

3 OPERATIONS AND MAINTENANCE

4 For necessary expenses for the operation, mainte5 nance, and security of the John F. Kennedy Center for 

6 the Performing Arts, $27,640,000, to remain available 

7 until September, 30, 2024. 

8 CAPITAL REPAIR AND RESTORATION

9 For necessary expenses for capital repair and restora10 tion of the existing features of the building and site of 

11 the John F. Kennedy Center for the Performing Arts, 

12 $17,740,000, to remain available until expended. 

13 WOODROW WILSON INTERNATIONAL CENTER FOR

14 SCHOLARS

15 SALARIES AND EXPENSES

16 For expenses necessary in carrying out the provisions 

17 of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 

18 1356) including hire of passenger vehicles and services as 

19 authorized by 5 U.S.C. 3109, $15,000,000, to remain 

20 available until September 30, 2024. 


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1 NATIONAL FOUNDATION ON THE ARTS AND THE

2 HUMANITIES

3 NATIONAL ENDOWMENT FOR THE ARTS

4 GRANTS AND ADMINISTRATION

5 For necessary expenses to carry out the National 

6 Foundation on the Arts and the Humanities Act of 1965, 

7 $195,000,000 shall be available to the National Endow8 ment for the Arts for the support of projects and produc9 tions in the arts, including arts education and public out10 reach activities, through assistance to organizations and 

11 individuals pursuant to section 5 of the Act, for program 

12 support, and for administering the functions of the Act, 

13 to remain available until expended. 

14 NATIONAL ENDOWMENT FOR THE HUMANITIES

15 GRANTS AND ADMINISTRATION

16 For necessary expenses to carry out the National 

17 Foundation on the Arts and the Humanities Act of 1965, 

18 $195,000,000 to remain available until expended, of which 

19 $178,000,000 shall be available for support of activities 

20 in the humanities, pursuant to section 7(c) of the Act and 

21 for administering the functions of the Act; and 

22 $17,000,000 shall be available to carry out the matching 

23 grants program pursuant to section 10(a)(2) of the Act, 

24 including $15,000,000 for the purposes of section 7(h): 

25 Provided, That appropriations for carrying out section 


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1 10(a)(2) shall be available for obligation only in such 

2 amounts as may be equal to the total amounts of gifts, 

3 bequests, devises of money, and other property accepted 

4 by the chairman or by grantees of the National Endow5 ment for the Humanities under the provisions of sections 

6 11(a)(2)(B) and 11(a)(3)(B) during the current and pre7 ceding fiscal years for which equal amounts have not pre8 viously been appropriated. 

9 ADMINISTRATIVE PROVISIONS

10 None of the funds appropriated to the National 

11 Foundation on the Arts and the Humanities may be used 

12 to process any grant or contract documents which do not 

13 include the text of 18 U.S.C. 1913: Provided, That none 

14 of the funds appropriated to the National Foundation on 

15 the Arts and the Humanities may be used for official re16 ception and representation expenses: Provided further, 

17 That funds from nonappropriated sources may be used as 

18 necessary for official reception and representation ex19 penses: Provided further, That the Chairperson of the Na20 tional Endowment for the Arts may approve grants of up 

21 to $10,000, if in the aggregate the amount of such grants 

22 does not exceed 5 percent of the sums appropriated for 

23 grantmaking purposes per year: Provided further, That 

24 such small grant actions are taken pursuant to the terms 


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1 of an expressed and direct delegation of authority from 

2 the National Council on the Arts to the Chairperson. 

3 COMMISSION OF FINE ARTS

4 SALARIES AND EXPENSES

5 For expenses of the Commission of Fine Arts under 

6 chapter 91 of title 40, United States Code, $3,661,000: 

7 Provided, That the Commission is authorized to charge 

8 fees to cover the full costs of its publications, and such 

9 fees shall be credited to this account as an offsetting col10 lection, to remain available until expended without further 

11 appropriation: Provided further, That the Commission is 

12 authorized to accept gifts, including objects, papers, art13 work, drawings and artifacts, that pertain to the history 

14 and design of the Nation’s Capital or the history and ac15 tivities of the Commission of Fine Arts, for the purpose 

16 of artistic display, study, or education: Provided further, 

17 That one-tenth of one percent of the funds provided under 

18 this heading may be used for official reception and rep19 resentation expenses. 

20 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

21 For necessary expenses as authorized by Public Law 

22 99–190 (20 U.S.C. 956a), $5,000,000: Provided, That the 

23 item relating to ‘‘National Capital Arts and Cultural Af24 fairs’’ in the Department of the Interior and Related 

25 Agencies Appropriations Act, 1986, as enacted into law 


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1 by section 101(d) of Public Law 99–190 (20 U.S.C. 

2 956a), shall be applied in fiscal year 2023 in the second 

3 paragraph by inserting ‘‘, calendar year 2020 excluded’’ 

4 before the first period: Provided further, That in deter5 mining an eligible organization’s annual income for cal6 endar years 2021, 2022, and 2023, funds or grants re7 ceived by the eligible organization from any supplemental 

8 appropriations Act related to coronavirus or any other law 

9 providing appropriations for the purpose of preventing, 

10 preparing for, or responding to coronavirus shall be count11 ed as part of the eligible organization’s annual income. 

12 ADVISORY COUNCIL ON HISTORIC PRESERVATION

13 SALARIES AND EXPENSES

14 For necessary expenses of the Advisory Council on 

15 Historic Preservation (Public Law 89–665), $8,585,000. 

16 NATIONAL CAPITAL PLANNING COMMISSION

17 SALARIES AND EXPENSES

18 For necessary expenses of the National Capital Plan19 ning Commission under chapter 87 of title 40, United 

20 States Code, including services as authorized by 5 U.S.C. 

21 3109, $8,630,000: Provided, That one-quarter of 1 per22 cent of the funds provided under this heading may be used 

23 for official reception and representational expenses associ24 ated with hosting international visitors engaged in the 

25 planning and physical development of world capitals. 


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1 UNITED STATES HOLOCAUST MEMORIAL MUSEUM

2 HOLOCAUST MEMORIAL MUSEUM

3 For expenses of the Holocaust Memorial Museum, as 

4 authorized by Public Law 106–292 (36 U.S.C. 2301– 

5 2310), $65,231,000, of which $715,000 shall remain 

6 available until September 30, 2025, for the Museum’s 

7 equipment replacement program; and of which $3,000,000 

8 for the Museum’s repair and rehabilitation program and 

9 $1,264,000 for the Museum’s outreach initiatives program 

10 shall remain available until expended. 

11 PRESIDIO TRUST

12 The Presidio Trust is authorized to issue obligations 

13 to the Secretary of the Treasury pursuant to section 

14 104(d)(3) of the Omnibus Parks and Public Lands Man15 agement Act of 1996 (Public Law 104–333), in an 

16 amount not to exceed $40,000,000. 

17 WORLD WAR I CENTENNIAL COMMISSION

18 SALARIES AND EXPENSES

19 Notwithstanding section 9 of the World War I Cen20 tennial Commission Act, as authorized by the World War 

21 I Centennial Commission Act (Public Law 112–272) and 

22 the Carl Levin and Howard P. ‘‘Buck’’ McKeon National 

23 Defense Authorization Act for Fiscal Year 2015 (Public 

24 Law 113–291), for necessary expenses of the World War 

25 I Centennial Commission, $1,000,000, to remain available 


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1 until September 30, 2024: Provided, That in addition to 

2 the authority provided by section 6(g) of such Act, the 

3 World War I Commission may accept money, in-kind per4 sonnel services, contractual support, or any appropriate 

5 support from any executive branch agency for activities 

6 of the Commission. 

7 UNITED STATES SEMIQUINCENTENNIAL COMMISSION

8 SALARIES AND EXPENSES

9 (INCLUDING TRANSFER OF FUNDS)

10 For necessary expenses of the United States 

11 Semiquincentennial Commission to plan and coordinate 

12 observances and activities associated with the 250th anni13 versary of the founding of the United States, as authorized 

14 by Public Law 116–282, the technical amendments to 

15 Public Law 114–196, $9,000,000, to remain available 

16 until expended, of which $1,000,000 shall be transferred 

17 to the Office of the Inspector General of the Department 

18 of the Interior for audits and investigations of the 

19 Semiquincentennial Commission, consistent with the In20 spector General Act of 1978 (5 U.S.C. App.). 

21 ALYCE SPOTTED BEAR AND WALTER SOBOLEFF

22 COMMISSION ON NATIVE CHILDREN

23 For necessary expenses of the Alyce Spotted Bear 

24 and Walter Soboleff Commission on Native Children (re25 ferred to in this paragraph as the ‘‘Commission’’), 


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1 $600,000 to remain available until September 30, 2024: 

2 Provided, That in addition to the authority provided by 

3 section 3(g)(5) and 3(h) of Public Law 114–244, the Com4 mission may hereafter accept in-kind personnel services, 

5 contractual support, or any appropriate support from any 

6 executive branch agency for activities of the Commission. 


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1 TITLE IV 

2 GENERAL PROVISIONS 

3 (INCLUDING TRANSFERS OF FUNDS)

4 RESTRICTION ON USE OF FUNDS

5 SEC. 401. No part of any appropriation contained in 

6 this Act shall be available for any activity or the publica7 tion or distribution of literature that in any way tends to 

8 promote public support or opposition to any legislative 

9 proposal on which Congressional action is not complete 

10 other than to communicate to Members of Congress as 

11 described in 18 U.S.C. 1913. 

12 OBLIGATION OF APPROPRIATIONS

13 SEC. 402. No part of any appropriation contained in 

14 this Act shall remain available for obligation beyond the 

15 current fiscal year unless expressly so provided herein. 

16 DISCLOSURE OF ADMINISTRATIVE EXPENSES

17 SEC. 403. The amount and basis of estimated over18 head charges, deductions, reserves, or holdbacks, including 

19 working capital fund charges, from programs, projects, ac20 tivities and subactivities to support government-wide, de21 partmental, agency, or bureau administrative functions or 

22 headquarters, regional, or central operations shall be pre23 sented in annual budget justifications and subject to ap24 proval by the Committees on Appropriations of the House 

25 of Representatives and the Senate. Changes to such estiVerDate Sep 11 2014 00:04 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 E:\BILLS\S4686.IS S4686

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1 mates shall be presented to the Committees on Appropria2 tions for approval. 

3 MINING APPLICATIONS

4 SEC. 404. (a) LIMITATION OF FUNDS.—None of the 

5 funds appropriated or otherwise made available pursuant 

6 to this Act shall be obligated or expended to accept or 

7 process applications for a patent for any mining or mill 

8 site claim located under the general mining laws. 

9 (b) EXCEPTIONS.—Subsection (a) shall not apply if 

10 the Secretary of the Interior determines that, for the claim 

11 concerned: (1) a patent application was filed with the Sec12 retary on or before September 30, 1994; and (2) all re13 quirements established under sections 2325 and 2326 of 

14 the Revised Statutes (30 U.S.C. 29 and 30) for vein or 

15 lode claims, sections 2329, 2330, 2331, and 2333 of the 

16 Revised Statutes (30 U.S.C. 35, 36, and 37) for placer 

17 claims, and section 2337 of the Revised Statutes (30 

18 U.S.C. 42) for mill site claims, as the case may be, were 

19 fully complied with by the applicant by that date. 

20 (c) REPORT.—On September 30, 2024, the Secretary 

21 of the Interior shall file with the House and Senate Com22 mittees on Appropriations and the Committee on Natural 

23 Resources of the House and the Committee on Energy and 

24 Natural Resources of the Senate a report on actions taken 

25 by the Department under the plan submitted pursuant to 


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1 section 314(c) of the Department of the Interior and Re2 lated Agencies Appropriations Act, 1997 (Public Law 

3 104–208). 

4 (d) MINERAL EXAMINATIONS.—In order to process 

5 patent applications in a timely and responsible manner, 

6 upon the request of a patent applicant, the Secretary of 

7 the Interior shall allow the applicant to fund a qualified 

8 third-party contractor to be selected by the Director of the 

9 Bureau of Land Management to conduct a mineral exam10 ination of the mining claims or mill sites contained in a 

11 patent application as set forth in subsection (b). The Bu12 reau of Land Management shall have the sole responsi13 bility to choose and pay the third-party contractor in ac14 cordance with the standard procedures employed by the 

15 Bureau of Land Management in the retention of third16 party contractors. 

17 CONTRACT SUPPORT COSTS, PRIOR YEAR LIMITATION

18 SEC. 405. Sections 405 and 406 of division F of the 

19 Consolidated and Further Continuing Appropriations Act, 

20 2015 (Public Law 113–235) shall continue in effect in fis21 cal year 2023. 

22 CONTRACT SUPPORT COSTS, FISCAL YEAR 2023

23 LIMITATION

24 SEC. 406. Amounts provided by this Act for fiscal 

25 year 2023 under the headings ‘‘Department of Health and 


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1 Human Services, Indian Health Service, Contract Support 

2 Costs’’ and ‘‘Department of the Interior, Bureau of Indian 

3 Affairs and Bureau of Indian Education, Contract Sup4 port Costs’’ are the only amounts available for contract 

5 support costs arising out of self-determination or self-gov6 ernance contracts, grants, compacts, or annual funding 

7 agreements for fiscal year 2023 with the Bureau of Indian 

8 Affairs, Bureau of Indian Education, and the Indian 

9 Health Service: Provided, That such amounts provided by 

10 this Act are not available for payment of claims for con11 tract support costs for prior years, or for repayments of 

12 payments for settlements or judgments awarding contract 

13 support costs for prior years. 

14 FOREST MANAGEMENT PLANS

15 SEC. 407. The Secretary of Agriculture shall not be 

16 considered to be in violation of section 6(f)(5)(A) of the 

17 Forest and Rangeland Renewable Resources Planning Act 

18 of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more 

19 than 15 years have passed without revision of the plan 

20 for a unit of the National Forest System. Nothing in this 

21 section exempts the Secretary from any other requirement 

22 of the Forest and Rangeland Renewable Resources Plan23 ning Act (16 U.S.C. 1600 et seq.) or any other law: Pro24 vided, That if the Secretary is not acting expeditiously and 

25 in good faith, within the funding available, to revise a plan 


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1 for a unit of the National Forest System, this section shall 

2 be void with respect to such plan and a court of proper 

3 jurisdiction may order completion of the plan on an accel4 erated basis. 

5 PROHIBITION WITHIN NATIONAL MONUMENTS

6 SEC. 408. No funds provided in this Act may be ex7 pended to conduct preleasing, leasing and related activities 

8 under either the Mineral Leasing Act (30 U.S.C. 181 et 

9 seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 

10 1331 et seq.) within the boundaries of a National Monu11 ment established pursuant to the Act of June 8, 1906 (16 

12 U.S.C. 431 et seq.) as such boundary existed on January 

13 20, 2001, except where such activities are allowed under 

14 the Presidential proclamation establishing such monu15 ment. 

16 LIMITATION ON TAKINGS

17 SEC. 409. Unless otherwise provided herein, no funds 

18 appropriated in this Act for the acquisition of lands or 

19 interests in lands may be expended for the filing of dec20 larations of taking or complaints in condemnation without 

21 the approval of the House and Senate Committees on Ap22 propriations: Provided, That this provision shall not apply 

23 to funds appropriated to implement the Everglades Na24 tional Park Protection and Expansion Act of 1989, or to 

25 funds appropriated for Federal assistance to the State of 


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1 Florida to acquire lands for Everglades restoration pur2 poses. 

3 PROHIBITION ON NO-BID CONTRACTS

4 SEC. 410. None of the funds appropriated or other5 wise made available by this Act to executive branch agen6 cies may be used to enter into any Federal contract unless 

7 such contract is entered into in accordance with the re8 quirements of Chapter 33 of title 41, United States Code, 

9 or Chapter 137 of title 10, United States Code, and the 

10 Federal Acquisition Regulation, unless— 

11 (1) Federal law specifically authorizes a con12 tract to be entered into without regard for these re13 quirements, including formula grants for States, or 

14 federally recognized Indian Tribes; 

15 (2) such contract is authorized by the Indian 

16 Self-Determination and Education Assistance Act 

17 (Public Law 93–638, 25 U.S.C. 450 et seq.) or by 

18 any other Federal laws that specifically authorize a 

19 contract within an Indian Tribe as defined in section 

20 4(e) of that Act (25 U.S.C. 450b(e)); or 

21 (3) such contract was awarded prior to the date 

22 of enactment of this Act. 

23 POSTING OF REPORTS

24 SEC. 411. (a) Any agency receiving funds made avail25 able in this Act, shall, subject to subsections (b) and (c), 


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1 post on the public website of that agency any report re2 quired to be submitted by the Congress in this or any 

3 other Act, upon the determination by the head of the agen4 cy that it shall serve the national interest. 

5 (b) Subsection (a) shall not apply to a report if— 

6 (1) the public posting of the report com7 promises national security; or 

8 (2) the report contains proprietary information. 

9 (c) The head of the agency posting such report shall 

10 do so only after such report has been made available to 

11 the requesting Committee or Committees of Congress for 

12 no less than 45 days. 

13 NATIONAL ENDOWMENT FOR THE ARTS GRANT

14 GUIDELINES

15 SEC. 412. Of the funds provided to the National En16 dowment for the Arts— 

17 (1) The Chairperson shall only award a grant 

18 to an individual if such grant is awarded to such in19 dividual for a literature fellowship, National Herit20 age Fellowship, or American Jazz Masters Fellow21 ship. 

22 (2) The Chairperson shall establish procedures 

23 to ensure that no funding provided through a grant, 

24 except a grant made to a State or local arts agency, 

25 or regional group, may be used to make a grant to 


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1 any other organization or individual to conduct ac2 tivity independent of the direct grant recipient. 

3 Nothing in this subsection shall prohibit payments 

4 made in exchange for goods and services. 

5 (3) No grant shall be used for seasonal support 

6 to a group, unless the application is specific to the 

7 contents of the season, including identified programs 

8 or projects. 

9 NATIONAL ENDOWMENT FOR THE ARTS PROGRAM

10 PRIORITIES

11 SEC. 413. (a) In providing services or awarding fi12 nancial assistance under the National Foundation on the 

13 Arts and the Humanities Act of 1965 from funds appro14 priated under this Act, the Chairperson of the National 

15 Endowment for the Arts shall ensure that priority is given 

16 to providing services or awarding financial assistance for 

17 projects, productions, workshops, or programs that serve 

18 underserved populations. 

19 (b) In this section: 

20 (1) The term ‘‘underserved population’’ means 

21 a population of individuals, including urban minori22 ties, who have historically been outside the purview 

23 of arts and humanities programs due to factors such 

24 as a high incidence of income below the poverty line 

25 or to geographic isolation. 


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1 (2) The term ‘‘poverty line’’ means the poverty 

2 line (as defined by the Office of Management and 

3 Budget, and revised annually in accordance with sec4 tion 673(2) of the Community Services Block Grant 

5 Act (42 U.S.C. 9902(2))) applicable to a family of 

6 the size involved. 

7 (c) In providing services and awarding financial as8 sistance under the National Foundation on the Arts and 

9 Humanities Act of 1965 with funds appropriated by this 

10 Act, the Chairperson of the National Endowment for the 

11 Arts shall ensure that priority is given to providing serv12 ices or awarding financial assistance for projects, produc13 tions, workshops, or programs that will encourage public 

14 knowledge, education, understanding, and appreciation of 

15 the arts. 

16 (d) With funds appropriated by this Act to carry out 

17 section 5 of the National Foundation on the Arts and Hu18 manities Act of 1965— 

19 (1) the Chairperson shall establish a grant cat20 egory for projects, productions, workshops, or pro21 grams that are of national impact or availability or 

22 are able to tour several States; 

23 (2) the Chairperson shall not make grants ex24 ceeding 15 percent, in the aggregate, of such funds 


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1 to any single State, excluding grants made under the 

2 authority of paragraph (1); 

3 (3) the Chairperson shall report to the Con4 gress annually and by State, on grants awarded by 

5 the Chairperson in each grant category under sec6 tion 5 of such Act; and 

7 (4) the Chairperson shall encourage the use of 

8 grants to improve and support community-based 

9 music performance and education. 

10 STATUS OF BALANCES OF APPROPRIATIONS

11 SEC. 414. The Department of the Interior, the Envi12 ronmental Protection Agency, the Forest Service, and the 

13 Indian Health Service shall provide the Committees on 

14 Appropriations of the House of Representatives and Sen15 ate quarterly reports on the status of balances of appro16 priations including all uncommitted, committed, and unob17 ligated funds in each program and activity within 60 days 

18 of enactment of this Act. 

19 EXTENSION OF GRAZING PERMITS

20 SEC. 415. The terms and conditions of section 325 

21 of Public Law 108–108 (117 Stat. 1307), regarding graz22 ing permits issued by the Forest Service on any lands not 

23 subject to administration under section 402 of the Federal 

24 Lands Policy and Management Act (43 U.S.C. 1752), 

25 shall remain in effect for fiscal year 2023. 


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1 FUNDING PROHIBITION

2 SEC. 416. (a) None of the funds made available in 

3 this Act may be used to maintain or establish a computer 

4 network unless such network is designed to block access 

5 to pornography websites. 

6 (b) Nothing in subsection (a) shall limit the use of 

7 funds necessary for any Federal, State, Tribal, or local 

8 law enforcement agency or any other entity carrying out 

9 criminal investigations, prosecution, or adjudication activi10 ties. 

11 HUMANE TRANSFER AND TREATMENT OF ANIMALS

12 SEC. 417. (a) Notwithstanding any other provision 

13 of law, the Secretary of the Interior, with respect to land 

14 administered by the Bureau of Land Management, or the 

15 Secretary of Agriculture, with respect to land adminis16 tered by the Forest Service (referred to in this section as 

17 the ‘‘Secretary concerned’’), may transfer excess wild 

18 horses and burros that have been removed from land ad19 ministered by the Secretary concerned to other Federal, 

20 State, and local government agencies for use as work ani21 mals. 

22 (b) The Secretary concerned may make a transfer 

23 under subsection (a) immediately on the request of a Fed24 eral, State, or local government agency. 


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1 (c) An excess wild horse or burro transferred under 

2 subsection (a) shall lose status as a wild free-roaming 

3 horse or burro (as defined in section 2 of Public Law 92– 

4 195 (commonly known as the ‘‘Wild Free-Roaming Horses 

5 and Burros Act’’) (16 U.S.C. 1332)). 

6 (d) A Federal, State, or local government agency re7 ceiving an excess wild horse or burro pursuant to sub8 section (a) shall not— 

9 (1) destroy the horse or burro in a manner that 

10 results in the destruction of the horse or burro into 

11 a commercial product; 

12 (2) sell or otherwise transfer the horse or burro 

13 in a manner that results in the destruction of the 

14 horse or burro for processing into a commercial 

15 product; or 

16 (3) euthanize the horse or burro, except on the 

17 recommendation of a licensed veterinarian in a case 

18 of severe injury, illness, or advanced age. 

19 (e) Amounts appropriated by this Act shall not be 

20 available for— 

21 (1) the destruction of any healthy, unadopted, 

22 and wild horse or burro under the jurisdiction of the 

23 Secretary concerned (including a contractor); or 


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1 (2) the sale of a wild horse or burro that results 

2 in the destruction of the wild horse or burro for 

3 processing into a commercial product. 

4 FOREST SERVICE FACILITY REALIGNMENT AND

5 ENHANCEMENT AUTHORIZATION EXTENSION

6 SEC. 418. Section 503(f) of Public Law 109–54 (16 

7 U.S.C. 580d note) shall be applied by substituting ‘‘Sep8 tember 30, 2023’’ for ‘‘September 30, 2019’’. 

9 USE OF AMERICAN IRON AND STEEL

10 SEC. 419. (a)(1) None of the funds made available 

11 by a State water pollution control revolving fund as au12 thorized by section 1452 of the Safe Drinking Water Act 

13 (42 U.S.C. 300j–12) shall be used for a project for the 

14 construction, alteration, maintenance, or repair of a public 

15 water system or treatment works unless all of the iron and 

16 steel products used in the project are produced in the 

17 United States. 

18 (2) In this section, the term ‘‘iron and steel’’ products 

19 means the following products made primarily of iron or 

20 steel: lined or unlined pipes and fittings, manhole covers 

21 and other municipal castings, hydrants, tanks, flanges, 

22 pipe clamps and restraints, valves, structural steel, rein23 forced precast concrete, and construction materials. 

24 (b) Subsection (a) shall not apply in any case or cat25 egory of cases in which the Administrator of the EnvironVerDate Sep 11 2014 00:04 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00163 Fmt 6652 Sfmt 6201 E:\BILLS\S4686.IS S4686

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1 mental Protection Agency (in this section referred to as 

2 the ‘‘Administrator’’) finds that— 

3 (1) applying subsection (a) would be incon4 sistent with the public interest; 

5 (2) iron and steel products are not produced in 

6 the United States in sufficient and reasonably avail7 able quantities and of a satisfactory quality; or 

8 (3) inclusion of iron and steel products pro9 duced in the United States will increase the cost of 

10 the overall project by more than 25 percent. 

11 (c) If the Administrator receives a request for a waiv12 er under this section, the Administrator shall make avail13 able to the public on an informal basis a copy of the re14 quest and information available to the Administrator con15 cerning the request, and shall allow for informal public 

16 input on the request for at least 15 days prior to making 

17 a finding based on the request. The Administrator shall 

18 make the request and accompanying information available 

19 by electronic means, including on the official public Inter20 net Web site of the Environmental Protection Agency. 

21 (d) This section shall be applied in a manner con22 sistent with United States obligations under international 

23 agreements. 

24 (e) The Administrator may retain up to 0.25 percent 

25 of the funds appropriated in this Act for the Clean and 


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1 Drinking Water State Revolving Funds for carrying out 

2 the provisions described in subsection (a)(1) for manage3 ment and oversight of the requirements of this section. 

4 LOCAL COOPERATOR TRAINING AGREEMENTS AND TRANS5 FERS OF EXCESS EQUIPMENT AND SUPPLIES FOR

6 WILDFIRES

7 SEC. 420. The Secretary of the Interior is authorized 

8 to enter into grants and cooperative agreements with vol9 unteer fire departments, rural fire departments, rangeland 

10 fire protection associations, and similar organizations to 

11 provide for wildland fire training and equipment, including 

12 supplies and communication devices. Notwithstanding sec13 tion 121(c) of title 40, United States Code, or section 521 

14 of title 40, United States Code, the Secretary is further 

15 authorized to transfer title to excess Department of the 

16 Interior firefighting equipment no longer needed to carry 

17 out the functions of the Department’s wildland fire man18 agement program to such organizations. 

19 RECREATION FEES

20 SEC. 421. Section 810 of the Federal Lands Recre21 ation Enhancement Act (16 U.S.C. 6809) shall be applied 

22 by substituting ‘‘October 1, 2024’’ for ‘‘September 30, 

23 2019’’. 


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1 REPROGRAMMING GUIDELINES

2 SEC. 422. None of the funds made available in this 

3 Act, in this and prior fiscal years, may be reprogrammed 

4 without the advance approval of the House and Senate 

5 Committees on Appropriations in accordance with the re6 programming procedures contained in the explanatory 

7 statement accompanying this Act. 

8 LOCAL CONTRACTORS

9 SEC. 423. Section 412 of division E of Public Law 

10 112–74 shall be applied by substituting ‘‘fiscal year 2023’’ 

11 for ‘‘fiscal year 2019’’. 

12 SHASTA-TRINITY MARINA FEE AUTHORITY

13 AUTHORIZATION EXTENSION

14 SEC. 424. Section 422 of division F of Public Law 

15 110–161 (121 Stat 1844), as amended, shall be applied 

16 by substituting ‘‘fiscal year 2023’’ for ‘‘fiscal year 2019’’. 

17 INTERPRETIVE ASSOCIATION AUTHORIZATION EXTENSION

18 SEC. 425. Section 426 of division G of Public Law 

19 113–76 (16 U.S.C. 565a–1 note) shall be applied by sub20 stituting ‘‘September 30, 2023’’ for ‘‘September 30, 

21 2019’’. 

22 PUERTO RICO SCHOOLING AUTHORIZATION EXTENSION

23 SEC. 426. The authority provided by the 19th un24 numbered paragraph under heading ‘‘Administrative Pro25 visions, Forest Service’’ in title III of Public Law 109– 


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1 54, as amended, shall be applied by substituting ‘‘fiscal 

2 year 2023’’ for ‘‘fiscal year 2019’’. 

3 FOREST BOTANICAL PRODUCTS FEE COLLECTION

4 AUTHORIZATION EXTENSION

5 SEC. 427. Section 339 of the Department of the Inte6 rior and Related Agencies Appropriations Act, 2000 (as 

7 enacted into law by Public Law 106–113; 16 U.S.C. 528 

8 note), as amended by section 335(6) of Public Law 108– 

9 108 and section 432 of Public Law 113–76, shall be ap10 plied by substituting ‘‘fiscal year 2023’’ for ‘‘fiscal year 

11 2019’’. 

12 CHACO CANYON

13 SEC. 428. None of the funds made available by this 

14 Act may be used to accept a nomination for oil and gas 

15 leasing under 43 CFR 3120.3 et seq., or to offer for oil 

16 and gas leasing, any Federal lands within the withdrawal 

17 area identified on the map of the Chaco Culture National 

18 Historical Park prepared by the Bureau of Land Manage19 ment and dated April 2, 2019, prior to the completion of 

20 the cultural resources investigation identified in the ex21 planatory statement described in section 4 in the matter 

22 preceding division A of the Consolidated Appropriations 

23 Act, 2021 (Public Law 116–260). 


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1 TRIBAL LEASES

2 SEC. 429. (a) Notwithstanding any other provision 

3 of law, in the case of any lease under section 105(l) of 

4 the Indian Self-Determination and Education Assistance 

5 Act (25 U.S.C. 5324(l)), the initial lease term shall com6 mence no earlier than the date of receipt of the lease pro7 posal. 

8 (b) The Secretaries of the Interior and Health and 

9 Human Services shall, jointly or separately, during fiscal 

10 year 2023 consult with Tribes and Tribal organizations 

11 through public solicitation and other means regarding the 

12 requirements for leases under section 105(l) of the Indian 

13 Self-Determination and Education Assistance Act (25 

14 U.S.C. 5324(l)) on how to implement a consistent and 

15 transparent process for the payment of such leases. 

16 FOREST ECOSYSTEM HEALTH AND RECOVERY FUND

17 SEC. 430. The authority provided under the heading 

18 ‘‘Forest Ecosystem Health and Recovery Fund’’ in title 

19 I of Public Law 111–88, as amended by section 117 of 

20 division F of Public Law 113–235, shall be applied by sub21 stituting ‘‘fiscal year 2023’’ for ‘‘fiscal year 2020’’ each 

22 place it appears. 


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1 ALLOCATION OF PROJECTS, NATIONAL PARKS AND PUB2 LIC LAND LEGACY RESTORATION FUND AND LAND

3 AND WATER CONSERVATION FUND

4 SEC. 431. (a)(1) Within 45 days of enactment of this 

5 Act, the Secretary of the Interior shall allocate amounts 

6 made available from the National Parks and Public Land 

7 Legacy Restoration Fund for fiscal year 2023 pursuant 

8 to subsection (c) of section 200402 of title 54, United 

9 States Code, and as provided in subsection (e) of such sec10 tion of such title, to the agencies of the Department of 

11 the Interior and the Department of Agriculture specified, 

12 in the amounts specified, for the stations and unit names 

13 specified, and for the projects and activities specified in 

14 the table titled ‘‘Allocation of Funds: National Parks and 

15 Public Land Legacy Restoration Fund Fiscal Year 2023’’ 

16 in the explanatory statement accompanying this Act. 

17 (2) Within 45 days of enactment of this Act, the Sec18 retary of the Interior and the Secretary of Agriculture, 

19 as appropriate, shall allocate amounts made available for 

20 expenditure from the Land and Water Conservation Fund 

21 for fiscal year 2023 pursuant to subsection (a) of section 

22 200303 of title 54, United States Code, to the agencies 

23 and accounts specified, in the amounts specified, and for 

24 the projects and activities specified in the table titled ‘‘Al25 location of Funds: Land and Water Conservation Fund 


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1 Fiscal Year 2023’’ in the explanatory statement accom2 panying this Act. 

3 (b) Except as otherwise provided by subsection (c) 

4 of this section, neither the President nor his designee may 

5 allocate any amounts that are made available for any fiscal 

6 year under subsection (c) of section 200402 of title 54, 

7 United States Code, or subsection (a) of section 200303 

8 of title 54, United States Code, other than in amounts 

9 and for projects and activities that are allocated by sub10 sections (a)(1) and (a)(2) of this section: Provided, That 

11 in any fiscal year, the matter preceding this proviso shall 

12 not apply to the allocation of amounts for continuing ad13 ministration of programs allocated funds from the Na14 tional Parks and Public Land Legacy Restoration Fund 

15 or the Land and Water Conservation Fund, which may 

16 be allocated only in amounts that are no more than the 

17 allocation for such purposes in subsections (a)(1) and 

18 (a)(2) of this section. 

19 (c) The Secretary of the Interior and the Secretary 

20 of Agriculture may reallocate amounts from each agency’s 

21 ‘‘Contingency Fund’’ line in the table titled ‘‘Allocation 

22 of Funds: National Parks and Public Land Legacy Res23 toration Fund Fiscal Year 2023’’ to any project funded 

24 by the National Parks and Public Land Legacy Restora25 tion Fund within the same agency, from any fiscal year, 


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1 that experienced a funding deficiency due to unforeseen 

2 cost overruns, in accordance with the following require3 ments: 

4 (1) ‘‘Contingency Fund’’ amounts may only be 

5 reallocated if there is a risk to project completion re6 sulting from unforeseen cost overruns; 

7 (2) ‘‘Contingency Fund’’ amounts may only be 

8 reallocated for cost of adjustments and changes 

9 within the original scope of effort for projects fund10 ed by the National Parks and Public Land Legacy 

11 Restoration Fund; and 

12 (3) The Secretary of the Interior or the Sec13 retary of Agriculture must provide written notifica14 tion to the Committees on Appropriations 30 days 

15 before taking any actions authorized by this sub16 section if the amount reallocated from the ‘‘Contin17 gency Fund’’ line for a project is projected to be 10 

18 percent or greater than the following, as applicable: 

19 (A) The amount allocated to that project 

20 in the table titled ‘‘Allocation of Funds: Na21 tional Parks and Public Land Legacy Restora22 tion Fund Fiscal Year 2023’’ in the explanatory 

23 statement accompanying this Act; or 

24 (B) The initial estimate in the most recent 

25 report submitted, prior to enactment of this 


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1 Act, to the Committees on Appropriations pur2 suant to section 431(e) of division G of the 

3 Consolidated Appropriations Act, 2022 (Public 

4 Law 117–103). 

5 (d)(1) Concurrent with the annual budget submission 

6 of the President for fiscal year 2024, the Secretary of the 

7 Interior and the Secretary of Agriculture shall each sub8 mit to the Committees on Appropriations of the House 

9 of Representatives and the Senate project data sheets for 

10 the projects in the ‘‘Submission of Annual List of Projects 

11 to Congress’’ required by section 200402(h) of title 54, 

12 United States Code: Provided, That the ‘‘Submission of 

13 Annual List of Projects to Congress’’ must include a 

14 ‘‘Contingency Fund’’ line for each agency within the allo15 cations defined in subsection (e) of section 200402 of title 

16 54, United States Code: Provided further, That in the 

17 event amounts allocated by this Act or any prior Act for 

18 the National Parks and Public Land Legacy Restoration 

19 Fund are no longer needed to complete a specified project, 

20 such amounts may be reallocated in such submission to 

21 that agency’s ‘‘Contingency Fund’’ line: Provided further, 

22 That any proposals to change the scope of or terminate 

23 a previously approved project must be clearly identified 

24 in such submission. 


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1 (2)(A) Concurrent with the annual budget submission 

2 of the President for fiscal year 2024, the Secretary of the 

3 Interior and the Secretary of Agriculture shall each sub4 mit to the Committees on Appropriations of the House 

5 of Representatives and the Senate a list of supplementary 

6 allocations for Federal land acquisition and Forest Legacy 

7 Projects at the National Park Service, the U.S. Fish and 

8 Wildlife Service, the Bureau of Land Management, and 

9 the U.S. Forest Service that are in addition to the ‘‘Sub10 mission of Cost Estimates’’ required by section 

11 200303(c)(1) of title 54, United States Code, that are 

12 prioritized and detailed by account, program, and project, 

13 and that total no less than half the full amount allocated 

14 to each account for that land management Agency under 

15 the allocations submitted under section 200303(c)(1) of 

16 title 54, United States Code: Provided, That in the event 

17 amounts allocated by this Act or any prior Act pursuant 

18 to subsection (a) of section 200303 of title 54, United 

19 States Code are no longer needed because a project has 

20 been completed or can no longer be executed, such 

21 amounts must be clearly identified if proposed for realloca22 tion in the annual budget submission. 

23 (B) The Federal land acquisition and Forest Legacy 

24 projects in the ‘‘Submission of Cost Estimates’’ required 

25 by section 200303(c)(1) of title 54, United States Code, 


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1 and on the list of supplementary allocations required by 

2 subparagraph (A) shall be comprised only of projects for 

3 which a willing seller has been identified and for which 

4 an appraisal or market research has been initiated. 

5 (C) Concurrent with the annual budget submission 

6 of the President for fiscal year 2024, the Secretary of the 

7 Interior and the Secretary of Agriculture shall each sub8 mit to the Committees on Appropriations of the House 

9 of Representatives and the Senate project data sheets in 

10 the same format and containing the same level of detailed 

11 information that is found on such sheets in the Budget 

12 Justifications annually submitted by the Department of 

13 the Interior with the President’s Budget for the projects 

14 in the ‘‘Submission of Cost Estimates’’ required by section 

15 200303(c)(1) of title 54, United States Code, and in the 

16 same format and containing the same level of detailed in17 formation that is found on such sheets submitted to the 

18 Committees pursuant to section 427 of division D of the 

19 Further Consolidated Appropriations Act, 2020 (Public 

20 Law 116–94) for the list of supplementary allocations re21 quired by subparagraph (A). 

22 (e) The Department of the Interior and the Depart23 ment of Agriculture shall provide the Committees on Ap24 propriations of the House of Representatives and Senate 

25 quarterly reports on the status of balances of projects and 


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1 activities funded by the National Parks and Public Land 

2 Legacy Restoration Fund for amounts allocated pursuant 

3 to subsection (a)(1) of this section and the status of bal4 ances of projects and activities funded by the Land and 

5 Water Conservation Fund for amounts allocated pursuant 

6 to subsection (a)(2) of this section, including all uncom7 mitted, committed, and unobligated funds, and, for 

8 amounts allocated pursuant to subsection (a)(1) of this 

9 section, National Parks and Public Land Legacy Restora10 tion Fund amounts reallocated pursuant to subsection (c) 

11 of this section. 

12 POLICIES RELATING TO BIOMASS ENERGY

13 SEC. 432. To support the key role that forests in the 

14 United States can play in addressing the energy needs of 

15 the United States, the Secretary of Energy, the Secretary 

16 of Agriculture, and the Administrator of the Environ17 mental Protection Agency shall, consistent with their mis18 sions, jointly— 

19 (1) ensure that Federal policy relating to forest 

20 bioenergy— 

21 (A) is consistent across all Federal depart22 ments and agencies; and 

23 (B) using the best available science, recog24 nizes the benefits of the use of forest biomass 


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1 for energy, conservation, and responsible forest 

2 management; and 

3 (2) establish clear and simple policies for the 

4 use of forest biomass as an energy solution, includ5 ing policies that— 

6 (A) reflect the extent of the carbon bene7 fits of forest bioenergy and recognize biomass 

8 as a renewable energy source, provided the use 

9 of forest biomass for energy production does 

10 not cause conversion of forests to non-forest 

11 use; 

12 (B) encourage private investment through13 out the forest biomass supply chain, including 

14 in— 

15 (i) working forests; 

16 (ii) harvesting operations; 

17 (iii) forest improvement operations; 

18 (iv) forest bioenergy production; 

19 (v) wood products manufacturing; or 

20 (vi) paper manufacturing; 

21 (C) encourage forest management to im22 prove forest health; and 

23 (D) recognize State initiatives to produce 

24 and use forest biomass. 


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1 TIMBER SALE REQUIREMENTS

2 SEC. 433. No timber sale in Alaska’s Region 10 shall 

3 be advertised if the indicated rate is deficit (defined as 

4 the value of the timber is not sufficient to cover all logging 

5 and stumpage costs and provide a normal profit and risk 

6 allowance under the Forest Service’s appraisal process) 

7 when appraised using a residual value appraisal. The west8 ern red cedar timber from those sales which is surplus 

9 to the needs of the domestic processors in Alaska, shall 

10 be made available to domestic processors in the contiguous 

11 48 United States at prevailing domestic prices. All addi12 tional western red cedar volume not sold to Alaska or con13 tiguous 48 United States domestic processors may be ex14 ported to foreign markets at the election of the timber sale 

15 holder. All Alaska yellow cedar may be sold at prevailing 

16 export prices at the election of the timber sale holder. 

17 TRANSFER AUTHORITY TO FEDERAL HIGHWAY ADMINIS18 TRATION FOR THE NATIONAL PARKS AND PUBLIC

19 LAND LEGACY RESTORATION FUND

20 SEC. 434. Funds made available or allocated in this 

21 Act to the Department of the Interior or the Department 

22 of Agriculture that are subject to the allocations and limi23 tations in 54 U.S.C. 200402(e) and prohibitions in 54 

24 U.S.C. 200402(f) may be further allocated or reallocated 

25 to the Federal Highway Administration for transportation 


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1 projects of the covered agencies defined in 54 U.S.C. 

2 200401(2). 

3 SMALL REMOTE INCINERATORS

4 SEC. 435. None of the funds made available in this 

5 Act may be used to implement or enforce the regulation 

6 issued on March 21, 2011 at 40 CFR part 60 subparts 

7 CCCC and DDDD with respect to units in the State of 

8 Alaska that are defined as ‘‘small, remote incinerator’’ 

9 units in those regulations and, until a subsequent regula10 tion is issued, the Administrator shall implement the law 

11 and regulations in effect prior to such date. 

12 ALASKA NATIVE REGIONAL HEALTH ENTITIES

13 AUTHORIZATION EXTENSION

14 SEC. 436. Section 424(a) of the Consolidated Appro15 priations Act, 2014 (Public Law 113–76), as amended by 

16 section 428 of the Consolidated Appropriations Act, 2018 

17 (Public Law 115–141), shall be applied by substituting 

18 ‘‘October 1, 2023’’ for ‘‘October 1, 2019’’. 

19 BUDGETARY RECLASSIFICATION

20 SEC. 437. (a) For fiscal year 2023 and each fiscal 

21 year thereafter, notwithstanding the Budget Scorekeeping 

22 Guidelines and the accompanying list of programs and ac23 counts set forth in the joint explanatory statement of the 

24 committee of conference accompanying Conference Report 

25 105–217, and for the purposes of the Balanced Budget 


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1 and Emergency Deficit Control Act of 1985 and the Con2 gressional Budget Act of 1974, the following accounts 

3 shall be treated as if they were accounts designated as 

4 ‘‘Appropriated Entitlements and Mandatories for Fiscal 

5 Year 1997’’ in the joint explanatory statement of the com6 mittee of conference accompanying Conference Report 

7 105–217: 

8 Contract Support Costs, Bureau of Indian Af9 fairs (014–2240–0–1–452). 

10 Contract Support Costs, Indian Health Service 

11 (075–0344–0–1–551). 

12 Payments for Tribal Leases, Bureau of Indian 

13 Affairs (014–0200–0–1–452). 

14 Payments for Tribal Leases, Indian Health 

15 Service (075–0200–0–1–551). 

16 This subsection shall be considered a change in concepts 

17 and definitions pursuant to section 251(b)(1) of the Bal18 anced Budget and Emergency Deficit Control Act of 1985 

19 for purposes of section 257(d) of such Act, section 1(c)(2) 

20 of H. Res. 1151 (117th Congress), as engrossed in the 

21 House of Representatives on June 8, 2022, and any provi22 sion in a concurrent resolution on the budget for fiscal 

23 year 2023 addressing adjustments to reflect changes in 

24 concepts and definitions, and, upon enactment, amounts 

25 made available for fiscal year 2023 and subsequent fiscal 


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1 years shall be reflected accordingly, including in the re2 ports required by section 308(b) of the Congressional 

3 Budget Act of 1974. 

4 (b) Section 255(g)(1)(A) of the Balanced Budget and 

5 Emergency Deficit Control Act of 1985 (title II of Public 

6 Law 99–177, as amended; 2 U.S.C. 905(g)(1)(A)) is 

7 amended— 

8 (1) by inserting after ‘‘Continuing Fund, 

9 Southwestern Power Administration (89–5649–0–2– 

10 271).’’ the following: 

11 ‘‘Contract Support Costs, Bureau of Indian Af12 fairs (014–2240–0–1–452). 

13 ‘‘Contract Support Costs, Indian Health Service 

14 (075–0344–0–1–551).’’; and 

15 (2) by inserting after ‘‘Payment to the Foreign 

16 Service Retirement and Disability Fund (19–0540– 

17 0–1–153).’’ the following: 

18 ‘‘Payments for Tribal Leases, Bureau of Indian 

19 Affairs (014–0200–0–1–452). 

20 ‘‘Payments for Tribal Leases, Indian Health 

21 Service (075–0200–0–1–551).’’. 

22 FIREFIGHTER PAY CAP

23 SEC. 438. Section 1701 of division B of the Extend24 ing Government Funding and Delivering Emergency AsVerDate Sep 11 2014 00:04 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00180 Fmt 6652 Sfmt 6201 E:\BILLS\S4686.IS S4686

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1 sistance Act (5 U.S.C. 5547 note), as amended by Public 

2 Law 117–103, is further amended— 

3 (1) in subsection (a)(1), by striking the last 

4 sentence and inserting ‘‘Any Services during a given 

5 calendar year that generate payments payable in the 

6 subsequent calendar year shall be disregarded in ap7 plying this subsection’’; and 

8 (2) in subsections (a), (b), and (c) by inserting 

9 ‘‘or 2023’’ after ‘‘or 2022’’ each place it appears. 

10 HAZARDOUS SUBSTANCE SUPERFUND

11 SEC. 439. (a) Section 613 of title VI of division J 

12 of Public Law 117–58 is repealed. 

13 (b) For this fiscal year and each fiscal year there14 after, such sums as are available in the Hazardous Sub15 stance Superfund established under section 9507 of the 

16 Internal Revenue Code of 1986 at the end of the preceding 

17 fiscal year from taxes received in the Treasury under sub18 section (b)(1) of such section shall be available, without 

19 further appropriation, to be used to carry out the Com20 prehensive Environmental Response, Compensation, and 

21 Liability Act of 1980 (42 U.S.C. 9601 et seq.): Provided, 

22 That the amount provided by this subsection is designated 

23 by the Congress as being for an emergency requirement 

24 pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th 

25 Congress), the concurrent resolution on the budget for fisVerDate Sep 11 2014 00:04 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00181 Fmt 6652 Sfmt 6201 E:\BILLS\S4686.IS S4686

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1 cal year 2022, to section 1(e) of H. Res. 1151 (117th Con2 gress), as engrossed in the House of Representatives on 

3 June 8, 2022, and to section 251(b) of the Balanced 

4 Budget and Emergency Deficit Control Act of 1985. 

5 FOREST SERVICE INTEREST BEARING ACCOUNT

6 SEC. 440. (a) INVESTMENT AUTHORITY.—Any mon7 ies covered into the Treasury under section 7 of the Act 

8 of June 20, 1958 (Public Law 85–464; 16 U.S.C. 579c), 

9 including all monies that were previously collected by the 

10 United States in a forfeiture, judgment, compromise, or 

11 settlement, shall be invested by the Secretary of the Treas12 ury in interest bearing obligations of the United States 

13 to the extent the amounts are not, in the judgment of the 

14 Secretary of the Treasury, required to meet current with15 drawals. 

16 (b) AVAILABILITY OF FUNDS.—Any interest earned 

17 under subsection (a) shall be available in the same manner 

18 as the monies covered into the Treasury under section 7 

19 of the Act of June 20, 1958 (Public Law 85–464; 16 

20 U.S.C. 579c) to cover the costs to the United States speci21 fied in section 7 of that Act. 

22 (c) USE OF FUNDS.—Any portion of the monies re23 ceived or earned under subsection (a) in excess of the 

24 amount expended in performing the work necessitated by 

25 the action which led to their receipt may be used to cover 


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1 the other work specified in section 7 of the Act of June 

2 20, 1958 (Public Law 85–464; 16 U.S.C. 579c). 

3 (d) EFFECTIVE DATE.—This section shall apply with 

4 respect to fiscal year 2023 and each succeeding fiscal year. 


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1 TITLE V 

2 DISASTER RECOVERY AND EMERGENCY 

3 RESPONSE 

4 DEPARTMENT OF THE INTERIOR 

5 UNITED STATES FISH AND WILDLIFE SERVICE

6 CONSTRUCTION

7 For an additional amount for ‘‘Construction’’, 

8 $63,051,000, to remain available until expended, for nec9 essary expenses related to the consequences of winter 

10 storm damages at Midway Atoll National Wildlife Refuge 

11 and other natural disasters occurring in and prior to fiscal 

12 year 2022. 

13 NATIONAL PARK SERVICE

14 CONSTRUCTION

15 For an additional amount for ‘‘Construction’’, 

16 $1,674,311,000, to remain available until expended, for 

17 necessary expenses related to the consequences of flooding, 

18 drought, landslides, wildfire, and other natural disasters 

19 at Denali National Park and Preserve, Glen Canyon Na20 tional Recreation Area, Lake Mead National Recreation 

21 Area, and Yellowstone National Park. 

22 BUREAU OF INDIAN EDUCATION

23 EDUCATION CONSTRUCTION

24 For an additional amount for ‘‘Education Construc25 tion’’, $90,465,000, to remain available until expended, 


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1 for necessary expenses related to the consequences of 

2 flooding at the To’Hajiilee Community School. 

3 DEPARTMENT-WIDE PROGRAMS

4 WILDLAND FIRE MANAGEMENT

5 For an additional amount for ‘‘Wildland Fire Man6 agement’’, $75,000,000, to remain available until ex7 pended, for wildland fire suppression activities. 

8 DEPARTMENT OF AGRICULTURE 

9 FOREST SERVICE

10 WILDLAND FIRE MANAGEMENT

11 For an additional amount for ‘‘Wildland Fire Man12 agement’’, $375,000,000, to remain available until ex13 pended, for wildland fire suppression activities. 

14 GENERAL PROVISIONS—THIS TITLE

15 SEC. 501. Each amount appropriated or made avail16 able by this title is in addition to amounts otherwise ap17 propriated for fiscal year 2023. 

18 SEC. 502. No part of any appropriation contained in 

19 this title shall remain available for obligation beyond the 

20 current fiscal year unless expressly so provided herein. 

21 SEC. 503. Unless otherwise provided for by this title, 

22 the additional amounts appropriated by this title to appro23 priations accounts shall be available under the authorities 

24 and conditions applicable to such appropriations accounts 

25 for funds appropriated in fiscal year 2023. 


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1 SEC. 504. Each amount provided by this title is des2 ignated by the Congress as being for an emergency re3 quirement pursuant to section 4001(a)(1) of S. Con. Res. 

4 14 (117th Congress), the concurrent resolution on the 

5 budget for fiscal year 2022, and section 1(e) of H. Res. 

6 1151 (117th Congress), as engrossed in the House of Rep7 resentatives on June 8, 2022. 

8 This Act may be cited as the ‘‘Department of the In9 terior, Environment, and Related Agencies Appropriations 

10 Act, 2023’’. 

Æ 


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